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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1576 Enrolled Bill (ENR)]

        H.R.1576

                      One Hundred Seventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two

                                 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 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.
            (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.
                (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.
        (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 ofthe 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/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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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