[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Reported in House (RH)]
Union Calendar No. 185
106th CONGRESS
1st Session
S. 323
[Report No. 106-307]
_______________________________________________________________________
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.
_______________________________________________________________________
September 8, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 185
106th CONGRESS
1st Session
S. 323
[Report No. 106-307]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 1999
Referred to the Committee on Resources
September 8, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
12, 1999]
_______________________________________________________________________
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--
(A) with respect to a permit or lease issued to an
individual, for the lifetime of the individual who was the
holder of the permit or lease on the date of the enactment of
this Act; and
(B) with respect to a permit or lease issued to a
partnership, corporation, or other legal entity, for a period
which shall terminate on the same date that the last permit or
lease held under subparagraph (A) terminates, unless the
partnership, corporation, or legal entity dissolves or
terminates before such time, in which case the permit or lease
shall terminate with the partnership, corporation, or legal
entity.
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:
GARY SISCO,
Secretary.