HR 419

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To provide assistance to agricultural producers for crop and livestock losses in 2005, 2006, or 2007 as a result of natural disasters, and for other purposes.
Sponsor: Frank D. Lucas (R) OK
 
Status: Active
47 votes
 
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61% No   
 
30 votes
 
 
 
 
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Summary:
1/11/2007--Introduced.Natural Disaster Relief Act - Defines "hurricane-affected county" as: (1) a county covered by a natural disaster declaration related to Hurricanes Katrina, Rita, or Wilma, or related condition; and (2) a contiguous county. Directs the Secretary of Agriculture to provide emergency financial assistance to eligible agricultural producers (other than sugar cane and sugar beet producers) who have incurred qualifying 2005-2007 crop losses due to weather or related conditions (including crop disease, insects, and delayed harvest) with respect to which a natural disaster declaration has been made. Requires a producer who suffered qualifying losses to elect assistance for only one of such years. Directs the Secretary to provide: (1) payments through the 2002 livestock compensation program for livestock disaster losses during calendar years 2005-2007 for losses that occurred prior to of enactment of this Act (including wildfire disaster losses in Texas and other states, and blizzard losses in Colorado, Kansas, Nebraska, New Mexico, and Oklahoma); and (2) livestock indemnity payments to producers who have incurred 2005-2007 livestock disaster losses prior to enactment of this Act (including wildfire disaster losses in Texas and other states, and blizzard losses in Colorado, Kansas, Nebraska, New Mexico, and Oklahoma), including losses due to hurricanes, floods, wildfires, blizzards, and anthrax. Requires a livestock producer who suffered qualifying losses to elect assistance for only one of such years. Directs the Secretary to hire additional county Farm Service Agency personnel to assist in agricultural disaster and economic assistance programs.
 
Text of Legislation:

HR 419 IH

111th CONGRESS

1st Session

H. R. 419

To designate as wilderness certain land within the Rocky Mountain National Park and to adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest in the State of Colorado.

IN THE HOUSE OF REPRESENTATIVES

January 9, 2009

Ms. MARKEY of Colorado (for herself and Mr. POLIS of Colorado) introduced the following bill; which was referred to the Committee on Natural Resources


A BILL

To designate as wilderness certain land within the Rocky Mountain National Park and to adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest in the State of Colorado.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act’.

SEC. 2. PURPOSES.

    The purposes of this Act are--

      (1) to include in the National Wilderness Preservation System certain land within the Rocky Mountain National Park, Colorado, to protect--

        (A) the enduring scenic and historic wilderness character and unique wildlife values of the land; and

        (B) the scientific, educational, inspirational, and recreational resources, values, and opportunities of the land; and

      (2) to adjust the boundaries of the Indian Peaks Wilderness and Arapaho National Recreation Area of the Arapaho National Forest.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) MAP- The term ‘Map’ means the map entitled ‘Rocky Mountain National Park, Colorado Wilderness Boundaries’ and dated September 2006.

      (2) PARK- The term ‘Park’ means the Rocky Mountain National Park in the State.

      (3) POTENTIAL WILDERNESS LAND- The term ‘potential wilderness land’ means--

        (A) the land identified on the Map as potential wilderness; and

        (B) any land acquired by the United States on or after the date of enactment of this Act that is--

          (i) located within the boundaries of the Park; and

          (ii) contiguous with any land designated as wilderness by section 4(a).

      (4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

      (5) STATE- The term ‘State’ means the State of Colorado.

      (6) TRAIL- The term ‘Trail’ means the East Shore Trail established under section 5(a).

      (7) WILDERNESS- The term ‘Wilderness’ means the Rocky Mountain National Park Wilderness designated by section 4(a).

SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.

    (a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System approximately 249,339 acres of land in the Park, as generally depicted on the Map, which shall be known as the ‘Rocky Mountain National Park Wilderness’.

    (b) Map and Boundary Description-

      (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, 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 map and boundary description of the Wilderness.

      (2) AVAILABILITY- The map and boundary description submitted under paragraph (1) shall be on file and available for public inspection in the Office of the Director of the National Park Service.

      (3) CORRECTIONS- The Secretary may correct clerical and typographical errors in the map and boundary description submitted under paragraph (1).

      (4) EFFECT- The map and boundary description submitted under paragraph (1) shall have the same force and effect as if included in this Act.

    (c) Inclusion of Potential Wilderness Land-

      (1) IN GENERAL- On publication in the Federal Register of a notice by the Secretary that all uses of a parcel of potential wilderness land inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, the parcel shall be--

        (A) included in the Wilderness; and

        (B) managed in accordance with this section.

      (2) MAP AND BOUNDARY DESCRIPTION- The Secretary shall modify the map and boundary description prepared under subsection (b) to reflect the inclusion of the parcel in the Wilderness.

    (d) Exclusion of Certain Land- The boundaries of the Wilderness shall specifically exclude:

      (1) The Grand River Ditch (including the main canal of the Grand River Ditch and a branch of the main canal known as the ‘Specimen Ditch’), the right-of-way for the Grand River Ditch, land 200 feet on each side of the marginal limits of the Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998.

      (2) Land owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to the Reservoir from the North St. Vrain Creek, comprising approximately 35.38 acres.

      (3) Lands owned by the Wincentsen-Harms Trust, comprising approximately 2.75 acres.

      (4) Land within the area depicted as the ‘East Shore Trail Area’ on the map prepared under subsection (b)(1).

    (e) Administration-

      (1) IN GENERAL- Subject to valid existing rights, any land designated as wilderness under subsection (a) or added to the Wilderness after the date of enactment of this Act under subsection (c) shall be administered by the Secretary in accordance with--

        (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and

        (B) this Act.

      (2) EFFECTIVE DATE OF WILDERNESS ACT- With respect to the land designated as Wilderness by subsection (a) or added to the Wilderness after the date of enactment of this Act under subsection (c), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act or the date of enactment of the Act adding the land to the Wilderness, respectively.

      (3) WATER RIGHTS-

        (A) FINDINGS- Congress finds that--

          (i) according to decisions of the State courts, the United States has existing rights to water within the Park;

          (ii) the existing water rights are sufficient for the purposes of the Wilderness; and

          (iii) based on the findings described in clauses (i) and (ii), there is no need for the United States to reserve or appropriate any additional water rights to fulfill the purposes of the Wilderness.

        (B) NO RESERVATION OF WATER RIGHTS- Nothing in this Act or any action carried out pursuant to this Act shall constitute an express or implied reservation by the United States of water or water rights for any purpose.

      (4) GRAND RIVER DITCH-

        (A) LIABILITY- Notwithstanding any other provision of law, or any stipulation or applicable agreement, during any period in which the Water Supply and Storage Company (or any successor in interest to the Water Supply and Storage Company with respect to the Grand River Ditch) operates and maintains the portion of the Grand River Ditch within the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service entered into on XXXXXXXXXXXX, no individual or entity who owns, controls, or operates the Grand River Ditch shall be liable for any response costs or for any damages to, loss of, or injury to the resources of the Park resulting from any cause or event (including, but not limited to, water escaping from any part of the Grand River Ditch by overflow or as a result of a breach, failure, or partial failure of any portion of the Grand River Ditch, including the portion of the ditch located outside the Park), unless the damages to, loss of, or injury to the resources are proximately caused by the negligence or an intentional act of the individual or entity.

        (B) LIMITATION- Nothing in this section limits or otherwise affects any liability of any individual or entity for damages to, loss of, or injury to any resource of the Park resulting from any cause or event that occurred before the date of enactment of this Act.

        (C) EXISTING ACTIVITIES- Nothing in this Act, including the designation of the Wilderness under this section, shall restrict or otherwise affect any activity (including an activity carried out in response to an emergency or catastrophic event) on, under, or affecting the Wilderness or land excluded under subsection (d)(1) relating to the monitoring, operation, maintenance, repair, replacement, or use of the Grand River Ditch that was authorized or approved by the Secretary as of the date of enactment of this Act.

        (D) NO EFFECT- Notwithstanding any other provision of any previous or existing law, any stipulation, or any agreement, or interpretation thereof, use of water transported by the Grand River Ditch for a main purpose or main purposes other than irrigation shall not terminate or adversely affect the right-of-way of the Grand River Ditch, and such right-of-way shall not be deemed relinquished, forfeited, or lost, solely because such water is used for a main purpose or main purposes other than irrigation.

      (5) COLORADO-BIG THOMPSON PROJECT AND WINDY GAP PROJECT-

        (A) EXISTING ACTIVITIES- Activities (including activities that are necessary because of emergencies or catastrophic events) on, under, or affecting the Wilderness relating to the monitoring, operation, maintenance, repair, replacement, or use of the Alva B. Adams Tunnel at its designed capacity and all other Colorado-Big Thompson Project facilities located within the Park that were allowed as of the date of enactment of this Act under the Act of January 26, 1915 (16 U.S.C. 191)--

          (i) shall be allowed to continue; and

          (ii) shall not be affected by the designation of the Wilderness under this section.

        (B) EFFECT- Nothing in this Act or the designation of the Wilderness shall prohibit or restrict the conveyance of any water through the Alva B. Adams Tunnel for any purpose.

        (C) NEW RECLAMATION PROJECTS- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development in the Wilderness of any reclamation project not in existence as of the date of enactment of this Act.

      (6) NO BUFFER ZONE-

        (A) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness.

        (B) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use can be seen or heard from within the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness.

      (7) FIRE, INSECT, AND DISEASE CONTROL- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, including the use of mechanized tools, subject to such conditions as the Secretary determines to be desirable.

      (8) MANAGEMENT AUTHORITY- Nothing in this Act shall be construed as reducing or restricting the authority of the Secretary to manage the lands and other resources within the Park pursuant to the Act of January 26, 1915 (16 U.S.C. 191), and other laws applicable to the Park as of the date of enactment of this Act.

SEC. 5. EAST SHORE TRAIL AREA IN ROCKY MOUNTAIN NATIONAL PARK.


Full Text of Legislation
 
 
All Actions:

Actions Date
Action Text
1/11/2007
Referred to the Committee on Agriculture, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
1/11/2007
Referred to House Agriculture
1/11/2007
Referred to House Budget
3/2/2007
Referred to the Subcommittee on General Farm Commodities and Risk Management.
3/2/2007
Referred to the Subcommittee on Horticulture and Organic Agriculture.
3/2/2007
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
3/2/2007
Referred to the Subcommittee on Specialty Crops, Rural Development, and Foreign Agriculture.
3/2/2007
Executive Comment Requested from USDA.
 
Titles:

Natural Disaster Relief Act
To provide assistance to agricultural producers for crop and livestock losses in 2005, 2006, or 2007 as a result of natural disasters, and for other purposes.
 
Committee:

Referral, In Committee
Referral
Referral
Referral
Referral
Referral, In Committee
 
Related Bill Details:

Related bills not available.
 
Amendments

Amendments not available.
 
 
 
 
 
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