[Congressional Record Volume 141, Number 185 (Sunday, November 19, 1995)]
[Senate]
[Pages S17490-S17492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1424. A bill to redesignate the Black Canyon of the Gunnison 
National Monument as a national park, to establish the Gunnison Gorge 
National Conservation Area, to establish the Curecanti National 
Recreation Area, to establish the Black Canyon of the Gunnison National 
Park Complex, and for other purposes; to the Committee on Energy and 
Natural Resources.


           the black canyon national park complex act of 1996

 Mr. CAMPBELL. Madam President, I introduce a piece of 
legislation that has been a long time coming; to the State of Colorado 
and in particular, the western slope of my State, as well as to myself.
  Today, I am introducing legislation to create the Black Canyon of the 
Gunnison National Park Complex. This represents, in my view, an 
innovative approach to protecting unique natural resources for future 
generations in the most fiscally responsible manner possible.
  Madam President, this legislation does far more than simply create a 
new national park from what is now a national monument on the western 
slope of Colorado. This legislation establishes a cooperative approach 
to managing this natural resource and calls for all affected resource 
management agencies in the area, to play key collaborative roles.
  Madam President, I want to stress that equally important to what this 
legislation does, is what it does not do: this legislation does not 
require additional Federal expenditures, it does not require additional 
land acquisitions, and the collective management approach that this 
legislation creates does not in any way require, imply, or contemplate 
an attempt by the Federal Government to usurp State water rights and 
State water law.
  The Secretary of the Interior and the Secretary of Agriculture will 
manage the entire area as it should be managed--as a single, 
interrelated and inseparable unit, connected by the magnificence of the 
Gunnison River itself.
  Establishment of the complex will afford the Secretaries the 
opportunity to share both fiscal and human resources in the 
administration and management of this unique resource. This legislation 
will eliminate duplicative management operations and form a 
coordinated, streamlined and fiscally responsible management structure.

  Implementation of this act will cost next to nothing. It is good 
business. No land acquisitions will be needed, no new areas will be 
created and this will not be an additional burden to the taxpayer. In 
fact, implementation of this act will save money by enabling the 
agencies to cooperate and share resources to a much greater extent than 
the current management allows.
  Beginning at the upper most reaches of the proposed complex, this 
legislation will create the Curecanti National Recreation Area. This 
area has a long history of being operated by the National Park Service 
and the Bureau of Reclamation as a widely popular recreation area. The 
new Curecanti National Recreation Area will encompass three lakes 
created by the three dams on the Gunnison River which form the heart of 
the area. Together, these lakes are a recreationalist's paradise and a 
fisherman's heaven, regardless of the season.
  Within the recreation area will be created the Curecanti 
Archaeological District. This area contains prehistoric sites dating as 
far back as 10,000 years. These unique sites may provide dramatic 
information that will significantly augment our knowledge of early 
human occupation of the high mountain valleys in the mountains of 
Colorado. New chapters will be added to what is known about 
southwestern archaeology.
  This legislation will also establish the Denver and Rio Grande 
National Historic Site at Cimarron, within the recreation area. This 
site is a monument to the talents of the early mountain railroad 
builders and is a focal point to illustrate the crucial role of the 
narrow gauge railroad in realizing the development of western Colorado 
and the entire west.
  The Gunnison National Forest forms the other boundary of the national 
park complex. This forest offers a wide variety of recreational 
opportunities as well as incredible scenic views. Portions of the 
forest have been included within the complex and will be managed in 
concert with the other resources in this area.
  What is now the Gunnison National Monument lies immediately upstream 
of the recreation area. Visitors to this wonderful site describe this 
resource with adjectives such as gorgeous, awesome, and spectacular. 
Everyone who has visited this 2,000 foot deep, nearly impenetrable 
canyon go on to say that 

[[Page S 17491]]
those words are inadequate to describe the impact of this glorious 
national wonder. This area is clearly worthy of the designation 
``National Park,'' and all the protections and management policies that 
designation bring to it.
  This legislation, when enacted, will designate the monument as the 
newest national park in the National Park System, again with 
practically no cost to the agency or the taxpayer. Visitors will be 
able to look over the side of the sheer canyon walls, hear the roar of 
the river, feel its strength, and view the canyon which, today, is no 
different than the day thousands of years ago when the first humans 
visiting the area failed to cross its chasm.
  Upstream and adjacent to the new national park, the Bureau of Land 
Management will administer and manage the Gunnison Gorge National 
Conservation Area which would also be created by this act.
  This 64,139-acre tract will be managed for the protection and visitor 
use of the canyon. Recreational opportunities from raft trips, to 
hunting, fishing, camping, and hiking offer a wealth of opportunities 
to enjoy the natural resources at their very best. This area clearly 
deserves increased protection for future generations, as well as for 
today's visitors.

  The national park complex which will be created by this legislation, 
taken in its entirety, is a world class site. Managed cooperatively as 
an interagency project, it can only improve.
  It is important to note, Madam President, that while all Americans 
will benefit by the creation of this national park complex, my 
constituents living in Gunnison, Montrose, and the other nearby 
communities, will be impacted most. For this reason, the legislation I 
am introducing today is not a finished product and I am looking forward 
to detailed hearings to receive the advice and counsel of all 
interested parties.
  My subcommittee staff will immediately begin soliciting feedback on 
this legislation, and hearings in the early spring will follow. 
Following those comments and hearings, my staff and I will make the 
appropriate technical changes to this legislation and will work closely 
with leadership in the full committee, our leadership in the Senate and 
our colleagues in the House to promptly move this legislation and 
present it to the President for his signature.
  Throughout this process, my staff and I are eager to listen to the 
views of all concerned and to fine-tune this legislation cooperatively 
and in good faith with all who wish to participate.
  Finally, Madam President, I would take a moment to pay special 
tribute to three special--and new--members of my staff who have worked 
with special drive and determination on this legislation. Ms. Rhea Suh, 
of my personal staff, Ms. Kathryn ``Kayci'' Cook, and Jim O'Toole of 
the committee staff, have been invaluable to me in the process.
  In previous years, I have introduced Black Canyon legislation that, 
quite simply, went nowhere. It was written in an attempt to be all 
things to all people and that, unfortunately, resulted in nothing more 
than printed chaos.
  In the 104th Congress, we threw away all the old concepts and 
started, quite literally, from ground zero. It was only with the fresh, 
energetic, and creative minds of these fine professionals that, 
together, we were able to come up with an entirely new concept. This 
concept which I am introducing today, presents our Nation with the 
opportunity to provide the greatest protection of a unique resource 
through the least amount of bureaucracy and expenditure. Now, finally 
after all these years, I am introducing legislation which I am 
confident will meet with broad support and which will, finally, become 
the law of the land.
  Madam President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1424

       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 ``Black Canyon National Park 
     Complex Act of 1996''.

     SEC. 2. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON 
                   NATIONAL PARK.

       (a) There is hereby established the Black Canyon of the 
     Gunnison National Park (hereinafter referred to as the 
     ``park'') in the State of Colorado. The Black Canyon National 
     Monument is abolished as such, and all lands and interest 
     therein are hereby incorporated within and made part of the 
     Black Canyon of the Gunnison National Park. Any reference to 
     the Black Canyon of the Gunnison National Monument shall be 
     deemed a reference to Black Canyon of the Gunnison National 
     Park, and any funds available for the purposes of the 
     monument shall be available for purposes of the park.
       (b) The Secretary of the Interior (hereinafter referred to 
     as the Secretary) acting through the Director of the National 
     Park Service shall manage the park, subject to valid existing 
     rights, in accordance with this Act and under the provisions 
     of law generally applicable to units of the National Park 
     System including but not limited to the Act of August 25, 
     1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act of August 
     21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and other 
     applicable provisions of law.

     SEC. 3. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL 
                   CONSERVATION AREA.

       (a) There is hereby established the Gunnison Gorge National 
     Conservation Area (hereinafter referred to as the 
     ``conservation area'') in the State of Colorado, consisting 
     of approximately 64,139 acres as generally depicted on the 
     map entitled ``Black Canyon of the Gunnison National Park 
     Complex--Map No. 2, dated 10/27/95'' (hereinafter referred to 
     as the ``map'').
       (b) The Secretary, acting through the Director of the 
     Bureau of Land Management, shall manage the conservation 
     area, subject to valid existing rights, in accordance with 
     this Act, the Federal Land Management and Policy Act of 1976, 
     and other applicable provisions of law.
       (c) In addition to the use of motorized vehicles on 
     established roadways, the use of motorized vehicles in the 
     conservation area shall be allowed to the extent compatible, 
     in accordance with existing off-highway vehicle designations 
     as described in the current, approved management plan, or as 
     part of the management plan prepared pursuant to this Act.
       (d) Within four years following the date of enactment of 
     this Act, the Secretary shall develop and transmit to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and to the Committee on Resources of the United 
     States House of Representatives a comprehensive plan for the 
     long-range protection and management of the conservation 
     area. The plan shall describe the appropriate uses and 
     management of the conservation area consistent with the 
     provisions of this Act. The plan may incorporate appropriate 
     decisions contained in any current management or activity 
     plan for the area. The plan may also incorporate 
     appropriate wildlife habitat management or other plans 
     that have been prepared for the lands within or adjacent 
     to the conservation area, and shall be prepared in close 
     consultation with appropriate agencies of the State of 
     Colorado and shall use information developed in previous 
     studies of the lands within or adjacent to the 
     conservation area.

     SEC. 4. ESTABLISHMENT OF THE CURECANTI NATIONAL RECREATION 
                   AREA, AND THE DENVER AND RIO GRANDE RAILROAD 
                   NATIONAL HISTORIC SITE.

       (a) There is hereby established, the Curecanti National 
     Recreation Area (hereinafter referred to as the ``recreation 
     area'' in the State of Colorado. The recreation area shall 
     consist of the lands and waters within the area designated 
     ``Curecanti National Recreation Area'' as depicted on the 
     map.
       (b) The Secretary, acting through the Director of the 
     National Park Service shall manage the recreation area, 
     subject to valid existing rights, in accordance with this Act 
     and under provisions of law generally applicable to units of 
     the National Park System including but not limited to the Act 
     of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1 et seq.), and 
     the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et 
     seq.), and other applicable provisions of law, except as 
     otherwise provided in this section.
       (c) The establishment of the recreation area under 
     subsection (a) shall not affect or interfere with the 
     validity of withdrawals made before the date of enactment of 
     this Act for reclamation or power purposes. Operation of 
     improvements on and the management of lands occupied by dams, 
     structures, or other facilities subject to the Colorado River 
     Storage Project Act of 1956 (42 U.S.C. 620 et seq.) shall be 
     the responsibility of the Secretary, acting through the 
     Commissioner of the Bureau of Reclamation. Such lands shall 
     be delineated through a joint agreement among the Bureau of 
     Reclamation, the National Park Service, and all associated 
     entities. The Secretary may enter into additional agreements 
     which address sharing of jurisdiction and authorities on the 
     delineated lands. All lands within the recreation area which 
     have been withdrawn or acquired by the United States for 
     reclamation purposes shall remain subject to the purposes and 
     uses established under the Colorado River Storage Project Act 
     of 1956 (42 U.S.C. 620 et seq.) The Secretary may exclude any 
     area from the recreation area for reclamation or power 
     purposes upon determining that it is in the national interest 
     to do so.
       (d) The Secretary shall administer the recreation area 
     subject to all Public Laws, 

[[Page S 17492]]
     memoranda of interagency agreement, memoranda of agreement and or 
     understanding, including cooperative agreements, licenses, 
     permits, and contracts and right-of-way agreements currently 
     in effect, and or referenced in the Curecanti National 
     Recreation Area Statement for Management, dated November 
     1990.
       (e) Within the Recreation Area there is hereby established, 
     subject to the provisions of this section, the Denver and Rio 
     Grande National Historic Site (hereinafter referred to as the 
     ``historic site'') consisting of the Denver and Rio Grande 
     rolling stock and train trestle at Cimarron, as depicted on 
     the map. The Secretary may include those portions of the 
     historic railroad bed within the boundaries of the historic 
     site which would serve to enhance or contribute to the 
     interpretation of the development of the railroad and its 
     role in the development of western Colorado.
       (f) Within the Recreation Area there is hereby established, 
     subject to the provisions of this section, the Curecanti 
     Archeological District (hereinafter referred to as the 
     ``District'') as depicted on the map.
       (g) Within one year after the enactment of this Act, the 
     Secretary shall submit a comprehensive list of laws, rules, 
     regulations, right-of-way permits and agreements, licensing 
     agreements, special-use permits or other authorizing 
     documents issued by the Bureau of Reclamation. the Bureau of 
     Land Management, and the Forest Service, for the use of lands 
     within the recreation area, to the Committee on Energy and 
     Natural Resources of the United States Senate and to the 
     Committee on Resources of the United States House of 
     Representatives.

     SEC. 5. THE ESTABLISHMENT OF THE BLACK CANYON OF THE GUNNISON 
                   NATIONAL PARK COMPLEX.

       (a) There is hereby established the Black Canyon of the 
     Gunnison National Park Complex (hereinafter referred to as 
     the ``complex'') in the State of Colorado. The complex shall 
     include the following lands as depicted on the map.
       (1) The park,
       (2) The conservation area,
       (3) The recreation area, and
       (4) Those portions of lands comprising the Gunnison 
     National Forest as depicted on the map.
       (b) The Secretary, acting through the Director of the 
     National Park Service shall manage the park, recreation area, 
     historic site and district; and acting through the Director 
     of the Bureau of Land Management, shall manage the 
     conservation area in accordance with this Act, and other 
     applicable provisions of law.
       (c) The Secretary of Agriculture, acting through the Chief 
     of the Forest Service shall manage, subject to valid existing 
     rights, those portions of the forest that have been included 
     in the complex in accordance with the laws, rules, and 
     regulations pertaining to the National Forest System and this 
     Act.
       (d) The Secretaries shall manage the areas under their 
     jurisdiction within the complex in a consistent manner to the 
     maximum extent practical. Wherever possible, regulations, 
     permits, licenses, and other agreements should be issued 
     jointly. The Secretaries shall ensure that, to the maximum 
     extent practical, that personnel, equipment, and other 
     resources are shared among the agencies and that the 
     duplication of effort is reduced or eliminated.

     SEC. 6. WATER RIGHTS.

       Nothing in this Act, nor in any action taken pursuant 
     thereto under any other act, shall constitute an express or 
     implied reservation of water for any purpose. Nothing in this 
     Act, nor any actions taken pursuant thereto shall affect any 
     existing water rights, including, but not limited to, any 
     water rights held by the United States prior to the date of 
     enactment of this Act. Any water rights that the Secretary 
     determines are necessary for the purposes of this Act shall 
     be acquired under the procedural and substitutive 
     requirements of the laws of the State of Colorado.

     SEC. 7. RECREATIONAL AND MULTIPLE-USE ACTIVITIES.

       (a) In carrying out this Act, in addition to other related 
     activities that may be permitted pursuant to this Act, the 
     Secretaries shall provide for general recreation and multiple 
     use activities that are considered appropriate and compatible 
     within the areas of their respective jurisdiction, including, 
     but not limited to, swimming, fishing, boating, rafting, 
     hiking, horseback riding, camping and picnicking. The 
     Secretaries shall also provide for certain multiple use 
     activities, subject to valid existing rights, including 
     grazing and the harvesting of hay; the maintenance of roads, 
     stock driveways, and utility rights-of-way. Within the 
     boundaries of the recreation area the Secretary shall also 
     provide for off-road vehicle use below high water levels, on 
     frozen lake surfaces, and on related designated access 
     routes; and other such uses as the Secretary may deem 
     appropriate.
       (b) The Secretaries shall permit hunting, fishing, 
     noncommercial taking of fresh-water crustaceans, and trapping 
     on the lands and waters under the Secretaries jurisdiction in 
     accordance with applicable laws and regulations of the United 
     States and the State of Colorado, except that the 
     Secretaries, after consultation with the Colorado Division of 
     Wildlife, may issue regulations designating zones where and 
     establishing periods when no hunting or trapping shall be 
     permitted for reasons of public safety, administration, or 
     public use and enjoyment. Subject to valid existing rights, 
     hunting and trapping will not be allowed within the 
     boundaries of the park.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated such sums as 
     may be necessary to carry out this Act.

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