Volume 92 · 1095
Public Law 95–450
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.
Approved October 11, 1978
Statutory text
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
short title
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”.
findings and purposes
Sec. 2.
The Congress finds that it is in the national interest—
to include the land within the Arapaho and the Roosevelt National Forests known as the Indian Peaks Area in the National Wilderness Preservation System so as to protect the area’s enduring scenic and historic wilderness character and its unique wildlife and to preserve the area’s scientific, educational, recreational, and inspirational resources and challenges; and
to create the Arapaho National Recreation Area within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project so as to preserve and protect the natural, scenic, historic, pastoral, and wildlife resources of the area and to enhance the recreational opportunities provided.
indian peaks wilderness area
Sec. 3.
An area of land comprising approximately seventy
thousand 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) 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.
The Indian Peaks Wilderness Area shall be administered by the
Administration.
Secretary of Agriculture (hereafter in this Act referred to as the “Secretary”) pursuant to those provisions of the Wilderness Act which govern areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act.
arapaho national recreation area
Sec. 4.
An area of land comprising approximately thirty-six
thousand two hundred thirty-five 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) is established as the Arapaho National Recreation Area.
The Secretary shall administer the Arapaho National Recreation
Administration.
Area, in accordance with the laws and regulations applicable to the national forests, in such a manner as will best provide for—
public recreation and enjoyment;
the conservation and development of the scenic, natural, historic, and pastoral values of the area;
the management, utilization, and disposal of natural resources such as timber, grazing, and mineral resources so that their utilization will not substantially impair the purposes for which the recreation area is established; and
the management of water quality in the recreation area consistent with the development of needed water supply and waste-water systems, including the control of aquatic vegetation in the streams, lakes, and reservoirs within the recreation area.
The Secretary shall develop an overall management plan for
Management plan.
the Arapaho National Recreation Area. This plan shall be developed in consultation with State and local political subdivisions and other interested persons.
recreation area
Sec. 5.
The Secretary is authorized to acquire by donation,
Land acquisition.
purchase with donated or appropriated funds, exchange, or bequest, any lands or lesser interests therein, including mineral interests and scenic easements, which the Secretary determines are needed to establish and manage the Arapaho National Recreation Area. In determining what private property is needed to establish and manage the Arapaho National Recreation Area the Secretary shall utilize the approved county zoning plan to identify those properties whose use or intended use is not in conformance with the overall intent of this Act.
As used in this section, the term “scenic casement” means the
“Scenic casement.”
right to control the use of land in order to carry out this Act, but shall not preclude the continuation of any use that is compatible with the overall management plan for the Arapaho National Recreation Area developed pursuant to subsection (c) of section 4.
In exercising the authority conferred by this section to acquire lands, the Secretary shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Arapaho National Recreation Area. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring the property. Purchases made under this authority shall be made on a willing buyer, willing seller basis.
In exercising the authority conferred by this section to acquire property by exchange, the Secretary may accept title to any non-Federal land, or interests therein, located within the Arapaho National Recreation Area and the Secretary may convey in exchange therefor any federally owned lands or interests in lands within the State of Colorado which are classified by the Secretary as suitable for exchange and which are under the Secretary’s administrative jurisdiction. The values of any lands or interests in lands so exchanged shall be approximately equal, or if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the Secretary so long as payment does not exceed 25 per centum of the total value of the land or interest in land. In utilizing cash equalization in exchanges the Secretary shall try to reduce the amount of the payment of money to as small an amount as possible. In the exercise of his exchange authority, the Secretary may utilize authorities and procedures available to him in making exchanges of national forest lands.
Any land or interest in land owned by the State of Colorado or any of its political subdivisions may be acquired only by donation or exchange.
Notwithstanding any other provision of law, any Federal lands or interests in lands located within the Arapaho National Recreation Area shall be transferred without consideration to the administrative jurisdiction of the Secretary for use by the Secretary in carrying out this Act. Lands within the Arapaho National Recreation Area acquired by the Secretary or transferred to the Secretary’s administrative jurisdiction shall become part of that recreation area and of the national forest within or adjacent to which they are located: Provided, That the operation and facilities of the Colorado Big Thompson project shall remain under the jurisdiction of the United States Bureau of Reclamation.
hunting and fishing in the arapaho national recreation area
Sec. 6.
The Secretary shall permit hunting and fishing on lands and
waters under the Secretary’s jurisdiction within the boundaries of the Arapaho National Recreation Area in accordance with the laws of the United States and the State of Colorado, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, area general administration, or public use and enjoyment. Except in emergencies,
Regulations.
any regulations made by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.
permits for facilities and services in the arapaho national recreation area
Sec. 7.
The Secretary shall cooperate with other Federal agencies,
with State and local public agencies, and with private individuals and organizations in the issuance of permits for facilities and services in the Arapaho National Recreation Area and the development and operation of those facilities and services.
application of state water laws to the arapaho national recreation area
Sec. 8.
The jurisdiction of the State of Colorado and the United
States over waters of any stream included in the Arapaho National Recreation Area shall be determined by established principles of law. Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.
filing of maps
Sec. 9.
As soon as practicable after the date of enactment of this
Act, the Secretary shall file a map and legal description of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and such description shall have the same force and effect as if included in this Act, except that correction of any clerical or typographical errors in such map and description may be made. Such map and the map entitled “Indian Peaks Wilderness Area and Arapaho National Recreation Area”, dated July 1978, shall be on file and made available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture.
state civil and criminal jurisdiction
Sec. 10.
Nothing in this Act shall diminish, enlarge, or modify any
right of the State of Colorado, or any political subdivision thereof, to exercise civil and criminal jurisdiction within the Indian Peaks Wilderness Area or the Arapaho National Recreation Area or of rights to tax persons, franchises, or property, including mineral or other interests, in or on lands or waters within those areas.
authorization of appropriations
Sec. 11.
Effective October 1, 1979, there are authorized to be appropriated
to carry out sections 1 through 10 of this Act $5,000,000 for the acquisition of lands and interests in lands and $5,000,000 for water quality and recreation development. Moneys appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interests therein within the Arapaho National Recreation Area.
oregon islands wilderness
Sec. 12.
In accordance with subsection 3(c) of the Wilderness Act (78 Stat. 892), certain lands in the Oregon Islands National Wildlife
Refuge, Oregon, which comprise approximately four hundred fifty-nine acres, which are depicted on a map entitled “Oregon Islands Wilderness—Proposed”, dated June 1972 (revised July 1972), is hereby designated as wilderness and shall become a part of the existing “Oregon Islands Wilderness”.
As soon as practicable after this Act takes effect, the Secretary
Filing of map with congressional committees.
of the Interior shall file a map and legal description of the Oregon Islands Wilderness with the Committee on Energy and Natural Resources of the Senate and the Interior and Insular Affairs Committee of the House of Representatives and such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal description and map may be made. A map and legal description of the Oregon Islands Wilderness shall be on file and available for public inspection in the Office of the Director, Fish and Wildlife Service, Department of the Interior.
The lands designated by this Act as the Oregon Islands Wilderness shall be administered in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act and, where appropriate, any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior.
rocky mountain national park study
Sec. 13.
Within one year of the date of enactment of this Act, the
Report to congressional committees.
Secretary of Agriculture and the Secretary of the Interior shall jointly develop and submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive report studying and evaluating the suitability of revising the boundaries of Rocky Mountain National Park to include all or part of the Indian Peaks Wilderness Area as established by this Act and examining the possible addition or deletion of other lands designated as “Park Study Area” on a map entitled “Indian Peaks Wilderness Area and Arapaho National Recreation Area” dated July 1978: Provided, That regardless of the ultimate administration of the areas to be studied under this section, the seventy thousand-acre Indian Peaks Wilderness Area established by this Act shall remain as a component of the National Wilderness Preservation System.
Approved October 11, 1978.