II 

111TH CONGRESS 

1ST SESSION S. 188 

To provide for a study of options for protecting the open space characteristics 

of certain lands in and adjacent to the Arapaho and Roosevelt National 

Forests in Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2009 

Mr. UDALL of Colorado (for himself and Mr. SALAZAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for a study of options for protecting the open 

space characteristics of certain lands in and adjacent 

to the Arapaho and Roosevelt National Forests in Colorado, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Colorado Northern 

5 Front Range Mountain Backdrop Protection Study Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to identify options that 

8 may be available to assist in maintaining the open space 


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1 characteristics of land that is part of the mountain back2 drop of communities in the northern section of the Front 

3 Range area of Colorado. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Agriculture, acting through the 

8 Chief of the Forest Service. 

9 (2) STATE.—The term ‘‘State’’ means the State 

10 of Colorado. 

11 (3) STUDY AREA.— 

12 (A) IN GENERAL.—The term ‘‘study area’’ 

13 means the land in southern Boulder, northern 

14 Jefferson, and northern Gilpin Counties, Colo15 rado, that is located west of Colorado State 

16 Highway 93, south and east of Colorado State 

17 Highway 119, and north of Colorado State 

18 Highway 46, as generally depicted on the map 

19 entitled ‘‘Colorado Northern Front Range 

20 Mountain Backdrop Protection Study Act: 

21 Study Area’’ and dated August 27, 2008. 

22 (B) EXCLUSIONS.—The term ‘‘study area’’ 

23 does not include land within the city limits of 

24 the cities of Arvada, Boulder, or Golden, Colo25 rado. 


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1 (4) UNDEVELOPED LAND.—The term ‘‘undevel2 oped land’’ means land— 

3 (A) that is located within the study area; 

4 (B) that is free or primarily free of struc5 tures; and 

6 (C) the development of which is likely to 

7 affect adversely the scenic, wildlife, or rec8 reational value of the study area. 

9 SEC. 4. COLORADO NORTHERN FRONT RANGE MOUNTAIN 

10 BACKDROP STUDY. 

11 (a) STUDY; REPORT.—Not later than 1 year after the 

12 date of enactment of this Act and except as provided in 

13 subsection (c), the Secretary shall— 

14 (1) conduct a study of the land within the study 

15 area; and 

16 (2) complete a report that— 

17 (A) identifies the present ownership of the 

18 land within the study area; 

19 (B) identifies any undeveloped land that 

20 may be at risk of development; and 

21 (C) describes any actions that could be 

22 taken by the United States, the State, a polit23 ical subdivision of the State, or any other par24 ties to preserve the open and undeveloped char25 acter of the land within the study area. 


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1 (b) REQUIREMENTS.—The Secretary shall conduct 

2 the study and develop the report under subsection (a) with 

3 the support and participation of one or more of the fol4 lowing State and local entities: 

5 (1) The Colorado Department of Natural Re6 sources. 

7 (2) Colorado State Forest Service. 

8 (3) Colorado State Conservation Board. 

9 (4) Great Outdoors Colorado. 

10 (5) Boulder, Jefferson, and Gilpin Counties, 

11 Colorado. 

12 (c) LIMITATION.—If the State and local entities spec13 ified in subsection (b) do not support and participate in 

14 the conduct of the study and the development of the report 

15 under this section, the Secretary may— 

16 (1) decrease the area covered by the study area, 

17 as appropriate; or 

18 (2)(A) opt not to conduct the study or develop 

19 the report; and 

20 (B) submit to the Committee on Energy and 

21 Natural Resources of the Senate and the Committee 

22 on Natural Resources of the House of Representa23 tives notice of the decision not to conduct the study 

24 or develop the report. 


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1 (d) EFFECT.—Nothing in this Act authorizes the 

2 Secretary to take any action that would affect the use of 

3 any land not owned by the United States. 

Æ 


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