(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 con-
strued 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 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 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, ex-
istence, access, maintenance, improvement, or con-
struction 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 acquisi-
tion of such lands by the United States by purchase or ex-
change.
(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 con-
sent 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 Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a report concerning any
agreement or the status of negotiations conducted pur-
suant 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 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 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.
(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 con-
sult 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 En-
ergy and Natural Resources and the Committee on Appro-
priations 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 con-
sultation 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 con-
necting 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 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 other-
wise 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 Clo-
sures’’, 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 manage-
ment 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 Sys-
tem and make recommendations to Congress regarding such
inclusion.
Union Calendar No. 191
107TH CONGRESS
1ST SESSION
H. R. 1576
[Report No. 107–316]
A BILL
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.
DECEMBER 5, 2001
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed