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(iii) Roads determined to be appropriate for reasonable access under section 4(b)(2).
(iv) A loop trail established pursuant to section
(v) Construction of a trail for nonmotorized use following the corridor designated as the Continental Divide Trail.
(E) TIMBER HARVESTING.-No timber harvesting shall be allowed within the Protection Area except to the extent needed for hazardous fuels reduction or other control of fire, insect or disease control projects, or protection of public health or safety.
(F) SPECIAL INTEREST AREA.-The management prescription applicable to the lands described in the 1997 Revision of the Land and Resource Management Plan as the James Peak Special Interest Area shall also be applicable to all the lands in the Protection Area that are bounded on the north by Rollins Pass Road, on the east by the Continental Divide, and on the west by the 11,300 foot elevation contour as shown on the map referred to in subsection (b). In addition, motorized vehicle_use shall not be permitted on any part of the Rogers Pass trail.
(2) NATURAL GAS PIPELINE.-The Secretary shall allow for maintenance of rights-of-ways and access roads located within the Protection Area to the extent necessary to operate the natural gas pipeline permitted under the Arapaho/Roosevelt National Forest master permit numbered 4138.01 in a manner that avoids negative impacts on public safety and allows for compliance with Federal pipeline safety requirements. Such maintenance may include vegetation management, road maintenance, ground stabilization, and motorized vehicle access.
(3) PERMANENT FEDERAL OWNERSHIP.-All right, title, and interest of the United States, held on or acquired after the date of the enactment of this Act, to lands within the boundaries of the Protection Area shall be retained by the United States. (e) ISSUES RELATED TO WATER.—
(1) STATUTORY CONSTRUCTION.—
(A) Nothing in this Act shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the lands within the Protection Area.
(B) Nothing in this Act shall affect any conditional or absolute water rights in the State of Colorado existing on the date of the enactment of this Act.
(C) Nothing in this subsection shall be construed as establishing a precedent with regard to any future protection area designation.
(D) Nothing in this Act shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States.
(2) COLORADO WATER LAW.-The Secretary shall follow the procedural and substantive requirements of the law of the State of Colorado in order to obtain and hold any new water rights with respect to the Protection Area.
(3) WATER INFRASTRUCTURE.-Nothing in this Act (including the provisions related to establishment or management of the Protection Area) shall affect, impede, interfere with, or diminish the operation, existence, access, maintenance, improvement, or construction of water facilities and infrastructure, rights-of-way, or other water-related property, interests, and uses, (including the use of motorized vehicles and equipment existing or located on lands within the Protection Area) on any lands except those lands managed under the management prescription referred to in subsection (d)(1)(F).
(a) STATE LAND BOARD LANDS.-If the Colorado State Land Board informs the Secretary that the Board is willing to transfer to the United States some or all of the lands owned by the Board located within the Protection Area, the Secretary shall promptly seek to reach agreement with the Board regarding terms and conditions for acquisition of such lands by the United States by purchase or exchange.
(b) JIM CREEK INHOLDING.—
(1) ACQUISITION OF LANDS.-The Secretary shall enter into negotiations with the owner of lands located within the portion of the Jim Creek drainage within the Protection Area for the purpose of acquiring the lands by purchase or exchange, but the United States shall not acquire such lands without the consent of the owner of the lands.
(2) LANDOWNER RIGHTS.-Nothing in this Act shall affect any rights of the owner of lands located within the Jim Creek drainage within the Protection Area, including any right to reasonable access to such lands by motorized or other means as determined by the Forest Service and the landowner consistent with applicable law and relevant and appropriate rules and regulations governing such access. (c) REPORT.
(1) IN GENERAL.-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 report concerning any agreement or the status of negotiations conducted pursuant to
(A) subsection (a), upon conclusion of an agreement for acquisition by the United States of lands referred to in subsection (a), or 1 year after the date of the enactment of this Act, whichever occurs first; and
(B) subsection (b), upon conclusion of an agreement for acquisition by the United States of lands referred to in subsection (b), or 1 year after the date of the enactment of this Act, whichever occurs first.
(2) FUNDING INFORMATION.-The report required by this subsection shall indicate to what extent funds are available to the Secretary as of the date of the report for the acquisition of the relevant lands and whether additional funds need to be appropriated or otherwise made available to the Secretary for such purpose.
(d) MANAGEMENT OF ACQUISITIONS.-Any lands within the James Peak Wilderness or the Protection Area acquired by the United States after the date of the enactment of this Act shall
16 USC 539/-1.
16 USC 5391-2.
16 USC 5391-3. Deadline.
16 USC 539/-4.
be added to the James Peak Wilderness or the Protection Area, respectively, and managed accordingly.
SEC. 5. JAMES PEAK FALL RIVER TRAILHEAD.
(a) SERVICES AND FACILITIES.-Following the consultation required by subsection (c), the Forest Supervisor of the Arapaho/ Roosevelt National Forest in the State of Colorado (in this section referred to as the "Forest Supervisor") shall establish a trailhead and corresponding facilities and services to regulate use of National Forest System lands in the vicinity of the Fall River basin south of the communities of Alice Township and St. Mary's Glacier in the State of Colorado. The facilities and services shall include the following:
(1) Trailhead parking.
(2) Public restroom accommodations.
(3) Trailhead and trail maintenance.
(b) PERSONNEL.-The Forest Supervisor shall assign Forest Service personnel to provide appropriate management and oversight of the area described in subsection (a).
(c) CONSULTATION.-The Forest Supervisor shall consult with the Clear Creek County commissioners and with residents of Alice Township and St. Mary's Glacier regarding
(1) the appropriate location of facilities and services in the area described in subsection (a); and
(2) appropriate measures that may be needed in this area(A) to provide access by emergency or law enforcement vehicles;
(B) for public health; and
(C) to address concerns regarding impeded access by local residents.
(d) REPORT.-After the consultation required by subsection (c), the Forest Supervisor shall submit to the Committee on Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report regarding the amount of any additional funding required to implement this
SEC. 6. LOOP TRAIL STUDY; AUTHORIZATION.
(a) STUDY.-Not later than three years after funds are first made available for this purpose, the Secretary, in consultation with interested parties, shall complete a study of the suitability and feasibility of establishing, consistent with the purpose set forth in section 3(a)(2), a loop trail for mechanized and other nonmotorized recreation connecting the trail designated as "Rogers Pass" and the trail designated as "Rollins Pass Road".
(b) ESTABLISHMENT.-If the results of the study required by subsection (a) indicate that establishment of such a loop trail would be suitable and feasible, consistent with the purpose set forth in section 3(a)(2), the Secretary shall establish the loop trail in a manner consistent with that purpose.
SEC. 7. OTHER ADMINISTRATIVE PROVISIONS.
(a) BUFFER ZONES.-The designation by this Act or by amendments made by this Act of wilderness areas and the Protection Area in the State of Colorado shall not create or imply the creation of protective perimeters or buffer zones around any wilderness area or the Protection Area. The fact that nonwilderness activities
or uses can be seen or heard from within a wilderness area or Protection Area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area or the Protection Area.
(b) ROLLINS PASS ROAD.-If requested by one or more of the Colorado Counties of Grand, Gilpin, and Boulder, the Secretary shall provide technical assistance and otherwise cooperate with respect to repairing the Rollins Pass road in those counties sufficiently to allow two-wheel-drive vehicles to travel between Colorado State Highway 119 and U.S. Highway 40. If this road is repaired to such extent, the Secretary shall close the motorized roads and trails on Forest Service land indicated on the map entitled "Rollins Pass Road Reopening: Attendant Road and Trail Closures", dated September 2001.
SEC. 8. WILDERNESS POTENTIAL.
(a) IN GENERAL.-Nothing in this Act shall preclude or restrict the authority of the Secretary to evaluate the suitability of lands in the Protection Area for inclusion in the National Wilderness Preservation System or to make recommendations to Congress for such inclusion.
(b) EVALUATION OF CERTAIN LANDS.-In connection with the first revision of the land and resources management plan for the Arapaho/Roosevelt National Forest after the date of the enactment of this Act, the Secretary shall evaluate the suitability of the lands managed under the management prescription referred to in section 3(d)(1)(F) for inclusion in the National Wilderness Preservation System and make recommendations to Congress regarding such inclusion.
Approved August 21, 2002.
16 USC 539/-5.
LEGISLATIVE HISTORY-H.R. 1576:
HOUSE REPORTS: No. 107-316 (Comm. on Resources).
SENATE REPORTS: No. 107-200 (Comm. on Energy and Natural Resources).
Vol. 147 (2001): Dec. 11, considered and passed House.
Vol. 148 (2002): Aug. 1, considered and passed Senate.
Aug. 21, 2002 [H.R. 2068]
40 USC note prec. 101.
Public Law 107-217
To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, "Public Buildings, Property, and Works".
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TITLE 40, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified, and enacted as title 40, United States Code, "Public Buildings, Property, and Works", as follows:
TITLE 40-PUBLIC BUILDINGS,
111. Application to Federal Property and Administrative Services Act of 1949.