[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Pages H2678-H2680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1710
CHIMNEY ROCK NATIONAL MONUMENT ESTABLISHMENT ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2621) to establish the Chimney Rock National Monument in
the State of Colorado, and for other purposes, as amended.
[[Page H2679]]
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2621
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 ``Chimney Rock National
Monument Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) National monument.--The term ``national monument''
means the Chimney Rock National Monument established by
section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of Colorado.
SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.
(a) Establishment.--There is established in the State the
Chimney Rock National Monument--
(1) to preserve, protect, and restore the archeological,
cultural, historic, geologic, hydrologic, natural,
educational, and scenic resources of Chimney Rock and
adjacent land; and
(2) to provide for public interpretation and recreation
consistent with the protection of the resources described in
paragraph (1).
(b) Boundaries.--
(1) In general.--The national monument shall consist of
approximately 4,726 acres of land and interests in land, as
generally depicted on the map entitled ``Boundary Map,
Chimney Rock National Monument'' and dated January 5, 2010.
(2) Minor adjustments.--The Secretary may make minor
adjustments to the boundary of the national monument to
reflect the inclusion of significant archeological resources
discovered after the date of the enactment of this Act on
adjacent National Forest System land.
(3) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall--
(1) administer the national monument--
(A) in furtherance of the purposes for which the national
monument was established; and
(B) in accordance with--
(i) this Act; and
(ii) any laws generally applicable to the National Forest
System; and
(2) allow only such uses of the national monument that the
Secretary determines would further the purposes described in
section 3(a).
(b) Tribal Uses.--
(1) In general.--The Secretary shall administer the
national monument in accordance with--
(A) the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.); and
(B) the policy described in Public Law 95 341 (commonly
known as the ``American Indian Religious Freedom Act'') (42
U.S.C. 1996).
(2) Traditional uses.--Subject to any terms and conditions
the Secretary determines to be necessary and in accordance
with applicable law, the Secretary shall allow for the
continued use of the national monument by members of Indian
tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(c) Vegetation Management.--The Secretary may carry out
vegetation management treatments within the national
monument, except that the harvesting of timber shall only be
used if the Secretary determines that the harvesting is
necessary for--
(1) ecosystem restoration in furtherance of section 3(a);
or
(2) the control of fire, insects, or diseases.
(d) Motor Vehicles and Mountain Bikes.--The use of motor
vehicles and mountain bikes in the national monument shall be
limited to the roads and trails identified by the Secretary
as appropriate for the use of motor vehicles and mountain
bikes.
(e) Grazing.--The Secretary shall permit grazing within the
national monument, where established before the date of the
enactment of this Act--
(1) subject to all applicable laws (including regulations);
and
(2) consistent with the purposes described in section 3(a).
(f) Utility Right-of-Way Upgrades.--Nothing in this Act
precludes the Secretary from renewing or authorizing the
upgrading of a utility right-of-way in existence as of the
date of the enactment of this Act through the national
monument--
(1) in accordance with--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) any other applicable law; and
(2) subject to such terms and conditions as the Secretary
determines to be appropriate.
(g) Volunteers.--The Secretary shall allow for the
continued access and work of volunteers at the national
monument.
(h) Research.--Scientific research, including archeological
research, educational, and interpretive uses shall be
permitted within the Monument.
(i) Other Administrative Costs.--Any signs, fixtures,
alterations, or additions needed in connection with the
designation or advertisement of the Monument shall be paid
for only with non-Federal funds or amounts made available for
such purposes in prior Acts of appropriation.
(j) Designation of Manager.--As soon as practicable after
the management plan is developed under section 5(a), the
Secretary shall designate an employee of the Department of
Agriculture whose duties shall include acting as the point of
contact for the management of the national monument.
(k) Other Recreational Uses.--The Secretary shall allow
continued use of the national monument for hunting, fishing,
and other recreational uses authorized on the date of the
enactment of this Act, except that the Secretary may
implement temporary emergency closures or restrictions of the
smallest practicable area to provide for public safety,
resource conservation, or other purposes authorized by law.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Secretary, in consultation
with Indian tribes with a cultural or historic tie to Chimney
Rock, shall develop a management plan for the national
monument.
(b) Public Comment.--In developing the management plan, the
Secretary shall provide an opportunity for public comment
by--
(1) State and local governments;
(2) tribal governments; and
(3) any other interested organizations and individuals.
SEC. 6. LAND ACQUISITION.
The Secretary may acquire land and any interest in land
within or adjacent to the boundary of the national monument
by--
(1) purchase from willing sellers with donated or
appropriated funds;
(2) donation; or
(3) exchange.
SEC. 7. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, all
Federal land within the national monument (including any land
or interest in land acquired after the date of the enactment
of this Act) is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) subject to subsection (b), operation of the mineral
leasing, mineral materials, and geothermal leasing laws.
(b) Limitation.--Notwithstanding subsection (a)(3), the
Federal land is not withdrawn for the purposes of issuance of
gas pipeline rights-of-way within easements in existence as
of the date of the enactment of this Act.
SEC. 8. EFFECT.
(a) Water Rights.--
(1) In general.--Nothing in this Act affects any valid
water rights, including water rights held by the United
States.
(2) Reserved water right.--The designation of the national
monument does not create a Federal reserved water right.
(b) Tribal Rights.--Nothing in this Act affects--
(1) the rights of any Indian tribe on Indian land;
(2) any individually held trust land or Indian allotment;
or
(3) any treaty rights providing for nonexclusive access to
or within the national monument by members of Indian tribes
for traditional and cultural purposes.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to the management of
fish and wildlife on public land in the State.
(d) Adjacent Uses.--Nothing in this Act--
(1) creates a protective perimeter or buffer zone around
the national monument; or
(2) affects private property outside of the boundary of the
national monument.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from New Mexico (Mr. Heinrich) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. With that, Mr. Speaker, I would like to yield
such time as he may consume to the sponsor of this bill, the gentleman
from Colorado (Mr. Tipton), who has done such great work to move this
potential issue forward.
Mr. TIPTON. I thank the gentleman for yielding.
Mr. Speaker, this past weekend I had the opportunity to be in a truly
remarkable part of the United States in southwestern Colorado, an area
called Chimney Rock, which is an area renowned for its cultural
heritage and its important archeological traits.
Chimney Rock is considered by the historic preservation community and
the archeological community to be one of the most significant
archeological sites in the western United States. Centuries ago,
hundreds of early Native Americans called the area home. Archeologists
have uncovered ancient farming areas, homes, and other structures,
indicating that this was a major cultural center for these early
Americans. The ancestors of modern Pueblo
[[Page H2680]]
Indians made a journey to this northernmost outpost of the Chacoan
civilization to witness a rare lunar occurrence that they held to be
sacred. Chimney Rock is only one of three sites like this in the entire
world.
Despite the scarcity of this gem, the Chimney Rock site of the San
Juan National Forest has yet to receive a designation worthy of its
historical and cultural significance. The area is currently under the
management of the U.S. Forest Service and is covered under the USFS
Organic Act, which has no provision to be able to address preservation
and the management of such a historic and culturally significant area
as Chimney Rock.
H.R. 2621, the Chimney Rock National Monument Establishment Act,
requires no additional Federal funds, and therefore no increase in
spending. It ensures continued access to the area so that local
ranchers will be able to utilize the lands that they depend on for
grazing, for outdoorsmen to be able to continue to take advantage of
the game opportunities in the area, and for members of the Indian
tribes to be able to continue the use of Chimney Rock for traditional
ceremonies. The bill also allows for continued archeological research
and exploration in the area.
In addition to preserving and protecting the site's historical and
cultural treasures, the national monument designation will give Chimney
Rock the prestige and protection it deserves and elevate it to a status
that will increase its exposure to the region and enable it to generate
tourism, creating a potential economic boost for the surrounding
communities and generating jobs. Without any new spending, making
Chimney Rock a national monument will create a win-win situation for
this remarkable place, for the local communities, the State of
Colorado, Native Indian tribes, and future generations of American.
Mr. Speaker, it's my pleasure to able to sponsor H.R. 2621.
Mr. HEINRICH. I yield myself such time as I may consume.
(Mr. HEINRICH asked and was given permission to revise and extend his
remarks.)
Mr. HEINRICH. I want to applaud the majority for bringing this strong
conservation legislation to the House floor today to designate a
national monument in Congressman Tipton's district. There are a number
of bills like Congressman Tipton's waiting for action that would either
designate a new national monument or provide designation of a new
wilderness area. This includes a bill that I have sponsored to include
new areas in the existing Manzano Mountains Wilderness.
Congratulations to Congressman Tipton for his success in advancing
local conservation efforts. I hope that this is the beginning of
consideration of similar bills pending before the committee so that we
can advance our conservation goals across the Nation.
I yield back the balance of my time.
Mr. BISHOP of Utah. In closing, may I just say that I want to commend
the gentleman from Colorado (Mr. Tipton) for taking the time and the
effort to put forth a well thought-out and locally supported piece of
legislation that designates an area of special significance in the
district that he happens to represent. This legislation is an example
of the way this type of designation should be done, as opposed to by
administrative fiat under things like the Antiquities Act.
I urge the adoption of this measure, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 2621, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HEINRICH. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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