PUBLIC LAW 109–337—OCT. 12, 2006 120 STAT. 1777

Public Law 109–337

109th Congress

An Act

To establish the Rio Grande Natural Area in the State of Colorado, 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.

This Act may be cited as the ‘‘Rio Grande Natural Area Act’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) COMMISSION.—The term ‘‘Commission’’ means the Rio

Grande Natural Area Commission established by section 4(a).

(2) NATURAL AREA.—The term ‘‘Natural Area’’ means the

Rio Grande Natural Area established by section 3(a).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA.

(a) IN GENERAL.—There is established the Rio Grande Natural

Area in the State of Colorado to conserve, restore, and protect

the natural, historic, cultural, scientific, scenic, wildlife, and recreational resources of the Natural Area.

(b) BOUNDARIES.—The Natural Area shall include the Rio

Grande River from the southern boundary of the Alamosa National

Wildlife Refuge to the New Mexico State border, extending 1⁄4

mile on either side of the bank of the River.

(c) MAP AND LEGAL DESCRIPTION.—

(1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall prepare a map

and legal description of the Natural Area.

(2) EFFECT.—The map and legal description of the Natural

Area shall have the same force and effect as if included in

this Act, except that the Secretary may correct any minor

errors in the map and legal description.

(3) PUBLIC AVAILABILITY.—The map and legal description

of the Natural Area shall be available for public inspection

in the appropriate offices of the Bureau of Land Management.

SEC. 4. ESTABLISHMENT OF THE COMMISSION.

(a) ESTABLISHMENT.—There is established the Rio Grande Natural Area Commission.

(b) PURPOSE.—The Commission shall—

(1) advise the Secretary with respect to the Natural Area;

and

16 USC 460rrr–2.

16 USC 460rrr–1.

16 USC 460rrr.

16 USC 460rrr

note.

Rio Grande

Natural Area

Act.

Oct. 12, 2006

[S. 56]

120 STAT. 1778 PUBLIC LAW 109–337—OCT. 12, 2006

(2) prepare a management plan relating to non-Federal

land in the Natural Area under section 6(b)(2)(A).

(c) MEMBERSHIP.—The Commission shall be composed of 9

members appointed by the Secretary, of whom—

(1) 1 member shall represent the Colorado State Director

of the Bureau of Land Management;

(2) 1 member shall be the manager of the Alamosa National

Wildlife Refuge, ex officio;

(3) 3 members shall be appointed based on the recommendation of the Governor of Colorado, of whom—

(A) 1 member shall represent the Colorado Division

of Wildlife;

(B) 1 member shall represent the Colorado Division

of Water Resources; and

(C) 1 member shall represent the Rio Grande Water

Conservation District; and

(4) 4 members shall—

(A) represent the general public;

(B) be citizens of the local region in which the Natural

Area is established; and

(C) have knowledge and experience in the fields of

interest relating to the preservation, restoration, and use

of the Natural Area.

(d) TERMS OF OFFICE.—

(1) IN GENERAL.—Except for the manager of the Alamosa

National Wildlife Refuge, the term of office of a member of

the Commission shall be 5 years.

(2) REAPPOINTMENT.—A member may be reappointed to

the Commission on completion of the term of office of the

member.

(e) COMPENSATION.—A member of the Commission shall serve

without compensation for service on the Commission.

(f) CHAIRPERSON.—The Commission shall elect a chairperson

of the Commission.

(g) MEETINGS.— (1) IN GENERAL.—The Commission shall meet at least quarterly at the call of the chairperson.

(2) PUBLIC MEETINGS.—A meeting of the Commission shall

be open to the public.

(3) NOTICE.—Notice of any meeting of the Commission

shall be published in advance of the meeting.

(h) TECHNICAL ASSISTANCE.—The Secretary and the heads of

other Federal agencies shall, to the maximum extent practicable,

provide any information and technical services requested by the

Commission to assist in carrying out the duties of the Commission.

SEC. 5. POWERS OF THE COMMISSION.

(a) HEARINGS.—The Commission may hold such hearings, meet

and act at such times and places, take such testimony, and receive

such evidence as the Commission considers advisable to carry out

this Act.

(b) COOPERATIVE AGREEMENTS.—

(1) IN GENERAL.—For purposes of carrying out the management plan on non-Federal land in the Natural Area, the

Commission may enter into a cooperative agreement with the

State of Colorado, a political subdivision of the State, or any

person.

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PUBLIC LAW 109–337—OCT. 12, 2006 120 STAT. 1779

(2) REQUIREMENTS.—A cooperative agreement entered into

under paragraph (1) shall establish procedures for providing

notice to the Commission of any action proposed by the State

of Colorado, a political subdivision of the State, or any person

that may affect the implementation of the management plan

on non-Federal land in the Natural Area.

(3) EFFECT.—A cooperative agreement entered into under

paragraph (1) shall not enlarge or diminish any right or duty

of a Federal agency under Federal law.

(c) PROHIBITION OF ACQUISITION OF REAL PROPERTY.—The

Commission may not acquire any real property or interest in real

property.

(d) IMPLEMENTATION OF MANAGEMENT PLAN.—

(1) IN GENERAL.—The Commission shall assist the Secretary in implementing the management plan by carrying out

the activities described in paragraph (2) to preserve and interpret the natural, historic, cultural, scientific, scenic, wildlife,

and recreational resources of the Natural Area.

(2) AUTHORIZED ACTIVITIES.—In assisting with the

implementation of the management plan under paragraph (1),

the Commission may—

(A) assist the State of Colorado in preserving State

land and wildlife within the Natural Area;

(B) assist the State of Colorado and political subdivisions of the State in increasing public awareness of, and

appreciation for, the natural, historic, scientific, scenic,

wildlife, and recreational resources in the Natural Area;

(C) encourage political subdivisions of the State of Colorado to adopt and implement land use policies that are

consistent with—

(i) the management of the Natural Area; and

(ii) the management plan; and

(D) encourage and assist private landowners in the

Natural Area in the implementation of the management

plan.

SEC. 6. MANAGEMENT PLAN.

(a) IN GENERAL.—Not later than 4 years after the date of

enactment of this Act, the Secretary and the Commission, in

coordination with appropriate agencies in the State of Colorado,

political subdivisions of the State, and private landowners in the

Natural Area, shall prepare management plans for the Natural

Area as provided in subsection (b).

(b) DUTIES OF SECRETARY AND COMMISSION.—

(1) SECRETARY.—The Secretary shall prepare a management plan relating to the management of Federal land in

the Natural Area.

(2) COMMISSION.—

(A) IN GENERAL.—The Commission shall prepare a

management plan relating to the management of the nonFederal land in the Natural Area.

(B) APPROVAL OR DISAPPROVAL.—

(i) IN GENERAL.—The Commission shall submit to

the Secretary the management plan prepared under

subparagraph (A) for approval or disapproval.

Deadline.

16 USC 460rrr–4.

120 STAT. 1780 PUBLIC LAW 109–337—OCT. 12, 2006

(ii) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves the management plan submitted

under clause (i), the Secretary shall—

(I) notify the Commission of the reasons for

the disapproval; and

(II) allow the Commission to submit to the

Secretary revisions to the management plan submitted under clause (i).

(3) COOPERATION.—The Secretary and the Commission

shall cooperate to ensure that the management plans relating

to the management of Federal land and non-Federal land are

consistent.

(c) REQUIREMENTS.—The management plans shall—

(1) take into consideration Federal, State, and local plans

in existence on the date of enactment of this Act to present

a unified preservation, restoration, and conservation plan for

the Natural Area;

(2) with respect to Federal land in the Natural Area—

(A) be developed in accordance with section 202 of

the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1712);

(B) be consistent, to the maximum extent practicable,

with the management plans adopted by the Director of

the Bureau of Land Management for land adjacent to the

Natural Area; and

(C) be considered to be an amendment to the San

Luis Resource Management Plan of the Bureau of Land

Management; and

(3) include—

(A) an inventory of the resources contained in the

Natural Area (including a list of property in the Natural

Area that should be preserved, restored, managed, developed, maintained, or acquired to further the purposes of

the Natural Area); and

(B) a recommendation of policies for resource management, including the use of intergovernmental cooperative

agreements, that—

(i) protect the resources of the Natural Area; and

(ii) provide for solitude, quiet use, and pristine

natural values of the Natural Area.

(d) PUBLICATION.—The Secretary shall publish notice of the

management plans in the Federal Register.

SEC. 7. ADMINISTRATION OF NATURAL AREA.

(a) IN GENERAL.—The Secretary shall administer the Federal

land in the Natural Area—

(1) in accordance with—

(A) the laws (including regulations) applicable to public

land; and

(B) the management plan; and

(2) in a manner that provides for—

(A) the conservation, restoration, and protection of the

natural, historic, scientific, scenic, wildlife, and recreational

resources of the Natural Area;

(B) the continued use of the Natural Area for purposes

of education, scientific study, and limited public recreation

16 USC 460rrr–5.

PUBLIC LAW 109–337—OCT. 12, 2006 120 STAT. 1781

in a manner that does not substantially impair the purposes for which the Natural Area is established;

(C) the protection of the wildlife habitat of the Natural

Area;

(D) a prohibition on the construction of water storage

facilities in the Natural Area; and

(E) the reduction in the use of or removal of roads

in the Natural Area and, to the maximum extent practicable, the reduction in or prohibition against the use

of motorized vehicles in the Natural Area (including the

removal of roads and a prohibition against motorized use

on Federal land in the area on the western side of the

Rio Grande River from Lobatos Bridge south to the New

Mexico State line).

(b) CHANGES IN STREAMFLOW.—The Secretary is encouraged

to negotiate with the State of Colorado, the Rio Grande Water

Conservation District, and affected water users in the State to

determine if changes in the streamflow that are beneficial to the

Natural Area may be accommodated.

(c) PRIVATE LAND.—The management plan prepared under section 6(b)(2)(A) shall apply to private land in the Natural Area

only to the extent that the private landowner agrees in writing

to be bound by the management plan.

(d) WITHDRAWAL.—Subject to valid existing rights, all Federal

land in the Natural Area is withdrawn from—

(1) all forms of entry, appropriation, or disposal under

the public land laws;

(2) location, entry, and patent under the mining laws;

and

(3) disposition under the mineral leasing laws (including

geothermal leasing laws).

(e) ACQUISITION OF LAND.—

(1) IN GENERAL.—The Secretary may acquire from willing

sellers by purchase, exchange, or donation land or an interest

in land in the Natural Area.

(2) ADMINISTRATION.—Any land or interest in land acquired

under paragraph (1) shall be administered in accordance with

the management plan and this Act.

(f) APPLICABLE LAW.—Section 5(d)(1) of the Wild and Scenic

Rivers Act (16 U.S.C. 1276(d)(1)) shall not apply to the Natural

Area.

SEC. 8. EFFECT.

Nothing in this Act—

(1) amends, modifies, or is in conflict with the Rio Grande

Compact, consented to by Congress in the Act of May 31,

1939 (53 Stat. 785, ch. 155);

(2) authorizes the regulation of private land in the Natural

Area;

(3) authorizes the imposition of any mandatory streamflow

requirements;

(4) creates an express or implied Federal reserved water

right;

(5) imposes any Federal water quality standard within

or upstream of the Natural Area that is more restrictive than

would be applicable had the Natural Area not been established;

or

16 USC 460rrr–6.

120 STAT. 1782 PUBLIC LAW 109–337—OCT. 12, 2006

LEGISLATIVE HISTORY—S. 56:

SENATE REPORTS: No. 109–45 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): July 26, considered and passed Senate.

Vol. 152 (2006): Sept. 27, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Oct. 13, Presidential statement.

Æ

(6) prevents the State of Colorado from acquiring an

instream flow through the Natural Area under the terms, conditions, and limitations of State law to assist in protecting the

natural environment to the extent and for the purposes authorized by State law.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

SEC. 10. TERMINATION OF COMMISSION.

The Commission shall terminate on the date that is 10 years

after the date of enactment of this Act.

Approved October 12, 2006.

16 USC 460rrr–8.

16 USC 460rrr–7.