Short title and purpose

(a)

Short title

This Act may be cited as the

Rocky Mountain National Park Wilderness Act

. (b)

Purpose

The purpose of this Act is to designate as wilderness certain land within the Rocky Mountain National Park, Colorado, in order to protect— (1)the enduring scenic and historic wilderness character and unique wildlife values of the land; and (2)the scientific, educational, inspirational, and recreational resources, values, and opportunities of the land.

Designation of rocky mountain national park wilderness

(a)

Designation

Certain land within the Rocky Mountain National Park, Colorado, which comprises approximately 249,339 acres, as generally depicted on the map titled Rocky Mountain National Park, Colorado Wilderness Boundaries and dated February 2006, is hereby designated as wilderness. The designated land shall be known as the Rocky Mountain National Park Wilderness (referred to in this Act as the Wilderness). (b)

Map and description

(1)

Preparation and submission

As soon as practicable after the date of enactment of this Act, the Secretary of the Interior (referred to in this Act as the Secretary) shall— (A)prepare a map and a boundary description of the Wilderness; and (B)file the map and boundary description prepared under subparagraph (A) with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2)

Availability

The map and boundary description prepared under paragraph (1)(A) shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. (3)

Force and effect

The map and boundary description prepared under paragraph (1)(A) shall have the same force and effect as if included in this Act. (4)

Correction of errors

The Secretary may correct clerical and typographical errors in the map and boundary description. (c)

Exclusion of certain land

The boundaries of the Wilderness specifically exclude the following: (1)The Grand River Ditch (as used in this Act, the Grand River Ditch includes the main canal of the Grand River Ditch and a branch thereof known as the Specimen Ditch, their appurtenances and right-of-way, access roads, improvements, structures, buildings, camps, and work sites associated with the Grand River Ditch and the Specimen Ditch that were in existence as of June 1, 1998); land 200 feet on each side of the marginal limits of the Grand River Ditch, where the 200 foot exclusion on each side of the Grand River Ditch shall not follow the topography of the land, but rather, shall be measured by a horizontal, level projection from the marginal limits of the Grand River Ditch; and the land down-slope from the Grand River Ditch upon which rock, debris, and other materials have been deposited during the construction, improvement, maintenance, and repair of the Grand River Ditch. (2)Land 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. (3)Land owned by the Wincentsen-Harms Trust, amounting to approximately 2.75 acres. (4)Land within the area depicted as East Shore Trail Area on the map described in subsection (b). (d)

East shore trail area

(1)

Alignment line and trail

(A)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an alignment line for a trail, to be known as the East Shore Trail, located within the East Shore Trail Area, to maximize the opportunity for sustained use of the trail without harm to affected resources. (B)

Boundaries

After establishing the alignment line under subparagraph (A), the Secretary shall identify the boundaries of the trail, but the trail shall not extend more than 25 feet east of the alignment line or be located within the Wilderness. (C)

Effect

Nothing in this Act shall be construed to— (i)require the construction of a trail along the alignment line established pursuant to this paragraph; or (ii)limit the extent to which any otherwise applicable laws or policies shall apply with respect to any decision regarding construction of the trail. (2)

Map adjustment

After establishing the alignment line of the East Shore Trail, the Secretary shall adjust the map of the Wilderness so that the western boundary of the wilderness is 50 feet east of the alignment line. (3)

Other adjustments

To the extent necessary to protect National Park resources, the Secretary from time to time may adjust the boundaries of the East Shore Trail without reducing the size of the trail, but no adjustment shall have the effect of placing any portion of such trail within the boundary of the Wilderness. (e)

Relation to land outside wilderness

(1)

Use of land

Except as provided in this subsection, nothing in this Act shall affect the management or use of any land not included within the boundaries of the Wilderness. (2)

Use of motorized vehicles

No use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area, except as may be necessary for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary.

Management of rocky mountain national park wilderness

(a)

In general

Subject to valid existing rights, land designated as wilderness by section 2(a) or subsequently included in the Wilderness shall be managed by the Secretary in a manner that preserves the wilderness character of the land, in accordance with this Act. (b)

Water rights

(1)

Findings

Congress finds the following: (A)According to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park. (B)Those rights are sufficient for the purposes of the Wilderness as designated by section 2. (C)In light of the findings in subparagraphs (A) and (B), 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 is designated. (2)

No reservation

Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (3)

No exemption from state water laws

Nothing in this Act constitutes an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. (c)

Colorado-big thompson project

(1)

Current activities

Activities on, under, or affecting the Wilderness relating to the monitoring, operation, maintenance, repair, replacement, and 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 the land as wilderness. (2)

New activities

In addition to the activities described in paragraph (1), any other activities on, under, or affecting the Wilderness that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continued use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary to protect the wilderness values of the land. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3)

Relation to authority in Act establishing park

Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development within the Wilderness of any reclamation project not in existence as of the date of enactment of this Act. (d)

No buffer zones

Congress does not intend that the designation by this Act of the Wilderness creates or implies the creation of protective perimeters or buffer zones around the Wilderness. The fact that nonwilderness activities or uses can be seen or heard from within the Wilderness shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness. (e)

Trails

The Secretary may upgrade trails or construct new trails in the Wilderness, including primitive, unpaved, and wheelchair-accessible trails. (f)

Prohibition of certain uses

(1)

In general

Except as specifically provided for in this Act, and subject to existing private rights— (A)no commercial enterprises or permanent roads shall be allowed within the Wilderness; and (B)except as provided in paragraph (2) and as necessary to meet minimum requirements for the administration of the Wilderness for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the Wilderness), the following shall be prohibited within the Wilderness: (i)Temporary roads. (ii)The use of motor vehicles, motorized equipment, or motorboats. (iii)The landing of aircraft. (iv)Any other form of mechanical transport. (v)Structures or installations. (2)

Exceptions

(A)

Fire, insect, and disease management activities

The Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, including the use of mechanized equipment, aircraft, and motorboats. (B)

Aircraft; other vehicles

(i)

In general

The Secretary may allow the use of aircraft or other vehicles for emergency events, such as search and rescue, within the Wilderness. (ii)

Existing uses

The use of aircraft or motorboats in areas of the Wilderness in which the uses have already become established may be permitted to continue, subject to any restrictions that the Secretary determines to be appropriate. (g)

Mineral resources

(1)

In general

Nothing in this Act shall prevent within the Wilderness the conduct of any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if the activity is carried on in a manner compatible with the preservation of the Wilderness environment. (2)

Surveys

In accordance with any program that the Secretary develops and conducts in consultation with the Secretary of Agriculture— (A)areas within the Wilderness shall be surveyed on a planned, recurring basis consistent with the concept of wilderness preservation by the United States Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present in the Wilderness; and (B)the results of such surveys shall be— (i)made available to the public; and (ii)submitted to the President and Congress. (h)

Commercial services

Commercial services may be performed within the Wilderness to the extent necessary for activities that are proper for realizing the recreational or other wilderness purposes of the Wilderness. (i)

State and private land within the wilderness

(1)

In general

In any case in which State or private land is completely surrounded by the Wilderness— (A)the State or private landowner shall be given any rights that may be necessary to ensure adequate access to the State or private land by the State or private landowner and any successors in interest; or (B)subject to paragraph (2), the State land or private land shall be exchanged for Federal land in the State of approximately equal value under authorities available to the Secretary. (2)

Limitation

The United States shall not transfer to the State or private landowner under paragraph (1)(B) any mineral interests unless the State or private landowner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land. (j)

Acquisition of land

Subject to the availability of appropriations, the Secretary may acquire private land within the perimeter of the Wilderness if the owner consents to the acquisition. (k)

Gifts, bequests and contributions

(1)

Gifts or bequests of land

(A)

In general

The Secretary may accept gifts or bequests of land within the Wilderness for inclusion in the Wilderness. (B)

Inclusion in wilderness

Any land accepted by the Secretary under subparagraph (A) shall become part of the Wilderness. (C)

Regulations

Regulations with regard to any land accepted under subparagraph (B) may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, the bequest. (2)

Other gifts and contributions

The Secretary may accept private contributions and gifts to be used to further the purposes of this Act. (l)

Liability for water infrastructure

The owner or operator of any water infrastructure located in the Wilderness on the date of enactment of this Act shall not be subject to Public Law 101–337 (16 U.S.C. 19jj et seq.), except in a case in which the destruction of, loss of, or injuries to a park system resource are caused by the negligence of the owner or operator of the water infrastructure.

Water project development

If authorized by the Secretary or the President, water projects may be developed and maintained in the Wilderness, including projects that involve the construction and use of roads in the Wilderness.

Grand river ditch operations

(a)

Findings

Congress finds that— (1)the Grand River Ditch was structured before the establishment of the Park; (2)portions of the Grand River Ditch are located within and outside the boundaries of the Park; and (3)the Grand River Ditch has been operated in accordance with Federal and State laws. (b)

Liability

Notwithstanding any other provision of law, on and after the date of enactment of this Act, no entity or person who owns, controls, or operates the Grand River Ditch shall be held liable for any personal injury or property damage resulting from any cause or event (including, but not limited to, water escaping from the Grand River Ditch by overflow or as a result of the failure or partial failure of the Grand River Ditch) unless the same has been proximately caused by the negligence of that entity or person. To the extent that any previous or existing law imposes liability other than as set forth above in this section, such law shall be, retroactively as of the date of enactment of this Act, and on and after that date, of no force and effect as to the Grand River Ditch, or upon or as to any entity or person that owns, controls, or operates the Grand River Ditch. Any provision in any stipulation concerning the Grand River Ditch, that imposes or seeks to impose liability other than as set forth above in this section on such entity or person, including specifically paragraphs (5) and (6) of the stipulation executed by the Water Supply and Storage Company on March 21, 1907, and approved June 28, 1907, by the United States Department of Agriculture, Forest Service, shall be, as of the date of enactment of this Act, and on and after that date, waived by the United States and not claimed or enforced by it. (c)

Activities on wilderness land related to grand river ditch

Activities on, under, or affecting the land designated as wilderness by section 2, or potential wilderness land, or those excluded land recited in section 2(c)(1), relating to the monitoring, operation, maintenance, repair, replacement, improvement, and use of the Grand River Ditch, including activities that become necessary because of emergencies or catastrophic events, shall be authorized and allowed and not be affected by this Act.

Authority to lease leiffer property

Section 3(k) of Public Law 91–383 (16 U.S.C. 1a–2(k)) shall apply to the tract of land near the eastern boundary of Rocky Mountain National Park in Larimer County, Colorado, administered by the National Park Service and known as the Leiffer tract to the same extent as if such property was part of the National Park System.