I 

111TH CONGRESS 

1ST SESSION H. R. 419 

To designate as wilderness certain land within the Rocky Mountain National 

Park and to adjust the boundaries of the Indian Peaks Wilderness 

and the Arapaho National Recreation Area of the Arapaho National 

Forest in the State of Colorado. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Ms. MARKEY of Colorado (for herself and Mr. POLIS of Colorado) introduced 

the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To designate as wilderness certain land within the Rocky 

Mountain National Park and to adjust the boundaries 

of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest 

in the State of Colorado. 

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 ‘‘Rocky Mountain Na5 tional Park Wilderness and Indian Peaks Wilderness Ex6 pansion Act’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to include in the National Wilderness Pres4 ervation System certain land within the Rocky 

5 Mountain National Park, Colorado, to protect— 

6 (A) the enduring scenic and historic wil7 derness character and unique wildlife values of 

8 the land; and 

9 (B) the scientific, educational, inspira10 tional, and recreational resources, values, and 

11 opportunities of the land; and 

12 (2) to adjust the boundaries of the Indian 

13 Peaks Wilderness and Arapaho National Recreation 

14 Area of the Arapaho National Forest. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) MAP.—The term ‘‘Map’’ means the map en18 titled ‘‘Rocky Mountain National Park, Colorado 

19 Wilderness Boundaries’’ and dated September 2006. 

20 (2) PARK.—The term ‘‘Park’’ means the Rocky 

21 Mountain National Park in the State. 

22 (3) POTENTIAL WILDERNESS LAND.—The term 

23 ‘‘potential wilderness land’’ means— 

24 (A) the land identified on the Map as po25 tential wilderness; and 


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1 (B) any land acquired by the United 

2 States on or after the date of enactment of this 

3 Act that is— 

4 (i) located within the boundaries of 

5 the Park; and 

6 (ii) contiguous with any land des7 ignated as wilderness by section 4(a). 

8 (4) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (5) STATE.—The term ‘‘State’’ means the State 

11 of Colorado. 

12 (6) TRAIL.—The term ‘‘Trail’’ means the East 

13 Shore Trail established under section 5(a). 

14 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

15 means the Rocky Mountain National Park Wilder16 ness designated by section 4(a). 

17 SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. 

18 (a) DESIGNATION.—In furtherance of the purposes of 

19 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des20 ignated as wilderness and as a component of the National 

21 Wilderness Preservation System approximately 249,339 

22 acres of land in the Park, as generally depicted on the 

23 Map, which shall be known as the ‘‘Rocky Mountain Na24 tional Park Wilderness’’. 

25 (b) MAP AND BOUNDARY DESCRIPTION.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary 

3 shall submit to the Committee on Resources of the 

4 House of Representatives and the Committee on En5 ergy and Natural Resources of the Senate a map 

6 and boundary description of the Wilderness. 

7 (2) AVAILABILITY.—The map and boundary de8 scription submitted under paragraph (1) shall be on 

9 file and available for public inspection in the Office 

10 of the Director of the National Park Service. 

11 (3) CORRECTIONS.—The Secretary may correct 

12 clerical and typographical errors in the map and 

13 boundary description submitted under paragraph 

14 (1). 

15 (4) EFFECT.—The map and boundary descrip16 tion submitted under paragraph (1) shall have the 

17 same force and effect as if included in this Act. 

18 (c) INCLUSION OF POTENTIAL WILDERNESS

19 LAND.— 

20 (1) IN GENERAL.—On publication in the Fed21 eral Register of a notice by the Secretary that all 

22 uses of a parcel of potential wilderness land incon23 sistent with the Wilderness Act (16 U.S.C. 1131 et 

24 seq.) have ceased, the parcel shall be— 

25 (A) included in the Wilderness; and 


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1 (B) managed in accordance with this sec2 tion. 

3 (2) MAP AND BOUNDARY DESCRIPTION.—The 

4 Secretary shall modify the map and boundary de5 scription prepared under subsection (b) to reflect the 

6 inclusion of the parcel in the Wilderness. 

7 (d) EXCLUSION OF CERTAIN LAND.—The boundaries 

8 of the Wilderness shall specifically exclude: 

9 (1) The Grand River Ditch (including the main 

10 canal of the Grand River Ditch and a branch of the 

11 main canal known as the ‘‘Specimen Ditch’’), the 

12 right-of-way for the Grand River Ditch, land 200 

13 feet on each side of the marginal limits of the Ditch, 

14 and any associated appurtenances, structures, build15 ings, camps, and work sites in existence as of June 

16 1, 1998. 

17 (2) Land owned by the St. Vrain & Left Hand 

18 Water Conservancy District, including Copeland 

19 Reservoir and the Inlet Ditch to the Reservoir from 

20 the North St. Vrain Creek, comprising approxi21 mately 35.38 acres. 

22 (3) Lands owned by the Wincentsen-Harms 

23 Trust, comprising approximately 2.75 acres. 


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1 (4) Land within the area depicted as the ‘‘East 

2 Shore Trail Area’’ on the map prepared under sub3 section (b)(1). 

4 (e) ADMINISTRATION.— 

5 (1) IN GENERAL.—Subject to valid existing 

6 rights, any land designated as wilderness under sub7 section (a) or added to the Wilderness after the date 

8 of enactment of this Act under subsection (c) shall 

9 be administered by the Secretary in accordance 

10 with— 

11 (A) the Wilderness Act (16 U.S.C. 1131 et 

12 seq.); and 

13 (B) this Act. 

14 (2) EFFECTIVE DATE OF WILDERNESS ACT.— 

15 With respect to the land designated as Wilderness 

16 by subsection (a) or added to the Wilderness after 

17 the date of enactment of this Act under subsection 

18 (c), any reference in the Wilderness Act (16 U.S.C. 

19 1131 et seq.) to the effective date of the Wilderness 

20 Act shall be deemed to be a reference to the date of 

21 enactment of this Act or the date of enactment of 

22 the Act adding the land to the Wilderness, respec23 tively. 

24 (3) WATER RIGHTS.— 

25 (A) FINDINGS.—Congress finds that— 


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1 (i) according to decisions of the State 

2 courts, the United States has existing 

3 rights to water within the Park; 

4 (ii) the existing water rights are suffi5 cient for the purposes of the Wilderness; 

6 and 

7 (iii) based on the findings described in 

8 clauses (i) and (ii), there is no need for the 

9 United States to reserve or appropriate 

10 any additional water rights to fulfill the 

11 purposes of the Wilderness. 

12 (B) NO RESERVATION OF WATER

13 RIGHTS.—Nothing in this Act or any action 

14 carried out pursuant to this Act shall constitute 

15 an express or implied reservation by the United 

16 States of water or water rights for any purpose. 

17 (4) GRAND RIVER DITCH.— 

18 (A) LIABILITY.—Notwithstanding any 

19 other provision of law, or any stipulation or ap20 plicable agreement, during any period in which 

21 the Water Supply and Storage Company (or 

22 any successor in interest to the Water Supply 

23 and Storage Company with respect to the 

24 Grand River Ditch) operates and maintains the 

25 portion of the Grand River Ditch within the 


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1 Park in compliance with an operations and 

2 maintenance agreement between the Water 

3 Supply and Storage Company and the National 

4 Park Service entered into on 

5 llllllllllll, no individual or 

6 entity who owns, controls, or operates the 

7 Grand River Ditch shall be liable for any re8 sponse costs or for any damages to, loss of, or 

9 injury to the resources of the Park resulting 

10 from any cause or event (including, but not lim11 ited to, water escaping from any part of the 

12 Grand River Ditch by overflow or as a result of 

13 a breach, failure, or partial failure of any por14 tion of the Grand River Ditch, including the 

15 portion of the ditch located outside the Park), 

16 unless the damages to, loss of, or injury to the 

17 resources are proximately caused by the neg18 ligence or an intentional act of the individual or 

19 entity. 

20 (B) LIMITATION.—Nothing in this section 

21 limits or otherwise affects any liability of any 

22 individual or entity for damages to, loss of, or 

23 injury to any resource of the Park resulting 

24 from any cause or event that occurred before 

25 the date of enactment of this Act. 


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1 (C) EXISTING ACTIVITIES.—Nothing in 

2 this Act, including the designation of the Wil3 derness under this section, shall restrict or oth4 erwise affect any activity (including an activity 

5 carried out in response to an emergency or cat6 astrophic event) on, under, or affecting the Wil7 derness or land excluded under subsection 

8 (d)(1) relating to the monitoring, operation, 

9 maintenance, repair, replacement, or use of the 

10 Grand River Ditch that was authorized or ap11 proved by the Secretary as of the date of enact12 ment of this Act. 

13 (D) NO EFFECT.—Notwithstanding any 

14 other provision of any previous or existing law, 

15 any stipulation, or any agreement, or interpre16 tation thereof, use of water transported by the 

17 Grand River Ditch for a main purpose or main 

18 purposes other than irrigation shall not termi19 nate or adversely affect the right-of-way of the 

20 Grand River Ditch, and such right-of-way shall 

21 not be deemed relinquished, forfeited, or lost, 

22 solely because such water is used for a main 

23 purpose or main purposes other than irrigation. 

24 (5) COLORADO-BIG THOMPSON PROJECT AND

25 WINDY GAP PROJECT.— 


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1 (A) EXISTING ACTIVITIES.—Activities (in2 cluding activities that are necessary because of 

3 emergencies or catastrophic events) on, under, 

4 or affecting the Wilderness relating to the mon5 itoring, operation, maintenance, repair, replace6 ment, or use of the Alva B. Adams Tunnel at 

7 its designed capacity and all other Colorado-Big 

8 Thompson Project facilities located within the 

9 Park that were allowed as of the date of enact10 ment of this Act under the Act of January 26, 

11 1915 (16 U.S.C. 191)— 

12 (i) shall be allowed to continue; and 

13 (ii) shall not be affected by the des14 ignation of the Wilderness under this sec15 tion. 

16 (B) EFFECT.—Nothing in this Act or the 

17 designation of the Wilderness shall prohibit or 

18 restrict the conveyance of any water through 

19 the Alva B. Adams Tunnel for any purpose. 

20 (C) NEW RECLAMATION PROJECTS.—Noth21 ing in the first section of the Act of January 

22 26, 1915 (16 U.S.C. 191), shall be construed to 

23 allow development in the Wilderness of any rec24 lamation project not in existence as of the date 

25 of enactment of this Act. 


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1 (6) NO BUFFER ZONE.— 

2 (A) IN GENERAL.—Nothing in this Act 

3 creates a protective perimeter or buffer zone 

4 around the Wilderness. 

5 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

6 The fact that a nonwilderness activity or use 

7 can be seen or heard from within the Wilder8 ness shall not preclude the conduct of the activ9 ity or use outside the boundary of the Wilder10 ness. 

11 (7) FIRE, INSECT, AND DISEASE CONTROL.—In 

12 accordance with section 4(d)(1) of the Wilderness 

13 Act (16 U.S.C. 1133(d)(1)), the Secretary may take 

14 such measures in the Wilderness as are necessary to 

15 control fire, insects, and diseases, including the use 

16 of mechanized tools, subject to such conditions as 

17 the Secretary determines to be desirable. 

18 (8) MANAGEMENT AUTHORITY.—Nothing in 

19 this Act shall be construed as reducing or restricting 

20 the authority of the Secretary to manage the lands 

21 and other resources within the Park pursuant to the 

22 Act of January 26, 1915 (16 U.S.C. 191), and other 

23 laws applicable to the Park as of the date of enact24 ment of this Act. 


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1 SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NA2 TIONAL PARK. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall establish 

5 within the East Shore Trail Area in Rocky Mountain Na6 tional Park an alignment line for a trail, to be known as 

7 the ‘‘East Shore Trail’’, to maximize the opportunity for 

8 sustained use of the Trail without causing— 

9 (1) harm to affected resources; or 

10 (2) conflicts among users. 

11 (b) BOUNDARIES.— 

12 (1) IN GENERAL.—After establishing the align13 ment line for the Trail under subsection (a), the 

14 Secretary shall— 

15 (A) identify the boundaries of the Trail, 

16 which shall not extend more than 25 feet east 

17 of the alignment line or be located within the 

18 wilderness area; and 

19 (B) modify the map of the Wilderness pre20 pared under section 4(b)(1) so that the western 

21 boundary of the Wilderness is 50 feet east of 

22 the alignment line. 

23 (2) ADJUSTMENTS.—To the extent necessary to 

24 protect National Park System resources, the Sec25 retary may adjust the boundaries of the Trail, if the 


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1 adjustment does not place any portion of the Trail 

2 within the boundary of the Wilderness. 

3 (c) INCLUSION IN WILDERNESS.—On completion of 

4 the construction of the Trail, as authorized by the Sec5 retary— 

6 (1) any portion of the East Shore Trail Area 

7 that is not traversed by the Trail, that is not west 

8 of the Trail, and that is not within 50 feet of the 

9 centerline of the Trail shall be— 

10 (A) included in the Wilderness; and 

11 (B) managed as part of the Wilderness in 

12 accordance with section 4; and 

13 (2) the Secretary shall modify the map and 

14 boundary description of the wilderness prepared 

15 under section 4(b)(1) to reflect the inclusion of the 

16 East Shore Trail Area land in the Wilderness. 

17 (d) EFFECT.—Nothing in this section— 

18 (1) requires the construction of the Trail along 

19 the alignment line established under subsection (a); 

20 or 

21 (2) limits the extent to which any otherwise ap22 plicable law or policy applies to any decision with re23 spect to the construction of the Trail. 

24 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 


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1 (1) IN GENERAL.—Except as provided in this 

2 subsection, nothing in this Act shall affect the man3 agement or use of any land not included within the 

4 boundaries of the Wilderness or the potential wilder5 ness land. 

6 (2) MOTORIZED VEHICLES AND MACHINERY.— 

7 No use of motorized vehicles or other motorized ma8 chinery that was not permitted on March 1, 2006, 

9 shall be allowed in the East Shore Trail Area except 

10 as the Secretary determines to be necessary for use 

11 in— 

12 (A) constructing the Trail, if the construc13 tion is authorized by the Secretary; or 

14 (B) maintaining the Trail. 

15 (3) MANAGEMENT OF LAND BEFORE INCLU16 SION.—Until the Secretary authorizes the construc17 tion of the Trail and the use of the Trail for non18 motorized bicycles, the East Shore Trail Area shall 

19 be managed— 

20 (A) to protect any wilderness characteris21 tics of the East Shore Trail Area; and 

22 (B) to maintain the suitability of the East 

23 Shore Trail Area for inclusion in the Wilder24 ness. 


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1 SEC. 6. INDIAN PEAKS WILDERNESS AND ARAPAHO NA2 TIONAL RECREATION AREA BOUNDARY AD3 JUSTMENT. 

4 (a) INDIAN PEAKS WILDERNESS BOUNDARY AD5 JUSTMENT.—Section 3(a) of the Indian Peaks Wilderness 

6 Area, the Arapaho National Recreation Area and the Or7 egon Islands Wilderness Area Act (16 U.S.C. 1132 note; 

8 Public Law 95–450) is amended— 

9 (1) by striking ‘‘seventy thousand acres’’ and 

10 inserting ‘‘74,195 acres’’; and 

11 (2) by striking ‘‘dated July 1978’’ and inserting 

12 ‘‘dated May 2007’’. 

13 (b) ARAPAHO NATIONAL RECREATION AREA BOUND14 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks 

15 Wilderness Area, the Arapaho National Recreation Area 

16 and the Oregon Islands Wilderness Area Act (16 U.S.C. 

17 460jj(a)) is amended— 

18 (1) by striking ‘‘thirty-six thousand two hun19 dred thirty-five acres’’ and inserting ‘‘35,235 acres’’; 

20 and 

21 (2) by striking ‘‘dated July 1978’’ and inserting 

22 ‘‘dated May 2007’’. 

23 SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. 

24 (a) IN GENERAL.—Section 3(k) of Public Law 91– 

25 383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land 

26 described in subsection (b). 


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1 (b) DESCRIPTION OF THE LAND.—The parcel of land 

2 referred to in subsection (a) is the parcel of land known 

3 as the ‘‘Leiffer tract’’ that is— 

4 (1) located near the eastern boundary of Rocky 

5 Mountain National Park in Larimer County, Colo6 rado; and 

7 (2) administered by the National Park Service. 

Æ 


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