[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 903 Reported in Senate (RS)]






                                                      Calendar No. 1014
110th CONGRESS
  2d Session
                                H. R. 903


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2007

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
    To provide for a study of options for protecting the open space 
  characteristics of certain lands in and adjacent to the Arapaho and 
    Roosevelt National Forests in Colorado, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Colorado 
Northern Front Range Mountain Backdrop Protection Study 
Act''.</DELETED>
<DELETED>    (b) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) Rising dramatically from the Great Plains, the 
        Front Range of the Rocky Mountains provides a scenic mountain 
        backdrop to many communities in the Denver metropolitan area 
        and elsewhere in Colorado. The portion of the range within and 
        adjacent to the Arapaho and Roosevelt National Forests also 
        includes a diverse array of wildlife habitats and provides many 
        opportunities for outdoor recreation.</DELETED>
        <DELETED>    (2) The open space character of this mountain 
        backdrop is an important esthetic and economic asset for 
        adjoining communities, making them attractive locations for 
        homes and businesses.</DELETED>
        <DELETED>    (3) Rapid population growth in the northern Front 
        Range area of Colorado is increasing recreational use of the 
        Arapaho and Roosevelt National Forests and is also placing 
        increased pressure for development of other lands within and 
        adjacent to that national forest.</DELETED>
        <DELETED>    (4) Efforts by local governments and other 
        entities have provided important protection for portions of 
        this mountain backdrop, especially in the northern Denver 
        metropolitan area. However, some portions of the mountain 
        backdrop in this part of Colorado remain unprotected and are at 
        risk of losing their open space qualities.</DELETED>
        <DELETED>    (5) It is in the national interest for the Federal 
        Government, in collaboration with local communities, to assist 
        in identifying options for increasing the protection of the 
        mountain backdrop in the northern Front Range area of 
        Colorado.</DELETED>
<DELETED>    (c) Purpose.--The purpose of this Act is to identify 
options that may be available to assist in maintaining the open space 
characteristics of lands that are part of the mountain backdrop of 
communities in the northern section of the Front Range area of 
Colorado.</DELETED>

<DELETED>SEC. 2. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP 
              STUDY.</DELETED>

<DELETED>    (a) Study and Report.--The Secretary of Agriculture, 
acting through the Chief of the Forest Service and in consultation with 
the State and local officials and agencies specified in subsection (c), 
shall review the lands within the study area and, not later than one 
year after the date of the enactment of this Act, shall report to such 
officials and to Congress regarding the following:</DELETED>
        <DELETED>    (1) The present ownership of such lands.</DELETED>
        <DELETED>    (2) Which undeveloped land may be at risk of 
        development.</DELETED>
        <DELETED>    (3) Actions that could be taken by the United 
        States, the State of Colorado or a political subdivision of 
        such State, or any other parties to preserve the open and 
        undeveloped character of such lands.</DELETED>
<DELETED>    (b) Definitions.--For the purposes of this section, the 
following definitions apply:</DELETED>
        <DELETED>    (1) Study area.--The term ``study area'' means 
        those lands in southern Boulder, northern Jefferson, and 
        northern Gilpin Counties, Colorado, that are situated west of 
        Colorado State Highway 93, south and east of Colorado State 
        Highway 119, and north of Colorado State Highway 46, excluding 
        lands within the city limits of the cities of Boulder or 
        Golden, Colorado, as generally depicted on the map entitled 
        ``Northern Front Range Mountain Backdrop Study Area'' dated 
        April, 2006.</DELETED>
        <DELETED>    (2) Undeveloped land.--The term ``undeveloped 
        land'' means land that--</DELETED>
                <DELETED>    (A) is located within the study 
                area;</DELETED>
                <DELETED>    (B) is free or primarily free of 
                structures; and</DELETED>
                <DELETED>    (C) the development of which is likely to 
                adversely affect the scenic, wildlife, or recreational 
                value of the study area.</DELETED>
<DELETED>    (c) Consultations.--In implementing this Act, the 
Secretary shall consult with the following:</DELETED>
        <DELETED>    (1) The Colorado Department of Natural 
        Resources.</DELETED>
        <DELETED>    (2) Colorado State Forest Service.</DELETED>
        <DELETED>    (3) Colorado State Conservation Board.</DELETED>
        <DELETED>    (4) Great Outdoors Colorado.</DELETED>
        <DELETED>    (5) The Boards of County Commissioners of Boulder, 
        Jefferson, and Gilpin Counties, Colorado.</DELETED>
<DELETED>    (d) Rule of Construction.--Nothing in this Act shall be 
construed as authorizing the Secretary of Agriculture to take any 
action that would affect the use of any lands not owned by the United 
States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Colorado Northern Front Range 
Mountain Backdrop Protection Study Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to identify options that may be 
available to assist in maintaining the open space characteristics of 
land that is part of the mountain backdrop of communities in the 
northern section of the Front Range area of Colorado.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (2) State.--The term ``State'' means the State of Colorado.
            (3) Study area.--
                    (A) In general.--The term ``study area'' means the 
                land in southern Boulder, northern Jefferson, and 
                northern Gilpin Counties, Colorado, that is located 
                west of Colorado State Highway 93, south and east of 
                Colorado State Highway 119, and north of Colorado State 
                Highway 46, as generally depicted on the map entitled 
                ``Colorado Northern Front Range Mountain Backdrop 
                Protection Study Act: Study Area'' and dated August 27, 
                2008.
                    (B) Exclusions.--The term ``study area'' does not 
                include land within the city limits of the cities of 
                Arvada, Boulder, or Golden, Colorado.
            (4) Undeveloped land.--The term ``undeveloped land'' means 
        land--
                    (A) that is located within the study area;
                    (B) that is free or primarily free of structures; 
                and
                    (C) the development of which is likely to affect 
                adversely the scenic, wildlife, or recreational value 
                of the study area.

SEC. 4. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.

    (a) Study; Report.--Not later than 1 year after the date of 
enactment of this Act and except as provided in subsection (c), the 
Secretary shall--
            (1) conduct a study of the land within the study area; and
            (2) complete a report that--
                    (A) identifies the present ownership of the land 
                within the study area;
                    (B) identifies any undeveloped land that may be at 
                risk of development; and
                    (C) describes any actions that could be taken by 
                the United States, the State, a political subdivision 
                of the State, or any other parties to preserve the open 
                and undeveloped character of the land within the study 
                area.
    (b) Requirements.--The Secretary shall conduct the study and 
develop the report under subsection (a) with the support and 
participation of 1 or more of the following State and local entities:
            (1) The Colorado Department of Natural Resources.
            (2) Colorado State Forest Service.
            (3) Colorado State Conservation Board.
            (4) Great Outdoors Colorado.
            (5) Boulder, Jefferson, and Gilpin Counties, Colorado.
    (c) Limitation.--If the State and local entities specified in 
subsection (b) do not support and participate in the conduct of the 
study and the development of the report under this section, the 
Secretary may--
            (1) decrease the area covered by the study area, as 
        appropriate; or
            (2)(A) opt not to conduct the study or develop the report; 
        and
            (B) submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives notice of the decision not to conduct 
        the study or develop the report.
    (d) Effect.--Nothing in this Act authorizes the Secretary to take 
any action that would affect the use of any land not owned by the 
United States.
                                                      Calendar No. 1014

110th CONGRESS

  2d Session

                               H. R. 903

_______________________________________________________________________

                                 AN ACT

    To provide for a study of options for protecting the open space 
  characteristics of certain lands in and adjacent to the Arapaho and 
    Roosevelt National Forests in Colorado, and for other purposes.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment