[Congressional Record Volume 147, Number 158 (Thursday, November 15, 2001)]
[Senate]
[Pages S11943-S11946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1711. A bill to designate the James Peak Wilderness and the James 
Peak Protection Area in the State of Colorado, and for other purposes; 
to the

[[Page S11944]]

Committee on Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, today I introduce the ``James Peak 
Wilderness and Protection Area Act.'' This language is the product of 
years of detailed negotiations regarding an area of great majesty in my 
home State of Colorado.
  When discussing public lands issues, the potential uses for land are 
as varied and numerous as the diverse groups of users. Oftentimes, one 
camp is pitted against another, each convinced that its view is right 
to the point that it necessarily excludes the other interested party. 
And the result is that nothing viable happens. No land is protected and 
no uses of land are preserved. Instead, we read of angry exchanges, 
that if it were not for one side being so stubborn in its view, then we 
would have had a bill, while ignoring their own immobile position.
  This bill, I am very proud to say, is different from the all-too-
common discourse that I described.
  This bill stands as a testament to what can be achieved when 
interested parties stop for a moment and listen to each other. I would 
like to take this moment to commend the work of my friends in the 
House, Representatives Udall and McInnis for their efforts on this 
issue.
  The ``James Peak Wilderness and Protection Area Act'' respects the 
diverse uses of Colorado's lands and recognizes those differences 
accordingly. This bill designates about 14,000 acres in Boulder, Clear 
Creek, and Gilpin Counties as Wilderness, and enlarges the existing 
Indian Peaks Wilderness by an additional 3,195 acres. Further, this 
carefully balanced approach designates 16,000 acres of national forest 
land as the ``James Peak Protection Area.'' The Protection Area in 
Grand County would disallow development of the land, but would permit 
recreational use for the public's continued enjoyment.
  I am pleased with the careful compromises that were necessary in 
crafting this bill and proudly introduce it today. I only wish this 
kind of cooperation was more evident in the other discussions about 
public lands in America.
  I hope for quick passage of this important bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1711

       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 ``James Peak Wilderness, 
     Wilderness Study, and James Peak Protection Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Board.--The term ``Board'' means the Colorado State 
     Land Board.
       (2) Forest supervisor.--The term ``Forest Supervisor'' 
     means the Forest Supervisor of the Arapaho National Forest 
     and Roosevelt National Forest.
       (3) Management plan.--The term ``management plan'' means 
     the 1997 Revision of the Land and Resource Management Plan 
     for the Arapaho and Roosevelt National Forests and the Pawnee 
     National Grasslands.
       (4) Protection area.--The term ``Protection Area'' means 
     the James Peak Protection Area designated by section 4(b).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (6) Special interest area.--The term ``special interest 
     area'' means the land in the Protection Area that is 
     bounded--
       (A) on the north by Rollins Pass Road;
       (B) on the east by the Continental Divide; and
       (C) on the west by the 11,300-foot elevation contour, as 
     depicted on the map entitled ``Proposed James Peak Protection 
     Area'', dated September 2001.
       (7) State.--The term ``State'' means the State of Colorado.

     SEC. 3. WILDERNESS DESIGNATION.

       (a) James Peak Wilderness.--Section 2(a) of the Colorado 
     Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 756) is 
     amended by adding at the end the following:
       ``(20) James peak wilderness.--Certain land in the Arapaho 
     National Forest and Roosevelt National Forest comprising 
     approximately 14,000 acres, as generally depicted on the map 
     entitled `Proposed James Peak Wilderness', dated September 
     2001, and which shall be known as the `James Peak 
     Wilderness'.''.
       (b) Addition to the Indian Peaks Wilderness Area.--Section 
     3 of the Indian Peaks Wilderness Area, the Arapaho National 
     Recreation Area and the Oregon Islands Wilderness Area Act 
     (Public Law 95-450; 92 Stat. 1095) is amended by adding at 
     the end the following:
       ``(c) Additional Land.--In addition to the land described 
     in subsection (a), the Indian Peaks Wilderness Area shall 
     include--
       ``(1) the approximately 2,232 acres of Federal land in the 
     Arapaho National Forest and Roosevelt National Forest, as 
     generally depicted on the map entitled `Ranch Creek Addition 
     to Indian Peaks Wilderness', dated September 2001; and
       ``(2) the approximately 963 acres of Federal land in the 
     Arapaho National Forest and Roosevelt National Forest, as 
     generally depicted on the map entitled `Fourth of July 
     Addition to Indian Peaks Wilderness', dated September 
     2001.''.
       (c) Maps and Legal Descriptions.--
       (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) a map and legal description of the area designated as 
     wilderness by the amendments made by subsection (a); and
       (B) a map and legal description of the area added to the 
     Indian Peaks Wilderness Area by the amendments made by 
     subsection (b).
       (2) Effect.--The maps and legal descriptions shall have the 
     same force and effect as if included in--
       (A) the Colorado Wilderness Act of 1993 (Public Law 103-77; 
     107 Stat. 756); and
       (B) the Indian Peaks Wilderness Area, the Arapaho National 
     Recreation Area and the Oregon Islands Wilderness Area Act 
     (Public Law 95-450; 92 Stat. 1095).
       (3) Corrections.--The Secretary may correct technical 
     errors in the maps and legal descriptions.
       (4) Availability.--Copies of the maps and legal 
     descriptions shall be on file and available for public 
     inspection in--
       (A) the office of the Chief of the Forest Service; and
       (B) the office of the Forest Supervisor.

     SEC. 4. DESIGNATION OF JAMES PEAK PROTECTION AREA.

       (a) Findings and Purpose.--
       (1) Findings.--Congress finds that--
       (A) the Protection Area includes important resources and 
     values, including wildlife habitat, clean water, open space, 
     and opportunities for solitude;
       (B) the Protection Area includes areas that are suitable 
     for recreational uses, including the use of snowmobiles and 
     other motorized and nonmotorized vehicles; and
       (C) the Protection Area should be managed in a way that 
     protects the resources and values of the Protection Area 
     while permitting continued recreational uses, subject to 
     appropriate regulations.
       (2) Purpose.--The purpose of this section is to provide for 
     management of certain land in the Arapaho National Forest and 
     Roosevelt National Forest in a manner that--
       (A) is consistent with the management plan; and
       (B) protects the natural qualities of the land.
       (b) Designation.--The approximately 16,000 acres of land in 
     the Arapaho National Forest and Roosevelt National Forest 
     generally depicted on the map entitled ``Proposed James Peak 
     Protection Area'', dated September 2001, is designated as the 
     ``James Peak Protection Area''.
       (c) Map and Legal 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 legal description of the Protection Area.
       (2) Effect.--The map and legal description shall have the 
     same force and effect as if included in this Act.
       (3) Corrections.--The Secretary may correct clerical and 
     typographical errors in the map and legal description.
       (4) Availability.--The map and legal description shall be 
     on file and available for public inspection in--
       (A) the office of the Chief of the Forest Service; and
       (B) the office of the Forest Supervisor.
       (d) Management.--
       (1) In general.--Except as otherwise provided in this 
     section, the Secretary shall manage and administer the 
     Protection Area in accordance with the management plan.
       (2) Grazing.--Nothing in this Act, including the 
     establishment of the Protection Area, affects grazing on land 
     in or outside of the Protection Area.
       (3) Withdrawals.--
       (A) In general.--Subject to valid existing rights, all 
     Federal land in the Protection Area (including land and 
     interests in land acquired for the Protection Area by the 
     United States after the date of enactment of this Act) is 
     withdrawn from--
       (i) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) the operation of the mineral leasing, mineral 
     materials, and geothermal leasing laws.
       (B) Effect.--Nothing in subparagraph (A) affects the 
     discretionary authority of the Secretary under other Federal 
     law to grant, issue, or renew any right-of-way or other land 
     use authorization consistent with this Act.
       (4) Motorized and mechanized travel.--

[[Page S11945]]

       (A) Review and inventory.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     any interested parties, shall complete a review and inventory 
     of all roads and trails in the Protection Area (excluding the 
     special interest area) on which use was allowed on September 
     10, 2001.
       (ii) Connection.--In conducting the review and inventory 
     under clause (i), the Secretary may connect any existing road 
     or trail in the inventory area to another existing road or 
     trail in the inventory area for the purpose of mechanized and 
     nonmotorized use, if the connection results in no net gain in 
     the total mileage of roads or trails open for public use in 
     the Protection Area.
       (iii) Closure.--In conducting the review and inventory 
     under clause (i), the Secretary may close or remove any road 
     or trail in the Protection Area that the Secretary determines 
     to be undesirable, except those roads or trails managed under 
     paragraph (7).
       (iv) Designated areas.--As soon as practicable after 
     completion of the review and inventory under clause (i), the 
     Secretary shall prohibit motorized and mechanized travel in 
     the Protection Area, except on roads and trails--

       (I) identified as being open to use in the inventory; or
       (II) established under paragraph (5).

       (B) Rogers pass trail.--Notwithstanding any other provision 
     of this Act, a motorized vehicle shall not be permitted on 
     any part of the Rogers Pass Trail.
       (5) New roads and trails.--
       (A) In general.--Except as provided in subparagraph (B), no 
     road or trail shall be established in the Protection Area 
     after the date of enactment of this Act.
       (B) Establishment.--The Secretary may establish--
       (i) a new road or trail to replace a road or trail of the 
     same character and scope that has become nonserviceable 
     because of a reason other than neglect;
       (ii) as necessary, nonpermanent roads for--

       (I) hazardous fuel reduction;
       (II) fire, insect, or disease control projects; or
       (III) other management purposes;

       (iii) any road determined to be appropriate for reasonable 
     access under section 5(b)(3);
       (iv) a loop trail established under section 7; or
       (v) a trail for nonmotorized use along the corridor 
     designated as the Continental Divide Trail.
       (6) Timber Harvesting.--No timber harvesting shall be 
     allowed within the Protection Area, except to the extent 
     necessary for--
       (A) hazardous fuel reduction;
       (B) a fire, insect, or disease control project; or
       (C) protection of public health or safety.
       (7) Special interest area.--The management prescription 
     applicable to the land referred to in the management plan as 
     the James Peak Special Interest Area shall apply to the 
     special interest area.
       (e) Natural Gas Pipeline.--
       (1) Maintenance.--The Secretary shall allow for maintenance 
     of rights-of-way and access roads located in the Protection 
     Area--
       (A) to the extent necessary to operate the natural gas 
     pipeline permitted under the Arapaho/Roosevelt National 
     Forest master permit numbered 4138.01; and
       (B) in a manner that--
       (i) does not have a negative effect on public safety; and
       (ii) allows for compliance with Federal pipeline safety 
     requirements.
       (2) Inclusions.--Maintenance under paragraph (1) may 
     include--
       (A) vegetation management;
       (B) road maintenance;
       (C) ground stabilization; and
       (D) motorized vehicle access.
       (f) Permanent Federal Ownership.--All right, title, and 
     interest of the United States, held on or acquired after the 
     date of enactment of this Act, in and to land within the 
     boundaries of the Protection Area shall be retained by the 
     United States.
       (g) Water Rights.--
       (1) Effect of this act.--Nothing in this Act--
       (A) constitutes an express or implied reservation of any 
     water or water right with respect to land within the 
     Protection Area;
       (B) affects any conditional or absolute water right in the 
     State in existence on the date of enactment of this Act;
       (C) establishes a precedent with regard to any future 
     Protection Area designation; or
       (D) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among and between the State and other States.
       (2) Colorado water law.--The Secretary shall be subject to 
     all procedural and substantive laws of the State in order to 
     obtain and hold any new water rights with respect to the 
     Protection Area.
       (3) Water infrastructure.--Nothing in this Act affects, 
     impedes, interferes with, or diminishes the operation, 
     existence, access, maintenance, improvement, or construction 
     of a water facility or infrastructure, right-of-way, or other 
     water-related property, interest, or use (including the use 
     of motorized vehicles and equipment on land within the 
     Protection Area) on any land except the land in the special 
     interest area.

     SEC. 5. ACQUISITION OF LAND.

       (a) Board Land.--The Secretary may acquire by purchase or 
     exchange land in the Protection Area owned by the Board.
       (b) Jim Creek Drainage.--
       (1) In general.--The Secretary may acquire by purchase or 
     exchange land in the Jim Creek drainage in the Protection 
     Area.
       (2) Consent of landowner.--The Secretary may acquire land 
     under this subsection only with the consent of the landowner.
       (3) Effect.--Nothing in this Act affects the rights of any 
     owner of land located within the Jim Creek drainage in the 
     Protection Area, including any right to reasonable access to 
     the land by motorized or other means, as determined by the 
     Chief of the Forest Service and the landowner, in accordance 
     with applicable law (including regulations).
       (c) Report.--
       (1) In general.--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 
     report concerning any agreement or the status of negotiations 
     for the acquisition of land under--
       (A) subsection (a), on the earlier of--
       (i) the date on which an agreement for acquisition by the 
     United States of land referred to in subsection (a) is 
     entered into; or
       (ii) 1 year after the date of enactment of this Act; and
       (B) subsection (b), on the earlier of--
       (i) the date on which an agreement for acquisition by the 
     United States of land referred to in subsection (b) is 
     entered into; or
       (ii) 1 year after the date of enactment of this Act.
       (2) Requirements.--A report under paragraph (1) shall 
     include information on funding, including--
       (A) to what extent funds are available to the Secretary for 
     the acquisition of the land, as of the date of the report; 
     and
       (B) whether additional funds need to be appropriated or 
     otherwise made available to the Secretary for the acquisition 
     of the land.
       (d) Management of Acquisitions.--Any land within the James 
     Peak Wilderness or the Protection Area acquired by the United 
     States after the date of enactment of this Act shall be added 
     to the James Peak Wilderness or the Protection Area, 
     respectively.

     SEC. 6. JAMES PEAK FALL RIVER TRAILHEAD.

       (a) Services and Facilities.--
       (1) In general.--Following the consultation required by 
     subsection (c), the Forest Supervisor shall establish a 
     trailhead, facilities, and services for National Forest 
     System land that is located--
       (A) in the vicinity of the Fall River basin; and
       (B) south of the communities of Alice Township and St. 
     Mary's Glacier in the State.
       (2) Inclusions.--The facilities and services under 
     paragraph (1) shall include--
       (A) parking for the trailhead;
       (B) public restroom accommodations; and
       (C) maintenance of the trailhead and trail.
       (b) Personnel.--The Forest Supervisor shall assign Forest 
     Service personnel to provide appropriate management and 
     oversight of the area specified in subsection (a)(1).
       (c) Consultation.--The Forest Supervisor shall consult with 
     the commissioners of Clear Creek County and with residents of 
     Alice Township and St. Mary's Glacier in the State 
     regarding--
       (1) the appropriate location of facilities and services in 
     the area specified in subsection (a)(1); and
       (2) appropriate measures that may be needed in this area--
       (A) to provide access by emergency or law enforcement 
     vehicles;
       (B) for public health; and
       (C) to address concerns regarding impeded access by local 
     residents.
       (d) Report.--As soon as practicable after the consultation 
     required by subsection (c), the Forest Supervisor shall 
     submit to the Committee on Resources and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Energy and Natural Resources and the Committee 
     on Appropriations of the Senate a report regarding the amount 
     of any additional funding required to implement this section.

     SEC. 7. LOOP TRAIL STUDY.

       (a) Study.--Not later than 3 years after the date on which 
     funds are first made available to carry out this section, the 
     Secretary, in consultation with interested parties, shall 
     complete a study of the suitability and feasibility of 
     establishing, consistent with the purpose described in 
     section 4(a)(2), a loop trail for mechanized and other 
     nonmotorized recreation that connects the trail designated as 
     ``Rogers Pass'' and the trail designated as ``Rollins Pass 
     Road''.
       (b) Establishment.--If the results of the study required by 
     subsection (a) indicate that establishment of a loop trail 
     would be suitable and feasible, the Secretary shall establish 
     the loop trail.

     SEC. 8. ADMINISTRATIVE PROVISIONS.

       (a) No Buffer Zones.--
       (1) In general.--The designation by this Act or by 
     amendments made by this Act of wilderness areas under section 
     3 and the Protection Area in the State shall not establish 
     any express or implied protective perimeter or buffer zone 
     around a wilderness area or the Protection Area.
       (2) Surrounding land.--The fact that the use of, or conduct 
     of an activity on, land that shares a boundary with a 
     wilderness area or the Protection Area may be seen or heard 
     from a wilderness area or the Protection Area shall not, in 
     and of itself, preclude the conduct of the use or activity.

[[Page S11946]]

       (b) Rollins Pass Road.--
       (1) In general.--If requested by 1 or more of Grand, 
     Gilpin, or Boulder Counties in the State, the Secretary, with 
     respect to the repair of the Rollins Pass road in those 
     counties, shall provide technical assistance and otherwise 
     cooperate with the counties to permit 2-wheel-drive vehicles 
     to travel between Colorado State Highway 119 and U.S. Highway 
     40.
       (2) Closure of motorized roads and trails.--If Rollins Pass 
     road is repaired in accordance with paragraph (1), the 
     Secretary shall close the motorized roads and trails on 
     Forest Service land indicated on the map entitled ``Rollins 
     Pass Road Reopening: Attendant Road and Trail Closures,'' 
     dated September 2001.

     SEC. 9. WILDERNESS POTENTIAL.

       (a) In General.--Nothing in this Act precludes or restricts 
     the authority of the Secretary--
       (1) to evaluate the suitability of land in the Protection 
     Area for inclusion in the National Wilderness Preservation 
     System; or
       (2) to make recommendations to Congress on the inclusion of 
     land evaluated under paragraph (1) in the National Wilderness 
     Preservation System .
       (b) Evaluation of Certain Lands.--As part of the first 
     revision of the management plan carried out after the date of 
     the enactment of this Act, the Secretary shall--
       (1) evaluate the suitability of the special interest area 
     for inclusion in the National Wilderness Preservation System; 
     and
       (2) make recommendations to Congress on the inclusion of 
     land evaluated under paragraph (1) for inclusion in the 
     National Wilderness Preservation System.
                                 ______