II 111th CONGRESS 1st Session S. 188 IN THE SENATE OF THE UNITED STATES January 8, 2009 Mr. Udall of Colorado (for himself and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a study of options for protecting the open space characteristics of certain lands in and adjacent to the Arapaho and Roosevelt National Forests in Colorado, and for other purposes.

1.

Short title

This Act may be cited as the Colorado Northern Front Range Mountain Backdrop Protection Study Act.

2.

Purpose

The purpose of this Act is to identify options that may be available to assist in maintaining the open space characteristics of land that is part of the mountain backdrop of communities in the northern section of the Front Range area of Colorado.

3.

Definitions

In this Act: (1)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (2)

State

The term State means the State of Colorado. (3)

Study area

(A)

In general

The term study area means the land in southern Boulder, northern Jefferson, and northern Gilpin Counties, Colorado, that is located west of Colorado State Highway 93, south and east of Colorado State Highway 119, and north of Colorado State Highway 46, as generally depicted on the map entitled Colorado Northern Front Range Mountain Backdrop Protection Study Act: Study Area and dated August 27, 2008. (B)

Exclusions

The term study area does not include land within the city limits of the cities of Arvada, Boulder, or Golden, Colorado. (4)

Undeveloped land

The term undeveloped land means land— (A)that is located within the study area; (B)that is free or primarily free of structures; and (C)the development of which is likely to affect adversely the scenic, wildlife, or recreational value of the study area.

4.

Colorado Northern Front Range Mountain Backdrop Study

(a)

Study; report

Not later than 1 year after the date of enactment of this Act and except as provided in subsection (c), the Secretary shall— (1)conduct a study of the land within the study area; and (2)complete a report that— (A)identifies the present ownership of the land within the study area; (B)identifies any undeveloped land that may be at risk of development; and (C)describes any actions that could be taken by the United States, the State, a political subdivision of the State, or any other parties to preserve the open and undeveloped character of the land within the study area. (b)

Requirements

The Secretary shall conduct the study and develop the report under subsection (a) with the support and participation of one or more of the following State and local entities: (1)The Colorado Department of Natural Resources. (2)Colorado State Forest Service. (3)Colorado State Conservation Board. (4)Great Outdoors Colorado. (5)Boulder, Jefferson, and Gilpin Counties, Colorado. (c)

Limitation

If the State and local entities specified in subsection (b) do not support and participate in the conduct of the study and the development of the report under this section, the Secretary may— (1)decrease the area covered by the study area, as appropriate; or (2)(A)opt not to conduct the study or develop the report; and (B)submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives notice of the decision not to conduct the study or develop the report. (d)

Effect

Nothing in this Act authorizes the Secretary to take any action that would affect the use of any land not owned by the United States.