[Congressional Record Volume 145, Number 127 (Monday, September 27, 1999)]
[House]
[Pages H8780-H8786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL 
                     CONSERVATION AREA ACT OF 1999

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 323) 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, as amended.
  The Clerk read 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 of the Gunnison 
     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 of the Gunnison 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 of the Gunnison 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 of the Gunnison National Park and Gunnison Gorge NCA--
     1/22/99''. The map shall be on file and available for public 
     inspection in the offices of the Department of the Interior.
       (3) Park.--The term ``Park'' means the Black Canyon of the 
     Gunnison 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 OF THE GUNNISON 
                   NATIONAL PARK.

       (a) Establishment.--There is hereby established the Black 
     Canyon of the Gunnison National Park in the State of Colorado 
     as generally depicted on the map identified in section 3. The 
     Black Canyon of the Gunnison National Monument is hereby 
     abolished as such, the lands and interests therein are 
     incorporated within and made part of the new Black Canyon of 
     the Gunnison National Park, and any funds available for 
     purposes of the monument shall be available for purposes of 
     the park.
       (b) Administration.--Upon enactment of this title, the 
     Secretary shall transfer the lands under the jurisdiction of 
     the Bureau of Land Management which are identified on the map 
     for inclusion in the park to the administrative jurisdiction 
     of the National Park Service. The Secretary shall administer 
     the park in accordance with this Act and laws generally 
     applicable to units of the National Park System, including 
     the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (16 U.S.C. 1, 2-4), and the Act

[[Page H8781]]

     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.).
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of enactment of this Act, the Secretary shall 
     file maps and a legal description of the park with the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives. Such maps and legal 
     description shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such legals description 
     and maps. The maps and legal description shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Withdrawal.--Subject to valid existing rights, all 
     Federal lands within the park are hereby withdrawn from all 
     forms of entry, appropriation, or disposal under the public 
     land laws; from location, entry, and patent under the mining 
     laws; and from disposition under all laws relating to mineral 
     and geothermal leasing, and all amendments thereto.
       (e) Grazing.--(1)(A) Consistent with the requirements of 
     this subsection, including the limitation in paragraph (3), 
     the Secretary shall allow the grazing of livestock within the 
     park to continue where authorized under permits or leases in 
     existence as of the date of enactment of this Act. Grazing 
     shall be at no more than the current level, and subject to 
     applicable laws and National Park Service regulations.
       (B) Nothing in this subsection shall be construed as 
     extending grazing privileges for any party or their assignee 
     in any area of the park where, prior to the date of enactment 
     of this Act, such use was scheduled to expire according to 
     the terms of a settlement by the U.S. Claims Court affecting 
     property incorporated into the boundary of the Black Canyon 
     of the Gunnison National Monument.
       (C) Nothing in this subsection shall prohibit the Secretary 
     from accepting the voluntary termination of leases or permits 
     for grazing within the park.
       (2) Within areas of the park designated as wilderness, the 
     grazing of livestock, where authorized under permits in 
     existence as of the date of enactment of this Act, shall be 
     permitted to continue subject to such reasonable regulations, 
     policies, and practices as the Secretary deems necessary, 
     consistent with this Act, the Wilderness Act, and other 
     applicable laws and National Park Service regulations.
       (3) With respect to the grazing permits and leases 
     referenced in this subsection, the Secretary shall allow 
     grazing to continue, subject to periodic renewal--
       (A) with respect to a permit or lease issued to an 
     individual, for the lifetime of the individual who was the 
     holder of the permit or lease on the date of the enactment of 
     this Act; and
       (B) with respect to a permit or lease issued to a 
     partnership, corporation, or other legal entity, for a period 
     which shall terminate on the same date that the last permit 
     or lease held under subparagraph (A) terminates, unless the 
     partnership, corporation, or legal entity dissolves or 
     terminates before such time, in which case the permit or 
     lease shall terminate with the partnership, corporation, or 
     legal entity.

     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.--As soon as practicable and subject to 
     the availability of funds 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 of the Gunnison Wilderness.--
     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 4,419 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.--Subject to valid existing rights, all 
     Federal lands within the Conservation Area are hereby 
     withdrawn from all forms of entry, appropriation or disposal 
     under the public land laws; from location, entry, and patent 
     under the mining laws; and from disposition under all laws 
     relating to mineral and geothermal leasing, and all 
     amendments thereto.
       (d) Hunting, Trapping and Fishing.--
       (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 
     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.
       (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) may 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.) except that any reference in such provisions to 
     the effective date of the Wilderness Act shall be deemed to 
     be a reference to the effective date of this Act and any 
     reference to the Secretary of Agriculture shall be deemed to 
     be a reference to the Secretary of the Interior.
       (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.

[[Page H8782]]

       (d) Maps and Legal Descriptions.--As soon as practicable 
     after the date of enactment of this section, the Secretary of 
     the Interior shall file a map and a legal description of the 
     Gunnison Gorge Wilderness with the Committee on Energy and 
     Natural Resources of the United States Senate and the 
     Committee on Resources of the United States House of 
     Representatives. This map and description shall have the same 
     force and effect as if included in this Act. The Secretary of 
     the Interior may correct clerical and typographical errors in 
     the map and legal description. The map and legal description 
     shall be on file and available in the office of the Director 
     of the BLM.

     SEC. 9. WITHDRAWAL.

       Subject to valid existing rights, the Federal lands 
     identified on the Map as ``BLM Withdrawal (Tract B)'' 
     (comprising approximately 1,154 acres) are hereby withdrawn 
     from all forms of entry, appropriation or disposal under the 
     public land laws; from location, entry, and patent under the 
     mining laws; and from disposition under all laws relating to 
     mineral and geothermal leasing, and all amendments thereto.

     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 3 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 01/25/99, totaling approximately 
     1,065 acres and entitled `Hall and Fitti properties'.
       (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.

                              {time}  1615

  The SPEAKER pro tempore (Mr. Upton). Pursuant to the rule, the 
gentleman from New Jersey (Mr. Saxton) and the gentleman from New 
Mexico (Mr. Udall) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, S. 323, introduced by Senator Ben Nighthorse 
Campbell from Colorado, authorizes the establishment of a new National 
Park unit, the Black Canyon of the Gunnison National Park. This bill 
also expands the Black Canyon of the Gunnison Wilderness area and 
establishes the Gunnison Gorge National Conservation area.
  Creation of this new park unit can also be attributed in large part 
of the hard work of our colleague, the gentleman from Colorado (Mr. 
McInnis).
  Many people have worked hard on this bill in trying to accommodate 
all of the concerns associated with this important bill. For example, 
this bill will continue the use of grazing where it existed prior to 
creating the new park unit and will continue to allow hunting on 
privately owned land within the boundaries of the park.
  Concerns dealing with water rights and off-road vehicle use also have 
been addressed.
  Mr. Speaker, I would again like to commend our colleague, the 
gentleman from Colorado (Mr. McInnis), for the great work that he did.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Colorado (Mr. McInnis).
  Mr. McINNIS. Mr. Speaker, I thank the gentleman from New Jersey (Mr. 
Saxton) for yielding me this time.
  Mr. Speaker, in just a few moments we are going to be voting on the 
bill, S. 323, the Black Canyon of the Gunnison National Park and 
Gunnison Gorge National Conservation Area Act of 1999.
  For the benefit of my colleagues here on the floor, I thought I would 
show just a few pictures, photographs, of what we are about to make as 
a national park in the state of Colorado.
  Colorado has not had a national park in 84 years. If ever there were 
a property in Colorado deserving of this special privilege, it is the 
Black Canyon.
  A few moments here of a description of the Black Canyon, and at this 
time it would be appropriate to give credit to the Southwest Parks and 
Monuments Association, Tucson, Arizona. I think their description of 
the Black Canyon really best summarizes it for the short period of time 
that we have.
  ``Most people see the 20,000 acres of the Black Canyon of the 
Gunnison National Monument,'' soon to be a national park, ``not from 
the river but from the south or north rims. We tiptoe up to the 
overlooks and clutch the guardrails with white knuckles before peering 
over the brink. Violet-green swallows dive and chitter among the sheer 
cliffs, fearless acrobats apparently oblivious to the gaping abyss. 
Nearly 2,000 feet below, nearly 2,000 feet below, we see the Gunnison 
River, like a tiny green thread but with a clearly audible roar. The 
water is so clear trout might be spied in the pools far below. The 
impressive effect of the scene reduces us to inadequate adjectives: 
gorgeous, awesome, spectacular.''
  Inevitably we start to wonder: What caused this great gorge here, and 
how do we allow all of the people of America to get the opportunity to 
see it?
  Geologist Wallace Hansen says the Black Canyon was made possible by 
an interplay of coincidences. All of the right ingredients happened to 
come together in this part of the world to make the Black Canyon of the 
Gunnison. Start with a free-flowing river with lots of water and stir 
in a generous amount of sediment. It helps if the river is flowing down 
a very steep hill. Send the river through a raised block of some very 
hard rock. Spice sparingly with gully wash and frost action and simmer 
uncovered for a couple of million years. The Gunnison River was and 
still is the primary agent responsible for carving the Black Canyon.
  Other canyons may have greater steepness or depth but few combine 
both of these attributes as magnificently as the Black Canyon. A few 
breathtaking statistics will suffice. At the Narrows at the river 
level, the gorge is 40 feet wide and the walls are 1,700 feet high. 
Below East Portal, the canyon is 1,920 feet deep. Painted Wall, 
Colorado's highest cliff, soars up a staggering 2,250 vertical feet.
  The Black Canyon was named for the dark rock that makes up the walls, 
rocks that have been subjected to untold amounts of heat and pressure. 
Geologists call them basement rocks, for

[[Page H8783]]

they are the foundation of the Earth's crust and often are deeply 
buried. This rock exposed in the canyon is much older than the canyon 
itself. Indeed, these basement rocks are among the oldest rocks on the 
Earth, exceeding 1.7 billion years of age.
  This legislation which we are about to vote on today has been a long 
time coming to the Western Slope of Colorado, and particularly the 
Colorado's third congressional district. It is a prime example of 
legislation which incorporates the input of local constituents and 
locally elected officials, as well as input from the Federal agencies 
involved; lots of team work. This is a well-developed and innovative 
approach to protecting unique natural resources for future generations 
in the most fiscally responsible manner possible.
  Earlier this year, I introduced House Resolution 1165, the Black 
Canyon National Park and Gunnison Gorge National Conservation Area Act 
of 1999. I would like to extend my thanks to my fellow colleagues who 
joined me by cosponsoring this bill. I greatly appreciate their 
assistance and their support.
  I would also like to extend my thanks to the gentleman from Colorado 
(Mr. Udall), who has worked with me in the last hours to ensure that 
this legislation was brought to the floor today for prompt 
consideration.
  Mike Strang, my predecessor from years ago, was the first one that 
introduced the bill on the Black Canyon and he, too, today is to be 
acknowledged.
  Across the Capitol, Senator Campbell who has spent endless hours on 
this and put a lot of energy and a lot of resources in to seeing that 
today we have reached this point where we can pass a bill on to the 
President for signature should also be congratulated and thanked. His 
effort is appreciated and will be appreciated for many generations to 
come.
  I also should at this point thank the gentleman from New Jersey (Mr. 
Saxton), the gentleman from Alaska (Mr. Young) and, of course, the 
subcommittee chairman, the gentleman from Utah (Mr. Hansen), for their 
work in the Committee on Resources in quickly getting this bill through 
the committee and on to the floor.
  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 the collective management approach this 
legislation creates does not in any way require, imply or contemplate 
an attempt by the Federal court to usurp 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 fiscal and human resources in the administration 
and management of this natural resource in a unique money-saving 
manner. This legislation will also eliminate redundant operations and 
form a coordinated, efficient, and fiscally responsible management 
structure.
  Much work has been done to forge consensus on this issue, and I am 
pleased to bring forward this cooperative management plan for this 
beautiful example of our national and natural heritage.

  Mr. Speaker, enactment of this bill will not, will not, be the last 
step in protecting the Federal lands in Colorado. As this bill 
demonstrates, when an area is appropriate for wilderness designation 
and when all of these outstanding issues have been satisfactorily 
addressed, the Colorado delegation will respond with appropriate 
legislation.
  I would also note that other protection short of the absolute 
wilderness designation, such as a national park, may be appropriate in 
many cases, and I would encourage the Congress, Coloradans, the 
counties, local users and interests who would be impacted to consider 
this possibility when discussing how to best utilize public lands 
within Colorado.
  I would like to take this opportunity to discuss certain perceptions 
regarding the need to preserve and protect our Nation's lands. As is 
evident by the different forms of land management utilized in my bill, 
the fact that Federal lands are not designated as wilderness does not 
mean that the land is not protected. In this area, as a result of this 
legislation, we will designate a national park, enlarge a wilderness 
area, and establish a conservation area. One can see the range of tools 
available to the Forest Service, the Bureau of Land Management, the 
Fish and Wildlife Service, and the National Parks Service to help 
protect and preserve the integrity of our lands.
  Local control is a privilege that is already hard to come by and 
difficult to keep. Once an area is designated as wilderness, the option 
of local control is no longer available. It usurps that local control. 
The lands are then governed by a very strict Federal statute. For that 
reason, in my opinion, any wilderness proposal must carefully consider 
local interests before proposing broad wilderness designation.
  In my support for public land-use policy, I have sought to achieve a 
common sense balance between local control, multiple use, and 
protecting Colorado's and the United States' resources. I have and will 
continue to support wilderness, or other forms of intense management, 
in Colorado that is well considered and which enjoys local support, 
such as the Black Canyon of the Gunnison legislation. I will continue 
to work to achieve appropriate levels of protection for the pristine 
and beautiful areas within Colorado.
  Let me take just one moment to put this bill in its proper 
perspective. First introduced in the 1980s by Mike Strang, as I 
mentioned earlier, this bill will create a new national park in the 
State of Colorado for the first time since 1915, when Rocky Mountain 
National Park was named. It has been almost 85 years since the last new 
national park in Colorado. I am thrilled to be here today, to be 
carrying this legislation and to team up with Senator Campbell to take 
it through the United States Congress so that Colorado now has a new 
national park.
  It has been a long time, 85 years. The last time we had a park in our 
State was in 1915, when Ford was still producing Model T Fords. Closer 
to home, Pancho Villa led raids into New Mexico and Texas; and in 
Denver, one could buy a loaf of bread for 5.6 cents. That is how long 
ago it has been.
  Today is a big day for the State of Colorado. It is a victory for the 
United States Congress. It is a victory for the citizens of the United 
States.
  We have a fiscally sound management plan helping protect our 
resources that does not lock out humans but instead can make all of us 
very, very proud of what we have in the Black Canyon and is very amply 
reflected in these photos.
  We can see how long it has been since we have had that national park. 
Today this step we are going to take is a historic step.
  Mr. Speaker, I close my statement by thanking all of my fellow 
Members for their time, and I urge all of the Members of the House to 
vote yes in support of the passage of S. 323.
  I would finally point out, again, this is a cooperative effort, 
bipartisan. It was the local control that was key. This project did not 
start in the United States Congress. This project started in the town 
of Montrose, Colorado, a wonderful community in western Colorado. That 
is where this project started, locally. They sat down, they formed a 
consensus. They went to their State officials, and then they came to 
their Federal officials.
  It is a victory for all of us, and I am proud to be the 
representative, representing the State of Colorado, on the House floor 
carrying this bill.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, today we have a rare 
opportunity to build on one of the best ideas America has ever had. The 
creation of our national parks system has provided invaluable 
opportunities for the protection of our natural resources and for 
recreation and enjoyment of those resources by visitors from around the 
country and around the world.
  The legislation before us will add a new park to the list, which 
includes places like Yellowstone, Yosemite, Grand Canyon, and Denali. 
We urge our colleagues to support it.

[[Page H8784]]

  S. 323 will abolish the existing Black Canyon of the Gunnison 
National Monument in western Colorado and create in its place the Black 
Canyon of the Gunnison National Park, along with a new national 
conservation and wilderness area.

                              {time}  1630

  The redesignation of this monument is an important step because it 
will allow us to better protect the valuable natural and cultural 
resources that make this area unique.
  Because our national parks are so special, however, this is not a 
step we take lightly. This new park will be significantly larger than 
the existing monument. The bill also adds approximately 4,500 acres to 
the park and authorizes the purchase of another 2,500 acres in the 
future. In addition, it creates a new 57,000 acre National Conservation 
Area, 18,000 acres of which will be designated as wilderness. With 
these additions, these new parks will offer a variety of resources, 
scenery and, recreational activities characteristic to our national 
parks.
  In addition, this legislation deals with difficult land management 
issues such as grazing and the use of off-road vehicles in a way that 
is consistent with the long-term protection of this sensitive area. We 
are especially pleased that the legislation, as amended, now includes 
agreed-upon language with regard to use of off-road vehicles that is 
consistent with other national conservation area designations.
  We would like to thank the sponsor of this legislation as well as the 
gentleman from Utah (Chairman Hansen) and the gentleman from Alaska 
(Chairman Young) for working with us to craft a bill we can all 
support.
  I should also mention the role of another Udall in making this new 
park a reality. The gentleman from Colorado (Mr. Udall) and his staff 
played a critical role in perfecting this bill, and I know this new 
park means a great deal to the gentleman from Colorado and his 
constituents.
  I urge my colleagues to support S. 323. I also would like to say to 
the gentleman from Colorado (Mr. McInnis) that this is a very important 
moment for the State of Colorado. It has been 85 years, and it is a 
very special moment for the State of Colorado. I think the gentleman 
from Colorado (Mr. McInnis) has played a very key role in this far-
sighted piece of legislation that we pass today. It truly is, as the 
gentleman has said, a bipartisan effort with the gentleman from 
Colorado (Mr. Udall), the gentleman from Colorado (Mr. McInnis), 
Senator Ben Nighthorse Campbell all working together through the 
Committee on Resources to see that this is done and now is a reality 
happening here on the House floor.
  I would also like to thank all of the members of the staff of the 
Committee on Resources that have worked on this issue, and also Stan 
Sloss on the staff of the gentleman from Colorado (Mr. Udall) I know 
has worked very hard.
  Mr. UDALL of Colorado. Mr. Speaker, I support this bill. It is a 
measure of great importance to Colorado.
  The Black Canyon National Monument is one of our State's treasures. 
Its establishment was a wise act of President Hoover that demonstrated 
the importance and value of the Antiquities Act. I am glad that we are 
moving today to build on that foundation by redesignating it as a 
National Park.
  I am also very pleased that the bill includes designation of 
wilderness for nearby public lands managed by the Bureau of Land 
Management. As I've said before, I think we should make it a priority 
to act to protect the wilderness values of Colorado's BLM lands, and I 
hope that the Committee will soon consider further wilderness 
designations for those lands, such as those proposed by our colleague 
from the First District, Ms. DeGette.
  As we considered the bill in the Resources Committee, I did have some 
concerns about some of its technical details. In particular, I was 
concerned that there might be some misunderstanding about how the bill 
would affect the status of water rights now held or claimed by the 
United States. I had been prepared to seek to amend the bill to clarify 
that point. However, thanks to the cooperation of the Subcommittee 
Chairman, Mr. Hansen, language has been included in the Resources 
Committee's report on the bill that I think removes any possible 
misunderstanding.
  As the report makes clear, section 10 of the bill is intended to 
assure that the existing water rights of the United States, conditional 
and absolute, are preserved unimpaired. The report also makes it clear 
that this bill will neither expand nor diminish the water rights held 
by the United States for the benefit of the monument and, upon 
enactment of this legislation, the national park, and that those 
federal water rights will retain both their priority date and their 
purposes. In addition, the report explains it is the existence of these 
federal water rights--and the fact that they will be transferred, 
unimpaired, to the new Black Canyon of the Gunnison National Park--that 
has led the Committee to conclude that the reservation of new federal 
water rights is unnecessary to protect the water-related values of the 
new national park, the new national conservation area, or the new 
wilderness designations.
  I greatly appreciate the willingness of Chairman Hansen to work with 
me to make sure that the legislative history of this bill leaves no 
doubt about these very important points. I also am very glad that he 
and the other majority members of the Committee were willing to work 
with Mr. Romero-Barcelo, Mr. Miller, and the rest of us on our side of 
the aisle to resolve questions about management of off-road vehicle use 
of some of the lands covered by this bill. The result is that the 
committee has been able to come to the House with a bill that enjoys 
broad, bipartisan support.
  However, Mr. Speaker, there does remain one other matter of great 
importance to the future of this unit of the National Park System that 
is not directly addressed in the bill or the committee's report. It 
involves an imminent threat to the existing Black Canyon National 
Monument. It centers on a tract of land--about 120 acres--that's a non-
federal inholding within the current Monument boundaries.
  This tract isn't a remote, isolated one. It is just inside the 
National Monument boundary. The land slopes up and away from the canyon 
rim. The Monument's Superintendent says it's important for protecting 
the views from the canyon overlooks--the parts of the Monument that 
attract the most visitors. What's more, there's a road on the tract--a 
main road into the Monument, as a matter of fact. And, right now, 
beside that main Monument road, there's something else, something new. 
It's a billboard advertising building sites for trophy homes or for a 
commercial activity like a bed and breakfast. ``For sale,'' the 
billboard says, ``Beautiful canyon views,'' with ``World-class 
sunsets'' and ``year-round access on paved road.''

  This is not a theory, Mr. Speaker. This is a fact. This is a threat 
to this park.
  From talking to other members of our state's delegation, and from 
listening to what other Coloradans are saying, I am convinced that 
almost everyone agrees that this threat needs to be averted and that 
these lands need to be shielded from development. But it seems that 
there is disagreement about how to achieve that goal.
  For myself, I think the simplest and best thing to do would be for 
the United States to acquire full title for that inholding by paying 
the owner its full fair market value--but nothing more. The National 
Park Service has told me that they share that view.
  Toward that end, when the bill was considered by the Committee I 
sought to amend it to include language that would authorize and direct 
the Secretary of the Interior to acquire whatever interests in these 
120 acres the Secretary determines desirable in order to protect the 
resources and values of the Black Canyon of the Gunnison.
  As it happens, that language was not adopted by the Committee, and it 
is not part of the bill before us today. I still think its inclusion 
would have made this good bill even better. However, I have agreed to 
having this bill be considered today under conditions that will 
preclude any attempt to add such language through an amendment on the 
House floor.
  My agreement to this procedure was prompted, first, by the request of 
other members of our Colorado delegation--particularly Representative 
McInnis and Senator Campbell--and also by other factors:
  First, I think this legislation's prompt enactment is highly 
desirable--and while I don't think adoption of my amendment should slow 
its progress, I have reluctantly concluded that some of our colleagues 
in the House, as well as some members of the other body, may not be 
prepared to give this bill appropriate consideration if it were so 
amended.
  Second, even without further legislation the Interior Department 
already has some authority to respond to this imminent threat to the 
integrity of the Black Canyon, even though under current law that 
authority does not include the power to condemn the full fee title to 
the inholding.
  And, finally, I have been assured that the National Park Service is 
moving to respond to the threat.
  Shortly after the Resources Committee completed its consideration of 
this bill I wrote to the Secretary of the Interior to urge that prompt 
action be taken to respond to this threat to the National Monument--
and, in response, I now have been assured that the Interior Department 
and the National Park Service agree with me about the need to take

[[Page H8785]]

quick action and that they are initiating such action. For the record, 
I am including at the end of this statement the letters I have 
exchanged with the Interior Department and the National Park Service on 
this subject. As outlined in the letter to me from Denis Galvin (its 
Acting Director), the National Park Service is taking the necessary 
steps either to acquire full title to the inholding through an 
agreement with its owner or, in the alternative, to use its current 
authority to acquire a conservation easement to prevent incompatible 
development on the inholding.
  Mr. Speaker, I hope that the National Park Service will not falter in 
this effort to protect the Black Canyon of the Gunnison--and I can 
assure the Service, our colleagues, and the people of Colorado that I 
am prepared to do all I can toward that same goal. As indicated in my 
letter to Director Stanton, I will do all I can, whether by way of new 
legislation or through seeking appropriation of necessary funds.
  With regard to that question of funding, I recognize some may be 
concerned about the cost of heading off this threat. I understand that, 
and appreciate it. After all, we are talking about taxpayers' money.
  But, Mr. Speaker, I would ask--what is the cost of doing nothing? 
What would be the cost to the Black Canyon if this land is transformed 
from open space into buildings? What would be the cost to the 
experience of visitors if this part of Colorado's countryside becomes 
yet another tract of trophy homes or commercial developments? I submit 
that those costs are not only hard to estimate--they are incalculable. 
I submit those costs would far exceed whatever money may have to come 
out of the Treasury to prevent that outcome.
  And, I submit, legislation along the lines of the amendment I 
proposed in the Committee might well actually reduce the monetary cost 
to the taxpayers for protecting the Black Canyon.
  Remember, under current law, the National Park Service can acquire 
full title to the lands only on whatever terms the owner will accept. 
Under my amendment, if there were an impasse over the fair market value 
of that full title, court would decide just what that value is, meaning 
how much the taxpayers are required to pay.
  Without that kind of new authority, according to the letter to me 
from the Acting Director, the National Park Service likely would be 
required to pay about 90 percent of the same fair market value for a 
conservation easement that would prevent incompatible development but 
would leave an inholding to which there would be no established right 
of public access or use. I don't find that fully satisfactory for 
anyone--especially for the taxpayers--even though it would be better 
than allowing the development of these lands.
  In conclusion, Mr. Speaker, while I think this bill would have been 
improved if the Committee had adopted my amendment it remains a good 
and important measure that deserves the approval of the House, and I 
urge its passage.

                                     House of Representatives,

                                  Washington, DC, August 12, 1999.
     Hon. Bruce Babbitt,
     Secretary, Department of the Interior, Washington, DC.
       Dear Secretary Babbitt: I am writing to urge you to act to 
     avert a serious threat to the integrity of the Black Canyon 
     of the Gunnison National Monument.
       As you know, Congress is currently considering legislation 
     to elevate this monument to the status of a national park. On 
     July 21, the House Resources Committee considered a bill (S. 
     323) to do that. I support this change in status, have been 
     working to resolve some technical questions, and have voted 
     to favorably report the bill to the full House.
       Just before the Committee's consideration of the bill, it 
     was learned that a tract of about 120 acres within the 
     present boundaries of the monument has been acquired by a 
     developer and is now being offered for sale for residential 
     or commercial development. This property is bisected by a 
     main road into the Monument and is in close proximity to the 
     canyon rim. If houses or other structures were to be 
     developed on these parcels, it would seriously affect the 
     visual and environmental integrity of this National Park 
     System unit and would seriously diminish the experience of 
     visitors to this strikingly beautiful canyon.
       In response, I sought to offer an amendment to authorize 
     and direct you, as Secretary of the Interior, to acquire any 
     and all interests in these lands that you might determine 
     should be acquired in order to protect the resources and 
     values of the Black Canyon.
       As you know, under current law, the United States can 
     acquire full title to these lands only with the agreement of 
     the landowner, although lesser interests can be acquired in 
     the absence of such agreement. In other words, full title can 
     be acquired only upon the terms set by the developer. My 
     amendment would have provided the National Park Service with 
     full authority to acquire any and all interests in the land--
     for fair market value but not for whatever extortionate price 
     might be demanded. While the Committee did not adopt this 
     amendment, I stand ready to take further steps to protect the 
     Black Canyon as may be appropriate. However, the bill has not 
     yet reached the floor and, as you know, the House now has 
     adjourned until September.
       Under these circumstances, I think it is imperative for you 
     to act promptly to address this serious situation, using 
     authority currently available to the Department of the 
     Interior if possible or by indicating what additional 
     authority is required or would be desirable.
       The Black Canyon of the Gunnison is one of the Colorado's 
     crown jewels, and a national treasure as well. I feel sure 
     you share my view that its protection is a matter of highest 
     priority, and I look forward to your response to this urgent 
     request.
           Sincerely,
     Mark Udall.
                                  ____

                                       Department of the Interior,


                                        National Park Service,

                               Washington, DC, September 14, 1999.
     Hon. Mark Udall,
     House of Representatives,
     Washington, DC.
       Dear Mr. Udall: Thank you for your letter of August 12, 
     1999, to Secretary Babbitt. I agree with you that we need to 
     take quick action to protect a tract of land within the 
     boundary of Black Canyon of the Gunnison National Monument 
     that is now being offered for sale by TDX, Inc. for 
     residential or commercial development. As the National Park 
     Trust recently identified, inholdings in many national park 
     areas pose a variety of threats to the purposes for which the 
     units were established.
       The authorities available to the National Park Service to 
     resolve land issues at Black Canyon of the Gunnison National 
     Monument are constrained by existing law that requires us to 
     purchase fee title only from willing sellers. Therefore our 
     first approach to protect this 120 acres would be to file a 
     complaint in condemnation for full free interest with consent 
     from TDX, Inc. The National Park Service would put forth 
     every effort to come to an agreement on the purchasing cost 
     with TDX, Inc. However if TDX, Inc. is unwilling to sell in 
     fee at the appraised price, an alternative would be to seek 
     legislation to give the park the additional authority to 
     settle this matter. Finally, if neither of the two previous 
     actions work we would attempt to acquire a conservation 
     easement for less than fee simple through the complaint in 
     condemnation process. This last action would most likely 
     require the National Park Service to pay approximately 90 
     percent of full fee value without gaining public access or 
     use. While it would prevent incompatible development, TDX, 
     Inc. would still own an inholding within the park.
       We do not believe amending the legislation currently before 
     Congress, S. 323, is the most effective solution. The sooner 
     the present legislation passes, the more quickly we will be 
     able to protect lands that are part of the proposed new 
     boundary and prevent additional threats from developing. 
     There are three tracts of private land, totaling 2,500 acres, 
     within the proposed expansion area, each with a willing 
     seller. Any delay to S. 323 could result in a change in 
     ownership to an ``unwilling'' seller similar to TDX, Inc.
       An independent appraisal for the TDX, Inc. parcel has been 
     requested and we should have the results in the next 30 to 60 
     days. The fair market value of the property most likely will 
     not meet the current asking price that may result in this 
     action ending up in the courts for a final decision. Current 
     appropriations most likely will not cover the cost of the 
     TDX, Inc. acquisition. There are no funds appropriated for 
     other available parcels called for in this legislation.
       We are fully committed to the passage of S. 323 in this 
     session, and to the protection of all resource values in 
     Black Canyon of the Gunnison National Monument. It may take 
     different methods to accomplish our goals. We are willing to 
     work with you, as well as the rest of the Colorado delegation 
     in order to do this in the best and most efficient way 
     possible.
           Sincerely,
                                                   Robert Stanton,
     Acting Director.
                                  ____



                                     House of Representatives,

                               Washington, DC, September 24, 1999.
     Mr. Robert G. Stanton,
     Director, National Park Service,
     Washington, DC.
       Dear Director Stanton: Thank you for Acting Director 
     Galvin's response to my letter to Secretary Babbitt about the 
     need to protect the integrity of the Black Canyon National 
     Monument.
       I am glad that the National Park Service and the Department 
     of the Interior agree that quick action is needed to protect 
     the TDX tract within the Monument, and that act toward that 
     end is now underway. I also agree that acquisition of the 
     full fee to the land pursuant to an agreement with TDX would 
     be the optimal outcome.
       At the same time, as your letter indicates, it's essential 
     that the National Park Service be prepared to act to protect 
     this unit of the National Park System even in the absence of 
     such an agreement. I have been and remain prepared to seek 
     adoption of legislation to provide the Service additional 
     authority with respect to acquisition of these lands. 
     However, it would be unrealistic to assume that such 
     legislation could be enacted before Congress adjourns this 
     fall. Therefore, it's imperative that the National Park 
     Service continue all necessary preparations to use its 
     existing authority to acquire a conservation easement on the 
     TDX tract through the

[[Page H8786]]

     condemnation process in the event that the Service does not 
     reach an agreement for acquisition of the full title. You can 
     be sure that I will do all I can to assist in that 
     undertaking, including seeking appropriation of the necessary 
     funds.
       I look forward to continue working with you and the other 
     members of Colorado's delegation in the Congress to protect 
     the Black Canyon of the Gunnison and to complete action on 
     the legislation that will establish it as a National Park.
           Sincerely,
                                                       Mark Udall.

  Mr. UDALL of New Mexico. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Upton). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Saxton) that the House 
suspend the rules and pass the Senate bill, S. 323, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

                          ____________________