[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 190 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 190

   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

                            January 8, 2009

  Mr. Udall of Colorado (for himself and Mr. Salazar) introduced the 
   following bill; which was referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. 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, which shall be known as the ``Rocky Mountain National Park 
Wilderness''.
    (b) Map and Boundary 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 boundary description of the Wilderness.
            (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.
            (3) Corrections.--The Secretary may correct clerical and 
        typographical errors in the map and boundary description 
        submitted under paragraph (1).
            (4) Effect.--The map and boundary description submitted 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act.
    (c) Inclusion of Potential Wilderness Land.--
            (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--
                    (A) included in the Wilderness; and
                    (B) managed in accordance with this section.
            (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.
    (d) Exclusion of Certain Land.--The boundaries of the Wilderness 
shall specifically exclude:
            (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.
            (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.
            (3) Lands owned by the Wincentsen-Harms Trust, comprising 
        approximately 2.75 acres.
            (4) Land within the area depicted as the ``East Shore Trail 
        Area'' on the map prepared under subsection (b)(1).
    (e) Administration.--
            (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--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (B) this Act.
            (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.
            (3) Water rights.--
                    (A) Findings.--Congress finds that--
                            (i) according to decisions of the State 
                        courts, the United States has existing rights 
                        to water within the Park;
                            (ii) the existing water rights are 
                        sufficient for the purposes of the Wilderness; 
                        and
                            (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.
                    (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.
            (4) Grand river ditch.--
                    (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 ____________, 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.
                    (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.
                    (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.
                    (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.
            (5) Colorado-big thompson project and windy gap project.--
                    (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)--
                            (i) shall be allowed to continue; and
                            (ii) shall not be affected by the 
                        designation of the Wilderness under this 
                        section.
                    (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.
                    (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.
            (6) No buffer zone.--
                    (A) In general.--Nothing in this Act creates a 
                protective perimeter or buffer zone around the 
                Wilderness.
                    (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.
            (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.
            (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.

SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NATIONAL PARK.

    (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--
            (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 
                area; and
                    (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.
            (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.
    (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 4; and
            (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.
    (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 shall affect 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. INDIAN PEAKS WILDERNESS AND ARAPAHO NATIONAL RECREATION AREA 
              BOUNDARY ADJUSTMENT.

    (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 ``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 ``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 Rocky Mountain 
        National Park in Larimer County, Colorado; and
            (2) administered by the National Park Service.
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