[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 18604-18608]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      RIO GRANDE NATURAL AREA ACT

  The Senate proceeded to consider the bill (S. 1467) to establish the 
Rio Grande Outstanding Natural Area in the State of Colorado, and for 
other purposes, which had been reported from the Committee on Energy 
and Natural Resources, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                S. 1467

       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 ``Rio Grande Outstanding 
     Natural Area Act''.

      [SEC. 2. FINDINGS AND PURPOSES.

       [(a) Findings.--Congress finds as follows:
       [(1) Preservation and restoration of the land in the Area 
     are required to preserve the Area's unique scientific, scenic 
     beauty, educational, and environmental values, including 
     unique land forms, scenic beauty, cultural sites, and 
     habitats used by various species of raptors and other birds, 
     mammals, reptiles, and amphibians.
       [(2) There are archaeological and historic sites in the 
     Area resulting from at least 10,000 years of use for 
     subsistence and commerce.
       [(3) The archaeological sites represent regional ancestry, 
     including Paleo-Indian and nomadic bands of Ute and Apache.
       [(4) The Area contains exceptional scenic values and 
     opportunities for wildlife viewing.
       [(5) Approximately 2,771 acres of land within the Area are 
     owned by the United States and administered by the Secretary, 
     acting through the Director of the Bureau of Land Management, 
     and approximately 7,885 acres of land within the Area are 
     owned by private landowners.
       [(6) The Area is located downstream from areas in Colorado 
     of significant and longstanding water development and use.
       [(7) The availability of water for use in Colorado is 
     governed, in significant part, by the Compact, which 
     obligates the State of Colorado to deliver certain quantities 
     of water to the Colorado-New Mexico State line for the 
     benefit of the States of New Mexico and Texas in accordance 
     with the terms of the Compact.
       [(8) Because of the allocations of water made by the 
     Compact to downstream States, the levels of use and 
     development of water in Colorado, and the unpredictable and 
     seasonal nature of the water supply, the Secretary shall 
     manage the land within the Area to accomplish the purposes of 
     this Act without asserting reserved water rights for instream 
     flows or appropriating or acquiring water rights for that 
     purpose.
       [(b) Purposes.--The purposes of this Act are to conserve, 
     restore, and protect for future generations the natural, 
     ecological, historic, scenic, recreational, wildlife, and 
     environmental resources of the Area.

      [SEC. 3. DEFINITIONS.

       [In this Act:
       [(1) Area.--The term ``Area'' means the Rio Grande 
     Outstanding Natural Area established under section 4.
       [(2) Area management plan.--The term ``Area Management 
     Plan'' means the plan developed by the Commission in 
     cooperation with Federal, State, and local agencies and 
     approved by the Secretary.
       [(3) Commission.--The term ``Commission'' means the Rio 
     Grande Outstanding Natural Area Commission as established in 
     this Act.
       [(4) Compact.--The term ``Compact'' means the Rio Grande 
     Compact, consented to by Congress in the Act of May 31, 1939 
     (53 Stat. 785, chapter 155).
       [(5) Map.--The term ``Map'' means the map entitled ``__'', 
     dated __, and numbered __.
       [(6) Public lands.--The term ``public lands'' has the 
     meaning given that term in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702).
       [(7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(8) State.--The term ``State'' means the State of 
     Colorado.

      [SEC. 4. ESTABLISHMENT OF AREA.

       [(a) In General.--There is established the Rio Grande 
     Outstanding Natural Area.
       [(b) Boundaries.--The Area shall consist of approximately 
     10,656 acres extending for a distance of 33.3 miles along the 
     Rio Grande River in southern Colorado from the southern 
     boundary of the Alamosa National Wildlife Refuge to the 
     Colorado-New Mexico State line, encompassing the Rio Grande

[[Page 18605]]

     River and its adjacent riparian areas extending not more than 
     1,320 feet on either side of the river.
       [(c) Map and Legal Description.--
       [(1) Legal description.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall file a 
     legal description of the Area in the office of the Director 
     of the Bureau of Land Management, Department of the Interior, 
     in Washington, District of Columbia, and the Office of the 
     Colorado State Director of the Bureau of Land Management.
       [(2) Force and effect.--The Map and legal description of 
     the Area shall have the same force and effect as if they were 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such legal description 
     as they may appear from time to time.
       [(3) Public availability.--The Map and legal description of 
     the Area shall be available for public inspection in the 
     office of the Colorado State Director of the Bureau of Land 
     Management, Department of the Interior in Denver, Colorado.

      [SEC. 5. COMMISSION.

       [(a) Establishment.--There is hereby established the Rio 
     Grande Outstanding Natural Area Commission.
       [(b) Purpose.--The Commission shall assist appropriate 
     Federal, State, and local authorities in the development and 
     implementation of an integrated resource management plan for 
     the Area called the Area Management Plan.
       [(c) Membership.--The Commission shall be composed of 9 
     members, designated or appointed not later than 6 months 
     after the date of the enactment of this Act as follows:
       [(1) 2 officials of Department of the Interior designated 
     by the Secretary, 1 of whom shall represent the Federal 
     agency responsible for the management of the Area and 1 of 
     whom shall be the manager of the Alamosa National Wildlife 
     Refuge.
       [(2) 2 individuals appointed by the Secretary, 1 of whom 
     shall be based on the recommendation of the State Governor, 
     representing the Colorado Division of Wildlife, and 1 
     representing the Colorado Division of Water Resources 
     responsible for the Rio Grande drainage.
       [(3) 1 representative of the Rio Grande Water Conservation 
     District appointed by the Secretary based on the 
     recommendation of the State Governor, representing the local 
     region in which the Area is established.
       [(4) 4 individuals appointed by the Secretary based on 
     recommendations of the State Governor, representing the 
     general public who are citizens of the State and of the local 
     region in which the Area is established, who have knowledge 
     and experience in the appropriate fields of interest relating 
     to the preservation and restoration and use of the Area. 2 
     appointees from the local area shall represent 
     nongovernmental agricultural interests and 2 appointees from 
     the local area shall represent nonprofit nongovernmental 
     environmental interests.
       [(d) Terms.--Members shall be appointed for terms of 5 
     years and may be reappointed.
       [(e) Compensation.--Members of the Commission shall receive 
     no pay on account of their service on the Commission.
       [(f) Chairperson.--The chairperson of the Commission shall 
     be elected by the members of the Commission.
       [(g) Meetings.--The Commission shall hold its first meeting 
     not later than 90 days after the date on which the last of 
     its initial members is appointed, and shall meet at least 
     quarterly at the call of the chairperson.

      [SEC. 6. POWERS OF THE COMMISSION.

       [(a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence, as the Commission considers 
     appropriate.
       [(b) Powers of Members and Agents.--Any member or agent of 
     the Commission, if so authorized by the Commission, may take 
     any action which the Commission is authorized to take by this 
     Act.
       [(c) Acquisition of Real Property.--Except as provided in 
     section 12, the Commission may not acquire any real property 
     or interest in real property.
       [(d) Cooperative Agreements.--For purposes of carrying out 
     the Area Management Plan, the Commission may enter into 
     cooperative agreements with the State, with any political 
     subdivision of the State, or with any person. Any such 
     cooperative agreement shall, at a minimum, establish 
     procedures for providing notice to the Commission of any 
     action proposed by the State, a political subdivision, or a 
     person which may affect the implementation of the Area 
     Management Plan.

      [SEC. 7. DUTIES OF THE COMMISSION.

       [(a) Preparation of Plan.--Not later than 2 years after the 
     Commission conducts its first meeting, it shall submit to the 
     Secretary an Area Management Plan. The Area Management Plan 
     shall be--
       [(1) based on existing Federal, State, and local plans, but 
     shall coordinate those plans and present a unified 
     preservation, restoration, and conservation plan for the 
     Area;
       [(2) developed in accordance with the provisions of section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712); and
       [(3) consistent, to the extent possible, with the 
     management plans adopted by the Director of the Bureau of 
     Land Management for adjacent properties in Colorado and New 
     Mexico.
       [(b) Contents.--The Area Management Plan shall include the 
     following:
       [(1) An inventory which includes any property in the Area 
     which should be preserved, restored, managed, developed, 
     maintained, or acquired because of its natural, scientific, 
     scenic, or environmental significance.
       [(2) Recommended policies for resource management which 
     consider and detail the application of appropriate land and 
     water management techniques, including the development of 
     intergovernmental cooperative agreements, that will protect 
     the Area's natural, scenic, and wildlife resources and 
     environment.
       [(3) Recommended policies for resource management to 
     provide for protection of the Area for solitude, quiet use, 
     and pristine natural values.
       [(c) Implementation of the Plan.--Upon approval of the Area 
     Management Plan by the Secretary, as provided in section 9, 
     the Commission shall assist the Secretary in implementing the 
     Area Management Plan by taking appropriate steps to preserve 
     and interpret the natural resources of the Area and its 
     surrounding area. These steps may include the following:
       [(1) Assisting the State in preserving the Area.
       [(2) Assisting the State and local governments, and 
     political subdivisions of the State in increasing public 
     awareness of and appreciation for the natural, historical, 
     and wildlife resources in the Area.
       [(3) Encouraging local governments and political 
     subdivisions of the State to adopt land use policies 
     consistent with the management of the Area and the goals of 
     the Area Management Plan, and to take actions to implement 
     those policies.
       [(4) Encouraging and assisting private landowners within 
     the Area in understanding and accepting the provisions of the 
     Area Management Plan and cooperating in its implementation.

      [SEC. 8. TERMINATION OF THE COMMISSION.

       [(a) Termination.--Except as provided in subsection (b), 
     the Commission shall terminate 10 years and 6 months after 
     the date of the enactment of this Act.
       [(b) Extensions.--The Commission may be extended for a 
     period of not more than 5 years beginning on the day of 
     termination specified in subsection (a) if, not later than 
     180 days before that day, the Commission--
       [(1) determines that such an extension is necessary in 
     order to carry out the purpose of this Act; and
       [(2) submits such proposed extension to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate.

     [SEC. 9. ADMINISTRATION BY SECRETARY.

       [(a) Plan Approval; Publication.--Not later than 60 days 
     after the Secretary receives a proposed management plan from 
     the Commission, the Secretary, with the assistance of the 
     Commission, shall initiate the environmental compliance 
     activities which the Secretary determines to be appropriate 
     in order to allow the review of the proposed plan and any 
     alternatives thereto and to allow public participation in the 
     environmental compliance activities. Thereafter, the 
     Secretary shall approve an Area Management Plan for the Area 
     consistent with the Commission's proposed plan to the extent 
     possible, that reflects the results of the environmental 
     compliance activities undertaken. Not later than 18 months 
     after the Secretary receives the proposed management plan, 
     the Secretary shall publish the Area Management Plan in the 
     Federal Register.
       [(b) Administration.--The Secretary shall administer the 
     lands owned by the United States within the Area in 
     accordance with the laws and regulations applicable to public 
     lands and the Area Management Plan in such a manner as shall 
     provide for the following:
       [(1) The conservation, restoration, and protection of the 
     Area's unique scientific, scenic, educational, recreational, 
     and wildlife values.
       [(2) The continued use of the Area for purposes of 
     education, scientific study, and limited public recreation in 
     a manner that does not substantially impair the purposes for 
     which the Area is established.
       [(3) The protection of the wildlife habitat of the Area.
       [(4) The elimination of opportunities to construct water 
     storage facilities within the Area.
       [(5) The reduction or elimination of roads and motorized 
     vehicles from the public lands to the greatest extent 
     possible within the Area.
       [(6) The elimination of roads and motorized use on the 
     public lands within the area on the western side of the river 
     from Lobatos Bridge south to the State line.
       [(c) No Reservation of Water Rights.--Public lands affected 
     by this Act shall not be subject to reserved water rights for 
     any Federal purpose.
       [(d) Changes in Streamflow Regime.--To the extent that 
     changes to the streamflow regime beneficial to the Area can 
     be accommodated through negotiation with the State

[[Page 18606]]

     of Colorado, the Rio Grande Water Conservation District, and 
     water users within Colorado, such changes should be 
     encouraged, but may not be imposed as a requirement.
       [(e) Private Lands.--Private lands within the Area will be 
     affected by the designation and management of the Area only 
     to the extent that the private landowner agrees in writing to 
     be bound by the Area Management Plan.

      [SEC. 10. MANAGEMENT.

       [(a) Area Management Plan.--
       [(1) In general.--The Secretary shall implement the Area 
     Management Plan for all of the land within the Area that 
     accomplishes the purposes of and is consistent with the 
     provisions of this Act.
       [(2) Non-federal land.--The Area Management Plan shall 
     apply to all land within the Area owned by the United States 
     and may be made to apply to non-Federal land within the Area 
     only when written acceptance of the Area Management Plan is 
     given by the owners of such land.
       [(b) Coordination With State and Local Governments.--The 
     Area Management Plan shall be developed and adopted in 
     coordination with the appropriate State agencies and local 
     governments in Colorado.
       [(c) Cooperation by Private Landowners.--In implementing 
     the Area Management Plan, the Secretary shall encourage full 
     public participation and seek the cooperation of all private 
     landowners within the Area, regardless of whether the 
     landowners are directly or indirectly affected by the Area 
     Management Plan. If accepted by private landowners, in 
     writing, the provisions of the Area Management Plan may be 
     applied to the individual parcels of private land.
       [(d) New Impoundments.--In managing the Area, neither the 
     Secretary nor any other Federal agency or officer may approve 
     or issue any permit for, or provide any assistance for, the 
     construction of any new dam, reservoir, or impoundment on any 
     segment of the Rio Grande River or its tributaries within the 
     exterior boundaries of the Area.

      [SEC. 11. RESTORATION TO PUBLIC LANDS STATUS.

       [(a) Existing Reservations.--All reservations of public 
     lands within the Area for Federal purposes that have been 
     made by an Act of Congress or Executive order prior to the 
     date of enactment of this Act are revoked.
       [(b) Public Lands.--Subject to subsection (c), public lands 
     within the Area that were subject to a reservation described 
     in subsection (a)--
       [(1) are restored to the status of public lands; and
       [(2) shall be administered in accordance with the Area 
     Management Plan.
       [(c) Withdrawal.--All public lands within the Area are 
     withdrawn from settlement, sale, location, entry, or disposal 
     under the laws applicable to public lands, including the 
     following:
       [(1) Sections 910, 2318 through 2340, and 2343 through 2346 
     of the Revised Statutes (commonly known as the ``General 
     Mining Law, of 1872'') (30 U.S.C. 21, 22, 23, 24, 26 through 
     30, 33 through 43, 46 through 48, 50 through 53).
       [(2) The Mining and Minerals Policy Act of 1970 (30 U.S.C. 
     21a).
       [(3) The Act of April 26, 1882 (22 Stat. 49, chapter 106; 
     30 U.S.C. 25, 31).
       [(4) Public Law 85-876 (30 U.S.C. 28-1, 28-2).
       [(5) The Act of June 21, 1949 (63 Stat. 214, chapter 232; 
     30 U.S.C. 28b through 28e, 54).
       [(6) The Act of March 3, 1991 (21 Stat. 505, chapter 140; 
     30 U.S.C. 32).
       [(7) The Act of May 5, 1876 (19 Stat. 52, chapter 91; 30 
     U.S.C. 49).
       [(8) Sections 15, 16, and 26 of the Act of June 6, 1990 (31 
     Stat. 327, 328, 329, chapter 786; 30 U.S.C. 49a, 49c, 49d).
       [(9) Section 2 of the Act of May 4, 1934 (48 Stat. 1243, 
     chapter 2559; 30 U.S.C. 49e, 49f).
       [(10) The Act entitled ``An Act to promote the mining of 
     coal, phosphate, oil, oil shale, gas, and sodium on the 
     public domain'', approved February 25, 1920 (commonly known 
     as the ``Mineral Lands Leasing Act of 1920''; 30 U.S.C. 181 
     et seq.).
       [(11) The Act entitled ``An Act to provide for the disposal 
     of materials on public lands of the United States'', approved 
     July 31, 1947 (commonly known as the ``Materials Act of 
     1947''; 30 U.S.C. 601 et seq.).
       [(d) Wild and Scenic Rivers.--No land or water within the 
     Area shall be designated as a wild, scenic, or recreational 
     river under section 2 of the Wild and Scenic Rivers Act (16 
     U.S.C. 1273).

      [SEC. 12. ACQUISITION OF NON-FEDERAL LANDS.

       [(a) Acquisition of Lands not Currently in Federal 
     Ownership.--The Secretary, with the cooperation and 
     assistance of the Commission, may acquire by purchase, 
     exchange, or donation all or any part of the land and 
     interests in land, including conservation easements, within 
     the Area from willing sellers only.
       [(b) Administration.--Any lands and interests in lands 
     acquired under this section--
       [(1) shall be administered in accordance with the Area 
     Management Plan;
       [(2) shall not be subject to reserved water rights for any 
     Federal purpose, nor shall the acquisition of the land 
     authorize the Secretary or any Federal agency to acquire 
     instream flows in the Rio Grande River at any place within 
     the Area;
       [(3) shall become public lands; and
       [(4) shall upon acquisition be immediately withdrawn as 
     provided in section 11.

      [SEC. 13. STATE INSTREAM FLOW PROTECTION AUTHORIZED.

       [Nothing in this Act shall be construed to prevent the 
     State from acquiring an instream flow through the Area 
     pursuant to the terms, conditions, and limitations of 
     Colorado law to assist in protecting the natural environment 
     to the extent and for the purposes authorized by Colorado 
     law.

      [SEC. 14. RULE OF CONSTRUCTION.

       [Nothing in this Act shall be construed to--
       [(1) authorize, expressly or by implication, the 
     appropriation or reservation of water by any Federal agency, 
     or any other entity or individual other than the State of 
     Colorado, for any instream flow purpose associated with the 
     Area;
       [(2) affect the rights or jurisdiction of the United 
     States, a State, or any other entity over waters of any river 
     or stream or over any ground water resource;
       [(3) alter, amend, repeal, interpret, modify, or be in 
     conflict with the Compact;
       [(4) alter or establish the respective rights of any State, 
     the United States, or any person with respect to any water or 
     water-related right;
       [(5) impede the maintenance of the free-flowing nature of 
     the waters in the Area so as to protect--
       [(A) the ability of the State of Colorado to fulfill its 
     obligations under the Compact; or
       [(B) the riparian habitat within the Area;
       [(6) allow the conditioning of Federal permits, 
     permissions, licenses, or approvals to require the bypass or 
     release of waters appropriated pursuant to State law to 
     protect, enhance, or alter the water flows through the Area;
       [(7) affect the continuing use and operation, repair, 
     rehabilitation, expansion, or new construction of water 
     supply facilities, water and wastewater treatment facilities, 
     stormwater facilities, public utilities, and common carriers 
     along the Rio Grande River and its tributaries upstream of 
     the Area;
       [(8) impose any Federal or State water use designation or 
     water quality standard upon uses of, or discharges to, waters 
     of the State or waters of the United States, within or 
     upstream of the Area, that is more restrictive than those 
     that would be applicable had the Area not been established; 
     or
       [(9) modify, alter, or amend title I of the Reclamation 
     Project Authorizing Act of 1972, as amended (Public Law 92-
     514, 86 Stat. 964; Public Law 96-375, 94 Stat. 1507; Public 
     Law 98-570, 98 Stat. 2941; and Public Law 100-516, 100 Stat. 
     257), or to authorize the Secretary to acquire water from 
     other sources for delivery to the Rio Grande River pursuant 
     to section 102(c) of such title.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rio Grande Natural Area 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Rio 
     Grande Natural Area Commission established by section 4(a).
       (2) Natural area.--The term ``Natural Area'' means the Rio 
     Grande Natural Area established by section 3(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA.

       (a) In General.--There is established the Rio Grande 
     Natural Area in the State of Colorado to conserve, restore, 
     and protect the natural, historic, cultural, scientific, 
     scenic, wildlife, and recreational resources of the Natural 
     Area.
       (b) Boundaries.--The Natural Area shall include the Rio 
     Grande River from the southern boundary of the Alamosa 
     National Wildlife Refuge to the New Mexico State border, 
     extending \1/4\ mile on either side of the bank of the River.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the Natural Area.
       (2) Effect.--The map and legal description of the Natural 
     Area shall have the same force and effect as if included in 
     this Act, except that the Secretary may correct any minor 
     errors in the map and legal description.
       (3) Public availability.--The map and legal description of 
     the Natural Area shall be available for public inspection in 
     the appropriate offices of the Bureau of Land Management.

     SEC. 4. ESTABLISHMENT OF THE COMMISSION.

       (a) Establishment.--There is established the Rio Grande 
     Natural Area Commission.
       (b) Purpose.--The Commission shall--
       (1) advise the Secretary with respect to the Natural Area; 
     and
       (2) prepare a management plan relating to non-Federal land 
     in the Natural Area under section 6(b)(2)(A).
       (c) Membership.--The Commission shall be composed of 9 
     members appointed by the Secretary, of whom--
       (1) 1 member shall represent the Colorado State Director of 
     the Bureau of Land Management;
       (2) 1 member shall be the manager of the Alamosa National 
     Wildlife Refuge, ex officio;
       (3) 3 members shall be appointed based on the 
     recommendation of the Governor of Colorado, of whom--
       (A) 1 member shall represent the Colorado Division of 
     Wildlife;
       (B) 1 member shall represent the Colorado Division of Water 
     Resources; and

[[Page 18607]]

       (C) 1 member shall represent the Rio Grande Water 
     Conservation District; and
       (4) 4 members shall--
       (A) represent the general public;
       (B) be citizens of the local region in which the Natural 
     Area is established; and
       (C) have knowledge and experience in the fields of interest 
     relating to the preservation, restoration, and use of the 
     Natural Area.
       (d) Terms of Office.--
       (1) In general.--Except for the manager of the Alamosa 
     National Wildlife Refuge, the term of office of a member of 
     the Commission shall be 5 years.
       (2) Reappointment.--A member may be reappointed to the 
     Commission on completion of the term of office of the member.
       (e) Compensation.--A member of the Commission shall serve 
     without compensation for service on the Commission.
       (f) Chairperson.--The Commission shall elect a chairperson 
     of the Commission.
       (g) Meetings.--
       (1) In general.--The Commission shall meet at least 
     quarterly at the call of the chairperson.
       (2) Public meetings.--A meeting of the Commission shall be 
     open to the public.
       (3) Notice.--Notice of any meeting of the Commission shall 
     be published in advance of the meeting.
       (h) Technical Assistance.--The Secretary and the heads of 
     other Federal agencies shall, to the maximum extent 
     practicable, provide any information and technical services 
     requested by the Commission to assist in carrying out the 
     duties of the Commission.

     SEC. 5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this Act.
       (b) Cooperative Agreements.--
       (1) In general.--For purposes of carrying out the 
     management plan on non-Federal land in the Natural Area, the 
     Commission may enter into a cooperative agreement with the 
     State of Colorado, a political subdivision of the State, or 
     any person.
       (2) Requirements.--A cooperative agreement entered into 
     under paragraph (1) shall establish procedures for providing 
     notice to the Commission of any action proposed by the State 
     of Colorado, a political subdivision of the State, or any 
     person that may affect the implementation of the management 
     plan on non-Federal land in the Natural Area.
       (3) Effect.--A cooperative agreement entered into under 
     paragraph (1) shall not enlarge or diminish any right or duty 
     of a Federal agency under Federal law.
       (c) Prohibition of Acquisition of Real Property.--The 
     Commission may not acquire any real property or interest in 
     real property.
       (d) Implementation of Management Plan.--
       (1) In general.--The Commission shall assist the Secretary 
     in implementing the management plan by carrying out the 
     activities described in paragraph (2) to preserve and 
     interpret the natural, historic, cultural, scientific, 
     scenic, wildlife, and recreational resources of the Natural 
     Area.
       (2) Authorized activities.--In assisting with the 
     implementation of the management plan under paragraph (1), 
     the Commission may--
       (A) assist the State of Colorado in preserving State land 
     and wildlife within the Natural Area;
       (B) assist the State of Colorado and political subdivisions 
     of the State in increasing public awareness of, and 
     appreciation for, the natural, historic, scientific, scenic, 
     wildlife, and recreational resources in the Natural Area;
       (C) encourage political subdivisions of the State of 
     Colorado to adopt and implement land use policies that are 
     consistent with--
       (i) the management of the Natural Area; and
       (ii) the management plan; and
       (D) encourage and assist private landowners in the Natural 
     Area in the implementation of the management plan.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary and the Commission, in 
     coordination with appropriate agencies in the State of 
     Colorado, political subdivisions of the State, and private 
     landowners in the Natural Area, shall prepare management 
     plans for the Natural Area as provided in subsection (b).
       (b) Duties of Secretary and Commission.--
       (1) Secretary.--The Secretary shall prepare a management 
     plan relating to the management of Federal land in the 
     Natural Area.
       (2) Commission.--
       (A) In general.--The Commission shall prepare a management 
     plan relating to the management of the non-Federal land in 
     the Natural Area.
       (B) Approval or disapproval.--
       (i) In general.--The Commission shall submit to the 
     Secretary the management plan prepared under subparagraph (A) 
     for approval or disapproval.
       (ii) Action following disapproval.--If the Secretary 
     disapproves the management plan submitted under clause (i), 
     the Secretary shall--

       (I) notify the Commission of the reasons for the 
     disapproval; and
       (II) allow the Commission to submit to the Secretary 
     revisions to the management plan submitted under clause (i).

       (3) Cooperation.--The Secretary and the Commission shall 
     cooperate to ensure that the management plans relating to the 
     management of Federal land and non-Federal land are 
     consistent.
       (c) Requirements.--The management plans shall--
       (1) take into consideration Federal, State, and local plans 
     in existence on the date of enactment of this Act to present 
     a unified preservation, restoration, and conservation plan 
     for the Natural Area;
       (2) with respect to Federal land in the Natural Area--
       (A) be developed in accordance with section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712);
       (B) be consistent, to the maximum extent practicable, with 
     the management plans adopted by the Director of the Bureau of 
     Land Management for land adjacent to the Natural Area; and
       (C) be considered to be an amendment to the San Luis 
     Resource Management Plan of the Bureau of Land Management; 
     and
       (3) include--
       (A) an inventory of the resources contained in the Natural 
     Area (including a list of property in the Natural Area that 
     should be preserved, restored, managed, developed, 
     maintained, or acquired to further the purposes of the 
     Natural Area); and
       (B) a recommendation of policies for resource management, 
     including the use of intergovernmental cooperative 
     agreements, that--
       (i) protect the resources of the Natural Area; and
       (ii) provide for solitude, quiet use, and pristine natural 
     values of the Natural Area.
       (d) Publication.--The Secretary shall publish notice of the 
     management plans in the Federal Register.

     SEC. 7. ADMINISTRATION OF NATURAL AREA.

       (a) In General.--The Secretary shall administer the Federal 
     land in the Natural Area--
       (1) in accordance with--
       (A) the laws (including regulations) applicable to public 
     land; and
       (B) the management plan; and
       (2) in a manner that provides for--
       (A) the conservation, restoration, and protection of the 
     natural, historic, scientific, scenic, wildlife, and 
     recreational resources of the Natural Area;
       (B) the continued use of the Natural Area for purposes of 
     education, scientific study, and limited public recreation in 
     a manner that does not substantially impair the purposes for 
     which the Natural Area is established;
       (C) the protection of the wildlife habitat of the Natural 
     Area;
       (D) a prohibition on the construction of water storage 
     facilities in the Natural Area; and
       (E) the reduction in the use of or removal of roads in the 
     Natural Area and, to the maximum extent practicable, the 
     reduction in or prohibition against the use of motorized 
     vehicles in the Natural Area (including the removal of roads 
     and a prohibition against motorized use on Federal land in 
     the area on the western side of the Rio Grande River from 
     Lobatos Bridge south to the New Mexico State line).
       (b) Changes in Streamflow.--The Secretary is encouraged to 
     negotiate with the State of Colorado, the Rio Grande Water 
     Conservation District, and affected water users in the State 
     to determine if changes in the streamflow that are beneficial 
     to the Natural Area may be accommodated.
       (c) Private Land.--The management plan prepared under 
     section 6(b)(2)(A) shall apply to private land in the Natural 
     Area only to the extent that the private landowner agrees in 
     writing to be bound by the management plan.
       (d) Withdrawal.--Subject to valid existing rights, all 
     Federal land in the Natural Area is 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) disposition under the mineral leasing laws (including 
     geothermal leasing laws).
       (e) Acquisition of Land.--
       (1) In general.--The Secretary may acquire from willing 
     sellers by purchase, exchange, or donation land or an 
     interest in land in the Natural Area.
       (2) Administration.--Any land or interest in land acquired 
     under paragraph (1) shall be administered in accordance with 
     the management plan and this Act.
       (f) Applicable Law.--Section 5(d)(1) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1276(d)(1)) shall not apply to the 
     Natural Area.

     SEC. 8. EFFECT.

       Nothing in this Act--
       (1) amends, modifies, or is in conflict with the Rio Grande 
     Compact, consented to by Congress in the Act of May 31, 1939 
     (53 Stat. 785, ch. 155);
       (2) authorizes the regulation of private land in the 
     Natural Area;
       (3) authorizes the imposition of any mandatory streamflow 
     requirements;
       (4) creates an express or implied Federal reserved water 
     right;
       (5) imposes any Federal water quality standard within or 
     upstream of the Natural Area that is more restrictive than 
     would be applicable had the Natural Area not been 
     established; or
       (6) prevents the State of Colorado from acquiring an 
     instream flow through the Natural Area under the terms, 
     conditions, and limitations of State law to assist in 
     protecting the natural environment to the extent and for the 
     purposes authorized by State law.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

     SEC. 10. TERMINATION OF COMMISSION.

       The Commission shall terminate on the date that is 10 years 
     after the date of enactment of this Act.


[[Page 18608]]


  The committee amendment in the nature of a substitute was greed to.
  The bill (S. 1467), as amended was read the third time and passed.
  The title was amended so as to read:

       ``A bill to establish the Rio Grande Natural Area in the 
     State of Colorado, and for other purposes.''.

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