[Congressional Record (Bound Edition), Volume 145 (1999), Part 11]
[Senate]
[Pages 15336-15338]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  The Senate proceeded to consider the bill (S. 323) to redesignate the 
Black

[[Page 15337]]

Canyon of the Gunnison National Monument as a national park and 
establish the Gunnison Gorge National Conservation Area, 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:

     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 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, for a 
     period equal to the lifetime of the holder of the grazing 
     permit or lease as of the date of enactment of this Act.

     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,

[[Page 15338]]

     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--
       (1) 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; or
       (2) to the extent the use is practicable under a management 
     plan prepared under 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.
       (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.
  The committee amendment was agreed to.
  The bill (S. 323), as amended, was considered; read the third time 
and passed.

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