16 USC 539l - Designation of James Peak Protection Area, Colorado

U.S Code last checked for updates: May 03, 2024

§ 539l.

Designation of James Peak Protection Area, Colorado

(a)

Findings and purpose

(1)

Findings

The Congress finds the following:

(A)

The lands covered by this section include important resources and values, including wildlife habitat, clean water, open space, and opportunities for solitude.

(B)

These lands also include areas that are suitable for recreational uses, including use of snowmobiles in times of adequate snow cover as well as use of other motorized and nonmotorized mechanical devices.

(C)

These lands should be managed in a way that affords permanent protection to their resources and values while permitting continued recreational uses in appropriate locales and subject to appropriate regulations.

(2)

Purpose

(b)

Designation

(c)

Map and boundary description

(d)

Management

(1)

In general

Except as otherwise provided in this section, the Protection Area shall be managed and administered by the Secretary in the same manner as the management area prescription designations identified for these lands in the 1997 Revision of the Land and Resource Management Plan for the Arapaho/Roosevelt National Forest and the Pawnee National Grasslands. Such management and administration shall be in accordance with the following:

(A)

Grazing

(B)

Mining withdrawal

Subject to valid existing rights, all Federal land within the Protection Area and all land and interests in land acquired for the Protection Area by the United States are withdrawn from—

(i)

all forms of entry, appropriation, or disposal under the public land laws;

(ii)

location, entry, and patent under the mining laws; and

(iii)

the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.

Nothing in this subparagraph shall be construed to affect discretionary authority of the Secretary under other Federal laws to grant, issue, or renew rights-of-way or other land use authorizations consistent with the other provisions of this Act.

(C)

Motorized and mechanized travel

(i)

Review and inventory

Not later than two years after August 21, 2002, the Secretary, in consultation with interested parties, shall complete a review and inventory of all roads and trails in the Protection Area on which use was allowed on September 10, 2001, except those lands managed under the management prescription referred to in subparagraph (F). During the review and inventory, the Secretary may—

(I)

connect existing roads and trails in the inventoried area to other existing roads and trails in the inventoried area for the purpose of mechanized and other nonmotorized use on any lands within the Protection Area as long as there is no net gain in the total mileage of either roads or trails open for public use within the Protection Area; and

(II)

close or remove roads or trails within the Protection Area that the Secretary determines to be undesirable, except those roads or trails managed pursuant to paragraph (2) of this subsection or subsection (e)(3).

(ii)

After completion of inventory

(D)

New roads and trails

No new roads or trails shall be established within the Protection Area except those which the Secretary shall establish as follows:

(i)

Roads and trails established to replace roads or trails of the same character and scope which have become nonserviceable through reasons other than neglect.

(ii)

Nonpermanent roads as needed for hazardous fuels reduction or other control of fire, insect or disease control projects, or other management purposes.

(iii)

Roads determined to be appropriate for reasonable access under section 539l–1(b)(2) of this title.

(iv)

A loop trail established pursuant to section 539l–3 of this title.

(v)

Construction of a trail for nonmotorized use following the corridor designated as the Continental Divide Trail.

(E)

Timber harvesting

(F)

Special interest area

(2)

Natural gas pipeline

(3)

Permanent Federal ownership

(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 August 21, 2002.

(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

(3)

Water infrastructure

(Pub. L. 107–216, § 3, Aug. 21, 2002, 116 Stat. 1056.)

cite as: 16 USC 539l