I

104TH CONGRESS

2D SESSION H. R. 3365

To redesignate the Black Canyon of the Gunnison National Monument as

a national park, to establish the Gunnison Gorge National Conservation

Area, to establish the Curecanti National Recreation Area, to establish

the Black Canyon of the Gunnison National Park Complex, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 30, 1996

Mr. MCINNIS introduced the following bill; which was referred to the

Committee on Resources

A BILL

To redesignate the Black Canyon of the Gunnison National

Monument as a national park, to establish the Gunnison

Gorge National Conservation Area, to establish the

Curecanti National Recreation Area, to establish the

Black Canyon of the Gunnison National Park Complex,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Black Canyon National

5 Park Complex Act of 1996’’.
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1 SEC. 2. ESTABLISHMENT OF BLACK CANYON OF THE GUN2 NISON NATIONAL PARK.

3 (a) There is hereby established the Black Canyon of

4 the Gunnison National Park (hereinafter referred to as

5 the ‘‘park’’) in the State of Colorado. The Black Canyon

6 National Monument is abolished as such, and all lands and

7 interest therein are hereby incorporated within and made

8 part of the Black Canyon of the Gunnison National Park.

9 Any reference to the Black Canyon of the Gunnison Na10 tional Monument shall be deemed a reference to Black

11 Canyon of the Gunnison National Park, and any funds

12 available for the purposes of the monument shall be avail13 able for purposes of the park.

14 (b) The Secretary of the Interior (hereinafter referred

15 to as the ‘‘Secretary’’) acting through the Director of the

16 National Park Service shall manage the park, subject to

17 valid exiting rights, in accordance with this Act and under

18 the provisions of law generally applicable to units of the

19 National Park System including but not limited to the Act

20 of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),

21 the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461

22 et seq.), and other applicable provisions of law.

23 SEC. 3. ESTABLISHMENT OF THE GUNNISON GORGE NA24 TIONAL CONSERVATION AREA.

25 (a) There is hereby established the Gunnison Gorge

26 National Conservation Area (hereafter referred to as the
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1 ‘‘conservation area’’) in the State of Colorado, consisting

2 of approximately 64,139 acres as generally depicted on the

3 map entitled ‘‘Black Canyon of the Gunnison National

4 Park Complex—Map No. 2, dated 10/27/95’’ (hereinafter

5 referred to as the ‘‘map’’).

6 (b) The Secretary, acting through the Director of the

7 Bureau of land management, shall manage the conserva8 tion area, subject to valid existing rights, in accordance

9 with this Act, the Federal Land Management and Policy

10 Act of 1976, and other applicable provisions of law.

11 (c) In addition to the use of motorized vehicles on

12 established roadways, the use of motorized vehicles in the

13 conservation area shall be allowed to the extent compat14 ible, in accordance with existing off-highway vehicle des15 ignations as described in the current, approved manage16 ment plan, or as part of the management plan prepared

17 pursuant to this Act.

18 (d) Within four years following the date of enactment

19 of this Act, the Secretary shall develop and transmit to

20 the Committee on Energy and Natural Resources of the

21 United States Senate and to the Committee on Resources

22 of the United States House of Representatives a com23 prehensive plan for the long-range protection and manage24 ment of the conservation area. The plan shall describe the

25 appropriate uses and management of the conservation
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1 area consistent with the provisions of this Act. The plan

2 may incorporate appropriate decisions contained in any

3 current management or activity plan for the area. The

4 plan may also incorporate appropriate wildlife habitat

5 management or other plans that have been prepared for

6 the lands within or adjacent to the conservation area, and

7 shall be prepared in close consultation with appropriate

8 agencies of the State of Colorado and shall use informa9 tion developed in previous studies of the lands within or

10 adjacent to the conservation area.

11 SEC. 4. ESTABLISHMENT OF THE CURECANTI NATIONAL

12 RECREATION AREA, AND THE DENVER AND

13 RIO GRANDE RAILROAD NATIONAL HISTORIC

14 SITE.

15 (a) There is hereby established, the Curecanti Na16 tional Recreation Area (hereinafter referred to as the

17 ‘‘recreation area’’ in the State of Colorado. The recreation

18 area shall consist of the lands and water within the area

19 designated ‘‘Curecanti National Recreation Area’’ as de20 picted on the map.

21 (b) The Secretary, acting through the Director of the

22 National Park Service shall manage the recreation area,

23 subject to valid existing rights, in accordance with this Act

24 and under provisions of law generally applicable to units

25 of the National Park System including but not limited to
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1 the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1

2 et seq.), and the Act of August 21, 1935 (49 Stat. 666;

3 16 U.S.C. 461 et seq.), and other applicable provisions

4 of law, except as otherwise provided in this section.

5 (c) The establishment of the recreation area under

6 subsection (a) shall not affect or interfere with the validity

7 of withdrawals made before the date of enactment of this

8 Act for reclamation or power purposes. Operation of im9 provements on and the management of lands occupied by

10 dams, structures, or other facilities subject to the Colorado

11 River Storage Project Act of 1956 (42 U.S.C. 620 et seq.)

12 shall be the responsibility of the Secretary, acting through

13 the Commissioner of the Bureau of Reclamation. Such

14 lands shall be delineated through a joint agreement among

15 the Bureau of Reclamation, the National Park Service,

16 and all associated entities. The Secretary may enter into

17 additional agreements which address sharing of jurisdic18 tion and authorities on the delineated lands. All lands

19 within the recreation area which have been withdrawn or

20 acquired by the United States for reclamation purposes

21 shall remain subject to the purposes and uses established

22 under the Colorado River Storage Project Act of 1956 (42

23 U.S.C. 620 et seq.). The Secretary may exclude any area

24 from the recreation area for reclamation or power pur-
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1 poses upon determining that it is in the national interest

2 to do so.

3 (d) The Secretary shall administer the recreation

4 area subject to all public laws, memoranda of interagency

5 agreement, memoranda of agreement and/or understand6 ing, including cooperative agreements, licenses, permits,

7 and contracts and right-of-way agreements currently in ef8 fect, and/or referenced in the Curecanti National Recre9 ation Area Statement for Management, dated November

10 1990.

11 (e) Within the recreation area there is hereby estab12 lished, subject to the provisions of this section, the Denver

13 and Rio Grande National Historic Site (hereinafter re14 ferred to as the ‘‘historic site’’) consisting of the Denver

15 and Rio Grande rolling stock and train trestle at Cim16 arron, as depicted on the map. The Secretary may include

17 those portions of the historic railroad bed within the

18 boundaries of the historic site which would serve to en19 hance or contribute to the interpretation of the develop20 ment of the railroad and its role in the development of

21 western Colorado.

22 (f) Within the recreation area there is hereby estab23 lished, subject to the provisions of this section, the

24 Curecanti Archeological District (hereinafter referred to

25 as the ‘‘district’’) as depicted on the map.
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1 (g) Within one year after the enactment of this Act,

2 the Secretary shall submit a comprehensive list of laws,

3 rules, regulations, right-of way permits and agreements,

4 licensing agreements, special-use permits or other author5 izing documents issued by the Bureau of Reclamation, the

6 Bureau of Land Management, and the Forest Service, for

7 the use of lands within the recreation area, to the Commit8 tee on Energy and Natural Resources of the United States

9 Senate and to the Committee on Resources of the United

10 States House of Representatives.

11 SEC. 5. THE ESTABLISHMENT OF THE BLACK CANYON OF

12 THE GUNNISON NATIONAL PARK COMPLEX.

13 (a) There is hereby established the Black Canyon of

14 the Gunnison National Park Complex (hereinafter re15 ferred to as the ‘‘complex’’) in the State of Colorado. The

16 complex shall include the following lands as depicted on

17 the map:

18 (1) The park.

19 (2) The conservation area.

20 (3) The recreation area.

21 (4) Those portions of lands comprising the

22 Gunnison National Forest as depicted on the map.

23 (b) The Secretary, acting through the Director of the

24 National Park Service shall manage the park, recreation

25 area, historic site and district; and acting through the Di-
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1 rector of the Bureau of Land Management, shall manage

2 the conservation area in accordance with this Act, and

3 other applicable provisions of law.

4 (c) The Secretary of Agriculture, acting through the

5 Chief of the Forest Service shall manage, subject to valid

6 existing rights, those portions of the forest that have been

7 included in the complex in accordance with the laws, rules,

8 and regulations pertaining to the National Forest System

9 and this Act.

10 (d) The Secretaries shall manage the areas under

11 their jurisdiction within the complex in a consistent man12 ner to the maximum extent practical. Wherever possible,

13 regulations, permits, licenses, and other agreements

14 should be issued jointly. The Secretaries shall ensure that,

15 to the maximum extent practical, that personnel, equip16 ment, and other resources are shared among the agencies

17 and that the duplication of effort is reduced or eliminated.

18 SEC. 6. WATER RIGHTS.

19 Nothing in this Act, nor in any action taken pursuant

20 thereto under any other act, shall constitute an express

21 or implied reservation of water for any purpose. Nothing

22 in this Act, nor any actions taken pursuant thereto shall

23 affect any existing water rights, including, but not limited

24 to, any water rights held by the United States prior to

25 the date of enactment of this Act. Any water rights that
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1 the Secretary determines are necessary for the purposes

2 of this Act shall be acquired under the procedural and sub3 stitutive requirements of the laws of the State of Colorado.

4 SEC. 7. RECREATIONAL AND MULTIPLE-USE ACTIVITIES.

5 (a) In carrying out this Act, in addition to other re6 lated activities that may be permitted pursuant to this

7 Act, the Secretaries shall provide for general recreation

8 and multiple use activities that are considered appropriate

9 and compatible within the areas of their respective juris10 diction, including, but not limited to, swimming, fishing,

11 boating, rafting, hiking, horseback riding, camping and

12 picnicking. The Secretaries shall also provide for certain

13 multiple use activities, subject to valid existing rights, in14 cluding grazing and the harvesting of hay; the mainte15 nance of roads, stock driveways, and utility rights-of-way.

16 Within the boundaries of the recreation area the Secretary

17 shall also provide for off-road vehicle use below high water

18 levels, on frozen lake surfaces, and on related designated

19 access routes; and other such uses as the Secretary may

20 deem appropriate.

21 (b) The Secretaries shall permit hunting, fishing,

22 noncommercial taking of fresh-water crustaceans, and

23 trapping on the lands and waters under the Secretaries

24 jurisdiction in accordance with applicable laws and regula25 tions of the United States and the State of Colorado, ex-
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1 cept that the Secretaries, after consultation with the Colo2 rado Division of Wildlife, may issue regulations designat3 ing zones where and establishing periods when no hunting

4 or trapping shall be permitted for reasons of public safety,

5 administration, or public use and enjoyment. Subject to

6 valid existing rights, hunting and trapping will not be al7 lowed within the boundaries of the park.

8 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

9 There is hereby authorized to be appropriated such

10 sums as may be necessary to carry out this Act.

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