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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1576 Introduced in House (IH)]

                                    

107th CONGRESS
  1st Session
                                H. R. 1576

   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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2001

Mr. Udall of Colorado introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
   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, Wilderness 
Study, 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) is amended by adding at the end the following new paragraph:
            ``(20) Certain lands in the Arapaho and Roosevelt National 
        Forests which comprise approximately 14,000 acres, as generally 
        depicted on a map entitled `Proposed James Peak Wilderness', 
        dated April 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) is amended by adding at the end the following new subsection:
    ``(c) The approximately 2,232 acres of Federal lands in the Arapaho 
National Forest generally depicted on the map entitled `Ranch Creek 
Addition to Indian Peaks Wilderness' dated April 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 
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 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 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.
                    (D) Some of these lands may also be suitable for 
                inclusion in the National Wilderness Preservation 
                System and should be managed so as to maintain 
                Congressional options in that regard.
            (2) Purpose.--The purpose of this section is to provide for 
        management of certain lands in the Arapaho and Roosevelt 
        National Forests in a manner consistent with the 1997 Revised 
        Land and Resources Management Plan for these forests in order 
        to protect the natural qualities of these areas while allowing 
        for appropriate uses and while also maintaining Congressional 
        options regarding possible future inclusion of some of the 
        lands in the National Wilderness Preservation System.
    (b) Designation.--The approximately 18,000 acres of land in the 
Arapaho and Roosevelt National Forests generally depicted on the map 
entitled ``Proposed James Peak Protection Area'', dated April 2001, are 
hereby designated as the James Peak Protection Area (hereafter in this 
section 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 of Agriculture 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 and Roosevelt 
National Forests.
    (d) Management.--
            (1) In general.--Except as otherwise provided in this 
        section, the Protection Area shall be managed and administered 
        by the Secretary of Agriculture 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 and Roosevelt National Forests and the 
        Pawnee National Grasslands.
            (2) 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.
            (3) Motorized and mechanized travel.--Not later than 3 
        years after the date of the enactment of this Act and after 
        consultation with the Grand County commissioners, the Secretary 
        of Agriculture shall ensure that motorized and mechanized 
        travel within the Protection Area in the State of Colorado, 
        shall be permitted only on those designated roads, trails, and 
        areas established by the Forest Supervisor of the Arapaho and 
        Roosevelt National Forests. Thereafter, such designations can 
        be revised following review and evaluation by the Forest 
        Service during revisions of the relevant forest plan, or 
        through amendments to such plan.
    (e) Wilderness Study.--
            (1) Study area.--In order to maintain the options of 
        Congress with regard to possible designation of such lands as 
        wilderness, the approximately 8,000 acres of Federal lands in 
        the portion of the Protection Area identified as ``Wilderness 
        Study Area Lands'' on the map referred to in subsection (c) 
        shall be managed by the Secretary of Agriculture so as to 
        maintain that area's presently existing wilderness character 
        and potential for inclusion in the National Wilderness 
        Preservation System.
            (2) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Secretary of Agriculture shall 
        report to Congress concerning the suitability or nonsuitability 
        of the lands identified in paragraph (1) for inclusion in the 
        National Wilderness Preservation System and such other 
        recommendations as the Secretary may wish to make regarding 
        management of such lands. The report required by this paragraph 
        shall include a determination as to whether, and if so to what 
        extent, the use of nonmotorized vehicles should be permitted on 
        the Rogers Pass Trail and any other portion of the lands 
        identified in paragraph (1).

SEC. 4. INHOLDINGS.

    (a) State Land Board Lands.--If the Colorado State Land Board 
informs the Secretary of Agriculture 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 of Agriculture 
        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 of Agriculture 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 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 and Roosevelt 
National Forests 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. 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 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 of Agriculture 
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 April 2001.
                                 <all>
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