[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1165 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1165

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 1999

 Mr. McInnis (for himself, Mr. Schaffer, and Mr. Tancredo) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To redesignate the Black Canyon of the Gunnison National Monument as a 
 national park and establish the Gunnison Gorge National Conservation 
                     Area, 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 and 
Gunnison Gorge National Conservation Area Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Black Canyon of the Gunnison National Monument was 
        established for the preservation of its spectacular gorges and 
        additional features of scenic, scientific, and educational 
        interest;
            (2) the Black Canyon and adjacent upland include a variety 
        of unique ecological, geological, scenic, historical, and 
        wildlife components enhanced by the serenity and rural western 
        setting of the area;
            (3) the Black Canyon and adjacent land provide extensive 
        opportunities for educational and recreational activities, and 
        are publicly used for hiking, camping, and fishing, and for 
        wilderness value, including solitude;
            (4) adjacent public land downstream of the Black Canyon of 
        the Gunnison National Monument has wilderness value and offers 
        unique geological, paleontological, scientific, educational, 
        and recreational resources;
            (5) public land adjacent to the Black Canyon of the 
        Gunnison National Monument contributes to the protection of the 
        wildlife, viewshed, and scenic qualities of the Black Canyon;
            (6) some private land adjacent to the Black Canyon of the 
        Gunnison National Monument has exceptional natural and scenic 
        value, that, would be threatened by future development 
        pressures;
            (7) the benefits of designating public and private land 
        surrounding the national monument as a national park include 
        greater long-term protection of the resources and expanded 
        visitor use opportunities; and
            (8) land in and adjacent to the Black Canyon of the 
        Gunnison Gorge is--
                    (A) recognized for offering exceptional multiple 
                use opportunities;
                    (B) recognized for offering natural, cultural, 
                scenic, wilderness, and recreational resources; and
                    (C) worthy of additional protection as a national 
                conservation area, and with respect to the Gunnison 
                Gorge itself, as a component of the national wilderness 
                system.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the Gunnison Gorge National Conservation Area, consisting 
        of approximately 57,725 acres surrounding the Gunnison Gorge as 
        depicted on the Map.
            (2) Map.--The term ``Map'' means the map entitled ``Black 
        Canyon National Park and Gunnison Gorge NCA--1/22/99''.
            (3) Park.--The term ``Park'' means the Black Canyon 
        National Park established under section 4 and depicted on the 
        Map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL PARK.

    (a) Establishment.--
            (1) In general.--There is established the Black Canyon 
        National Park in the State of Colorado, as generally depicted 
        on the Map.
            (2) Availability of map.--The Map shall be on file and 
        available for public inspection in the offices of the National 
        Park Service of the Department of the Interior.
            (3) Redesignation of monument.--
                    (A) Termination of black canyon designation.--The 
                designation of the Black Canyon of the Gunnison 
                National Monument in existence on the date of enactment 
                of this Act is terminated.
                    (B) Transfer.--All land and interests within the 
                boundary of the Black Canyon of the Gunnison National 
                Monument are incorporated in and made part of the Black 
                Canyon National Park, including--
                            (i) land and interests within the boundary 
                        of the Black Canyon of the Gunnison National 
                        Monument as established by section 2(a) of the 
                        first section of Public Law 98-357; and
                            (ii) any land and interests identified on 
                        the Map and transferred by the Bureau of Land 
                        Management under this Act.
                    (C) Reference to park.--Any reference to the Black 
                Canyon of the Gunnison National Monument shall be 
                deemed a reference to Black Canyon National Park.
                    (D) Funds.--Any funds made available for the 
                purposes of the Black Canyon of the Gunnison National 
                Monument shall be available for purposes of the Park.
    (b) Authority.--The Secretary, acting through the Director of the 
National Park Service, shall manage the Park subject to valid rights, 
in accordance with this Act and the provisions of law applicable to 
units of the National Park System, including--
            (1) the Act entitled ``An Act to establish a National Park 
        Service, and for other purposes'', approved August 25, 1916 (16 
        U.S.C. 1 et seq.);
            (2) the Act entitled ``An Act to provide for the 
        preservation of historic American sites, buildings, objects, 
        and antiquities of national significance, and for other 
        purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.); 
        and
            (3) other applicable provisions of law.
    (c) Grazing.--
            (1) Grazing permitted.--The Secretary may permit grazing 
        within the Park, if the use of the Park for grazing is 
        permitted on the date of enactment of this Act.
            (2) Grazing plan.--The Secretary shall prepare a grazing 
        management plan to administer any grazing activities within the 
        Park.

SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS.

    (a) Additional Acquisitions.--
            (1) In general.--The Secretary may acquire land or 
        interests in land depicted on the Map as proposed additions.
            (2) Method of acquisition.--
                    (A) In general.--Land or interests in land may be 
                acquired by--
                            (i) donation;
                            (ii) transfer;
                            (iii) purchase with donated or appropriated 
                        funds; or
                            (iv) exchange.
                    (B) Consent.--No land or interest in land may be 
                acquired without the consent of the owner of the land.
    (b) Boundary Revision.--After acquiring land for the Park, the 
Secretary shall--
            (1) revise the boundary of the Park to include newly-
        acquired land within the boundary; and
            (2) administer newly-acquired land subject to applicable 
        laws (including regulations).
    (c) Boundary Survey.--Not later than 5 years after the date of 
enactment of this Act, the Secretary shall complete an official 
boundary survey of the Park.
    (d) Hunting on Privately Owned Lands.--
            (1) In general.--The Secretary may permit hunting on 
        privately owned land added to the Park under this Act, subject 
        to limitations, conditions, or regulations that may be 
        prescribed by the Secretary.
            (2) Termination of authority.--On the date that the 
        Secretary acquires fee ownership of any privately owned land 
        added to the Park under this Act, the authority under paragraph 
        (1) shall terminate with respect to the privately owned land 
        acquired.

SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON WILDERNESS.

    (a) Expansion of Black Canyon.--The Black Canyon of the Gunnison 
Wilderness, as established by subsection (b) of the first section of 
Public Law 94-567 (90 Stat. 2692), is expanded to include the parcel of 
land depicted on the Map as ``Tract A'' and consisting of approximately 
4,460 acres.
    (b) Administration.--The Black Canyon of the Gunnison Wilderness 
shall be administered as a component of the Park.

SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.

    (a) In General.--There is established the Gunnison Gorge National 
Conservation Area, consisting of approximately 57,725 acres as 
generally depicted on the Map.
    (b) Management of Conservation Area.--The Secretary, acting through 
the Director of the Bureau of Land Management, shall manage the 
Conservation Area to protect the resources of the Conservation Area in 
accordance with--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) other applicable provisions of law.
    (c) Withdrawal of Land.--Subject to valid rights in existence on 
the date of enactment of this Act, all Federal land and interests 
within the Conservation Area acquired by the United States are 
withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing and geothermal leasing 
        laws.
    (d) Permitted Uses.--
            (1) In general.--The Secretary shall permit hunting, 
        trapping, and fishing within the Conservation Area in 
        accordance with applicable laws (including regulations) of the 
        United States and the State of Colorado.
            (2) Exception.--The Secretary, 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 concerning--
                    (A) public safety;
                    (B) administration; or
                    (C) public use and enjoyment.
    (e) Use of Motorized Vehicles.--In addition to the use of motorized 
vehicles on established roadways, the use of motorized vehicles in the 
Conservation Area shall be allowed--
            (1) to the extent the use is compatible with off-highway 
        vehicle designations as described in the management plan in 
        effect on the date of enactment of this Act; or
            (2) to the extent the use is practicable under a management 
        plan prepared under this Act.
    (f) Conservation Area Management Plan.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) develop a comprehensive plan for the long-range 
                protection and management of the Conservation Area; and
                    (B) transmit the plan to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (ii) the Committee on Resources of the 
                        House of Representatives.
            (2) Contents of plan.--The plan--
                    (A) shall describe the appropriate uses and 
                management of the Conservation Area in accordance with 
                this Act;
                    (B) may incorporate appropriate decisions contained 
                in any management or activity plan for the area 
                completed prior to the date of enactment of this Act;
                    (C) may incorporate appropriate wildlife habitat 
                management plans or other plans prepared for the land 
                within or adjacent to the Conservation Area prior to 
                the date of enactment of this Act;
                    (D) shall be prepared in close consultation with 
                appropriate Federal, State, county, and local agencies; 
                and
                    (E) shall use information developed prior to the 
                date of enactment of this Act in studies of the land 
                within or adjacent to the Conservation Area.
    (g) Boundary Revisions.--The Secretary may make revisions to the 
boundary of the Conservation Area following acquisition of land 
necessary to accomplish the purposes for which the Conservation Area 
was designated.

SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION AREA.

    (a) Gunnison Gorge Wilderness.--
            (1) In general.--Within the Conservation Area, there is 
        designated as wilderness, and as a component of the National 
        Wilderness Preservation System, the Gunnison Gorge Wilderness, 
        consisting of approximately 17,700 acres, as generally depicted 
        on the Map.
            (2) Administration.--
                    (A) Wilderness study area exemption.--The 
                approximately 300-acre portion of the wilderness study 
                area depicted on the Map for release from section 603 
                of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782) shall not be subject to section 603(c) of that Act.
                    (B) Incorporation into national conservation 
                area.--The portion of the wilderness study area 
                described in subparagraph (A) shall be incorporated 
                into the Conservation Area.
    (b) Administration.--Subject to valid rights in existence on the 
date of enactment of this Act, the wilderness areas designated under 
this Act shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.).
    (c) State Responsibility.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or in the 
Wilderness Act shall affect the jurisdiction or responsibilities of the 
State of Colorado with respect to wildlife and fish on the public land 
located in that State.

SEC. 9. WITHDRAWAL.

    The land identified as tract B on the Map, consisting of 
approximately 1,554 acres, is withdrawn--
            (1) from all forms of entry, appropriation, or disposal 
        under the public land laws;
            (2) from location, entry, and patent under the mining laws; 
        and
            (3) from operation of the mineral leasing and geothermal 
        leasing laws.

SEC. 10. WATER RIGHTS.

    (a) Effect on Water Rights.--Nothing in this Act shall--
            (1) constitute an express or implied reservation of water 
        for any purpose; or
            (2) affect any water rights in existence prior to the date 
        of enactment of this Act, including any water rights held by 
        the United States.
    (b) Additional Water Rights.--Any new water right that the 
Secretary determines is necessary for the purposes of this Act shall be 
established in accordance with the procedural and substantive 
requirements of the laws of the State of Colorado.

SEC. 11. STUDY OF LANDS WITHIN AND ADJACENT TO CURECANTI NATIONAL 
              RECREATION AREA.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary, acting through the Director of the National 
Park Service, shall conduct a study concerning land protection and open 
space within and adjacent to the area administered as the Curecanti 
National Recreation Area.
    (b) Purpose of Study.--The study required to be completed under 
subsection (a) shall--
            (1) assess the natural, cultural, recreational and scenic 
        resource value and character of the land within and surrounding 
        the Curecanti National Recreation Area (including open vistas, 
        wildlife habitat, and other public benefits);
            (2) identify practicable alternatives that protect the 
        resource value and character of the land within and surrounding 
        the Curecanti National Recreation Area;
            (3) recommend a variety of economically feasible and viable 
        tools to achieve the purposes described in paragraphs (1) and 
        (2); and
            (4) estimate the costs of implementing the approaches 
        recommended by the study.
    (c) Submission of Report.--Not later than 3 years from the date of 
enactment of this Act, the Secretary shall submit a report to Congress 
that--
            (1) contains the findings of the study required by 
        subsection (a);
            (2) makes recommendations to Congress with respect to the 
        findings of the study required by subsection (a); and
            (3) makes recommendations to Congress regarding action that 
        may be taken with respect to the land described in the report.
    (d) Acquisition of Additional Land and Interests in Land.--
            (1) In general.--Prior to the completion of the study 
        required by subsection (a), the Secretary may acquire certain 
        private land or interests in land as depicted on the Map 
        entitled ``Proposed Additions to the Curecanti National 
        Recreation Area,'' dated 09/15/98, totaling approximately 1,065 
        acres and entitled ``Hall and Fitti properties''.
            (2) Method of acquisition.--
                    (A) In general.--Land or an interest in land under 
                paragraph (1) may be acquired by--
                            (i) donation;
                            (ii) purchase with donated or appropriated 
                        funds; or
                            (iii) exchange.
                    (B) Consent.--No land or interest in land may be 
                acquired without the consent of the owner of the land.
                    (C) Boundary revisions following acquisition.--
                Following the acquisition of land under paragraph (1), 
                the Secretary shall--
                            (i) revise the boundary of the Curecanti 
                        National Recreation Area to include newly-
                        acquired land; and
                            (ii) administer newly-acquired land 
                        according to applicable laws (including 
                        regulations).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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