[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1467 Reported in Senate (RS)]






                                                       Calendar No. 627
108th CONGRESS
  2d Session
                                S. 1467

                          [Report No. 108-303]

 To establish the Rio Grande Outstanding Natural Area in the State of 
                   Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               July 25, (legislative day, July 21), 2003

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

                             July 13, 2004

  Reported by Mr. Domenici, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the Rio Grande Outstanding Natural Area in the State of 
                   Colorado, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Rio Grande Outstanding 
Natural Area Act''.</DELETED>

<DELETED> SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds as follows:</DELETED>
        <DELETED>    (1) Preservation and restoration of the land in 
        the Area are required to preserve the Area's unique scientific, 
        scenic beauty, educational, and environmental values, including 
        unique land forms, scenic beauty, cultural sites, and habitats 
        used by various species of raptors and other birds, mammals, 
        reptiles, and amphibians.</DELETED>
        <DELETED>    (2) There are archaeological and historic sites in 
        the Area resulting from at least 10,000 years of use for 
        subsistence and commerce.</DELETED>
        <DELETED>    (3) The archaeological sites represent regional 
        ancestry, including Paleo-Indian and nomadic bands of Ute and 
        Apache.</DELETED>
        <DELETED>    (4) The Area contains exceptional scenic values 
        and opportunities for wildlife viewing.</DELETED>
        <DELETED>    (5) Approximately 2,771 acres of land within the 
        Area are owned by the United States and administered by the 
        Secretary, acting through the Director of the Bureau of Land 
        Management, and approximately 7,885 acres of land within the 
        Area are owned by private landowners.</DELETED>
        <DELETED>    (6) The Area is located downstream from areas in 
        Colorado of significant and longstanding water development and 
        use.</DELETED>
        <DELETED>    (7) The availability of water for use in Colorado 
        is governed, in significant part, by the Compact, which 
        obligates the State of Colorado to deliver certain quantities 
        of water to the Colorado-New Mexico State line for the benefit 
        of the States of New Mexico and Texas in accordance with the 
        terms of the Compact.</DELETED>
        <DELETED>    (8) Because of the allocations of water made by 
        the Compact to downstream States, the levels of use and 
        development of water in Colorado, and the unpredictable and 
        seasonal nature of the water supply, the Secretary shall manage 
        the land within the Area to accomplish the purposes of this Act 
        without asserting reserved water rights for instream flows or 
        appropriating or acquiring water rights for that 
        purpose.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are to conserve, 
restore, and protect for future generations the natural, ecological, 
historic, scenic, recreational, wildlife, and environmental resources 
of the Area.</DELETED>

<DELETED> SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Area.--The term ``Area'' means the Rio Grande 
        Outstanding Natural Area established under section 4.</DELETED>
        <DELETED>    (2) Area management plan.--The term ``Area 
        Management Plan'' means the plan developed by the Commission in 
        cooperation with Federal, State, and local agencies and 
        approved by the Secretary.</DELETED>
        <DELETED>    (3) Commission.--The term ``Commission'' means the 
        Rio Grande Outstanding Natural Area Commission as established 
        in this Act.</DELETED>
        <DELETED>    (4) Compact.--The term ``Compact'' means the Rio 
        Grande Compact, consented to by Congress in the Act of May 31, 
        1939 (53 Stat. 785, chapter 155).</DELETED>
        <DELETED>    (5) Map.--The term ``Map'' means the map entitled 
        ``</DELETED>__<DELETED>'', dated </DELETED>__<DELETED>, and 
        numbered </DELETED>__<DELETED>.</DELETED>
        <DELETED>    (6) Public lands.--The term ``public lands'' has 
        the meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702).</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) State.--The term ``State'' means the State of 
        Colorado.</DELETED>

<DELETED> SEC. 4. ESTABLISHMENT OF AREA.</DELETED>

<DELETED>    (a) In General.--There is established the Rio Grande 
Outstanding Natural Area.</DELETED>
<DELETED>    (b) Boundaries.--The Area shall consist of approximately 
10,656 acres extending for a distance of 33.3 miles along the Rio 
Grande River in southern Colorado from the southern boundary of the 
Alamosa National Wildlife Refuge to the Colorado-New Mexico State line, 
encompassing the Rio Grande River and its adjacent riparian areas 
extending not more than 1,320 feet on either side of the 
river.</DELETED>
<DELETED>    (c) Map and Legal Description.--</DELETED>
        <DELETED>    (1) Legal description.--As soon as practicable 
        after the date of enactment of this Act, the Secretary shall 
        file a legal description of the Area in the office of the 
        Director of the Bureau of Land Management, Department of the 
        Interior, in Washington, District of Columbia, and the Office 
        of the Colorado State Director of the Bureau of Land 
        Management.</DELETED>
        <DELETED>    (2) Force and effect.--The Map and legal 
        description of the Area shall have the same force and effect as 
        if they were included in this Act, except that the Secretary 
        may correct clerical and typographical errors in such legal 
        description as they may appear from time to time.</DELETED>
        <DELETED>    (3) Public availability.--The Map and legal 
        description of the Area shall be available for public 
        inspection in the office of the Colorado State Director of the 
        Bureau of Land Management, Department of the Interior in 
        Denver, Colorado.</DELETED>

<DELETED> SEC. 5. COMMISSION.</DELETED>

<DELETED>    (a) Establishment.--There is hereby established the Rio 
Grande Outstanding Natural Area Commission.</DELETED>
<DELETED>    (b) Purpose.--The Commission shall assist appropriate 
Federal, State, and local authorities in the development and 
implementation of an integrated resource management plan for the Area 
called the Area Management Plan.</DELETED>
<DELETED>    (c) Membership.--The Commission shall be composed of 9 
members, designated or appointed not later than 6 months after the date 
of the enactment of this Act as follows:</DELETED>
        <DELETED>    (1) 2 officials of Department of the Interior 
        designated by the Secretary, 1 of whom shall represent the 
        Federal agency responsible for the management of the Area and 1 
        of whom shall be the manager of the Alamosa National Wildlife 
        Refuge.</DELETED>
        <DELETED>    (2) 2 individuals appointed by the Secretary, 1 of 
        whom shall be based on the recommendation of the State 
        Governor, representing the Colorado Division of Wildlife, and 1 
        representing the Colorado Division of Water Resources 
        responsible for the Rio Grande drainage.</DELETED>
        <DELETED>    (3) 1 representative of the Rio Grande Water 
        Conservation District appointed by the Secretary based on the 
        recommendation of the State Governor, representing the local 
        region in which the Area is established.</DELETED>
        <DELETED>    (4) 4 individuals appointed by the Secretary based 
        on recommendations of the State Governor, representing the 
        general public who are citizens of the State and of the local 
        region in which the Area is established, who have knowledge and 
        experience in the appropriate fields of interest relating to 
        the preservation and restoration and use of the Area. 2 
        appointees from the local area shall represent nongovernmental 
        agricultural interests and 2 appointees from the local area 
        shall represent nonprofit nongovernmental environmental 
        interests.</DELETED>
<DELETED>    (d) Terms.--Members shall be appointed for terms of 5 
years and may be reappointed.</DELETED>
<DELETED>    (e) Compensation.--Members of the Commission shall receive 
no pay on account of their service on the Commission.</DELETED>
<DELETED>    (f) Chairperson.--The chairperson of the Commission shall 
be elected by the members of the Commission.</DELETED>
<DELETED>    (g) Meetings.--The Commission shall hold its first meeting 
not later than 90 days after the date on which the last of its initial 
members is appointed, and shall meet at least quarterly at the call of 
the chairperson.</DELETED>

<DELETED> SEC. 6. POWERS OF THE COMMISSION.</DELETED>

<DELETED>    (a) Hearings.--The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive such 
evidence, as the Commission considers appropriate.</DELETED>
<DELETED>    (b) Powers of Members and Agents.--Any member or agent of 
the Commission, if so authorized by the Commission, may take any action 
which the Commission is authorized to take by this Act.</DELETED>
<DELETED>    (c) Acquisition of Real Property.--Except as provided in 
section 12, the Commission may not acquire any real property or 
interest in real property.</DELETED>
<DELETED>    (d) Cooperative Agreements.--For purposes of carrying out 
the Area Management Plan, the Commission may enter into cooperative 
agreements with the State, with any political subdivision of the State, 
or with any person. Any such cooperative agreement shall, at a minimum, 
establish procedures for providing notice to the Commission of any 
action proposed by the State, a political subdivision, or a person 
which may affect the implementation of the Area Management 
Plan.</DELETED>

<DELETED> SEC. 7. DUTIES OF THE COMMISSION.</DELETED>

<DELETED>    (a) Preparation of Plan.--Not later than 2 years after the 
Commission conducts its first meeting, it shall submit to the Secretary 
an Area Management Plan. The Area Management Plan shall be--</DELETED>
        <DELETED>    (1) based on existing Federal, State, and local 
        plans, but shall coordinate those plans and present a unified 
        preservation, restoration, and conservation plan for the 
        Area;</DELETED>
        <DELETED>    (2) developed in accordance with the provisions of 
        section 202 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1712); and</DELETED>
        <DELETED>    (3) consistent, to the extent possible, with the 
        management plans adopted by the Director of the Bureau of Land 
        Management for adjacent properties in Colorado and New 
        Mexico.</DELETED>
<DELETED>    (b) Contents.--The Area Management Plan shall include the 
following:</DELETED>
        <DELETED>    (1) An inventory which includes any property in 
        the Area which should be preserved, restored, managed, 
        developed, maintained, or acquired because of its natural, 
        scientific, scenic, or environmental significance.</DELETED>
        <DELETED>    (2) Recommended policies for resource management 
        which consider and detail the application of appropriate land 
        and water management techniques, including the development of 
        intergovernmental cooperative agreements, that will protect the 
        Area's natural, scenic, and wildlife resources and 
        environment.</DELETED>
        <DELETED>    (3) Recommended policies for resource management 
        to provide for protection of the Area for solitude, quiet use, 
        and pristine natural values.</DELETED>
<DELETED>    (c) Implementation of the Plan.--Upon approval of the Area 
Management Plan by the Secretary, as provided in section 9, the 
Commission shall assist the Secretary in implementing the Area 
Management Plan by taking appropriate steps to preserve and interpret 
the natural resources of the Area and its surrounding area. These steps 
may include the following:</DELETED>
        <DELETED>    (1) Assisting the State in preserving the 
        Area.</DELETED>
        <DELETED>    (2) Assisting the State and local governments, and 
        political subdivisions of the State in increasing public 
        awareness of and appreciation for the natural, historical, and 
        wildlife resources in the Area.</DELETED>
        <DELETED>    (3) Encouraging local governments and political 
        subdivisions of the State to adopt land use policies consistent 
        with the management of the Area and the goals of the Area 
        Management Plan, and to take actions to implement those 
        policies.</DELETED>
        <DELETED>    (4) Encouraging and assisting private landowners 
        within the Area in understanding and accepting the provisions 
        of the Area Management Plan and cooperating in its 
        implementation.</DELETED>

<DELETED> SEC. 8. TERMINATION OF THE COMMISSION.</DELETED>

<DELETED>    (a) Termination.--Except as provided in subsection (b), 
the Commission shall terminate 10 years and 6 months after the date of 
the enactment of this Act.</DELETED>
<DELETED>    (b) Extensions.--The Commission may be extended for a 
period of not more than 5 years beginning on the day of termination 
specified in subsection (a) if, not later than 180 days before that 
day, the Commission--</DELETED>
        <DELETED>    (1) determines that such an extension is necessary 
        in order to carry out the purpose of this Act; and</DELETED>
        <DELETED>    (2) submits such proposed extension to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the 
        Senate.</DELETED>

<DELETED>SEC. 9. ADMINISTRATION BY SECRETARY.</DELETED>

<DELETED>    (a) Plan Approval; Publication.--Not later than 60 days 
after the Secretary receives a proposed management plan from the 
Commission, the Secretary, with the assistance of the Commission, shall 
initiate the environmental compliance activities which the Secretary 
determines to be appropriate in order to allow the review of the 
proposed plan and any alternatives thereto and to allow public 
participation in the environmental compliance activities. Thereafter, 
the Secretary shall approve an Area Management Plan for the Area 
consistent with the Commission's proposed plan to the extent possible, 
that reflects the results of the environmental compliance activities 
undertaken. Not later than 18 months after the Secretary receives the 
proposed management plan, the Secretary shall publish the Area 
Management Plan in the Federal Register.</DELETED>
<DELETED>    (b) Administration.--The Secretary shall administer the 
lands owned by the United States within the Area in accordance with the 
laws and regulations applicable to public lands and the Area Management 
Plan in such a manner as shall provide for the following:</DELETED>
        <DELETED>    (1) The conservation, restoration, and protection 
        of the Area's unique scientific, scenic, educational, 
        recreational, and wildlife values.</DELETED>
        <DELETED>    (2) The continued use of the Area for purposes of 
        education, scientific study, and limited public recreation in a 
        manner that does not substantially impair the purposes for 
        which the Area is established.</DELETED>
        <DELETED>    (3) The protection of the wildlife habitat of the 
        Area.</DELETED>
        <DELETED>    (4) The elimination of opportunities to construct 
        water storage facilities within the Area.</DELETED>
        <DELETED>    (5) The reduction or elimination of roads and 
        motorized vehicles from the public lands to the greatest extent 
        possible within the Area.</DELETED>
        <DELETED>    (6) The elimination of roads and motorized use on 
        the public lands within the area on the western side of the 
        river from Lobatos Bridge south to the State line.</DELETED>
<DELETED>    (c) No Reservation of Water Rights.--Public lands affected 
by this Act shall not be subject to reserved water rights for any 
Federal purpose.</DELETED>
<DELETED>    (d) Changes in Streamflow Regime.--To the extent that 
changes to the streamflow regime beneficial to the Area can be 
accommodated through negotiation with the State of Colorado, the Rio 
Grande Water Conservation District, and water users within Colorado, 
such changes should be encouraged, but may not be imposed as a 
requirement.</DELETED>
<DELETED>    (e) Private Lands.--Private lands within the Area will be 
affected by the designation and management of the Area only to the 
extent that the private landowner agrees in writing to be bound by the 
Area Management Plan.</DELETED>

<DELETED> SEC. 10. MANAGEMENT.</DELETED>

<DELETED>    (a) Area Management Plan.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall implement the 
        Area Management Plan for all of the land within the Area that 
        accomplishes the purposes of and is consistent with the 
        provisions of this Act.</DELETED>
        <DELETED>    (2) Non-federal land.--The Area Management Plan 
        shall apply to all land within the Area owned by the United 
        States and may be made to apply to non-Federal land within the 
        Area only when written acceptance of the Area Management Plan 
        is given by the owners of such land.</DELETED>
<DELETED>    (b) Coordination With State and Local Governments.--The 
Area Management Plan shall be developed and adopted in coordination 
with the appropriate State agencies and local governments in 
Colorado.</DELETED>
<DELETED>    (c) Cooperation by Private Landowners.--In implementing 
the Area Management Plan, the Secretary shall encourage full public 
participation and seek the cooperation of all private landowners within 
the Area, regardless of whether the landowners are directly or 
indirectly affected by the Area Management Plan. If accepted by private 
landowners, in writing, the provisions of the Area Management Plan may 
be applied to the individual parcels of private land.</DELETED>
<DELETED>    (d) New Impoundments.--In managing the Area, neither the 
Secretary nor any other Federal agency or officer may approve or issue 
any permit for, or provide any assistance for, the construction of any 
new dam, reservoir, or impoundment on any segment of the Rio Grande 
River or its tributaries within the exterior boundaries of the 
Area.</DELETED>

<DELETED> SEC. 11. RESTORATION TO PUBLIC LANDS STATUS.</DELETED>

<DELETED>    (a) Existing Reservations.--All reservations of public 
lands within the Area for Federal purposes that have been made by an 
Act of Congress or Executive order prior to the date of enactment of 
this Act are revoked.</DELETED>
<DELETED>    (b) Public Lands.--Subject to subsection (c), public lands 
within the Area that were subject to a reservation described in 
subsection (a)--</DELETED>
        <DELETED>    (1) are restored to the status of public lands; 
        and</DELETED>
        <DELETED>    (2) shall be administered in accordance with the 
        Area Management Plan.</DELETED>
<DELETED>    (c) Withdrawal.--All public lands within the Area are 
withdrawn from settlement, sale, location, entry, or disposal under the 
laws applicable to public lands, including the following:</DELETED>
        <DELETED>    (1) Sections 910, 2318 through 2340, and 2343 
        through 2346 of the Revised Statutes (commonly known as the 
        ``General Mining Law, of 1872'') (30 U.S.C. 21, 22, 23, 24, 26 
        through 30, 33 through 43, 46 through 48, 50 through 
        53).</DELETED>
        <DELETED>    (2) The Mining and Minerals Policy Act of 1970 (30 
        U.S.C. 21a).</DELETED>
        <DELETED>    (3) The Act of April 26, 1882 (22 Stat. 49, 
        chapter 106; 30 U.S.C. 25, 31).</DELETED>
        <DELETED>    (4) Public Law 85-876 (30 U.S.C. 28-1, 28-
        2).</DELETED>
        <DELETED>    (5) The Act of June 21, 1949 (63 Stat. 214, 
        chapter 232; 30 U.S.C. 28b through 28e, 54).</DELETED>
        <DELETED>    (6) The Act of March 3, 1991 (21 Stat. 505, 
        chapter 140; 30 U.S.C. 32).</DELETED>
        <DELETED>    (7) The Act of May 5, 1876 (19 Stat. 52, chapter 
        91; 30 U.S.C. 49).</DELETED>
        <DELETED>    (8) Sections 15, 16, and 26 of the Act of June 6, 
        1990 (31 Stat. 327, 328, 329, chapter 786; 30 U.S.C. 49a, 49c, 
        49d).</DELETED>
        <DELETED>    (9) Section 2 of the Act of May 4, 1934 (48 Stat. 
        1243, chapter 2559; 30 U.S.C. 49e, 49f).</DELETED>
        <DELETED>    (10) The Act entitled ``An Act to promote the 
        mining of coal, phosphate, oil, oil shale, gas, and sodium on 
        the public domain'', approved February 25, 1920 (commonly known 
        as the ``Mineral Lands Leasing Act of 1920''; 30 U.S.C. 181 et 
        seq.).</DELETED>
        <DELETED>    (11) The Act entitled ``An Act to provide for the 
        disposal of materials on public lands of the United States'', 
        approved July 31, 1947 (commonly known as the ``Materials Act 
        of 1947''; 30 U.S.C. 601 et seq.).</DELETED>
<DELETED>    (d) Wild and Scenic Rivers.--No land or water within the 
Area shall be designated as a wild, scenic, or recreational river under 
section 2 of the Wild and Scenic Rivers Act (16 U.S.C. 1273).</DELETED>

<DELETED> SEC. 12. ACQUISITION OF NON-FEDERAL LANDS.</DELETED>

<DELETED>    (a) Acquisition of Lands not Currently in Federal 
Ownership.--The Secretary, with the cooperation and assistance of the 
Commission, may acquire by purchase, exchange, or donation all or any 
part of the land and interests in land, including conservation 
easements, within the Area from willing sellers only.</DELETED>
<DELETED>    (b) Administration.--Any lands and interests in lands 
acquired under this section--</DELETED>
        <DELETED>    (1) shall be administered in accordance with the 
        Area Management Plan;</DELETED>
        <DELETED>    (2) shall not be subject to reserved water rights 
        for any Federal purpose, nor shall the acquisition of the land 
        authorize the Secretary or any Federal agency to acquire 
        instream flows in the Rio Grande River at any place within the 
        Area;</DELETED>
        <DELETED>    (3) shall become public lands; and</DELETED>
        <DELETED>    (4) shall upon acquisition be immediately 
        withdrawn as provided in section 11.</DELETED>

<DELETED> SEC. 13. STATE INSTREAM FLOW PROTECTION AUTHORIZED.</DELETED>

<DELETED>    Nothing in this Act shall be construed to prevent the 
State from acquiring an instream flow through the Area pursuant to the 
terms, conditions, and limitations of Colorado law to assist in 
protecting the natural environment to the extent and for the purposes 
authorized by Colorado law.</DELETED>

<DELETED> SEC. 14. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act shall be construed to--</DELETED>
        <DELETED>    (1) authorize, expressly or by implication, the 
        appropriation or reservation of water by any Federal agency, or 
        any other entity or individual other than the State of 
        Colorado, for any instream flow purpose associated with the 
        Area;</DELETED>
        <DELETED>    (2) affect the rights or jurisdiction of the 
        United States, a State, or any other entity over waters of any 
        river or stream or over any ground water resource;</DELETED>
        <DELETED>    (3) alter, amend, repeal, interpret, modify, or be 
        in conflict with the Compact;</DELETED>
        <DELETED>    (4) alter or establish the respective rights of 
        any State, the United States, or any person with respect to any 
        water or water-related right;</DELETED>
        <DELETED>    (5) impede the maintenance of the free-flowing 
        nature of the waters in the Area so as to protect--</DELETED>
                <DELETED>    (A) the ability of the State of Colorado 
                to fulfill its obligations under the Compact; 
                or</DELETED>
                <DELETED>    (B) the riparian habitat within the 
                Area;</DELETED>
        <DELETED>    (6) allow the conditioning of Federal permits, 
        permissions, licenses, or approvals to require the bypass or 
        release of waters appropriated pursuant to State law to 
        protect, enhance, or alter the water flows through the 
        Area;</DELETED>
        <DELETED>    (7) affect the continuing use and operation, 
        repair, rehabilitation, expansion, or new construction of water 
        supply facilities, water and wastewater treatment facilities, 
        stormwater facilities, public utilities, and common carriers 
        along the Rio Grande River and its tributaries upstream of the 
        Area;</DELETED>
        <DELETED>    (8) impose any Federal or State water use 
        designation or water quality standard upon uses of, or 
        discharges to, waters of the State or waters of the United 
        States, within or upstream of the Area, that is more 
        restrictive than those that would be applicable had the Area 
        not been established; or</DELETED>
        <DELETED>    (9) modify, alter, or amend title I of the 
        Reclamation Project Authorizing Act of 1972, as amended (Public 
        Law 92-514, 86 Stat. 964; Public Law 96-375, 94 Stat. 1507; 
        Public Law 98-570, 98 Stat. 2941; and Public Law 100-516, 100 
        Stat. 257), or to authorize the Secretary to acquire water from 
        other sources for delivery to the Rio Grande River pursuant to 
        section 102(c) of such title.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rio Grande Natural Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Rio 
        Grande Natural Area Commission established by section 4(a).
            (2) Natural area.--The term ``Natural Area'' means the Rio 
        Grande Natural Area established by section 3(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA.

    (a) In General.--There is established the Rio Grande Natural Area 
in the State of Colorado to conserve, restore, and protect the natural, 
historic, cultural, scientific, scenic, wildlife, and recreational 
resources of the Natural Area.
    (b) Boundaries.--The Natural Area shall include the Rio Grande 
River from the southern boundary of the Alamosa National Wildlife 
Refuge to the New Mexico State border, extending \1/4\ mile on either 
side of the bank of the River.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Natural Area.
            (2) Effect.--The map and legal description of the Natural 
        Area shall have the same force and effect as if included in 
        this Act, except that the Secretary may correct any minor 
        errors in the map and legal description.
            (3) Public availability.--The map and legal description of 
        the Natural Area shall be available for public inspection in 
        the appropriate offices of the Bureau of Land Management.

SEC. 4. ESTABLISHMENT OF THE COMMISSION.

    (a) Establishment.--There is established the Rio Grande Natural 
Area Commission.
    (b) Purpose.--The Commission shall--
            (1) advise the Secretary with respect to the Natural Area; 
        and
            (2) prepare a management plan relating to non-Federal land 
        in the Natural Area under section 6(b)(2)(A).
    (c) Membership.--The Commission shall be composed of 9 members 
appointed by the Secretary, of whom--
            (1) 1 member shall represent the Colorado State Director of 
        the Bureau of Land Management;
            (2) 1 member shall be the manager of the Alamosa National 
        Wildlife Refuge, ex officio;
            (3) 3 members shall be appointed based on the 
        recommendation of the Governor of Colorado, of whom--
                    (A) 1 member shall represent the Colorado Division 
                of Wildlife;
                    (B) 1 member shall represent the Colorado Division 
                of Water Resources; and
                    (C) 1 member shall represent the Rio Grande Water 
                Conservation District; and
            (4) 4 members shall--
                    (A) represent the general public;
                    (B) be citizens of the local region in which the 
                Natural Area is established; and
                    (C) have knowledge and experience in the fields of 
                interest relating to the preservation, restoration, and 
                use of the Natural Area.
    (d) Terms of Office.--
            (1) In general.--Except for the manager of the Alamosa 
        National Wildlife Refuge, the term of office of a member of the 
        Commission shall be 5 years.
            (2) Reappointment.--A member may be reappointed to the 
        Commission on completion of the term of office of the member.
    (e) Compensation.--A member of the Commission shall serve without 
compensation for service on the Commission.
    (f) Chairperson.--The Commission shall elect a chairperson of the 
Commission.
    (g) Meetings.--
            (1) In general.--The Commission shall meet at least 
        quarterly at the call of the chairperson.
            (2) Public meetings.--A meeting of the Commission shall be 
        open to the public.
            (3) Notice.--Notice of any meeting of the Commission shall 
        be published in advance of the meeting.
    (h) Technical Assistance.--The Secretary and the heads of other 
Federal agencies shall, to the maximum extent practicable, provide any 
information and technical services requested by the Commission to 
assist in carrying out the duties of the Commission.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, meet and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this Act.
    (b) Cooperative Agreements.--
            (1) In general.--For purposes of carrying out the 
        management plan on non-Federal land in the Natural Area, the 
        Commission may enter into a cooperative agreement with the 
        State of Colorado, a political subdivision of the State, or any 
        person.
            (2) Requirements.--A cooperative agreement entered into 
        under paragraph (1) shall establish procedures for providing 
        notice to the Commission of any action proposed by the State of 
        Colorado, a political subdivision of the State, or any person 
        that may affect the implementation of the management plan on 
        non-Federal land in the Natural Area.
            (3) Effect.--A cooperative agreement entered into under 
        paragraph (1) shall not enlarge or diminish any right or duty 
        of a Federal agency under Federal law.
    (c) Prohibition of Acquisition of Real Property.--The Commission 
may not acquire any real property or interest in real property.
    (d) Implementation of Management Plan.--
            (1) In general.--The Commission shall assist the Secretary 
        in implementing the management plan by carrying out the 
        activities described in paragraph (2) to preserve and interpret 
        the natural, historic, cultural, scientific, scenic, wildlife, 
        and recreational resources of the Natural Area.
            (2) Authorized activities.--In assisting with the 
        implementation of the management plan under paragraph (1), the 
        Commission may--
                    (A) assist the State of Colorado in preserving 
                State land and wildlife within the Natural Area;
                    (B) assist the State of Colorado and political 
                subdivisions of the State in increasing public 
                awareness of, and appreciation for, the natural, 
                historic, scientific, scenic, wildlife, and 
                recreational resources in the Natural Area;
                    (C) encourage political subdivisions of the State 
                of Colorado to adopt and implement land use policies 
                that are consistent with--
                            (i) the management of the Natural Area; and
                            (ii) the management plan; and
                    (D) encourage and assist private landowners in the 
                Natural Area in the implementation of the management 
                plan.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, the Secretary and the Commission, in coordination with 
appropriate agencies in the State of Colorado, political subdivisions 
of the State, and private landowners in the Natural Area, shall prepare 
management plans for the Natural Area as provided in subsection (b).
    (b) Duties of Secretary and Commission.--
            (1) Secretary.--The Secretary shall prepare a management 
        plan relating to the management of Federal land in the Natural 
        Area.
            (2) Commission.--
                    (A) In general.--The Commission shall prepare a 
                management plan relating to the management of the non-
                Federal land in the Natural Area.
                    (B) Approval or disapproval.--
                            (i) In general.--The Commission shall 
                        submit to the Secretary the management plan 
                        prepared under subparagraph (A) for approval or 
                        disapproval.
                            (ii) Action following disapproval.--If the 
                        Secretary disapproves the management plan 
                        submitted under clause (i), the Secretary 
                        shall--
                                    (I) notify the Commission of the 
                                reasons for the disapproval; and
                                    (II) allow the Commission to submit 
                                to the Secretary revisions to the 
                                management plan submitted under clause 
                                (i).
            (3) Cooperation.--The Secretary and the Commission shall 
        cooperate to ensure that the management plans relating to the 
        management of Federal land and non-Federal land are consistent.
    (c) Requirements.--The management plans shall--
            (1) take into consideration Federal, State, and local plans 
        in existence on the date of enactment of this Act to present a 
        unified preservation, restoration, and conservation plan for 
        the Natural Area;
            (2) with respect to Federal land in the Natural Area--
                    (A) be developed in accordance with section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712);
                    (B) be consistent, to the maximum extent 
                practicable, with the management plans adopted by the 
                Director of the Bureau of Land Management for land 
                adjacent to the Natural Area; and
                    (C) be considered to be an amendment to the San 
                Luis Resource Management Plan of the Bureau of Land 
                Management; and
            (3) include--
                    (A) an inventory of the resources contained in the 
                Natural Area (including a list of property in the 
                Natural Area that should be preserved, restored, 
                managed, developed, maintained, or acquired to further 
                the purposes of the Natural Area); and
                    (B) a recommendation of policies for resource 
                management, including the use of intergovernmental 
                cooperative agreements, that--
                            (i) protect the resources of the Natural 
                        Area; and
                            (ii) provide for solitude, quiet use, and 
                        pristine natural values of the Natural Area.
    (d) Publication.--The Secretary shall publish notice of the 
management plans in the Federal Register.

SEC. 7. ADMINISTRATION OF NATURAL AREA.

    (a) In General.--The Secretary shall administer the Federal land in 
the Natural Area--
            (1) in accordance with--
                    (A) the laws (including regulations) applicable to 
                public land; and
                    (B) the management plan; and
            (2) in a manner that provides for--
                    (A) the conservation, restoration, and protection 
                of the natural, historic, scientific, scenic, wildlife, 
                and recreational resources of the Natural Area;
                    (B) the continued use of the Natural Area for 
                purposes of education, scientific study, and limited 
                public recreation in a manner that does not 
                substantially impair the purposes for which the Natural 
                Area is established;
                    (C) the protection of the wildlife habitat of the 
                Natural Area;
                    (D) a prohibition on the construction of water 
                storage facilities in the Natural Area; and
                    (E) the reduction in the use of or removal of roads 
                in the Natural Area and, to the maximum extent 
                practicable, the reduction in or prohibition against 
                the use of motorized vehicles in the Natural Area 
                (including the removal of roads and a prohibition 
                against motorized use on Federal land in the area on 
                the western side of the Rio Grande River from Lobatos 
                Bridge south to the New Mexico State line).
    (b) Changes in Streamflow.--The Secretary is encouraged to 
negotiate with the State of Colorado, the Rio Grande Water Conservation 
District, and affected water users in the State to determine if changes 
in the streamflow that are beneficial to the Natural Area may be 
accommodated.
    (c) Private Land.--The management plan prepared under section 
6(b)(2)(A) shall apply to private land in the Natural Area only to the 
extent that the private landowner agrees in writing to be bound by the 
management plan.
    (d) Withdrawal.--Subject to valid existing rights, all Federal land 
in the Natural Area is 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) disposition under the mineral leasing laws (including 
        geothermal leasing laws).
    (e) Acquisition of Land.--
            (1) In general.--The Secretary may acquire from willing 
        sellers by purchase, exchange, or donation land or an interest 
        in land in the Natural Area.
            (2) Administration.--Any land or interest in land acquired 
        under paragraph (1) shall be administered in accordance with 
        the management plan and this Act.
    (f) Applicable Law.--Section 5(d)(1) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(d)(1)) shall not apply to the Natural Area.

SEC. 8. EFFECT.

    Nothing in this Act--
            (1) amends, modifies, or is in conflict with the Rio Grande 
        Compact, consented to by Congress in the Act of May 31, 1939 
        (53 Stat. 785, ch. 155);
            (2) authorizes the regulation of private land in the 
        Natural Area;
            (3) authorizes the imposition of any mandatory streamflow 
        requirements;
            (4) creates an express or implied Federal reserved water 
        right;
            (5) imposes any Federal water quality standard within or 
        upstream of the Natural Area that is more restrictive than 
        would be applicable had the Natural Area not been established; 
        or
            (6) prevents the State of Colorado from acquiring an 
        instream flow through the Natural Area under the terms, 
        conditions, and limitations of State law to assist in 
        protecting the natural environment to the extent and for the 
        purposes authorized by State law.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate on the date that is 10 years after 
the date of enactment of this Act.
            Amend the title of the bill so as to read as follows: ``A 
        bill to establish the Rio Grande Natural Area in the State of 
        Colorado, and for other purposes.''.




                                                       Calendar No. 627

108th CONGRESS

  2d Session

                                S. 1467

                          [Report No. 108-303]

_______________________________________________________________________

                                 A BILL

 To establish the Rio Grande Outstanding Natural Area in the State of 
                   Colorado, and for other purposes.

_______________________________________________________________________

                             July 13, 2004

        Reported with an amendment and an amendment to the title