[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.
* * * * * * *