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[Senate Report 108-96]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 204
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-96

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

 
BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL 
             CONSERVATION AREA BOUNDRY REVISION ACT OF 2003

                                _______
                                

                 July 11, 2003.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 677]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 677) to revise the boundary of the Black 
Canyon of the Gunnison National Park and Gunnison Gorge 
National Conservation Area in the State of Colorado, 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 Cayon of the Gunnison Boundary 
Revision Act of 2003''.

SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY REVISION.

    (a) Boundary Revision.--Section 4(a) of the Black Canyon of the 
Gunnison National Park and Gunnison Gorge National Conservation Area 
Act of 1999 (16 U.S.C. 410fff-2(a)) is amended--
          (1) by striking ``There'' and inserting ``(1) There''; and
          (2) by adding at the end the following:
          ``(2) The boundary of the Park is revised to include the 
        addition of approximately 2,530 acres, as generally depicted on 
        the map entitled `Black Canyon of the Gunnison National Park 
        and Gunnison Gorge NCA Boundary Modifications' and dated April 
        2, 2003.''.
    (b) Transfer of Administrative Jurisdiction.--On the date of 
enactment of this Act, the Secretary shall transfer the land under the 
jurisdiction of the Bureau of Land Management identified as ``Tract C'' 
on the map described in subsection (a)(2) to the administrative 
juridiction of the National Park Service for inclusion in the Black 
Canyon of the Gunnison National Park.
    (c) Conforming Amendment.--Section 5(a)(1) of the Black Canyon of 
the GunnisonNational Park and Gunnison Gorge National Conservation Area 
Act of 1999 (16 U.S.C. 410fff-3(a)(1)) is amended by striking ``Map'' 
and inserting ``Map or the map described in section 4(a)(2)''.

SEC. 3. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY REVISION.

    Section 7(a) of the Black Canyon of the Gunnison National Park and 
Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 
410offf-5(a)) is amended--
          (1) by striking ``There'' and inserting ``(1) There''; and
          (2) by adding at the end the following:
          ``(2) The boundary of the Conservation Area is revised to 
        include the addition of approximately 7,100 acres, as generally 
        depicted on the map entitled `Black Canyon of the Gunnison 
        National Park and Gunnison Gorge NCA Boundary Modifications', 
        and dated April 2, 2003.''.

SEC. 4. GRAZING PRIVILEGES.

      (a) Transfer of Privileges.--Section 4(e)(1) of the Black Canyon 
of the Gunnison National Park and Gunnison Gorge National Conservation 
Area Act of 1999 (16 U.S.C. 410fff-2(e)(1)) is amended by adding at the 
end of the following:
                  ``(D) If land within the Park on which the grazing of 
                livestock is authorized under permits or leases under 
                subparagraph (A) is exchanged for private land under 
                section 5(a), the Secretary shall transfer any grazing 
                privileges to the land acquired in the exchange.''.
      (b) Privileges of Certain Partnerships.--Section 4(e)(3) of the 
Black Canyon of the Gunnison National Park and Gunnison Gorge National 
Conservation Area Act of 1999 (16 U.S.C. 410fff-2(e)(3)) is amended--
          (1) by striking ``and'' at the end of subparagraph (A);
          (2) by redesignating subparagraph (B) as subparagraph (D);
          (3) by inserting after subparagraph (A) the following:
                  ``(B) with respect to the permit or lease issued to 
                LeValley Ranch Ltd., for the lifetime of the last 
                surviving limited partner as of October 21, 1999;
                  ``(C) with respect to the permit or lease issued to 
                Sanburg Herefords, L.L.P., for the lifetime of the last 
                surviving general partner as of October 21, 1999; 
                and''; and
          (4) in subparagraph (D) (as redesignated by paragraph (2))--
                  (A) by striking ``partnership, corporation, or'' each 
                place it appears and inserting ``corporation or''; and
                  (B) by striking ``subparagraph (A)'' and inserting 
                ``subparagraphs (A), (B), or (C)''.

SEC. 5. ACCESS TO WATER DELIVERY FACILITIES.

    The Commissioner of Reclamation shall retain administrative 
jurisdiction over the Crystal Dam Access Road and land, facilities, and 
roads of the Bureau of Reclamation in the East Portal area, including 
the Gunnison Tunnel, and the Crystal Dam area, as depicted the map 
entitled ``Black Canyon of the Gunnison National Park and Gunnison 
Gorge NCA Boundary Modifications'', dated April 2, 2003, for the 
maintenance, repair, construction, replacement, and operation of any 
facilities relating to the delivery of water and power under the 
jurisdiction of the Bureau of Reclamation.

                         Purpose of the Measure

    The purpose of S. 677 is to authorize the addition of 
approximately 2,530 acres to the Black Canyon of the Gunnison 
National Park and approximately 7,100 acres to Gunnison Gorge 
National Conservation Area in the State of Colorado, and to 
clarify the period for which grazing will be allowed to 
continue under specified permits or leases.

                          Background and Need

    The Black Canyon of the Gunnison was designated as a 
National Monument on March 2, 1933 by Presidential Proclamation 
to protect the unique and spectacular landscape formed by the 
Gunnison River in western Colorado. The park has been expanded 
several times over the past seventy years by Presidential 
Proclamations and Acts of Congress. In 1999, Public Law 106-76 
further expanded the monument's boundaries to include 
approximately 30,000 additional acres and redesignated the 
monument as a National Park. That Act also established the 
adjacent Gunnison Gorge National Conservation Area under the 
management of the Bureau of Land Management.
    The Black Canyon of the Gunnison combines the narrow 
opening, sheer walls and startling depths found in no other 
canyon in North America. Located on the western slope of 
Colorado, approximately 250 miles southwest of Denver, the park 
hosts approximately 180,000 recreational visitors each year.
    Protecton of the canyon rim from development prompted the 
passage of the 1999 legislation. Enactment of S. 677 will 
better enable the National Park Service to protect additional 
lands near the canyon and allow for land exchanges with the 
owners of certain adjacent lands to improve the management of 
the park's boundary.

                          Legislative History

    S. 677 was introduced by Senators Compbell and Allard on 
March 20, 2003. The Subcommittee on National Parks held a 
hearing on S. 677 on June 10, 2003. At the business meeting on 
June 25, 2003, the Committee on Energy and Natural Resources 
ordered S. 677, as amended, favorably reported.
    During the 107th Congress, similar legislation, S. 1944, 
was introduced by Senator Campbell on February 13, 2002. The 
Subcommittee on National Parks held a hearing on S. 1944 on 
June 12, 2002. The Committee ordered S. 1944 favorably reported 
with amendments on September 9, 2002. The text of S. 1944, as 
reported, was adopted as an amendment to S. 1894, which passed 
the Senate by unanimous consent on November 20, 2002.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 25, 2003, by unanimous vote of a 
quorum present, recommends that the Senate pass S. 677, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 677, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
clarifying and technical corrections.
    The substitute amendment is explained in detail in the 
section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 titles the bill the ``Black Canyon of the 
Gunnison Boundary Revision Act of 2003.''
    Section 2(a) amended section 4(a) of the Black Canyon of 
the Gunnison National Park and Gunnison Gorge National 
Conservation Area Act of 1999 (Gunnison Act) by adding 
approximately 2,530 acres to the Park as depicted on a 
referenced map.
    Subsection (b) transfers land specified under the 
jurisdiction of the Bureau of Land Management to the 
administrative jurisdiction of the National Park Service.
    Subsection (c) includes a conforming amendment to the 
Gunnison Act.
    Section 3 amends section 7(a) of the Gunnison Act by adding 
approximately 7,100 acres to the Conservation Area as depicted 
on a referenced map.
    Section 4(a) amends section 4(e)(1) of the Gunnison Act to 
direct the Secretary of the Interior to transfer grazing 
privileges, where land within the park on which grazing is 
authorized is exchanged for private land.
    Subsection (b) includes conforming amendments to section 
4(e)(3) of the Gunnison Act and provides lifetime grazing 
privileges to the last surviving limited partner of LeValley 
Ranch Ltd., and the last surviving general partner of Sanburg 
Herefords, L.L.P.
    Section 5 clarifies that the Commissioner of Reclamation 
shall retain administrative jurisdiction over certain areas in 
the park related to the delivery of water and power under the 
jurisdiction of the Bureau of Reclamation.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 27, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 677, the Black 
Canyon of the Gunnison Boundary Revision Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Peter H. Fontaine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 677--Black Canyon of the Gunnison Boundary Revision Act of 2003

    CBO estimates that implementing S. 677 would not 
significantly affect the federal budget. Enacting the bill 
would not affect direct spending or revenues. S. 677 contains 
no intergovernmental or private-sector mandates as defined in 
the Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    S. 677 would authorize the Secretary of the Interior to 
revise the boundaries of the Black Canyon of the Gunnision 
National Park in Colorado to include three parcels of privately 
owned land that would be acquired by the Secretary. The 
Secretary would exchange federal lands in order to acquire two 
of those parcels. According to the Department of the Interior 
(DOI), the federal lands to be exchanged currently generate no 
significant receipts and are not expected to do so in the near 
future; hence, CBO estimates that exchanging them would not 
significantly affect the federal budget. The Secretary would 
acquire, by purchase or donation, a conservation easement on 
the third parcel of land. According to DOI, sufficient funding 
already has been appropriated for that purpose; thus, CBO 
estimates that completing the transaction would not 
significantly increase federal spending.
    S. 677 also would authorize the Secretary to expand the 
boundaries of the Gunnison Gorge National Conservation Area to 
include 7,100 acres of federal lands administered by the Bureau 
of Land Management (BLM). Based on information from BLM, we 
estimate that adding those lands to the conservation area would 
not affect offsetting receipts or the agency's costs to manage 
them.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, 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. 677. 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. 677, as ordered reported.

                        Executive Communications

    On May 29, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 677. These reports 
had not been received at the time the report on S. 677 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

    Statement of D. Thomas Ross, Assistant Director, Recreation and 
    Conservation, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 677, a bill to revise 
the boundary of the Black Canyon of the Gunnison National Park 
and Gunnison Gorge National Conservation Area in the State of 
Colorado, and for other purposes.
    The Department of the Interior supports S. 677 with minor 
amendments to the legislation. The bill authorizes additions to 
both Black Canyon of the Gunnison National Park (``Park''), 
through three separate easement or exchange transactions, and 
Gunnison Gorge National Conservation Area (``NCA''). The 
revision of the national park boundary would not contribute to 
the National Park Service (``NPS'') maintenance backlog because 
the management and operation of the land added to the boundary 
would not result in any additional facilities, increased 
operating costs, or additional staffing. Costs involved with 
the land transactions are expected to be minimal. One 
transaction would involve the purchase of a conservation 
easement on 26.5 acres, estimated to cost $100,000; however, 
there is the possibility the owner might donate all or a 
portion of the value. A second transaction would include an 
equal value exchange. The third involves the transfer of 480 
acres of isolated Bureau of Land Management (BLM) land to the 
NPS and then the exchange of this parcel for a conservation 
easement on approximately 2,000 acres. The landowner has stated 
he is willing to donate any difference in value.
    S. 677 amends the Black Canyon of the Gunnison National 
Park and Gunnison Gorge National Conservation Area Act of 1999 
(Public Law 106-76). The boundary of the park would be revised 
to include the addition of not more than 2,530 acres and the 
National Conservation Area (NCA) would be expanded by 
approximately 7,100 acres. These additions are reflected on a 
new map, dated April 2, 2003, which supplements the boundary 
map referenced in P.L. 106-76.
    The bill authorizes the transfer of 480 acres land to the 
jurisdiction of NPS. The Secretary is authorized to acquire 
lands or interests in lands in accordance with P.L. 106-76 (by 
donation, transfer, purchase with donated or appropriated 
funds, or exchange) and lands cannot be acquired without the 
consent of the owner.
    S. 677 also amends P.L. 106-76 to clarify grazing 
privileges within the park. If land authorized for grazing 
within the park is exchanged for private land, then any grazing 
privileges would transfer to the private land that is acquired. 
Also, the bill clarifies the length of time that grazing may be 
conducted on parks lands by partnerships.

               black canyon of the gunnison national park

    The boundary of the park would be expanded in three 
transactions. The first, locally referred to as Sanburg II, is 
located just south of Red Rock Canyon, one of the mostscenic 
hiking opportunities into the Black Canyon of the Gunnison. The 
landowner agrees with the NPS that maintaining the rural character 
adjacent to the Red Rock Canyon trailhead is an important part of the 
wilderness experience. The landowner has previously sold conservation 
easements in this area (authorized by P.L. 106-76 and a minor boundary 
revision) to The Conservation Fund, who subsequently sold to NPS. Once 
acquisition of a conservation easement on this 26.5 acre parcel is 
conveyed, the rural character of the Red Rock Canyon gateway will be 
insured.
    The second, the proposed Bramlett transaction, would 
authorize the exchange of a 200-acre parcel of the Bramlett 
Ranch located on Grizzly Ridge, which overlooks the North Rim 
Road and North and South Rim overlooks. Although the landowner 
has proposed building cabins on the ridge top, he is willing to 
exchange this 200-acre parcel for land of equal value within 
the park and adjacent to his ranch headquarters. The equal 
value exchange would give the landowner land with easier 
access, and would add the ridgeline parcel to the park, thus 
protecting the natural landscape in that portion of the park.
    The third boundary adjustment, the Allison exchange, is 
located along the East Portal Road, on the park's south rim. 
The landowner would exchange a combination of fee simple 
ownership and a conservation easement on up to 2,000 acres in 
return for fee simple ownership of up to 480 acres of the BLM 
parcel that would be transferred to NPS. The landowner has 
indicated that he would protect this parcel with a conversation 
easement should he acquire it. He has also indicated that he 
would donate any value above and beyond the value represented 
in the exchange.
    The Department believes these acquisitions are important 
for several reasons. Combined with the land authorized by P.L. 
106-76, the present and future land requirements for the park 
would be met. The present landowners are all willing sellers 
and in addition to them, this effort enjoys the support of the 
Montrose County Commissioners, the Montrose Chamber of 
Commerce, and local and national land trusts involved in the 
project.
    S. 677 would also amend P.L. 106-76 regarding grazing 
within the park. P.L. 106-76 allowed for the continuation of 
grazing on the former BLM lands transferred to the NPS. Permits 
held by individuals can be renewed through the lifetime of the 
individual permittees. However, P.L. 106-76 requires that 
partnerships and corporations be treated alike regarding the 
termination of grazing permits. Partnerships and corporations 
now lose their permits upon the termination of the last 
remaining individual permit.
    S. 677 would amend P.L. 106-76 to treat partnerships 
similarly to individual permit holders, allowing permits to be 
renewed through the lifetime of the partners as of October 21, 
1999. Since the two partnerships affected are essentially 
family run ranching operations, the Department feels that they 
should be treated consistently with individual permit holders.
    S. 677 would also allow grazing on land acquired in an 
exchange if the land being given up in the exchange currently 
has authorized grazing. This appears to be consistent with the 
intent of Congress when it authorized grazing in Public Law 
106-76.

               gunnison gorge national conservation area

    S. 677 also provides for the expansion of the Gunnison 
Gorge NCA managed by the BLM. A 5,759-acre parcel of land on 
the north side of the existing NCA was acquired in January 2000 
from a willing seller through a land exchange. This acquisition 
was not completed in time to include the lands within the 
original NCA boundary. This parcel includes approximately five 
miles of the Gunnison River and provides important resource 
values and recreational opportunities. In addition, 1,349 acres 
of preexisting BLM-managed public lands adjacent to the 
acquisition would also be added to the NCA. The addition of 
these BLM lands will create a more manageable NCA boundary and 
provide appropriate protection and management emphasis for this 
area's resources.
    The legislation also makes some minor boundary adjustments 
to the NCA. In the process of completing surveys of the lands 
designated as the NCA by P.L. 106-76, the BLM discovered a few 
inadvertent trespass situations on the NCA land. In order to 
resolve these issues with the local landowners in a fair and 
equitable manner, slight boundary modifications need to be made 
so that exchanges can be effected. Without the benefit of this 
legislation, the BLM would be forced to take extreme punitive 
measures which are not in the best interest of the federal 
government or local landowners who previously were unaware of 
the encroachment issues.

                       water delivery facilities

    With the passage of Public Law 106-76 the Uncompahgre 
Valley Water Users Association expressed concern that access to 
water and related facilities might be limited. S. 677 clarifies 
that the Bureau of Reclamation will retain jurisdiction over 
and access to all land, facilities, and roads in the East 
Portal and Crystal Dam areas for the maintenance, repair, 
construction, replacement, and operation of any facilities 
relating to the delivery of water and power.
    We believe that the bill, as introduced, has a couple of 
confusing and unneeded sections. We have recommended some 
language to clarify these sections and request that S. 677 be 
amended to reflect these changes. Specifically, Section 4(b) of 
the bill is repetitive of Section 5(a)(2) of Public Law 106-76. 
P.L. 106-76 states the methods by which the NPS may acquire 
lands and already requires that acquisition may only occur with 
willing sellers. We believe Sec. 4(b) of the bill will result 
in confusion when the language is enacted and codified. 
Therefore, we recommend eliminating this duplicative language. 
The proposed amendments are attached to the testimony.
    That concludes my testimony. I would be glad to answer any 
questions that you or the members of the subcommittee may have.

             Technical and Clarifying Amendments to S. 677

    On page 2, line 13, strike ``2,725 acres'' and insert 
``2,530 acres''
    On page 2, line 16, strike ``dated January 21, 2003'' and 
insert ``dated April 2, 2003''
    On page 2, strike lines 21 and 22, and insert ``(1) by 
striking ``Upon enactment of this title, the Secretary shall 
transfer'' and inserting the following:''
    On page 2, strike line 24, and ``(A) In general.--On 
enactment of this title, the Secretary shall transfer''.
    On page 2, strike lines 25 and 26, and insert ``(2) by 
adding after the first sentence of subsection (b)(1)(A), as 
amended by paragraph (1), the following:''
    On page 3, strike line 11, and insert ``(3) by striking 
``The Secretary shall administer'' and inserting ``(2) 
Authority.--The Secretary shall administer''.
    On page 5, line 5, by strike ``(a) Authority to Acquire 
Lands.''--and
    On page 5, by striking lines 10 through 18.
    On page 6, line 9, strike ``dated January 21, 2003'' and 
insert ``dated April 2, 2003''
    On page 6, by striking lines 11 through 22 and insert:

    ``The Commissioner of Reclamation shall have access to and 
retain administrative jurisdiction over the Crystal Dam Access 
Road and land, facilities, and roads of the Bureau of 
Reclamation in the East Portal area, including the Gunnison 
Tunnel, and the Crystal Dam area, as depicted on the maps 
identified in section 4 of the Black Canyon of the Gunnison 
National Park and Gunnison Gorge National Conservation Area Act 
of 1999 and section 2(a)(2) of this Act for the maintenance, 
repair, construction, replacement, and operation of any 
facilities relating to the delivery of water and power under 
the jurisdiction of the Bureau.''

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 677, as ordered reported, as shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 106-76

    An Act 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

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

           *       *       *       *       *       *       *

SEC. 4. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON NATIONAL PARK.

    (a) Establishment.--[There] (1) There is hereby established 
the Black Canyon of the Gunnison National Park in the State of 
Colorado as generally depicted on the map identified in section 
3. The Black Canyon of the Gunnison National Monument is hereby 
abolished as such, the lands and interests therein are 
incorporated within and made part of the new Black Canyon of 
the Gunnison National Park, and any funds available for 
purposes of the monument shall be available for purposes of the 
park.
          (2) The boundary of the Park is revised to include 
        the addition of approximately 2,530 acres, as generally 
        depicted on the map entitled ``Black Canyon of the 
        Gunnison National Park and Gunnison Gorge NCA Boundary 
        Modifications'' and dated April 2, 2003.

           *       *       *       *       *       *       *

    (e) Grazing.--(1)(A)

           *       *       *       *       *       *       *

                  (D) If land within the Park on which the 
                grazing of livestock is authorized under 
                permits or leases under subparagraph (A) is 
                exchanged for private land under section 5(a), 
                the Secretary shall transfer any grazing 
                privileges to the land acquired in the 
                exchange.

           *       *       *       *       *       *       *

          (3) With respect to the grazing permits and leases 
        referenced in this subsection, the Secretary shall 
        allow grazing to continue, subject to periodic 
        renewal--
                  (A) with respect to a permit or lease issued 
                to an individual, for the lifetime of the 
                individual who was the holder of the permit or 
                lease on the date of the enactment of this Act; 
                [and]
                  (B) with respect to the permit or lease 
                issued to LeValley Ranch Ltd., for the lifetime 
                of the last surviving limited partner as of 
                October 21, 1999;
                  (C) with respect to the permit or lease 
                issued to Sanburg Herefords, L.L.P., for the 
                lifetime of the last surviving general partner 
                as of October 21, 1999; and
                  [(B)] (D) with respect to a permit or lease 
                issued to a [partnership, corporation, or] 
                corporation or other legal entity, for a period 
                which shall terminate on the same date that the 
                last permit or lease held under subparagraph 
                [(A)] (A), (B), or (C) terminates, unless the 
                [partnership, corporation, or] legal entity 
                dissolves or terminates before such time, in 
                which case the permit or lease shall terminate 
                with the [partnership, corporation, or] 
                corporation or legal entity.

           *       *       *       *       *       *       *

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

    (a) Additional Acquisitions.--
          (1) In general.--The Secretary may acquire land or 
        interests in land depicted on the [Map] Map or the map 
        described in section 4(a)(2) as proposed additions.

           *       *       *       *       *       *       *

SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.

    (a) In General.--[There] (1) There is established the 
Gunnison Gorge National Conservation Area, consisting of 
approximately 57,725 acres as generally depicted on the Map.
                  (2) The boundary of the Conservation Area is 
                revised to include the addition of 
                approximately 7,100 acres, as generally 
                depicted on the map entitled ``Black Canyon of 
                the Gunnison National Park and Gunnison Gorge 
                NCA Boundary Modifications'', and dated April 
                2, 2003.

                                
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