II 

Calendar No. 790 

110TH CONGRESS 

2D SESSION S. 1380 

[Report No. 110–358] 

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 SENATE OF THE UNITED STATES 

MAY 14, 2007 

Mr. SALAZAR (for himself and Mr. ALLARD) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Rocky Mountain Na3 tional Park Wilderness and Indian Peaks Wilderness Ex4 pansion Act’’. 

5 SEC. 2. PURPOSES. 

6 The purposes of this Act are— 

7 (1) to include in the National Wilderness Pres8 ervation System certain land within the Rocky 

9 Mountain National Park, Colorado, to protect— 

10 (A) the enduring scenic and historic wil11 derness character and unique wildlife values of 

12 the land; and 

13 (B) the scientific, educational, inspira14 tional, and recreational resources, values, and 

15 opportunities of the land; and 

16 (2) to adjust the boundaries of the Indian 

17 Peaks Wilderness and Arapaho National Recreation 

18 Area of the Arapaho National Forest. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) MAP.—The term ‘‘Map’’ means the map en22 titled ‘‘Rocky Mountain National Park, Colorado 

23 Wilderness Boundaries’’ and dated September 2006. 

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

25 Mountain National Park in the State. 


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1 (3) POTENTIAL WILDERNESS LAND.—The term 

2 ‘‘potential wilderness land’’ means— 

3 (A) the land identified on the Map as po4 tential wilderness; and 

5 (B) any land acquired by the United 

6 States on or after the date of enactment of this 

7 Act that is— 

8 (i) located within the boundaries of 

9 the Park; and 

10 (ii) contiguous with any land des11 ignated as wilderness by section 4(a). 

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

13 the Secretary of the Interior. 

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

15 of Colorado. 

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

17 Shore Trail established under section 5(a). 

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

19 means the Rocky Mountain National Park Wilder20 ness designated by section 4(a). 

21 SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. 

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

23 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des24 ignated as wilderness and as a component of the National 

25 Wilderness Preservation System approximately 249,339 


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

2 Map, which shall be known as the ‘‘Rocky Mountain Na3 tional Park Wilderness’’. 

4 (b) MAP AND BOUNDARY DESCRIPTION.— 

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

6 the date of enactment of this Act, the Secretary 

7 shall submit to the Committee on Resources of the 

8 House of Representatives and the Committee on En9 ergy and Natural Resources of the Senate a map 

10 and boundary description of the Wilderness. 

11 (2) AVAILABILITY.—The map and boundary de12 scription submitted under paragraph (1) shall be on 

13 file and available for public inspection in the Office 

14 of the Director of the National Park Service. 

15 (3) CORRECTIONS.—The Secretary may correct 

16 clerical and typographical errors in the map and 

17 boundary description submitted under paragraph 

18 (1). 

19 (4) EFFECT.—The map and boundary descrip20 tion submitted under paragraph (1) shall have the 

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

22 (c) INCLUSION OF POTENTIAL WILDERNESS

23 LAND.— 

24 (1) IN GENERAL.—On publication in the Fed25 eral Register of a notice by the Secretary that all 


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1 uses of a parcel of potential wilderness land incon2 sistent with the Wilderness Act (16 U.S.C. 1131 et 

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

4 (A) included in the Wilderness; and 

5 (B) managed in accordance with this sec6 tion. 

7 (2) MAP AND BOUNDARY DESCRIPTION.—The 

8 Secretary shall modify the map and boundary de9 scription prepared under subsection (b) to reflect the 

10 inclusion of the parcel in the Wilderness. 

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

12 of the Wilderness shall specifically exclude: 

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

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

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

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

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

18 and any associated appurtenances, structures, build19 ings, camps, and work sites in existence as of June 

20 1, 1998. 

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

22 Water Conservancy District, including Copeland 

23 Reservoir and the Inlet Ditch to the Reservoir from 

24 the North St. Vrain Creek, comprising approxi25 mately 35.38 acres. 


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1 (3) Lands owned by the Wincentsen-Harms 

2 Trust, comprising approximately 2.75 acres. 

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

4 Shore Trail Area’’ on the map prepared under sub5 section (b)(1). 

6 (e) ADMINISTRATION.— 

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

8 rights, any land designated as wilderness under sub9 section (a) or added to the Wilderness after the date 

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

11 be administered by the Secretary in accordance 

12 with— 

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

14 seq.); and 

15 (B) this Act. 

16 (2) EFFECTIVE DATE OF WILDERNESS ACT.— 

17 With respect to the land designated as Wilderness 

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

19 the date of enactment of this Act under subsection 

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

21 1131 et seq.) to the effective date of the Wilderness 

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

23 enactment of this Act or the date of enactment of 

24 the Act adding the land to the Wilderness, respec25 tively. 


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1 (3) WATER RIGHTS.— 

2 (A) FINDINGS.—Congress finds that— 

3 (i) according to decisions of the State 

4 courts, the United States has existing 

5 rights to water within the Park; 

6 (ii) the existing water rights are suffi7 cient for the purposes of the Wilderness; 

8 and 

9 (iii) based on the findings described in 

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

11 United States to reserve or appropriate 

12 any additional water rights to fulfill the 

13 purposes of the Wilderness. 

14 (B) NO RESERVATION OF WATER

15 RIGHTS.—Nothing in this Act or any action 

16 carried out pursuant to this Act shall constitute 

17 an express or implied reservation by the United 

18 States of water or water rights for any purpose. 

19 (4) GRAND RIVER DITCH.— 

20 (A) LIABILITY.—Notwithstanding any 

21 other provision of law, or any stipulation or ap22 plicable agreement, during any period in which 

23 the Water Supply and Storage Company (or 

24 any successor in interest to the Water Supply 

25 and Storage Company with respect to the 


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1 Grand River Ditch) operates and maintains the 

2 portion of the Grand River Ditch within the 

3 Park in compliance with an operations and 

4 maintenance agreement between the Water 

5 Supply and Storage Company and the National 

6 Park Service entered into on 

7 llllllllllll, no individual or 

8 entity who owns, controls, or operates the 

9 Grand River Ditch shall be liable for any re10 sponse costs or for any damages to, loss of, or 

11 injury to the resources of the Park resulting 

12 from any cause or event (including, but not lim13 ited to, water escaping from any part of the 

14 Grand River Ditch by overflow or as a result of 

15 a breach, failure, or partial failure of any por16 tion of the Grand River Ditch, including the 

17 portion of the ditch located outside the Park), 

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

19 resources are proximately caused by the neg20 ligence or an intentional act of the individual or 

21 entity. 

22 (B) LIMITATION.—Nothing in this section 

23 limits or otherwise affects any liability of any 

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

25 injury to any resource of the Park resulting 


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1 from any cause or event that occurred before 

2 the date of enactment of this Act. 

3 (C) EXISTING ACTIVITIES.—Nothing in 

4 this Act, including the designation of the Wil5 derness under this section, shall restrict or oth6 erwise affect any activity (including an activity 

7 carried out in response to an emergency or cat8 astrophic event) on, under, or affecting the Wil9 derness or land excluded under subsection 

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

11 maintenance, repair, replacement, or use of the 

12 Grand River Ditch that was authorized or ap13 proved by the Secretary as of the date of enact14 ment of this Act. 

15 (D) NO EFFECT.—Notwithstanding any 

16 other provision of any previous or existing law, 

17 any stipulation, or any agreement, or interpre18 tation thereof, use of water transported by the 

19 Grand River Ditch for a main purpose or main 

20 purposes other than irrigation shall not termi21 nate or adversely affect the right-of-way of the 

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

23 not be deemed relinquished, forfeited, or lost, 

24 solely because such water is used for a main 

25 purpose or main purposes other than irrigation. 


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1 (5) COLORADO-BIG THOMPSON PROJECT AND

2 WINDY GAP PROJECT.— 

3 (A) EXISTING ACTIVITIES.—Activities (in4 cluding activities that are necessary because of 

5 emergencies or catastrophic events) on, under, 

6 or affecting the Wilderness relating to the mon7 itoring, operation, maintenance, repair, replace8 ment, or use of the Alva B. Adams Tunnel at 

9 its designed capacity and all other Colorado-Big 

10 Thompson Project facilities located within the 

11 Park that were allowed as of the date of enact12 ment of this Act under the Act of January 26, 

13 1915 (16 U.S.C. 191)— 

14 (i) shall be allowed to continue; and 

15 (ii) shall not be affected by the des16 ignation of the Wilderness under this sec17 tion. 

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

19 designation of the Wilderness shall prohibit or 

20 restrict the conveyance of any water through 

21 the Alva B. Adams Tunnel for any purpose. 

22 (C) NEW RECLAMATION PROJECTS.—Noth23 ing in the first section of the Act of January 

24 26, 1915 (16 U.S.C. 191), shall be construed to 

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1 lamation project not in existence as of the date 

2 of enactment of this Act. 

3 (6) NO BUFFER ZONE.— 

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

5 creates a protective perimeter or buffer zone 

6 around the Wilderness. 

7 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

8 The fact that a nonwilderness activity or use 

9 can be seen or heard from within the Wilder10 ness shall not preclude the conduct of the activ11 ity or use outside the boundary of the Wilder12 ness. 

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

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

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

16 such measures in the Wilderness as are necessary to 

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

18 of mechanized tools, subject to such conditions as 

19 the Secretary determines to be desirable. 

20 (8) MANAGEMENT AUTHORITY.—Nothing in 

21 this Act shall be construed as reducing or restricting 

22 the authority of the Secretary to manage the lands 

23 and other resources within the Park pursuant to the 

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


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1 laws applicable to the Park as of the date of enact2 ment of this Act. 

3 SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NA4 TIONAL PARK. 

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

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

7 within the East Shore Trail Area in Rocky Mountain Na8 tional Park an alignment line for a trail, to be known as 

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

10 sustained use of the Trail without causing— 

11 (1) harm to affected resources; or 

12 (2) conflicts among users. 

13 (b) BOUNDARIES.— 

14 (1) IN GENERAL.—After establishing the align15 ment line for the Trail under subsection (a), the 

16 Secretary shall— 

17 (A) identify the boundaries of the Trail, 

18 which shall not extend more than 25 feet east 

19 of the alignment line or be located within the 

20 wilderness area; and 

21 (B) modify the map of the Wilderness pre22 pared under section 4(b)(1) so that the western 

23 boundary of the Wilderness is 50 feet east of 

24 the alignment line. 


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

2 protect National Park System resources, the Sec3 retary may adjust the boundaries of the Trail, if the 

4 adjustment does not place any portion of the Trail 

5 within the boundary of the Wilderness. 

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

7 the construction of the Trail, as authorized by the Sec8 retary— 

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

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

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

12 centerline of the Trail shall be— 

13 (A) included in the Wilderness; and 

14 (B) managed as part of the Wilderness in 

15 accordance with section 4; and 

16 (2) the Secretary shall modify the map and 

17 boundary description of the wilderness prepared 

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

19 East Shore Trail Area land in the Wilderness. 

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

21 (1) requires the construction of the Trail along 

22 the alignment line established under subsection (a); 

23 or 


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1 (2) limits the extent to which any otherwise ap2 plicable law or policy applies to any decision with re3 spect to the construction of the Trail. 

4 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 

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

6 subsection, nothing in this Act shall affect the man7 agement or use of any land not included within the 

8 boundaries of the Wilderness or the potential wilder9 ness land. 

10 (2) MOTORIZED VEHICLES AND MACHINERY.— 

11 No use of motorized vehicles or other motorized ma12 chinery that was not permitted on March 1, 2006, 

13 shall be allowed in the East Shore Trail Area except 

14 as the Secretary determines to be necessary for use 

15 in— 

16 (A) constructing the Trail, if the construc17 tion is authorized by the Secretary; or 

18 (B) maintaining the Trail. 

19 (3) MANAGEMENT OF LAND BEFORE INCLU20 SION.—Until the Secretary authorizes the construc21 tion of the Trail and the use of the Trail for non22 motorized bicycles, the East Shore Trail Area shall 

23 be managed— 

24 (A) to protect any wilderness characteris25 tics of the East Shore Trail Area; and 


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1 (B) to maintain the suitability of the East 

2 Shore Trail Area for inclusion in the Wilder3 ness. 

4 SEC. 6. INDIAN PEAKS WILDERNESS AND ARAPAHO NA5 TIONAL RECREATION AREA BOUNDARY AD6 JUSTMENT. 

7 (a) INDIAN PEAKS WILDERNESS BOUNDARY AD8 JUSTMENT.—Section 3(a) of the Indian Peaks Wilderness 

9 Area, the Arapaho National Recreation Area and the Or10 egon Islands Wilderness Area Act (16 U.S.C. 1132 note; 

11 Public Law 95–450) is amended— 

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

13 inserting ‘‘74,195 acres’’; and 

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

15 ‘‘dated May 2007’’. 

16 (b) ARAPAHO NATIONAL RECREATION AREA BOUND17 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks 

18 Wilderness Area, the Arapaho National Recreation Area 

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

20 460jj(a)) is amended— 

21 (1) by striking ‘‘thirty-six thousand two hun22 dred thirty-five acres’’ and inserting ‘‘35,235 acres’’; 

23 and 

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

25 ‘‘dated May 2007’’. 


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1 SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. 

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

3 383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land 

4 described in subsection (b). 

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

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

7 as the ‘‘Leiffer tract’’ that is— 

8 (1) located near the eastern boundary of Rocky 

9 Mountain National Park in Larimer County, Colo10 rado; and 

11 (2) administered by the National Park Service. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Rocky Mountain Na14 tional Park Wilderness and Indian Peaks Wilderness Ex15 pansion Act’’. 

16 SEC. 2. DEFINITIONS. 

17 In this Act: 

18 (1) MAP.—The term ‘‘map’’ means the map enti19 tled ‘‘Rocky Mountain National Park Wilderness Act 

20 of 2007’’ and dated September 2006. 

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

22 Mountain National Park located in the State of Colo23 rado. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (4) TRAIL.—The term ‘‘Trail’’ means the East 

2 Shore Trail established under section 5(a). 

3 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

4 means the wilderness designated by section 3(a). 

5 SEC. 3. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. 

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

7 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des8 ignated as wilderness and as a component of the National 

9 Wilderness Preservation System approximately 249,339 

10 acres of land in the Park, as generally depicted on the map. 

11 (b) MAP AND BOUNDARY DESCRIPTION.— 

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

13 the date of enactment of this Act, the Secretary 

14 shall— 

15 (A) prepare a map and boundary descrip16 tion of the Wilderness; and 

17 (B) submit the map and boundary descrip18 tion prepared under subparagraph (A) to the 

19 Committee on Energy and Natural Resources of 

20 the Senate and the Committee on Natural Re21 sources of the House of Representatives. 

22 (2) AVAILABILITY; FORCE OF LAW.—The map 

23 and boundary description submitted under paragraph 

24 (1)(B) shall— 


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1 (A) be on file and available for public in2 spection in appropriate offices of the National 

3 Park Service; and 

4 (B) have the same force and effect as if in5 cluded in this Act. 

6 (c) INCLUSION OF POTENTIAL WILDERNESS.— 

7 (1) IN GENERAL.—On publication in the Federal 

8 Register of a notice by the Secretary that all uses in9 consistent with the Wilderness Act (16 U.S.C. 1131 et 

10 seq.) have ceased on the land identified on the map 

11 as a ‘‘Potential Wilderness Area’’, the land shall be— 

12 (A) included in the Wilderness; and 

13 (B) administered in accordance with sub14 section (e). 

15 (2) BOUNDARY DESCRIPTION.—On inclusion in 

16 the Wilderness of the land referred to in paragraph 

17 (1), the Secretary shall modify the map and boundary 

18 description submitted under subsection (b) to reflect 

19 the inclusion of the land. 

20 (d) EXCLUSION OF CERTAIN LAND.—The following 

21 areas are specifically excluded from the Wilderness: 

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

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

24 main canal known as the Specimen Ditch), the right25 of-way for the Grand River Ditch, land 200 feet on 


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1 each side of the center line of the Grand River Ditch, 

2 and any associated appurtenances, structures, build3 ings, camps, and work sites in existence as of June 

4 1, 1998. 

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

6 Water Conservancy District, including Copeland Res7 ervoir and the Inlet Ditch to the Reservoir from North 

8 St. Vrain Creek, comprising approximately 35.38 

9 acres. 

10 (3) Land owned by the Wincenstsen-Harms 

11 Trust, comprising approximately 2.75 acres. 

12 (4) Land within the area depicted on the map 

13 as the ‘‘East Shore Trail Area’’. 

14 (e) ADMINISTRATION.—Subject to valid existing rights, 

15 any land designated as wilderness under this section or 

16 added to the Wilderness after the date of enactment of this 

17 Act under subsection (c) shall be administered by the Sec18 retary in accordance with this Act and the Wilderness Act 

19 (16 U.S.C. 1131 et seq.), except that— 

20 (1) any reference in the Wilderness Act (16 

21 U.S.C. 1131 et seq.) to the effective date of that Act 

22 shall be considered to be a reference to the date of en23 actment of this Act, or the date on which the addi24 tional land is added to the Wilderness, respectively; 

25 and 


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1 (2) any reference in the Wilderness Act (16 

2 U.S.C. 1131 et seq.) to the Secretary of Agriculture 

3 shall be considered to be a reference to the Secretary. 

4 (f) WATER RIGHTS.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) the United States has existing rights to 

7 water within the Park; 

8 (B) the existing water rights are sufficient 

9 for the purposes of the Wilderness; and 

10 (C) based on the findings described in para11 graphs (A) and (B), there is no need for the 

12 United States to reserve or appropriate any ad13 ditional water rights to fulfill the purposes of the 

14 Wilderness. 

15 (2) EFFECT.—Nothing in this Act— 

16 (A) constitutes an express or implied res17 ervation by the United States of water or water 

18 rights for any purpose; or 

19 (B) modifies or otherwise affects any exist20 ing water rights held by the United States for 

21 the Park. 

22 (g) FIRE, INSECT, AND DISEASE CONTROL.—The Sec23 retary may take such measures in the Wilderness as are 

24 necessary to control fire, insects, and diseases, as are pro25 vided for in accordance with— 


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1 (1) the laws applicable to the Park; and 

2 (2) the Wilderness Act (16 U.S.C. 1131 et seq.). 

3 SEC. 4. GRAND RIVER DITCH AND COLORADO-BIG THOMP4 SON PROJECTS. 

5 (a) CONDITIONAL WAIVER OF STRICT LIABILITY.— 

6 During any period in which the Water Supply and Storage 

7 Company (or any successor in interest to the company with 

8 respect to the Grand River Ditch) operates and maintains 

9 the portion of the Grand River Ditch in the Park in compli10 ance with an operations and maintenance agreement be11 tween the Water Supply and Storage Company and the Na12 tional Park Service, the provisions of paragraph (6) of the 

13 stipulation approved June 28, 1907— 

14 (1) shall be suspended; and 

15 (2) shall not be enforceable against the Company 

16 (or any successor in interest). 

17 (b) AGREEMENT.—The agreement referred to in sub18 section (a) shall— 

19 (1) ensure that— 

20 (A) Park resources are managed in accord21 ance with the laws generally applicable to the 

22 Park, including— 

23 (i) the Act of January 26, 1915 (16 

24 U.S.C. 191 et seq.); and 


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1 (ii) the National Park Service Organic 

2 Act (16 U.S.C. 1 et seq.); 

3 (B) Park land outside the right-of-way cor4 ridor remains unimpaired consistent with the 

5 National Park Service management policies in 

6 effect as of the date of enactment of this Act; and 

7 (C) any use of Park land outside the right8 of-way corridor (as of the date of enactment of 

9 this Act) shall be permitted only on a temporary 

10 basis, subject to such terms and conditions as the 

11 Secretary determines to be necessary; and 

12 (2) include stipulations with respect to— 

13 (A) flow monitoring and early warning 

14 measures; 

15 (B) annual and periodic inspections; 

16 (C) an annual maintenance plan; 

17 (D) measures to identify on an annual 

18 basis capital improvement needs; and 

19 (E) the development of plans to address the 

20 needs identified under subparagraph (D). 

21 (c) LIMITATION.—Nothing in this section limits or oth22 erwise affects— 

23 (1) the liability of any individual or entity for 

24 damages to, loss of, or injury to any resource within 


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1 the Park resulting from any cause or event that oc2 curred before the date of enactment of this Act; or 

3 (2) Public Law 101–337 (16 U.S.C. 19jj et seq), 

4 including the defenses available under that Act for 

5 damage caused— 

6 (A) solely by— 

7 (i) an act of God; 

8 (ii) an act of war; or 

9 (iii) an act or omission of a third 

10 party (other than an employee or agent); or 

11 (B) by an activity authorized by Federal or 

12 State law. 

13 (d) COLORADO-BIG THOMPSON PROJECT AND WINDY

14 GAP PROJECT.— 

15 (1) IN GENERAL.—Nothing in this Act, including 

16 the designation of the Wilderness, prohibits or affects 

17 current and future operation and maintenance activi18 ties in, under, or affecting the Wilderness that were 

19 allowed as of the date of enactment of this Act under 

20 the Act of January 26, 1915 (16 U.S.C. 191), relating 

21 to the Alva B. Adams Tunnel or other Colorado-Big 

22 Thompson Project facilities located within the Park. 

23 (2) ALVA B. ADAMS TUNNEL.—Nothing in this 

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1 hibits or restricts the conveyance of water through the 

2 Alva B. Adams Tunnel for any purpose. 

3 (e) RIGHT-OF-WAY.—Use of water transported by the 

4 Grand River Ditch for 1 or more purposes other than irri5 gation shall not terminate or adversely affect the right-of6 way of the Grand River Ditch if the Secretary determines 

7 that the change in purpose or use does not adversely affect 

8 the Park. 

9 (f) NEW RECLAMATION PROJECTS.—Nothing in the 

10 first section of the Act of January 26, 1915 (16 U.S.C. 191), 

11 shall be construed to allow development in the Wilderness 

12 of any reclamation project not in existence as of the date 

13 of enactment of this Act. 

14 (g) CLARIFICATION OF MANAGEMENT AUTHORITY.— 

15 Nothing in this section reduces or limits the authority of 

16 the Secretary to manage land and resources within the Park 

17 under applicable law. 

18 SEC. 5. EAST SHORE TRAIL AREA. 

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

20 of enactment of this Act, the Secretary shall establish within 

21 the East Shore Trail Area in the Park an alignment line 

22 for a trail, to be known as the ‘‘East Shore Trail’’, to maxi23 mize the opportunity for sustained use of the Trail without 

24 causing— 

25 (1) harm to affected resources; or 


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1 (2) conflicts among users. 

2 (b) BOUNDARIES.— 

3 (1) IN GENERAL.—After establishing the align4 ment line for the Trail under subsection (a), the Sec5 retary shall— 

6 (A) identify the boundaries of the Trail, 

7 which shall not extend more than 25 feet east of 

8 the alignment line or be located within the Wil9 derness; and 

10 (B) modify the map of the Wilderness pre11 pared under section 3(b)(1)(A) so that the west12 ern boundary of the Wilderness is 50 feet east of 

13 the alignment line. 

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

15 protect Park resources, the Secretary may adjust the 

16 boundaries of the Trail, if the adjustment does not 

17 place any portion of the Trail within the boundary 

18 of the Wilderness. 

19 (c) INCLUSION IN WILDERNESS.—On completion of the 

20 construction of the Trail, as authorized by the Secretary— 

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

22 that is not traversed by the Trail, that is not west of 

23 the Trail, and that is not within 50 feet of the center24 line of the Trail shall be— 

25 (A) included in the Wilderness; and 


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1 (B) managed as part of the Wilderness in 

2 accordance with section 3; and 

3 (2) the Secretary shall modify the map and 

4 boundary description of the Wilderness prepared 

5 under section 3(b)(1)(A) to reflect the inclusion of the 

6 East Shore Trail Area land in the Wilderness. 

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

8 (1) requires the construction of the Trail along 

9 the alignment line established under subsection (a); or 

10 (2) limits the extent to which any otherwise ap11 plicable law or policy applies to any decision with re12 spect to the construction of the Trail. 

13 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 

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

15 subsection, nothing in this Act affects the manage16 ment or use of any land not included within the 

17 boundaries of the Wilderness or the potential wilder18 ness land. 

19 (2) MOTORIZED VEHICLES AND MACHINERY.—No 

20 use of motorized vehicles or other motorized machin21 ery that was not permitted on March 1, 2006, shall 

22 be allowed in the East Shore Trail Area except as the 

23 Secretary determines to be necessary for use in— 

24 (A) constructing the Trail, if the construc25 tion is authorized by the Secretary; or 


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1 (B) maintaining the Trail. 

2 (3) MANAGEMENT OF LAND BEFORE INCLU3 SION.—Until the Secretary authorizes the construc4 tion of the Trail and the use of the Trail for non-mo5 torized bicycles, the East Shore Trail Area shall be 

6 managed— 

7 (A) to protect any wilderness characteristics 

8 of the East Shore Trail Area; and 

9 (B) to maintain the suitability of the East 

10 Shore Trail Area for inclusion in the Wilderness. 

11 SEC. 6. NATIONAL FOREST AREA BOUNDARY ADJUST12 MENTS. 

13 (a) INDIAN PEAKS WILDERNESS BOUNDARY ADJUST14 MENT.—Section 3(a) of the Indian Peaks Wilderness Area, 

15 the Arapaho National Recreation Area and the Oregon Is16 lands Wilderness Area Act (16 U.S.C. 1132 note; Public 

17 Law 95–450) is amended— 

18 (1) by striking ‘‘seventy thousand acres’’ and in19 serting ‘‘74,195 acres’’; and 

20 (2) by striking ‘‘, dated July 1978’’ and insert21 ing ‘‘and dated May 2007’’. 

22 (b) ARAPAHO NATIONAL RECREATION AREA BOUND23 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks Wil24 derness Area, the Arapaho National Recreation Area and 


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

2 460jj(a)) is amended— 

3 (1) by striking ‘‘thirty-six thousand two hundred 

4 thirty-five acres’’ and inserting ‘‘35,235 acres’’; and 

5 (2) by striking ‘‘, dated July 1978’’ and insert6 ing ‘‘and dated May 2007’’. 

7 SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. 

8 (a) IN GENERAL.—Section 3(k) of Public Law 91–383 

9 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land de10 scribed in subsection (b). 

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

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

13 as the ‘‘Leiffer tract’’ that is— 

14 (1) located near the eastern boundary of the Park 

15 in Larimer County, Colorado; and 

16 (2) administered by the National Park Service. 


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Calendar No. 790 

110TH CONGRESS 

2D SESSION S. 1380 

[Report No. 110

–358] 

A BILL 

To designate as wilderness certain land within the 

rado. Arapaho National Forest in the State of Colothe Arapaho National Recreation Area of the boundaries of the Indian Peaks Wilderness and Rocky Mountain National Park and to adjust the 

JUNE 16, 2008 

Reported with an amendment 


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