[Senate Report 111-317]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 603
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-317

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



 
                    CHIMNEY ROCK NATIONAL MONUMENT 
                           ESTABLISHMENT ACT

                                _______
                                

               September 27, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 3303]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3303) to establish the Chimney Rock 
National Monument in the State of Colorado, 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 ``Chimney Rock National Monument 
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) National monument.--The term ``national monument'' means 
        the Chimney Rock National Monument established by section 3(a).
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (3) State.--The term ``State'' means the State of Colorado.

SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

    (a) Establishment.--There is established in the tate the Chimney 
Rock National Monument--
          (1) to preserve, protect, and restore the archeological, 
        cultural, historic, geologic, hydrologic, natural, educational, 
        and scenic resources of Chimney Rock and adjacent land; and
          (2) to provide for public interpretation and recreation 
        consistent with the protection of the resources described in 
        paragraph (1).
    (b) Boundaries.--
          (1) In general.--The national monument shall consist of 
        approximately 4,726 acres of land and interests in land, as 
        generally depicted on the map entitled ``Boundary Map, Chimney 
        Rock National Monument'' and dated January 5, 2010.
          (2) Minor adjustments.--The Secretary may make minor 
        adjustments to the boundary of the national monument to reflect 
        the inclusion of significant archeological resources discovered 
        after the date of enactment of this Act on adjacent National 
        Forest System land.
        (3) Availability of map.--The map described in paragraph (1) 
        shall be on file and available for public inspection in the 
        appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall--
          (1) administer the national monument--
                  (A) in furtherance of the purposes for which the 
                national monument was established; and
                  (B) in accordance with--
                          (i) this Act; and
                          (ii) any laws generally applicable to the 
                        National Forest System; and
          (2) allow only such uses of the national monument that the 
        Secretary determines would further the purposes described in 
        section 3(a).
    (b) Tribal Uses.--
          (1) In general.--The Secretary shall administer the national 
        monument in accordance with--
                  (A) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.); and
                  (B) the policy described in Public Law 95-341 
                (commonly known as the ``American Indian Religious 
                Freedom Act'') (42 U.S.C. 1996).
          (2) Traditional uses.--Subject to any terms and conditions 
        the Secretary determines to be necessary and in accordance with 
        applicable law, the Secretary shall allow for the continued use 
        of the national monument by members of Indian tribes--
                  (A) for traditional ceremonies; and
                  (B) as a source of traditional plants and other 
                materials.
    (c) Vegetation Management.--The Secretary may carry out vegetation 
management treatments within the national monument, except that the 
harvesting of timber shall only be used if the Secretary determines 
that the harvesting is necessary for--
          (1) ecosystem restoration in furtherance of section 3(a); or
          (2) the control of fire, insects, or diseases.
    (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles 
and mountain bikes in the national monument shall be limited to the 
roads and trails identified by the Secretary as appropriate for the use 
of motor vehicles and mountain bikes.
    (e) Grazing.--The Secretary shall permit grazing within the 
national monument, where established before the date of enactment of 
this Act--
          (1) subject to all applicable laws (including regulations); 
        and
          (2) consistent with the purposes described in section 3(a).
    (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes 
the Secretary from renewing or authorizing the upgrading of a utility 
right-of-way in existence as of the date of enactment of this Act 
through the national monument--
          (1) in accordance with--
                  (A) the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                  (B) any other applicable law; and
          (2) subject to such terms and conditions as the Secretary 
        determines to be appropriate.
    (g) Education and Interpretive Center.--The Secretary may develop 
and construct an education and interpretive center to interpret the 
scientific and cultural re-Sources of the national monument for the 
public.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with Indian tribes with a 
cultural or historic tie to Chimney Rock, shall develop a management 
plan for the national monument.
    (b) Public Comment.--In developing the management plan, the 
Secretary shall provide an opportunity for public comment by--
          (1) State and local governments;
          (2) tribal governments; and
          (3) any other interested organizations and individuals.

SEC. 6. LAND ACQUISITION.

    The Secretary may acquire land and any interest in land within or 
adjacent to the boundary of the national monument by--
          (1) purchase from willing sellers with donated or 
        appropriated fluids;
          (2) donation; or
          (3) exchange.

SEC. 7. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, all Federal land 
within the national monument (including any land or interest in land 
acquired after the date of enactment of this Act) is withdrawn from--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) subject to subsection (b), operation of the mineral 
        leasing, mineral materials, and geothermal leasing laws.
    (b) Limitation.--Notwithstanding subsection 1(a)(3), the Federal 
land is not withdrawn for the purposes of issuance of gas pipeline 
rights-of-way within easements in existence as of the date of enactment 
of this Act.

SEC. 8. EFFECT.

    (a) Water Rights.--
          (1) In general.--Nothing in this Act affects any valid water 
        rights, including water rights held by the United States.
          (2) Reserved water right.--The designation of the national 
        monument does not create a Federal reserved water right.
    (b) Tribal Rights.--Nothing in this Act affects--
          (1) the rights of any Indian tribe on Indian land;
          (2) any individually-held trust land or Indian allotment; or
          (3) any treaty rights providing for nonexclusive access to or 
        within the national monument by members of Indian tribes for 
        traditional and cultural purposes.
    (c) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to the management of fish and 
wildlife on public land in the State.
    (d) Adjacent Uses.--Nothing in this Act--
          (1) creates a protective perimeter or buffer zone around the 
        national monument; or
          (2) affects private property outside of the boundary of the 
        national monument.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

                                PURPOSE

    The purpose of S. 3303 is to establish the 4,726-acre 
Chimney Rock National Monument in the San Juan National Forest 
in the State of Colorado.

                          BACKGROUND AND NEED

    The Chacoan people lived in what is now northwestern New 
Mexico and southern Colorado within the San Juan Basin from the 
mid 800s A.D. through approximately 1200 A.D. The cultural hub 
of this ancestral Puebloan culture was located in Chaco Canyon 
in New Mexico, and the archeological remains are protected in 
Chaco Culture National Historical Park. The Chacoan people 
built massive stone buildings, known as Great Houses, which 
were several stories high, and contained hundreds of rooms. 
Several Great Houses were built in the immediate vicinity of 
Chaco Canyon, but there are dozens of Chacoan outlier sites as 
well.
    The Chimney Rock archeological area in southwestern 
Colorado is the northernmost and highest elevation of these 
Chacoan sites. The Chimney Rock site includes two twin rock 
spires. The archeological area contains many homes and 
ceremonial buildings high above the valley floor, which are 
believed to have been built to be near the sacred twin rock 
pinnacles. Among the identified buildings is the Great House 
Pueblo. The site was designated as a National Historic Landmark 
in 1970.
    Like many Chacoan sites, the Great House was built near a 
site of astronomical importance. Approximately every 18 years, 
as seen from the Great Pueblo, the moon rises between the twin 
spires during an event known as the Northern Lunar Standstill. 
The site remains of cultural significance to many descendent 
tribes.
    To protect the resources at Chimney Rock, S. 3303 would 
designate the area as a national monument, to be administered 
by the Forest Service.

                          LEGISLATIVE HISTORY

    S. 3303 was introduced by Senators Bennet and Udall of 
Colorado on May 4, 2010. The Subcommittee on National Parks 
held a hearing on the bill on May 19, 2010. At its business 
meeting on July 21, 2010, the Committee on Energy and Natural 
Resources ordered S. 3303 favorably reported with an amendment 
in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 3303, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 3303, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
strikes the Congressional findings, references an updated map 
depicting the boundaries of the national monument, makes 
several minor modifications to make the management language for 
the national monument consistent with other similar 
designations, and makes other technical and conforming changes. 
The amendment is described in detail in the section-by-section 
analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Chimney Rock 
National Monument Establishment Act''.
    Section 2 defines key terms used in the bill.
    Section 3(a) establishes the Chimney Rock National Monument 
(Monument) to protect, preserve, and restore the resources of 
the Monument and to provide for public education and 
recreation.
    Subsection (b) defines the boundaries of the Monument and 
allows the Secretary of Agriculture (Secretary) to make minor 
adjustments to include significant archeological resources 
discovered after enactment on adjacent Forest Service lands.
    Section 4(a) directs the Secretary to administer the 
Monument in furtherance of the purposes for which it is 
established and in accordance with applicable laws.
    Subsection (b) provides for tribal uses and requires the 
Secretary to administer the Monument in accordance with the 
referenced laws.
    Subsection (c) allows the Secretary to carry out vegetation 
management activities within the Monument necessary to provide 
for the ecosystem restoration, fire, disease, and insect 
control.
    Subsection (d) restricts motor vehicle and mountain bike 
access to roads and trails identified by the Secretary as 
appropriate for such use.
    Subsection (e) directs the Secretary to permit grazing 
within the Monument where it was previously established, 
consistent with the purposes of the Monument and in accordance 
with all applicable laws.
    Subsection (f) provides for utility right-of-way upgrades 
in accordance with applicable laws and subject to terms and 
conditions determined appropriate by the Secretary.
    Subsection (g) authorizes the development and construction 
of an education center.
    Section 5 directs the Secretary to develop a management 
plan for the Monument in consultation with Indian tribes with a 
cultural or historic tie to Chimney Rocky, with an opportunity 
for public comment.
    Section 6 authorizes the Secretary to acquire land and 
interests in lands within and adjacent to the Monument by 
purchase from willing sellers, donation, or exchange.
    Section 7 withdraws Federal lands within the Monument, 
subject to valid existing rights, from mining operations or 
claims while allowing for gas pipeline right-of-ways within 
existing easements.
    Section 8 contains several savings provisions addressing 
water rights, tribal rights and lands, state jurisdiction of 
fishing and hunting, and lands adjacent to the Monument.
    Section 9 authorizes such sums necessary to carry out the 
bill.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 3303--Chimney Rock National Monument Establishment Act

    S. 3303 would establish the Chimney Rock National Monument 
in southern Colorado. The legislation would require the Forest 
Service to complete a management plan for the Monument and 
would authorize the agency to construct an education and 
interpretive center. The bill also would withdraw Federal lands 
that make up the Monument (about 5,000 acres) from disposal, 
mining, or mineral leasing.
    Based on information from the Forest Service and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing the legislation would cost about $4 million over 
the 2011-2015 period. Enacting S. 3303 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    CBO expects that the Forest Service would begin 
constructing the education and interpretive center after 
completing a management plan for the Monument. Based on 
information provided by the agency, CBO estimates that 
constructing the center would cost about $4 million over the 
2014-2015 period and that operating the facility would cost 
$350,000 annually after 2014. CBO does not expect that, under 
current law, the affected lands would generate any offsetting 
receipts from disposal, mining, and mineral leasing activities 
over the next 10 years. Thus, we estimate that implementing the 
legislation would not affect direct spending.
    S. 3303 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, 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. 3303.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or 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 the 
enactment of S. 3303, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 3303, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Department of Agriculture were included in 
testimony received by the Committee at a hearing on S. 3303 on 
May 19, 2010, which is printed below:

  Statement of Joel Holtrop, Department of Agriculture, Forest Service

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to provide the views of the Department of 
Agriculture on S. 3303, the Chimney Rock National Monument Act 
of 2010. While the Department supports S. 3303, I would like to 
offer modifications that would address some technical concerns 
with the bill and which would improve our ability to manage 
resources in the area.
    Designated as an Archaeological Area and National Historic 
Landmark in 1970, Chimney Rock lies on 4,100 acres of San Juan 
National Forest land surrounded by the Southern Ute Indian 
Reservation. Between A.D. 900 and 1150, the ancestors of modern 
Pueblo Indians occupied the lands surrounding Chimney Rock, and 
the site remains of archaeological and cultural significance to 
many descendant tribes. At 7,600 feet, Chimney Rock is also the 
most northeasterly and highest Chacoan site known. Chacoan 
culture refers to the way of life of ancient ancestors of 
modern Pueblo Indians and continues to be important to the 
native people in the region.
    The Forest Service values archaeological and cultural 
resources and considers it part of the agency's mission to 
preserve and interpret them for the public. We believe the rich 
history, spectacular archaeological, cultural, scientific, 
watershed, and scenic resource values, as well as community 
support, merits the designation of the area as a National 
Monument.
    Section 4(a) of S. 3303 would establish the Chimney Rock 
National Monument in the State of Colorado by designating 4,726 
acres surrounding the Chimney Rock Archaeological Area within 
the San Juan National Forest as a National Monument. The 
purpose of the monument would be to preserve, protect, and 
restore the nationally significant archaeological, cultural, 
scientific, watershed, and scenic resources in the area, as 
well as enable the public to fully utilize the resources in the 
area. Section 7(c) of the bill would also provide for continued 
access by Indian tribes to sites within the National Monument 
for traditional and cultural uses.
    Section 4(b)(2)(A) would authorize the Secretary to make 
minor boundary adjustments to the monument to include 
significant archeological resources discovered on adjacent 
public land. We recommend that the bill be amended to 
substitute ``National Forest System land'' for ``public land'' 
to make clear that the only public land adjacent to the 
proposed monument boundary is Forest Service land. Section 4(c) 
would require the Secretary to designate an individual as 
manager of the National Monument. To implement this provision, 
the organizational structure of the San Juan National Forest 
would have to be amended to accommodate the new position. We 
would prefer to be provided the opportunity to assess staffing 
and management needs during the early phases of our planning 
process, allowing us to base our initial staffing and 
management decisions on identified resource management needs 
and issues, and public concerns and demands.
    Section 6(a) would require the monument to be managed as a 
unit of the San Juan National Forest. We recommend making a 
technical amendment to this section to add language that would 
require the Secretary to manage the monument in accordance with 
any other applicable provisions of law. This change would make 
it clear that laws applicable to management of the forest would 
also apply to management of the monument.
    Under section 6(b) and (c), the Secretary would be 
authorized to allow uses of the monument consistent with the 
purposes of its establishment including the following uses: 
vegetative management treatments; timber harvest and the use of 
prescribed fire only if the Secretary deems it necessary to 
address the risk of wildfire, insects, or diseases; the 
construction of a visitor's center and related exhibit and 
curatorial facilities; scientific research; acquisition 
consolidation, and display of artifacts found within the 
monument; the recreational and administrative use of mountain 
bikes and motorized vehicles; installation, construction and 
maintenance of a public utility right of way under certain 
circumstances; and grazing uses through permits.
    We believe that an interpretation and educational center, 
instead of a visitor's center, would be more in line with the 
bill's purposes of providing educational and interpretive 
programs to communities, and allowing for academic scientific 
investigation of Chimney Rock. Although the bill would 
authorize construction of a curatorial facility, the Anasazi 
Heritage Center, a BLM facility, is one of the largest curation 
centers in the Southwest and should be used for this purpose. 
In fact, many materials from Chimney Rock are already curated 
at this facility.
    Section 6(d) of the bill would withdraw the affected lands 
from location, entry, and patent under the United States mining 
laws; and would withdraw those areas from the laws governing 
mineral leasing, geothermal resource leasing and mineral 
materials. A problematic aspect of section 6(d) is it does not 
preserve valid existing rights to the land that the bill would 
designate as the Chimney Rock National Monument. There are 
currently mining claims, mineral leases, and mineral material 
contracts which encumber the lands to be included in the 
monument. The bill, as written, would prohibit the exercise of 
rights which may be associated with these existing mining 
claims and are associated with these mineral leases and mineral 
materials contracts. For these reasons, we recommend inclusion 
of language in this section providing that the proposed 
withdrawal would be subject to valid existing rights, or that 
some other appropriate language be added that addresses this 
concern.
    Section 7 would require the development of a management 
plan, not later than 3 years after the date of enactment, and 
in consultation with Indian Tribes with a cultural or historic 
connection to the monument. The management plan must identify 
the authorized uses for the monument. In developing the 
management plan, the Secretary would provide an opportunity for 
comment to the public and such entities as State, Tribal 
government, local, and national organizations with an interest 
in the management and use of the monument. The San Juan 
National Forest land management plan would have to be amended 
to incorporate the management plan for the monument. Because of 
the importance of creating a successful management plan in 
collaboration with the community, Tribes, and the public, and 
the time needed to achieve this, the Department recommends the 
bill language be changed to state that the management plan 
shall be completed no later than five (5) years after the date 
of enactment.
    In conclusion Mr. Chairman, the Forest Service looks 
forward to working with you and the subcommittee to carry out 
the intent of the bill. I would be happy to answer any 
questions you may have. Thank you.

                        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 the Act S. 3303, as ordered 
reported.


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