IB
Union Calendar No. 191
107TH CONGRESS
1ST SESSION
H. R. 1576
[Report No. 107–316]
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
DECEMBER 5, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 24, 2001]
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 Representa-
tives 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 Re-
sources 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 in-
cluded in the Colorado Wilderness Act of 1993 and the In-
dian Peaks Wilderness Area and Arapaho National Recre-
ation Area and the Oregon Islands Wilderness Area Act,
respectively, except that the Secretary may correct clerical
and typographical errors in the maps and boundary de-
scriptions. 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 in-
clude important resources and values, including
wildlife habitat, clean water, open space, and op-
portunities 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 sub-
ject to appropriate regulations.
(2) PURPOSE.—The purpose of this section is to
provide for management of certain lands in the Arap-
aho/Roosevelt National Forest in a manner consistent
with the 1997 Revised Land and Resources Manage-
ment Plan for this forest in order to protect the nat-
ural qualities of these areas.
(b) DESIGNATION.—The approximately 16,000 acres of
land in the Arapaho/Roosevelt National Forest generally de-
picted on the map entitled ‘‘Proposed James Peak Protec-
tion 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 in-
cluded 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/Roo-
sevelt 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 man-
ner as the management area prescription designations
identified for these lands in the 1997 Revision of the
Land and Resource Management Plan for the Arap-
aho/Roosevelt National Forest and the Pawnee Na-
tional Grasslands. Such management and adminis-
tration shall be in accordance with the following:
(A) GRAZING.—Nothing in this Act, includ-
ing 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 Pro-
tection 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 leas-
ing, 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 authoriza-
tions consistent with the other provisions of this
Act.
(C) MOTORIZED
AND
MECHANIZED
TRAV-
EL.—
(i) REVIEW
AND
INVENTORY.—Not
later than two years after the date of the en-
actment of this Act, the Secretary, in con-
sultation with interested parties, shall com-
plete a review and inventory of all roads
and trails in the Protection Area on which
use was allowed on September 10, 2001, ex-
cept those lands managed under the man-
agement prescription referred to in sub-
paragraph (F). During the review and in-
ventory, the Secretary may—
(I) connect existing roads and
trails in the inventoried area to other
existing roads and trails in the inven-
toried 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 Protec-
tion 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 sub-
section or subsection (e)(3).
(ii) AFTER
COMPLETION
OF
INVEN-
TORY.—After completion of the review and
inventory required by clause (i), the Sec-
retary 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 sub-
paragraph (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 re-
place 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 appro-
priate for reasonable access under section
4(b)(2).
(iv) A loop trail established pursuant
to section 6.
(v) Construction of a trail for non-
motorized use following the corridor des-
ignated as the Continental Divide Trail.
(E) TIMBER HARVESTING.—No timber har-
vesting 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 man-
agement prescription applicable to the lands de-
scribed 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 ac-
cess roads located within the Protection Area to the
extent necessary to operate the natural gas pipeline
permitted under the Arapaho/Roosevelt National For-
est master permit numbered 4138.01 in a manner
that avoids negative impacts on public safety and al-
lows for compliance with Federal pipeline safety re-
quirements. Such maintenance may include vegeta-
tion management, road maintenance, ground sta-
bilization, 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.