[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1711 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1711

 To designate the James Peak Wilderness and the James Peak Protection 
         Area in the State of Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2001

 Mr. Campbell introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To designate the James Peak Wilderness and the James Peak Protection 
         Area 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 James Peak Protection Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Colorado State 
        Land Board.
            (2) Forest supervisor.--The term ``Forest Supervisor'' 
        means the Forest Supervisor of the Arapaho National Forest and 
        Roosevelt National Forest.
            (3) Management plan.--The term ``management plan'' means 
        the 1997 Revision of the Land and Resource Management Plan for 
        the Arapaho and Roosevelt National Forests and the Pawnee 
        National Grasslands.
            (4) Protection area.--The term ``Protection Area'' means 
        the James Peak Protection Area designated by section 4(b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Special interest area.--The term ``special interest 
        area'' means the land in the Protection Area that is bounded--
                    (A) on the north by Rollins Pass Road;
                    (B) on the east by the Continental Divide; and
                    (C) on the west by the 11,300-foot elevation 
                contour, as depicted on the map entitled ``Proposed 
                James Peak Protection Area'', dated September 2001.
            (7) State.--The term ``State'' means the State of Colorado.

SEC. 3. WILDERNESS DESIGNATION.

    (a) James Peak Wilderness.--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:
            ``(20) James peak wilderness.--Certain land in the Arapaho 
        National Forest and Roosevelt National Forest comprising 
        approximately 14,000 acres, as generally depicted on the 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, the 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:
    ``(c) Additional Land.--In addition to the land described in 
subsection (a), the Indian Peaks Wilderness Area shall include--
            ``(1) the approximately 2,232 acres of Federal land in the 
        Arapaho National Forest and Roosevelt National Forest, as 
        generally depicted on the map entitled `Ranch Creek Addition to 
        Indian Peaks Wilderness', dated September 2001; and
            ``(2) the approximately 963 acres of Federal land in the 
        Arapaho National Forest and Roosevelt National Forest, as 
        generally depicted on the map entitled `Fourth of July Addition 
        to Indian Peaks Wilderness', dated September 2001.''.
    (c) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, 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) a map and legal description of the area 
                designated as wilderness by the amendments made by 
                subsection (a); and
                    (B) a map and legal description of the area added 
                to the Indian Peaks Wilderness Area by the amendments 
                made by subsection (b).
            (2) Effect.--The maps and legal descriptions shall have the 
        same force and effect as if included in--
                    (A) the Colorado Wilderness Act of 1993 (Public Law 
                103-77; 107 Stat. 756); and
                    (B) the Indian Peaks Wilderness Area, the Arapaho 
                National Recreation Area and the Oregon Islands 
                Wilderness Area Act (Public Law 95-450; 92 Stat. 1095).
            (3) Corrections.--The Secretary may correct technical 
        errors in the maps and legal descriptions.
            (4) Availability.--Copies of the maps and legal 
        descriptions shall be on file and available for public 
        inspection in--
                    (A) the office of the Chief of the Forest Service; 
                and
                    (B) the office of the Forest Supervisor.

SEC. 4. DESIGNATION OF JAMES PEAK PROTECTION AREA.

    (a) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the Protection Area includes important 
                resources and values, including wildlife habitat, clean 
                water, open space, and opportunities for solitude;
                    (B) the Protection Area includes areas that are 
                suitable for recreational uses, including the use of 
                snowmobiles and other motorized and nonmotorized 
                vehicles; and
                    (C) the Protection Area should be managed in a way 
                that protects the resources and values of the 
Protection Area while permitting continued recreational uses, subject 
to appropriate regulations.
            (2) Purpose.--The purpose of this section is to provide for 
        management of certain land in the Arapaho National Forest and 
        Roosevelt National Forest in a manner that--
                    (A) is consistent with the management plan; and
                    (B) protects the natural qualities of the land.
    (b) Designation.--The approximately 16,000 acres of land in the 
Arapaho National Forest and Roosevelt National Forest generally 
depicted on the map entitled ``Proposed James Peak Protection Area'', 
dated September 2001, is designated as the ``James Peak Protection 
Area''.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, 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 map 
        and legal description of the Protection Area.
            (2) Effect.--The map and legal description shall have the 
        same force and effect as if included in this Act.
            (3) Corrections.--The Secretary may correct clerical and 
        typographical errors in the map and legal description.
            (4) Availability.--The map and legal description shall be 
        on file and available for public inspection in--
                    (A) the office of the Chief of the Forest Service; 
                and
                    (B) the office of the Forest Supervisor.
    (d) Management.--
            (1) In general.--Except as otherwise provided in this 
        section, the Secretary shall manage and administer the 
        Protection Area in accordance with the management plan.
            (2) Grazing.--Nothing in this Act, including the 
        establishment of the Protection Area, affects grazing on land 
        in or outside of the Protection Area.
            (3) Withdrawals.--
                    (A) In general.--Subject to valid existing rights, 
                all Federal land in the Protection Area (including land 
                and interests in land acquired for the Protection Area 
                by the United States after the date of enactment of 
                this Act) is 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.
                    (B) Effect.--Nothing in subparagraph (A) affects 
                the discretionary authority of the Secretary under 
                other Federal law to grant, issue, or renew any right-
                of-way or other land use authorization consistent with 
                this Act.
            (4) Motorized and mechanized travel.--
                    (A) Review and inventory.--
                            (i) In general.--Not later than 2 years 
                        after the date of enactment of this Act, the 
                        Secretary, in consultation with any interested 
                        parties, shall complete a review and inventory 
                        of all roads and trails in the Protection Area 
                        (excluding the special interest area) on which 
                        use was allowed on September 10, 2001.
                            (ii) Connection.--In conducting the review 
                        and inventory under clause (i), the Secretary 
                        may connect any existing road or trail in the 
                        inventory area to another existing road or 
                        trail in the inventory area for the purpose of 
                        mechanized and nonmotorized use, if the 
                        connection results in no net gain in the total 
                        mileage of roads or trails open for public use 
                        in the Protection Area.
                            (iii) Closure.--In conducting the review 
                        and inventory under clause (i), the Secretary 
                        may close or remove any road or trail in the 
                        Protection Area that the Secretary determines 
                        to be undesirable, except those roads or trails 
                        managed under paragraph (7).
                            (iv) Designated areas.--As soon as 
                        practicable after completion of the review and 
                        inventory under clause (i), the Secretary shall 
                        prohibit motorized and mechanized travel in the 
                        Protection Area, except on roads and trails--
                                    (I) identified as being open to use 
                                in the inventory; or
                                    (II) established under paragraph 
                                (5).
                    (B) Rogers pass trail.--Notwithstanding any other 
                provision of this Act, a motorized vehicle shall not be 
                permitted on any part of the Rogers Pass Trail.
            (5) New roads and trails.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no road or trail shall be established in the 
                Protection Area after the date of enactment of this 
                Act.
                    (B) Establishment.--The Secretary may establish--
                            (i) a new road or trail to replace a road 
                        or trail of the same character and scope that 
                        has become nonserviceable because of a reason 
                        other than neglect;
                            (ii) as necessary, nonpermanent roads for--
                                    (I) hazardous fuel reduction;
                                    (II) fire, insect, or disease 
                                control projects; or
                                    (III) other management purposes;
                            (iii) any road determined to be appropriate 
                        for reasonable access under section 5(b)(3);
                            (iv) a loop trail established under section 
                        7; or
                            (v) a trail for nonmotorized use along the 
                        corridor designated as the Continental Divide 
                        Trail.
            (6) Timber harvesting.--No timber harvesting shall be 
        allowed within the Protection Area, except to the extent 
        necessary for--
                    (A) hazardous fuel reduction;
                    (B) a fire, insect, or disease control project; or
                    (C) protection of public health or safety.
            (7) Special interest area.--The management prescription 
        applicable to the land referred to in the management plan as 
        the James Peak Special Interest Area shall apply to the special 
        interest area.
    (e) Natural Gas Pipeline.--
            (1) Maintenance.--The Secretary shall allow for maintenance 
        of rights-of-way and access roads located in the Protection 
        Area--
                    (A) to the extent necessary to operate the natural 
                gas pipeline permitted under the Arapaho/Roosevelt 
                National Forest master permit numbered 4138.01; and
                    (B) in a manner that--
                            (i) does not have a negative effect on 
                        public safety; and
                            (ii) allows for compliance with Federal 
                        pipeline safety requirements.
            (2) Inclusions.--Maintenance under paragraph (1) may 
        include--
                    (A) vegetation management;
                    (B) road maintenance;
                    (C) ground stabilization; and
                    (D) motorized vehicle access.
    (f) Permanent Federal Ownership.--All right, title, and interest of 
the United States, held on or acquired after the date of enactment of 
this Act, in and to land within the boundaries of the Protection Area 
shall be retained by the United States.
    (g) Water Rights.--
            (1) Effect of this act.--Nothing in this Act--
                    (A) constitutes an express or implied reservation 
                of any water or water right with respect to land within 
                the Protection Area;
                    (B) affects any conditional or absolute water right 
                in the State in existence on the date of enactment of 
                this Act;
                    (C) establishes a precedent with regard to any 
                future Protection Area designation; or
                    (D) limits, alters, modifies, or amends any 
                interstate compact or equitable apportionment decree 
                that apportions water among and between the State and 
                other States.
            (2) Colorado water law.--The Secretary shall be subject to 
        all procedural and substantive laws of the State in order to 
        obtain and hold any new water rights with respect to the 
        Protection Area.
            (3) Water infrastructure.--Nothing in this Act affects, 
        impedes, interferes with, or diminishes the operation, 
        existence, access, maintenance, improvement, or construction of 
        a water facility or infrastructure, right-of-way, or other 
        water-related property, interest, or use (including the use of 
        motorized vehicles and equipment on land within the Protection 
        Area) on any land except the land in the special interest area.

SEC. 5. ACQUISITION OF LAND.

    (a) Board Land.--The Secretary may acquire by purchase or exchange 
land in the Protection Area owned by the Board.
    (b) Jim Creek Drainage.--
            (1) In general.--The Secretary may acquire by purchase or 
        exchange land in the Jim Creek drainage in the Protection Area.
            (2) Consent of landowner.--The Secretary may acquire land 
        under this subsection only with the consent of the landowner.
            (3) Effect.--Nothing in this Act affects the rights of any 
        owner of land located within the Jim Creek drainage in the 
        Protection Area, including any right to reasonable access to 
        the land by motorized or other means, as determined by the 
        Chief of the Forest Service and the landowner, in accordance 
        with applicable law (including regulations).
    (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 
        for the acquisition of land under--
                    (A) subsection (a), on the earlier of--
                            (i) the date on which an agreement for 
                        acquisition by the United States of land 
                        referred to in subsection (a) is entered into; 
                        or
                            (ii) 1 year after the date of enactment of 
                        this Act; and
                    (B) subsection (b), on the earlier of--
                            (i) the date on which an agreement for 
                        acquisition by the United States of land 
                        referred to in subsection (b) is entered into; 
                        or
                            (ii) 1 year after the date of enactment of 
                        this Act.
            (2) Requirements.--A report under paragraph (1) shall 
        include information on funding, including--
                    (A) to what extent funds are available to the 
                Secretary for the acquisition of the land, as of the 
                date of the report; and
                    (B) whether additional funds need to be 
                appropriated or otherwise made available to the 
                Secretary for the acquisition of the land.
    (d) Management of Acquisitions.--Any land within the James Peak 
Wilderness or the Protection Area acquired by the United States after 
the date of enactment of this Act shall be added to the James Peak 
Wilderness or the Protection Area, respectively.

SEC. 6. JAMES PEAK FALL RIVER TRAILHEAD.

    (a) Services and Facilities.--
            (1) In general.--Following the consultation required by 
        subsection (c), the Forest Supervisor shall establish a 
        trailhead, facilities, and services for National Forest System 
        land that is located--
                    (A) in the vicinity of the Fall River basin; and
                    (B) south of the communities of Alice Township and 
                St. Mary's Glacier in the State.
            (2) Inclusions.--The facilities and services under 
        paragraph (1) shall include--
                    (A) parking for the trailhead;
                    (B) public restroom accommodations; and
                    (C) maintenance of the trailhead and trail.
    (b) Personnel.--The Forest Supervisor shall assign Forest Service 
personnel to provide appropriate management and oversight of the area 
specified in subsection (a)(1).
    (c) Consultation.--The Forest Supervisor shall consult with the 
commissioners of Clear Creek County and with residents of Alice 
Township and St. Mary's Glacier in the State regarding--
            (1) the appropriate location of facilities and services in 
        the area specified in subsection (a)(1); 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.--As soon as practicable 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. 7. LOOP TRAIL STUDY.

    (a) Study.--Not later than 3 years after the date on which funds 
are first made available to carry out this section, the Secretary, in 
consultation with interested parties, shall complete a study of the 
suitability and feasibility of establishing, consistent with the 
purpose described in section 4(a)(2), a loop trail for mechanized and 
other nonmotorized recreation that connects 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 a loop trail would be 
suitable and feasible, the Secretary shall establish the loop trail.

SEC. 8. ADMINISTRATIVE PROVISIONS.

    (a) No Buffer Zones.--
            (1) In general.--The designation by this Act or by 
        amendments made by this Act of wilderness areas under section 3 
        and the Protection Area in the State shall not establish any 
        express or implied protective perimeter or buffer zone around a 
        wilderness area or the Protection Area.
            (2) Surrounding land.--The fact that the use of, or conduct 
        of an activity on, land that shares a boundary with a 
        wilderness area or the Protection Area may be seen or heard 
        from a wilderness area or the Protection Area shall not, in and 
        of itself, preclude the conduct of the use or activity.
    (b) Rollins Pass Road.--
            (1) In general.--If requested by 1 or more of Grand, 
        Gilpin, or Boulder Counties in the State, the Secretary, with 
        respect to the repair of the Rollins Pass road in those 
        counties, shall provide technical assistance and otherwise 
        cooperate with the counties to permit 2-wheel-drive vehicles to 
        travel between Colorado State Highway 119 and U.S. Highway 40.
            (2) Closure of motorized roads and trails.--If Rollins Pass 
        road is repaired in accordance with paragraph (1), 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. 9. WILDERNESS POTENTIAL.

    (a) In General.--Nothing in this Act precludes or restricts the 
authority of the Secretary--
            (1) to evaluate the suitability of land in the Protection 
        Area for inclusion in the National Wilderness Preservation 
        System; or
            (2) to make recommendations to Congress on the inclusion of 
        land evaluated under paragraph (1) in the National Wilderness 
        Preservation System.
    (b) Evaluation of Certain Lands.--As part of the first revision of 
the management plan carried out after the date of the enactment of this 
Act, the Secretary shall--
            (1) evaluate the suitability of the special interest area 
        for inclusion in the National Wilderness Preservation System; 
        and
            (2) make recommendations to Congress on the inclusion of 
        land evaluated under paragraph (1) for inclusion in the 
        National Wilderness Preservation System.
                                 <all>