I 
110TH CONGRESS 
1ST SESSION H. R. 2334 
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 HOUSE OF REPRESENTATIVES 
MAY 15, 2007 
Mr. UDALL of Colorado (for himself and Mrs. MUSGRAVE) introduced the 
following bill; which was referred to the Committee on Natural Resources 
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 Na-
tional Recreation Area of the Arapaho National Forest 
in the State of Colorado. 
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 ‘‘Rocky Mountain Na-
tional Park Wilderness and Indian Peaks Wilderness Ex-
pansion Act’’. 
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SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to include in the National Wilderness Pres-
ervation System certain land within the Rocky 
Mountain National Park, Colorado, to protect— 
(A) the enduring scenic and historic wil-
derness character and unique wildlife values of 
the land; and 
(B) the scientific, educational, inspira-
tional, and recreational resources, values, and 
opportunities of the land; and 
(2) to adjust the boundaries of the Indian 
Peaks Wilderness and Arapaho National Recreation 
Area of the Arapaho National Forest. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Rocky Mountain National Park, Colorado 
Wilderness Boundaries’’ and dated September 2006. 
(2) PARK.—The term ‘‘Park’’ means the Rocky 
Mountain National Park in the State. 
(3) POTENTIAL WILDERNESS LAND.—The term 
‘‘potential wilderness land’’ means— 
(A) the land identified on the Map as po-
tential wilderness; and 
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(B) any land acquired by the United 
States on or after the date of enactment of this 
Act that is— 
(i) located within the boundaries of 
the Park; and 
(ii) contiguous with any land des-
ignated as wilderness by section 4(a). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
(6) TRAIL.—The term ‘‘Trail’’ means the East 
Shore Trail established under section 5(a). 
(7) WILDERNESS.—The term ‘‘Wilderness’’ 
means the Rocky Mountain National Park Wilder-
ness designated by section 4(a). 
SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. 
(a) DESIGNATION.—In furtherance of the purposes of 
the Wilderness Act (16 U.S.C. 1131 et seq.), there is des-
ignated as wilderness and as a component of the National 
Wilderness Preservation System approximately 249,339 
acres of land in the Park, as generally depicted on the 
Map, which shall be known as the ‘‘Rocky Mountain Na-
tional Park Wilderness’’. 
(b) MAP AND BOUNDARY DESCRIPTION.— 
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(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Resources of the 
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a map 
and boundary description of the Wilderness. 
(2) AVAILABILITY.—The map and boundary de-
scription submitted under paragraph (1) shall be on 
file and available for public inspection in the Office 
of the Director of the National Park Service. 
(3) CORRECTIONS.—The Secretary may correct 
clerical and typographical errors in the map and 
boundary description submitted under paragraph 
(1). 
(4) EFFECT.—The map and boundary descrip-
tion submitted under paragraph (1) shall have the 
same force and effect as if included in this Act. 
(c) 
INCLUSION
OF
POTENTIAL
WILDERNESS 
LAND.— 
(1) IN GENERAL.—On publication in the Fed-
eral Register of a notice by the Secretary that all 
uses of a parcel of potential wilderness land incon-
sistent with the Wilderness Act (16 U.S.C. 1131 et 
seq.) have ceased, the parcel shall be— 
(A) included in the Wilderness; and 
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(B) managed in accordance with this sec-
tion. 
(2) MAP AND BOUNDARY DESCRIPTION.—The 
Secretary shall modify the map and boundary de-
scription prepared under subsection (b) to reflect the 
inclusion of the parcel in the Wilderness. 
(d) EXCLUSION OF CERTAIN LAND.—The boundaries 
of the Wilderness shall specifically exclude: 
(1) The Grand River Ditch (including the main 
canal of the Grand River Ditch and a branch of the 
main canal known as the ‘‘Specimen Ditch’’), the 
right-of-way for the Grand River Ditch, land 200 
feet on each side of the marginal limits of the Ditch, 
and any associated appurtenances, structures, build-
ings, camps, and work sites in existence as of June 
1, 1998. 
(2) Land owned by the St. Vrain & Left Hand 
Water Conservancy District, including Copeland 
Reservoir and the Inlet Ditch to the Reservoir from 
the North St. Vrain Creek, comprising approxi-
mately 35.38 acres. 
(3) Lands owned by the Wincentsen-Harms 
Trust, comprising approximately 2.75 acres. 
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(4) Land within the area depicted as the ‘‘East 
Shore Trail Area’’ on the map prepared under sub-
section (b)(1). 
(e) ADMINISTRATION.— 
(1) IN
GENERAL.—Subject to valid existing 
rights, any land designated as wilderness under sub-
section (a) or added to the Wilderness after the date 
of enactment of this Act under subsection (c) shall 
be administered by the Secretary in accordance 
with— 
(A) the Wilderness Act (16 U.S.C. 1131 et 
seq.); and 
(B) this Act. 
(2) EFFECTIVE DATE OF WILDERNESS ACT.— 
With respect to the land designated as Wilderness 
by subsection (a) or added to the Wilderness after 
the date of enactment of this Act under subsection 
(c), any reference in the Wilderness Act (16 U.S.C. 
1131 et seq.) to the effective date of the Wilderness 
Act shall be deemed to be a reference to the date of 
enactment of this Act or the date of enactment of 
the Act adding the land to the Wilderness, respec-
tively. 
(3) WATER RIGHTS.— 
(A) FINDINGS.—Congress finds that— 
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(i) according to decisions of the State 
courts, the United States has existing 
rights to water within the Park; 
(ii) the existing water rights are suffi-
cient for the purposes of the Wilderness; 
and 
(iii) based on the findings described in 
clauses (i) and (ii), there is no need for the 
United States to reserve or appropriate 
any additional water rights to fulfill the 
purposes of the Wilderness. 
(B) 
NO
RESERVATION
OF
WATER 
RIGHTS.—Nothing in this Act or any action 
carried out pursuant to this Act shall constitute 
an express or implied reservation by the United 
States of water or water rights for any purpose. 
(4) GRAND RIVER DITCH.— 
(A) 
LIABILITY.—Notwithstanding 
any 
other provision of law, or any stipulation or ap-
plicable agreement, during any period in which 
the Water Supply and Storage Company (or 
any successor in interest to the Water Supply 
and Storage Company with respect to the 
Grand River Ditch) operates and maintains the 
portion of the Grand River Ditch within the 
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Park in compliance with an operations and 
maintenance agreement between the Water 
Supply and Storage Company and the National 
Park 
Service 
entered 
into 
on 
llllllllllll, no individual or 
entity who owns, controls, or operates the 
Grand River Ditch shall be liable for any re-
sponse costs or for any damages to, loss of, or 
injury to the resources of the Park resulting 
from any cause or event (including, but not lim-
ited to, water escaping from any part of the 
Grand River Ditch by overflow or as a result of 
a breach, failure, or partial failure of any por-
tion of the Grand River Ditch, including the 
portion of the ditch located outside the Park), 
unless the damages to, loss of, or injury to the 
resources are proximately caused by the neg-
ligence or an intentional act of the individual or 
entity. 
(B) LIMITATION.—Nothing in this section 
limits or otherwise affects any liability of any 
individual or entity for damages to, loss of, or 
injury to any resource of the Park resulting 
from any cause or event that occurred before 
the date of enactment of this Act. 
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(C) EXISTING
ACTIVITIES.—Nothing in 
this Act, including the designation of the Wil-
derness under this section, shall restrict or oth-
erwise affect any activity (including an activity 
carried out in response to an emergency or cat-
astrophic event) on, under, or affecting the Wil-
derness or land excluded under subsection 
(d)(1) relating to the monitoring, operation, 
maintenance, repair, replacement, or use of the 
Grand River Ditch that was authorized or ap-
proved by the Secretary as of the date of enact-
ment of this Act. 
(D) NO
EFFECT.—Notwithstanding any 
other provision of any previous or existing law, 
any stipulation, or any agreement, or interpre-
tation thereof, use of water transported by the 
Grand River Ditch for a main purpose or main 
purposes other than irrigation shall not termi-
nate or adversely affect the right-of-way of the 
Grand River Ditch, and such right-of-way shall 
not be deemed relinquished, forfeited, or lost, 
solely because such water is used for a main 
purpose or main purposes other than irrigation. 
(5) COLORADO-BIG
THOMPSON
PROJECT
AND 
WINDY GAP PROJECT.— 
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(A) EXISTING ACTIVITIES.—Activities (in-
cluding activities that are necessary because of 
emergencies or catastrophic events) on, under, 
or affecting the Wilderness relating to the mon-
itoring, operation, maintenance, repair, replace-
ment, or use of the Alva B. Adams Tunnel at 
its designed capacity and all other Colorado-Big 
Thompson Project facilities located within the 
Park that were allowed as of the date of enact-
ment of this Act under the Act of January 26, 
1915 (16 U.S.C. 191)— 
(i) shall be allowed to continue; and 
(ii) shall not be affected by the des-
ignation of the Wilderness under this sec-
tion. 
(B) EFFECT.—Nothing in this Act or the 
designation of the Wilderness shall prohibit or 
restrict the conveyance of any water through 
the Alva B. Adams Tunnel for any purpose. 
(C) NEW RECLAMATION PROJECTS.—Noth-
ing in the first section of the Act of January 
26, 1915 (16 U.S.C. 191), shall be construed to 
allow development in the Wilderness of any rec-
lamation project not in existence as of the date 
of enactment of this Act. 
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(6) NO BUFFER ZONE.— 
(A) IN
GENERAL.—Nothing in this Act 
creates a protective perimeter or buffer zone 
around the Wilderness. 
(B) ACTIVITIES OUTSIDE WILDERNESS.— 
The fact that a nonwilderness activity or use 
can be seen or heard from within the Wilder-
ness shall not preclude the conduct of the activ-
ity or use outside the boundary of the Wilder-
ness. 
(7) FIRE, INSECT, AND DISEASE CONTROL.—In 
accordance with section 4(d)(1) of the Wilderness 
Act (16 U.S.C. 1133(d)(1)), the Secretary may take 
such measures in the Wilderness as are necessary to 
control fire, insects, and diseases, including the use 
of mechanized tools, subject to such conditions as 
the Secretary determines to be desirable. 
(8) MANAGEMENT
AUTHORITY.—Nothing in 
this Act shall be construed as reducing or restricting 
the authority of the Secretary to manage the lands 
and other resources within the Park pursuant to the 
Act of January 26, 1915 (16 U.S.C. 191), and other 
laws applicable to the Park as of the date of enact-
ment of this Act. 
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SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NA-
TIONAL PARK. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall establish 
within the East Shore Trail Area in Rocky Mountain Na-
tional Park an alignment line for a trail, to be known as 
the ‘‘East Shore Trail’’, to maximize the opportunity for 
sustained use of the Trail without causing— 
(1) harm to affected resources; or 
(2) conflicts among users. 
(b) BOUNDARIES.— 
(1) IN GENERAL.—After establishing the align-
ment line for the Trail under subsection (a), the 
Secretary shall— 
(A) identify the boundaries of the Trail, 
which shall not extend more than 25 feet east 
of the alignment line or be located within the 
wilderness area; and 
(B) modify the map of the Wilderness pre-
pared under section 4(b)(1) so that the western 
boundary of the Wilderness is 50 feet east of 
the alignment line. 
(2) ADJUSTMENTS.—To the extent necessary to 
protect National Park System resources, the Sec-
retary may adjust the boundaries of the Trail, if the 
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adjustment does not place any portion of the Trail 
within the boundary of the Wilderness. 
(c) INCLUSION IN WILDERNESS.—On completion of 
the construction of the Trail, as authorized by the Sec-
retary— 
(1) any portion of the East Shore Trail Area 
that is not traversed by the Trail, that is not west 
of the Trail, and that is not within 50 feet of the 
centerline of the Trail shall be— 
(A) included in the Wilderness; and 
(B) managed as part of the Wilderness in 
accordance with section 4; and 
(2) the Secretary shall modify the map and 
boundary description of the wilderness prepared 
under section 4(b)(1) to reflect the inclusion of the 
East Shore Trail Area land in the Wilderness. 
(d) EFFECT.—Nothing in this section— 
(1) requires the construction of the Trail along 
the alignment line established under subsection (a); 
or 
(2) limits the extent to which any otherwise ap-
plicable law or policy applies to any decision with re-
spect to the construction of the Trail. 
(e) RELATION TO LAND OUTSIDE WILDERNESS.— 
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(1) IN GENERAL.—Except as provided in this 
subsection, nothing in this Act shall affect the man-
agement or use of any land not included within the 
boundaries of the Wilderness or the potential wilder-
ness land. 
(2) MOTORIZED VEHICLES AND MACHINERY.— 
No use of motorized vehicles or other motorized ma-
chinery that was not permitted on March 1, 2006, 
shall be allowed in the East Shore Trail Area except 
as the Secretary determines to be necessary for use 
in— 
(A) constructing the Trail, if the construc-
tion is authorized by the Secretary; or 
(B) maintaining the Trail. 
(3) MANAGEMENT
OF
LAND
BEFORE
INCLU-
SION.—Until the Secretary authorizes the construc-
tion of the Trail and the use of the Trail for non- 
motorized bicycles, the East Shore Trail Area shall 
be managed— 
(A) to protect any wilderness characteris-
tics of the East Shore Trail Area; and 
(B) to maintain the suitability of the East 
Shore Trail Area for inclusion in the Wilder-
ness. 
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SEC. 6. INDIAN PEAKS WILDERNESS AND ARAPAHO NA-
TIONAL RECREATION AREA BOUNDARY AD-
JUSTMENT. 
(a) INDIAN PEAKS WILDERNESS BOUNDARY AD-
JUSTMENT.—Section 3(a) of the Indian Peaks Wilderness 
Area, the Arapaho National Recreation Area and the Or-
egon Islands Wilderness Area Act (16 U.S.C. 1132 note; 
Public Law 95–450) is amended— 
(1) by striking ‘‘seventy thousand acres’’ and 
inserting ‘‘74,195 acres’’; and 
(2) by striking ‘‘dated July 1978’’ and inserting 
‘‘dated May 2007’’. 
(b) ARAPAHO NATIONAL RECREATION AREA BOUND-
ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks 
Wilderness Area, the Arapaho National Recreation Area 
and the Oregon Islands Wilderness Area Act (16 U.S.C. 
460jj(a)) is amended— 
(1) by striking ‘‘thirty-six thousand two hun-
dred thirty-five acres’’ and inserting ‘‘35,235 acres’’; 
and 
(2) by striking ‘‘dated July 1978’’ and inserting 
‘‘dated May 2007’’. 
SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. 
(a) IN GENERAL.—Section 3(k) of Public Law 91– 
383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land 
described in subsection (b). 
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(b) DESCRIPTION OF THE LAND.—The parcel of land 
referred to in subsection (a) is the parcel of land known 
as the ‘‘Leiffer tract’’ that is— 
(1) located near the eastern boundary of Rocky 
Mountain National Park in Larimer County, Colo-
rado; and 
(2) administered by the National Park Service. 
Æ 
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