[Senate Report 107-200]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 477
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-200

======================================================================



 
             JAMES PEAK WILDERNESS AND PROTECTION AREA ACT

                                _______
                                

                 June 28, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1576]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1576) to designate the James Peak 
Wilderness and Protection Area in the Arapaho and Roosevelt 
National Forests in the State of Colorado, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 1576 is to designate the James Peak 
Wilderness and the James Peak Protection Area in the Arapaho 
and Roosevelt National Forests in the State of Colorado.

                          Background and Need

    The 13,294-foot James Peak is the predominant feature in a 
26,000-acre roadless area within the Arapaho-Roosevelt National 
Forest, just north and east of Berthoud Pass. The James Peak 
roadless area straddles the Continental Divide in four counties 
(Gilpin, Clear Creek, Boulder and Grand).
    The area is known for its recreational opportunities for 
hiking, skiing, fishing, and backpacking, including the popular 
South Boulder Creek trail and the Continental Divide National 
Scenic Trail. The area also includes the historic Rollins Pass 
Road, which provides access for mechanized and motorized 
recreation. James Peak is one of the highest rated areas for 
biological diversity in the Arapaho National Forest, including 
valuable habitat for wildlife, miles of raparian corridors, 
stands of old growth forests and threatened and endangered 
species.
    Previous congressional proposals to designate 22,000 acres 
in the James Peak area as wilderness were opposed by Grand 
County.
    H.R. 1576 represents a compromise agreement that designates 
14,000 acres as the James Peak Wilderness Area and 
approximately 3,195 acres as additions to the Indian Peaks 
Wilderness area. These lands are all on the east side of the 
Continental Divide.
    On the west side of the Divide, in Grand County, the bill 
creates a 16,000 acre James Peak Protection Area. With a few 
exceptions, the area would be governed by the management area 
prescriptions for the lands involved in the 1997 revision of 
the Land and Resource Management Plan for the Arapaho/Roosevelt 
National Forest and the Pawnee National Grasslands. Limited 
motorized and mechanized use could continue, including, for 
example, Roger's Pass Trail and the Continental Divide Trail to 
be looped for the use of mountain bikers. Timber harvesting 
would be prohibited with the exception of hazardous fuels 
reduction (plus other exceptions for the control of insects or 
disease or provision for public safety); the area is withdrawn 
from mineral or geotheramal exploration and development.

                          Legislative History

    H.R. 1576, was introduced by Representative Mark Udall on 
April 24, 2001, and passed the House by voice vote on December 
11, 2001. S. 1711, a companion measure, was introduced by 
Senator Campbell on November 15, 2001. The Subcommittee on 
Public Lands and Forests held a hearing on H.R. 1576 on May 9, 
2002. The Committee on Energy and Natural Resources ordered 
H.R. 1576 favorably reported at its business meeting on June 5, 
2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 1576.

                      Section-by-Section Analysis

    Section 1 provides a short title for the bill, the ``James 
Peak Wildness and Protection Area Act.''
    Section 2 amends two statutes, the Colorado Wilderness Act 
of 1993 (Public Law 103-77) and the Indian Peaks Wilderness 
Area and Arapaho National Recreation Act and the Oregon Islands 
Wilderness Area Act (Public Law 95-450). The amendments 
designate about 14,000 acres in Boulder, Clear Creek, and 
Gilpin Counties, Colorado, and the ``James Peak Wilderness'' 
and enlarge the Indian Peaks Wilderness by 3,195 acres.
    Section 3(a) contains findings and a purpose for 
designating the James Peak Protection Area.
    Subsection (b) designates approximately 16,000 acres of 
land in the Arapaho/Roosevelt National Forest generally 
depicted on the identified map.
    Subsection (c) requires the Secretary, after the date of 
enactment of this Act, to file with 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 Protection Area. This subsection also states that the 
map and boundary description shall have the same force and 
effect as if included in this Act, except that the Secretary 
may correct clerical and typographical errors.
    Subsection (d)(1) states that, except as otherwise provided 
in this section, the Protection Area shall be managed by the 
Secretary in the same manner as the management area 
prescription designations identified for these lands in the 
1997 Revision of the Land and Resource Management Plan for the 
Arapaho/Roosevelt National Forest and the Pawnee National 
Grasslands. This paragraph further states that nothing in this 
act shall affect grazing. It also withdraws, subject to valid 
existing rights, the Protection Area from all forms of 
appropriation or disposal under the public land laws and mining 
laws. Finally, this paragraph requires the Secretary to review 
and inventory existing roads and trails in the Protection Area 
to determine which ones are open to motorized and mechanized 
travel and prohibits new roads or trails with the following 
exceptions: (1) roads and trails that have become non-
serviceable; (2) nonpermanent roads needed for hazardous fuels 
reduction or control of fire, insect or disease control; and 
(3) a trail for non-motorized use designated as the Continental 
Divide Trail.
    Paragraph (2) requires the Secretary to allow for 
maintenance of rights-of-way and access roads within the 
Protection Area to the extent necessary to operate the 
identified natural gas pipeline in a manner that avoids 
negative impacts on public safety and allows for compliance 
with Federal pipeline safety requirements.
    Paragraph (3) states that all right, title, and interest of 
the United States, held on or acquired after the date of the 
enactment of this Act, to lands within the boundaries of the 
Protection Area shall be retained by the United States.
    Subsection (e) specifies that the bill: (1) does not 
constitute an express or implied reservation of any water or 
water rights with respect to lands in the Protection Area; (2) 
requires the Secretary of Agriculture to follow Colorado law to 
obtain any new water rights with respect to the Protection 
Area, and (3) will have no effect on existing water facilities 
or infrastructure, or associated water-related property, 
interests, and uses, in the portion of the Protection Area not 
subject to the ``special interest area'' management 
prescriptions.
    Section 4(a) states that if the Colorado State Land Board 
informs the Secretary that the Board is willing to transfer to 
the United States some or all of the lands owned by the Board 
located within the Protection Area, the Secretary shall 
promptly seek to reach agreement with the Board regarding terms 
and conditions of acquisition of such lands.
    Subsection (b) requires the Secretary to enter into 
negotiations with the owner of lands located within the Jim 
Creek drainage for the purpose of acquiring the lands; however, 
this subsection prohibits the United States form acquiring such 
lands without the consent of the owner. The subsection also 
guarantees the landowner in the Jim Creek drainage reasonable 
access by motorized or other means consistent with applicable 
law.
    Subsection (c) requires the Secretary to submit a report to 
Congress concerning any agreement reached pursuant to this 
section or the status of negotiations within one year after the 
date of enactment of this Act.
    Subsection (d) states that any lands 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 Protection Area, respectively, and 
managed accordingly.
    Section 5 directs the Forest Service to locate a new 
trailhead and appropriate attendant facilities in the Fall 
River basin area southeast of the James Peak Wilderness Area. 
The Forest Service is to consult with Clear Creek County, local 
communities and the interested public on the location and 
establishment of this trailhead.
    Section 6 directs the Secretary to undertake a study to 
determine if it would be both feasible and desirable to 
establish within the Protection Area a loop trail for non-
motorized recreational use that would connect the existing 
Rogers Pass trail and the existing Rollins Pass road. This 
study is to be done in consultation with interested parties.
    Section 7(a) specifies that the ability to see or hear 
nonwilderness activities or uses from within the wilderness 
area or Protection Area shall not, of itself, preclude such 
activities or uses up to the boundary of the wilderness area or 
Protection Area.
    Subsection (b) provides for technical assistance with 
respect to repair of the Rollins Pass road, if requested by one 
or more of the affected counties.
    Section 8(a) clarifies that nothing in the bill will 
preclude or restrict the authority of the Secretary of 
Agriculture to evaluate the suitability of lands in the 
Protection Area for future wilderness designation or to make 
recommendations to Congress for such designation at any time.
    Subsection (b) specifies that such evaluation of the part 
of the Protection Area subject to ``special interest area'' 
management prescriptions shall be done in connection with the 
first revision of the relevant forest plan after the date of 
enactment of the bill.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 14, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1576, the James 
Peak Wilderness and Protection Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Barry B. Anderson,
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1576--James Peak Wilderness and Protection Area Act

    H.R. 1576 would reclassify about 33,195 acres of lands 
within the Arapaho and Roosevelt National Forests located in 
Colorado and administered by the Forest Service. CBO estimates 
that implementing H.R. 1576 would cost about $600,000 over the 
next two years. The act could affect direct spending (including 
offsetting receipts); therefore, pay-as-you-go procedures would 
apply, but we estimate that any such effects would not exceed 
$15,000 per year. H.R. 1576 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would have no significant impact on the budgets 
of state, local, or tribal governments.
    H.R. 1576 would designate as wilderness about 17,195 acres 
of federal lands within the Arapaho and Roosevelt National 
Forests in Colorado. The legislation also would designate 
16,000 acres of other lands within those forests as the James 
Peak Protection Area and would authorize the Secretary of 
Agriculture to acquire nonfederal lands within that area. 
Subject to valid existing rights, H.R. 1576 would withdraw 
federal lands within the proposed protection area from programs 
to develop mineral and geothermal resources and would prohibit 
timber harvesting within the area except under certain 
circumstances. Finally, the legislation would direct the Forest 
Service to establish a new trailhead and related facilities 
near the Fall River basin in Colorado, study the feasibility of 
connecting two existing trails, and implement the results of 
that study.
    Based on information from the Forest Service, CBO estimates 
that designating the wilderness and protection areas would not 
significantly affect the agency's costs to manage those areas. 
We estimate that acquiring nonfederal lands within the proposed 
protection area would cost less than $200,000 in 2003, assuming 
the availability of appropriated funds. We also estimate that 
building the new trailhead and related facilities would cost 
$300,000 over the next two years, and that completing the 
trails feasibility study and implementing its recommendations 
would cost about $100,000 in 2003.
    Withdrawing lands within the proposed protection area from 
leasing and development and prohibiting timber harvesting on 
those lands could reduce offsetting receipts if, under current 
law, the lands are expected to generate income from those 
activities. Based on information from the Forest Service, we 
estimate that any such forgone receipts would not exceed 
$15,000 a year.
    On November 7, 2001, CBO transmitted a cost estimate for 
H.R. 1576 as ordered reported by the House Committee on 
Resources on October 3, 2001. The two versions of H.R. 1576 are 
identical. Differences in the timing of spending reflect a 
change in our assumption regarding when the legislation will be 
enacted.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1576. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1576.

                        Executive Communications

    The testimony provided by the Forest Service at the 
Subcommittee hearing follows:

 Statement of Gloria Manning, Associate Deputy Chief, National Forest 
            System Forest Service, Department of Agriculture

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you today. I am Gloria 
Manning, Associate Deputy Chief for National Forest System, 
USDA Forest Service. I am here today to provide the 
Department's views on H.R. 1576, to designate the James Peak 
Wilderness and James Peak Protection Area in the Arapaho and 
Roosevelt National Forests.
    The Department does not object to S. 1711 and H.R. 1576, 
bills that would designate the James Peak Wilderness and the 
James Peak Protection Area in the Arapaho and Roosevelt 
National Forests in Colorado.
    In summary, S. 1711 and H.R. 1576 designate a wilderness 
area and a protection area. In addition, S. 1711 and H.R. 1576 
address acquisition of State and private lands within the 
protection area, direct the Forest Supervisor to construct a 
trailhead in the Fall River basin, and provide for technical 
assistance to local governments in repairing Rollins Pass Road.
    Both bills would designate approximately 14,000 acres of 
land within the Arapaho and Roosevelt National Forests as the 
James Peak Wilderness and add approximately 2,232 acres of the 
Arapaho and Roosevelt National Forests known as the Ranch Creek 
Addition to the Indian Peaks Wilderness.
    Another 963 acres of the Arapaho and Roosevelt National 
Forests, known as the Fourth of July Addition, would also be 
added to the Indian Peaks Wilderness.
    The bills would designate 16,000 acres of the Arapaho and 
Roosevelt National Forests as the James Peak Protection Area. 
Except as otherwise provided in the legislation, this area 
would be managed consistent with the direction established in 
the 1997 Revised Land and Resource Management Plan (LRMP) for 
the Arapaho and Roosevelt National Forests.
    In addition, the bills require the Secretary to:
     Review and inventory all roads and trails in the 
Protection Area, no later than 2 years after the date of 
enactment, and restrict the use of motorized and mechanized 
travel to designated routes within the Protection Area.
     Make recommendations to Congress concerning the 
suitability of lands within the Special Interest Area for 
inclusion in the National Wilderness Preservation System.
     Conduct a study, not later than three years after 
funding, of the suitability and feasibility of establishing a 
loop trail for mechanized and other non-motorized recreation 
connecting Rogers Pass and Rollins Pass road. If the study 
indicates suitability and feasibility, the Secretary shall 
establish the loop trail;
     Prepare a report concerning the status of 
negotiations and acquisition of inholdings within the 
Protection Area. The Secretary may only acquire inholding 
within the Protection Area on a willing seller basis.
     Establish a trailhead in the Fall River basin and 
assign personnel to manage the use of National Forest System 
land in the Fall River basin south of the communities of Alice 
and St. Mary's Glacier, and prepare a report to Congress 
identifying the funding need to implement this section.
    S. 1711 and H.R. 1576 further state that the designation of 
wilderness areas and the Protection Area shall not establish 
buffer zones around those areas. The bills also direct the 
Secretary, upon request, to provide counties technical 
assistance and otherwise cooperate with respect to repairing 
Rollins Pass road. If repairs are completed, the Secretary is 
to close to motorized travel the roads and trails shown on the 
Rollins Pass road and trail closure map.
    The 1997 Revised Land Management Plan recommended 
wilderness designation for the Ranch Creek Addition and Fourth 
of July Addition to the Indian Peaks Wilderness. The proposed 
James Peak Wilderness was not recommended for wilderness 
designation in the forest plan.
    In addition, the forest plan provides direction under which 
concerns regarding travel management and dispersed recreation 
use can be addressed in the Rollins Pass, Rogers Pass, and Fall 
Creek basin areas.
    While we believe the LRMP sufficiently protects the 
resource values in the proposed James Peak Wilderness and 
Protection Areas, we do not object to the additional 
designations contained in the bills.
Conclusion
    This concludes my statement; I would be happy to answer 
your questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 1576, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 103-77


AN ACT To designate certain lands in the State of Colorado as 
  components of the National Wilderness Preservation System, and for 
  other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND DEFINITIONS.

           *       *       *       *       *       *       *


SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

    (a) * * *
    (1) * * *

           *       *       *       *       *       *       *

    (21) Certain lands in the Arapaho/Roosevelt National Forest 
which comprise approximately 14,000 acres, as generally 
depicted on a map entitled `Proposed James Peak Wilderness', 
dated September 2001, and which shall be known as the James 
Peak Wilderness.

           *       *       *       *       *       *       *

                              ----------                              --
--------


                           Public Law 95-450


AN ACT To create the Indian Peaks Wilderness Area and the Arapaho 
  National Recreation Area, to authorize the Secretary of the Interior 
  to study the feasibility of revising the boundaries of the Rocky 
  Mountain National Park, and to add certain lands to the Oregon 
  Islands Wilderness

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              SHORT TITLE

    Section 1. * * *

           *       *       *       *       *       *       *


                      INDIAN PEAKS WILDERNESS AREA

    Sec 3. (a) * * *

           *       *       *       *       *       *       *

    (c) The approximately 2,232 acres of Federal lands in the 
Arapaho/Roosevelt National Forest generally depicted on the map 
entitled `Ranch Creek Addition to Indian Peaks Wilderness' 
dated September 2001, are hereby added to the Indian Peaks 
Wilderness Area.
    (d) The approximately 963 acres of Federal land in the 
Arapaho/Roosevelt National Forest generally depicted on the map 
entitled `Fourth of July Addition to Indian Peaks Wilderness' 
dated September 2001, are hereby added to the Indian Peaks 
Wilderness Area.

           *       *       *       *       *       *       *


                                  
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