[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2621 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 2621


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2012

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
    To establish the Chimney Rock National Monument 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 ``Chimney Rock National Monument 
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National monument.--The term ``national monument'' 
        means the Chimney Rock National Monument established by section 
        3(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) State.--The term ``State'' means the State of Colorado.

SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

    (a) Establishment.--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) Boundaries.--
            (1) In general.--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) Minor adjustments.--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 the enactment of this Act on adjacent 
        National Forest System land.
            (3) Availability of map.--The map described in paragraph 
        (1) shall be on file and available for public inspection in the 
        appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--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) Tribal Uses.--
            (1) In general.--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) Traditional uses.--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) Vegetation Management.--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 Bikes.--The 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) Grazing.--The Secretary shall permit grazing within the 
national monument, where established before the date of the 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 Upgrades.--Nothing 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 the 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) Volunteers.--The Secretary shall allow for the continued access 
and work of volunteers at the national monument.
    (h) Research.--Scientific research, including archeological 
research, educational, and interpretive uses shall be permitted within 
the Monument.
    (i) Other Administrative Costs.--Any signs, fixtures, alterations, 
or additions needed in connection with the designation or advertisement 
of the Monument shall be paid for only with non-Federal funds or 
amounts made available for such purposes in prior Acts of 
appropriation.
    (j) Designation of Manager.--As soon as practicable after the 
management plan is developed under section 5(a), the Secretary shall 
designate an employee of the Department of Agriculture whose duties 
shall include acting as the point of contact for the management of the 
national monument.
    (k) Other Recreational Uses.--The Secretary shall allow continued 
use of the national monument for hunting, fishing, and other 
recreational uses authorized on the date of the enactment of this Act, 
except that the Secretary may implement temporary emergency closures or 
restrictions of the smallest practicable area to provide for public 
safety, resource conservation, or other purposes authorized by law.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--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 Chimney Rock, shall develop a 
management plan for the national monument.
    (b) Public Comment.--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.

SEC. 6. LAND ACQUISITION.

    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.

SEC. 7. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, all Federal land 
within the national monument (including any land or interest in land 
acquired after the date of the 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) Limitation.--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 the 
enactment of this Act.

SEC. 8. EFFECT.

    (a) Water Rights.--
            (1) In general.--Nothing in this Act affects any valid 
        water rights, including water rights held by the United States.
            (2) Reserved water right.--The designation of the national 
        monument does not create a Federal reserved water right.
    (b) Tribal Rights.--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) Fish and Wildlife.--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) Adjacent Uses.--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.

            Passed the House of Representatives May 16, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.