[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 323
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 SENATE OF THE UNITED STATES
January 28, 1999
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 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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