[Senate Report 110-358]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 790
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-358

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



 
  ROCKY MOUNTAIN NATIONAL PARK WILDERNESS AND INDIAN PEAKS WILDERNESS 
                             EXPANSION ACT

                                _______
                                

                 June 16, 2008.--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 S. 1380]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1380) to designate as wilderness certain 
land within the Rocky Mountain National Park and to adjust the 
boundaries of the Indian Peaks Wilderness and the Arapaho 
National Recreation Area of the Arapaho National Forest in the 
State of Colorado, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Rocky Mountain National Park 
Wilderness and Indian Peaks Wilderness Expansion Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Rocky 
        Mountain National Park Wilderness Act of 2007'' and dated 
        September 2006.
          (2) Park.--The term ``Park'' means Rocky Mountain National 
        Park located in the State of Colorado.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) Trail.--The term ``Trail'' means the East Shore Trail 
        established under section 5(a).
          (5) Wilderness.--The term ``Wilderness'' means the wilderness 
        designated by section 3(a).

SEC. 3. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.

  (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as 
a component of the National Wilderness Preservation System 
approximately 249,339 acres of land in the Park, as generally depicted 
on the map.
  (b) Map and Boundary Description.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall--
                  (A) prepare a map and boundary description of the 
                Wilderness; and
                  (B) submit the map and boundary description prepared 
                under subparagraph (A) to the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Natural Resources of the House of Representatives.
          (2) Availability; force of law.--The map and boundary 
        description submitted under paragraph (1)(B) shall--
                  (A) be on file and available for public inspection in 
                appropriate offices of the National Park Service; and
                  (B) have the same force and effect as if included in 
                this Act.
  (c) Inclusion of Potential Wilderness.--
          (1) In general.--On publication in the Federal Register of a 
        notice by the Secretary that all uses inconsistent with the 
        Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the land 
        identified on the map as a ``Potential Wilderness Area'', the 
        land shall be--
                  (A) included in the Wilderness; and
                  (B) administered in accordance with subsection (e).
          (2) Boundary description.--On inclusion in the Wilderness of 
        the land referred to in paragraph (1), the Secretary shall 
        modify the map and boundary description submitted under 
        subsection (b) to reflect the inclusion of the land.
  (d) Exclusion of Certain Land.--The following areas are specifically 
excluded from the Wilderness:
          (1) The Grand River Ditch (including the main canal of the 
        Grand River Ditch and a branch of the main canal known as the 
        Specimen Ditch), the right-of-way for the Grand River Ditch, 
        land 200 feet on each side of the center line of the Grand 
        River Ditch, and any associated appurtenances, structures, 
        buildings, camps, and work sites in existence as of June 1, 
        1998.
          (2) Land owned by the St. Vrain & Left Hand Water Conservancy 
        District, including Copeland Reservoir and the Inlet Ditch to 
        the Reservoir from North St. Vrain Creek, comprising 
        approximately 35.38 acres.
          (3) Land owned by the Wincenstsen-Harms Trust, comprising 
        approximately 2.75 acres.
          (4) Land within the area depicted on the map as the ``East 
        Shore Trail Area''.
  (e) Administration.--Subject to valid existing rights, any land 
designated as wilderness under this section or added to the Wilderness 
after the date of enactment of this Act under subsection (c) shall be 
administered by the Secretary in accordance with this Act and the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
          (1) any reference in the Wilderness Act (16 U.S.C. 1131 et 
        seq.) to the effective date of that Act shall be considered to 
        be a reference to the date of enactment of this Act, or the 
        date on which the additional land is added to the Wilderness, 
        respectively; and
          (2) any reference in the Wilderness Act (16 U.S.C. 1131 et 
        seq.) to the Secretary of Agriculture shall be considered to be 
        a reference to the Secretary.
  (f) Water Rights.--
          (1) Findings.--Congress finds that--
                  (A) the United States has existing rights to water 
                within the Park;
                  (B) the existing water rights are sufficient for the 
                purposes of the Wilderness; and
                  (C) based on the findings described in paragraphs (A) 
                and (B), there is no need for the United States to 
                reserve or appropriate any additional water rights to 
                fulfill the purposes of the Wilderness.
          (2) Effect.--Nothing in this Act--
                  (A) constitutes an express or implied reservation by 
                the United States of water or water rights for any 
                purpose; or
                  (B) modifies or otherwise affects any existing water 
                rights held by the United States for the Park.
  (g) Fire, Insect, and Disease Control.--The Secretary may take such 
measures in the Wilderness as are necessary to control fire, insects, 
and diseases, as are provided for in accordance with--
          (1) the laws applicable to the Park; and
          (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 4. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.

  (a) Conditional Waiver of Strict Liability.--During any period in 
which the Water Supply and Storage Company (or any successor in 
interest to the company with respect to the Grand River Ditch) operates 
and maintains the portion of the Grand River Ditch in the Park in 
compliance with an operations and maintenance agreement between the 
Water Supply and Storage Company and the National Park Service, the 
provisions of paragraph (6) of the stipulation approved June 28, 1907--
          (1) shall be suspended; and
          (2) shall not be enforceable against the Company (or any 
        successor in interest).
  (b) Agreement.--The agreement referred to in subsection (a) shall--
          (1) ensure that--
                  (A) Park resources are managed in accordance with the 
                laws generally applicable to the Park, including--
                          (i) the Act of January 26, 1915 (16 U.S.C. 
                        191 et seq.); and
                          (ii) the National Park Service Organic Act 
                        (16 U.S.C. 1 et seq.);
                  (B) Park land outside the right-of-way corridor 
                remains unimpaired consistent with the National Park 
                Service management policies in effect as of the date of 
                enactment of this Act; and
                  (C) any use of Park land outside the right-of-way 
                corridor (as of the date of enactment of this Act) 
                shall be permitted only on a temporary basis, subject 
                to such terms and conditions as the Secretary 
                determines to be necessary; and
          (2) include stipulations with respect to--
                  (A) flow monitoring and early warning measures;
                  (B) annual and periodic inspections;
                  (C) an annual maintenance plan;
                  (D) measures to identify on an annual basis capital 
                improvement needs; and
                  (E) the development of plans to address the needs 
                identified under subparagraph (D).
  (c) Limitation.--Nothing in this section limits or otherwise 
affects--
          (1) the liability of any individual or entity for damages to, 
        loss of, or injury to any resource within the Park resulting 
        from any cause or event that occurred before the date of 
        enactment of this Act; or
          (2) Public Law 101-337 (16 U.S.C. 19jj et seq), including the 
        defenses available under that Act for damage caused--
                  (A) solely by--
                          (i) an act of God;
                          (ii) an act of war; or
                          (iii) an act or omission of a third party 
                        (other than an employee or agent); or
                  (B) by an activity authorized by Federal or State 
                law.
  (d) Colorado-Big Thompson Project and Windy Gap Project.--
          (1) In general.--Nothing in this Act, including the 
        designation of the Wilderness, prohibits or affects current and 
        future operation and maintenance activities in, under, or 
        affecting the Wilderness that were allowed as of the date of 
        enactment of this Act under the Act of January 26, 1915 (16 
        U.S.C. 191), relating to the Alva B. Adams Tunnel or other 
        Colorado-Big Thompson Project facilities located within the 
        Park.
          (2) Alva b. adams tunnel.--Nothing in this Act, including the 
        designation of the Wilderness, prohibits or restricts the 
        conveyance of water through the Alva B. Adams Tunnel for any 
        purpose.
  (e) Right-of-Way.--Use of water transported by the Grand River Ditch 
for 1 or more purposes other than irrigation shall not terminate or 
adversely affect the right-of-way of the Grand River Ditch if the 
Secretary determines that the change in purpose or use does not 
adversely affect the Park.
  (f) New Reclamation Projects.--Nothing in the first section of the 
Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow 
development in the Wilderness of any reclamation project not in 
existence as of the date of enactment of this Act.
  (g) Clarification of Management Authority.--Nothing in this section 
reduces or limits the authority of the Secretary to manage land and 
resources within the Park under applicable law.

SEC. 5. EAST SHORE TRAIL AREA.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall establish within the East Shore Trail 
Area in the Park an alignment line for a trail, to be known as the 
``East Shore Trail'', to maximize the opportunity for sustained use of 
the Trail without causing--
          (1) harm to affected resources; or
          (2) conflicts among users.
  (b) Boundaries.--
          (1) In general.--After establishing the alignment line for 
        the Trail under subsection (a), the Secretary shall--
                  (A) identify the boundaries of the Trail, which shall 
                not extend more than 25 feet east of the alignment line 
                or be located within the Wilderness; and
                  (B) modify the map of the Wilderness prepared under 
                section 3(b)(1)(A) so that the western boundary of the 
                Wilderness is 50 feet east of the alignment line.
          (2) Adjustments.--To the extent necessary to protect Park 
        resources, the Secretary may adjust the boundaries of the 
        Trail, if the adjustment does not place any portion of the 
        Trail within the boundary of the Wilderness.
  (c) Inclusion in Wilderness.--On completion of the construction of 
the Trail, as authorized by the Secretary--
          (1) any portion of the East Shore Trail Area that is not 
        traversed by the Trail, that is not west of the Trail, and that 
        is not within 50 feet of the centerline of the Trail shall be--
                  (A) included in the Wilderness; and
                  (B) managed as part of the Wilderness in accordance 
                with section 3; and
          (2) the Secretary shall modify the map and boundary 
        description of the Wilderness prepared under section 3(b)(1)(A) 
        to reflect the inclusion of the East Shore Trail Area land in 
        the Wilderness.
  (d) Effect.--Nothing in this section--
          (1) requires the construction of the Trail along the 
        alignment line established under subsection (a); or
          (2) limits the extent to which any otherwise applicable law 
        or policy applies to any decision with respect to the 
        construction of the Trail.
  (e) Relation to Land Outside Wilderness.--
          (1) In general.--Except as provided in this subsection, 
        nothing in this Act affects the management or use of any land 
        not included within the boundaries of the Wilderness or the 
        potential wilderness land.
          (2) Motorized vehicles and machinery.--No use of motorized 
        vehicles or other motorized machinery that was not permitted on 
        March 1, 2006, shall be allowed in the East Shore Trail Area 
        except as the Secretary determines to be necessary for use in--
                  (A) constructing the Trail, if the construction is 
                authorized by the Secretary; or
                  (B) maintaining the Trail.
          (3) Management of land before inclusion.--Until the Secretary 
        authorizes the construction of the Trail and the use of the 
        Trail for non-motorized bicycles, the East Shore Trail Area 
        shall be managed--
                  (A) to protect any wilderness characteristics of the 
                East Shore Trail Area; and
                  (B) to maintain the suitability of the East Shore 
                Trail Area for inclusion in the Wilderness.

SEC. 6. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.

  (a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of the 
Indian Peaks Wilderness Area, the Arapaho National Recreation Area and 
the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public Law 
95-450) is amended--
          (1) by striking ``seventy thousand acres'' and inserting 
        ``74,195 acres''; and
          (2) by striking ``, dated July 1978'' and inserting ``and 
        dated May 2007''.
  (b) Arapaho National Recreation Area Boundary Adjustment.--Section 
4(a) of the Indian Peaks Wilderness Area, the Arapaho National 
Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 
460jj(a)) is amended--
          (1) by striking ``thirty-six thousand two hundred thirty-five 
        acres'' and inserting ``35,235 acres''; and
          (2) by striking ``, dated July 1978'' and inserting ``and 
        dated May 2007''.

SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT.

  (a) In General.--Section 3(k) of Public Law 91-383 (16 U.S.C. 1a-
2(k)) shall apply to the parcel of land described in subsection (b).
  (b) Description of the Land.--The parcel of land referred to in 
subsection (a) is the parcel of land known as the ``Leiffer tract'' 
that is--
          (1) located near the eastern boundary of the Park in Larimer 
        County, Colorado; and
          (2) administered by the National Park Service.

                                Purpose

    The purpose of S. 1380, as ordered reported, is to 
designate approximately 249,339 acres of land in Rocky Mountain 
National Park as wilderness and to add approximately 1,000 
acres to the Indian Peaks Wilderness in the Arapaho National 
Forest.

                          Background and Need

    Rocky Mountain National Park was established by Congress on 
January 26, 1915, to protect the natural and scenic beauty of 
the Rocky Mountains in north central Colorado. The park 
currently encompasses approximately 265,769 acres and each year 
draws more than 3 million visitors. The park's lower elevations 
include large stands of ponderosa pines, Douglas fir, and 
juniper. At higher elevations, over 9,000 feet, forests of 
Englemann spruce and subalpine fir predominate. The park 
provides important habitat for a wide variety of wildlife, 
including black bears, bighorn sheep, elk, deer, and beaver.
    In 1974 President Nixon recommended that almost 95 percent 
of Rocky Mountain National Park be designated as wilderness. 
The original recommendation proposed 239,835 acres to be 
designated as wilderness, and 479 acres to be managed as 
potential wilderness. Because the National Park Service manages 
areas recommended for wilderness the same as designated 
wilderness areas, enactment of S. 1380 will not change present 
Park Service management of the lands.
    The proposed wilderness in Rocky Mountain National Park 
excludes the Grand River Ditch, a water supply canal that runs 
14 miles through the park and predates its establishment.

                          Legislative History

    S. 1380 was introduced by Senators Salazar and Allard on 
May 14, 2007. The Subcommittee on National Parks held a hearing 
on S. 1380 on July 12, 2007 (S. Hrg. 110-158).
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 1380 favorably 
reported, with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1380, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 1380, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes the purposes section and makes several other clarifying 
and conforming changes. The amendment modifies liability 
language related to the operation of the Grand River Ditch. As 
ordered reported, the Water Supply and Storage Company, the 
operator of the Grand River Ditch, would have the strict 
liability stipulations in its right-of-way suspended as long as 
the company operated the Ditch in compliance with an operations 
and maintenance agreement agreed to with the National Park 
Service, and the amendment establishes parameters for the 
agreement. The provisions of the National Park Service Resource 
Protection Act (16 U.S.C. 19jj et seq.) would continue to 
apply, including any defenses available under that Act. The 
amendment also provides for a change in purpose of water 
transported through the Grand River Ditch, if the Secretary of 
the Interior determines that the change in purpose or use does 
not adversely affect the park. In addition, the amendment makes 
clarifying changes to the savings language for the operation 
and maintenance and conveyance of water through Colorado-Big 
Thompson facilities located within the park, including the Alva 
B. Adams Tunnel. The amendment is explained in detail in the 
section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Rocky Mountain 
National Park Wilderness and Indian Peaks Wilderness Expansion 
Act''.
    Section 2 defines key terms used in the Act.
    Section 3(a) designates approximately 249,339 acres of land 
in Rocky Mountain National Park as wilderness, as depicted on 
the referenced map.
    Subsection (b) directs the Secretary of the Interior to 
prepare a map and boundary description for the wilderness as 
soon as practicable after the date of enactment of this Act, 
and to submit the map and legal description to the House and 
Senate authorizing committees.
    Subsection (c) designates approximately 5,169 acres of 
lands within the park as potential wilderness and provides for 
their designation as wilderness once the Secretary determines 
that all uses inconsistent with the Wilderness Act have ended.
    Subsection (d) excludes certain lands from the Wilderness, 
including the Grand River Ditch, land owned by the St. Vrain & 
Left Hand Water Conservancy District, land owned by the 
Wincenstsen-Harms Trust and land within the area depicted on 
the referenced map as the ``East Shore Trail Area''.
    Subsection (e) directs the Secretary to administer the 
lands designated as wilderness in accordance with this Act and 
the Wilderness Act (16 U.S.C. 1131 et seq.).
    Subsection (f) states that the designation of wilderness 
shall not create an express or implied reservation of water by 
the United States or modify or otherwise affect any water 
rights held by the United States for the park.
    Subsection (g) authorizes the Secretary to take such 
measures as are necessary to control fire, insects, and 
diseases in accordance with the laws applicable to the park and 
the Wilderness Act.
    Section 4(a) provides that the Water Supply and Storage 
Company (the operator of the Grand River Ditch) shall be 
granted a suspension of the strict liability stipulation in its 
right-of-way through the park so long as the company is in 
compliance with an operation and maintenance agreement with the 
National Park Service.
    Subsection (b) requires that the agreement referred to in 
subsection (a) must ensure that park resources are managed in 
accordance with applicable laws, that park land outside of the 
right-of-way corridor remain unimpaired (except on a temporary 
basis, if determined necessary by the Secretary) and that the 
agreement includes stipulations with respect to flow 
monitoring, inspections, and an annual maintenance plan, among 
others.
    Subsection (c) makes clear that nothing in this Act affects 
the National Park System Resource Protection Act (16 U.S.C. 
19jj et seq.), including the defenses available under that Act.
    Subsection (d) is a savings cause to clarify that current 
and future operation and maintenance activities related to the 
Alva B. Adams Tunnel or other Colorado-Big Thompson Project 
facilities located in the Park are not affected by this Act.
    Subsection (e) allows the use of water transported by the 
Grand River Ditch for purposes other than irrigation, if the 
Secretary determines that the change in purpose does not 
adversely affect the Park.
    Subsection (f) prohibits the development of any reclamation 
project within the park not in existence as of the date of 
enactment of this Act, notwithstanding section 1 of the Act of 
January 26, 1915 (16 U.S.C. 191).
    Subsection (g) clarifies that nothing in this section 
reduces or limits the authority of the Secretary to manage land 
and resources within the park under applicable laws.
    Section 5(a) directs the Secretary to establish an 
alignment line for a trail within the park known as the ``East 
Shore Trail,'' within one year after the date of enactment, in 
the area designated on the map.
    Subsection (b) directs the Secretary to identify the 
boundaries of the trail which shall not extend more than 25 
feet east of the alignment line or be located within the 
designated wilderness area.
    Subsection (c) provides for lands within the East Shore 
Trail Area that are not traversed by the trail to be included 
in the designated wilderness.
    Subsection (d) is a savings clause clarifying that nothing 
in this section requires construction of the trail on the 
specific alignment line identified in subsection (a) or 
otherwise affects laws that would be applicable to the 
construction of the trail.
    Subsection (e) clarifies that except as provided in this 
subsection, nothing in this Act affects the management or use 
of lands outside of the wilderness boundaries. The use of 
motorized equipment that was not permitted on March 1, 2006, 
shall be prohibited in the East Shore Trail Area, except as the 
Secretary determines necessary for construction or maintenance 
of the East Shore Trail. The Secretary is directed to manage 
the East Shore Trail Area, until such time as the Secretary 
authorizes construction of the trail and the use of the trail 
for non-motorized bicycles, to protect any wilderness 
characteristics and to maintain its suitability for future 
inclusion in the wilderness.
    Section 6(a) amends Public Law 95-450 to update the acreage 
and map reference for the Indian Peaks Wilderness to reflect 
the transfer of approximately 1,000 acres of land from the 
Arapaho National Recreation Area.
    Subsection (b) updates the acreage and modifies the 
boundary for the Arapaho National Recreation Area to reflect 
the transfer of the land to the Indian Peaks Wilderness under 
subsection (a).
    Section 7 authorizes the Secretary to lease the 12-acre 
parcel of land known as the ``Leiffer Tract'' in accordance 
with Public Law 91-383 (16 U.S.C. 1a-2(k)).

                   Cost and Budgetary Considerations

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

S. 1380--Rocky Mountain National Park Wilderness and Indian Peaks 
        Wilderness Expansion Act

    S. 1380 would designate nearly 250,000 acres of lands 
within the Rocky Mountain National Park in Colorado as 
wilderness and would adjust the boundaries of other federal 
holdings within the Arapaho National Forest by about 4,000 
acres. CBO estimates that implementing the boundary changes and 
wilderness designations made by S. 1380 would have no 
significant effect on federal spending and no effect on 
revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    Under S. 1380, nearly 95 percent of the Rocky Mountain 
National Park would be designated as wilderness. Because that 
land is already managed as wilderness by the National Park 
Service (NPS), CBO estimates that the cost of that provision 
would be minimal. Changes to other federal areas, including the 
Indian Peaks Wilderness Area and the Arapaho National 
Recreation Area managed by the Forest Service, also would have 
no significant effect on the operations of any of the affected 
sites.
    S. 1380 could affect future costs incurred by the NPS (to 
repair park resources) by relaxing the liability standard 
imposed on the operator of the Grand River Ditch inside the 
boundaries of Rocky Mountain National Park. Under the bill, the 
standard of liability imposed on the water facility's operator 
(currently the Water Supply and Storage Company) would be less 
than the absolute standard imposed under its existing contract 
with the NPS--if the company meets certain operating 
conditions. Imposing a lesser standard of liability could make 
it more difficult for the NPS to recover the costs of repairing 
possible future damages that may occur as a result of future 
flooding of the ditch. CBO cannot predict whether the current 
operator of the ditch would be able to meet the operating 
conditions necessary to reduce its future liability under the 
bill or whether any breaches would occur in the future. A 
previous breach resulted in a $9 million settlement with the 
company. That money will be available, without appropriation, 
to restore park resources. If the NPS had not been able to 
recover that amount (or had not pursued its claim because 
proving liability had been too expensive), the agency would 
have needed discretionary appropriations to restore the damaged 
resources.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, 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 S. 1380. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic 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 S. 1380, as ordered reported.

                   Congressionally Directed Spending

    S. 1380, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
July 12, 2007, subcommittee hearing on S. 1380 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman and Members of the Subcommittee, thank you for 
the opportunity to present the Administration's views on S. 
1380, a bill to designate as wilderness certain land within the 
Rocky Mountain National Park and to adjust the boundaries of 
the Indian Peaks Wilderness and the Arapaho National Recreation 
Area of the Arapaho National Forest in the State of Colorado.
    The Administration cannot support S. 1380 unless amended to 
address our concerns regarding the provisions related to the 
Grand River Ditch as described in this testimony. The 
Department of the Interior testified in support of a similar 
bill, S. 1510, at a hearing held before this subcommittee on 
April 6, 2006. That bill did not contain the Grand River Ditch 
provisions.
    S. 1380 would designate approximately 249,339 acres of 
Rocky Mountain National Park's backcountry in the National 
Wilderness Preservation System. This represents approximately 
95% of the park's total acreage, lands that currently are 
managed as wilderness. In addition, S. 1380 would exclude lands 
occupied by the Grand River Ditch from wilderness, change the 
liability standard for future damage to park resources 
resulting from operation and maintenance of the ditch, enable 
the Water Supply and Storage Company to convert its Grand River 
Ditch water rights to other uses, make adjustments to the 
Indian Peaks Wilderness and Arapaho National Recreation Area, 
both administered by the U.S. Forest Service, and give the 
National Park Service (NPS) the authority to lease the Lieffer 
tract.
    In 1964, Congress designated Rocky Mountain National Park 
as a wilderness study area. In 1974, President Nixon 
recommended to Congress 239,835 acres for immediate designation 
and 5,169 acres for potential designation as wilderness in the 
park. The increased acreage amount included in S. 1380 is based 
on modifications brought about by land acquisition and boundary 
adjustments since 1974.
    Present road, water, and utility corridors, and all 
developed areas, are excluded from recommended wilderness. 
Wilderness designation would not alter any current visitor 
activities or access within the park, and would allow visitors 
to utilize the park in the same ways and locations that they 
presently enjoy.
    Federal reserved water rights for park purposes are not an 
issue related to wilderness designation as water rights for the 
park have been adjudicated through the State of Colorado water 
courts. Consequently, no water rights claims for wilderness 
purposes are needed or desired by the NPS.
    After holding public meetings on the proposed designation 
in June 2005, the gateway communities of Estes Park and Grand 
Lake, and the counties of Grand and Larimer, endorsed 
wilderness designation for Rocky Mountain National Park, 
subject to specific boundary modifications on the west boundary 
of the park. These modifications, which have been incorporated 
in S. 1380, would provide an area of non-wilderness around the 
Town of Grand Lake in order to ensure that the park could 
continue to actively manage hazardous fuels and other uses that 
might affect the Town. The proposed modifications would also 
reserve a corridor along the east shore of Shadow Mountain and 
Granby reservoirs for the possible construction of a non-
motorized hike/bike trail, which would be subject to normal NPS 
planning processes including analysis under the National 
Environmental Policy Act.
    In addition to excluding lands occupied by the Grand River 
Ditch from wilderness, S. 1380 would allow for a change in the 
liability standard for future damage to park resources 
resulting from operation and maintenance of the ditch, as long 
as the ditch is operated and maintained in accordance with an 
operations and maintenance agreement between the NPS and the 
ditch's owners. This provision would alter the protections to 
park resources under the Park System Resource Protection Act 
(16 U.S.C 19jj) which holds any person who causes injury to 
park resources liable to the United States for response costs 
and damages, except in certain circumstances such as an act of 
God or actions by a third party.
    In 1907, and again in 2000, the owners of the ditch, the 
Water Supply and Storage Company, agreed to a stipulation, in 
return for a valuable right-of-way across public land and a 
stipulated water rights agreement, that requires them to pay 
the United States for any and all damage sustained by use of 
the right-of-way regardless of the cause and circumstances.
    Altering these protections to a more lenient negligence 
standard for the Grand River Ditch, as proposed by S. 1380, 
could have serious implications for future damage causing 
events resulting from the operation of the Grand Ditch within 
park boundaries. Changing that standard to a general liability 
standard would require the NPS to expend scarce financial 
resources to prove negligence. In cases where negligence could 
not be proven, the United States would pay for response and 
repair costs associated with damage caused by operation of the 
ditch. This could set a dangerous precedent for all national 
parks and other public lands with implications far beyond the 
boundaries of Rocky Mountain National Park. Also, to 
retroactively change the 1907 stipulation would negate a 
century-old agreement that the ditch's owners have twice agreed 
to in exchange for valuable consideration it has received, the 
right-of-way itself and the 2000 stipulated water rights 
agreement.
    As proposed in S. 1380, an operations and maintenance plan 
for the ditch is clearly needed. However, it must be 
comprehensive in scope and enforceable and should not be tied 
to a change in the liability standard for the ditch. We believe 
that an effective plan must contain provisions that reduce the 
risk of catastrophic failure of the ditch (as occurred in 2003) 
that could injure park visitors and staff and harm critical 
park resources. The plan should also establish clear 
expectations regarding maintenance and operational issues that 
impact park operations. Such a plan, if fully implemented by 
the operators of the ditch, should reduce the likelihood of 
future breaches or damage causing events, which we believe is 
in the interest of all parties and should negate the perceived 
need for a change in liability protection for the park.
    S. 1380 also proposes to grant an exemption to the Water 
Supply and Storage Company from the requirement in its original 
right-of-way grant that the primary purpose of the ditch is for 
irrigation or drainage. This proposed change would enable the 
Company to convert its Grand River Ditch water rights to other 
uses, such as municipal use, without risking forfeiture of the 
ditch right-of-way, which could represent a significant 
increase in the value of the water rights for the shareholders 
of the Water Supply and Storage Company.
    The provisions of S. 1380 related to the Grand Ditch go 
beyond ensuring that ditch operations are not affected by the 
designation of wilderness and grant the owners of the ditch 
significant privileges and exemptions from existing law and 
prior agreements with the United States and a potential 
windfall by allowing a change in use of the water. We would be 
happy to work with the Committee on amendments to the bill to 
address our concerns related to the operations of the Grand 
Ditch.
    The legislation would also remove 1,000 acres of the 
Arapaho National Recreation Area in the Arapaho-Roosevelt 
National Forest and designate the land as an addition to the 
existing Indian Peaks Wilderness Area. The Administration 
supports the designation of the 1,000 acre addition to the 
Indian Peaks Wilderness.
    Finally, S. 1380 would give the NPS the authority to lease 
the Lieffer tract. This 12 acre tract is located outside the 
boundary of Rocky Mountain National Park, was donated to the 
park, and lends itself to leasing to educational institutions 
or other similar entities.
    Mr. Chairman, this concludes my statement. I would be happy 
to answer any questions that you or other members of the 
subcommittee might have.

                        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 bill S. 1380 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):

   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

             (Public Law 95-450; Approved October 11, 1978)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1. This Act may be cited as the ``Indian Peaks 
Wilderness Area, the Arapaho National Recreation Area and the 
Oregon Islands Wilderness Area Act.''

           *       *       *       *       *       *       *


SEC. 3. INDIAN PEAKS WILDERNESS AREA.

    (a) An area of land comprising approximately [seventy 
thousand acres] 74,195 acres located in Boulder and Grand 
Counties, Colorado, within the Arapaho and the Roosevelt 
National Forests (as generally depicted as the ``Indian Peaks 
Wilderness Area'' on a map entitled ``Indian Peaks Wilderness 
Area and Arapaho National Recreation Area'', dated [July 1978] 
and dated May 2007) is designated for purposes of the 
Wilderness Act (16 U.S.C. 1131-1136) as a wilderness area and 
shall be known as the Indian Peaks Wilderness Area.

           *       *       *       *       *       *       *


SEC. 4. ARAPAHO NATIONAL RECREATION AREA.

    (a) An area of land comprising approximately [thirty-six 
thousand two hundred thirty-five acres] 35,235 acres located in 
Grand County, Colorado, within the Arapaho and the Roosevelt 
National Forests and the Colorado Big Thompson project (as 
generally depicted as the ``Arapaho National Recreation Area'' 
on a map entitled ``Indian Peaks Wilderness Area and Arapaho 
National Recreation Area'', [dated July 1978] and dated May 
2007) is established as the Arapaho National Recreation Area.

           *       *       *       *       *       *       *


                                  
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