[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1424 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1424

To redesignate the Black Canyon of the Gunnison National Monument as a 
 national park, to establish the Gunnison Gorge National Conservation 
Area, to establish the Curecanti National Recreation Area, to establish 
 the Black Canyon of the Gunnison National Park Complex, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 1995

 Mr. Campbell introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To redesignate the Black Canyon of the Gunnison National Monument as a 
 national park, to establish the Gunnison Gorge National Conservation 
Area, to establish the Curecanti National Recreation Area, to establish 
 the Black Canyon of the Gunnison National Park Complex, 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 ``Black Canyon National Park Complex 
Act of 1996''.

SEC. 2. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON NATIONAL PARK.

    (a) There is hereby established the Black Canyon of the Gunnison 
National Park (hereinafter referred to as the ``park'') in the State of 
Colorado. The Black Canyon National Monument is abolished as such, and 
all lands and interest therein are hereby incorporated within and made 
part of the Black Canyon of the Gunnison National Park. Any reference 
to the Black Canyon of the Gunnison National Monument shall be deemed a 
reference to Black Canyon of the Gunnison National Park, and any funds 
available for the purposes of the monument shall be available for 
purposes of the park.
    (b) The Secretary of the Interior (hereinafter referred to as the 
``Secretary'') acting through the Director of the National Park Service 
shall manage the park, subject to valid exiting rights, in accordance 
with this Act and under the provisions of law generally applicable to 
units of the National Park System including but not limited to the Act 
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act of 
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and other 
applicable provisions of law.

SEC. 3. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.

    (a) There is hereby established the Gunnison Gorge National 
Conservation Area (hereafter referred to as the ``conservation area'') 
in the State of Colorado, consisting of approximately 64,139 acres as 
generally depicted on the map entitled ``Black Canyon of the Gunnison 
National Park Complex--Map No. 2, dated 10/27/95'' (hereinafter 
referred to as the ``map'').
    (b) The Secretary, acting through the Director of the Bureau of 
land management, shall manage the conservation area, subject to valid 
existing rights, in accordance with this Act, the Federal Land 
Management and Policy Act of 1976, and other applicable provisions of 
law.
    (c) In addition to the use of motorized vehicles on established 
roadways, the use of motorized vehicles in the conservation area shall 
be allowed to the extent compatible, in accordance with existing off-
highway vehicle designations as described in the current, approved 
management plan, or as part of the management plan prepared pursuant to 
this Act.
    (d) Within four years following the date of enactment of this Act, 
the Secretary shall develop and transmit to the Committee on Energy and 
Natural Resources of the United States Senate and to the Committee on 
Resources of the United States House of Representatives a comprehensive 
plan for the long-range protection and management of the conservation 
area. The plan shall describe the appropriate uses and management of 
the conservation area consistent with the provisions of this Act. The 
plan may incorporate appropriate decisions contained in any current 
management or activity plan for the area. The plan may also incorporate 
appropriate wildlife habitat management or other plans that have been 
prepared for the lands within or adjacent to the conservation area, and 
shall be prepared in close consultation with appropriate agencies of 
the State of Colorado and shall use information developed in previous 
studies of the lands within or adjacent to the conservation area.

SEC. 4. ESTABLISHMENT OF THE CURECANTI NATIONAL RECREATION AREA, AND 
              THE DENVER AND RIO GRANDE RAILROAD NATIONAL HISTORIC 
              SITE.

    (a) There is hereby established, the Curecanti National Recreation 
Area (hereinafter referred to as the ``recreation area'' in the State 
of Colorado. The recreation area shall consist of the lands and water 
within the area designated ``Curecanti National Recreation Area'' as 
depicted on the map.
    (b) The Secretary, acting through the Director of the National Park 
Service shall manage the recreation area, subject to valid existing 
rights, in accordance with this Act and under provisions of law 
generally applicable to units of the National Park System including but 
not limited to the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et 
seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et 
seq.), and other applicable provisions of law, except as otherwise 
provided in this section.
    (c) The establishment of the recreation area under subsection (a) 
shall not affect or interfere with the validity of withdrawals made 
before the date of enactment of this Act for reclamation or power 
purposes. Operation of improvements on and the management of lands 
occupied by dams, structures, or other facilities subject to the 
Colorado River Storage Project Act of 1956 (42 U.S.C. 620 et seq.) 
shall be the responsibility of the Secretary, acting through the 
Commissioner of the Bureau of Reclamation. Such lands shall be 
delineated through a joint agreement among the Bureau of Reclamation, 
the National Park Service, and all associated entities. The Secretary 
may enter into additional agreements which address sharing of 
jurisdiction and authorities on the delineated lands. All lands within 
the recreation area which have been withdrawn or acquired by the United 
States for reclamation purposes shall remain subject to the purposes 
and uses established under the Colorado River Storage Project Act of 
1956 (42 U.S.C. 620 et seq.). The Secretary may exclude any area from 
the recreation area for reclamation or power purposes upon determining 
that it is in the national interest to do so.
    (d) The Secretary shall administer the recreation area subject to 
all public laws, memoranda of interagency agreement, memoranda of 
agreement and/or understanding, including cooperative agreements, 
licenses, permits, and contracts and right-of-way agreements currently 
in effect, and/or referenced in the Curecanti National Recreation Area 
Statement for Management, dated November 1990.
    (e) Within the recreation area there is hereby established, subject 
to the provisions of this section, the Denver and Rio Grande National 
Historic Site (hereinafter referred to as the ``historic site'') 
consisting of the Denver and Rio Grande rolling stock and train trestle 
at Cimarron, as depicted on the map. The Secretary may include those 
portions of the historic railroad bed within the boundaries of the 
historic site which would serve to enhance or contribute to the 
interpretation of the development of the railroad and its role in the 
development of western Colorado.
    (f) Within the recreation area there is hereby established, subject 
to the provisions of this section, the Curecanti Archeological District 
(hereinafter referred to as the ``district'') as depicted on the map.
    (g) Within one year after the enactment of this Act, the Secretary 
shall submit a comprehensive list of laws, rules, regulations, right-of 
way permits and agreements, licensing agreements, special-use permits 
or other authorizing documents issued by the Bureau of Reclamation, the 
Bureau of Land Management, and the Forest Service, for the use of lands 
within the recreation area, to the Committee on Energy and Natural 
Resources of the United States Senate and to the Committee on Resources 
of the United States House of Representatives.

SEC. 5. THE ESTABLISHMENT OF THE BLACK CANYON OF THE GUNNISON NATIONAL 
              PARK COMPLEX.

    (a) There is hereby established the Black Canyon of the Gunnison 
National Park Complex (hereinafter referred to as the ``complex'') in 
the State of Colorado. The complex shall include the following lands as 
depicted on the map:
            (1) The park.
            (2) The conservation area.
            (3) The recreation area.
            (4) Those portions of lands comprising the Gunnison 
        National Forest as depicted on the map.
    (b) The Secretary, acting through the Director of the National Park 
Service shall manage the park, recreation area, historic site and 
district; and acting through the Director of the Bureau of Land 
Management, shall manage the conservation area in accordance with this 
Act, and other applicable provisions of law.
    (c) The Secretary of Agriculture, acting through the Chief of the 
Forest Service shall manage, subject to valid existing rights, those 
portions of the forest that have been included in the complex in 
accordance with the laws, rules, and regulations pertaining to the 
National Forest System and this Act.
    (d) The Secretaries shall manage the areas under their jurisdiction 
within the complex in a consistent manner to the maximum extent 
practical. Wherever possible, regulations, permits, licenses, and other 
agreements should be issued jointly. The Secretaries shall ensure that, 
to the maximum extent practical, that personnel, equipment, and other 
resources are shared among the agencies and that the duplication of 
effort is reduced or eliminated.

SEC. 6. WATER RIGHTS.

    Nothing in this Act, nor in any action taken pursuant thereto under 
any other act, shall constitute an express or implied reservation of 
water for any purpose. Nothing in this Act, nor any actions taken 
pursuant thereto shall affect any existing water rights, including, but 
not limited to, any water rights held by the United States prior to the 
date of enactment of this Act. Any water rights that the Secretary 
determines are necessary for the purposes of this Act shall be acquired 
under the procedural and substitutive requirements of the laws of the 
State of Colorado.

SEC. 7. RECREATIONAL AND MULTIPLE-USE ACTIVITIES.

    (a) In carrying out this Act, in addition to other related 
activities that may be permitted pursuant to this Act, the Secretaries 
shall provide for general recreation and multiple use activities that 
are considered appropriate and compatible within the areas of their 
respective jurisdiction, including, but not limited to, swimming, 
fishing, boating, rafting, hiking, horseback riding, camping and 
picnicking. The Secretaries shall also provide for certain multiple use 
activities, subject to valid existing rights, including grazing and the 
harvesting of hay; the maintenance of roads, stock driveways, and 
utility rights-of-way. Within the boundaries of the recreation area the 
Secretary shall also provide for off-road vehicle use below high water 
levels, on frozen lake surfaces, and on related designated access 
routes; and other such uses as the Secretary may deem appropriate.
    (b) The Secretaries shall permit hunting, fishing, noncommercial 
taking of fresh-water crustaceans, and trapping on the lands and waters 
under the Secretaries jurisdiction in accordance with applicable laws 
and regulations of the United States and the State of Colorado, except 
that the Secretaries, after consultation with the Colorado Division of 
Wildlife, may issue regulations designating zones where and 
establishing periods when no hunting or trapping shall be permitted for 
reasons of public safety, administration, or public use and enjoyment. 
Subject to valid existing rights, hunting and trapping will not be 
allowed within the boundaries of the park.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 <all>