[House Report 112-473]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-473

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



 
            CHIMNEY ROCK NATIONAL MONUMENT ESTABLISHMENT ACT

                                _______
                                

  May 10, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2621]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2621) to establish the Chimney Rock National 
Monument in the State of Colorado, 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 all after the enacting clause and insert 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 State 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 the 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 the 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 the 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) Volunteers.--The Secretary shall allow for the continued access 
and work of volunteers at the national monument.
  (h) Research.--Scientific research, including archeological research, 
educational, and interpretive uses shall be permitted within the 
Monument.
  (i) Other Administrative Costs.--Any signs, fixtures, alterations, or 
additions needed in connection with the designation or advertisement of 
the Monument shall be paid for only with non-Federal funds or amounts 
made available for such purposes in prior Acts of appropriation.
  (j) Designation of Manager.--As soon as practicable after the 
management plan is developed under section 5(a), the Secretary shall 
designate an employee of the Department of Agriculture whose duties 
shall include acting as the point of contact for the management of the 
national monument.
  (k) Other Recreational Uses.--The Secretary shall allow continued use 
of the national monument for hunting, fishing, and other recreational 
uses authorized on the date of the enactment of this Act, except that 
the Secretary may implement temporary emergency closures or 
restrictions of the smallest practicable area to provide for public 
safety, resource conservation, or other purposes authorized by law.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of the 
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 funds;
          (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 the 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 (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 the 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2621, as ordered reported, is to 
establish the Chimney Rock National Monument in the State of 
Colorado.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Chimney Rock National Monument Establishment Act (H.R. 
2621) would designate 4,726 acres within the San Juan National 
Forest in southwestern Colorado as the Chimney Rock National 
Monument. The area is currently managed as the San Juan 
National Forest Archaeological Area in conjunction with the 
Chimney Rock Interpretive Association, which operates an 
interpretive program under a special-use permit from the U.S. 
Forest Service. The site currently hosts over 10,000 visitors 
annually. The legislation directs the Forest Service to manage 
the monument to ``preserve, protect, and restore the 
archaeological, cultural, historic, geologic, hydrologic, 
natural, educational, and scenic resources of Chimney Rock,'' 
as well as provide for public interpretation and recreation 
consistent with the monument designation.
    The legislation does allow for vegetation management, 
including limited timber harvest, within the monument for 
ecosystem restoration and to control fire, insects, or disease, 
in addition to allowing for motor vehicle use, grazing, and 
upgrades to utility right-of-ways. The bill also includes 
language specifying that the designation shall not affect 
tribal rights, water rights, State management of fish and 
wildlife, and adjacent uses/private property outside the 
monument.
    During full committee consideration of H.R. 2621, the 
committee adopted an amendment offered by Congressman Rob 
Bishop (R-UT) that corrects a reference to the appropriate 
Secretary and further clarifies that the Secretary shall 
continue to allow hunting, fishing and other recreational uses 
that were authorized within the area to be designated.

                            COMMITTEE ACTION

    H.R. 2621 was introduced on July 21, 2011, by Congressman 
Scott Tipton (R-CO). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands. On November 3, 
2011, the Subcommittee held a hearing on the bill. On April 25, 
2012, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on National Parks, Forests and Public 
Lands was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered amendment designated #1 to the bill; the 
amendment was approved by unanimous consent. The bill, as 
amended, was then adopted and ordered favorably reported to the 
House of Representatives by unanimous consent.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 2621--Chimney Rock National Monument Establishment Act

    H.R. 2621 would establish the Chimney Rock National 
Monument within the San Juan National Forest in southern 
Colorado. The legislation would require the Forest Service to 
complete a management plan for the monument and would withdraw 
federal lands that make up the monument (about 5,000 acres) 
from disposal, mining, or mineral leasing.
    Based on information provided by the Forest Service, CB0 
estimates that implementing the legislation would not have a 
significant impact on the federal budget. Enacting H.R. 2621 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    CBO estimates that completing the management plan for 
Chimney Rock National Monument would cost about $310,000 over 
the next three years. Currently, the Chimney Rock 
Archaeological Area is managed by volunteers and the Forest 
Service and it contains a visitor center and a gravel road to 
access the area. CB0 expects that implementing the legislation 
could eventually lead to a need for expanded trails and 
increased interpretive displays. However, CBO estimates that 
such activities would have an insignificant impact on the 
federal budget over the next five years. CB0 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 
enacting the legislation would not affect direct spending.
    H.R. 2621 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 Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by the U.S. Forest Service, CBO estimates 
that implementing the legislation would not have a significant 
impact on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to establish 
the Chimney Rock National Monument in the State of Colorado.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    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 any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                                  
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