[House Report 106-307]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-307

======================================================================



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

                                _______
                                

 September 8, 1999.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 323]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 323) to redesignate the Black Canyon of the Gunnison 
National Monument as a national park and establish the Gunnison 
Gorge National Conservation Area, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

    The amendment is as follows:
    Strike out all after the enacting clause and insert 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--
          (A) with respect to a permit or lease issued to an 
        individual, for the lifetime of the individual who was the 
        holder of the permit or lease on the date of the enactment of 
        this Act; and
          (B) with respect to a permit or lease issued to a 
        partnership, corporation, or other legal entity, for a period 
        which shall terminate on the same date that the last permit or 
        lease held under subparagraph (A) terminates, unless the 
        partnership, corporation, or legal entity dissolves or 
        terminates before such time, in which case the permit or lease 
        shall terminate with the partnership, corporation, or legal 
        entity.

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, 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.

                          Purpose of The Bill

    The purpose of S. 323 is to redesignate the Black Canyon of 
the Gunnison National Monument as a national park and establish 
the Gunnison Gorge National Conservation Area, and for other 
purposes.

                  Background and Need For Legislation

    S. 323 redesignates the Black Canyon of the Gunnison 
National Monument as a new national park unit, which will be 
known as the Black Canyon of the Gunnison National Park. This 
bill also expands Black Canyon of the Gunnison Wilderness Area 
within the new park unit by approximately 4400 acres and 
directs the National Park Service to conduct a study concerning 
land protection and open space within and adjacent to the 
Curencanti National Recreation Area. Most of the land 
designations are incorporations of the land and interests 
within the current boundary of the Black Canyon of the Gunnison 
National Monument established by Public Law 98-357 in 1984. The 
new park unit will also be comprised of other lands currently 
administered by the Bureau of Land Management which will 
transfer the identified additional lands to the National Park 
Service. The Secretary of the Interior, acting through the 
director of the National Park Service, may permit grazing where 
that use exists as of the day of enactment and shall prepare a 
grazing management plan to administer grazing activities within 
the park. Furthermore, hunting on privately-owned land within 
the boundaries of park may be permitted. The Secretary may 
acquire lands or interests in lands by donation, transfer, 
purchase with donated or appropriated funds, or exchange, but 
no land or interests in land may be acquired without the 
consent of the owner of the land. Not later than five years 
after the date of enactment of this bill, the Secretary shall 
complete an official boundary survey of the park.
    The bill also establishes the Gunnison Gorge National 
Conservation Area (approximately 57,725 acres) and designates a 
new wilderness area within the newly established National 
Conservation Area, the Gunnison Gorge Wilderness (approximately 
17,700 aces). These areas will be administered by the Bureau of 
Land Management. Subject to valid existing rights, federal land 
and interests within the conservation area acquired by the 
United States will be withdrawn from entry, appropriation, or 
disposal under public land laws; location, entry, and patent 
under the mining laws; and operation of mineral leasing and 
geothermal laws. The Secretary, however, can permit hunting, 
trapping, fishing, and the use of motorized vehicles within the 
conservation area. Within four years after the date of 
enactment of this bill, the Secretary shall develop a 
comprehensive protection and management plan for the 
conservation area and submit it to Congress.
    During Full Committee consideration of S. 323 an amendment 
was offered by Congressman Mark Udall (D-CO) who had concerns 
over water rights as stated in section 10 of the bill. The 
Committee wishes to clarify the intent of the bill and address 
these concerns. Subsection 10(a)(1) provides that nothing in 
the bill shall ``constitute an express or implied reservation 
of water for any purpose''. Subsection 10(a)(2) provides that 
the bill will not affect the water rights held or claimed by 
the United States with respect to the Black Canyon of the 
Gunnison National Monument as of the date of the bill's 
enactment. This subsection is intended to assure that the 
existing water rights of the United States, conditional or 
absolute, and claims therefor, are preserved unimpaired. It is 
the Committee's intent and expectation that this legislation 
will neither expand nor diminish the water rights held by the 
United States for the benefit of the monument and, upon 
enactment of this legislation, the national park. The water 
rights and claims held by the United States will retain both 
their priority date and purposes.
    The Committee also notes that subsection 10(b) provides 
that any new federal water rights that the Secretary of the 
Interior determines to be necessary for the purposes of the 
bill shall be established in accordance with the procedural and 
substantive requirements of Colorado law. In this respect, the 
Committee has taken into consideration that, in 1971, the 
United States filed applications for water rights for the Black 
Canyon of the Gunnison National Monument as part of a general 
stream adjudication. The United States has not yet submitted, 
and no court has entered, a final decree on this adjudication. 
Thus, the United States' water rights on the Gunnison River for 
the Black Canyon of the Gunnison National Monument often are 
referred to as ``conditional'' rights.
    The Committee also acknowledges that the purpose of the 
Black Canyon of the Gunnison National Monument is to conserve 
and maintain the scenic, aesthetic, natural, and historic 
objects of the monument, as well as its wildlife, in order that 
the monument might provide a source of recreation and enjoyment 
for all generations of citizens of the United States. Within 
this context the purpose permits the utilization of water under 
the reservation doctrine in the form of direct flow and storage 
rights, transportation rights, and well rights. Further, the 
water utilization includes recreational and developmental uses, 
conservation, management of wildlife and habitat, wilderness 
preservation (where designated), minimum stream flows (for the 
Gunnison River), along with scenic, aesthetic, and other public 
values. It is the Committee's view that because these rights 
were established for the benefit of the national monument, and 
because this legislation transfers these and other interests, 
unimpaired, to the newly established Black Canyon National 
Park, no reserved right is necessary to protect the water-
related values of the newly established national park, 
conservation area, or wilderness designations.

                            Committee Action

    S. 323 was introduced on January 28, 1999, by Senator Ben 
Nighthorse Campbell (R-CO). Companion legislation, H.R. 1165, 
was introduced in the House of Representatives by Congressman 
Scott McInnis (R-CO). The Senate passed S. 323 on July 1, 1999, 
and the bill was referred to the Committee on Resources. On 
July 21, 1999 the Full Resources Committee met to consider S. 
323. Congressman James V. Hansen (R-UT) offered an amendment 
which addressed grazing permits issued to corporations within 
the new park unit. The amendment was adopted by voice vote. 
Commissioner Carlos Romero-Barcelo (D-PR) offered an amendment 
dealing with off-road vehicles which failed by voice vote. 
Congressman Mark Udall (D-CO) offered two amendments the first 
of which, dealing with a condemnation provision, was ruled out 
of order on germaneness. The second Udall amendment, dealing 
with water rights, was offered and then withdrawn by 
Congressman Udall. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            Committee Oversight Findings And Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 323, the Black 
Canyon of the Gunnison National Park and Gunnison Gorge 
National Conservation Area Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 323--Black Canyon of the Gunnison National Park and Gunnison Gorge 
        National Conservation Area Act of 1999

    Summary: Assuming appropriation of the necessary amounts, 
CBO estimates that implementing S. 323 would cost the federal 
government $5.5 million over the next five years. The act would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. S. 323 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would have no 
significant impact on the budgets of state, local or tribal 
governments.
    Description of the bill's major provisions: S. 323 would 
redesignate the Black Canyon of the Gunnison National Monument 
in Colorado as the Black Canyon of the Gunnison National Park. 
The act would direct the Secretary of the Interior to transfer 
jurisdiction over about 7,000 acres adjacent to the existing 
national monument from the Bureau of Land Management (BLM) to 
the National Park Service (NPS) for incorporation into the new 
park. Subject to existing rights, all federal acreage within 
the park, including that transferred from the BLM, would be 
withdrawn from entry, appropriation, and disposal under public 
land and mining laws, and thus could not be sold, leased, or 
otherwise used for commercial purposes. (Grazing within the 
park, however, would continue until existing permits expire.)
    Section 5 of the act would authorize the NPS to acquire up 
to approximately 2,500 additional acres for the park by 
donation, purchase, transfer, or exchange. The NPS would revise 
the boundaries of the park once it acquires such lands and 
would conduct an official boundary survey of the park as soon 
as possible thereafter. Section 6 would expand the Black Canyon 
of the Gunnison Wilderness to include an additional 4,419 acres 
of land. This section also would direct the NPS to administer 
the Black Canyon of the Gunnison Wilderness as a component of 
the park.
    S. 323 also would establish the Gunnison Gorge National 
Conservation Area (NCA). Section 7 would direct the BLM to 
administer the 57,725-acre NCA in accordance with this act, the 
Federal Land Policy and Management Act of 1976, and other 
applicable laws. Lands within the NCA would be withdrawn from 
entry, appropriation, and disposal under public land and mining 
laws. This section would require the BLM to develop a 
comprehensive plan for protection and management of the NCA. If 
the agency acquires land for the NCA (as it may under existing 
authority), it would revise the area's boundaries accordingly. 
Also, section 8 would designate about 17,700 acres of land 
within the NCA as the Gunnison Gorge Wilderness. Section 9 also 
would protect other BLM lands outside of the NCA by withdrawing 
them under public land and mining laws.
    Section 11 would require the NPS to conduct a study of the 
areas adjacent to the Curecanti National Recreation Area (NRA) 
in order to assess resources and identify alternatives to 
protect them. This section would permit the NPS to acquire two 
tracts of land for inclusion in the NRA before the land 
protection study is completed.
    Finally, section 12 would authorize the appropriation of 
whatever amounts are necessary to implement the legislation.
    Estimated cost to the Federal Government: CBO estimates 
that the NPS and the BLM would spend a total of about $1 
million to complete the studies and plans required by S. 323 
over the next three or four years. In addition, we estimate 
that the NPS would spend about $3 million to acquire land at 
Black Canyon and Curecanti. (BLM may also acquire land for the 
NCA, but the agency already has authority to acquire property 
in this area under other statutes.) CBO estimates that the cost 
of developing property acquired at the two park units would not 
exceed $1.5 million in total. We estimate that additional 
annual expenses to operate the NCA and the two park units once 
the act has been implemented would not be significant. All 
estimates are based on information provided by the NPS and the 
BLM. For purposes of these estimates, CBO assumes that the 
necessary amounts would be appropriated as required.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 323 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Previous CBO estimate: On June 4, 1999, CBO prepared a cost 
estimate for S. 323 as ordered reported by the Senate Committee 
on Energy and Natural Resources. The two versions of the 
legislation are very similar, and the two estimates are 
identical.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

               preemption of state, local, or tribal law

    This bill is not intended to preempt State, local, or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    S. 323 is important legislation, the basic intent of which 
we fully support. This measure will abolish the Black Canyon of 
the Gunnison National Monument and create in its place a larger 
national park. In addition, the legislation will create a 
57,000-acre national conservation area (NCA), more than 17,000 
acres of which will be designated wilderness. The Monument's 
redesignation and expansion, as well as the designation of the 
NCA and wilderness, will better protect the natural and 
cultural resources which make this area unique.
    Importantly, this legislation includes a provision allowing 
grazing within the new park boundaries to continue only during 
the lifetime of the current grazing lease-holders. This 
``sunset'' language is an equitable solution to what might have 
been a contentious problem created by the transfer of land from 
the Bureau of Land Management (BLM) to the National Park 
Service.
    However, one aspect of S. 323 continues to raise serious 
concerns and it is our hope that this remaining issue will be 
resolved during consideration of this legislation in the full 
House. A large portion of the BLM lands to be included in the 
new NCA are currently designated for use by off-road vehicles 
(ORVs). This area is managed according to an existing 
management plan, and section 7(e)(1) of this legislation 
specifies that this area will continue to be available for ORV 
use after these lands are designated as part of the NCA. While 
ORV use within an area set aside to conserve natural and 
cultural resources is problematic, the BLM assures us that this 
ORV use can continue to be managed in such a way as to be 
compatible with the goals of the new NCA.
    However, section 7(e)(2) of the bill goes on to contemplate 
expansion of ORV use into any area where such use is deemed 
``practicable'' under the new management plan. Given that the 
existing level of ORV use is not ideal, expansion of such use 
is ill-advised and will undermine the very resources S. 323 
seeks to protect. In no other NCA in the country are off-road 
vehicles allowed to rumble over any area where their use is 
deemed ``practicable.''
    S. 323 should be amended to make clear that, because the 
lands will now be part of a national conservation area, the use 
of off-road-vehicles will not be expanded beyond existing 
limits.

                                   George Miller.
                                   Carlos Romero-Barcelo.
                                   Bruce Vento.
                                   Rush Holt.
                                   Mark Udall.

                                  
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