[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Pages S9613-S9614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       BLACK CANYON OF THE GUNNISON BOUNDARY REVISION ACT OF 2003

  The Senate proceeded to consider the bill (S. 677) to revise the 
boundary of the Black Canyon of the Gunnison National Park and Gunnison 
Gorge National Conservation Area in the State of Colorado, and for 
other purposes, which had been reported from the Committee on Energy 
and Natural Resources with an amendment to strike all after the 
enacting clause and inserting in lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

[[Page S9614]]

                                 S. 677

       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 Boundary Revision Act of 2003''.

     [SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY 
                   REVISION.

       [(a) Establishment.--Section 4(a) of the Black Canyon of 
     the Gunnison National Park and Gunnison Gorge National 
     Conservation Area Act of 1999 (16 U.S.C. 410fff-2(a)) is 
     amended--
       [(1) by striking ``There is hereby established'' and 
     inserting the following:
       [``(1) In general.--There is established''; and
       [(2) by adding at the end the following:
       [``(2) Boundary revision.--The boundary of the Park is 
     revised to include the addition of not more than 2,725 acres, 
     as depicted on the map entitled `Black Canyon of the Gunnison 
     National Park and Gunnison Gorge NCA Boundary Modifications' 
     and dated January 21, 2003.''.
       [(b) Administration.--Section 4(b) of the Black Canyon of 
     the Gunnison National Park and Gunnison Gorge National 
     Conservation Area Act of 1999 (16 U.S.C. 410fff-2(b)) is 
     amended--
       [(1) by striking ``Upon'' and inserting the following:
       [``(1) Land transfer.--
       [``(A) In general.--On''; and
       [(2) by striking ``The Secretary shall'' and inserting the 
     following:
       [``(B) Additional land.--On the date of enactment of the 
     Black Canyon of the Gunnison National Park and Gunnison Gorge 
     National Conservation Area Boundary Revision Act of 2003, the 
     Secretary shall transfer the land under the jurisdiction of 
     the Bureau of Land Management identified as `Tract C' on the 
     map described in subsection (a)(2) to the administrative 
     jurisdiction of the National Park Service for inclusion in 
     the Park.
       [``(2) Authority.--The Secretary shall''.

     [SEC. 3. GRAZING PRIVILEGES AT BLACK CANYON OF THE GUNNISON 
                   NATIONAL PARK.

       [Section 4(e) of the Black Canyon of the Gunnison National 
     Park and Gunnison Gorge National Conservation Area Act of 
     1999 (16 U.S.C. 410fff-2(e)) is amended--
       [(1) in paragraph (1)--
       [(A) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       [(B) by inserting after subparagraph (A) the following:
       [``(B) Transfer.--If land authorized for grazing under 
     subparagraph (A) is exchanged for private land under this 
     Act, the Secretary shall transfer any grazing privileges to 
     the private land acquired in the exchange in accordance with 
     this section.''; and
       [(2) in paragraph (3)--
       [(A) in subparagraph (A), by striking ``and'' at the end;
       [(B) by redesignating subparagraph (B) as subparagraph (D);
       [(C) by inserting after subparagraph (A) the following:
       [``(B) with respect to the permit or lease issued to 
     LeValley Ranch Ltd., a partnership, for the lifetime of the 2 
     limited partners as of October 21, 1999;
       [``(C) with respect to the permit or lease issued to 
     Sanburg Herefords, L.L.P., a partnership, for the lifetime of 
     the 2 general partners as of October 21, 1999; and''; and
       [(D) in subparagraph (D) (as redesignated by subparagraph 
     (B))--
       [(i) by striking ``partnership, corporation, or'' in each 
     place it appears and inserting ``corporation or''; and
       [(ii) by striking ``subparagraph (A)'' and inserting 
     ``subparagraphs (A), (B), or (C)''.

     [SEC. 4. ACQUISITION OF LAND.

       [(a) Authority To Acquire Land.--Section 5(a)(1) of the 
     Black Canyon of the Gunnison National Park and Gunnison Gorge 
     National Conservation Area Act of 1999 (16 U.S.C. 410fff-
     3(a)(1)) is amended by inserting ``or the map described in 
     section 4(a)(2)'' after ``the Map''.
       [(b) Method of Acquisition.--
       [(1) In general.--Land or interest in land acquired under 
     the amendments made by this Act shall be made in accordance 
     with section 5(a)(2)(A) of the Black Canyon of the Gunnison 
     National Park and Gunnison Gorge National Conservation Area 
     Act of 1999 (16 U.S.C. 410fff-3(a)(2)(A)).
       [(2) Consent.--No land or interest in land may be acquired 
     without the consent of the landowner.

     [SEC. 5. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY 
                   REVISION.

       [Section 7(a) of the Black Canyon of the Gunnison National 
     Park and Gunnison Gorge National Conservation Area Act of 
     1999 (16 U.S.C. 410fff-5(a)) is amended--
       [(1) by striking ``(a) In General.--There is established'' 
     and inserting the following:
       [``(a) Establishment.--
       [``(1) In general.--There is established''; and
       [(2) by adding at the end the following:
       [``(2) Boundary revision.--The boundary of the Conservation 
     Area is revised to include the addition of not more than 
     7,100 acres, as depicted on the map entitled `Black Canyon of 
     the Gunnison National Park and Gunnison Gorge NCA Boundary 
     Modifications' and dated January 21, 2003.''.

     [SEC. 6. ACCESS TO WATER DELIVERY FACILITIES.

       [The Commissioner of Reclamation shall retain 
     administrative jurisdiction over, and access to, land, 
     facilities, and roads of the Bureau of Reclamation in the 
     East Portal area and the Crystal Dam area, as depicted on the 
     map identified in section 4(a)(2) of the Black Canyon of the 
     Gunnison National Park and Gunnison Gorge National 
     Conservation Area Act of 1999 (as added by section 2(a)(2)) 
     for the maintenance, repair, construction, replacement, and 
     operation of any facilities relating to the delivery of water 
     under the jurisdiction of the Bureau to users of the water 
     (as of the date of enactment of this Act).]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Black Canyon of the Gunnison 
     Boundary Revision Act of 2003''.

     SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY 
                   REVISION.

       (a) Boundary Revision.--Section 4(a) of the Black Canyon of 
     the Gunnison National Park and Gunnison Gorge National 
     Conservation Area Act of 1999 (16 U.S.C. 410fff-2(a)) is 
     amended--
       (1) by striking ``There'' and inserting ``(1) There''; and
       (2) by adding at the end the following:
       ``(2) The boundary of the Park is revised to include the 
     addition of approximately 2,530 acres, as generally depicted 
     on the map entitled `Black Canyon of the Gunnison National 
     Park and Gunnison Gorge NCA Boundary Modifications' and dated 
     April 2, 2003.''.
       (b) Transfer of Administrative Jurisdiction.--On the date 
     of enactment of this Act, the Secretary shall transfer the 
     land under the jurisdiction of the Bureau of Land Management 
     identified as ``Tract C'' on the map described in subsection 
     (a)(2) to the administrative jurisdiction of the National 
     Park Service for inclusion in the Black Canyon of the 
     Gunnison National Park.
       (c) Conforming Amendment.--Section 5(a)(1) of the Black 
     Canyon of the Gunnison National Park and Gunnison Gorge 
     National Conservation Area Act of 1999 (16 U.S.C. 410fff-
     3(a)(1)) is amended by striking ``Map'' and inserting ``Map 
     or the map described in section 4(a)(2)''.

     SEC. 3. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY 
                   REVISION.

       Section 7(a) of the Black Canyon of the Gunnison National 
     Park and Gunnison Gorge National Conservation Area Act of 
     1999 (16 U.S.C. 410fff-5(a)) is amended--
       (1) by striking ``There'' and inserting ``(1) There''; and
       (2) by adding at the end the following:
       ``(2) The boundary of the Conservation Area is revised to 
     include the addition of approximately 7,100 acres, as 
     generally depicted on the map entitled `Black Canyon of the 
     Gunnison National Park and Gunnison Gorge NCA Boundary 
     Modifications', and dated April 2, 2003.''.

     SEC. 4. GRAZING PRIVILEGES.

       (a) Transfer of Privileges.--Section 4(e)(1) of the Black 
     Canyon of the Gunnison National Park and Gunnison Gorge 
     National Area Act of 1999 (16 U.S.C. 410fff-2(e)(1)) is 
     amended by adding at the end the following:
       ``(D) If land within the Park on which the grazing of 
     livestock is authorized under permits or leases under 
     subparagraph (A) is exchanged for private land under section 
     5(a), the Secretary shall transfer any grazing privileges to 
     the land acquired in the exchange.''.
       (b) Privileges of Certain Partnerships.--Section 4(e)(3) of 
     the Black Canyon of the Gunnison National Park and Gunnison 
     Gorge National Area Act of 1999 (16 U.S.C. 410fff-2(e)(3)) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (D);
       (3) by inserting after subparagraph (A) the following:
       ``(B) with respect to the permit or lease issued to 
     LeValley Ranch Ltd., for the lifetime of the last surviving 
     limited partner as of October 21, 1999;
       ``(C) with respect to the permit or lease issued to Sanburg 
     Herefords, L.L.P., for the lifetime of the last surviving 
     general partner as of October 21, 1999; and''; and
       (4) in subparagraph (D) (as redesignated by paragraph 
     (2))--
       (A) by striking ``partnership, corporation, or'' each place 
     it appears and inserting ``corporation or''; and
       (B) by striking ``subparagraph (A)'' and inserting 
     ``subparagraphs (A), (B), or (C)''.

     SEC. 5. ACCESS TO WATER DELIVERY FACILITIES.

       The Commissioner of Reclamation shall retain administrative 
     jurisdiction over the Crystal Dam Access Road and land, 
     facilities, and roads of the Bureau of Reclamation in the 
     East Portal area,including the Gunnison Tunnel, and the 
     Crystal Dam area, as depicted on the map entitled ``Black 
     Canyon of the Gunnison National Park and Gunnison Gorge NCA 
     Boundary Modifications'', and dated April 2, 2003, for the 
     maintenance, repair, construction, replacement, and operation 
     of any facilities relating to the delivery of water and power 
     under the jurisdiction of the Bureau of Reclamation.
  The committee amendment, in the nature of a substitute, was agreed 
to.
  The bill (S. 677), as amended, was read the third time and passed.




                          ____________________