[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1380 Reported in Senate (RS)]






                                                       Calendar No. 790
110th CONGRESS
  2d Session
                                S. 1380

                          [Report No. 110-358]

   To designate as wilderness certain land within the Rocky Mountain 
    National Park and to adjust the boundaries of the Indian Peaks 
  Wilderness and the Arapaho National Recreation Area of the Arapaho 
               National Forest in the State of Colorado.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2007

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

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To designate as wilderness certain land within the Rocky Mountain 
    National Park and to adjust the boundaries of the Indian Peaks 
  Wilderness and the Arapaho National Recreation Area of the Arapaho 
               National Forest in the State of Colorado.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Rocky Mountain National 
Park Wilderness and Indian Peaks Wilderness Expansion Act''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to include in the National Wilderness 
        Preservation System certain land within the Rocky Mountain 
        National Park, Colorado, to protect--</DELETED>
                <DELETED>    (A) the enduring scenic and historic 
                wilderness character and unique wildlife values of the 
                land; and</DELETED>
                <DELETED>    (B) the scientific, educational, 
                inspirational, and recreational resources, values, and 
                opportunities of the land; and</DELETED>
        <DELETED>    (2) to adjust the boundaries of the Indian Peaks 
        Wilderness and Arapaho National Recreation Area of the Arapaho 
        National Forest.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Map.--The term ``Map'' means the map entitled 
        ``Rocky Mountain National Park, Colorado Wilderness 
        Boundaries'' and dated September 2006.</DELETED>
        <DELETED>    (2) Park.--The term ``Park'' means the Rocky 
        Mountain National Park in the State.</DELETED>
        <DELETED>    (3) Potential wilderness land.--The term 
        ``potential wilderness land'' means--</DELETED>
                <DELETED>    (A) the land identified on the Map as 
                potential wilderness; and</DELETED>
                <DELETED>    (B) any land acquired by the United States 
                on or after the date of enactment of this Act that is--
                </DELETED>
                        <DELETED>    (i) located within the boundaries 
                        of the Park; and</DELETED>
                        <DELETED>    (ii) contiguous with any land 
                        designated as wilderness by section 
                        4(a).</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Colorado.</DELETED>
        <DELETED>    (6) Trail.--The term ``Trail'' means the East 
        Shore Trail established under section 5(a).</DELETED>
        <DELETED>    (7) Wilderness.--The term ``Wilderness'' means the 
        Rocky Mountain National Park Wilderness designated by section 
        4(a).</DELETED>

<DELETED>SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.</DELETED>

<DELETED>    (a) Designation.--In furtherance of the purposes of the 
Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as 
wilderness and as a component of the National Wilderness Preservation 
System approximately 249,339 acres of land in the Park, as generally 
depicted on the Map, which shall be known as the ``Rocky Mountain 
National Park Wilderness''.</DELETED>
<DELETED>    (b) Map and Boundary Description.--</DELETED>
        <DELETED>    (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 boundary description of the Wilderness.</DELETED>
        <DELETED>    (2) Availability.--The map and boundary 
        description submitted under paragraph (1) shall be on file and 
        available for public inspection in the Office of the Director 
        of the National Park Service.</DELETED>
        <DELETED>    (3) Corrections.--The Secretary may correct 
        clerical and typographical errors in the map and boundary 
        description submitted under paragraph (1).</DELETED>
        <DELETED>    (4) Effect.--The map and boundary description 
        submitted under paragraph (1) shall have the same force and 
        effect as if included in this Act.</DELETED>
<DELETED>    (c) Inclusion of Potential Wilderness Land.--</DELETED>
        <DELETED>    (1) In general.--On publication in the Federal 
        Register of a notice by the Secretary that all uses of a parcel 
        of potential wilderness land inconsistent with the Wilderness 
        Act (16 U.S.C. 1131 et seq.) have ceased, the parcel shall be--
        </DELETED>
                <DELETED>    (A) included in the Wilderness; 
                and</DELETED>
                <DELETED>    (B) managed in accordance with this 
                section.</DELETED>
        <DELETED>    (2) Map and boundary description.--The Secretary 
        shall modify the map and boundary description prepared under 
        subsection (b) to reflect the inclusion of the parcel in the 
        Wilderness.</DELETED>
<DELETED>    (d) Exclusion of Certain Land.--The boundaries of the 
Wilderness shall specifically exclude:</DELETED>
        <DELETED>    (1) The Grand River Ditch (including the main 
        canal of the Grand River Ditch and a branch of the main canal 
        known as the ``Specimen Ditch''), the right-of-way for the 
        Grand River Ditch, land 200 feet on each side of the marginal 
        limits of the Ditch, and any associated appurtenances, 
        structures, buildings, camps, and work sites in existence as of 
        June 1, 1998.</DELETED>
        <DELETED>    (2) Land owned by the St. Vrain & Left Hand Water 
        Conservancy District, including Copeland Reservoir and the 
        Inlet Ditch to the Reservoir from the North St. Vrain Creek, 
        comprising approximately 35.38 acres.</DELETED>
        <DELETED>    (3) Lands owned by the Wincentsen-Harms Trust, 
        comprising approximately 2.75 acres.</DELETED>
        <DELETED>    (4) Land within the area depicted as the ``East 
        Shore Trail Area'' on the map prepared under subsection 
        (b)(1).</DELETED>
<DELETED>    (e) Administration.--</DELETED>
        <DELETED>    (1) In general.--Subject to valid existing rights, 
        any land designated as wilderness under subsection (a) or added 
        to the Wilderness after the date of enactment of this Act under 
        subsection (c) shall be administered by the Secretary in 
        accordance with--</DELETED>
                <DELETED>    (A) the Wilderness Act (16 U.S.C. 1131 et 
                seq.); and</DELETED>
                <DELETED>    (B) this Act.</DELETED>
        <DELETED>    (2) Effective date of wilderness act.--With 
        respect to the land designated as Wilderness by subsection (a) 
        or added to the Wilderness after the date of enactment of this 
        Act under subsection (c), any reference in the Wilderness Act 
        (16 U.S.C. 1131 et seq.) to the effective date of the 
        Wilderness Act shall be deemed to be a reference to the date of 
        enactment of this Act or the date of enactment of the Act 
        adding the land to the Wilderness, respectively.</DELETED>
        <DELETED>    (3) Water rights.--</DELETED>
                <DELETED>    (A) Findings.--Congress finds that--
                </DELETED>
                        <DELETED>    (i) according to decisions of the 
                        State courts, the United States has existing 
                        rights to water within the Park;</DELETED>
                        <DELETED>    (ii) the existing water rights are 
                        sufficient for the purposes of the Wilderness; 
                        and</DELETED>
                        <DELETED>    (iii) based on the findings 
                        described in clauses (i) and (ii), there is no 
                        need for the United States to reserve or 
                        appropriate any additional water rights to 
                        fulfill the purposes of the 
                        Wilderness.</DELETED>
                <DELETED>    (B) No reservation of water rights.--
                Nothing in this Act or any action carried out pursuant 
                to this Act shall constitute an express or implied 
                reservation by the United States of water or water 
                rights for any purpose.</DELETED>
        <DELETED>    (4) Grand river ditch.--</DELETED>
                <DELETED>    (A) Liability.--Notwithstanding any other 
                provision of law, or any stipulation or applicable 
                agreement, during any period in which the Water Supply 
                and Storage Company (or any successor in interest to 
                the Water Supply and Storage Company with respect to 
                the Grand River Ditch) operates and maintains the 
                portion of the Grand River Ditch within the Park in 
                compliance with an operations and maintenance agreement 
                between the Water Supply and Storage Company and the 
                National Park Service entered into on 
                </DELETED>____________<DELETED>, no individual or 
                entity who owns, controls, or operates the Grand River 
                Ditch shall be liable for any response costs or for any 
                damages to, loss of, or injury to the resources of the 
                Park resulting from any cause or event (including, but 
                not limited to, water escaping from any part of the 
                Grand River Ditch by overflow or as a result of a 
                breach, failure, or partial failure of any portion of 
                the Grand River Ditch, including the portion of the 
                ditch located outside the Park), unless the damages to, 
                loss of, or injury to the resources are proximately 
                caused by the negligence or an intentional act of the 
                individual or entity.</DELETED>
                <DELETED>    (B) Limitation.--Nothing in this section 
                limits or otherwise affects any liability of any 
                individual or entity for damages to, loss of, or injury 
                to any resource of the Park resulting from any cause or 
                event that occurred before the date of enactment of 
                this Act.</DELETED>
                <DELETED>    (C) Existing activities.--Nothing in this 
                Act, including the designation of the Wilderness under 
                this section, shall restrict or otherwise affect any 
                activity (including an activity carried out in response 
                to an emergency or catastrophic event) on, under, or 
                affecting the Wilderness or land excluded under 
                subsection (d)(1) relating to the monitoring, 
                operation, maintenance, repair, replacement, or use of 
                the Grand River Ditch that was authorized or approved 
                by the Secretary as of the date of enactment of this 
                Act.</DELETED>
                <DELETED>    (D) No effect.--Notwithstanding any other 
                provision of any previous or existing law, any 
                stipulation, or any agreement, or interpretation 
                thereof, use of water transported by the Grand River 
                Ditch for a main purpose or main purposes other than 
                irrigation shall not terminate or adversely affect the 
                right-of-way of the Grand River Ditch, and such right-
                of-way shall not be deemed relinquished, forfeited, or 
                lost, solely because such water is used for a main 
                purpose or main purposes other than 
                irrigation.</DELETED>
        <DELETED>    (5) Colorado-big thompson project and windy gap 
        project.--</DELETED>
                <DELETED>    (A) Existing activities.--Activities 
                (including activities that are necessary because of 
                emergencies or catastrophic events) on, under, or 
                affecting the Wilderness relating to the monitoring, 
                operation, maintenance, repair, replacement, or use of 
                the Alva B. Adams Tunnel at its designed capacity and 
                all other Colorado-Big Thompson Project facilities 
                located within the Park that were allowed as of the 
                date of enactment of this Act under the Act of January 
                26, 1915 (16 U.S.C. 191)--</DELETED>
                        <DELETED>    (i) shall be allowed to continue; 
                        and</DELETED>
                        <DELETED>    (ii) shall not be affected by the 
                        designation of the Wilderness under this 
                        section.</DELETED>
                <DELETED>    (B) Effect.--Nothing in this Act or the 
                designation of the Wilderness shall prohibit or 
                restrict the conveyance of any water through the Alva 
                B. Adams Tunnel for any purpose.</DELETED>
                <DELETED>    (C) New reclamation projects.--Nothing in 
                the first section of the Act of January 26, 1915 (16 
                U.S.C. 191), shall be construed to allow development in 
                the Wilderness of any reclamation project not in 
                existence as of the date of enactment of this 
                Act.</DELETED>
        <DELETED>    (6) No buffer zone.--</DELETED>
                <DELETED>    (A) In general.--Nothing in this Act 
                creates a protective perimeter or buffer zone around 
                the Wilderness.</DELETED>
                <DELETED>    (B) Activities outside wilderness.--The 
                fact that a nonwilderness activity or use can be seen 
                or heard from within the Wilderness shall not preclude 
                the conduct of the activity or use outside the boundary 
                of the Wilderness.</DELETED>
        <DELETED>    (7) Fire, insect, and disease control.--In 
        accordance with section 4(d)(1) of the Wilderness Act (16 
        U.S.C. 1133(d)(1)), the Secretary may take such measures in the 
        Wilderness as are necessary to control fire, insects, and 
        diseases, including the use of mechanized tools, subject to 
        such conditions as the Secretary determines to be 
        desirable.</DELETED>
        <DELETED>    (8) Management authority.--Nothing in this Act 
        shall be construed as reducing or restricting the authority of 
        the Secretary to manage the lands and other resources within 
        the Park pursuant to the Act of January 26, 1915 (16 U.S.C. 
        191), and other laws applicable to the Park as of the date of 
        enactment of this Act.</DELETED>

<DELETED>SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NATIONAL 
              PARK.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish within the East 
Shore Trail Area in Rocky Mountain National Park an alignment line for 
a trail, to be known as the ``East Shore Trail'', to maximize the 
opportunity for sustained use of the Trail without causing--</DELETED>
        <DELETED>    (1) harm to affected resources; or</DELETED>
        <DELETED>    (2) conflicts among users.</DELETED>
<DELETED>    (b) Boundaries.--</DELETED>
        <DELETED>    (1) In general.--After establishing the alignment 
        line for the Trail under subsection (a), the Secretary shall--
        </DELETED>
                <DELETED>    (A) identify the boundaries of the Trail, 
                which shall not extend more than 25 feet east of the 
                alignment line or be located within the wilderness 
                area; and</DELETED>
                <DELETED>    (B) modify the map of the Wilderness 
                prepared under section 4(b)(1) so that the western 
                boundary of the Wilderness is 50 feet east of the 
                alignment line.</DELETED>
        <DELETED>    (2) Adjustments.--To the extent necessary to 
        protect National Park System resources, the Secretary may 
        adjust the boundaries of the Trail, if the adjustment does not 
        place any portion of the Trail within the boundary of the 
        Wilderness.</DELETED>
<DELETED>    (c) Inclusion in Wilderness.--On completion of the 
construction of the Trail, as authorized by the Secretary--</DELETED>
        <DELETED>    (1) any portion of the East Shore Trail Area that 
        is not traversed by the Trail, that is not west of the Trail, 
        and that is not within 50 feet of the centerline of the Trail 
        shall be--</DELETED>
                <DELETED>    (A) included in the Wilderness; 
                and</DELETED>
                <DELETED>    (B) managed as part of the Wilderness in 
                accordance with section 4; and</DELETED>
        <DELETED>    (2) the Secretary shall modify the map and 
        boundary description of the wilderness prepared under section 
        4(b)(1) to reflect the inclusion of the East Shore Trail Area 
        land in the Wilderness.</DELETED>
<DELETED>    (d) Effect.--Nothing in this section--</DELETED>
        <DELETED>    (1) requires the construction of the Trail along 
        the alignment line established under subsection (a); 
        or</DELETED>
        <DELETED>    (2) limits the extent to which any otherwise 
        applicable law or policy applies to any decision with respect 
        to the construction of the Trail.</DELETED>
<DELETED>    (e) Relation to Land Outside Wilderness.--</DELETED>
        <DELETED>    (1) In general.--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 or the potential wilderness land.</DELETED>
        <DELETED>    (2) Motorized vehicles and machinery.--No use of 
        motorized vehicles or other motorized machinery that was not 
        permitted on March 1, 2006, shall be allowed in the East Shore 
        Trail Area except as the Secretary determines to be necessary 
        for use in--</DELETED>
                <DELETED>    (A) constructing the Trail, if the 
                construction is authorized by the Secretary; 
                or</DELETED>
                <DELETED>    (B) maintaining the Trail.</DELETED>
        <DELETED>    (3) Management of land before inclusion.--Until 
        the Secretary authorizes the construction of the Trail and the 
        use of the Trail for non-motorized bicycles, the East Shore 
        Trail Area shall be managed--</DELETED>
                <DELETED>    (A) to protect any wilderness 
                characteristics of the East Shore Trail Area; 
                and</DELETED>
                <DELETED>    (B) to maintain the suitability of the 
                East Shore Trail Area for inclusion in the 
                Wilderness.</DELETED>

<DELETED>SEC. 6. INDIAN PEAKS WILDERNESS AND ARAPAHO NATIONAL 
              RECREATION AREA BOUNDARY ADJUSTMENT.</DELETED>

<DELETED>    (a) Indian Peaks Wilderness Boundary Adjustment.--Section 
3(a) of the Indian Peaks Wilderness Area, the Arapaho National 
Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 
1132 note; Public Law 95-450) is amended--</DELETED>
        <DELETED>    (1) by striking ``seventy thousand acres'' and 
        inserting ``74,195 acres''; and</DELETED>
        <DELETED>    (2) by striking ``dated July 1978'' and inserting 
        ``dated May 2007''.</DELETED>
<DELETED>    (b) Arapaho National Recreation Area Boundary 
Adjustment.--Section 4(a) of the Indian Peaks Wilderness Area, the 
Arapaho National Recreation Area and the Oregon Islands Wilderness Area 
Act (16 U.S.C. 460jj(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``thirty-six thousand two hundred 
        thirty-five acres'' and inserting ``35,235 acres''; 
        and</DELETED>
        <DELETED>    (2) by striking ``dated July 1978'' and inserting 
        ``dated May 2007''.</DELETED>

<DELETED>SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT.</DELETED>

<DELETED>    (a) In General.--Section 3(k) of Public Law 91-383 (16 
U.S.C. 1a-2(k)) shall apply to the parcel of land described in 
subsection (b).</DELETED>
<DELETED>    (b) Description of the Land.--The parcel of land referred 
to in subsection (a) is the parcel of land known as the ``Leiffer 
tract'' that is--</DELETED>
        <DELETED>    (1) located near the eastern boundary of Rocky 
        Mountain National Park in Larimer County, Colorado; 
        and</DELETED>
        <DELETED>    (2) administered by the National Park 
        Service.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rocky Mountain National Park 
Wilderness and Indian Peaks Wilderness Expansion Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Rocky 
        Mountain National Park Wilderness Act of 2007'' and dated 
        September 2006.
            (2) Park.--The term ``Park'' means Rocky Mountain National 
        Park located in the State of Colorado.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Trail.--The term ``Trail'' means the East Shore Trail 
        established under section 5(a).
            (5) Wilderness.--The term ``Wilderness'' means the 
        wilderness designated by section 3(a).

SEC. 3. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as 
a component of the National Wilderness Preservation System 
approximately 249,339 acres of land in the Park, as generally depicted 
on the map.
    (b) Map and Boundary Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall--
                    (A) prepare a map and boundary description of the 
                Wilderness; and
                    (B) submit the map and boundary description 
                prepared under subparagraph (A) to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives.
            (2) Availability; force of law.--The map and boundary 
        description submitted under paragraph (1)(B) shall--
                    (A) be on file and available for public inspection 
                in appropriate offices of the National Park Service; 
                and
                    (B) have the same force and effect as if included 
                in this Act.
    (c) Inclusion of Potential Wilderness.--
            (1) In general.--On publication in the Federal Register of 
        a notice by the Secretary that all uses inconsistent with the 
        Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the land 
        identified on the map as a ``Potential Wilderness Area'', the 
        land shall be--
                    (A) included in the Wilderness; and
                    (B) administered in accordance with subsection (e).
            (2) Boundary description.--On inclusion in the Wilderness 
        of the land referred to in paragraph (1), the Secretary shall 
        modify the map and boundary description submitted under 
        subsection (b) to reflect the inclusion of the land.
    (d) Exclusion of Certain Land.--The following areas are 
specifically excluded from the Wilderness:
            (1) The Grand River Ditch (including the main canal of the 
        Grand River Ditch and a branch of the main canal known as the 
        Specimen Ditch), the right-of-way for the Grand River Ditch, 
        land 200 feet on each side of the center line of the Grand 
        River Ditch, and any associated appurtenances, structures, 
        buildings, camps, and work sites in existence as of June 1, 
        1998.
            (2) Land owned by the St. Vrain & Left Hand Water 
        Conservancy District, including Copeland Reservoir and the 
        Inlet Ditch to the Reservoir from North St. Vrain Creek, 
        comprising approximately 35.38 acres.
            (3) Land owned by the Wincenstsen-Harms Trust, comprising 
        approximately 2.75 acres.
            (4) Land within the area depicted on the map as the ``East 
        Shore Trail Area''.
    (e) Administration.--Subject to valid existing rights, any land 
designated as wilderness under this section or added to the Wilderness 
after the date of enactment of this Act under subsection (c) shall be 
administered by the Secretary in accordance with this Act and the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in the Wilderness Act (16 U.S.C. 1131 et 
        seq.) to the effective date of that Act shall be considered to 
        be a reference to the date of enactment of this Act, or the 
        date on which the additional land is added to the Wilderness, 
        respectively; and
            (2) any reference in the Wilderness Act (16 U.S.C. 1131 et 
        seq.) to the Secretary of Agriculture shall be considered to be 
        a reference to the Secretary.
    (f) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the United States has existing rights to water 
                within the Park;
                    (B) the existing water rights are sufficient for 
                the purposes of the Wilderness; and
                    (C) based on the findings described in paragraphs 
                (A) and (B), there is no need for the United States to 
                reserve or appropriate any additional water rights to 
                fulfill the purposes of the Wilderness.
            (2) Effect.--Nothing in this Act--
                    (A) constitutes an express or implied reservation 
                by the United States of water or water rights for any 
                purpose; or
                    (B) modifies or otherwise affects any existing 
                water rights held by the United States for the Park.
    (g) Fire, Insect, and Disease Control.--The Secretary may take such 
measures in the Wilderness as are necessary to control fire, insects, 
and diseases, as are provided for in accordance with--
            (1) the laws applicable to the Park; and
            (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 4. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.

    (a) Conditional Waiver of Strict Liability.--During any period in 
which the Water Supply and Storage Company (or any successor in 
interest to the company with respect to the Grand River Ditch) operates 
and maintains the portion of the Grand River Ditch in the Park in 
compliance with an operations and maintenance agreement between the 
Water Supply and Storage Company and the National Park Service, the 
provisions of paragraph (6) of the stipulation approved June 28, 1907--
            (1) shall be suspended; and
            (2) shall not be enforceable against the Company (or any 
        successor in interest).
    (b) Agreement.--The agreement referred to in subsection (a) shall--
            (1) ensure that--
                    (A) Park resources are managed in accordance with 
                the laws generally applicable to the Park, including--
                            (i) the Act of January 26, 1915 (16 U.S.C. 
                        191 et seq.); and
                            (ii) the National Park Service Organic Act 
                        (16 U.S.C. 1 et seq.);
                    (B) Park land outside the right-of-way corridor 
                remains unimpaired consistent with the National Park 
                Service management policies in effect as of the date of 
                enactment of this Act; and
                    (C) any use of Park land outside the right-of-way 
                corridor (as of the date of enactment of this Act) 
                shall be permitted only on a temporary basis, subject 
                to such terms and conditions as the Secretary 
                determines to be necessary; and
            (2) include stipulations with respect to--
                    (A) flow monitoring and early warning measures;
                    (B) annual and periodic inspections;
                    (C) an annual maintenance plan;
                    (D) measures to identify on an annual basis capital 
                improvement needs; and
                    (E) the development of plans to address the needs 
                identified under subparagraph (D).
    (c) Limitation.--Nothing in this section limits or otherwise 
affects--
            (1) the liability of any individual or entity for damages 
        to, loss of, or injury to any resource within the Park 
        resulting from any cause or event that occurred before the date 
        of enactment of this Act; or
            (2) Public Law 101-337 (16 U.S.C. 19jj et seq), including 
        the defenses available under that Act for damage caused--
                    (A) solely by--
                            (i) an act of God;
                            (ii) an act of war; or
                            (iii) an act or omission of a third party 
                        (other than an employee or agent); or
                    (B) by an activity authorized by Federal or State 
                law.
    (d) Colorado-Big Thompson Project and Windy Gap Project.--
            (1) In general.--Nothing in this Act, including the 
        designation of the Wilderness, prohibits or affects current and 
        future operation and maintenance activities in, under, or 
        affecting the Wilderness that were allowed as of the date of 
        enactment of this Act under the Act of January 26, 1915 (16 
        U.S.C. 191), relating to the Alva B. Adams Tunnel or other 
        Colorado-Big Thompson Project facilities located within the 
        Park.
            (2) Alva b. adams tunnel.--Nothing in this Act, including 
        the designation of the Wilderness, prohibits or restricts the 
        conveyance of water through the Alva B. Adams Tunnel for any 
        purpose.
    (e) Right-of-Way.--Use of water transported by the Grand River 
Ditch for 1 or more purposes other than irrigation shall not terminate 
or adversely affect the right-of-way of the Grand River Ditch if the 
Secretary determines that the change in purpose or use does not 
adversely affect the Park.
    (f) New Reclamation Projects.--Nothing in the first section of the 
Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow 
development in the Wilderness of any reclamation project not in 
existence as of the date of enactment of this Act.
    (g) Clarification of Management Authority.--Nothing in this section 
reduces or limits the authority of the Secretary to manage land and 
resources within the Park under applicable law.

SEC. 5. EAST SHORE TRAIL AREA.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall establish within the East Shore Trail 
Area in the Park an alignment line for a trail, to be known as the 
``East Shore Trail'', to maximize the opportunity for sustained use of 
the Trail without causing--
            (1) harm to affected resources; or
            (2) conflicts among users.
    (b) Boundaries.--
            (1) In general.--After establishing the alignment line for 
        the Trail under subsection (a), the Secretary shall--
                    (A) identify the boundaries of the Trail, which 
                shall not extend more than 25 feet east of the 
                alignment line or be located within the Wilderness; and
                    (B) modify the map of the Wilderness prepared under 
                section 3(b)(1)(A) so that the western boundary of the 
                Wilderness is 50 feet east of the alignment line.
            (2) Adjustments.--To the extent necessary to protect Park 
        resources, the Secretary may adjust the boundaries of the 
        Trail, if the adjustment does not place any portion of the 
        Trail within the boundary of the Wilderness.
    (c) Inclusion in Wilderness.--On completion of the construction of 
the Trail, as authorized by the Secretary--
            (1) any portion of the East Shore Trail Area that is not 
        traversed by the Trail, that is not west of the Trail, and that 
        is not within 50 feet of the centerline of the Trail shall be--
                    (A) included in the Wilderness; and
                    (B) managed as part of the Wilderness in accordance 
                with section 3; and
            (2) the Secretary shall modify the map and boundary 
        description of the Wilderness prepared under section 3(b)(1)(A) 
        to reflect the inclusion of the East Shore Trail Area land in 
        the Wilderness.
    (d) Effect.--Nothing in this section--
            (1) requires the construction of the Trail along the 
        alignment line established under subsection (a); or
            (2) limits the extent to which any otherwise applicable law 
        or policy applies to any decision with respect to the 
        construction of the Trail.
    (e) Relation to Land Outside Wilderness.--
            (1) In general.--Except as provided in this subsection, 
        nothing in this Act affects the management or use of any land 
        not included within the boundaries of the Wilderness or the 
        potential wilderness land.
            (2) Motorized vehicles and machinery.--No use of motorized 
        vehicles or other motorized machinery that was not permitted on 
        March 1, 2006, shall be allowed in the East Shore Trail Area 
        except as the Secretary determines to be necessary for use in--
                    (A) constructing the Trail, if the construction is 
                authorized by the Secretary; or
                    (B) maintaining the Trail.
            (3) Management of land before inclusion.--Until the 
        Secretary authorizes the construction of the Trail and the use 
        of the Trail for non-motorized bicycles, the East Shore Trail 
        Area shall be managed--
                    (A) to protect any wilderness characteristics of 
                the East Shore Trail Area; and
                    (B) to maintain the suitability of the East Shore 
                Trail Area for inclusion in the Wilderness.

SEC. 6. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.

    (a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of 
the Indian Peaks Wilderness Area, the Arapaho National Recreation Area 
and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public 
Law 95-450) is amended--
            (1) by striking ``seventy thousand acres'' and inserting 
        ``74,195 acres''; and
            (2) by striking ``, dated July 1978'' and inserting ``and 
        dated May 2007''.
    (b) Arapaho National Recreation Area Boundary Adjustment.--Section 
4(a) of the Indian Peaks Wilderness Area, the Arapaho National 
Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 
460jj(a)) is amended--
            (1) by striking ``thirty-six thousand two hundred thirty-
        five acres'' and inserting ``35,235 acres''; and
            (2) by striking ``, dated July 1978'' and inserting ``and 
        dated May 2007''.

SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT.

    (a) In General.--Section 3(k) of Public Law 91-383 (16 U.S.C. 1a-
2(k)) shall apply to the parcel of land described in subsection (b).
    (b) Description of the Land.--The parcel of land referred to in 
subsection (a) is the parcel of land known as the ``Leiffer tract'' 
that is--
            (1) located near the eastern boundary of the Park in 
        Larimer County, Colorado; and
            (2) administered by the National Park Service.
                                                       Calendar No. 790

110th CONGRESS

  2d Session

                                S. 1380

                          [Report No. 110-358]

_______________________________________________________________________

                                 A BILL

   To designate as wilderness certain land within the Rocky Mountain 
    National Park and to adjust the boundaries of the Indian Peaks 
  Wilderness and the Arapaho National Recreation Area of the Arapaho 
               National Forest in the State of Colorado.

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment