PUBLIC LAW 107–216—AUG. 21, 2002 116 STAT. 1055

Public Law 107–216

107th Congress

An Act

To designate the James Peak Wilderness and Protection Area in the Arapaho

and Roosevelt National Forests in the State of Colorado, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘James Peak Wilderness and

Protection Area Act’’.

SEC. 2. WILDERNESS DESIGNATION.

(a) INCLUSION WITH OTHER COLORADO WILDERNESS AREAS.—

Section 2(a) of the Colorado Wilderness Act of 1993 (Public Law

103–77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by adding

at the end the following new paragraph:

‘‘(21) Certain lands in the Arapaho/Roosevelt National

Forest which comprise approximately 14,000 acres, as generally

depicted on a map entitled ‘Proposed James Peak Wilderness’,

dated September 2001, and which shall be known as the James

Peak Wilderness.’’.

(b) ADDITION TO THE INDIAN PEAKS WILDERNESS AREA.—Section

3 of the Indian Peaks Wilderness Area and Arapaho National

Recreation Area and the Oregon Islands Wilderness Area Act

(Public Law 95–450; 92 Stat. 1095; 16 U.S.C. 1132 note) is amended

by adding at the end the following new subsections:

‘‘(c) The approximately 2,232 acres of Federal lands in the

Arapaho/Roosevelt National Forest generally depicted on the map

entitled ‘Ranch Creek Addition to Indian Peaks Wilderness’ dated

September 2001, are hereby added to the Indian Peaks Wilderness

Area.

‘‘(d) The approximately 963 acres of Federal lands in the

Arapaho/Roosevelt National Forest generally depicted on the map

entitled ‘Fourth of July Addition to Indian Peaks Wilderness’ dated

September 2001, are hereby added to the Indian Peaks Wilderness

Area.’’.

(c) MAPS AND BOUNDARY DESCRIPTIONS.—As soon as practicable

after the date of the enactment of this Act, the Secretary of Agriculture (hereafter in this Act referred to as the ‘‘Secretary’’) shall

file with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of

the Senate a map and a boundary description of the area designated

as wilderness by subsection (a) and of the area added to the Indian

Peaks Wilderness Area by subsection (b). The maps and boundary

descriptions shall have the same force and effect as if included

in the Colorado Wilderness Act of 1993 and the Indian Peaks

16 USC 539l.

James Peak

Wilderness and

Protection Act.

Aug. 21, 2002

[H.R. 1576]

116 STAT. 1056 PUBLIC LAW 107–216—AUG. 21, 2002

Wilderness Area and Arapaho National Recreation Area and the

Oregon Islands Wilderness Area Act, respectively, except that the

Secretary may correct clerical and typographical errors in the maps

and boundary descriptions. The maps and boundary descriptions

shall be on file and available for public inspection in the office

of the Chief of the Forest Service, Department of Agriculture and

in the office of the Forest Supervisor of the Arapaho/Roosevelt

National Forest.

SEC. 3. DESIGNATION OF JAMES PEAK PROTECTION AREA, COLORADO.

(a) FINDINGS AND PURPOSE.— (1) FINDINGS.—The Congress finds the following:

(A) The lands covered by this section include important

resources and values, including wildlife habitat, clean

water, open space, and opportunities for solitude.

(B) These lands also include areas that are suitable

for recreational uses, including use of snowmobiles in times

of adequate snow cover as well as use of other motorized

and nonmotorized mechanical devices.

(C) These lands should be managed in a way that

affords permanent protection to their resources and values

while permitting continued recreational uses in appropriate

locales and subject to appropriate regulations.

(2) PURPOSE.—The purpose of this section is to provide

for management of certain lands in the Arapaho/Roosevelt

National Forest in a manner consistent with the 1997 Revised

Land and Resources Management Plan for this forest in order

to protect the natural qualities of these areas.

(b) DESIGNATION.—The approximately 16,000 acres of land in

the Arapaho/Roosevelt National Forest generally depicted on the

map entitled ‘‘Proposed James Peak Protection Area’’, dated September 2001, are hereby designated as the James Peak Protection

Area (hereafter in this Act referred to as the ‘‘Protection Area’’).

(c) MAP AND BOUNDARY DESCRIPTION.—As soon as practicable

after the date of the enactment of this Act, the Secretary shall

file with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of

the Senate a map and a boundary description of the Protection

Area. The map and boundary description shall have the same

force and effect as if included in this Act, except that the Secretary

may correct clerical and typographical errors in the map and

boundary description. The map and boundary description shall be

on file and available for public inspection in the office of the Chief

of the Forest Service, Department of Agriculture, and in the office

of the Forest Supervisor of the Arapaho/Roosevelt National Forest.

(d) MANAGEMENT.—

(1) IN GENERAL.—Except as otherwise provided in this section, the Protection Area shall be managed and administered

by the Secretary in the same manner as the management

area prescription designations identified for these lands in the

1997 Revision of the Land and Resource Management Plan

for the Arapaho/Roosevelt National Forest and the Pawnee

National Grasslands. Such management and administration

shall be in accordance with the following:

(A) GRAZING.—Nothing in this Act, including the

establishment of the Protection Area, shall affect grazing

on lands within or outside of the Protection Area.

16 USC 539l.

PUBLIC LAW 107–216—AUG. 21, 2002 116 STAT. 1057

(B) MINING WITHDRAWAL.—Subject to valid existing

rights, all Federal land within the Protection Area and

all land and interests in land acquired for the Protection

Area by the United States are withdrawn from—

(i) all forms of entry, appropriation, or disposal

under the public land laws;

(ii) location, entry, and patent under the mining

laws; and

(iii) the operation of the mineral leasing, mineral

materials, and geothermal leasing laws, and all amendments thereto.

Nothing in this subparagraph shall be construed to affect

discretionary authority of the Secretary under other Federal laws to grant, issue, or renew rights-of-way or other

land use authorizations consistent with the other provisions

of this Act.

(C) MOTORIZED AND MECHANIZED TRAVEL.—

(i) REVIEW AND INVENTORY.—Not later than two

years after the date of the enactment of this Act,

the Secretary, in consultation with interested parties,

shall complete a review and inventory of all roads

and trails in the Protection Area on which use was

allowed on September 10, 2001, except those lands

managed under the management prescription referred

to in subparagraph (F). During the review and inventory, the Secretary may—

(I) connect existing roads and trails in the

inventoried area to other existing roads and trails

in the inventoried area for the purpose of mechanized and other nonmotorized use on any lands

within the Protection Area as long as there is

no net gain in the total mileage of either roads

or trails open for public use within the Protection

Area; and

(II) close or remove roads or trails within the

Protection Area that the Secretary determines to

be undesirable, except those roads or trails managed pursuant to paragraph (2) of this subsection

or subsection (e)(3).

(ii) AFTER COMPLETION OF INVENTORY.—After

completion of the review and inventory required by

clause (i), the Secretary shall ensure that motorized

and mechanized travel within the Protection Area shall

be permitted only on those roads and trails identified

as open to use in the inventory or established pursuant

to subparagraph (D).

(D) NEW ROADS AND TRAILS.—No new roads or trails

shall be established within the Protection Area except those

which the Secretary shall establish as follows:

(i) Roads and trails established to replace roads

or trails of the same character and scope which have

become nonserviceable through reasons other than

neglect.

(ii) Nonpermanent roads as needed for hazardous

fuels reduction or other control of fire, insect or disease

control projects, or other management purposes.

Deadline.

116 STAT. 1058 PUBLIC LAW 107–216—AUG. 21, 2002

(iii) Roads determined to be appropriate for reasonable access under section 4(b)(2).

(iv) A loop trail established pursuant to section

6.

(v) Construction of a trail for nonmotorized use

following the corridor designated as the Continental

Divide Trail.

(E) TIMBER HARVESTING.—No timber harvesting shall

be allowed within the Protection Area except to the extent

needed for hazardous fuels reduction or other control of

fire, insect or disease control projects, or protection of public

health or safety.

(F) SPECIAL INTEREST AREA.—The management

prescription applicable to the lands described in the 1997

Revision of the Land and Resource Management Plan as

the James Peak Special Interest Area shall also be

applicable to all the lands in the Protection Area that

are bounded on the north by Rollins Pass Road, on the

east by the Continental Divide, and on the west by the

11,300 foot elevation contour as shown on the map referred

to in subsection (b). In addition, motorized vehicle use

shall not be permitted on any part of the Rogers Pass

trail.

(2) NATURAL GAS PIPELINE.—The Secretary shall allow for

maintenance of rights-of-ways and access roads located within

the Protection Area to the extent necessary to operate the

natural gas pipeline permitted under the Arapaho/Roosevelt

National Forest master permit numbered 4138.01 in a manner

that avoids negative impacts on public safety and allows for

compliance with Federal pipeline safety requirements. Such

maintenance may include vegetation management, road maintenance, ground stabilization, and motorized vehicle access.

(3) PERMANENT FEDERAL OWNERSHIP.—All right, title, and

interest of the United States, held on or acquired after the

date of the enactment of this Act, to lands within the boundaries

of the Protection Area shall be retained by the United States.

(e) ISSUES RELATED TO WATER.—

(1) STATUTORY CONSTRUCTION.—

(A) Nothing in this Act shall constitute or be construed

to constitute either an express or implied reservation of

any water or water rights with respect to the lands within

the Protection Area.

(B) Nothing in this Act shall affect any conditional

or absolute water rights in the State of Colorado existing

on the date of the enactment of this Act.

(C) Nothing in this subsection shall be construed as

establishing a precedent with regard to any future protection area designation.

(D) Nothing in this Act shall be construed as limiting,

altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion

water among and between the State of Colorado and other

States.

(2) COLORADO WATER LAW.—The Secretary shall follow the

procedural and substantive requirements of the law of the

State of Colorado in order to obtain and hold any new water

rights with respect to the Protection Area.

Applicability.

PUBLIC LAW 107–216—AUG. 21, 2002 116 STAT. 1059

(3) WATER INFRASTRUCTURE.—Nothing in this Act

(including the provisions related to establishment or management of the Protection Area) shall affect, impede, interfere

with, or diminish the operation, existence, access, maintenance,

improvement, or construction of water facilities and infrastructure, rights-of-way, or other water-related property, interests,

and uses, (including the use of motorized vehicles and equipment existing or located on lands within the Protection Area)

on any lands except those lands managed under the management prescription referred to in subsection (d)(1)(F).

SEC. 4. INHOLDINGS.

(a) STATE LAND BOARD LANDS.—If the Colorado State Land

Board informs the Secretary that the Board is willing to transfer

to the United States some or all of the lands owned by the Board

located within the Protection Area, the Secretary shall promptly

seek to reach agreement with the Board regarding terms and conditions for acquisition of such lands by the United States by purchase

or exchange.

(b) JIM CREEK INHOLDING.—

(1) ACQUISITION OF LANDS.—The Secretary shall enter into

negotiations with the owner of lands located within the portion

of the Jim Creek drainage within the Protection Area for the

purpose of acquiring the lands by purchase or exchange, but

the United States shall not acquire such lands without the

consent of the owner of the lands.

(2) LANDOWNER RIGHTS.—Nothing in this Act shall affect

any rights of the owner of lands located within the Jim Creek

drainage within the Protection Area, including any right to

reasonable access to such lands by motorized or other means

as determined by the Forest Service and the landowner consistent with applicable law and relevant and appropriate rules

and regulations governing such access.

(c) REPORT.—

(1) IN GENERAL.—The Secretary shall submit to the Committee on Resources of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate

a report concerning any agreement or the status of negotiations

conducted pursuant to—

(A) subsection (a), upon conclusion of an agreement

for acquisition by the United States of lands referred to

in subsection (a), or 1 year after the date of the enactment

of this Act, whichever occurs first; and

(B) subsection (b), upon conclusion of an agreement

for acquisition by the United States of lands referred to

in subsection (b), or 1 year after the date of the enactment

of this Act, whichever occurs first.

(2) FUNDING INFORMATION.—The report required by this

subsection shall indicate to what extent funds are available

to the Secretary as of the date of the report for the acquisition

of the relevant lands and whether additional funds need to

be appropriated or otherwise made available to the Secretary

for such purpose.

(d) MANAGEMENT OF ACQUISITIONS.—Any lands within the

James Peak Wilderness or the Protection Area acquired by the

United States after the date of the enactment of this Act shall

16 USC 539l–1.

116 STAT. 1060 PUBLIC LAW 107–216—AUG. 21, 2002

be added to the James Peak Wilderness or the Protection Area,

respectively, and managed accordingly.

SEC. 5. JAMES PEAK FALL RIVER TRAILHEAD.

(a) SERVICES AND FACILITIES.—Following the consultation

required by subsection (c), the Forest Supervisor of the Arapaho/

Roosevelt National Forest in the State of Colorado (in this section

referred to as the ‘‘Forest Supervisor’’) shall establish a trailhead

and corresponding facilities and services to regulate use of National

Forest System lands in the vicinity of the Fall River basin south

of the communities of Alice Township and St. Mary’s Glacier in

the State of Colorado. The facilities and services shall include

the following:

(1) Trailhead parking.

(2) Public restroom accommodations.

(3) Trailhead and trail maintenance.

(b) PERSONNEL.—The Forest Supervisor shall assign Forest

Service personnel to provide appropriate management and oversight

of the area described in subsection (a).

(c) CONSULTATION.—The Forest Supervisor shall consult with

the Clear Creek County commissioners and with residents of Alice

Township and St. Mary’s Glacier regarding—

(1) the appropriate location of facilities and services in

the area described in subsection (a); and

(2) appropriate measures that may be needed in this area—

(A) to provide access by emergency or law enforcement

vehicles;

(B) for public health; and

(C) to address concerns regarding impeded access by

local residents.

(d) REPORT.—After the consultation required by subsection (c),

the Forest Supervisor shall submit to the Committee on Resources

and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and

the Committee on Appropriations of the Senate a report regarding

the amount of any additional funding required to implement this

section.

SEC. 6. LOOP TRAIL STUDY; AUTHORIZATION.

(a) STUDY.—Not later than three years after funds are first

made available for this purpose, the Secretary, in consultation

with interested parties, shall complete a study of the suitability

and feasibility of establishing, consistent with the purpose set forth

in section 3(a)(2), a loop trail for mechanized and other nonmotorized recreation connecting the trail designated as ‘‘Rogers

Pass’’ and the trail designated as ‘‘Rollins Pass Road’’. (b) ESTABLISHMENT.—If the results of the study required by

subsection (a) indicate that establishment of such a loop trail would

be suitable and feasible, consistent with the purpose set forth

in section 3(a)(2), the Secretary shall establish the loop trail in

a manner consistent with that purpose.

SEC. 7. OTHER ADMINISTRATIVE PROVISIONS.

(a) BUFFER ZONES.—The designation by this Act or by amendments made by this Act of wilderness areas and the Protection

Area in the State of Colorado shall not create or imply the creation

of protective perimeters or buffer zones around any wilderness

area or the Protection Area. The fact that nonwilderness activities

16 USC 539l–4.

Deadline.

16 USC 539l–3.

16 USC 539l–2.

PUBLIC LAW 107–216—AUG. 21, 2002 116 STAT. 1061

LEGISLATIVE HISTORY—H.R. 1576:

HOUSE REPORTS: No. 107–316 (Comm. on Resources).

SENATE REPORTS: No. 107–200 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 147 (2001): Dec. 11, considered and passed House.

Vol. 148 (2002): Aug. 1, considered and passed Senate.

Æ

or uses can be seen or heard from within a wilderness area or

Protection Area shall not, of itself, preclude such activities or uses

up to the boundary of the wilderness area or the Protection Area.

(b) ROLLINS PASS ROAD.—If requested by one or more of the

Colorado Counties of Grand, Gilpin, and Boulder, the Secretary

shall provide technical assistance and otherwise cooperate with

respect to repairing the Rollins Pass road in those counties sufficiently to allow two-wheel-drive vehicles to travel between Colorado

State Highway 119 and U.S. Highway 40. If this road is repaired

to such extent, the Secretary shall close the motorized roads and

trails on Forest Service land indicated on the map entitled ‘‘Rollins

Pass Road Reopening: Attendant Road and Trail Closures’’, dated

September 2001.

SEC. 8. WILDERNESS POTENTIAL.

(a) IN GENERAL.—Nothing in this Act shall preclude or restrict

the authority of the Secretary to evaluate the suitability of lands

in the Protection Area for inclusion in the National Wilderness

Preservation System or to make recommendations to Congress for

such inclusion.

(b) EVALUATION OF CERTAIN LANDS.—In connection with the

first revision of the land and resources management plan for the

Arapaho/Roosevelt National Forest after the date of the enactment

of this Act, the Secretary shall evaluate the suitability of the

lands managed under the management prescription referred to

in section 3(d)(1)(F) for inclusion in the National Wilderness

Preservation System and make recommendations to Congress

regarding such inclusion.

Approved August 21, 2002.

16 USC 539l–5.