[Senate Report 106-69]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 140
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-69

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



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

                                _______
                                

     June 8 (legislative day, June 7), 1999.--Ordered to be printed

                                _______


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 323]

    The Committee on Energy and Natural Resources, to which 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, reports favorably thereon 
with an amendment and recommends 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 
        scientific 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 new 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 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. 416 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 legal 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.--Subjects 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 subjection 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 Courtaffecting property incorporated into the boundary of the 
Black Canyon of the Gunnison National Monument.
    (C) Nothing in this subsection shall prohibit the Secretary from 
accepting the voluntary termination of leases or permits for grazing 
within the park.
    (2) Within areas of the park designated as wilderness, the grazing 
of livestock, where authorized under permits in existence as of the 
date of enactment of this Act, shall be permitted to continue subject 
to such reasonable regulations, policies, and practices as the 
Secretary deems necessary, consistent with this Act, the Wilderness 
Act, and other applicable laws and National Park Service regulations.
    (3) With respect to the grazing permits and leases referenced in 
this subsection, the Secretary shall allow grazing to continue, subject 
to periodic renewal, for a period equal to the lifetime of the holder 
of the grazing permit or lease as of the date of enactment of this Act.

SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS.

    (a) Additional Acquisitions.--
          (1) In general.--The Secretary may acquire land or interests 
        in land depicted on the Map as proposed additions.
          (2) Method of acquisition.--
                  (A) In general.--Land or interests in land may be 
                acquired by--
                          (i) donation;
                          (ii) transfer;
                          (iii) purchase with donated or appropriated 
                        funds; or
                          (iv) exchange.
                  (B) Consent.--No land or interest in land may be 
                acquired without the consent of the owner of the land.
    (b) Boundary Revision.--After acquiring land for the Park, the 
Secretary shall--
          (1) revise the boundary of the Park to include newly-acquired 
        land within the boundary; and
          (2) administer newly-acquired land subject to applicable laws 
        (including regulations).
    (c) Boundary Survey.--As soon as practicable and subject to the 
availability of funds the Secretary shall complete an official boundary 
survey of the Park.
    (d) Hunting on Privately Owned Lands.--
          (1) In general.--The Secretary may permit hunting on 
        privately owned land added to the Park under this Act, subject 
        to limitations, conditions, or regulations that may be 
        prescribed by the Secretary.
          (2) Termination of authority.--On the date that the Secretary 
        acquires fee ownership of any privately owned land added to the 
        Park under this Act, the authority under paragraph (1) shall 
        terminate with respect to the privately owned land acquired.

SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON WILDERNESS.

    (a) Expansion of Black Canyon of the Gunnison.--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 
landlocated 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 Maps 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 
        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 measure

    The purpose of S. 323, as ordered reported, is to expand 
the boundaries of the Black Canyon of the Gunnison National 
Monument, to redesignate the Monument a national park, and to 
establish the Gunnison Gorge National Conservation Area, to be 
administered by the Bureau of Land Management.

                          background and need

    The Black Canyon of the Gunnison National Monument was 
established by Presidential Proclamation on March 2, 1933. The 
Monument's boundary was expanded in 1938, 1939, 1960 and 1984. 
In 1976, approximately 11,180 acres within the Monument was 
designated as wildernesses.
    Carved by the Gunnison River Black Canyon of the Gunnison 
National Monument's dark gray walls of schist and gneiss are 
penetrated only by slanting rays of sunlight. The National 
Monument contains 20,766 acres, of which all but 120 acres are 
Federally owned. It is located near Montrose, Colorado, 
approximately 250 miles south west of Denver. The park receives 
approximately 230,000 visitors per year. Black Canyon shares 
its eastern boundary with Curecanti National Recreation Area, 
which is administered by the National Park Service under a 
cooperative agreement with the Bureau of Reclamation. Curecanti 
National Recreation Area receives approximately 1.1 million 
visitors per year.
    Popular recreational activities at the Black Canyon of the 
Gunnison National Monument include: sightseeing, fishing, 
hiking, climbing, kayaking, photography, wildlife watching and 
camping. Wildlife in the area include: deer, elk, black bear, 
coyote, mountain lion, bighorn sheep, peregrine falcon and bald 
eagles. The Gunnison River provides excellent trout fishing. 
Entrance fees at the south rim and camping fees at both the 
south rim and the north rim are collected.
    Gunnison Gorge Wilderness Study Area, managed by the Bureau 
of Land Management to preserve its scenic and recreational 
values, is downstream of the Black Canyon of the Gunnison 
National Monument. It offers a wild and pristine backcountry 
experience. The Gorge offers a technical and remote experience 
for rafters, kayakers and whitewater canoeists. Recreation user 
fees are required for both day use and overnight camping. Under 
the provisions of this legislation, the vast majority of the 
Gunnison Gorge Wilderness Study Area will be designated as a 
National Conservation Area.

                          legislative history

    Similar bills were introduced by Representative Campbell in 
the 102nd Congress (H.R. 2925 on July 17, 1991) and by Senator 
Campbell in the 103rd Congress (S. 2284 on July 14, 1994) and 
104th Congress (S. 1424 on November 19, 1995). S. 1424 was 
passed by the Senate as part of the Omnibus Parks and Public 
Lands Management Act of 1996 but was subsequently deleted from 
the Omnibus Parks and Public Lands Management Act by the House 
of Representatives.
    All of the above mentioned bills, while not identical, 
would have redesignated the Black Canyon of the Gunnison 
National Monument as a national park and designated the 
Gunnison Gorge as a national conservation area.
    S. 232 was introduced January 28, 1999 by Senator Campbell. 
The Subcommittee on National Parks, Historic Preservation and 
Recreation held a hearing on S. 323 on March 24, 1999.
    At its business meeting on May 19, 1999, the Committee on 
Energy and Natural Resources ordered S. 323, favorably 
reported, as amended.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 19, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 323, as 
amended as described herein.

                          committee amendments

    During the consideration of S. 323, the Committee adopted 
an amendment in the nature of a substitute.
    In addition to making several technical, clarifying and 
conforming changes to S. 323, the amendment directs the 
Secretary of the Interior to allow the grazing of livestock 
within the park to continue where authorized under existing 
permits or leases, at no more than the current level, subject 
to applicable laws and National Park Service regulations. The 
Secretary of the Interior shall allow grazing to continue, 
subject to periodic renewal, for the lifetime of the current 
permit or lease holder.
    The amendment makes clear that with respect to a specific 
grazing permit or lease scheduled to expire according to the 
terms of a settlement by the U.S. Claims Court, the termination 
of such lease or permit is unaffected by this Act and will 
terminate on the previously scheduled date.

                      section-by-section analysis

    Section 1 designates the bill's short title as the ``Black 
Canyon of the Gunnison National Park and Gunnison Gorge 
National Conservation Area Act of 1999.''
    Section 2 lists the Congressional findings of the bill.
    Section 3 defines certain key terms used in the bill.
    Section 4(a) establishes the Black Canyon of the Gunnison 
National Park and abolishes the Black Canyon of the Gunnison 
National Monument. All of the Monument's lands and interest in 
lands are incorporated into the new national park. Funds made 
available for the national monument shall be available for the 
national park.
    Subsection (b) directs the Secretary to transfer lands 
under the jurisdiction of the Bureau of Land Management, as 
identified on the map, which are added to the park to the 
jurisdiction of the National Park Service. The park is to be 
administered in accordance with this Act and laws applicable to 
units of the National Park System. Specific reference is made 
to ``An Act to establish a National Park Service, approved 
August 25, 1916 (16 U.S.C. 1, 2-4) and ``An Act to provide for 
the preservation of historic American sites, buildings, 
objects, and antiquities of national significance, approved 
August 21, 1935 (16 U.S.C. 461 et seq.).''
    Subsection (c) directs the Secretary to file maps and a 
legal description of the park with Senate Committee on Energy 
and Natural Resources and the House Committee on Resources as 
soon as practicable after the enactment of this Act. The maps 
and legal description must be on file and available for public 
inspection in appropriate National Park Service offices.
    Subsection (d) withdraws, subject to valid existing rights, 
all Federal lands within the park from all forms of entry, 
appropriation, or disposal under the public land laws, the 
mining laws and laws relating to mineral and geothermal 
leasing.
    Subsection (e)(1)(A) directs the Secretary to allow grazing 
to continue where authorized under permits or leases in 
existence as of the date of the enactment of this Act, 
consistent with the requirements of this subsection, including 
the limitation in paragraph (3).
    Paragraph (1)(B) states that nothing in this subsection is 
to be construed to extend grazing privileges for any party or 
their assignee in any area of the park, where prior to the 
enactment of the Act, such use was scheduled to expire under 
the terms of a settlement by the U.S. Claims Court affecting 
property which had been incorporated into Black Canyon of the 
Gunnison National Monument.
    Paragraph (1)(C) allows the Secretary to accept voluntary 
termination of grazing leases or permits.
    Paragraph (2) allows grazing to continue in wilderness 
areas where authorized by permits in existence as of the date 
of the enactment of this Act, subject to regulations, policies 
and practices as the Secretary of the Interior deems necessary. 
It is to be consistent with this Act, the Wilderness Act and 
other applicable NPS laws and regulations.
    Paragraph (3) directs that grazing in the park will 
continue, subject to periodic renewal, for the lifetime of the 
holder of the permit or lease as of the date of enactment of 
this Act.
    Section 5 (a) permits acquisitions of land or interests in 
land depicted within the park by donation, transfer, purchase 
with donated or appropriated funds or exchange. No land or 
interest in land may be acquired without the consent of the 
owner.
    Subsection (b) directs the Secretary to revise the boundary 
to include new lands and to administer those lands subject to 
applicable laws and regulations.
    Subsection (c) directs the Secretary to complete an 
official boundary survey as soon as practicable, subject to the 
availability of funds.
    Subsection (d) permits hunting on privately owned lands 
added to the park, subject to prescribed limitations, 
conditions or regulations until the Secretary acquires fee 
ownership of such lands.
    Section 6 expands the Black Canyon of the Gunnison 
Wilderness, established by Public Law 94-567 to include land 
depicted on the map as ``Tract A'' and consisting of 
approximately 4,419 acres. It is to be administered as a 
component of the park.
    Section 7 (a) establishes the Gunnison Gorge National 
Conservation Area, consisting of approximately 57,725 acres.
    Subsection (b) directs that it be managed by the Bureau of 
Land Management in accordance with this Act, the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
other applicable laws.
    Subsection (c) withdraws land from all forms of entry, 
appropriation or disposal under public land laws; location, 
entry and patent under the mining laws; and operation of the 
mineral leasing and geothermal leasing laws, subject to valid 
existing rights.
    Subsection (d) permits hunting, trapping and fishing within 
the conservation area in accordance with State and Federal 
laws. However, after consultation with the Colorado Division of 
Wildlife, regulations may be issued designating zones, and/or 
establishing periods where no hunting or trapping shall be 
permitted due to public safety, administration or public use 
and enjoyment.
    Subsection (e) permits the use of motorized vehicles on 
established roadways and to the extent the use is compatible 
with off-highway designations described in the management plan 
in effect of the date of the enactment of the act, or to the 
extent the use is practicable under a plan prepared under this 
Act.
    Subsection (f)(1) directs the Secretary to prepare a 
comprehensive long-range management plan for the Conservation 
Area within 4 years and to transmit the plan to the Senate 
Committee on Energy and Natural Resources and to the House 
Committee on Resources.
    Paragraph (2) specifies the plan is to describe appropriate 
uses and management of the Conservation Area and that it may 
incorporate appropriate decisions contained in plans completed 
prior to the date of enactment of this Act, including wildlife 
habitat management plans. It is to be prepared in close 
consultation with appropriate Federal, State, county and local 
agencies and may incorporate appropriate plans, decisions or 
information developed prior to the enactment of act.
    Subsection (g) permits the Secretary to make revisions to 
the boundary of the Conservation Area.
    Section 8 (a) designates the Gunnison Gorge Wilderness 
Area, approximately 17,700 acres, as a component of the 
National Wilderness Preservation System. An 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)) is released from 
wilderness study status and shall not be subject to section 
603(c) of that Act.
    Subsection (b) states that subject to valid rights in 
existence on the date of enactment of this Act, the wilderness 
area is to be administered in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.) except that any reference to the 
effective date of the Wilderness Act is deemed to be a 
reference to the effective date of this Act. Any reference to 
the Secretary of Agriculture is to be a reference to the 
Secretary of the Interior.
    Subsection (c) provides that nothing in this Act or the 
Wilderness Act shall affect the jurisdiction of the State of 
Colorado with respect to wildlife and fish on public land.
    Subsection (d) directs the Secretary to file maps and a 
legal description of the Gunnison Gorge Wilderness with the 
Senate Committee on Energy and Natural Resources and the House 
of Representatives Committee on Resources as soon as 
practicable after the enactment of this Act. Corrections for 
clerical and typographical errors may be made. The map and 
legal description are to be on file and available for public 
inspection in the office of the Director of the BLM.
    Section 9 withdraws land identified on the maps as ``Tract 
B'' from all forms of entry, appropriation or disposal under 
public land laws; location, entry and patent under the mining 
laws; and operation of the mineral leasing and geothermal 
leasing laws.
    Section 10 states that nothing in this act shall constitute 
any reservation of water for any purpose or affect water rights 
in existence prior to the date of enactment of this Act, 
including rights held by the United States. Any new water 
rights shall be in accordance with the procedural and 
substantive requirements of the laws of the State of Colorado. 
The committee notes that whatever water rights are held by the 
United States for the Black Canyon of the Gunnison National 
Monument, including purposes and priority dates, are not 
affected by the redesignation of the monument as a national 
park.
    Section 11 (a) instructs the Secretary, acting through the 
Director of the National Park Service, within 3 years, to 
conduct a study concerning land protection and open space 
within and adjacent to Curecanti National Recreation Area.
    Subsection (b) requires the study to address the natural, 
cultural, recreational and scenic value and character of the 
land; identify alternatives to protect the land; recommend a 
variety of economically feasible and viable tools to protect 
the land; and estimate the associated costs recommended by the 
study.
    Subsection (c) directs the Secretary, within 3 years, to 
submit a report to Congress that contains the findings and 
makes recommendations in respect to the study required by 
subsection (a) and regarding action that may be taken with 
respect to the land described in the report.
    Subsection (d) authorizes the Secretary to acquire 
approximately 1,065 acres of privately owned land known as the 
``Hall and Fitti properties.'' It permits acquisitions of land 
or interests in land depicted on the map through donation, 
purchase with donated or appropriated funds or exchange. No 
land may be acquired without the consent of the owner. It also 
directs the Secretary to revise the boundary of Curecanti 
National Recreation Area to include new lands and to administer 
those lands subject to applicable laws and regulations.
    Section 12 authorizes appropriations necessary to carry out 
the Act.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

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 bill 
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 bill 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 bill 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
    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 bill, 
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 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 bill 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.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 323. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 323, as ordered reported.

                        executive communications

    At the Subcommittee hearing a representative from the 
National Park Service testified in support of S. 323, if 
amended.

Statement of Stephen Saunders, Deputy Assistant Secretary for Fish and 
             Wildlife and Parks, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you to address S. 323, a bill 
to redesignate Black Canyon of the Gunnison National Monument 
as a national park and to establish the Gunnison Gorge National 
Conservation Area. We support this legislation with the 
amendments mentioned in this testimony. We further would like 
to work with the committee on other minor technical changes.
    If enacted, S. 323 would authorize the expansion of Black 
Canyon of the Gunnison National Monument and redesignate the 
monument as a national park. The bill would establish the 
Gunnison Gorge National Conservation Area, and authorize a 
study of the lands within and adjacent to Curecanti National 
Recreation Area. The bill would also formally designate 
recommended wilderness within Black Canyon National Park and 
the Gunnison Gorge NCA.
    We thank Senator Campbell for his continued interest and 
for his support in developing legislation that benefits the 
community and remains true to the spirit and mission of both 
the National Park Service and the Bureau of Land Management.


    redesignation of black canyon of the gunnison national monument


    Black Canyon of the Gunnison National Monument was 
established by Presidential proclamation in 1933 to preserve 
the spectacular gorges of the Gunnison River. And while 
legislation has since expanded and refined the monument's 
boundary and designated approximately 11,000 acres of 
wilderness, the significant resources have remained the gorge 
and canyon walls. In 1989, in response to P.L. 100-446, the 
National Park Service prepared the ``Resource/Boundary 
Evaluation for Lands Adjacent to the Black Canyon of the 
Gunnison National Monument''. The resource assessment 
determined that the lower gorge of the Gunnison River contained 
significant natural resources and opportunities for public 
enjoyment. It was also determined that these resources were 
directly related to the purpose for which the monument was 
established but were not represented within Black Canyon. The 
resources primarily involve geologic formations hundreds of 
feet thick that have eroded away from the monument portion of 
the landscape. These features would add a nationally 
significant and geologic aspect to the monument that is 
currently non-existent.
    One of the study's alternatives recommended expanding the 
monument's boundaries to include these features and 
redesignation as a national park. The alternative was based 
upon long-standing NPS management policy and practice that a 
national park must include size, unique natural qualities and 
superlative scenery, as well as recreational opportunities. 
During the public involvement process of the study, the 
question was posed as to whether or not it was possible to 
change the status to a national park without additional 
resources being added. The National Park Service responded in 
that study and since, that we could not support a change in 
designation for the sake of ``greater status'' or without the 
addition of downstream lands to increase the size and diversity 
of the monument. At the same time, public opinion has generally 
supported the continued management of lands and existing 
recreational activities by the Bureau of Land Management in the 
Gunnison Gorge.
    Since the completion of that study, the National Park 
Service and the Bureau of Land Management have worked on a 
variety of proposals to accomplish these objectives. We believe 
S. 323 does accomplish the balance we have been seeking. 
Section 4 of the legislation would add almost 4,500 acres of 
river, inner canyon and uplands downstream of the monument now 
managed by the Bureau of Land Management to Black Canyon of the 
Gunnison National Monument. These added lands contain both 
resource and recreational diversity. At the area called Signal 
Hill, visitors would gain a new vantage of the incredible 
canyon below which some say rivals the Grand Canyon. In section 
5, the Secretary is authorized to purchase three privately 
owned tracts comprising about 2,500 acres that are critical to 
the protection of the monument and the experience of the more 
than 200,000 visitors who come to the area each year. The 
largest tract is adjacent to the South Rim Drive and forms the 
scenic backdrop for the canyon rim. Two smaller tracts would 
protect the rural nature of the monument and offer potential 
new recreational opportunities to the extraordinary Red Rock 
Canyon area.
    We believe these additions qualify Black Canyon for a 
change in designation. An area that qualifies for national park 
status represents an area that contains a wide range of 
resources, all of which have been determined to be nationally 
significant. We believe the proposal before you does that. The 
National Park Service and Bureau of Land Management will work 
together to manage both sites for the benefit of visitors and 
protection of these outstanding resources.


       creation of the gunnison gorge national conservation area


    The BLM-managed Gunnison Gorge and its surrounding lands 
offer outstanding scenery, backcountry hiking, camping and 
horseback riding, exceptional whitewater boating and world-
class Gold Medal trout fishing in a remote and spectacular wild 
river canyon. The area is home to many species of wildlife 
including bighorn sheep, mule deer, elk, river otter, ringtail 
cats, mountains lion, bald and golden eagles, osprey, chukar, 
and peregrine falcon. The area combines a wide range of natural 
beauty, outstanding wilderness qualities, unique geologic 
features, sensitive riparian areas, critical wildlife habitat, 
and diverse recreational opportunities. S. 323 will allow the 
BLM to preserve these important aspects of the area for 
generations to come.
    Section 7 of the legislation would establish the Gunnison 
Gorge National Conservation Area (NCA). The NCA would include 
over 57,000 acres. This area is currently managed as a Special 
Recreation Management Area and no major change in uses would be 
anticipated with the NCA designation. The designation would 
protect these lands for the future. Current users of the NCA 
area are primarily recreationists. This includes commercial and 
private boaters, anglers, mountain bikers, hikers and hunters.
    The only significant non-recreational commercial use within 
the proposed NCA is grazing. The BLM authorizes nine grazing 
permittees with a total of 3,800 AUMs (primarily winter/spring 
sheep permits). We do not expect any changes in grazing within 
the NCA.
    The area has also been the site of a successful Recreation 
Fee Demonstration Project. A fee is charged at the four 
trailheads entering the gorge. In 1998, the demonstration 
project raised nearly $20,000. Those funds are being used for 
trail upgrades, riparian improvement projects (primarily weed 
removal), facility repairs and an interpretive trail program 
involving local schoolchildren. Recognizing the importance of 
the area to the local community, a seasonal pass is offered 
which may be obtained either by paying a fee or providing 
volunteer service. Last year, more than 40 individuals took 
advantage of the latter option.
    Section 8 of the bill creates the Gunnison Gorge Wilderness 
within the NCA. The wilderness would comprise slightly less 
than 18,000 acres. These lands (with one small exception) are 
currently identified as a Wilderness Study Area (WSA) and have 
been managed under interim management criteria since 1979. The 
small Smith Fork area in the northeastern section of the 
proposed wilderness comprises 1,294 acres. While not part of 
the WSA, it is managed under Interim Management Policy (IMP) 
criteria and in 1991 was recommended by the BLM as suitable for 
wilderness designation.
    One parcel of approximately 300 acres is being removed from 
WSA status. This parcel, described in section 9(a)(2)(A) of the 
bill, is not appropriate for wilderness designation. It is 
unmanageable in terms of IMP criteria and is the location of a 
popular motorcycle trail. The bill would place this parcel 
within the NCA, giving it the protection necessary while 
preserving its use for off-highway vehicles.
    Additionally, in section 6 of the bill a 4,460 acres parcel 
currently managed as part of the WSA would be transferred to 
the National Park Service (NPS) and will be included in the 
existing Black Canyon of the Gunnison Wilderness. This area is 
largely inaccessible except by raft or kayak and is upstream of 
the main river put-in at the base of the Chukar Trail. The BLM 
and NPS have agreed to work cooperatively to develop management 
agreements for this area.
    Section 9 of the legislation withdraws approximately 1,554 
acres of BLM-managed public lands from future entry under the 
mineral and public lands laws. This will prohibit any new 
development of these lands, popularly known as Jones Draw. 
Because these lands are a popular local hunting area, they are 
not appropriate for inclusion within the park. However, the BLM 
agrees that it is important to protect these lands. This 
withdrawal will have no effect on any current uses of these 
lands, including the predominant use--hunting. Additionally, we 
have two grazing permittees in that area who will be unaffected 
by the withdrawal.
    The BLM is recommending four minor amendments of a 
technical nature. The first amendment would change the title of 
subsection 7(d) from ``Permitted Uses'' to ``Hunting, Trapping 
and Fishing.'' This change in title more accurately reflects 
what the section addresses and eliminates any confusion that 
uses not listed in this section might not be allowed.
    Our second amendment is to subsection 7(f)(E). We propose 
replacing the word ``shall'' with ``may''. We believe ``may'' 
more accurately reflects the intent and would not prohibit the 
use of information developed after the date of enactment.
    Our third amendment, to subsection 8(b), insures that 
proper references are made to the Wilderness Act. Our final 
proposed amendment would add a new subsection 9(d), which 
requires the development of maps and legal descriptions for the 
Gunnison Gorge Wilderness following passage. This is standard 
language typically included in wilderness legislation.


         land use study for curecanti national recreation area


    Between 1965 and 1976 three dams (Wayne N. Aspinall Unit) 
were completed that created three lakes on the Gunnison River 
to provide Upper Basin water storage, irrigation and 
hydroelectric power as part of the Upper Colorado River Storage 
Project (P.L. 84-485, April 11, 1956). The project also created 
recreation opportunities and fish and wildlife conservation 
programs. These lakes and surrounding cliffs and mesas form the 
nucleus of Curecanti National Recreation Area.
    The National Park Service has managed Curecanti National 
Recreation Area under a Secretarial Agreement since 1965. In a 
subsequent agreement between the Bureau of Reclamation and the 
National Park Service agreed that it would recommend 
legislation to formally establish the national recreation area. 
Legislation to accomplish this has been introduced several 
times, beginning in 1991. Each time there was no final action.
    Section 11 of S. 323 does not call for the establishment by 
statute of the Curecanti National Recreation Area. Instead, it 
proposes a study of the area to determine the best and most 
effective protection strategies. The National Park Service 
proposes to work closely with the two county governments, 
appropriate agencies, interested parties, and the public to 
evaluate natural, cultural and recreational resource needs, 
including scenic resources, and to consider alternative 
approaches for best protecting these resources. So much has 
changed since 1965 that it would be more appropriate to 
formally establish Curecanti NRA following further evaluation 
of resources, changing uses, and changed expectations. Section 
11 would also authorize the acquisition of two properties from 
willing sellers.
    The NPS is recommending two amendments to the legislation. 
The first amendment would address a minor boundary encroachment 
issue by allowing the Secretary to sell or exchange land 
parcels of ten acres or less where persons have encroached on 
the recreation area who in good faith relied on a survey, title 
search or other land description that indicated no such 
encroachment. This authority would expire two years after 
enactment of this act or completion of an official boundary 
survey, whichever is later. We will be glad to provide the 
committee with suggested language for this amendment. The 
second amendment is to section 11(d)(1), where we recommend 
including the most recent map reference, by changing the date 
to read 1/25/99.
    We welcome the opportunity to work with the committee and 
Senator Campbell. We appreciate the committee's interest in 
this legislation, and look forward to working with you on our 
technical corrections. I would be happy to respond to any 
questions that you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 323, as ordered 
reported.

                                
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