Page:United States Statutes at Large Volume 123.djvu/1093

 123STA T . 1 07 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(E)thed e v e lopm e n to f pl a n s to add r ess the needs i dentified u nder su b para g raph ( D ) . ( c ) LIM I TA TI ON . —N othing in this section limits or other w ise affects— ( 1 ) the liabilit y of any individual or entity for damages to , loss of, or in j ury to any resource within the P ar k resulting from any cause or event that occurred before the date of enact - ment of this A ct or ( 2 ) Public Law 1 0 1 –3 3 7 (1 6U . S . C . 1 9 jjetse q .), including the defenses available under that Act for damage caused— (A) solely by— (i) an act of G od; (ii) an act of war; or (iii) an act or omission of a third party (other than an employee or agent); or ( B ) by an activity authori z ed by F ederal or State law. (d) CO L O R A D O-BI GTH OM PS ON PRO JEC T AND W IND Y GAP PROJECT.— (1) I N GENERAL.—Nothing in this subtitle, including the designation of the Wilderness, prohibits or affects current and future operation and maintenance activities in, under, or affecting the Wilderness that were allowed as of the date of enactment of this Act under the Act of J anuary 26, 191 5 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado–Big Thompson Project facilities located within the Park. (2) AL V A B. ADAMS T U NNEL.—Nothing in this subtitle, including the designation of the Wilderness, prohibits or restricts the conveyance of water through the Alva B. Adams Tunnel for any purpose. (e) R IGHT-O F -WAY.—Notwithstanding the Act of M arch 3, 1 8 91 ( 4 3 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of way for the Grand River Ditch shall not be terminated, forfeited, or otherwise affected as a result of the water transported by the Grand River Ditch being used primarily for domestic pur- poses or any purpose of a public nature, unless the Secretary determines that the change in the main purpose or use adversely affects the Park. (f) NE W 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 notine x istence as of the date of enactment of this Act. (g) CLARIFICATION OF MANAGEMENT AUTHORITY.—Nothing in this section reduces or limits the authority of the Secretary to manage land and resources within the Park under applicable law. SEC.1954 .E A S T S HOR E TRA IL AREA. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall establish within the East Shore Trail Area in the Park an alignment line for a trail, to be known as the ‘ ‘East Shore Trail ’ ’, to maximize the opportunity for sustained use of the Trail without causing— (1) harm to affected resources; or (2) conflicts among users. (b) BOUNDARIES.— (1) IN GENERAL.—After establishing the alignment line for the Trail under subsection (a), the Secretary shall— Deadlin e . De t e rm inati o n.