[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3986 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3986

   To designate as wilderness certain land within the Rocky Mountain 
                 National Park, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2006

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

_______________________________________________________________________

                                 A BILL


 
   To designate as wilderness certain land within the Rocky Mountain 
                 National Park, 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 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.

SEC. 2. 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.

SEC. 3. 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.

SEC. 4. 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.

SEC. 5. 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.

SEC. 6. 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.
                                 <all>