[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 56 Enrolled Bill (ENR)]


        S.56

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
 To establish the Rio Grande 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,

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.