H.R. 903

Colorado Northern Front Range Mountain Backdrop Protection Study Act

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        [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