[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 323

_______________________________________________________________________

                                 AN ACT


 
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 of the Gunnison 
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 of the Gunnison 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 of the Gunnison 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 of the Gunnison National Park and Gunnison Gorge NCA--1/
        22/99''. The map shall be on file and available for public 
        inspection in the offices of the Department of the Interior.
            (3) Park.--The term ``Park'' means the Black Canyon of the 
        Gunnison 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 OF THE GUNNISON NATIONAL PARK.

    (a) Establishment.--There is hereby established the Black Canyon of 
the Gunnison National Park in the State of Colorado as generally 
depicted on the map identified in section 3. The Black Canyon of the 
Gunnison National Monument is hereby abolished as such, the lands and 
interests therein are incorporated within and made part of the new 
Black Canyon of the Gunnison National Park, and any funds available for 
purposes of the monument shall be available for purposes of the park.
    (b) Administration.--Upon enactment of this title, the Secretary 
shall transfer the lands under the jurisdiction of the Bureau of Land 
Management which are identified on the map for inclusion in the park to 
the administrative jurisdiction of the National Park Service. The 
Secretary shall administer the park in accordance with this Act and 
laws generally applicable to units of the National Park System, 
including the Act entitled ``An Act to establish a National Park 
Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 
1, 2-4), and 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.).
    (c) Maps and Legal Description.--As soon as practicable after the 
date of enactment of this Act, the Secretary shall file maps and a 
legal description of the park with the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on Resources of 
the United States House of Representatives. Such maps and legal 
description shall have the same force and effect as if included in this 
Act, except that the Secretary may correct clerical and typographical 
errors in such legals description and maps. The maps and legal 
description shall be on file and available for public inspection in the 
appropriate offices of the National Park Service.
    (d) Withdrawal.--Subject to valid existing rights, all Federal 
lands within the park are hereby withdrawn from all forms of entry, 
appropriation, or disposal under the public land laws; from location, 
entry, and patent under the mining laws; and from disposition under all 
laws relating to mineral and geothermal leasing, and all amendments 
thereto.
    (e) Grazing.--(1)(A) Consistent with the requirements of this 
subsection, including the limitation in paragraph (3), the Secretary 
shall allow the grazing of livestock within the park to continue where 
authorized under permits or leases in existence as of the date of 
enactment of this Act. Grazing shall be at no more than the current 
level, and subject to applicable laws and National Park Service 
regulations.
    (B) Nothing in this subsection shall be construed as extending 
grazing privileges for any party or their assignee in any area of the 
park where, prior to the date of enactment of this Act, such use was 
scheduled to expire according to the terms of a settlement by the U.S. 
Claims Court affecting property incorporated into the boundary of the 
Black Canyon of the Gunnison National Monument.
    (C) Nothing in this subsection shall prohibit the Secretary from 
accepting the voluntary termination of leases or permits for grazing 
within the park.
    (2) Within areas of the park designated as wilderness, the grazing 
of livestock, where authorized under permits in existence as of the 
date of enactment of this Act, shall be permitted to continue subject 
to such reasonable regulations, policies, and practices as the 
Secretary deems necessary, consistent with this Act, the Wilderness 
Act, and other applicable laws and National Park Service regulations.
    (3) With respect to the grazing permits and leases referenced in 
this subsection, the Secretary shall allow grazing to continue, subject 
to periodic renewal, for a period equal to the lifetime of the holder 
of the grazing permit or lease as of the date of enactment of this Act.

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.--As soon as practicable and subject to the 
availability of funds 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 of the Gunnison Wilderness.--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 4,419 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.--Subject to valid existing rights, all Federal 
lands within the Conservation Area are hereby withdrawn from all forms 
of entry, appropriation or disposal under the public land laws; from 
location, entry, and patent under the mining laws; and from disposition 
under all laws relating to mineral and geothermal leasing, and all 
amendments thereto.
    (d) Hunting, Trapping and Fishing.--
            (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) may 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.) except that any reference in 
such provisions to the effective date of the Wilderness Act shall be 
deemed to be a reference to the effective date of this Act and any 
reference to the Secretary of Agriculture shall be deemed to be a 
reference to the Secretary of the Interior.
    (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.
    (d) Maps and Legal Descriptions.--As soon as practicable after the 
date of enactment of this section, the Secretary of the Interior shall 
file a map and a legal description of the Gunnison Gorge Wilderness 
with the Committee on Energy and Natural Resources of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives. This map and description shall have the same force and 
effect as if included in this Act. The Secretary of the Interior may 
correct clerical and typographical errors in the map and legal 
description. The map and legal description shall be on file and 
available in the office of the Director of the BLM.

SEC. 9. WITHDRAWAL.

    Subject to valid existing rights, the Federal lands identified on 
the Map as ``BLM Withdrawal (Tract B)'' (comprising approximately 1,154 
acres) are hereby withdrawn from all forms of entry, appropriation or 
disposal under the public land laws; from location, entry, and patent 
under the mining laws; and from disposition under all laws relating to 
mineral and geothermal leasing, and all amendments thereto.

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 3 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 01/25/99, 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.

            Passed the Senate July 1, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 323

_______________________________________________________________________

                                 AN ACT

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.