[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[House]
[Pages 16138-16144]
[From the U.S. Government Publishing Office, www.gpo.gov]



  COLORADO CANYONS NATIONAL CONSERVATION AREA AND BLACK RIDGE CANYONS 
                         WILDERNESS ACT OF 2000

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4275) to establish the Colorado Canyons National 
Conservation Area and the Black Ridge Canyons Wilderness, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 4275

       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 ``Colorado Canyons National 
     Conservation Area and Black Ridge Canyons Wilderness Act of 
     2000''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that certain areas located in 
     the Grand Valley in Mesa County, Colorado, and Grand County, 
     Utah, should be protected and enhanced for the benefit and 
     enjoyment of present and future generations. These areas 
     include the following:
       (1) The areas making up the Black Ridge and Ruby Canyons of 
     the Grand Valley and Rabbit Valley, which contain unique and 
     valuable scenic, recreational, multiple use opportunities 
     (including grazing), paleontological, natural, and wildlife 
     components enhanced by the rural western setting of the area, 
     provide extensive opportunities for recreational activities, 
     and are publicly used for hiking, camping, and grazing, and 
     are worthy of additional protection as a national 
     conservation area.
       (2) The Black Ridge Canyons Wilderness Study Area has 
     wilderness value and offers unique geological, 
     paleontological, scientific, and recreational resources.
       (b) Purpose.--The purpose of this Act is to conserve, 
     protect, and enhance for the benefit and enjoyment of present 
     and future generations the unique and nationally important 
     values of the public lands described in section 4(b), 
     including geological, cultural, paleontological, natural, 
     scientific, recreational, environmental, biological, 
     wilderness, wildlife education, and scenic resources of such 
     public lands, by establishing the Colorado Canyons National 
     Conservation Area and the Black Ridge Canyons Wilderness in 
     the State of Colorado and the State of Utah.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Colorado Canyons National Conservation Area 
     established by section 4(a).
       (2) Council.--The term ``Council'' means the Colorado 
     Canyons National Conservation Area Advisory Council 
     established under section 8.
       (3) Management plan.--The term ``management plan'' means 
     the management plan developed for the Conservation Area under 
     section 6(h).
       (4) Map.--The term ``Map'' means the map entitled 
     ``Proposed Colorado Canyons National Conservation Area and 
     Black Ridge Canyons Wilderness Area'' and dated July 18, 
     2000.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       (6) Wilderness.--The term ``Wilderness'' means the Black 
     Ridge Canyons Wilderness so designated in section 5.

     SEC. 4. COLORADO CANYONS NATIONAL CONSERVATION AREA.

       (a) In General.--There is established the Colorado Canyons 
     National Conservation Area in the State of Colorado and the 
     State of Utah.
       (b) Areas Included.--The Conservation Area shall consist of 
     approximately 122,300 acres of public land as generally 
     depicted on the Map.

     SEC. 5. BLACK RIDGE CANYONS WILDERNESS DESIGNATION.

       Certain lands in Mesa County, Colorado, and Grand County, 
     Utah, which comprise approximately 75,550 acres as generally 
     depicted on the Map, are hereby designated as wilderness and 
     therefore as a component of the National Wilderness 
     Preservation System. Such component shall be known as the 
     Black Ridge Canyons Wilderness.

     SEC. 6. MANAGEMENT.

       (a) Conservation Area.--The Secretary shall manage the 
     Conservation Area in a manner that--
       (1) conserves, protects, and enhances the resources of the 
     Conservation Area specified in section 2(b); and
       (2) is in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) other applicable law, including this Act.
       (b) 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.
       (c) Withdrawals.--Subject to valid existing rights, all 
     Federal land within the Conservation Area and the Wilderness 
     and all

[[Page 16139]]

     land and interests in land acquired for the Conservation Area 
     or the Wilderness by the United States are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) the operation of the mineral leasing, mineral 
     materials, and geothermal leasing laws, and all amendments 
     thereto.
     Nothing in this subsection shall be construed to affect 
     discretionary authority of the Secretary under other Federal 
     laws to grant, issue, or renew rights-of-way or other land 
     use authorizations consistent with the other provisions of 
     this Act.
       (d) Off-Highway Vehicle Use.--
       (1) In general.--Except as provided in paragraph (2), use 
     of motorized vehicles in the Conservation Area--
       (A) before the effective date of a management plan under 
     subsection (h), shall be allowed only on roads and trails 
     designated for use of motor vehicles in the management plan 
     that applies on the date of the enactment of this Act to the 
     public lands in the Conservation Area; and
       (B) after the effective date of a management plan under 
     subsection (h), shall be allowed only on roads and trails 
     designated for use of motor vehicles in that management plan.
       (2) Administrative and emergency response use.--Paragraph 
     (1) shall not limit the use of motor vehicles in the 
     Conservation Area as needed for administrative purposes or to 
     respond to an emergency.
       (e) Wilderness.--Subject to valid existing rights, lands 
     designated as wilderness by this Act shall be managed by the 
     Secretary, as appropriate, in accordance with the Wilderness 
     Act (16 U.S.C. 1131 et seq.) and this Act, except that, with 
     respect to any wilderness areas designated by this Act, any 
     reference in the Wilderness Act to the effective date of the 
     Wilderness Act shall be deemed to be a reference to the date 
     of the enactment of this Act.
       (f) Hunting, Trapping, and Fishing.--
       (1) In general.--Hunting, trapping, and fishing shall be 
     allowed within the Conservation Area and the Wilderness in 
     accordance with applicable laws and regulations of the United 
     States and the States of Colorado and Utah.
       (2) Area and time closures.--The head of the Colorado 
     Division of Wildlife (in reference to land within the State 
     of Colorado), the head of the Utah Division of Wildlife (in 
     reference to land within the State of Utah), or the Secretary 
     after consultation with the Colorado Division of Wildlife (in 
     reference to land within the State of Colorado) or the head 
     of the Utah Division of Wildlife (in reference to land within 
     the State of Utah), may issue regulations designating zones 
     where, and establishing limited periods when, hunting, 
     trapping, or fishing shall be prohibited in the Conservation 
     Area or the Wilderness for reasons of public safety, 
     administration, or public use and enjoyment.
       (g) Grazing.--
       (1) In general.--Except as provided by paragraph (2), the 
     Secretary shall issue and administer any grazing leases or 
     permits in the Conservation Area and the Wilderness 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.
       (2) Grazing in wilderness.--Grazing of livestock in the 
     Wilderness shall be administered in accordance with the 
     provisions of section 4(d)(4) of the Wilderness Act (16 
     U.S.C. 1133(d)(4)), in accordance with the guidelines set 
     forth in Appendix A of House Report 101-405 of the 101st 
     Congress.
       (h) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary shall develop a 
     comprehensive management plan for the long-range protection 
     and management of the Conservation Area and the Wilderness 
     and the lands described in paragraph (2)(E).
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area and the Wilderness;
       (B) take into consideration any information developed in 
     studies of the land within the Conservation Area or the 
     Wilderness;
       (C) provide for the continued management of the utility 
     corridor, Black Ridge Communications Site, and the Federal 
     Aviation Administration site as such for the land designated 
     on the Map as utility corridor, Black Ridge Communications 
     Site, and the Federal Aviation Administration site;
       (D) take into consideration the historical involvement of 
     the local community in the interpretation and protection of 
     the resources of the Conservation Area and the Wilderness, as 
     well as the Ruby Canyon/Black Ridge Integrated Resource 
     Management Plan, dated March 1998, which was the result of 
     collaborative efforts on the part of the Bureau of Land 
     Management and the local community; and
       (E) include all public lands between the boundary of the 
     Conservation Area and the edge of the Colorado River and, on 
     such lands, the Secretary shall allow only such recreational 
     or other uses as are consistent with this Act.
       (i) No Buffer Zones.--The Congress does not intend for the 
     establishment of the Conservation Area or the Wilderness to 
     lead to the creation of protective perimeters or buffer zones 
     around the Conservation Area or the Wilderness. The fact that 
     there may be activities or uses on lands outside the 
     Conservation Area or the Wilderness that would not be allowed 
     in the Conservation Area or the Wilderness shall not preclude 
     such activities or uses on such lands up to the boundary of 
     the Conservation Area or the Wilderness consistent with other 
     applicable laws.
       (j) Acquisition of Land.--
       (1) In general.--The Secretary may acquire non-federally 
     owned land within the exterior boundaries of the Conservation 
     Area or the Wilderness only through purchase from a willing 
     seller, exchange, or donation.
       (2) Management.--Land acquired under paragraph (1) shall be 
     managed as part of the Conservation Area or the Wilderness, 
     as the case may be, in accordance with this Act.
       (k) Interpretive Facilities or Sites.--The Secretary may 
     establish minimal interpretive facilities or sites in 
     cooperation with other public or private entities as the 
     Secretary considers appropriate. Any facilities or sites 
     shall be designed to protect the resources referred to in 
     section 2(b).
       (l) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the lands designated as wilderness by this Act are 
     located at the headwaters of the streams and rivers on those 
     lands, with few, if any, actual or proposed water resource 
     facilities located upstream from such lands and few, if any, 
     opportunities for diversion, storage, or other uses of water 
     occurring outside such lands that would adversely affect the 
     wilderness or other values of such lands;
       (B) the lands designated as wilderness by this Act 
     generally are not suitable for use for development of new 
     water resource facilities, or for the expansion of existing 
     facilities;
       (C) it is possible to provide for proper management and 
     protection of the wilderness and other values of such lands 
     in ways different from those utilized in other legislation 
     designating as wilderness lands not sharing the attributes of 
     the lands designated as wilderness by this Act.
       (2) Statutory construction.--
       (A) Nothing in this Act shall constitute or be construed to 
     constitute either an express or implied reservation of any 
     water or water rights with respect to the lands designated as 
     a national conservation area or as wilderness by this Act.
       (B) Nothing in this Act shall affect any conditional or 
     absolute water rights in the State of Colorado existing on 
     the date of enactment of this Act.
       (C) Nothing in this subsection shall be construed as 
     establishing a precedent with regard to any future national 
     conservation area or wilderness designations.
       (D) Nothing in this Act shall be construed as limiting, 
     altering, modifying, or amending any of the interstate 
     compacts or equitable apportionment decrees that apportion 
     water among and between the State of Colorado and other 
     States.
       (3) Colorado water law.--The Secretary shall follow the 
     procedural and substantive requirements of the law of the 
     State of Colorado in order to obtain and hold any new water 
     rights with respect to the Conservation Area and the 
     Wilderness.
       (4) New projects.--
       (A) As used in this paragraph, the term ``water resource 
     facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, and 
     transmission and other ancillary facilities, and other water 
     diversion, storage, and carriage structures. Such term does 
     not include any such facilities related to or used for the 
     purpose of livestock grazing.
       (B) Except as otherwise provided by section 6(g) or other 
     provisions of this Act, on and after the date of enactment of 
     this Act, neither the President nor any other officer, 
     employee, or agent of the United States shall fund, assist, 
     authorize, or issue a license or permit for the development 
     of any new water resource facility within the wilderness area 
     designated by this Act.
       (C) Except as provided in this paragraph, nothing in this 
     Act shall be construed to affect or limit the use, operation, 
     maintenance, repair, modification, or replacement of water 
     resource facilities in existence on the date of enactment of 
     this Act within the boundaries of the Wilderness.
       (5) Boundaries along colorado river.--(A) Neither the 
     Conservation Area nor the Wilderness shall include any part 
     of the Colorado River to the 100-year high water mark.
       (B) Nothing in this Act shall affect the authority that the 
     Secretary may or may not have to manage recreational uses on 
     the Colorado River, except as such authority may be affected 
     by compliance with paragraph (3). Nothing in this Act shall 
     be construed to affect the authority of the Secretary to 
     manage the public lands between the boundary of the 
     Conservation Area and the edge of the Colorado River.

[[Page 16140]]

       (C) Subject to valid existing rights, all lands owned by 
     the Federal Government between the 100-year high water mark 
     on each shore of the Colorado River, as designated on the Map 
     from the line labeled ``Line A'' on the east to the boundary 
     between the States of Colorado and Utah on the west, are 
     hereby 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) the operation of the mineral leasing, mineral 
     materials, and geothermal leasing laws.

     SEC. 7. MAPS AND LEGAL DESCRIPTIONS.

       (a) In General.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a copy of the Map and a legal description of the 
     Conservation Area and of the Wilderness.
       (b) Force and Effect.--The Map and legal descriptions 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 the legal descriptions.
       (c) Public Availability.--Copies of the Map and the legal 
     descriptions shall be on file and available for public 
     inspection in--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Grand Junction District Office of the Bureau of 
     Land Management in Colorado;
       (3) the appropriate office of the Bureau of Land Management 
     in Colorado, if the Grand Junction District Office is not 
     deemed the appropriate office; and
       (4) the appropriate office of the Bureau of Land Management 
     in Utah.
       (d) Map Controlling.--Subject to section 6(l)(3), in the 
     case of a discrepancy between the Map and the descriptions, 
     the Map shall control.

     SEC. 8. ADVISORY COUNCIL.

       (a) Establishment.--Not later than 6 months after the date 
     of the enactment of this Act, the Secretary shall establish 
     an advisory council to be known as the ``Colorado Canyons 
     National Conservation Area Advisory Council''.
       (b) Duty.--The Council shall advise the Secretary with 
     respect to preparation and implementation of the management 
     plan, including budgetary matters, for the Conservation Area 
     and the Wilderness.
       (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 10 members to be 
     appointed by the Secretary including, to the extent 
     practicable:
       (1) A member of or nominated by the Mesa County Commission.
       (2) A member nominated by the permittees holding grazing 
     allotments within the Conservation Area or the Wilderness.
       (3) A member of or nominated by the Northwest Resource 
     Advisory Council.
       (4) 7 members residing in, or within reasonable proximity 
     to, Mesa County, Colorado, with recognized backgrounds 
     reflecting--
       (A) the purposes for which the Conservation Area or 
     Wilderness was established; and
       (B) the interests of the stakeholders that are affected by 
     the planning and management of the Conservation Area and the 
     Wilderness.

     SEC. 9. PUBLIC ACCESS.

       (a) In General.--The Secretary shall continue to allow 
     private landowners reasonable access to inholdings in the 
     Conservation Area and Wilderness.
       (b) Glade Park.--The Secretary shall continue to allow 
     public right of access, including commercial vehicles, to 
     Glade Park, Colorado, in accordance with the decision in 
     Board of County Commissioners of Mesa County v. Watt (634 F. 
     Supp. 1265 (D.Colo.; May 2, 1986)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from California (Mr. George Miller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4275, sponsored by the gentleman from Colorado (Mr. 
McInnis), seeks to protect and enhance the resources of the Grand 
Valley located in Mesa County, Colorado, and Grand County, Utah.
  H.R. 4275 designates two areas of environmental protection, the 
Colorado Canyons National Conservation Area and the Black Ridge Canyons 
Wilderness. These lands are host to a variety of unique and valuable 
recreational multiple-use opportunities. Under this legislation, 
approximately 117,000 acres would be included in the conservation area. 
H.R. 4275 also establishes 75,000 acres of selected land as the Black 
Ridge Canyons Wilderness.
  Both areas of land in H.R. 4275 will be managed by the Secretary of 
the Interior in accordance with existing laws. The Secretary is to 
prepare a comprehensive management plan for the lands included in this 
act no later than 5 years from the time of enactment. This management 
plan will take into consideration appropriate uses and historical 
involvement.
  H.R. 4275 will also allow grazing to continue in the Wilderness area 
according to applicable laws. It is not the intent of this bill for 
these land designations to lead to the creation of buffer zones or to 
interfere with activities outside their boundaries.
  I would like to commend the gentleman from Colorado (Mr. McInnis) for 
his tireless effort in protecting these unique lands and in getting 
this bill to the floor today. This bill is good legislation because it 
not only protects these lands but also allows the area to be used by 
local people.
  Mr. Speaker, I urge my colleagues to support H.R. 4275, as amended.
  Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore. Without objection, the time allocated to the 
gentleman from California (Mr. George Miller) will be controlled by the 
gentleman from Colorado (Mr. Udall).
  There was no objection.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Colorado (Mr. Udall).
  Mr. UDALL of Colorado. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Colorado (Mr. McInnis).
  Mr. McINNIS. Mr. Speaker, I thank my colleague from the State of 
Colorado for yielding me the time.
  Mr. Speaker, I note that we have a couple of Members of the 
delegation from Colorado, both of whom have worked on this bill 
diligently. I appreciate very much the support of the gentlewoman from 
Colorado (Ms. DeGette) and the gentleman from Colorado (Mr. Udall).
  We have had lots of meetings. As my colleagues know, we really owe 
special thanks to my staff. On my particular staff, Christopher Hatcher 
and Rene Howell.
  But this bill really was necessitated by a move by the Department of 
Interior that perhaps they wanted to go out in Colorado and expand the 
Colorado National Monument.
  In meeting with the Secretary of Interior, I asked the Secretary of 
Interior for a period of time because I felt that we could engineer a 
community buildup, in other words, a bill that was built by the 
community and not built out of Washington, D.C.; and the Secretary of 
Interior agreed to that.
  In regards to that, we were able to put together, I think, an 
excellent bill, an excellent piece of legislation, a piece of 
legislation which protects Colorado water for Colorado people, a piece 
of legislation which preserves the ranchers' rights to use grazing 
permits and, therein, as a consequence of that, preserves the open 
space that the ranchers occupy with their ranches, a bill that will 
preserve recreation for the multiple-use users out there, and a bill 
that would allow us to recognize the value of this Wilderness Study 
Area called the Black Ridge Canyons and convert the Black Ridge Canyons 
into a Wilderness Study Area.
  This bill is a positive bill. This bill had the entire spectrum of 
our community come together. But that was only a part of it. The next 
part of it was we needed to come to Washington, D.C., and we needed 
help by people, someone, for example, by the name of the gentleman from 
Utah (Chairman Hansen), the chairman who is present on the floor today.
  It is thanks to the gentleman from Utah (Mr. Hansen) expediting this 
bill that we are going to be able to put this in place. We had to have 
this bill out by the August recess. It was critical. I went to the 
office of the gentleman from Utah (Mr. Hansen). I sat down there with 
him for a period of time. And his definition, by the way, and the terms 
of the buffer zone and so on covered in his statement are exactly 
correct.
  But if it were not for his assistance and the assistance of his able 
staff, there is no way we could have gotten this proposition over to 
the Senate on a timely basis. So I commend him.

[[Page 16141]]

  As my colleagues know, it is not just the fact that the gentleman 
from Utah (Mr. Hansen) expedited it, it is also the fact that he 
incorporated the assistance of the delegation from Utah, including the 
gentleman from Utah (Mr. Cannon). And the amendment of the gentleman 
from Utah (Mr. Cannon) and the gentleman from Utah (Mr. Hansen), which 
we see right here, includes wilderness in the State of Utah.
  This is an exciting way to go about the preservation and yet 
preserving the multiple use and not touching Colorado water. This is 
the way to do it. This is an example for the entire country to follow.
  So not taking all the time from my colleagues, I will be happy to 
yield back to them so they have plenty of time for public, but I do 
want to publicly acknowledge the entire Colorado delegation. I do 
appreciate very much the efforts of the gentleman from Colorado (Mr. 
Udall) and of the gentlewoman from Colorado (Ms. DeGette).
  Mr. Speaker, I am pleased the House is considering H.R. 4275, the 
Colorado Canyons National Conservation Area and the Black Ridge Canyons 
Wilderness Act of 2000, which seeks to protect and enhance the 
resources of Grand Ridge Canyons Wilderness Act of 2000, which seeks to 
protect and enhance the resources of Grand Valley located in Mesa 
County, Colorado and Grand County, Utah. H.R. 4275 designates two areas 
for environmental protection, the Colorado Canyons National 
Conservation Area and Black Ridge Canyons Wilderness.
  The establishment of the Colorado Canyons National Conservation Area 
and the designation of the Black Ridge Canyons Wilderness Area will 
promote and protect unique and nationally important features of the 
area along the western boundary of the State of Colorado and the 
eastern boundary of the State of Utah. The Colorado Canyons National 
Conservation Area shall consist of approximately 122,300 acres in Mesa 
County of the State of Colorado and Grand County in the State of Utah. 
Within the Conservation Area shall be designated the Black Ridge 
Canyons Wilderness Area consisting of approximately 75,550 acres in 
Mesa County of the State of Colorado and Grand County in the State of 
Utah.
  The diverse lands located within the Colorado Canyons National 
Conservation as well as the Black Ridge Canyons Wilderness Areas 
include pinyon juniper and sagebrush mesas to the south with steep red 
rock canyons cutting into the landscape forming natural arches, caves 
and alcoves. To the west, the lands include over 5,000 acres of eastern 
Grand County in the State of Utah, to the north are hills making up the 
Rabbit Valley. The entire area is bisected by the Colorado River, which 
helped form the unique features of the surrounding landscape.
  The Colorado Canyons area includes tremendous wildlife, scenic, 
recreational, and paleontological resources which make it worthy of 
recognition and designation as a National Conservation Area, and 
portions of it as a Wilderness Area. An additional factor making these 
lands unique is their proximity to nearby urban centers including Grand 
Junction, Fruita and Palisade.
  Central to the landscape as well as the legislation is the Colorado 
River. The legislation excludes, from both the Wilderness and the 
National Conservation Area, the area including the Colorado River up to 
the 100-year high water mark. The Wilderness and Conservation Area 
along the Colorado River abut the Colorado-Utah border, so any claims 
on the River or its water could have an extremely significant impact on 
water rights in Colorado. It is for that reason this land up to the 
100-year high water mark of the Colorado River was excluded from the 
Conservation Area and Wilderness.
  Also important to the area of the western State of Colorado and 
eastern State of Utah are traditional western uses of the land, in 
balance with other uses. Traditional western uses such as ranching are 
major economic and cultural contributors to western Colorado. The 
legislation demonstrates an underlying philosophy that a balance among 
all uses should be sought and can be achieved on the public lands 
covered by this legislation, and elsewhere on the public lands. As a 
result, there are several protections to allow reasonable grazing to 
continue in both the Conservation and Wilderness areas.
  Along the mesas of the Black Ridge and Ruby Canyons, as well as in 
Rabbit Valley, are livestock grazing allotments that provide cattle 
forage during the late winter and early spring. With the cooperation of 
the ranchers and the Bureau of Land Management, grazing practices have 
been adjusted to better work with wildlife needs in the canyons. I 
stress that meaningful access to these allotments by the permittees 
ensures that the base ranches remain viable. Many of these base ranches 
are located in an area south of Black Ridge Canyons named Glade Park. 
Glade Park is an agricultural area, and as a viable ranching community 
has an integral part in the makeup of the local economy. If grazing in 
the Black Ridge Canyons Wilderness was to be curtailed, or meaningful 
access prohibited, the economic viability of the base ranches could 
suffer and potentially result in subdivision of these large open spaces 
of Glade Park into 35 acre ranchettes. There is no way for Mesa County 
to prevent the 35-acre subdivision under the law of the State of 
Colorado, so it is vitally important that reasonable access to the 
grazing allotments be continued to ensure that Glade Park may remain 
agricultural in nature. I think everyone agrees that it is not 
desirable for designation of wilderness to impact local land use 
planning in a way that promotes development where it is not desired.
  As a result of the importance of the continued viability of ranching 
in the surrounding communities, language is included in this 
legislation to ensure that while the Black Ridge Canyons Wilderness is 
properly protected, so is the agricultural nature of the surrounding 
communities. Moreover, multiple use is preserved in appropriate areas 
included within the Colorado Canyons National Conservation Area such as 
Rabbit Valley.
  H.R. 4275 is the result of intense work by the local community, the 
Bureau of Land Management, local cities, Mesa County and the State of 
Colorado and many others to produce a locally driven and locally 
supported proposal that recognizes the importance of the area as well 
as the importance of Colorado's land use priorities. Representative 
McInnis had the opportunity to discuss management of these land with 
representatives of the Department of the Interior, including the 
Secretary, on several occasions. Following significant work on a local 
level to develop a local consensus on the proposal, I introduced H.R. 
4275 on April 13, 2000.
  Secretary of the Interior Babbitt has indicated that if this 
legislation fails to be enacted before the Clinton Administration 
leaves office, he will recommend the President designate this area as a 
national monument under the Antiquities Act. I ask everyone to 
recognize that a far preferable alternative is the legislative process 
which affords everyone the opportunity to review the proposal and to 
work toward common purposes, in an open and public process.
  I would like to make some comments about particular sections of the 
legislation:
  Section 6(d) of the legislation limits off-highway vehicle use to 
roads and trails designated under the management plan in effect on the 
date of passage. This subsection allows continued use of motor vehicles 
in the Conservation Area for emergency and administrative purposes. It 
is my interpretation that reasonable access in the course of the 
management of wildlife by the relevant state wildlife officials within 
the National Conservation Area is an administrative purpose.
  Section 6(g) on grazing directs that, in general and except as 
provided in paragraph (2), the Secretary shall issue and administer 
grazing leases or permits in the Conservation Area and Wilderness in 
the same manner as on other land under the jurisdiction of the Bureau 
of Land Management. Subsection (g)(2) directs the Secretary to 
administer grazing in the wilderness in accordance with the provisions 
of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), and in 
accordance with the guidelines set forth in Appendix A of House Report 
101-405, which sets out grazing guidelines for the Bureau of Land 
Management with respect to livestock grazing in wilderness areas. The 
language from House Report 101-405, H.R. 2570 Appendix A, clearly 
applies in the case of wilderness established under this Act. It is my 
expectation that the three permittees who currently use motorized 
vehicles within the Wilderness Study Area on an intermittent and 
infrequent basis would be able to continue these same uses at a 
frequency not exceeding the level established prior to the introduction 
of this bill. I would strongly request that the Bureau of Land 
Management would address this use of motorized vehicles in the terms 
and conditions of the permits held by the three involved permittees.
  Section 6(j) permits acquisitions of land or interests in land 
depicted within the exterior boundary of the Conservation Area or 
Wilderness by purchase from a willing seller, exchange or donation. No 
land or interest inland may be acquired without the consent of the 
owner. Subsection (j)(2) sets out how land acquired under this 
subsection shall be managed. The boundaries of the Colorado Canyons 
National Conservation Area and the Black Ridge Canyons Wilderness were 
drawn

[[Page 16142]]

so as to exclude private inholdings to the extent possible. 
Nonetheless, there are several private inholdings within the boundaries 
of the Conservation Area. Concerned about the potential for development 
on these lands, I would request that within 90 days after the date of 
enactment of this Act, the Bureau of Land Management should consult 
with each owner of non-federal lands within the Conservation Area and 
the Wilderness to determine which, if any, such owners desire to convey 
lands to the United States. If any such owner does desire to convey or 
exchange such lands, the Secretary should take all steps necessary or 
appropriate to complete the acquisition or exchange, supported by 
appropriate appraisals, of such lands as soon as possible. I expect 
that no later than one year after the date of enactment of this Act the 
BLM could provide Congress and me information regarding the status of 
its actions taken to acquire or exchange inholdings, together with any 
recommendations the BLM may wish to make for expediting the acquisition 
or exchange of inholdings within the Conservation Area.
  Section 6(l) deals with water issues important to both Colorado and 
me. Within that section is important language under subsection (1)(5) 
which sets the boundaries of the Conservation Area and the Wilderness 
along the Colorado River at the 100-year high water mark. My intention 
of setting these borders back to the 100-year high water mark was to 
ensure that the designation of the Wilderness and the Conservation Area 
did not impact water rights in any way, including any water quality or 
instream flow impacts, along the mainstream of the Colorado River. 
Following concerns raised by some about potential for mining along the 
River, language was included to withdraw those lands owned by the 
Federal Government within the 100-year flood plain as designated on the 
legislation's Map from all forms of entry, appropriation, or disposal 
under the public land laws, the mining laws and laws relating to 
mineral and geothermal leasing, subject to valid existing rights. The 
legislation includes language indicating it does not affect any 
authority the Secretary may or may not have to manage recreation on the 
Colorado River, except as any such authority is affected by the 
requirement that the Secretary follow Colorado procedural and 
substantive water law. There is nothing in the Act to indicate if and 
the extent to which the Secretary has authority to manage recreation on 
the Colorado River, nor should any language be read to establish or 
serve as a basis for any such authority. This bill was not intended to 
give the Secretary authority that he may very well not have to regulate 
recreation on the Colorado River.
  Finally, Section 8 of the bill directs the Secretary of the Interior 
to establish a Colorado Canyon National Conservation Area Advisory 
Council to advise the Secretary with respect to the Conservation Area 
and the Wilderness. The Advisory Council's purpose will be to furnish 
advice and recommendation to the Secretary with respect to preparation 
and implementation of the management plan, including budgetary matters, 
for the Conservation Area and the Wilderness.
  The ten council members would be appointed by the Secretary, one of 
which would be a member of or nominated by the Mesa County Commission, 
one of which would be nominated by the permittees holding grazing 
allotments within the Conservation Area or the Wilderness, and one of 
which would be a member of or nominated by the Northwest Resource 
Advisory Council. Other members of the Council, residing in or within a 
reasonable proximity to Mesa County, Colorado, would be named as well. 
It is my intent when drafting this bill that cities like Denver or 
Boulder, Colorado, for example, would not be considered to be within a 
reasonable proximity to Mesa County, although Rifle, Colorado or Grand 
County, Utah could be considered to be within a reasonable proximity to 
Mesa County.
  Mr. Speaker, I would like to thank several people who have helped 
ensure swift passage of this legislation. First and foremost I would 
like to thank the gentleman from Alaska, Mr. Don Young, Chairman of the 
Resources Committee. His action helped bring this bill to the floor. 
Alongside Chairman Young is the gentleman from Utah, Mr. Hansen, who 
worked with his staff on the National Parks and Public Lands 
Subcommittee to get this bill here today. His personal help allowed 
this bill to be so quickly considered on the Floor of the House. The 
gentleman from Utah, Mr. Cannon, also contributed enormously to this 
legislation, amending it in subcommittee to include the first BLM 
wilderness in Utah. I would also like to thank my colleagues from 
Colorado, Mr. Hefley and Mr. Tancredo and Ms. DeGette, who cosponsored 
this bill. Finally, I would thank the gentleman from Colorado, Mr. Mark 
Udall, for all his work with his side of the aisle to get this bill to 
the Floor.
  I would like to close by thanking the Majority Leader, the gentleman 
from Texas, Mr. Armey. He helped with the scheduling of this bill on 
short notice, and I very much appreciate his work on behalf of the bill 
and people of western Colorado. I look forward to quick passage in the 
Senate with the help of Senator Campbell, and signature by the 
President.
  Mr. UDALL of Colorado. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 4275, which will designate the 
Colorado Canyons National Conservation Area in Colorado and the Black 
Ridge Wilderness in both Colorado and Utah.
  As my colleague, the gentleman from Colorado (Mr. McInnis), has 
pointed out, enactment of this measure will provide for appropriate, 
protective management of some very special lands in western Colorado 
that are managed by the Bureau of Land Management. It will also be, I 
think, by my count, the third bill passed in this Congress to designate 
additional wilderness in Colorado.
  The President has already signed the bill to designate wilderness in 
and adjacent to the Black Canyon of the Gunnison National Park; and I 
am hopeful Congress will soon complete action, as I know my colleague, 
the gentleman from Colorado (Mr. McInnis), is as well, on the Spanish 
Peaks Wilderness Area in the San Isabel National Forest. We are 
continuing to make progress in Colorado, and I am proud to be a part of 
that.
  I wanted to take a moment to talk about a number of amendments that 
were proposed by myself and that were adopted in the Committee on 
Resources. Taken together, these amendments embody the compromise with 
regard to the water provisions of the bill and also include a number of 
technical and conforming changes to reflect the agreements that were 
worked out among my colleague, the gentleman from Colorado (Mr. 
McInnis), the Department of Interior, and those of us on the committee.

                              {time}  1615

  First, my amendments added provisions regarding the headwaters nature 
of the Black Ridge lands to make clear the rationale for following the 
approach of the 1993 Colorado Wilderness Act by including an express 
disclaimer of a Federal reserved water right with respect to the 
wilderness area. Second, the amendments added language to make clear 
that the bill will not affect any existing water rights, including 
those of the United States. Third, the amendments revised the boundary 
of the NCA and the wilderness along the Colorado River which made it 
possible to omit language that had been proposed regarding issues that 
some felt might arise had the boundary been closer to the river itself. 
Fourth, my amendments added provisions to make clear that the boundary 
revision will not compromise the ability of the Secretary to properly 
manage recreational or other uses of public lands adjacent to the 
river. Finally, my amendments added a provision, similar to that 
included in the 1993 Colorado Wilderness Act, to prohibit new water 
projects in the wilderness area designated by this bill.
  These changes addressed most if not all the major concerns of the 
various Colorado groups, both the environmental groups and those 
representing other points of view regarding these aspects of the bill. 
At the same time they left intact the basic balance of the bill with 
regard to the lands covered by the bill that are now used for livestock 
grazing.
  I want to express my appreciation for the hard work and continued 
cooperation of the gentleman from Colorado (Mr. McInnis), as well as 
those of the Department of the Interior and both the majority and 
minority staff of the committee. Thanks to their efforts, I think the 
Committee on Resources has been able to achieve an acceptable bill that 
deserves the approval of the House even if it may not be everything 
that every party might have desired.
  I urge passage of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield 5 minutes to the gentleman from 
Colorado (Mr. McInnis).

[[Page 16143]]


  Mr. McINNIS. Mr. Speaker, the reason I came back up here again is I 
did not want to consume all of the time over on that side, but there 
are a couple of other people that I think it is very important to point 
out because without their help we would not have gotten this where it 
is. Their help was fundamental to the passage of this bill as well. 
That, of course, is the chairman of the Committee on Resources, the 
gentleman from Alaska (Mr. Young). The gentleman from Alaska helped us 
schedule this thing. He called the committee hearing so that we could 
have this heard, so that we could meet and have this bill off the House 
floor and over to the Senate by the conclusion of the period of time in 
July. The second one, of course, is the gentleman from Texas (Mr. 
Armey), our majority leader. If it were not for his scheduling and his 
staff assistance, we would not be able to do this as well.
  Finally, I do want to take one final moment and just say once again 
to the gentleman from Utah (Mr. Hansen), we had spent a lot of time in 
his office talking about how important it was that as the country moves 
in the direction of taking a second look at the national parks and the 
national monuments, that it was absolutely critical that we put as a 
basic ingredient of any kind of new direction community input and that 
we go to the local community and that we do not go, as happened in the 
State of Utah, with the Grand Escalante.
  They actually did not go into Utah. They made the announcement of 
Arizona and forced upon you something you did not even know was coming 
down the pike. As the gentleman said, this is the way that it should be 
handled and it is the way. It is being handled on a bipartisan basis. 
As our colleagues in here can see, both Democrats and Republicans from 
Colorado and Wyoming and Alaska and Texas, we all got together to make 
this thing work. As much as I am proud of this and the compromise that 
we were able to engineer, I also want to again publicly knowledge the 
gentleman from Utah for his contributions and his leadership, frankly, 
to put together this team, this coalition to make this a successful 
bill.
  Now I know that our colleague, Senator Campbell, is anxiously 
awaiting to carry this bill through the Senate. He will do a terrific 
job, and we can all leave these Chambers very, very proud of this 
accomplishment. Thousands of generations to come will look back at the 
Colorado canyons and say, boy, whoever did that made a good decision.
  Mr. UDALL of Colorado. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from the great State of Colorado (Ms. 
DeGette).
  Ms. DeGETTE. Mr. Speaker, I thank the distinguished gentleman from 
Colorado (Mr. Udall) for yielding me this time and a special thanks to 
my colleague to the West, the gentleman from Colorado (Mr. McInnis), 
for working diligently to make sure that this bill became a reality. 
This has been a real joint effort with the Colorado delegation. This 
bill is a very meaningful bill to the residents of Colorado. I just 
want to add my public thanks. It has been great.
  Let me talk for a minute about what Black Ridge looks like, because I 
hiked Black Ridge last summer and was really stunned to see the sublime 
natural beauty. It is really some of the finest of Colorado's canyon 
country. Every year, thousands of hikers, hunters, and rafters enjoy 
the wild canyons, abundant wildlife, and the quiet float down the 
Colorado River. I have always steadfastly supported the strongest 
possible protections for the Black Ridge Canyons because they are an 
outstanding national example of deep sliprock canyons.
  The area consists of three major canyon systems, innumerable spires 
and pinnacles, and the second greatest concentration of natural arches 
in the Southwest, second only to the beautiful arches, of course, in 
our neighbor to the West of Utah. Additionally, the Black Ridge 
Canyons' perennial streams and rich riparian vegetation provide 
critical wildlife habitat for a variety of species, including bighorn 
sheep, mountain lions, and bald eagles.
  One of the critical reasons that we need to preserve Black Ridge as 
wilderness now is because of the impinging growth that we are seeing in 
Western Colorado. What struck me was, just a stone's throw away from 
Black Ridge, neighbors walk their dogs, people ride their bikes, and 
everyone is enjoying the beautiful natural beauty of Western Colorado. 
But if we do not act now, and why I am so glad my colleague to the west 
has brought this legislation forward now, we run the risk of having 
humanity overwhelm these beautiful natural canyons.
  The thing that strikes me and the thing I think about a lot, while we 
have these growth pressures in Colorado and throughout the western 
United States, we also have many, many areas that still deserve 
wilderness protection in the West. Not every natural area, not every 
Federal land deserves protection; but there are many areas with unique 
wilderness characteristics like Black Ridge which still exist. That is 
why I was pleased last year when I announced the Colorado Wilderness 
Act, H.R. 829, to include Black Ridge and 48 other areas in Colorado as 
unique and deserving wilderness characteristics.
  The lands on both sides of the Colorado River in the proposed 
national conservation area and the river itself as it goes through 
contain a wide array of unique natural features that deserve increased 
protection. The combination of the national conservation area and 
wilderness is appropriate in this bill, and I am pleased to see that 
H.R. 4275 includes the Colorado River and all lands within the 100-year 
flood plain to be managed as if they were in the NCA. I think it is 
critical that the river and sensitive riparian areas are managed in a 
manner that provides the utmost protection for this sensitive and 
heavily used area.
  Additionally, Mr. Speaker, I am very pleased to see that the areas in 
Utah that are contiguous to this are also preserved in the bill.
  I sincerely hope, in conclusion, that passage of this bill is the 
first step in a concentrated, unified effort of the delegation to 
protect all of the lands in Colorado which deserve wilderness 
protection.
  This picture next to me is not the area we are talking about today, 
but it is the beautiful Gunnison Gorge Wilderness Study Area that is 
also included in my legislation. There are 47 other areas besides Black 
Ridge and Gunnison Gorge which we have in Colorado. While today's 
legislation provides protection for really the crown jewel of my 
wilderness bill, there are 48 other areas, beautiful canyons, many of 
them, that need and deserve protection. I urge Congress to act now. If 
we pass just one, two or even three of these areas every year, my 6-
year-old daughter will be a grandmother by the time we protect all of 
these lands. More importantly and urgently, the growth that we are 
seeing in the West will begin to impinge on these critical areas.
  Again, I thank my colleague. I think this is a critical step, and I 
thank him for all of the work he is doing for wilderness preservation 
in Colorado.
  Mr. UDALL of Colorado. Mr. Speaker, I yield myself such time as I may 
consume. I wanted to echo the comments of my colleague from Colorado 
and also acknowledge that I am eager to work with the gentleman from 
Colorado (Mr. McInnis) and the rest of the Colorado delegation as we 
continue to decide with the input of the local people that the 
gentleman from Colorado (Mr. McInnis) has spoken so eloquently about 
how we might preserve and protect these lands for the future.
  Mr. Speaker, I urge the passage of the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  I appreciate the great work that has gone into this by the gentleman 
from Colorado (Mr. McInnis) and our other colleagues from Colorado. It 
is an excellent piece of legislation.
  It is a great privilege to have in our company Lou Stokes from Ohio, 
a man that we all have such great respect for and have served with in 
various positions. I do not know if people realize

[[Page 16144]]

the many chairmanships that he had, especially the chairman of the 
Committee on Standards of Official Conduct. I feel great empathy for 
anybody who was chairman of that committee as long as he was.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Utah (Mr. Hansen) that the House suspend 
the rules and pass the bill, H.R. 4275, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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