[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1576 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Peak Wilderness, Wilderness
Study, 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) is amended by adding at the end the following new paragraph:
``(20) Certain lands in the Arapaho and Roosevelt National
Forests which comprise approximately 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 Wilderness' 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 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 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.
(D) Some of these lands may also be suitable for
inclusion in the National Wilderness Preservation
System and should be managed so as to maintain
Congressional options in that regard.
(2) Purpose.--The purpose of this section is to provide for
management of certain lands in the Arapaho and Roosevelt
National Forests in a manner consistent with the 1997 Revised
Land and Resources Management Plan for these forests in order
to protect the natural qualities of these areas while allowing
for appropriate uses and while also maintaining Congressional
options regarding possible future 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 designated 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 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 and Roosevelt
National Forests.
(d) Management.--
(1) In general.--Except as otherwise provided in this
section, the Protection Area shall be managed and administered
by the Secretary of Agriculture 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 and Roosevelt National 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 Protection Area shall be retained by the
United States.
(3) Motorized and mechanized travel.--Not later than 3
years after the date of the enactment of this Act and after
consultation with the Grand County commissioners, the Secretary
of Agriculture shall ensure that motorized and mechanized
travel within the Protection Area in the State of Colorado,
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 revised 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 options of
Congress with regard to possible designation of such lands as
wilderness, the approximately 8,000 acres of Federal lands in
the portion of the Protection Area identified as ``Wilderness
Study Area Lands'' on the map referred to in subsection (c)
shall be managed by the Secretary of Agriculture so as to
maintain that area's presently existing wilderness character
and potential for inclusion in the National Wilderness
Preservation System.
(2) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of Agriculture shall
report to Congress concerning the suitability or nonsuitability
of the lands identified in paragraph (1) for inclusion in the
National Wilderness Preservation System and such other
recommendations as the Secretary may wish to make regarding
management of such lands. The report required by this paragraph
shall include a determination as to whether, and if so to what
extent, the use of nonmotorized vehicles should be permitted on
the Rogers Pass Trail and any other portion of the lands
identified in paragraph (1).
SEC. 4. INHOLDINGS.
(a) State Land Board Lands.--If the Colorado State Land Board
informs the Secretary of Agriculture 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 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 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 of Agriculture 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 of the 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 and Roosevelt
National Forests 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. 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 of Agriculture
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 April 2001.
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