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.
(h)
(1)As soon as practicable after the management plan is
developed under section 5(a), the Secretary shall designate an individual as
manager of the national monument.
(2)The manager designated under paragraph (1) shall not be
precluded from fulfilling other responsibilities within the San Juan National
Forest.
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.