[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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