[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                             GENERAL LEAVE

  Mr. VENTO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume. 
H.R. 1716 is a bill introduced by our colleague, the gentleman from 
Colorado [Mr. Skaggs] that would provide additional protection to 
sensitive lands within and near Rocky Mountain National Park.
  The bill would prohibit any Federal license, approval or assistance 
for any new dam or impoundment on North St. Vrain Creek or its 
tributaries within the park boundaries or on the portion of the creek's 
main stem immediately downstream from the park to an existing 
reservoir.
  The bill would also encourage negotiations between Federal land 
managers and the city of Longmont, CO, to see if agreement can be 
reached for Federal acquisition, through donation or exchange, of 
certain city-owned lands within the park and within the adjacent 
national forest.
  The bill is a modest one, but it does make a valuable contribution to 
the protection of important wildlife habitat and other natural and 
recreational resources of the Federal lands in this part of the Rocky 
Mountains.
  Mr. Speaker, the provisions of this bill basically reflect the 
recommendations of a board-based local advisory committee formed by Mr. 
Skaggs and the local county government. I congratulate the gentleman 
from Colorado and the committee for their continued leadership on this 
and other proposals for improving the management of important natural 
resources of the Federal lands in Colorado and elsewhere.
  This is a noncontroversial measure, and I urge its approval.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume. 
Mr. Speaker, I rise in support of H.R. 1716, this legislation is long 
overdue and will help resolve this 25-year exchange. I commend Mr. 
Skaggs for his diligence in working with the city of Longmont and the 
water conservancy districts. I urge my colleagues to support H.R. 1716.
  Mr. Speaker, I yield back the balance of my time.
  Mr. VENTO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Colorado [Mr. Skaggs].
  (Mr. SKAGGS asked and was given permission to include extraneous 
matter.)
  Mr. SKAGGS. Mr. Speaker, let me first say thanks to the gentleman 
from Minnesota [Mr. Vento] and the committee staff, as well as the 
gentleman from Utah [Mr. Hansen], for their help and support in getting 
this bill to the floor. I really appreciate it. I am absolutely 
delighted that today the House is about to approve H.R. 1716, a bill 
that will provide well-deserved and long-awaited protection to North 
St. Vrain Creek in Colorado.
  I think the gentleman from Minnesota [Mr. Vento] has well-described 
the purposes and objectives of this legislation, although I would 
quibble with his use of the word, ``modest.'' I think it's a very 
important step forward in preserving an important part of Colorado. Let 
me just take the time of my colleagues for a moment or two to describe 
why.
  It is not often that a watercourse called a creek, as opposed to a 
river, comes to the attention of Congress. But this creek begins at the 
very top of Rocky Mountain National Park, almost 3 miles above sea 
level among the snowfields of Longs Peak. It cascades through the 
portion of the park appropriately named Wild Basin. It then meanders 
briefly through the largest remaining willow carr in Colorado before 
leaving the park and entering the Roosevelt National Forest, tumbling 
through the largest roadless canyon along Colorado's Front Range. The 
creek and its watershed provides a home for bighorn sheep, elk, deer, 
and mountain lions, for peregrine falcons, owls, hawks, and songbirds, 
for native fish, insects, and other small creatures, and for a dazzling 
diversity of aquatic, riparian, and mountain plants.
  In short, North St. Vrain is one of the most magnificent parts of 
Colorado. And that, my friends and colleagues, is saying a lot.
  H.R. 1716 will prohibit the construction of any new dams on the upper 
portions of North St. Vrain Creek, and will also help clear up 
questions of public and land ownership along the creek. The provisions 
of this bill are based directly on the good work of the North St. Vrain 
Advisory Committee, a group that I convened 7 years ago almost to the 
day. The Boulder County Commissioners and I asked this diverse group to 
work to reach a consensus on just how best to protect the creek.

  And work they did. Over a span of 5 years, 50 people served as 
regular participants in the advisory committee. They met 103 times, 
with 12 public hearings at which an additional 300 appeared. I've never 
known such a dedicated and conscientious group of public servants as 
the unpaid members of this advisory committee. This group knows this 
creek and its environs as thoroughly as any group of citizens anywhere 
can know a particular area.
  Based on their work, the advisory committee reached four decisions. 
First, the creek may well deserve protection as part of the National 
Wild and Scenic Rivers System, if consensus can eventually be reached 
on that. Second, for now a permanent legislative prohibition should be 
placed on Federal approval or assistance for the construction of dams 
on the creek and on any of its national park tributaries. Third, the 
Park Service and the Forest Service should move promptly to reach 
agreement with the city of Longmont, CO, on the acquisition of lands 
the city owns along the creek. And, fourth, a series of recommendations 
should be followed in managing Federal lands along the creek.
  Two of these proposals are specified in the bill's language. I have 
submitted, as part of the hearing record on this bill, two documents 
related to the latter proposal. One is a copy of the final report of 
the advisory committee, and the other is a copy of the advisory 
committee's management plan outline. I, and no doubt others, will also 
present these documents again to the U.S. Forest Service and to the 
National Park Service when they develop future management plans for 
North St. Vrain Creek and the lands along it.
  I offer my thanks to my colleagues in the House of Representatives 
for your patient help and attention on this bill. In particular, I 
appreciate the diligent and thoughtful work of the distinguished 
gentleman from Minnesota [Mr. Vento] and his staff for helping to 
refined the bill. I also thank the distinguished chairman of the 
Natural Resources Committee, Mr. Miller, for helping keep its momentum 
going.
  I happily urge the Members of the House to approve this legislation, 
and send it on through the next steps of legislation and into law, so 
that the wonders of North St. Vrain Creek will be preserved for all 
time.
  I ask unanimous consent to include in the Record a copy of the final 
report of the advisory committee and the committee's recommended 
management plan.

Final Report of North St. Vrain Advisory Committee to Congressman David 
         E. Skaggs and Boulder County Commissioners, July 1992


                              introduction

       The North St. Vrain Advisory Committee has prepared the 
     following final report and recommendations concerning the 
     management of North St. Vrain Creek and the terrain near it.
       This report has evolved through five years of work, 
     including some 103 meetings, 12 public hearings with total 
     attendance of over 600, 1200 letters and cards commenting on 
     stages of the work, and 300 collective hours of individual 
     research by members of the committee.
       The members of the committee's Coordinating Subcommittee 
     collectively represent the many different groups with 
     interest in the future of North St. Vrain Creek, including 
     private and commercial landowners near the creek, 
     conservation organizations, water engineers, local, regional, 
     and state water boards, affected cities, and Boulder County. 
     It has consulted extensively with the National Park Service, 
     U.S. Forest Service, Colorado Natural Areas Program, 
     Colorado's U.S. Senators, and attorneys.
       In addition, a special Water Negotiating Subcommittee has 
     focused on questions of water supplies, rights, and 
     facilities. Additional assistance has been provided by 
     Colorado Department of Natural Resources, U.S. Fish and 
     Wildlife Service, University of Colorado School of Law, 
     national environmental organizations, and Congressional 
     committee staff. The many participants in this work are 
     listed at the end of this report.


                                summary

       This report includes: Recommended legislative language; and 
     recommended Congressional report language.
       Basically, the committee recommends that Congressman Skaggs 
     introduce legislation that would prohibit federal approval or 
     funding for dams, reservoirs, or impoundments on the main 
     stem of North St. Vrain Creek, would direct the U.S. Forest 
     to promptly complete negotiations with the City of Longmont 
     on a proposed land exchange in Coulson Gulch, and would 
     direct that the National Park Service seek to acquire the 
     Copeland Willow Carr lands along the creek just inside the 
     eastern boundary of Rocky Mountain National Park.
       The general theme of the report and recommendations is the 
     preservation of the natural features of the creek and its 
     surroundings while assuring protection of private property 
     and water use needs in the area.


                       legislative recommendation

       The committee recommends the following legislation:
       ``No federal agency or officer shall issue any permit or 
     provide assistance for construction of any new dam, 
     reservoir, or impoundment on the main stem of North St. Vrain 
     Creek in Boulder County, Colorado, between the point at which 
     the creek crosses the eastern boundary of Rocky Mountain 
     National Park and the point at which the creek crosses the 
     elevation 6550 feet (the anticipated high water mark of an 
     expanded Ralph Price Reservoir).
       ``Notwithstanding the previous paragraph, applicable 
     federal agencies may consider and, if appropriate, issue 
     permits for the construction of a new gaging station on North 
     St. Vrain Creek at its confluence with Coulson Gulch.
       ``The Secretary of Agriculture shall immediately and 
     actively pursue negotiations with the City of Longmont, 
     Colorado, concerning the City's proposed exchange of lands 
     located in and near Coulson Gulch. The Secretary shall report 
     to Congress two calendar years after the date of enactment of 
     this act, and every two years after that on the progress of 
     such negotiations until negotiations are complete.
       ``The Secretary of the Interior shall immediately and 
     actively seek agreement and means to acquire certain lands 
     along North St. Vrain Creek inside the eastern boundary of 
     Rocky Mountain National Park owned by the city of Longmont, 
     Colorado, and known as the Copeland Willow Carr.
       ``The stretch of North St. Vrain Creek between the 
     elevation 6550 feet and the high water mark of the existing 
     Ralph Price Reservoir shall be removed from the Nationwide 
     Rivers Inventory.''


                congressional language of clarification

       For the purposes of clarifying the legislative language and 
     outlining attendant federal actions regarding the creek, the 
     committee recommends the following positions:

                                General

       North St. Vrain Creek and lands along it have natural, 
     scenic, and recreation attributes. The area also includes 
     some private land, on which those attributes are well 
     protected.
       Current levels of recreational uses on public lands should 
     be maintained. No new public access or new trail construction 
     is recommended. Future trail construction should only be 
     considered as a method to focus public use in appropriate 
     areas, with the intent of minimizing resource damage and 
     private property conflicts. Camping in the foothill canyon 
     should be closely monitored by impacts and restricted or 
     directed as needed.
       Current levels and forms protection for lands near North 
     St. Vrain Creek should continue under the jurisdiction of 
     Boulder County, Colorado, through existing intergovernmental 
     agreements among Boulder County, the U.S. Forest Service, and 
     the National Park Service.

                             Public access

       The committee recommends that existing public access points 
     to North St. Vrain Creek be retained and marked at Coulson 
     Gulch from U.S. Highway 36, Bright Trail Extension from 
     Johnny Park Road, and Wild Basin entrance to Rocky Mountain 
     National Park.
       Public access should be retained but not marked or actively 
     encouraged at Conifer Hill Road from Colorado Highway 7, 
     Bright Trail from Colorado Highway 7, and Rock Creek route 
     from Highway 7. These access routes should remain in a 
     primitive and difficult condition.
       Condemnation of private lands for access is not recommended 
     at any location.
       New construction of creekside trails is not recommended in 
     the foothill canyon above Rock Creek confluence or below 
     Coulson Gulch confluence.
       Expanded motor vehicle access or capacity is not 
     recommended near the Creek in Roosevelt National Forest or in 
     Rocky Mountain National Park.

                                Camping

       Formal campgrounds are not recommended in the foothill 
     canyon.
       Informal camp sites in the foothill canyon should be 
     carefully monitored, restricted, or banned, as appropriate to 
     limit impacts to the natural and scenic features of the creek 
     and surrounding lands.
       The picnic area at Copeland Reservoir should be organized 
     as a formal campground with upgraded facilities or to 
     discontinue camping.
       Campground facilities, including non-plumbed toilets should 
     be located no less than 100 feet from the creek, removed from 
     wetland areas.

                            Land acquisition

       In addition to land acquisitions and exchanges specified in 
     the act, acquisition of private lands on Cook Mountain and of 
     lands and buildings associated with the Wild Basin Lodge 
     should be considered by the Forest Service and by the 
     National Park Service, based on owner interest.
       Condemnation of private lands is not recommended at any 
     location.

                         Local land management

       It is understood that current comprehensive land use plans 
     and zoning laws established and enforced by Boulder County 
     provide, in most cases, sufficient protection of the natural 
     and scenic features of the North St. Vrain Creek area. The 
     U.S. Forest Service and National Park Service have affirmed 
     this sufficiency. Continuation of these provisions is 
     encouraged.

                             Private lands

       It is understood that private landowners along North St. 
     Vrain Creek are exercising good stewardship and protection of 
     riparian, wetland, and general natural features. Conservation 
     easements, if provided by private landowners, should be 
     designed to protect the natural features of the area, 
     including the riparian and wetland ecosystems along the 
     Creek, and wildlife migration corridors linking habitat in 
     Rocky Mountain national Park to habitat in Roosevelt National 
     Forest. Scenic features should also be incorporated into the 
     easements, including viewsheds along the Creek and from the 
     Highway 7 creek crossing.

                       Federal management reviews

       The U.S. Forest Service and National Park Service should 
     note the listing of North St Vrain Creek on the National 
     Rivers Inventory, and conduct appropriate studies and actions 
     in a timely fashion.

                              Water rights

       It is understood that the Rocky Mountain Hydrological 
     Laboratory may resume research activities as governed by 
     State water law and county land use regulations.
       It is understood that Copeland Reservoir may continue 
     historical uses, and may undergo minor expansion or 
     modification, subject to State water law.

  Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just want to say that I should know that nothing about 
Colorado is modest, and I agree that this is an important measure. I 
think the gentleman has in his statement articulated the spectacular 
nature of this particular natural resource. The work he has done is 
substantial, and it is obviously important work.
  Most of the issues we deal with have so much importance to particular 
areas of a State and of our Nation, and that really represents a great 
part of our legacy. I commend the gentleman from Colorado [Mr. Skaggs] 
for his work in terms of trying to ensure that this will be of a high 
quality.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota [Mr. Vento] that the House suspend the rules 
and pass the bill, H.R. 1716, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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