[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4850 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4850

To designate as wilderness certain lands within Rocky Mountain National 
                           Park, in Colorado.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 1998

  Mr. Skaggs introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To designate as wilderness certain lands within Rocky Mountain National 
                           Park, in Colorado.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Rocky Mountain 
National Park Wilderness Act of 1998''.
    (b) Purpose.--The purpose of this Act is to include certain lands 
within Rocky Mountain National Park in the National Wilderness 
Preservation System in order to protect their enduring scenic and 
historic wilderness character and unique wildlife values as well as 
their scientific, educational, inspirational, and recreational 
resources, values, and opportunities.

SEC. 2. WILDERNESS DESIGNATION AND MAP.

    (a) Designation.--(1) In furtherance of the purpose of the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within Rocky 
Mountain National Park, Colorado, which comprise approximately 249,562 
acres, as generally depicted on a map entitled ``Rocky Mountain 
National Park Wilderness--Proposed'' and dated June, 1998, are hereby 
designated as wilderness and, therefore, as components of the National 
Wilderness Preservation System and shall be known as the Rocky Mountain 
National Park Wilderness.
    (b) Map and Description.--As soon as practicable after the date of 
enactment of this Act, the Secretary of the Interior shall file a map 
and a boundary description of the lands designated as wilderness by 
this section with the Committee on Resources of the United States House 
of Representatives and the Committee on Energy and Natural Resources of 
the United States Senate. Such map and description shall have the same 
force and effect as if included in this Act, except that the Secretary 
is authorized to correct clerical and typographical errors in such map 
and description. Such map and description shall be on file and 
available for public inspection in the office of the Director of the 
National Park Service, Department of the Interior.

SEC. 3. ADMINISTRATIVE PROVISIONS.

    (a)(1) In General.--Subject to valid existing rights, lands 
designated as wilderness by this Act shall be managed by the Secretary 
of the Interior in accordance with the Wilderness Act and this Act, 
except that, with respect to the lands designated as wilderness by this 
Act, any reference in the Wilderness Act to the effective date of the 
Wilderness Act shall be deemed to be a reference to the date of 
enactment of this Act.
    (2) Potential Wilderness.--
            (A) Definition.--As used in this paragraph, the term 
        ``potential wilderness lands'' means:
                    (i) lands within the boundaries of the areas 
                designated as wilderness by this Act that are 
                identified as ``potential wilderness'' on the map 
                referred to in section 2(a); and
                    (ii) lands and interests therein acquired by the 
                United States on or after the date of enactment of this 
                Act that are located within the boundaries of Rocky 
                Mountain National Park and contiguous with lands 
                designated as wilderness by this Act.
            (B) Management.--Potential wilderness lands shall be 
        managed as components of the National Wilderness Preservation 
        System upon publication in the Federal Register of a notice by 
        the Secretary of the Interior that all uses thereon 
        inconsistent with the Wilderness Act have ceased.
    (b) Water Rights.--(1) The Congress finds that, according to 
decisions of courts of the State of Colorado, the United States has 
existing rights to substantial quantities of water within Rocky 
Mountain National Park, and that consequently there is no need for this 
Act to effect a reservation by the United States of any additional 
water rights to fulfill the purposes for which the wilderness 
designations made by this Act are made.
    (2) Nothing in this Act or any action taken pursuant thereto shall 
constitute either an express or implied reservation of water or water 
rights for any purpose.
    (c) Colorado-Big Thompson Project.--
            (1) Existing activities.--Activities on, under, or 
        affecting the lands designated as wilderness by this Act 
        relating to the monitoring, operation, maintenance, repair, 
        replacement, or use of the Colorado-Big Thompson Project and 
        its facilities which were allowed as of June 1, 1998, shall be 
        allowed to continue, and shall not be affected by the 
        designation of such lands as wilderness.
            (2) New activities.--In addition to the activities 
        described in paragraph (1), any other activities on, under, or 
        affecting the lands designated as wilderness by this Act that 
        are necessary to respond to catastrophic events or emergencies 
        and that affect the continued operation, maintenance, repair, 
        replacement or use of the Colorado-Big Thompson Project and its 
        facilities shall be allowed, subject to reasonable restrictions 
        established by the Secretary of the Interior in order to 
        protect the wilderness values of such lands; Provided, however, 
        That any such restrictions shall not permanently reduce the 
        water supply capability of the Colorado-Big Thompson Project or 
        the Windy Gap Project.
            (3) Other projects.--Nothing in section 1 of the Act of 
        January 26, 1915 (16 U.S.C. 191; 38 State. 798) shall be 
        construed to permit development within the lands designated as 
        wilderness by this Act of any reclamation project not in 
        existence on the date of enactment of this Act.
    (d) Exclusions.--(1) Boundaries for the wilderness and potential 
wilderness areas designated by this Act specifically exclude--
            (A) the Grand Ditch (including both the main canal of the 
        Grand Ditch and a branch thereof known as the Specimen Ditch) 
        and its right-of-way as well as associated appurtenances, 
        structures, buildings, camps, and work sites in existence as of 
        June 1, 1998; and
            (B) lands owned by the St. Vrain & Left Hand Water 
        Conservancy District, including Copeland Reservoir and the 
        inlet ditch to such reservoir from the North St. Vrain Creek, 
        amounting to approximately 35.38 acres.
    (2) Nothing in this Act shall affect management or use of any lands 
not included within the boundaries of the areas designated as 
wilderness or potential wilderness by this Act.
    (e) No Buffer Zones.--Congress does not intend that the designation 
by this Act of wilderness areas in the State of Colorado creates or 
implies the creation of protective perimeters or buffer zones around 
any wilderness area. The fact that nonwilderness activities or uses can 
be seen or heard from within a wilderness area shall not, of itself, 
preclude such activities or uses up to the boundary of the wilderness 
area.
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