[Senate Report 107-200]
[From the U.S. Government Publishing Office]
Calendar No. 477
107th Congress Report
SENATE
2d Session 107-200
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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.
* * * * * * *