IIB
Calendar No. 477
107TH CONGRESS
2D SESSION
H. R. 1576
[Report No. 107–200]
IN THE SENATE OF THE UNITED STATES
DECEMBER 12, 2001
Received; read twice and referred to the Committee on Energy and Natural
Resources
JUNE 28, 2002
Reported by Mr. BINGAMAN, without amendment
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘James Peak Wilder-
ness and Protection Area Act’’.
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SEC. 2. WILDERNESS DESIGNATION.
(a) INCLUSION WITH OTHER COLORADO WILDER-
NESS 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 enti-
tled ‘Proposed James Peak Wilderness’, dated Sep-
tember 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 de-
picted on the map entitled ‘Ranch Creek Addition to In-
dian 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 de-
picted on the map entitled ‘Fourth of July Addition to
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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 Com-
mittee 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 Arap-
aho National Recreation Area and the Oregon Islands Wil-
derness Area Act, respectively, except that the Secretary
may correct clerical and typographical errors in the maps
and boundary descriptions. The maps and boundary de-
scriptions shall be on file and available for public inspec-
tion in the office of the Chief of the Forest Service, De-
partment 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.—
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(1) FINDINGS.—The Congress finds the fol-
lowing:
(A) The lands covered by this section in-
clude 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 non-
motorized 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
Arapaho/Roosevelt National Forest in a manner con-
sistent 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 gen-
erally depicted on the map entitled ‘‘Proposed James Peak
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the Pawnee National Grasslands. Such management
and administration shall be in accordance with the
following:
(A) GRAZING.—Nothing in this Act, in-
cluding 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 leas-
ing, mineral materials, and geothermal
leasing laws, and all amendments thereto.
Nothing in this subparagraph shall be con-
strued 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 provi-
sions of this Act.
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(C) MOTORIZED AND MECHANIZED TRAV-
EL.—
(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 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
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the Secretary determines to be unde-
sirable, except those roads or trails
managed pursuant to paragraph (2)
of this subsection 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
subparagraph (D).
(D) NEW
ROADS
AND
TRAILS.—No new
roads or trails shall be established within the
Protection Area except those which the Sec-
retary shall establish as follows:
(i) Roads and trails established to re-
place roads or trails of the same character
and scope which have become nonservice-
able through reasons other than neglect.
(ii) Nonpermanent roads as needed
for hazardous fuels reduction or other con-
trol of fire, insect or disease control
projects, or other management purposes.
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(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
harvesting shall be allowed within the Protec-
tion Area except to the extent needed for haz-
ardous 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).
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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
Forest master permit numbered 4138.01 in a man-
ner that avoids negative impacts on public safety
and allows for compliance with Federal pipeline safe-
ty 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 Pro-
tection 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.
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(B) Nothing in this Act shall affect any
conditional or absolute water rights in the State
of Colorado existing on the date of the enact-
ment of this Act.
(C) Nothing in this subsection shall be
construed as establishing a precedent with re-
gard 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 ap-
portionment 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 require-
ments 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 establish-
ment or management of the Protection Area) shall
affect, impede, interfere with, or diminish the oper-
ation, existence, access, maintenance, improvement,
or construction of water facilities and infrastructure,
rights-of-way, or other water-related property, inter-
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ests, and uses, (including the use of motorized vehi-
cles and equipment existing or located on lands with-
in 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 Protec-
tion 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 pur-
chase 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 acquir-
ing 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
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Area, including any right to reasonable access to
such lands by motorized or other means as deter-
mined by the Forest Service and the landowner con-
sistent with applicable law and relevant and appro-
priate rules and regulations governing such access.
(c) REPORT.—
(1) IN GENERAL.—The Secretary shall submit
to the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a report concerning
any agreement or the status of negotiations con-
ducted 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 re-
quired by this subsection shall indicate to what ex-
tent funds are available to the Secretary as of the
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date of the report for the acquisition of the relevant
lands and whether additional funds need to be ap-
propriated or otherwise made available to the Sec-
retary 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 enact-
ment of this Act shall be added to the James Peak Wilder-
ness or the Protection Area, respectively, and managed ac-
cordingly.
SEC. 5. JAMES PEAK FALL RIVER TRAILHEAD.
(a) SERVICES AND FACILITIES.—Following the con-
sultation 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 Super-
visor’’) shall establish a trailhead and corresponding facili-
ties 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 in-
clude the following:
(1) Trailhead parking.
(2) Public restroom accommodations.
(3) Trailhead and trail maintenance.
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(b) PERSONNEL.—The Forest Supervisor shall assign
Forest Service personnel to provide appropriate manage-
ment 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 sub-
section (c), the Forest Supervisor shall submit to the Com-
mittee on Resources and the Committee on Appropriations
of the House of Representatives and the Committee on
Energy and Natural Resources and the Committee on Ap-
propriations of the Senate a report regarding the amount
of any additional funding required to implement this sec-
tion.
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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, con-
sistent 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 re-
quired 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 cre-
ate 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.
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(b) ROLLINS PASS ROAD.—If requested by one or
more of the Colorado Counties of Grand, Gilpin, and Boul-
der, 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 connec-
tion with the first revision of the land and resources man-
agement 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 Pres-
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ervation System and make recommendations to Congress
regarding such inclusion.
Passed the House of Representatives December 11,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 477
107TH CONGRESS
2D SESSION
H. R. 1576
[Report No. 107–200]
AN ACT
To designate the James Peak Wilderness and Pro-
tection Area in the Arapaho and Roosevelt Na-
tional Forests in the State of Colorado, and for
other purposes.
JUNE 28, 2002
Reported without amendment