[Congressional Record Volume 145, Number 16 (Thursday, January 28, 1999)]
[Senate]
[Pages S1087-S1089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 323. A bill to redesignate the Black Canyon of the Gunnison 
National Monument as a national park and establish the Gunnison Gorge 
National Conservation Area, and for other purposes; to the Committee on 
Energy and Natural Resources.


  black canyon national park and gunnison gorge national conservation 
                            area act of 1999

 Mr. CAMPBELL. Mr. President, today I am introducing 
legislation to create the Black Canyon National Park. This bill is 
based on legislation which I introduced in the 104th Congress, but has 
been revised to include additional input from the Bureau of Land 
Management and the National Park Service. In 1996, as the former 
Chairman of the Subcommittee on Parks, Historic Preservation and 
Recreation, I conducted a field hearing and received input from local 
groups and individuals which I also incorporated into my new bill.
  With its narrow opening, sheer walls, and scenic depths, the Black 
Canyon is a jewel in North America. Nearly everyone who has visited the 
site is struck by the breathtaking beauty of this 2,000 foot deep, 
nearly impenetrable canyon. The canyon is also home to a vast 
assortment of wildlife that range from chipmunks to black bear, from 
bobcats to coyotes. Its unique combination of geologic features makes 
the Black Canyon deserving of National Park status.
  This legislation has been a long time coming to the State of 
Colorado, and in particular, the Western Slope of my state. My Black 
Canyon bill incorporates the input of the federal agencies involved 
and, in my view, represents an innovative approach to protecting unique 
natural resources for future generations in the most fiscally 
responsible manner possible.
  This legislation does far more than simply create a new national park 
from what is now a national monument. This legislation establishes a 
cooperative approach to managing this natural resource and calls on all 
affected resource management agencies in the area to play key 
collaborative roles.
  I want to stress that this legislation does not increase federal 
expenditures, and the collective management approach this legislation 
creates does not in any way require, imply, or contemplate an attempt 
by the Federal Government to usurp state water rights, state water law, 
or intrude upon private property rights.
  The Secretary of the Interior will manage the entire area and will be 
able to utilize all available fiscal and human resources in the 
administration and management of this natural resource in a unique, 
money-saving manner. This legislation will also eliminate duplicate 
operations and form a coordinated, efficient and fiscally responsible 
management structure.
  I have worked to forge consensus on this issue, and I am pleased to 
propose this cooperative management plan for this beautiful example of 
our natural heritage. I urge my colleagues to support passage of this 
bill. I ask unanimous consent that the bill and letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 323

       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 
     and Gunnison Gorge National Conservation Area Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Black Canyon of the Gunnison National Monument was 
     established for the preservation of its spectacular gorges 
     and additional features of scenic, scientific, and 
     educational interest;
       (2) the Black Canyon and adjacent upland include a variety 
     of unique ecological, geological, scenic, historical, and 
     wildlife components enhanced by the serenity and rural 
     western setting of the area;
       (3) the Black Canyon and adjacent land provide extensive 
     opportunities for educational and recreational activities, 
     and are publicly used for hiking, camping, and fishing, and 
     for wilderness value, including solitude;
       (4) adjacent public land downstream of the Black Canyon of 
     the Gunnison National Monument has wilderness value and 
     offers unique geological, paleontological, scientific, 
     educational, and recreational resources;
       (5) public land adjacent to the Black Canyon of the 
     Gunnison National Monument contributes to the protection of 
     the wildlife, viewshed, and scenic qualities of the Black 
     Canyon;
       (6) some private land adjacent to the Black Canyon of the 
     Gunnison National Monument has exceptional natural and scenic 
     value, that, would be threatened by future development 
     pressures;
       (7) the benefits of designating public and private land 
     surrounding the national monument as a national park include 
     greater long-term protection of the resources and expanded 
     visitor use opportunities; and
       (8) land in and adjacent to the Black Canyon of the 
     Gunnison Gorge is--
       (A) recognized for offering exceptional multiple use 
     opportunities;
       (B) recognized for offering natural, cultural, scenic, 
     wilderness, and recreational resources; and
       (C) worthy of additional protection as a national 
     conservation area, and with respect to the Gunnison Gorge 
     itself, as a component of the national wilderness system.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Gunnison Gorge National Conservation Area, 
     consisting of approximately 57,725 acres surrounding the 
     Gunnison Gorge as depicted on the Map.
       (2) Map.--The term ``Map'' means the map entitled ``Black 
     Canyon National Park and Gunnison Gorge NCA--1/22/99''.
       (3) Park.--The term ``Park'' means the Black Canyon 
     National Park established under section 4 and depicted on the 
     Map.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL PARK.

       (a) Establishment.--
       (1) In general.--There is established the Black Canyon 
     National Park in the State of Colorado, as generally depicted 
     on the Map.
       (2) Availability of map.--The Map shall be on file and 
     available for public inspection in the offices of the 
     National Park Service of the Department of the Interior.
       (3) Redesignation of monument.--
       (A) Termination of black canyon designation.--The 
     designation of the Black Canyon of the Gunnison National 
     Monument in existence on the date of enactment of this Act is 
     terminated.
       (B) Transfer.--All land and interests within the boundary 
     of the Black Canyon of the Gunnison National Monument are 
     incorporated in and made part of the Black Canyon National 
     Park, including--
       (i) land and interests within the boundary of the Black 
     Canyon of the Gunnison National Monument as established by 
     section 2(a) of the first section of Public Law 98-357; and
       (ii) any land and interests identified on the Map and 
     transferred by the Bureau of Land Management under this Act.
       (C) Reference to park.--Any reference to the Black Canyon 
     of the Gunnison National Monument shall be deemed a reference 
     to Black Canyon National Park.
       (D) Funds.--Any funds made available for the purposes of 
     the Black Canyon of the Gunnison National Monument shall be 
     available for purposes of the Park.
       (b) Authority.--The Secretary, acting through the Director 
     of the National Park Service, shall manage the Park subject 
     to valid rights, in accordance with this Act and the 
     provisions of law applicable to units of the National Park 
     System, including--
       (1) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (16 U.S.C. 1 et seq.);
       (2) the Act entitled ``An Act to provide for the 
     preservation of historic American sites, buildings, objects, 
     and antiquities of national significance, and for other 
     purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.); 
     and
       (3) other applicable provisions of law.
       (c) Grazing.--
       (1) Grazing permitted.--The Secretary may permit grazing 
     within the Park, if the

[[Page S1088]]

     use of the Park for grazing is permitted on the date of 
     enactment of this Act.
       (2) Grazing plan.--The Secretary shall prepare a grazing 
     management plan to administer any grazing activities within 
     the Park.

     SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY 
                   ADJUSTMENTS.

       (a) Additional Acquisitions.--
       (1) In general.--The Secretary may acquire land or 
     interests in land depicted on the Map as proposed additions.
       (2) Method of acquisition.--
       (A) In general.--Land or interests in land may be acquired 
     by--
       (i) donation;
       (ii) transfer;
       (iii) purchase with donated or appropriated funds; or
       (iv) exchange.
       (B) Consent.--No land or interest in land may be acquired 
     without the consent of the owner of the land.
       (b) Boundary Revision.--After acquiring land for the Park, 
     the Secretary shall--
       (1) revise the boundary of the Park to include newly-
     acquired land within the boundary; and
       (2) administer newly-acquired land subject to applicable 
     laws (including regulations).
       (c) Boundary Survey.--Not later than 5 years after the date 
     of enactment of this Act, the Secretary shall complete an 
     official boundary survey of the Park
       (d) Hunting on Privately Owned Lands.--
       (1) In general.--The Secretary may permit hunting on 
     privately owned land added to the Park under this Act, 
     subject to limitations, conditions, or regulations that may 
     be prescribed by the Secretary.
       (2) Termination of authority.--On the date that the 
     Secretary acquires fee ownership of any privately owned land 
     added to the Park under this Act, the authority under 
     paragraph (1) shall terminate with respect to the privately 
     owned land acquired.

     SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON 
                   WILDERNESS.

       (a) Expansion of Black Canyon.--The Black Canyon of the 
     Gunnison Wilderness, as established by subsection (b) of the 
     first section of Public Law 94-567 (90 Stat. 2692), is 
     expanded to include the parcel of land depicted on the Map as 
     ``Tract A'' and consisting of approximately 4,460 acres.
       (b) Administration.--The Black Canyon of the Gunnison 
     Wilderness shall be administered as a component of the Park.

     SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL 
                   CONSERVATION AREA.

       (a) In General.--There is established the Gunnison Gorge 
     National Conservation Area, consisting of approximately 
     57,725 acres as generally depicted on the Map.
       (b) Management of Conservation Area.--The Secretary, acting 
     through the Director of the Bureau of Land Management, shall 
     manage the Conservation Area to protect the resources of the 
     Conservation Area in accordance with--
       (1) this Act;
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (3) other applicable provisions of law.
       (c) Withdrawal of Land.--Subject to valid rights in 
     existence on the date of enactment of this Act, all Federal 
     land and interests within the Conservation Area acquired by 
     the United States are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing and geothermal leasing 
     laws.
       (d) Permitted Uses.--
       (1) In general.--The Secretary shall permit hunting, 
     trapping, and fishing within the Conservation Area in 
     accordance with applicable laws (including regulations) of 
     the United States and the State of Colorado.
       (2) Exception.--The Secretary, 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 
     concerning--
       (A) public safety;
       (B) administration; or
       (C) public use and enjoyment.
       (e) Use of Motorized Vehicles.--In addition to the use of 
     motorized vehicles on established roadways, the use of 
     motorized vehicles in the Conservation Area shall be 
     allowed--
       (1) to the extent the use is compatible with off-highway 
     vehicle designations as described in the management plan in 
     effect on the date of enactment of this Act; or
       (2) to the extent the use is practicable under a management 
     plan prepared under this Act.
       (f) Conservation Area Management Plan.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall--
       (A) develop a comprehensive plan for the long-range 
     protection and management of the Conservation Area; and
       (B) transmit the plan to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Resources of the House of 
     Representatives.
       (2) Contents of plan.--The plan--
       (A) shall describe the appropriate uses and management of 
     the Conservation Area in accordance with this Act;
       (B) may incorporate appropriate decisions contained in any 
     management or activity plan for the area completed prior to 
     the date of enactment of this Act;
       (C) may incorporate appropriate wildlife habitat management 
     plans or other plans prepared for the land within or adjacent 
     to the Conservation Area prior to the date of enactment of 
     this Act;
       (D) shall be prepared in close consultation with 
     appropriate Federal, State, county, and local agencies; and
       (E) shall use information developed prior to the date of 
     enactment of this Act in studies of the land within or 
     adjacent to the Conservation Area.
       (g) Boundary Revisions.--The Secretary may make revisions 
     to the boundary of the Conservation Area following 
     acquisition of land necessary to accomplish the purposes for 
     which the Conservation Area was designated.

     SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION 
                   AREA.

       (a) Gunnison Gorge Wilderness.--
       (1) In general.--Within the Conservation Area, there is 
     designated as wilderness, and as a component of the National 
     Wilderness Preservation System, the Gunnison Gorge 
     Wilderness, consisting of approximately 17,700 acres, as 
     generally depicted on the Map.
       (2) Administration.--
       (A) Wilderness study area exemption.--The approximately 
     300-acre portion of the wilderness study area depicted on the 
     Map for release from section 603 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1782) shall not be 
     subject to section 603(c) of that Act.
       (B) Incorporation into national conservation area.--The 
     portion of the wilderness study area described in 
     subparagraph (A) shall be incorporated into the Conservation 
     Area.
       (b) Administration.--Subject to valid rights in existence 
     on the date of enactment of this Act, the wilderness areas 
     designated under this Act shall be administered by the 
     Secretary in accordance with the Wilderness Act (16 U.S.C. 
     1131 et seq.).
       (c) State responsibility.--As provided in section 4(d)(7) 
     of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     Act or in the Wilderness Act shall affect the jurisdiction or 
     responsibilities of the State of Colorado with respect to 
     wildlife and fish on the public land located in that State.

     SEC. 9. WITHDRAWAL.

       The land identified as tract B on the Map, consisting of 
     approximately 1,554 acres, is withdrawn--
       (1) from all forms of entry, appropriation, or disposal 
     under the public land laws;
       (2) from location, entry, and patent under the mining laws; 
     and
       (3) from operation of the mineral leasing and geothermal 
     leasing laws.

     SEC. 10. WATER RIGHTS.

       (a) Effect on Water Rights.--Nothing in this Act shall--
       (1) constitute an express or implied reservation of water 
     for any purpose; or
       (2) affect any water rights in existence prior to the date 
     of enactment of this Act, including any water rights held by 
     the United States.
       (b) Additional Water Rights.--Any new water right that the 
     Secretary determines is necessary for the purposes of this 
     Act shall be established in accordance with the procedural 
     and substantive requirements of the laws of the State of 
     Colorado.

     SEC. 11. STUDY OF LANDS WITHIN AND ADJACENT TO CURECANTI 
                   NATIONAL RECREATION AREA.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director of the National Park Service, shall conduct a study 
     concerning land protection and open space within and adjacent 
     to the area administered as the Curecanti National Recreation 
     Area.
       (b) Purpose of Study.--The study required to be completed 
     under subsection (a) shall--
       (1) assess the natural, cultural, recreational and scenic 
     resource value and character of the land within and 
     surrounding the Curecanti National Recreation Area (including 
     open vistas, wildlife habitat, and other public benefits);
       (2) identify practicable alternatives that protect the 
     resource value and character of the land within and 
     surrounding the Curecanti National Recreation Area;
       (3) recommend a variety of economically feasible and viable 
     tools to achieve the purposes described in paragraphs (1) and 
     (2); and
       (4) estimate the costs of implementing the approaches 
     recommended by the study.
       (c) Submission of Report.--Not later than 3 years from the 
     date of enactment of this Act, the Secretary shall submit a 
     report to Congress that--
       (1) contains the findings of the study required by 
     subsection (a);
       (2) makes recommendations to Congress with respect to the 
     findings of the study required by subsection (a); and
       (3) makes recommendations to Congress regarding action that 
     may be taken with respect to the land described in the 
     report.
       (d) Acquisition of Additional Land and Interests in Land.--
       (1) In general.--Prior to the completion of the study 
     required by subsection (a), the Secretary may acquire certain 
     private land or interests in land as depicted on the Map 
     entitled ``Proposed Additions to the Curecanti National 
     Recreation Area,'' dated 09/15/98, totaling approximately 
     1,065 acres and entitled ``Hall and Fitti properties''.

[[Page S1089]]

       (2) Method of acquisition.--
       (A) In general.--Land or an interest in land under 
     paragraph (1) may be acquired by--
       (i) donation;
       (ii) purchase with donated or appropriated funds; or
       (iii) exchange.
       (B) Consent.--No land or interest in land may be acquired 
     without the consent of the owner of the land.
       (C) Boundary revisions following acquisition.--Following 
     the acquisition of land under paragraph (1), the Secretary 
     shall--
       (i) revise the boundary of the Curecanti National 
     Recreation Area to include newly-acquired land; and
       (ii) administer newly-acquired land according to applicable 
     laws (including regulations).

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                  ____



                                 Montrose Chamber of Commerce,

                                   Montrose, CO, January 26, 1999.
     Hon. Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: The Montrose Chamber of Commerce, 
     Board of Directors, has been informed of your intent to 
     introduce legislation regarding the Black Canyon National 
     Park endeavor. We are writing to endorse the legislation. The 
     Black Canyon is truly one of God's gifts to Colorado. By 
     giving it National Park status, it receives the accolades it 
     deserves.
       Please keep us apprised as to the status of the 
     legislation. If there is any way we can assist with your 
     efforts please do not hesitate to ask. We thank you for your 
     efforts and dedication to Western Colorado and its citizens.
           Sincerely,
                                                   Marge Keehfuss,
     Executive Director.
                                  ____

                                    Board of County Commissioners,


                                          Gunnison County, CO,

                                                 January 19, 1999.
     Hon. Ben Nighthorse Campbell,
     Senator, Washington, DC.
       Dear Senator Campbell: As you are aware, the National Park 
     Service administers the lands within Curecanti National 
     Recreation Area under a 1965 agreement with the Bureau of 
     Reclamation. Colorado State Highway 92 is one of the most 
     scenic drives in Colorado as it skirts the Black Canyon on 
     the Gunnison within and adjacent to Curecanti. This portion 
     of the highway is also designated as a component of the West 
     Elk Loop Scenic and Historic Byway. The preservation of the 
     rural values now dominating Highway 92 will play an important 
     role in maintaining the quality of life for area residents as 
     well as providing a quality visitor experience worth 
     remembering. The National Park Service has been working with 
     two willing landowners that own property adjacent to Highway 
     92 and within the Curecanti National Recreation Area. 
     Collectively, this ownership represents 1,065 acres and 
     development of this significant amount of land would forever 
     alter the scenic values.
       We realize the National Park Service has very limited 
     authority to acquire lands outside of its boundaries. This is 
     especially true for the recreation area since its boundary 
     has never been formally established. Therefore, it is our 
     understanding that specific authority will need to be granted 
     through legislation by Congress in order to adjust the 
     boundary and acquire these lands.
       The Gunnison County Board of Commissioners is very 
     supportive of these properties being acquired by the National 
     Park Service. The Board of Commissioners would encourage you 
     to also support this acquisition and hopes you would consider 
     sponsoring legislation to achieve this goal. If you have any 
     questions regarding Gunnison County's support of this 
     acquisition or its importance, please don't hesitate to 
     contact my office.
           Respectfully,
                                                      John DeVore,
                                           County Manager.
                                 ______