1.Short title; table of
contents
(a)This Act may be
referred to as the Chimney Rock
National Monument Act of 2010
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Chimney Rock
National Monument.
Sec. 5. Limitations on effect and scope
of Act.
Sec. 6. Management and use of National
Monument.
Sec. 7. Development of management
plan.
Sec. 8. Acquisition of land.
Sec. 9. Authorization of
appropriations.
2.Congress finds the following:
(1)Chimney Rock in Southwestern Colorado
contains nationally significant archeological, geologic, biological, cultural,
educational, recreational, visual, and scenic value.
(2)The unique,
thousand-year-old Ancestral Puebloan community located beneath the prominent
Chimney Rock Pinnacles, with its dramatic 360 degree view of the surrounding
landscape, provides an outstanding opportunity to enhance understanding and
appreciation of the prehistory of North America and the accomplishments of
Native American cultures during that period.
(3)The Chimney Rock
Ancestral Puebloan community is one of the largest Pueblo II period (900–1150
AD) communities in southwestern Colorado and one of the finest examples of a
Chacoan system Outlier
. The Chacoan system was a complex system
of interdependent communities bound by economic, social, political, and
religious relationships. Chimney Rock contains many outstanding hallmarks of
the Chacoan system and significant archeological resources of other
periods.
(4)The design of the
Chimney Rock Ancestral Puebloan community incorporates Ancestral Puebloan
knowledge of astronomy. The twin Chimney Rock Pinnacles, for example, appear to
have served as a frame for viewing astronomical alignments.
(5)Ancestral Puebloan
culture is part of the heritage of many Southwestern Indian cultures, and has
influenced the culture, art and architecture of the Western United
States.
(6)The Chimney Rock
Ancestral Puebloan community has special value for the Puebloan and Tribal
people of today.
(7)Chimney Rock
provides a dramatic record of geological and astronomical time.
(8)Chimney Rock is a natural laboratory that
provides exceptional opportunities for scientific study in the fields of
geology, ecology, prehistoric archeology, and the ways in which they
interrelate.
(9)Chimney Rock
provides abundant opportunities to enhance the understanding and appreciation
by the public of the achievements and ways of life of the Ancestral Puebloans,
in a rugged and spectacular landscape.
(10)Chimney Rock has
long been maintained through community care and management. Volunteers and
volunteer organizations have provided outstanding educational and interpretive
programs and site stewardship, and have encouraged academic scientific
investigation.
3.For purposes of this Act—
(1)the term
Secretary
means the Secretary of Agriculture; and
(2)the term
National Monument
means the Chimney Rock National
Monument.
4.Establishment of
Chimney Rock National Monument
(a)In
order to preserve, protect, and restore the archeological, anthropological,
geologic, hydrologic, biological, visual, and scenic resources of Chimney Rock,
and to enable the public (to the extent consistent with the preceding purposes)
to fully realize the scientific, cultural, educational, recreational, visual,
and scenic value of those resources, there is hereby designated the Chimney
Rock National Monument.
(b)Lands and
interests in land included in National Monument
(1)Lands and
interests in land within certain boundariesThe National Monument shall consist of all
Federal lands and interests in lands located within its boundaries. The
boundaries of the National Monument shall be the boundaries depicted on the map
entitled Boundary Map, Chimney Rock National Monument
, dated
November 24, 2009, as adjusted pursuant to paragraph (2).
(2)
(A)Inclusion of
archeological resourcesThe
Secretary may make minor adjustments to the boundaries of the National Monument
to include significant archeological resources discovered on public land
adjacent to the National Monument after the date of the enactment of this
Act.
(B)Inclusion of
acquired lands and interestsThe Secretary shall adjust the
boundaries of the National Monument to include any land or interest in land
acquired under section 8.
(3)Legal
descriptions and map
(A)Preparation and
submission of legal descriptionsAs soon as practicable after the
date of the enactment of this Act, the Secretary shall use the map referred to
in paragraph (1) to prepare legal descriptions of the boundaries of the
National Monument. The Secretary shall submit the legal descriptions to the
Committee on Natural Resources and the Committee on Agriculture of the House of
Representatives and to the Committee on Energy and Natural Resources and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(B)Availability of
map for public inspectionThe Secretary shall make the map
referred to in paragraph (1) available for public inspection in appropriate
offices of the United States Forest Service.
(C)Correction of
clerical and typographical errorsThe Secretary may correct clerical and
typographical errors in the legal descriptions and map referred to in
subparagraph (A) and paragraph (1), respectively.
(c)The Secretary shall designate an individual as manager of
the National Monument as soon as practicable after development of the
management plan under section 7(a).
5.Limitations on
effect and scope of Act
(a)No interference
with property rightsNo
provision of this Act shall interfere with the following:
(1)The property rights of any Indian
reservation.
(2)Property rights in
any individually held trust lands or other Indian allotments.
(3)Any interest in
land held by the State of Colorado or by any political subdivision or special
district of the State of Colorado.
(4)Any private
property rights in property adjacent to the National Monument.
(5)The fish and wildlife rights of the State
of Colorado or any tribal government.
(b)No provision of this
Act—
(1)grants the Secretary new authority over
non-Federal lands; or
(2)creates any
Federal reserved water rights.
6.Management and
use of National Monument
(a)Management and
authorization of usesThe Secretary shall manage and authorize
uses of the National Monument (including any use under subsection (c)) as a
unit of the San Juan National Forest in conformance with the following:
(1)The purposes
described in section 4(a).
(2)The management
plan developed under section 7(a).
(3)Public Law 96–550
(16 U.S.C. 410ii et seq.).
(4)The Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001 et
seq.).
(5)The policy expressed in the American Indian
Religious Freedom Act (42 U.S.C. 1996).
(6)Treaties providing for nonexclusive access
to the National Monument by Indians for traditional and cultural
purposes.
(b)The Secretary may carry out vegetative management
treatments within the National Monument, except that timber harvest and the use
of prescribed fire may only be used when the Secretary determines it necessary
to address the risk of wildfire, insects, or diseases that would endanger the
National Monument or imperil public safety.
(c)All uses of the National
Monument other than those authorized by the Secretary shall be prohibited.
Authorized uses of the National Monument may include the following:
(1)Construction of a visitor’s center and
related exhibit and curatorial facilities to interpret the scientific and
cultural resources of the National Monument for the benefit of the general
public.
(2)Scientific research (including
archeological research) and educational and interpretive uses.
(3)Acquisition,
consolidation, and display of artifacts found within the National
Monument.
(4)The recreational
and administrative use of mountain bikes and motorized vehicles.
(5)Installation, construction, and maintenance
of a public utility right of way within the National Monument for a purpose
described in section 4(a) if the Secretary determines that—
(A)there is no route
outside of the National Monument that will accomplish the purpose; or
(B)the right of way
will be located along a State highway crossing the National Monument.
(6)Grazing uses,
through issuance and administration by the Secretary of grazing leases or
permits.
(d)Prohibition on
entry, appropriation, disposal, and other usesThe Federal lands
and interests in lands located within the boundaries of the National Monument
are hereby withdrawn from—
(1)all forms of
entry, appropriation, or disposal under the public land laws;
(2)location, entry,
and patent under the public land mining laws; and
(3)operation of the
mineral leasing and geothermal leasing laws and the mineral materials
laws.
7.Development of
management plan
(a)Not later than 3 years after the date of
the enactment of this Act, the Secretary, in consultation with Indian tribes
with a cultural or historic tie to the National Monument, shall develop a
management plan for the management and authorization of uses of the National
Monument under section 4(a).
(b)In developing the management plan, the Secretary shall
provide an opportunity for comment to local governments, tribal governments,
the State of Colorado, and other local, State, and national organizations with
an interest in the management and use of the National Monument.
(c)The management plan shall—
(1)identify
authorized uses for the National Monument;
(2)provide for the
continued use of the National Monument by Indian tribes for traditional
ceremonies and as a source of traditional plants and other materials;
(3)specify permitted
uses of artifacts, including whether certain artifacts may be displayed for
educational purposes;
(4)identify visitor
carrying capacities; and
(5)designate roads
and trails for public and administrative use.
8.The Secretary may acquire
State, local government, tribal, and privately held land or interests in land,
including conservation easements, contiguous to the boundaries of the National
Monument, for inclusion in the National Monument only by—
(1)donation;
(2)exchange with a
willing party; or
(3)purchase from a
willing seller.
9.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
1.This Act may be cited as the
Chimney Rock National Monument
Establishment Act
.
2.In this Act:
(1)The term national monument means the
Chimney Rock National Monument established by section 3(a).
(2)The
term Secretary means the Secretary of Agriculture.
(3)The
term State
means the State of Colorado.
3.Establishment of chimney
rock national monument
(a)There
is established in the State the Chimney Rock National Monument—
(1)to preserve, protect, and
restore the archeological, cultural, historic, geologic, hydrologic, natural,
educational, and scenic resources of Chimney Rock and adjacent land; and
(2)to provide for public
interpretation and recreation consistent with the protection of the resources
described in paragraph (1).
(b)
(1)The national monument shall consist of approximately
4,726 acres of land and interests in land, as generally depicted on the map
entitled Boundary Map, Chimney Rock National Monument
and dated
January 5, 2010.
(2)The Secretary may make minor adjustments to the
boundary of the national monument to reflect the inclusion of significant
archeological resources discovered after the date of enactment of this Act on
adjacent National Forest System land.
(3)The map described in paragraph (1) shall be on file and
available for public inspection in the appropriate offices of the Forest
Service.
4.
(a)The Secretary shall—
(1)administer the national
monument—
(A)in furtherance of the
purposes for which the national monument was established; and
(B)in accordance
with—
(i)this Act; and
(ii)any laws generally
applicable to the National Forest System; and
(2)allow only such uses of
the national monument that the Secretary determines would further the purposes
described in section 3(a).
(b)
(1)The Secretary shall administer the national monument in
accordance with—
(A)the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(B)the policy described in
Public Law 95–341 (commonly known as the “American Indian Religious Freedom
Act”) (42 U.S.C. 1996).
(2)Subject to any terms and conditions the Secretary determines
to be necessary and in accordance with applicable law, the Secretary shall
allow for the continued use of the national monument by members of Indian
tribes—
(A)for traditional
ceremonies; and
(B)as a source of
traditional plants and other materials.
(c)The Secretary may carry out vegetation management
treatments within the national monument, except that the harvesting of timber
shall only be used if the Secretary determines that the harvesting is necessary
for—
(1)ecosystem restoration in
furtherance of section 3(a); or
(2)the control of fire,
insects, or diseases.
(d)Motor vehicles and
mountain bikesThe use of motor vehicles and mountain bikes in
the national monument shall be limited to the roads and trails identified by
the Secretary as appropriate for the use of motor vehicles and mountain
bikes.
(e)The
Secretary shall permit grazing within the national monument, where established
before the date of enactment of this Act—
(1)subject to all applicable
laws (including regulations); and
(2)consistent with the
purposes described in section 3(a).
(f)Utility right-of-way
upgradesNothing in this Act precludes the Secretary from
renewing or authorizing the upgrading of a utility right-of-way in existence as
of the date of enactment of this Act through the national monument—
(1)in accordance
with—
(A)the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B)any other applicable law;
and
(2)subject to such terms and
conditions as the Secretary determines to be appropriate.
(g)Education and
interpretive centerThe Secretary may develop and construct an
education and interpretive center to interpret the scientific and cultural
resources of the national monument for the public.
5.
(a)Not later than 3 years after the date of enactment of
this Act, the Secretary, in consultation with Indian tribes with a cultural or
historic tie to Chimney Rock, shall develop a management plan for the national
monument.
(b)In developing the management plan, the Secretary shall
provide an opportunity for public comment by—
(1)State and local
governments;
(2)tribal governments;
and
(3)any other interested
organizations and individuals.
6.The Secretary may
acquire land and any interest in land within or adjacent to the boundary of the
national monument by—
(1)purchase from willing sellers with donated
or appropriated funds;
(2)donation; or
(3)exchange.
7.
(a)Subject to valid
existing rights, all Federal land within the national monument (including any
land or interest in land acquired after the date of enactment of this Act) is
withdrawn from—
(1)entry, appropriation, or
disposal under the public land laws;
(2)location, entry, and
patent under the mining laws; and
(3)subject to subsection
(b), operation of the mineral leasing, mineral materials, and geothermal
leasing laws.
(b)Notwithstanding
subsection (a)(3), the Federal land is not withdrawn for the purposes of
issuance of gas pipeline rights-of-way within easements in existence as of the
date of enactment of this Act.
8.
(a)
(1)Nothing in this Act affects any valid water rights,
including water rights held by the United States.
(2)The designation of the national monument does not create a
Federal reserved water right.
(b)Nothing in this Act affects—
(1)the rights of any Indian
tribe on Indian land;
(2)any individually-held
trust land or Indian allotment; or
(3)any treaty rights
providing for nonexclusive access to or within the national monument by members
of Indian tribes for traditional and cultural purposes.
(c)Nothing in this Act affects the jurisdiction of the
State with respect to the management of fish and wildlife on public land in the
State.
(d)Nothing in this Act—
(1)creates a protective
perimeter or buffer zone around the national monument; or
(2)affects private property
outside of the boundary of the national monument.
9.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
September 27, 2010
Reported with an amendment