[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1576 Enrolled Bill (ENR)]
H.R.1576
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Peak Wilderness and Protection
Area Act''.
SEC. 2. WILDERNESS DESIGNATION.
(a) Inclusion With Other Colorado Wilderness Areas.--Section 2(a)
of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat.
756; 16 U.S.C. 1132 note) is amended by adding at the end the following
new paragraph:
``(21) Certain lands in the Arapaho/Roosevelt National Forest
which comprise approximately 14,000 acres, as generally depicted on
a map entitled `Proposed James Peak Wilderness', dated September
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; 16 U.S.C. 1132 note) is amended by adding at the end the
following new subsections:
``(c) The approximately 2,232 acres of Federal lands in the
Arapaho/Roosevelt National Forest generally depicted on the map
entitled `Ranch Creek Addition to Indian Peaks Wilderness' dated
September 2001, are hereby added to the Indian Peaks Wilderness Area.
``(d) The approximately 963 acres of Federal lands in the Arapaho/
Roosevelt National Forest generally depicted on the map entitled
`Fourth of July Addition to Indian Peaks Wilderness' dated September
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
(hereafter in this Act referred to as the ``Secretary'') shall file
with the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and a
boundary description of the area designated 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 Wilderness Act of 1993
and the Indian Peaks Wilderness Area and Arapaho National Recreation
Area and the Oregon 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 Forest Service, Department of Agriculture and in the
office of the Forest Supervisor of the Arapaho/Roosevelt National
Forest.
SEC. 3. DESIGNATION OF JAMES PEAK PROTECTION AREA, COLORADO.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds the following:
(A) The lands covered by this section include 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
nonmotorized 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 subject to appropriate regulations.
(2) Purpose.--The purpose of this section is to provide for
management of certain lands in the Arapaho/Roosevelt National
Forest in a manner consistent with the 1997 Revised Land and
Resources Management Plan for this forest in order to protect the
natural qualities of these areas.
(b) Designation.--The approximately 16,000 acres of land in the
Arapaho/Roosevelt National Forest generally depicted on the map
entitled ``Proposed James Peak Protection Area'', dated September 2001,
are hereby designated as the James Peak Protection Area (hereafter in
this Act 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 shall file with the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate 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 public inspection in the
office of the Chief of the Forest Service, Department of Agriculture,
and in the office of the Forest Supervisor of the Arapaho/Roosevelt
National Forest.
(d) Management.--
(1) In general.--Except as otherwise provided in this section,
the Protection Area shall be managed and administered by the
Secretary in the same manner as the management area prescription
designations identified for these lands in the 1997 Revision of the
Land and Resource Management Plan for the Arapaho/Roosevelt
National Forest and the Pawnee National Grasslands. Such management
and administration shall be in accordance with the following:
(A) Grazing.--Nothing in this Act, including the
establishment of the Protection Area, shall affect grazing on
lands within or outside of the Protection Area.
(B) Mining withdrawal.--Subject to valid existing rights,
all Federal land within the Protection Area and all land and
interests in land acquired for the Protection Area by the
United States are withdrawn from--
(i) all forms of entry, appropriation, or disposal
under the public land laws;
(ii) location, entry, and patent under the mining laws;
and
(iii) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws, and all amendments
thereto.
Nothing in this subparagraph shall be construed to affect
discretionary authority of the Secretary under other Federal
laws to grant, issue, or renew rights-of-way or other land use
authorizations consistent with the other provisions of this
Act.
(C) Motorized and mechanized travel.--
(i) Review and inventory.--Not later than two years
after the date of the enactment of this Act, the Secretary,
in consultation with interested parties, shall complete a
review and inventory of all roads and trails in the
Protection Area on which use was allowed on September 10,
2001, except those lands managed under the management
prescription referred to in subparagraph (F). During the
review and inventory, the Secretary may--
(I) connect existing roads and trails in the
inventoried area to other existing roads and trails in
the inventoried area for the purpose of mechanized and
other nonmotorized use on any lands within the
Protection Area as long as there is no net gain in the
total mileage of either roads or trails open for public
use within the Protection Area; and
(II) close or remove roads or trails within the
Protection Area that the Secretary determines to be
undesirable, except those roads or trails managed
pursuant to paragraph (2) of this subsection or
subsection (e)(3).
(ii) After completion of inventory.--After completion
of the review and inventory required by clause (i), the
Secretary shall ensure that motorized and mechanized travel
within the Protection Area shall be permitted only on those
roads and trails identified as open to use in the inventory
or established pursuant to subparagraph (D).
(D) New roads and trails.--No new roads or trails shall be
established within the Protection Area except those which the
Secretary shall establish as follows:
(i) Roads and trails established to replace roads or
trails of the same character and scope which have become
nonserviceable through reasons other than neglect.
(ii) Nonpermanent roads as needed for hazardous fuels
reduction or other control of fire, insect or disease
control projects, or other management purposes.
(iii) Roads determined to be appropriate for reasonable
access under section 4(b)(2).
(iv) A loop trail established pursuant to section 6.
(v) Construction of a trail for nonmotorized use
following the corridor designated as the Continental Divide
Trail.
(E) Timber harvesting.--No timber harvesting shall be
allowed within the Protection Area except to the extent needed
for hazardous fuels reduction or other control of fire, insect
or disease control projects, or protection of public health or
safety.
(F) Special interest area.--The management prescription
applicable to the lands described in the 1997 Revision of the
Land and Resource Management Plan as the James Peak Special
Interest Area shall also be applicable to all the lands in the
Protection Area that are bounded on the north by Rollins Pass
Road, on the east by the Continental Divide, and on the west by
the 11,300 foot elevation contour as shown on the map referred
to in subsection (b). In addition, motorized vehicle use shall
not be permitted on any part of the Rogers Pass trail.
(2) Natural gas pipeline.--The Secretary shall allow for
maintenance of rights-of-ways and access roads located within the
Protection Area to the extent necessary to operate the natural gas
pipeline permitted under the Arapaho/Roosevelt National Forest
master permit numbered 4138.01 in a manner that avoids negative
impacts on public safety and allows for compliance with Federal
pipeline safety requirements. Such maintenance may include
vegetation management, road maintenance, ground stabilization, and
motorized vehicle access.
(3) 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
Protection Area shall be retained by the United States.
(e) Issues Related to Water.--
(1) Statutory construction.--
(A) Nothing in this Act shall constitute or be construed to
constitute either an express or implied reservation of any
water or water rights with respect to the lands within the
Protection Area.
(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 construed 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 apportionment 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, existence, access, maintenance, improvement, or
construction 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 acquisition
of such lands by the United States by purchase or exchange.
(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 acquiring the lands by purchase or exchange, 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 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 Representatives and the Committee on
Energy and Natural Resources of the Senate a report concerning any
agreement or the status of negotiations 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 required by this
subsection shall indicate to what extent funds are available to the
Secretary as of the date ofthe 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 enactment of this Act shall be added to the James Peak
Wilderness or the Protection Area, respectively, and managed
accordingly.
SEC. 5. JAMES PEAK FALL RIVER TRAILHEAD.
(a) Services and Facilities.--Following the consultation 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 Supervisor'') shall establish a trailhead and
corresponding facilities 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 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 management 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 subsection (c), the
Forest Supervisor shall submit to the Committee on Resources and the
Committee on Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Appropriations 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 consultation 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 connecting the trail designated as ``Rogers Pass'' and the
trail designated as ``Rollins Pass Road''.
(b) Establishment.--If the results of the study required 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 otherwise 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 Closures'', 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 management 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 System and make
recommendations to Congress regarding such inclusion.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.