Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act - Designates certain lands in Rocky Mountain National Park, Colorado, as the Rocky Mountain National Park Wilderness (the Wilderness) and as a component of the National Wilderness Preservation System. Provides for the inclusion of specified potential wilderness land within the Park in such Wilderness.
Sets forth provisions: (1) governing continued operations at the Grand River Ditch; and (2) concerning water rights and permitted and prohibited activities within such Wilderness.
Directs the Secretary of the Interior to establish an alignment line and identify the boundaries for the East Shore Trail within the East Shore Trail Area. Authorizes necessary adjustments in such boundaries, except any that would place any portion of the Trail in such Wilderness. Includes any portion of such 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 in such Wilderness.
Amends the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to adjust the boundaries of: (1) the Indian Peaks Wilderness Area; and (2) the Arapaho National Recreation Area.
Applies provisions governing leases of National Park System buildings and property to property known as the Leiffer tract near the Park's eastern boundary in Larimer County, Colorado.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 419 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 419
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2009
Ms. Markey of Colorado (for herself and Mr. Polis of Colorado)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Mountain National Park
Wilderness and Indian Peaks Wilderness Expansion Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to include in the National Wilderness Preservation
System certain land within the Rocky Mountain National Park,
Colorado, to protect--
(A) the enduring scenic and historic wilderness
character and unique wildlife values of the land; and
(B) the scientific, educational, inspirational, and
recreational resources, values, and opportunities of
the land; and
(2) to adjust the boundaries of the Indian Peaks Wilderness
and Arapaho National Recreation Area of the Arapaho National
Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``Rocky
Mountain National Park, Colorado Wilderness Boundaries'' and
dated September 2006.
(2) Park.--The term ``Park'' means the Rocky Mountain
National Park in the State.
(3) Potential wilderness land.--The term ``potential
wilderness land'' means--
(A) the land identified on the Map as potential
wilderness; and
(B) any land acquired by the United States on or
after the date of enactment of this Act that is--
(i) located within the boundaries of the
Park; and
(ii) contiguous with any land designated as
wilderness by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Colorado.
(6) Trail.--The term ``Trail'' means the East Shore Trail
established under section 5(a).
(7) Wilderness.--The term ``Wilderness'' means the Rocky
Mountain National Park Wilderness designated by section 4(a).
SEC. 4. 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, which shall be known as the ``Rocky Mountain National Park
Wilderness''.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to 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 Wilderness.
(2) Availability.--The map and boundary description
submitted under paragraph (1) shall be on file and available
for public inspection in the Office of the Director of the
National Park Service.
(3) Corrections.--The Secretary may correct clerical and
typographical errors in the map and boundary description
submitted under paragraph (1).
(4) Effect.--The map and boundary description submitted
under paragraph (1) shall have the same force and effect as if
included in this Act.
(c) Inclusion of Potential Wilderness Land.--
(1) In general.--On publication in the Federal Register of
a notice by the Secretary that all uses of a parcel of
potential wilderness land inconsistent with the Wilderness Act
(16 U.S.C. 1131 et seq.) have ceased, the parcel shall be--
(A) included in the Wilderness; and
(B) managed in accordance with this section.
(2) Map and boundary description.--The Secretary shall
modify the map and boundary description prepared under
subsection (b) to reflect the inclusion of the parcel in the
Wilderness.
(d) Exclusion of Certain Land.--The boundaries of the Wilderness
shall specifically exclude:
(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 marginal limits of the
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 the North St. Vrain Creek,
comprising approximately 35.38 acres.
(3) Lands owned by the Wincentsen-Harms Trust, comprising
approximately 2.75 acres.
(4) Land within the area depicted as the ``East Shore Trail
Area'' on the map prepared under subsection (b)(1).
(e) Administration.--
(1) In general.--Subject to valid existing rights, any land
designated as wilderness under subsection (a) 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--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) this Act.
(2) Effective date of wilderness act.--With respect to the
land designated as Wilderness by subsection (a) or added to the
Wilderness after the date of enactment of this Act under
subsection (c), any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of the Wilderness Act shall
be deemed to be a reference to the date of enactment of this
Act or the date of enactment of the Act adding the land to the
Wilderness, respectively.
(3) Water rights.--
(A) Findings.--Congress finds that--
(i) according to decisions of the State
courts, the United States has existing rights
to water within the Park;
(ii) the existing water rights are
sufficient for the purposes of the Wilderness;
and
(iii) based on the findings described in
clauses (i) and (ii), there is no need for the
United States to reserve or appropriate any
additional water rights to fulfill the purposes
of the Wilderness.
(B) No reservation of water rights.--Nothing in
this Act or any action carried out pursuant to this Act
shall constitute an express or implied reservation by
the United States of water or water rights for any
purpose.
(4) Grand river ditch.--
(A) Liability.--Notwithstanding any other provision
of law, or any stipulation or applicable agreement,
during any period in which the Water Supply and Storage
Company (or any successor in interest to the Water
Supply and Storage Company with respect to the Grand
River Ditch) operates and maintains the portion of the
Grand River Ditch within the Park in compliance with an
operations and maintenance agreement between the Water
Supply and Storage Company and the National Park
Service entered into on ____________, no individual or
entity who owns, controls, or operates the Grand River
Ditch shall be liable for any response costs or for any
damages to, loss of, or injury to the resources of the
Park resulting from any cause or event (including, but
not limited to, water escaping from any part of the
Grand River Ditch by overflow or as a result of a
breach, failure, or partial failure of any portion of
the Grand River Ditch, including the portion of the
ditch located outside the Park), unless the damages to,
loss of, or injury to the resources are proximately
caused by the negligence or an intentional act of the
individual or entity.
(B) Limitation.--Nothing in this section limits or
otherwise affects any liability of any individual or
entity for damages to, loss of, or injury to any
resource of the Park resulting from any cause or event
that occurred before the date of enactment of this Act.
(C) Existing activities.--Nothing in this Act,
including the designation of the Wilderness under this
section, shall restrict or otherwise affect any
activity (including an activity carried out in response
to an emergency or catastrophic event) on, under, or
affecting the Wilderness or land excluded under
subsection (d)(1) relating to the monitoring,
operation, maintenance, repair, replacement, or use of
the Grand River Ditch that was authorized or approved
by the Secretary as of the date of enactment of this
Act.
(D) No effect.--Notwithstanding any other provision
of any previous or existing law, any stipulation, or
any agreement, or interpretation thereof, use of water
transported by the Grand River Ditch for a main purpose
or main purposes other than irrigation shall not
terminate or adversely affect the right-of-way of the
Grand River Ditch, and such right-of-way shall not be
deemed relinquished, forfeited, or lost, solely because
such water is used for a main purpose or main purposes
other than irrigation.
(5) Colorado-big thompson project and windy gap project.--
(A) Existing activities.--Activities (including
activities that are necessary because of emergencies or
catastrophic events) on, under, or affecting the
Wilderness relating to the monitoring, operation,
maintenance, repair, replacement, or use of the Alva B.
Adams Tunnel at its designed capacity and all other
Colorado-Big Thompson Project facilities located within
the Park that were allowed as of the date of enactment
of this Act under the Act of January 26, 1915 (16
U.S.C. 191)--
(i) shall be allowed to continue; and
(ii) shall not be affected by the
designation of the Wilderness under this
section.
(B) Effect.--Nothing in this Act or the designation
of the Wilderness shall prohibit or restrict the
conveyance of any water through the Alva B. Adams
Tunnel for any purpose.
(C) 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.
(6) No buffer zone.--
(A) In general.--Nothing in this Act creates a
protective perimeter or buffer zone around the
Wilderness.
(B) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from
within the Wilderness shall not preclude the conduct of
the activity or use outside the boundary of the
Wilderness.
(7) Fire, insect, and disease control.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary may take such measures in the Wilderness as are
necessary to control fire, insects, and diseases, including the
use of mechanized tools, subject to such conditions as the
Secretary determines to be desirable.
(8) Management authority.--Nothing in this Act shall be
construed as reducing or restricting the authority of the
Secretary to manage the lands and other resources within the
Park pursuant to the Act of January 26, 1915 (16 U.S.C. 191),
and other laws applicable to the Park as of the date of
enactment of this Act.
SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NATIONAL PARK.
(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 Rocky Mountain National 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
area; and
(B) modify the map of the Wilderness prepared under
section 4(b)(1) so that the western boundary of the
Wilderness is 50 feet east of the alignment line.
(2) Adjustments.--To the extent necessary to protect
National Park System 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 4; and
(2) the Secretary shall modify the map and boundary
description of the wilderness prepared under section 4(b)(1) 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 shall affect 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. INDIAN PEAKS WILDERNESS AND ARAPAHO NATIONAL RECREATION AREA
BOUNDARY ADJUSTMENT.
(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 ``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 ``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 Rocky Mountain
National Park in Larimer County, Colorado; and
(2) administered by the National Park Service.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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