[Congressional Record Volume 146, Number 8 (Thursday, February 3, 2000)]
[Senate]
[Pages S331-S333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2034. A bill to establish the Canyons of the Ancients National 
Conservation Area; to the Committee on Energy and Natural Resources.


       the canyons of the ancients national conservation area act

  Mr. CAMPBELL. Mr. President, today I am introducing legislation that 
will help ensure that priceless public lands, including the Yellow 
Jacket Canyon in the Southwestern corner of my beautiful home state of 
Colorado, are preserved and managed in the most farsighted and balanced 
manner possible.
  I have developed this legislation with the Department of the Interior 
and the local government bodies. It successfully takes into account the 
concerns of all interested parties. The lands I hope we can protect 
were the home to a rich civilization before the existence of this 
hemisphere was known to the western world.
  It is imperative we protect these lands now in a reasonable manner to 
recognize the historical, archeological and cultural value they hold. 
But, I do not believe we should lock these lands from the public. When 
public lands are suddenly grabbed away by executive decree it creates 
ill feelings and distrust.
  The hardest hit are those people who live near the land, know it the 
best and whose livelihood is most connected to it. These are almost 
always hard working families. Elected local and state governments are 
also losers. Land grabs seriously erode the very tax base that enables 
towns, counties and states to provide the services the people need, 
including schools, law enforcement, and fire protection. Finally, 
participatory democracy, our nation's bedrock, also loses when an 
executive decree is used to end run the American people and those they 
have chosen to represent them in Congress.
  Through close consultation with the acting BLM director, Tom Fry, I 
have drafted a bill which should take into consideration the views of 
interested parties. I will submit for the record at the conclusion of 
my statement a number of letters from local organizations and elected 
officials who support this effort to designate a National Conservation 
Area. It will allow many of the area's current uses to stay intact 
while preserving the ancient treasures found there.
  I consider the declaration of national monuments by this 
administration by executive order another example of restricting the 
use of more public land without working with Congressional delegations, 
local officials, and other interested parties, as was the case with the 
Grand Staircase-Escalante Monument designation in Utah.
  My bill makes sure that the involved parties take part in land 
management decisions in Colorado. I am trying to ensure that all of the 
concerns of the people who live and work in the area are heard and 
addressed before any designation is made by the administration on these 
public lands.
  My bill would require public hearings which would allow everyone 
involved from local ranchers, recreational users, and all local elected 
officials to be involved with preserving this area.
  As I stated in a letter to Interior Secretary Babbitt on June 8, 
1999, Coloradans do not want to see another Grand Staircase-Escalante 
Monument designation in Colorado. Secretary Babbitt in a letter to Mr. 
Ed Zink dated November 9, 1999, declared his intent to designating the 
Anasazi area a national monument by the authority of the Antiquities 
Act of 1906. My bill proposes a compromise to preserve this area with 
local input, and avoid the heavy handed action of a monument 
designation by the President.
  My legislation will create a National Conservation Area which will 
allow the historic uses to take place while efforts are made to 
conserve the area. I am introducing this legislation to alert the 
president and the secretary that the citizens in Southwest Colorado 
desire protection of the area but oppose an executive action that 
bypasses Congress. This can be accomplished through the legislative 
process with a hearing scheduled on my bill early this year during the 
second half of the 106th Congress.
  Some in the administration will say that they are currently trying to 
work with the local community since they held a series of six scheduled 
town meetings on the proposed withdrawal. From the input that I have 
received, no one seems sold on the idea at the local level that a 
monument designation is the only option available to protect the 
ancient treasures in Southwestern Colorado.
  The Southwest Resource Advisory Council was formed to bring forth a 
wide variety of issues to take into consideration before the Secretary 
of the Interior moves forward with his intended move to remove the 
public from the area. The report addresses everything from recreation 
and tourism to oil and gas development in the area which is how these 
small communities survive economically. In our efforts to preserve the 
culture of the area, we cannot continue to lock up all of our public 
land which so many small towns in the West depend upon.
  Our small communities in Southwestern Colorado know how to be good 
stewards of the land and my bill allows everyone from the local 
citizens, the Department of Interior, and Congress to work in a 
collective effort to save this area for future generations.
  I urge my colleagues to join me in supporting this important 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. 2034

       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 ``Canyons of the Ancients 
     National Conservation Area Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that certain areas located in 
     Dolores and Montezuma Counties, Colorado--
       (1) contain unique and valuable historical, cultural, 
     scientific, archaeological, natural, and educational 
     resources; and
       (2) should be protected and enhanced for the benefit and 
     enjoyment of present and future generations.
       (b) Purpose.--The purpose of this Act is to establish the 
     Canyons of the Ancients, Colorado, as a National Conservation 
     Area.

[[Page S332]]

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Canyons of the Ancients National Conservation Area 
     established by section 4(a).
       (2) Council.--The term ``Council'' means the Canyons of the 
     Ancients National Conservation Area Advisory Council 
     established under section 5(a).
       (3) Management plan.--The term ``management plan'' means 
     the management plan developed for the Conservation Area under 
     section 4(e).
       (4) Map.--The term ``Map'' means the map entitled ``Canyon 
     of the Ancients National Conservation Area Proposal'' and 
     dated January 6, 2000.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.

     SEC. 4. CANYONS OF THE ANCIENTS NATIONAL CONSERVATION AREA.

       (a) In General.--There is established the Canyons of the 
     Ancients National Conservation Area in the State of Colorado.
       (b) Areas Included.--The Conservation Area shall consist of 
     approximately 164,000 acres of public land in Dolores and 
     Montezuma Counties, Colorado, as generally depicted on the 
     Map.
       (c) Maps and Legal Description.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a map and legal description of the Conservation Area.
       (2) Force and effect.--The map 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 the map and legal description.
       (3) Public availability.--Copies of the map and legal 
     description shall be on file and available for public 
     inspection in--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the appropriate office of the Bureau of Land Management 
     in Colorado; and
       (C) the offices of the county clerks of Montezuma and 
     Dolores Counties, Colorado.
       (d) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Area in a manner that--
       (A) conserves, protects, and enhances the resources of the 
     Conservation Area specified in section 2(a); and
       (B) is in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (ii) other applicable law, including this Act.
       (2) Uses.--The Secretary shall allow only such uses of the 
     Conservation Area as the Secretary determines will further 
     the purposes for which the Conservation Area is established.
       (3) Vehicular activity.--
       (A) In general.--Except as provided in subparagraph (B) and 
     as needed for administrative purposes or to respond to an 
     emergency, use of motorized vehicles or mechanized transport 
     in the Conservation Area shall be permitted only on roads and 
     trails designated for vehicular use under the management 
     plan.
       (B) Access to leases.--Nothing in this Act prohibits 
     vehicular access to any oil, gas, or carbon dioxide lease by 
     road or pipeline right-of-way.
       (4) Withdrawals.--
       (A) In general.--Subject to valid existing rights 
     (including lease rights) and historic rights of access, and 
     except as provided in subparagraph (B), all Federal land 
     within the Conservation Area and all land and interests in 
     land acquired for the Conservation Area by the United States 
     are withdrawn from--
       (i) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposal under the mineral leasing, mineral 
     materials, and geothermal leasing laws.
       (B) Oil and gas leasing.--Notwithstanding subparagraph (A), 
     nothing in this Act prohibits the leasing of oil, gas, or 
     carbon dioxide (including resulting operations) within the 
     Conservation Area under the mineral leasing laws.
       (5) Hunting and trapping.--
       (A) In general.--Except as provided in subparagraph (B), 
     nothing in this Act affects hunting and trapping within the 
     Conservation Area conducted in accordance with applicable 
     laws (including regulations) of--
       (i) the United States; and
       (ii) the State of Colorado.
       (B) Hunting and trapping zones.--The Secretary, after 
     consultation with the Colorado Division of Wildlife, may 
     promulgate regulations designating zones where and 
     establishing periods when no hunting or trapping shall be 
     permitted in the Conservation Area for reasons of--
       (i) public safety;
       (ii) administration; or
       (iii) public use and enjoyment.
       (6) Grazing.--The Secretary shall issue and administer any 
     grazing leases or permits in the Conservation Area in 
     accordance with the same laws (including regulations) and 
     executive orders followed by the Secretary in issuing and 
     administering grazing leases and permits on other land under 
     the jurisdiction of the Bureau of Land Management.
       (e) Management Plan.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-range protection and 
     management of the Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (ii) other applicable law, including this Act;
       (B) incorporate, as appropriate, decisions contained in any 
     other management or activity plan for the land within or 
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in 
     studies of the land within or adjacent to the Conservation 
     Area; and
       (D) give appropriate consideration to the historical 
     involvement of the local community in the interpretation and 
     protection of the resources of the Conservation Area.
       (f) No Buffer Zones.--
       (1) In general.--There shall be no protective perimeter or 
     buffer zone around the Conservation Area.
       (2) Activities outside conservation area.--The fact that an 
     activity on land or a use of land in the Conservation Area is 
     not permitted inside the Conservation Area shall not preclude 
     the activity on land or use of land outside the boundary of 
     the Conservation Area (or, in the Conservation Area, on land 
     that is privately held), consistent with other applicable 
     law.
       (g) Acquisition of Land.--
       (1) In general.--The Secretary may acquire non-federally 
     owned land in the Conservation Area only--
       (A) from a willing seller; and
       (B) through purchase, exchange, or donation.
       (2) Modification of boundary.--On acquisition of land under 
     paragraph (1), the Secretary shall modify the boundary of the 
     Conservation Area to include the acquired land.
       (3) Management.--Land acquired under paragraph (1) shall be 
     managed as part of the Conservation Area in accordance with 
     this Act.
       (h) Interpretive Sites.--The Secretary may establish sites 
     in the Conservation Area to interpret the historical, 
     cultural, scientific, archaeological, natural, and 
     educational resources of the Conservation Area.
       (i) Water Rights.--Nothing in this Act constitutes an 
     express or implied reservation of any water right.
       (j) Wilderness Acts.--Nothing in this Act alters any 
     provision of the Wilderness Act (16 U.S.C. 1131 et seq.) or 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.) that applies to wilderness resources within the 
     Conservation Area.
       (k) National Park Service Lands.--Nothing in this Act 
     affects the management of land that is within the 
     Conservation Area and under the jurisdiction of the National 
     Park Service.

     SEC. 5. ADVISORY COUNCIL.

       (a) Establishment.--The Secretary shall establish an 
     advisory council to be known as the ``Canyons of the Ancients 
     National Conservation Area Advisory Council''.
       (b) Duty.--The Council shall advise the Secretary with 
     respect to preparation and implementation of the management 
     plan.
       (c) Applicable Law.--The Council shall be subject to--
       (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       (d) Members.--The Council shall consist of 15 members, to 
     be appointed by the Secretary, as follows:
       (1) A member of or nominated by the Dolores County 
     Commission.
       (2) A member of or nominated by the Montezuma County 
     Commission.
       (3) 13 members residing in, or within reasonable proximity 
     to, southwestern Colorado with recognized backgrounds 
     reflecting--
       (A) the purposes for which the Conservation Area was 
     established; and
       (B) the interests of the stakeholders that are affected by 
     the planning and management of the Conservation Area.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

                                                 General Assembly,


                                    State of Colorado, Denver,

                                                 January 10, 2000.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate,
     Washingon, DC.
       Dear Senator Campbell: We are writing in support of your 
     efforts to introduce National Conservation Area legislation 
     to address the future of the BLM Anasazi ACEC in Southwest 
     Colorado. Our support is predicated on legislation that 
     addresses the concerns and recommendations outlined in the 
     Working Group Report that was issued by the local ACEC 
     Subcommittee and transmitted by the Southwestern RAC in 
     August of 1999.
       We are in agreement with the Montezuma County Commission 
     that the Working Group Report provides the local consensus 
     upon which to develop a legislative framework that addresses 
     the protection of archaeological resources in a manner that 
     protects critical multiple uses on BLM land, respects 
     adjacent private property rights, and insures future 
     opportunities for meaningful local involvement. The prospects 
     for a constructive

[[Page S333]]

     and locally acceptable outcome through an open legislative 
     process are far superior to a unilateral National Monument 
     designation, which would be totally unacceptable to the local 
     community.
       We offer our assistance to you and the coalition that is 
     emerging in support of a responsible and locally acceptable 
     legislative resolution concerning the future of the ACEC in 
     Southwest Colorado.
           Sincerely,
     Mark Larson,
       State Representative.
     Kay Alexander,
       State Representative.
     Jim Dyer,
       State Senator.
                                  ____

                                                 Montezuma County,


                                Board of County Commissioners,

                                    Cortez, CO, December 13, 1999.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate,
     Washington, DC.
       Dear Senator Campbell: We are writing to ask for your 
     leadership in the drafting of National Conservation Area 
     Legislation for the BLM Anasazi ACEC, most of which lies in 
     Western Montezuma County. We ask that the NCA legislation be 
     drafted in keeping with the summary report drafted by the 
     ACEC Working Group.
       After carefully considering the public input reflected in 
     the Working Group Report, we have spent several months 
     exploring our options. We have concluded that NCA Legislation 
     is the only way to avoid a unilateral National Monument 
     designation which would be totally unacceptable.
       We are prepared to work with you and the Department of 
     Interior in any way necessary to support the development and 
     adoption of NCA legislation that is in keeping with the goals 
     and concerns outlined in the Working Group Report.
           Sincerely yours,
       G. Eugene Story.
       Glenn E. Wilson, Jr.
       J. Kent Lindsay.
                                  ____



                                         Colorado Farm Bureau,

                                    Denver, CO, December 27, 1999.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate,
     Washington, DC.
       Dear Senator Campbell: Colorado Farm Bureau, the state's 
     largest farming and ranching organization, opposes the 
     designation of the Anasazi Cultural Area of Critical 
     Environmental Concern (ACEC) as a national monument. As an 
     alternative, we encourage you to introduce legislation that 
     would designate the Anasazi Area of Critical Environmental 
     Concern as a National Conservation Area. After reviewing many 
     options with our members, we feel that legislation to 
     designate the area as a National Conservation Area would be 
     in the best interests of farmers and ranchers in southwest 
     Colorado.
       Farm Bureau policy supports local communities, counties, 
     landowners and cities must be allowed input into any 
     designation of national monuments, national parks or 
     conservation use areas as these designations change the 
     current multiple use of public lands and adversely effect 
     adjacent private property rights.
       It is our understanding that a National Conservation Area 
     designation would allow continued multiple use on these 
     lands, a Farm Bureau priority. There would also be increased 
     funding to the Bureau of Land Management to protect 
     significant archaeological sites and develop a management 
     plan. A designation would also allow for more local input and 
     avoid a National Monument designation by the administration, 
     which Farm Bureau is opposed to.
       Colorado Farm Bureau would like to thank you for your 
     continued support of multiple uses on public lands and offers 
     any assistance in developing legislation. If you have any 
     further questions, please contact Bob Frankmore, Director, 
     National Affairs, (303) 749-7508.
           Sincerely,
                                                  Ray Christensen,
     Executive Vice-President.
                                  ____

         CLUB 20, ``Voice of the Western Slope, Since 1953,''
                             Grand Junction, CO, January 17, 2000.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate,
     Washington, DC.
       Dear Senator Campbell: On behalf of the Board of Directors 
     of CLUB 20, I would like to convey our support of legislation 
     designating a National Conservation Area which will encompass 
     the Anasazi ACEC. CLUB 20 has been following the efforts of 
     Montezuma County and the BLM RAC group throughout their study 
     process. Designation of the area to be protected needs to be 
     done by legislation, not administrative directives!
       CLUB 20 will make every effort to support you and our 
     Montezuma County membership in attaining a legislative 
     solution to the needs of the resource to be protected.
       On February 8, 2000, our Natural Resources and Public Lands 
     Committee will be meeting to review issues and recommend 
     resolutions to our Board of Directors. If you feel it 
     beneficial, I will recommend they take action on a definitive 
     resolution that supports the National Conservation Area 
     legislation.
       Please keep us posted and let me know how we can help your 
     effort. Thanks for your continued hard work on West Slope 
     issues!
           Sincerely,
                                                      Stan Broome,
     President.
                                  ____

         Colorado Environmental Coalition--Sierra Club--The 
           Wilderness Society,
                                                December 26, 1999.
     Hon. Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: We are writing concerning the 
     management of the Anasazi Area of Critical Environmental 
     Concern (ACEC) in Southwest Colorado. As you know, Secretary 
     Babbitt convened a working group of local interested parties 
     to gather and compile public input on how the area should be 
     managed so as to protect its plethora of archaeological sites 
     and natural values. The ACEC contains not only the highest 
     concentration of ancient Puebloan sites anywhere in the 
     nation, but pristine wilderness values as well. We have long 
     advocated for the designation of the Cross, Cahone, and 
     Squaw/Papoose Wilderness Study Area (WSA) in the ACEC as 
     wilderness, as the most effective way to protect these unique 
     resources.
       There are several options for protecting the area's 
     resources that would provide real protection for sensitive 
     sites, and maintain the region's traditional character. 
     First, the Montezuma County Commission has proposed a draft 
     budget for BLM management of the ACEC that significantly 
     increases the funding for research, site preservation, NEPA 
     analysis, and law enforcement. We think that this budget is a 
     good starting point for discussions on how to adequately fund 
     needed management by the BLM.
       In addition, two protective designations for the area have 
     been discussed: National Monument and National Conservation 
     Area. We believe either of these could provide the needed 
     management for the area if they provide strong protection for 
     archaeological sites from impacts of motorized recreation and 
     oil and gas development. However, in deference to local 
     concerns about increased impacts of tourism with a National 
     Monument, our preference is for the delegation to work 
     together on legislation establishing a National Conservation 
     Area, including the designation of the above-mentioned WSA's 
     as wilderness. We believe this represents the best middle 
     ground mechanism for protecting the area's archaeological 
     resources while also maintaining its rural character.
       Wilderness designation for Cross, Cahone, and Squaw/Papoose 
     Canyons would give the best protection to their 
     archaeological sites, while allowing the continuance of 
     traditional activities such as the grazing leases currently 
     in effect. There would be little effect on oil and gas 
     development in the area, since there has been no activity in 
     the canyons, and any future development of existing leases 
     could be accommodated with directional drilling from outside 
     the wilderness boundaries.
       Finally, we support Montezuma County's notion of funding 
     part of BLM's management activities for the area through 
     royalties from oil and gas production. Since oil and gas 
     development represents some of the greatest impacts in the 
     area, it stands to reason that some of the royalty funds 
     should remain in the area and provide for its protection.
       We urge you to consider these various approaches--
     increasing funding for management of the area, and 
     designating a National Conservation Area, with wilderness 
     status for the most pristine parts of the ACEC--as a workable 
     solution that addresses local concerns as well as critical 
     protection needs. We look forward to working with you on 
     legislation to address all of these needs.
           Sincerely,
     Jeff Widen,
       Colorado Environmental Coalition.
     Mark Pearson,
       Sierra Club.
     Suzanne Jones,
       The Wilderness Society.
                                 ______