[Congressional Record Volume 153, Number 80 (Tuesday, May 15, 2007)]
[Extensions of Remarks]
[Pages E1052-E1054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ON INTRODUCTION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS AND INDIAN 
                     PEAKS WILDERNESS EXPANSION ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                         Tuesday, May 15, 2007

  Mr. UDALL of Colorado. Madam Speaker, today I am introducing a 
revised bill to designate as wilderness most of the lands within the 
Rocky Mountain National Park and to expand the Indian Peaks Wilderness.
  The bill is cosponsored by my Colorado colleague, Representative 
Musgrave, and an identical measure is being introduced in the other 
body by Colorado's two Senators. Over a period of months, we have 
worked together to develop this bipartisan legislation that will 
provide important protection and management direction for some truly 
remarkable country, adding well over 200,000 acres in the park to the 
National Wilderness Preservation System.
  The wilderness designation for the park will cover some 94 percent of 
the park, including Longs Peaks and other major mountains along the 
Great Continental Divide, glacial cirques and snow fields, broad 
expanses of alpine tundra and wet meadows, old-growth forests, and 
hundreds of lakes and streams, all untrammeled by human structures or 
passage. Indeed, examples of all the natural ecosystems that make up 
the splendor of the Park are included in the wilderness that would be 
designated by this bill. At the same time, the wilderness boundaries 
have been drawn so as to allow continued access for use of existing 
roadways, buildings and developed areas, privately owned land, and 
areas where additional facilities and roadwork will improve park 
management and visitor services, In addition, specific provisions are 
included to assure that there ill be no adverse effects on continued 
use of existing water facilities.
  The lands designated as wilderness will become part of the National 
Wilderness Preservation System that was established by the Wilderness 
Act and will be managed in accordance with that Act and the provisions 
of the bill. The bill's provisions amplify this by specifying that--(1) 
no new reclamation projects will be allowed in the wilderness area; (2) 
nothing in the bill will create a ``buffer zone'' around the wilderness 
and that non-wilderness activities visible or audible from within the 
wilderness will not be prohibited; (3) the National Park Service can 
act to control fire, insects, and diseases, including use of mechanical 
tools within the wilderness; and (4) nothing in the bill will reduce or 
restrict the current authority of the National Park Service to manage 
the Park's lands and resources.
  The bill is similar to measures previously introduced by my 
predecessor, Representative David Skaggs (as well as others introduced 
before that), and ones I introduced in the 107th, 108th, and 109th 
Congress. However, it does include a number of adjustments and 
refinements that reflect discussion within the Colorado delegation in 
Congress and with interested parties in Colorado.
  Like H.R. 4935 of the 109th Congress, the new bill includes 
designation of wilderness designation of more than 700 acres In the 
Twin Sisters area south of Estes Park. These lands were acquired by the 
United States and

[[Page E1053]]

made part of the park after submission to Congress of the original 
wilderness recommendation for the park in the 1970s, and so were not 
included in that recommendation. They are lands of a wilderness 
character and their designation will not conflict with any current 
uses. On the west side, the town of Grand Lake and Grand County 
requested that about 650 acres inward from the Park boundary around the 
town be omitted from the wilderness designation in order to allow the 
Park to respond to potential forest fire threats. As was the case 
previously, this bill accommodates that request.
  Also like that previous measure, the bill responds to the request of 
the Town of Grand Lake, Grand County and the Headwaters Trails Alliance 
(a group composed of local communities in Grand County that seeks to 
establish opportunities for mountain biking) and the International 
Mountain Bicycling Association to omit from wilderness designation an 
area along the western park boundary, running south along Lake Granby 
from the Town to the park's southern boundary. This will allow the 
National Park Service to retain the option of authorizing construction 
of a possible future mountain bike route within this part of the park. 
Similarly, the bill would expand the Indian Peaks Wilderness Area by 
1,000 acres in the area south of the park and north of Lake Granby. The 
lands involved are currently managed as part of the Arapaho National 
Recreation Area, which would accordingly be reduced by about 1,000 
acres.
  As did the previous bill, this bill includes a section that will 
authorize the National Park Service to lease an 11-acre property (the 
Leiffer tract) that was donated to the National Park Service in 1977. 
Located outside the park's boundaries, it has two buildings, including 
a house that is listed on the National Register of Historic Places. The 
Park Service would like to have the option of leasing it, but current 
law allows that only for ``property administered . . . as part of the 
National Park System,'' and this property does not qualify. The bill 
would allow the Park Service to lease the property as if it were 
located inside or contiguous to the park.
  Also like previous measures, the bill addresses the question of 
possible impacts on water rights--something that can be a primary point 
of contention in Congressional debates over designating wilderness 
areas. It reflects the legal reality that it has long been recognized 
under the laws of the United States and Colorado, including a decision 
of the Colorado Supreme Court, that Rocky Mountain National Park 
already has extensive Federal reserved water rights arising from the 
creation of the national park itself. And it reflects the geographic 
reality that the park sits astride the continental divide, meaning 
there's no higher land around from which streams flow into the park, 
and thus there is no possibility of any diversion of water occurring 
upstream from the park. In recognition of these legal and practical 
realities, the bill includes a finding that because the park already 
has these extensive reserved rights to water, there is no need for any 
additional reservation or appropriation of such right, and an explicit 
disclaimer that the bill effects any such reservation.
  New provisions in this bill deal with the Grand River Ditch, created 
before Rocky Mountain National Park was established and partly located 
within the park. The owners of the ditch are currently working to 
conclude an agreement with the National Park Service with respect to 
operation and maintenance of the portion of the ditch within the park, 
and the bill provides that after conclusion of this agreement the 
strict liability standard of the Park Resources Protection Act (which 
now applies to any damage to park resources) will not apply so long as 
the ditch is operated and maintained in accordance with the agreement. 
The owners of the ditch would remain liable for damage to park 
resources caused by negligence or intentional acts, and the bill 
specifies that it will not limit or otherwise affect the liability of 
any individual or entity for damages to, loss of, or injury to any park 
resource resulting from any cause of event occurring before the bill's 
enactment. In addition, the bill specifies that its enactment will not 
restrict or otherwise affect any activity relating to the monitoring, 
operation, maintenance, repair, replacement, or use of the ditch that 
was authorized or approved by the National Park Service as of the date. 
of the bill's enactment. And the bill also provides that use of water 
transported by the ditch for a main purpose (or main purposes) other 
than irrigation will not terminate or adversely affect the ditch's 
right-of-way.
  Madam Speaker, the matters dealt with in this bill have a long 
history. The wilderness designations are based on National Park Service 
recommendations presented to Congress by President Richard Nixon. That 
they have not been acted on before this reflects the difficult history 
of wilderness legislation. One Colorado statewide wilderness bill was 
enacted in 1980, but it took more than a decade before the Colorado 
delegation and the Congress were finally able, in 1993, to pass a 
second statewide national forest wilderness bill. Since then, action 
has been completed on bills designating wilderness in the Spanish Peaks 
area of the San Isabel National Forest as well as in the Black Canyon 
of the Gunnison National Park, the Gunnison Gorge, the Black Ridge 
portion of the Colorado Canyons National Conservation Area, and the 
James Peak area of the Arapaho-Roosevelt National Forests.

  We now need to continue making progress by providing wilderness 
designations for other deserving lands in Colorado, including lands 
that are managed by the Bureau of Land Management. And the time is ripe 
for finally resolving the status of the lands within Rocky Mountain 
National Park that are dealt with in this bill.
  Lands covered by the bill are currently being managed protect their 
wilderness character. Formal wilderness designation will no longer 
leave this question to the discretion of the Park Service, but will 
make it clear that within the designated areas there will never be 
roads, visitor facilities, or other manmade features that interfere 
with the spectacular natural beauty and wildness of the mountains. This 
is especially important for a park like Rocky Mountain, which is 
relatively small by western standards. As nearby land development and 
alteration has accelerated in recent years, the pristine nature of the 
park's backcountry becomes an increasingly rare feature of Colorado's 
landscape. Further, the park's popularity demands definitive and 
permanent protection for wild areas against possible pressures for 
development within the park. While only about one tenth the size of 
Yellowstone National Park, Rocky Mountain sees nearly the same number 
of visitors each year as does our first national park. At the same 
time, designating these carefully selected portions of Rocky Mountain 
as wilderness will make other areas, now restricted under interim 
wilderness protection management, available for overdue improvements to 
park roads and visitor facilities.
  In summary, Madam Speaker, this bill will protect some of our 
Nation's finest wild lands. It will protect existing rights. It will 
not limit any existing opportunity for new water development. It is 
bipartisan and will affirm the commitment of all Coloradans to 
preserving the features that make our State such a remarkable place to 
live. So, I think it deserves prompt enactment. For the information of 
our colleagues I am attaching a summary of the legislation:

          Rocky Mountain National Park Wilderness Bill Summary

       Wilderness Designation.--The bill designates as wilderness 
     approximately 249,339 acres within Rocky Mountain National 
     Park, in Colorado.
       Wilderness Management.--The lands designated as wilderness 
     become part of the National Wilderness Preservation System 
     that was established by the Wilderness Act and will be 
     managed in accordance with that Act and the provisions of the 
     bill. The bill's provisions amplify this by specifying that--
       (1) No new reclamation projects will be allowed in the 
     wilderness area; (2) Nothing in the bill will create a 
     ``buffer zone'' around the wilderness and that non-wilderness 
     activities visible or audible from within the wilderness will 
     not be prohibited; (3) The National Park Service can act to 
     control fire, insects, and diseases, including use of 
     mechanical tools within the wilderness; and (4) Nothing in 
     the bill will reduce or restrict the current authority of the 
     National Park Service to manage the Park's lands and 
     resources.
       Potential Wilderness.--Specified lands within the Park not 
     now eligible for wilderness designation because they are 
     being used for purposes inconsistent with such designation 
     will be designated as wilderness when those uses end.
       Wilderness Exclusions.--Specified lands within the Park are 
     excluded from the wilderness designation and from the 
     category of ``potential wilderness.'' These lands include--
     (1) lands occupied by the Grand River Ditch and the lands 200 
     feet on each side of the ditch; (2) lands owned by the St. 
     Vrain & Left Hand Water Conservancy District, including 
     Copeland Reservoir and the Inlet Ditch from North St. Vrain 
     Creek; (3) lands owned by the Wincentsen-Harms Trust; and (4) 
     lands adjoining Grand Lake in an area called the ``East Short 
     Trail Area'' discussed below.
       Water Rights.--The bill includes findings about Colorado 
     state court decisions holding that the Park already has 
     existing sufficient water rights and that there is no need 
     for the Federal Government to reserve or appropriate further 
     water rights to fulfill the purposes of the wilderness 
     designation; and the bill states that neither it nor any 
     action taken out pursuant to it will constitute an express or 
     implied reservation of water or water rights for any purpose.
       Grand River Ditch.--The bill provides that--(1) lands 
     occupied by the Grand River Ditch and the lands 200 feet on 
     each side of the ditch are excluded from wilderness; (2) upon 
     conclusion of an agreement between the National Park Service 
     and the ditch's owners on operations and maintenance of the 
     Grand River Ditch, the strict liability standard of the Park 
     Resources Protection Act (which now applies to any damage to 
     park resources) will not apply so long as the ditch is

[[Page E1054]]

     operated and maintained in accordance with the agreement. The 
     owners of the ditch would remain liable for damage to park 
     resources caused by negligence or intentional acts; (3) the 
     bill will not affect any liability for damage to park 
     resources occurring before the bill's enactment; (4) the bill 
     will not restrict any activity related to monitoring, 
     operation, maintenance, repair, replacement, or use of the 
     ditch that was authorized or approved by the National Park 
     Service as of the date of the bill's enactment; and (5) use 
     of water carried by the ditch for a purpose other than 
     irrigation will not adversely affect the ditch's right-of-
     way.
       Colorado-Big Thompson Project.--The bill includes 
     provisions specifying that its enactment will not restrict 
     any activity related to monitoring, operation, maintenance, 
     repair, replacement, or use of the project's facilities that 
     were allowed as of the date of the bill's enactment or 
     prohibit or restrict the conveyance of water through the Alva 
     B. Adams Tunnel for any purpose.
       East Shore Trail.--The bill requires the National Park 
     Service to identify an alignment for a bicycle trail within 
     the ``East Shore Trail Area'' that is excluded from the 
     wilderness. The Park Service will decide whether to authorize 
     construction of the trail and until construction is 
     authorized, lands in the ``East Shore Trail Area'' will 
     continue to be managed to maintain the option of its being 
     designated as wilderness in the future.
       Indian Peaks Wilderness and Arapaho Recreation Area.--The 
     bill adjusts the boundaries of the Indian Peaks Wilderness 
     and the Arapaho National Recreation Area so as to reduce the 
     recreation area by about 1,000 acres and increase the 
     wilderness by about 1,000 acres.
       Leiffer Tract Lease Authority.--The bill allows the 
     National Park Service to lease the ``Leiffer tract,'' a 
     parcel of Federal land located outside the Park's boundary 
     but managed by the National Park Service that includes an 
     historic cabin and several other buildings. Any lease would 
     be under an existing law that requires leased property to be 
     used for activities consistent with the purposes of the Park 
     and compatible with National Park Service programs.

                          ____________________