An Act to create the Indian Peaks Wilderness Area and the Arapaho National Recreation Area, to authorize the Secretary of the Interior to study the feasibility of revising the boundaries of the Rocky Mountain National Park, and to add certain lands to the Oregon Islands Wilderness.
PL 95-450 (H.R.12026), enacted 10/11/1978

PUBLIC LAW 95-450—OCT. 11, 1978 
92 STAT. 1095 
Public Law 95-450 
95th Congress 
An Act 
To create the Indian Peaks Wilderness Area and the Arapaho National Recrea-
tion Area, to authorize the Secretary of the Interior to study the feasibility of 
revising the boundaries of the Rocky Mountain National Park, and to add 
certain lands to the Oregon Islands Wilderness. 
Be it enacted hy the Senate aTid House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITUE 
SECTION 1. This Act may be cited as the "Indian Peaks Wilderness 
Area, the Arapaho National Recreation Area and the Oregon Islands 
Wilderness Area Act". 
FINDINGS AND PURPOSES 
SEC. 2. The Congress finds that it is in the national interest— 
(1) to include the land within the Arapaho and the Roosevelt 
National Forests known as the Indian Peaks Area in the National 
Wilderness Preservation System so as to protect the area's endur-
ing scenic and historic wilderness character and its unique wildlife 
i 
and to preserve the area's scientific, educational, recreational, and 
' 
inspirational resources and challenges; and 
(2) to create the Arapaho National Recreation Area within the 
Arapaho and the Roosevelt National Forests and the Colorado 
Big Thompson project so as to preserve and protect the natural, 
scenic, historic, pastoral, and wildlife resources of the area and 
to enhance the recreational opportunities provided. 
INDIAN PEAKS WILDERNESS AREA 
Oct. 11, 1978 
[H.R. 12026] 
Indian Peaks 
Wilderness Area, 
the Arapaho 
National 
Recreation Area 
and the Oregon 
Islands 
Wilderness Area 
Act 
16 u s e 460jj 
note. 
16 u s e 460jj 
note. 
16 u s e 1132 
note. 
SEC. 3. (a) An area of land comprising approximately seventy 
thousand acres located in Boulder and Grand Counties, Colorado, 
within the Arapaho and the Roosevelt National Forests (as generally 
depicted as the "Indian Peaks Wilderness Area" on a map entitled 
"Indian Peaks Wilderness Area and Arapaho National Recreation 
Area", dated July 1978) is designated for purposes of the Wilderness 
Act (16 U.S.C. 1131-1136) as a wilderness area and shall be known 
as the Indian Peaks Wilderness Area. 
(b) The Indian Peaks Wilderness Area shall be administered by the Administration. 
Secretary of Agriculture (hereafter in this Act referred to as the 
"Secretary") pursuant to those provisions of the Wilderness Act which 
govern areas designated by that Act as wilderness areas, except that 
any reference in such provisions to the effective date of the Wilderness 
Act shall be deemed to be a reference to the effective date of this Act. 
ARAPAHO NATIONAL RECREATION AREA 
SEC. 4. (a) An area of land comprising approximately thirty-six 16 USC 460jj. 
thousand two hundred thirty-five acres located in Grand County, 
Colorado, within the Arapaho and the Roosevelt National Forests and 
the Colorado Big Thompson project (as generally depicted as the 
92 STAT. 1096 
PUBLIC LAW 95-450—OCT. 11, 1978 
"Arapaho National Recreation Area" on a map entitled "Indian Peaks 
Wilderness Area and Arapaho National Recreation Area", dated July 
1978) is established as the Arapaho National Recreation Area. 
Administration. 
(b) The Secretary shall administer the Arapaho National Recrea-
tion Area, in accordance with the laws and regulations applicable to 
the national forests, in such a manner as will best provide for— 
(1) public recreation and enjoyment; 
(2) the conservation and development of the scenic, natural, his-
toric, and pastoral values of the area; 
(3) the management, utilization, and disposal of natural 
' " '''I'fly 
resources such as timber, grazing, and mineral resources so that 
'"'J,'"'';,. 
their utilization will not substantially impair the purposes for 
' /..»^/' 
which the recreation area is established; and 
, 
- 
(4) the management of water quality in the recreation area 
, . 
consistent with the development of needed water supply and 
waste-water systems, including the control of aquatic vegetation in 
the streams, lakes, and reservoirs within the recreation area. 
Management 
(c^ The Secretary shall develop an overall management plan for 
pl*»- 
the Arapaho National Recreation Area. This plan shall be developed 
,
, . 
in consultation with State and local political subdivisions and other 
interested persons. 
KECKEATION AREA 
, 
Land acquisition. 
SEC. 5. (a) (1) The Secretary is authorized to acquire by donation, 
16 use 460JJ-1. purchase with donated or appropriated funds, exchange, or bequest, 
any lands or lesser interests therein, including mineral interests and 
scenic easements, which the Secretary determines are needed to estab-
lish and manage the Arapaho National Recreation Area. In determin-
ing what private property is needed to establish and manage the 
Arapaho National Recreation Area the Secretary shall utilize the 
approved county zoning plan to identify those properties whose use 
or intended use is not in conformance with the overall intent of this Act. 
(2) As used in this section, the term "scenic easement" means the 
right to control the use of land in order to carry out this Act, but shall 
f ;',,' ; ,^{ not preclude the continuation of any use that is compatible with the 
. J
K
<
; overall management plan for the Arapaho National Recreation Area 
developed pursuant to subsection (c) of section 4. 
(b) In exercising the authority conferred by this section to acquire 
lands, the Secretary shall give prompt and careful consideration to 
any offer made by an individual owning any land, or interest in land, 
within the Arapaho National Recreation Area. In considering any 
such offer, the Secretary shall take into consideration any hardship to 
•jRHtiabA the owner which might result from any undue delay in acquiring the 
property. Purchases made under this authority shall be made on a 
willing buyer, willing seller basis. 
(c) In exercising the authority conferred by this section to acquire 
property by exchange, the Secretary may accept title to any non-
Federal land, or interests therein, located within the Arapaho 
National Recreation Area and the Secretary may convey in exchange 
therefor any federally owned lands or interests in lands within the 
State of Colorado which are classified by the Secretary as suitable for 
•
f :MU A 
exchange and which are under the Secretary's administrative jurisdic-
tion. The values of any lands or interests in lands so exchanged shall 
be approximately equal, or if they are not approximately equal, they 
shall be equalized by the payment of cash to the grantor or to the Secre-
tary so long as payment does not exceed 25 per centum of the total value 
"Scenic 
easement. 
PUBLIC LAW 95-450—OCT. 11, 1978 
92 STAT. 1097 
of the land or interest in land. In utilizing cash equalization in 
exchanges the Secretary shall try to reduce the amount of the payment 
of money to as small an amount as possible. In the exercise of his 
exchange authority, the Secretary may utilize authorities and proce-
dures available to him in making exchanges of national forest lands. 
(d) Any land or interest in land owned by the State of Colorado or 
any of its political subdivisions may be acquired only by donation or 
exchange. 
(e) Notwithstanding any other provision of law, any Federal lands 
or interests in lands located within the Arapaho National Recreation 
Area shall be transferred without consideration to the administrative 
jurisdiction of the Secretary for use by the Secretary in carrying out 
this Act. Lands within the Arapaho National Recreation Area acquired 
* 
* 
by the Secretary or transferred to the Secretary's administrative juris-
diction shall become part of that recreation area and of the national 
forest within or adjacent to which they are located: Provided, That 
the operation and facilities of the Colorado Big Thompson project 
shall remain under the jurisdiction of the United States Bureau of 
Reclamation. 
HUNTING AND FISHING IN THE ARAPAHO NATIONAL RECREATION AREA 
' 
SEC. 6. The Secretary shall permit hunting and fishing on lands and 16 USC 460jj-2. 
waters under the Secretary's jurisdiction within the boundaries of the 
Arapaho National Recreation Area in accordance with the laws of the 
United States and the State of Colorado, except that the Secretary may 
designate zones where, and establish periods when, no hunting or 
fishing shall be permitted for reasons of public safety, area general 
administration, or public use and enjoyment. Except in emergencies, Regulations. 
any regulations made by the Secretary pursuant to this section shall 
be put into effect only after consultation with tlie appropriate State 
fish and game department. 
: 
PERMITS FOR FACILITIES AND SERVICES I N THE ARAPAHO NATIONAL 
RECREATION AREA 
SEC. 7. The Secretary shall cooperate with other Federal agencies, 16 USC 460jj-3. 
with State and local public agencies, and with private individuals and 
organizations in the issuance of permits for facilities and services in 
; .
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_ 
the Arapaho National Recreation Area and the development and 
operation of those facilities and services. 
APPLICATION OF STATE WATER LAWS TO THE ARAPAHO NATIONAL 
RECREATION AREA 
SEC. 8. The jurisdiction of the State of Colorado and the United 16 USC 460jj-4. 
States over waters of any stream included in the Arapaho National 
Recreation Area shall be determined by established principles of law. 
Nothing in this Act shall constitute an express or implied claim or 
denial on the part of the Federal Government as to exemption from 
State water laws. 
FILING OF MAPS 
SEC. 9. As soon as practicable after the date of enactment of this 16 USC 460jj-5. 
Act, the Secretary shall file a map and legal description of the Indian 
Peaks Wilderness Area and the Arapaho National Recreation Area 
92 STAT. 1098 
PUBLIC LAW 95-450—OCT. 11, 1978 
with the Committee on Energy and Natural Resources of the Senate 
and the Committee on Interior and Insular Affairs of the House of 
Representatives and such description shall have the same force and 
effect as if included in this Act, except that correction of any clerical 
or typographical errors in such map and description may be made. 
Such map and the map entitled "Indian Peaks Wilderness Area and 
Arapaho National Recreation Area", dated July 1978, shall be on file 
and made available for public inspection in the offices of the Chief of 
the Forest Service, Department of Agricultra-e. 
STATE CIVIL AND CRIMINAL JURISDICITON 
= 
16 use 460ij-6. 
SEC. 10. Nothing in this Act shall diminish, enlarge, or modify any 
right of the State of Colorado, or any political subdivision thereof, to 
exercise civil and criminal jurisdiction within the Indian Peaks 
Wilderness Area or the Arapaho National Recreation Area or of rights 
to tax persons, franchises, or property, including mineral or other 
interests, in or on lands or waters within those areas. 
AUTHORIZATION OF APPROPRIATIONS 
16 use 460]]-?. 
SEC. 11. Effective October 1,1979, there are authorized to be appro-
priated to carry out sections 1 through 10 of this Act $5,000,000 for 
the acquisition of lands and interests in lands and $5,000,000 for water 
quality and recreation development. Moneys appropriated from the 
Land and Water Conservation Fund shall be available for the acc^uisi-
tion of lands and interests therein within the Arapaho National 
Recreation Area. 
. > , , : , 
. ,v; 
OREGON ISLANDS WILDERNESS 
SEC. 12. (a) In accordance with subsection 3(c) of the Wilderness 
16 use 1132. 
Act (78 Stat. 892), certain lands in the Oregon Islands National Wild-
^ 
life Refuge, Oregon, which comprise approximately four hundred 
fifty-nine acres, which are depicted on a map entitled "Oregon Islands 
Wilderness—Proposed", dated June 1972 (revised July 1972), is 
hereby designated as wilderness and shall become a part of the existing 
"Oregon Islands Wilderness". 
Filing of map 
(b) As soon as practicable after this Act takes effect, the Secretary 
with 
of the Interior shall file a map and legal description of the Oregon 
congressional 
Islands Wilderness with the Committee on Energy and Natural 
committees. 
Resources of the Senate and the Interior and Insular Affairs Commit-
tee of the House of Representatives and such map and description 
shall have the same force and effect as if included in this Act: Pro-
vided, however. That correction of clerical and typographical errors 
in such legal description and map may be made. A map and legal 
r-{tr» ! oa.i rtf description of the Oregon Islands Wilderness shall be on file and 
availaple for public inspection in the Office of the Director, Fish and 
Wildlife Service, Department of the Interior. 
(c) The lands designated by this Act as the Oregon Islands Wil-
derness shall be administered in accordance with the applicable pro-
visions of the Wilderness Act governing areas designated by that Act 
as wilderness areas, except that any reference in such provisions to the 
effective date of the Wilderness Act shall be deemed to be a reference 
• * ' ' • : 
to the effective date of this Act and, where appropriate, any reference to 
the Secretary of Agriculture shall be deemed to be a reference to the 
Secretary of the Interior. 
16 use 1132 
note. 
PUBLIC LAW 95-450—OCT. 11, 1978 
92 STAT. 1099 
ROCKY MOUNTAIN NATIONAL PARK STUDY 
SEO.13. Within one year of the date of enactment of this Act, the Report to 
Secretary of Agriculture and the Secretary of the Interior shall congressional 
jointly develop and submit to the Committee on Interior and Insular ^^™^'p®fi 
Affairs of the House of Kepresentatives and the Committee on Energy 
and Natural Resources of the Senate, a comprehensive report studying 
and evaluating the suitability of revising the boundaries of Rocky 
Mountain National Park to include all or part of the Indian Peaks 
Wilderness Area as established by this Act and examining the possi-
ble addition or deletion of other lands designated as "Park Study 
Area" on a map entitled "Indian Peaks Wilderness Area and Arapaho 
National Recreation Area" dated July 1978: Provided^ That regard-
less of the ultimate administration of the areas to be studied under 
this section, the seventy thousand-acre Indian Peaks Wilderness Area 
established by this Act shall remain as a component of the National 
Wilderness Preservation System. 
Approved October 11, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1460 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 12, considered and passed House. 
Sept. 27, considered and passed Senate. 
39-194 O—80—pt. 1 
73 : QU