106TH CONGRESS

1ST SESSION S. 323

AMENDMENT
In the House of Representatives, U. S.,

September 27, 1999.

Resolved, That the bill from the Senate (S. 323) entitled

‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Black Canyon of the

3 Gunnison National Park and Gunnison Gorge National

4 Conservation Area Act of 1999’’.

5 SEC. 2. FINDINGS.

6 Congress finds that—

7 (1) Black Canyon of the Gunnison National

8 Monument was established for the preservation of its

9 spectacular gorges and additional features of scenic,

10 scientific, and educational interest;

11 (2) the Black Canyon of the Gunnison and adja12 cent upland include a variety of unique ecological, ge13 ological, scenic, historical, and wildlife components
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1 enhanced by the serenity and rural western setting of

2 the area;

3 (3) the Black Canyon of the Gunnison and adja4 cent land provide extensive opportunities for edu5 cational and recreational activities, and are publicly

6 used for hiking, camping, and fishing, and for wilder7 ness value, including solitude;

8 (4) adjacent public land downstream of the

9 Black Canyon of the Gunnison National Monument

10 has wilderness value and offers unique geological, pa11 leontological, scientific, educational, and recreational

12 resources;

13 (5) public land adjacent to the Black Canyon of

14 the Gunnison National Monument contributes to the

15 protection of the wildlife, viewshed, and scenic quali16 ties of the Black Canyon;

17 (6) some private land adjacent to the Black Can18 yon of the Gunnison National Monument has excep19 tional natural and scenic value that would be threat20 ened by future development pressures;

21 (7) the benefits of designating public and private

22 land surrounding the national monument as a na23 tional park include greater long-term protection of the

24 resources and expanded visitor use opportunities; and
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1 (8) land in and adjacent to the Black Canyon of

2 the Gunnison Gorge is—

3 (A) recognized for offering exceptional mul4 tiple use opportunities;

5 (B) recognized for offering natural, cultural,

6 scenic, wilderness, and recreational resources;

7 and

8 (C) worthy of additional protection as a na9 tional conservation area, and with respect to the

10 Gunnison Gorge itself, as a component of the na11 tional wilderness system.

12 SEC. 3. DEFINITIONS.

13 In this Act:

14 (1) CONSERVATION AREA.—The term ‘‘Conserva15 tion Area’’ means the Gunnison Gorge National Con16 servation Area, consisting of approximately 57,725

17 acres surrounding the Gunnison Gorge as depicted on

18 the Map.

19 (2) MAP.—The term ‘‘Map’’ means the map enti20 tled ‘‘Black Canyon of the Gunnison National Park

21 and Gunnison Gorge NCA—1/22/99’’. The map shall

22 be on file and available for public inspection in the

23 offices of the Department of the Interior.
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1 (3) PARK.—The term ‘‘Park’’ means the Black

2 Canyon of the Gunnison National Park established

3 under section 4 and depicted on the Map.

4 (4) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior.

6 SEC. 4. ESTABLISHMENT OF BLACK CANYON OF THE GUNNI7 SON NATIONAL PARK.

8 (a) ESTABLISHMENT.—There is hereby established the

9 Black Canyon of the Gunnison National Park in the State

10 of Colorado as generally depicted on the map identified in

11 section 3. The Black Canyon of the Gunnison National

12 Monument is hereby abolished as such, the lands and inter13 ests therein are incorporated within and made part of the

14 new Black Canyon of the Gunnison National Park, and any

15 funds available for purposes of the monument shall be avail16 able for purposes of the park.

17 (b) ADMINISTRATION.—Upon enactment of this title,

18 the Secretary shall transfer the lands under the jurisdiction

19 of the Bureau of Land Management which are identified

20 on the map for inclusion in the park to the administrative

21 jurisdiction of the National Park Service. The Secretary

22 shall administer the park in accordance with this Act and

23 laws generally applicable to units of the National Park Sys24 tem, including the Act entitled ‘‘An Act to establish a Na25 tional Park Service, and for other purposes’’, approved Au-
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1 gust 25, 1916 (16 U.S.C. 1, 2–4), and the Act entitled ‘‘An

2 Act to provide for the preservation of historic American

3 sites, buildings, objects, and antiquities of national signifi4 cance, and for other purposes, approved August 21, 1935

5 (16 U.S.C. 461 et seq.).

6 (c) MAPS AND LEGAL DESCRIPTION.—As soon as prac7 ticable after the date of the enactment of this Act, the Sec8 retary shall file maps and a legal description of the park

9 with the Committee on Energy and Natural Resources of

10 the United States Senate and the Committee on Resources

11 of the United States House of Representatives. Such maps

12 and legal description shall have the same force and effect

13 as if included in this Act, except that the Secretary may

14 correct clerical and typographical errors in such legals de15 scription and maps. The maps and legal description shall

16 be on file and available for public inspection in the appro17 priate offices of the National Park Service.

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

19 Federal lands within the park are hereby withdrawn from

20 all forms of entry, appropriation, or disposal under the

21 public land laws; from location, entry, and patent under

22 the mining laws; and from disposition under all laws relat23 ing to mineral and geothermal leasing, and all amendments

24 thereto.
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1 (e) GRAZING.—(1)(A) Consistent with the require2 ments of this subsection, including the limitation in para3 graph (3), the Secretary shall allow the grazing of livestock

4 within the park to continue where authorized under permits

5 or leases in existence as of the date of the enactment of this

6 Act. Grazing shall be at no more than the current level,

7 and subject to applicable laws and National Park Service

8 regulations.

9 (B) Nothing in this subsection shall be construed as

10 extending grazing privileges for any party or their assignee

11 in any area of the park where, prior to the date of the enact12 ment of this Act, such use was scheduled to expire according

13 to the terms of a settlement by the U.S. Claims Court affect14 ing property incorporated into the boundary of the Black

15 Canyon of the Gunnison National Monument.

16 (C) Nothing in this subsection shall prohibit the Sec17 retary from accepting the voluntary termination of leases

18 or permits for grazing within the park.

19 (2) Within areas of the park designated as wilderness,

20 the grazing of livestock, where authorized under permits in

21 existence as of the date of the enactment of this Act, shall

22 be permitted to continue subject to such reasonable regula23 tions, policies, and practices as the Secretary deems nec24 essary, consistent with this Act, the Wilderness Act, and
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1 other applicable laws and National Park Service regula2 tions.

3 (3) With respect to the grazing permits and leases ref4 erenced in this subsection, the Secretary shall allow grazing

5 to continue, subject to periodic renewal—

6 (A) with respect to a permit or lease issued to

7 an individual, for the lifetime of the individual who

8 was the holder of the permit or lease on the date of

9 the enactment of this Act; and

10 (B) with respect to a permit or lease issued to

11 a partnership, corporation, or other legal entity, for

12 a period which shall terminate on the same date that

13 the last permit or lease held under subparagraph (A)

14 terminates, unless the partnership, corporation, or

15 legal entity dissolves or terminates before such time,

16 in which case the permit or lease shall terminate with

17 the partnership, corporation, or legal entity.

18 SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY

19 ADJUSTMENTS.

20 (a) ADDITIONAL ACQUISITIONS.—

21 (1) IN GENERAL.—The Secretary may acquire

22 land or interests in land depicted on the Map as pro23 posed additions.

24 (2) METHOD OF ACQUISITION.—
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1 (A) IN GENERAL.—Land or interests in

2 land may be acquired by—

3 (i) donation;

4 (ii) transfer;

5 (iii) purchase with donated or appro6 priated funds; or

7 (iv) exchange.

8 (B) CONSENT.—No land or interest in land

9 may be acquired without the consent of the

10 owner of the land.

11 (b) BOUNDARY REVISION.—After acquiring land for

12 the Park, the Secretary shall—

13 (1) revise the boundary of the Park to include

14 newly-acquired land within the boundary; and

15 (2) administer newly-acquired land subject to

16 applicable laws (including regulations).

17 (c) BOUNDARY SURVEY.—As soon as practicable and

18 subject to the availability of funds the Secretary shall com19 plete an official boundary survey of the Park.

20 (d) HUNTING ON PRIVATELY OWNED LANDS.—

21 (1) IN GENERAL.—The Secretary may permit

22 hunting on privately owned land added to the Park

23 under this Act, subject to limitations, conditions, or

24 regulations that may be prescribed by the Secretary.
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1 (2) TERMINATION OF AUTHORITY.—On the date

2 that the Secretary acquires fee ownership of any pri3 vately owned land added to the Park under this Act,

4 the authority under paragraph (1) shall terminate

5 with respect to the privately owned land acquired.

6 SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNI7 SON WILDERNESS.

8 (a) EXPANSION OF BLACK CANYON OF THE GUNNISON

9 WILDERNESS.—The Black Canyon of the Gunnison Wilder10 ness, as established by subsection (b) of the first section of

11 Public Law 94–567 (90 Stat. 2692), is expanded to include

12 the parcel of land depicted on the Map as ‘‘Tract A’’ and

13 consisting of approximately 4,419 acres.

14 (b) ADMINISTRATION.—The Black Canyon of the Gun15 nison Wilderness shall be administered as a component of

16 the Park.

17 SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NA18 TIONAL CONSERVATION AREA.

19 (a) IN GENERAL.—There is established the Gunnison

20 Gorge National Conservation Area, consisting of approxi21 mately 57,725 acres as generally depicted on the Map.

22 (b) MANAGEMENT OF CONSERVATION AREA.—The Sec23 retary, acting through the Director of the Bureau of Land

24 Management, shall manage the Conservation Area to pro-
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1 tect the resources of the Conservation Area in accordance

2 with—

3 (1) this Act;

4 (2) the Federal Land Policy and Management

5 Act of 1976 (43 U.S.C. 1701 et seq.); and

6 (3) other applicable provisions of law.

7 (c) WITHDRAWAL.—Subject to valid existing rights, all

8 Federal lands within the Conservation Area are hereby

9 withdrawn from all forms of entry, appropriation or dis10 posal under the public land laws; from location, entry, and

11 patent under the mining laws; and from disposition under

12 all laws relating to mineral and geothermal leasing, and

13 all amendments thereto.

14 (d) HUNTING, TRAPPING AND FISHING.—

15 (1) IN GENERAL.—The Secretary shall permit

16 hunting, trapping, and fishing within the Conserva17 tion Area in accordance with applicable laws (includ18 ing regulations) of the United States and the State of

19 Colorado.

20 (2) EXCEPTION.—The Secretary, after consulta21 tion with the Colorado Division of Wildlife, may issue

22 regulations designating zones where and establishing

23 periods when no hunting or trapping shall be per24 mitted for reasons concerning—

25 (A) public safety;
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1 (B) administration; or

2 (C) public use and enjoyment.

3 (e) USE OF MOTORIZED VEHICLES.—In addition to

4 the use of motorized vehicles on established roadways, the

5 use of motorized vehicles in the Conservation Area shall be

6 allowed to the extent the use is compatible with off-highway

7 vehicle designations as described in the management plan

8 in effect on the date of the enactment of this Act.

9 (f) CONSERVATION AREA MANAGEMENT PLAN.—

10 (1) IN GENERAL.—Not later than 4 years after

11 the date of the enactment of this Act, the Secretary

12 shall—

13 (A) develop a comprehensive plan for the

14 long-range protection and management of the

15 Conservation Area; and

16 (B) transmit the plan to—

17 (i) the Committee on Energy and Nat18 ural Resources of the Senate; and

19 (ii) the Committee on Resources of the

20 House of Representatives.

21 (2) CONTENTS OF PLAN.—The plan—

22 (A) shall describe the appropriate uses and

23 management of the Conservation Area in accord24 ance with this Act;
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1 (B) may incorporate appropriate decisions

2 contained in any management or activity plan

3 for the area completed prior to the date of the en4 actment of this Act;

5 (C) may incorporate appropriate wildlife

6 habitat management plans or other plans pre7 pared for the land within or adjacent to the Con8 servation Area prior to the date of the enactment

9 of this Act;

10 (D) shall be prepared in close consultation

11 with appropriate Federal, State, county, and

12 local agencies; and

13 (E) may use information developed prior to

14 the date of the enactment of this Act in studies

15 of the land within or adjacent to the Conserva16 tion Area.

17 (g) BOUNDARY REVISIONS.—The Secretary may make

18 revisions to the boundary of the Conservation Area fol19 lowing acquisition of land necessary to accomplish the pur20 poses for which the Conservation Area was designated.

21 SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CON22 SERVATION AREA.

23 (a) GUNNISON GORGE WILDERNESS.—

24 (1) IN GENERAL.—Within the Conservation

25 Area, there is designated as wilderness, and as a com-
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1 ponent of the National Wilderness Preservation Sys2 tem, the Gunnison Gorge Wilderness, consisting of ap3 proximately 17,700 acres, as generally depicted on the

4 Map.

5 (2) ADMINISTRATION.—

6 (A) WILDERNESS STUDY AREA EXEMP7 TION.—The approximately 300-acre portion of

8 the wilderness study area depicted on the Map

9 for release from section 603 of the Federal Land

10 Policy and Management Act of 1976 (43 U.S.C.

11 1782) shall not be subject to section 603(c) of

12 that Act.

13 (B) INCORPORATION INTO NATIONAL CON14 SERVATION AREA.—The portion of the wilderness

15 study area described in subparagraph (A) shall

16 be incorporated into the Conservation Area.

17 (b) ADMINISTRATION.—Subject to valid rights in exist18 ence on the date of the enactment of this Act, the wilderness

19 areas designated under this Act shall be administered by

20 the Secretary in accordance with the Wilderness Act (16

21 U.S.C. 1131 et seq.) except that any reference in such provi22 sions to the effective date of the Wilderness Act shall be

23 deemed to be a reference to the effective date of this Act

24 and any reference to the Secretary of Agriculture shall be

25 deemed to be a reference to the Secretary of the Interior.
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1 (c) STATE RESPONSIBILITY.—As provided in section

2 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth3 ing in this Act or in the Wilderness Act shall affect the

4 jurisdiction or responsibilities of the State of Colorado with

5 respect to wildlife and fish on the public land located in

6 that State.

7 (d) MAPS AND LEGAL DESCRIPTIONS.—As soon as

8 practicable after the date of the enactment of this section,

9 the Secretary of the Interior shall file a map and a legal

10 description of the Gunnison Gorge Wilderness with the

11 Committee on Energy and Natural Resources of the United

12 States Senate and the Committee on Resources of the United

13 States House of Representatives. This map and description

14 shall have the same force and effect as if included in this

15 Act. The Secretary of the Interior may correct clerical and

16 typographical errors in the map and legal description. The

17 map and legal description shall be on file and available

18 in the office of the Director of the BLM.

19 SEC. 9. WITHDRAWAL.

20 Subject to valid existing rights, the Federal lands iden21 tified on the Map as ‘‘BLM Withdrawal (Tract B)’’ (com22 prising approximately 1,154 acres) are hereby withdrawn

23 from all forms of entry, appropriation or disposal under

24 the public land laws; from location, entry, and patent under

25 the mining laws; and from disposition under all laws relat-
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1 ing to mineral and geothermal leasing, and all amendments

2 thereto.

3 SEC. 10. WATER RIGHTS.

4 (a) EFFECT ON WATER RIGHTS.—Nothing in this Act

5 shall—

6 (1) constitute an express or implied reservation

7 of water for any purpose; or

8 (2) affect any water rights in existence prior to

9 the date of the enactment of this Act, including any

10 water rights held by the United States.

11 (b) ADDITIONAL WATER RIGHTS.—Any new water

12 right that the Secretary determines is necessary for the pur13 poses of this Act shall be established in accordance with the

14 procedural and substantive requirements of the laws of the

15 State of Colorado.

16 SEC. 11. STUDY OF LANDS WITHIN AND ADJACENT TO

17 CURECANTI NATIONAL RECREATION AREA.

18 (a) IN GENERAL.—Not later than 3 years after the

19 date of the enactment of this Act, the Secretary, acting

20 through the Director of the National Park Service, shall

21 conduct a study concerning land protection and open space

22 within and adjacent to the area administered as the

23 Curecanti National Recreation Area.

24 (b) PURPOSE OF STUDY.—The study required to be

25 completed under subsection (a) shall—
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1 (1) assess the natural, cultural, recreational and

2 scenic resource value and character of the land within

3 and surrounding the Curecanti National Recreation

4 Area (including open vistas, wildlife habitat, and

5 other public benefits);

6 (2) identify practicable alternatives that protect

7 the resource value and character of the land within

8 and surrounding the Curecanti National Recreation

9 Area;

10 (3) recommend a variety of economically feasible

11 and viable tools to achieve the purposes described in

12 paragraphs (1) and (2); and

13 (4) estimate the costs of implementing the ap14 proaches recommended by the study.

15 (c) SUBMISSION OF REPORT.—Not later than 3 years

16 from the date of the enactment of this Act, the Secretary

17 shall submit a report to Congress that—

18 (1) contains the findings of the study required by

19 subsection (a);

20 (2) makes recommendations to Congress with re21 spect to the findings of the study required by sub22 section (a); and

23 (3) makes recommendations to Congress regard24 ing action that may be taken with respect to the land

25 described in the report.
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1 (d) ACQUISITION OF ADDITIONAL LAND AND INTER2 ESTS IN LAND.—

3 (1) IN GENERAL.—Prior to the completion of the

4 study required by subsection (a), the Secretary may

5 acquire certain private land or interests in land as

6 depicted on the Map entitled ‘‘Proposed Additions to

7 the Curecanti National Recreation Area,’’ dated 01/

8 25/99, totaling approximately 1,065 acres and enti9 tled ‘‘Hall and Fitti properties’’.

10 (2) METHOD OF ACQUISITION.—

11 (A) IN GENERAL.—Land or an interest in

12 land under paragraph (1) may be acquired by—

13 (i) donation;

14 (ii) purchase with donated or appro15 priated funds; or

16 (iii) exchange.

17 (B) CONSENT.—No land or interest in land

18 may be acquired without the consent of the

19 owner of the land.

20 (C) BOUNDARY REVISIONS FOLLOWING AC21 QUISITION.—Following the acquisition of land

22 under paragraph (1), the Secretary shall—

23 (i) revise the boundary of the

24 Curecanti National Recreation Area to in25 clude newly-acquired land; and
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1 (ii) administer newly-acquired land

2 according to applicable laws (including reg3 ulations).

4 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums as

6 are necessary to carry out this Act.

Attest:

Clerk.