H. R. 1576—3
(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Area by the United States are withdrawn from—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 amend-
ments thereto.
Nothing in this subparagraph shall be construed to affect
discretionary authority of the Secretary under other Fed-
eral 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 inven-
tory, 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 mecha-
nized 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 man-
aged 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.
H. R. 1576—4
(iii) Roads determined to be appropriate for reason-
able 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 mainte-
nance, 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 protec-
tion area designation.
(D) Nothing in this Act shall be construed as limiting,
altering, modifying, or amending any of the interstate com-
pacts 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.
H. R. 1576—5
(3) 
WATER
INFRASTRUCTURE.—Nothing 
in 
this 
Act
(including the provisions related to establishment or manage-
ment of the Protection Area) shall affect, impede, interfere
with, or diminish the operation, existence, access, maintenance,
improvement, or construction of water facilities and infrastruc-
ture, rights-of-way, or other water-related property, interests,
and uses, (including the use of motorized vehicles and equip-
ment existing or located on lands within the Protection Area)
on any lands except those lands managed under the manage-
ment 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 condi-
tions 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 con-
sistent with applicable law and relevant and appropriate rules
and regulations governing such access.
(c) REPORT.—
(1) IN GENERAL.—The Secretary shall submit to the Com-
mittee 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
H. R. 1576—6
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 Representa-
tives 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 non-
motorized 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 amend-
ments 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
H. R. 1576—7
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 suffi-
ciently 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.