I
107TH CONGRESS
1ST SESSION
H. R. 1576
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
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 Wilder-
ness, Wilderness Study, and Protection Area Act’’.
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) is
amended by adding at the end the following new para-
graph:
‘‘(20) Certain lands in the Arapaho and Roo-
sevelt National Forests which comprise approxi-
mately 14,000 acres, as generally depicted on a map
entitled ‘Proposed James Peak Wilderness’, dated
April 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) is amended by adding at the end the following
new subsection:
‘‘(c) The approximately 2,232 acres of Federal lands
in the Arapaho National Forest generally depicted on the
map entitled ‘Ranch Creek Addition to Indian Peaks Wil-
derness’ dated April 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 shall file with the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate a map and a boundary description of the area des-
ignated 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 Wil-
derness Act of 1993 and the Indian Peaks Wilderness
Area and Arapaho National Recreation Area and the Or-
egon Islands Wilderness Area Act, respectively, except
that the Secretary may correct clerical and typographical
errors in the maps and boundary descriptions. The maps
and boundary descriptions shall be on file and available
for public inspection in the Office of the Chief of the For-
est Service, Department of Agriculture and in the office
of the Forest Supervisor of the Arapaho National Forest.
SEC. 3. DESIGNATION OF JAMES PEAK PROTECTION AREA,
COLORADO.
(a) FINDINGS AND PURPOSE.—
(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.
(D) Some of these lands may also be suit-
able for inclusion in the National Wilderness
Preservation System and should be managed so
as to maintain Congressional options in that re-
gard.
(2) PURPOSE.—The purpose of this section is
to provide for management of certain lands in the
Arapaho and Roosevelt National Forests in a man-
ner consistent with the 1997 Revised Land and Re-
sources Management Plan for these forests in order
to protect the natural qualities of these areas while
allowing for appropriate uses and while also main-
taining Congressional options regarding possible fu-
ture inclusion of some of the lands in the National
Wilderness Preservation System.
(b) DESIGNATION.—The approximately 18,000 acres
of land in the Arapaho and Roosevelt National Forests
generally depicted on the map entitled ‘‘Proposed James
Peak Protection Area’’, dated April 2001, are hereby des-
ignated as the James Peak Protection Area (hereafter in
this section 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 of Agriculture shall file with the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate a map and a boundary description of the Protection
Area. The map and boundary description shall have the
same force and effect as if included 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 pub-
lic inspection in the Office of the Chief of the Forest Serv-
ice, Department of Agriculture, and in the office of the
Forest Supervisor of the Arapaho and Roosevelt National
Forests.
(d) MANAGEMENT.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the Protection Area shall be
managed and administered by the Secretary of Agri-
culture in the same manner as the management area
prescription designations identified for these lands in
the 1997 Revision of the Land and Resource Man-
agement Plan for the Arapaho and Roosevelt Na-
tional Forests and the Pawnee National Grasslands.
(2) 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.
(3) MOTORIZED AND MECHANIZED TRAVEL.—
Not later than 3 years after the date of the enact-
ment of this Act and after consultation with the
Grand County commissioners, the Secretary of Agri-
culture shall ensure that motorized and mechanized
travel within the Protection Area in the State of Col-
orado, shall be permitted only on those designated
roads, trails, and areas established by the Forest
Supervisor of the Arapaho and Roosevelt National
Forests. Thereafter, such designations can be re-
vised following review and evaluation by the Forest
Service during revisions of the relevant forest plan,
or through amendments to such plan.
(e) WILDERNESS STUDY.—
(1) STUDY AREA.—In order to maintain the op-
tions of Congress with regard to possible designation
of such lands as wilderness, the approximately 8,000
the Protection Area, the Secretary shall promptly seek to
reach agreement with the Board regarding terms and con-
ditions for acquisition of such lands by the United States
by purchase or exchange.
(b) JIM CREEK INHOLDING.—
(1) ACQUISITION OF LANDS.—The Secretary of
Agriculture 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 ex-
change, 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 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 of Agriculture
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 report
concerning any agreement or the status of negotia-
tions 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 re-
quired by this subsection shall indicate to what ex-
tent 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 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 and Roosevelt National Forests in the
State of Colorado (in this section referred to as the ‘‘For-
est Supervisor’’) shall establish a trailhead and cor-
responding facilities and services to regulate use of Na-
tional 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 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.
SEC. 6. 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.
(b) ROLLINS PASS ROAD.—If requested by one or
more of the Colorado Counties of Grand, Gilpin, and Boul-
der, the Secretary of Agriculture shall provide technical
assistance and otherwise cooperate with respect to repair-
ing 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 indi-
cated on the map entitled ‘‘Rollins Pass Road Reopening:
Attendant Road and Trail Closures,’’ dated April 2001.
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