Short title

This Act may be cited as the

Curecanti National Recreation Area Boundary Establishment Act of 2010

Findings

Congress finds the following: (1)Since 1965, the National Park Service has been co-managing the Curecanti National Recreation Area under agreements with the Bureau of Reclamation. (2)The Curecanti National Recreation Area has never been legislatively established. (3)Public Law 106–76 directed the National Park Service to conduct a study to assess the natural, cultural, recreational, and scenic resources within and surrounding Curecanti National Recreation Area, and to identify and recommend a variety of alternatives and tools to protect those resource values and the character of the land. (4)The Curecanti National Recreation Area includes an abundance of natural, historic, and archeological features in a setting of canyons, pinnacles, cliffs, and mesas, offering the public opportunities for recreation and reflection within its scenic landscape. (5)The National Park Service, in cooperation with the Bureau of Reclamation, completed the Curecanti Resource Protection Study/EIS, and prepared a Report to Congress, October 2009, which recommends that Congress pass enabling legislation for the National Recreation Area.

Definitions

In this Act: (1)

Map

The term map means the map entitled Map to Establish Curecanti National Recreation Area, numbered 616/100485, and dated March 5, 2010. (2)

National recreation area

The term national recreation area means the Curecanti National Recreation Area, established in section 4. (3)

Secretary

The term Secretary means the Secretary of the Interior.

Curecanti National Recreation Area, Colorado

(a)

Establishment

There is established the Curecanti National Recreation Area in the State of Colorado, as a unit of the National Park System, consisting of approximately 51,830 acres, as generally depicted on the map. (b)

Conservation opportunity area

There is established a conservation opportunity area, consisting of approximately 24,300 acres, as generally depicted on the map. (c)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

Administration of National Recreation Area

(a)

In general

The Secretary shall administer the national recreation area in accordance with this Act, the cooperative agreements described in this section, and with laws and regulations generally applicable to units of the National Park System, including the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1). (b)

Dam, power plant, and reservoir management and operations

Nothing in this Act shall affect or interfere with the authority of the Secretary under— (1)the National Reclamation Act (Public Law 57–161; Stat. 388), as amended and supplemented, to operate the Uncompahgre Valley Reclamation Project; or (2)Public Law 84–485, as amended and supplemented, to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project. (c)

Cooperative agreements

(1)

In general

The Secretary may enter into, or modify existing, management agreements involving the National Park Service, the Bureau of Reclamation, the Bureau of Land Management, or the Forest Service to manage Federal lands within the boundary of the national recreation area. (2)

State lands

The Secretary may enter into cooperative management agreements for any lands administered by the State of Colorado that are within or adjacent to the national recreation area, pursuant to the cooperative management authority found in section 802(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391). (d)

Recreational activities

The Secretary shall allow boating, boating-related activities, hunting, and fishing within the national recreation area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no boating, hunting, or fishing shall be permitted for reasons of public safety. (e)

Conservation opportunity area

Within the boundaries of the conservation opportunity area established under this Act, the Secretary is authorized to acquire lands, or interests in lands, including conservation easements from willing sellers, and to provide technical assistance to landowners in order to conserve resources and values identified as important to the national recreation area on lands that are outside but adjacent to the national recreation area. (f)

Withdrawal

Subject to valid existing rights, all Federal lands within the national recreation area are 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. (g)

Grazing

(1)

State or private lands

On State or private lands acquired for the national recreation area on which authorized grazing is occurring on the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2)

Federal land

Where grazing is allowed on land that is Federal land on the date of the enactment of this section and is located within the boundary of the national recreation area, the Secretary is authorized to allow the continuation of such grazing unless the Secretary determines that grazing would harm the resources or values of the national recreation area. (3)

Termination of leases

Nothing in this section shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the national recreation area.

Acquisition of property and boundary management

(a)

In General

The Secretary is authorized to acquire from willing sellers lands, or interests in lands, within the boundary of the national recreation area or the conservation opportunity area necessary for effective management of the national recreation area. Lands acquired within the conservation opportunity area shall be added to the national recreation area and the boundary of the national recreation area shall be adjusted accordingly. (b)

Acquisition

Lands identified in subsection (a) may be acquired by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or exchange. Lands or interests in lands owned by the State of Colorado, or a political subdivision thereof, may only be acquired by donation or exchange. (c)

Exchanges

For purposes of management efficiency and expanded recreational opportunities, the Secretary is authorized to conduct land exchanges with the Secretary of Agriculture and between the National Park Service and the Bureau of Land Management. (d)

Transfer of administrative jurisdiction

The Secretary of Agriculture and the Bureau of Land Management shall transfer, without consideration, administrative jurisdiction for lands to be added to the national recreation area, as shown on the map, to the National Park Service. The boundary of the Gunnison National Forest shall be modified to reflect the transfer of administrative jurisdiction from the Secretary of Agriculture.

General management plan

(a)

In general

Not later than 3 years after the date on which funds are made available to carry out this Act, the National Park Service, in consultation with the Bureau of Reclamation, shall prepare a general management plan for the national recreation area. (b)

Inclusions

The general management plan shall include, at a minimum— (1)measures for the preservation of the resources of the national recreation area; (2)requirements for the type and extent of development and use of the national recreation area; (3)identification of visitor carrying capacities for the national recreation area; and (4)opportunities for involvement by the Bureau of Reclamation, the Bureau of Land Management, the Forest Service, the State of Colorado, and other local and national entities in the formulation of educational and recreational programs for the national recreation area and for developing and supporting the national recreation area.