S 188 IS
111th CONGRESS
1st Session
S. 188
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.
IN THE SENATE OF THE UNITED STATES
January 8, 2009
Mr. UDALL of Colorado (for himself and Mr. SALAZAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
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,
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 one 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.
Full Text of Legislation