Page:United States Statutes at Large Volume 116 Part 2.djvu/276

 116 STAT. 1058 PUBLIC LAW 107-216—AUG. 21, 2002 Applicability. (iii) Roads determined to be appropriate for reasonable access under section 4(b)(2). (iv) A loop trail established pursuant to section 6. (v) Construction of a trail for nonmotorized use following the corridor designated as the Continental Divide Trail. (E) TIMBER HARVESTING. — No timber harvesting shall be allowed within the Protection Area except to the extent needed for hazardous fuels reduction or other control of fire, insect or disease control projects, or protection of public health or safety. (F) SPECIAL INTEREST AREA. —The management prescription applicable to the lands described in the 1997 Revision of the Land and Resource Management Plan as the James Peak Special Interest Area shall also be applicable to all the lands in the Protection Area that are bounded on the north by Rollins Pass Road, on the east by the Continental Divide, and on the west by the 11,300 foot elevation contour as shown on the map referred to in subsection (b). In addition, motorized vehicle use shall not be permitted on any part of the Rogers Pass trail. (2) NATURAL GAS PIPELINE. — The Secretary shall allow for maintenance of rights-of-ways and access roads located within the Protection Area to the extent necessary to operate the natural gas pipeline permitted under the Arapaho/Roosevelt National Forest master permit numbered 4138.01 in a manner that avoids negative impacts on public safety and allows for compliance with Federal pipeline safety requirements. Such maintenance may include vegetation management, road maintenance, ground stabilization, and motorized vehicle access. (3) PERMANENT FEDERAL OWNERSHIP.—Al l right, title, and interest of the United States, held on or acquired after the date of the enactment of this Act, to lands within the boundaries of the Protection Area shall be retained by the United States. (e) ISSUES RELATED TO WATER.— (1) STATUTORY CONSTRUCTION.— (A) Nothing in this Act shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the lands within the Protection Area. (B) Nothing in this Act shall affect any conditional or absolute water rights in the State of Colorado existing on the date of the enactment of this Act. (C) Nothing in this subsection shall be construed as establishing a precedent with regard to any future protection area designation. (D) Nothing in this Act shall be construed as limiting, alj;ering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States. (2) COLORADO WATER LAW.— The Secretary shall follow the procedural and substantive requirements of the law of the State of Colorado in order to obtain and hold any new water rights with respect to the Protection Area.

�