S. 323

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

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.

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

National Park and Gunnison Gorge National Conservation Area

Act of 1999’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) Black Canyon of the Gunnison National Monument

was established for the preservation of its spectacular gorges

and additional features of scenic, scientific, and educational

interest;

(2) the Black Canyon of the Gunnison and adjacent upland

include a variety of unique ecological, geological, scenic, historical, and wildlife components enhanced by the serenity and

rural western setting of the area;

(3) the Black Canyon of the Gunnison and adjacent land

provide extensive opportunities for educational and recreational

activities, and are publicly used for hiking, camping, and

fishing, and for wilderness value, including solitude;

(4) adjacent public land downstream of the Black Canyon

of the Gunnison National Monument has wilderness value and

offers unique geological, paleontological, scientific, educational,

and recreational resources;

(5) public land adjacent to the Black Canyon of the Gunnison National Monument contributes to the protection of the

wildlife, viewshed, and scenic qualities of the Black Canyon;

(6) some private land adjacent to the Black Canyon of

the Gunnison National Monument has exceptional natural and

scenic value that would be threatened by future development

pressures;

(7) the benefits of designating public and private land

surrounding the national monument as a national park include

greater long-term protection of the resources and expanded

visitor use opportunities; and

(8) land in and adjacent to the Black Canyon of the Gunnison Gorge is—

(A) recognized for offering exceptional multiple use

opportunities;
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(B) recognized for offering natural, cultural, scenic,

wilderness, and recreational resources; and

(C) worthy of additional protection as a national conservation area, and with respect to the Gunnison Gorge

itself, as a component of the national wilderness system.

SEC. 3. DEFINITIONS.

In this Act:

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’

means the Gunnison Gorge National Conservation Area, consisting of approximately 57,725 acres surrounding the Gunnison

Gorge as depicted on the Map.

(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Black

Canyon of the Gunnison National Park and Gunnison Gorge

NCA—1/22/99’’. The map shall be on file and available for

public inspection in the offices of the Department of the Interior.

(3) PARK.—The term ‘‘Park’’ means the Black Canyon of

the Gunnison National Park established under section 4 and

depicted on the Map.

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

of the Interior.

SEC. 4. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON

NATIONAL PARK.

(a) ESTABLISHMENT.—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.

(b) ADMINISTRATION.—Upon enactment of this title, the Secretary shall transfer the lands under the jurisdiction of the Bureau

of Land Management which are identified on the map for inclusion

in the park to the administrative jurisdiction of the National Park

Service. The Secretary shall administer the park in accordance

with this Act and laws generally applicable to units of the National

Park System, including the Act entitled ‘‘An Act to establish a

National Park Service, and for other purposes’’, approved August

25, 1916 (16 U.S.C. 1, 2–4), and the Act entitled ‘‘An Act to provide

for the preservation of historic American sites, buildings, objects,

and antiquities of national significance, and for other purposes,

approved August 21, 1935 (16 U.S.C. 461 et seq.).

(c) MAPS AND LEGAL DESCRIPTION.—As soon as practicable after

the date of the enactment of this Act, the Secretary shall file

maps and a legal description of the park with the Committee

on Energy and Natural Resources of the United States Senate

and the Committee on Resources of the United States House of

Representatives. Such maps and legal description shall have the

same force and effect as if included in this Act, except that the

Secretary may correct clerical and typographical errors in such

legal description and maps. The maps and legal description shall

be on file and available for public inspection in the appropriate

offices of the National Park Service.

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

lands within the park are hereby withdrawn from all forms of

entry, appropriation, or disposal under the public land laws; from
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location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing,

and all amendments thereto.

(e) GRAZING.—(1)(A) Consistent with the requirements of this

subsection, including the limitation in paragraph (3), the Secretary

shall allow the grazing of livestock within the park to continue

where authorized under permits or leases in existence as of the

date of the enactment of this Act. Grazing shall be at no more

than the current level, and subject to applicable laws and National

Park Service regulations.

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

grazing privileges for any party or their assignee in any area

of the park where, prior to the date of the enactment of this

Act, such use was scheduled to expire according to the terms of

a settlement by the United States Claims Court affecting property

incorporated into the boundary of the Black Canyon of the Gunnison

National Monument.

(C) Nothing in this subsection shall prohibit the Secretary

from accepting the voluntary termination of leases or permits for

grazing within the park.

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

grazing of livestock, where authorized under permits in existence

as of the date of the enactment of this Act, shall be permitted

to continue subject to such reasonable regulations, policies, and

practices as the Secretary deems necessary, consistent with this

Act, the Wilderness Act, and other applicable laws and National

Park Service regulations.

(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 a permit or lease issued to a partnership,

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) 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 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 as proposed additions.

(2) METHOD OF ACQUISITION.—

(A) IN GENERAL.—Land or interests in land may be

acquired by—

(i) donation;

(ii) transfer;

(iii) purchase with donated or appropriated funds;

or

(iv) exchange.

(B) CONSENT.—No land or interest in land may be

acquired without the consent of the owner of the land.
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(b) BOUNDARY REVISION.—After acquiring land for the Park,

the Secretary shall—

(1) revise the boundary of the Park to include newlyacquired land within the boundary; and

(2) administer newly-acquired land subject to applicable

laws (including regulations).

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

to the availability of funds the Secretary shall complete an official

boundary survey of the Park.

(d) HUNTING ON PRIVATELY OWNED LANDS.—

(1) IN GENERAL.—The Secretary may permit hunting on

privately owned land added to the Park under this Act, subject

to limitations, conditions, or regulations that may be prescribed

by the Secretary.

(2) TERMINATION OF AUTHORITY.—On the date that the

Secretary acquires fee ownership of any privately owned land

added to the Park under this Act, the authority under paragraph (1) shall terminate with respect to the privately owned

land acquired.

SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON

WILDERNESS.

(a) EXPANSION OF BLACK CANYON OF THE GUNNISON WILDERNESS.—The Black Canyon of the Gunnison Wilderness, as established by subsection (b) of the first section of Public Law 94–

567 (90 Stat. 2692), is expanded to include the parcel of land

depicted on the Map as ‘‘Tract A’’ and consisting of approximately

4,419 acres.

(b) ADMINISTRATION.—The Black Canyon of the Gunnison

Wilderness shall be administered as a component of the Park.

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

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

National Conservation Area, consisting of approximately 57,725

acres as generally depicted on the Map.

(b) MANAGEMENT OF CONSERVATION AREA.—The Secretary,

acting through the Director of the Bureau of Land Management,

shall manage the Conservation Area to protect the resources of

the Conservation Area in accordance with—

(1) this Act;

(2) the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.); and

(3) other applicable provisions of law.

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

lands within the Conservation Area are hereby withdrawn from

all forms of entry, appropriation or disposal under the public land

laws; from location, entry, and patent under the mining laws;

and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto.

(d) HUNTING, TRAPPING, AND FISHING.—

(1) IN GENERAL.—The Secretary shall permit hunting, trapping, and fishing within the Conservation Area in accordance

with applicable laws (including regulations) of the United

States and the State of Colorado.

(2) EXCEPTION.—The Secretary, after consultation with the

Colorado Division of Wildlife, may issue regulations designating
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zones where and establishing periods when no hunting or trapping shall be permitted for reasons concerning—

(A) public safety;

(B) administration; or

(C) public use and enjoyment.

(e) USE OF MOTORIZED VEHICLES.—In addition to the use of

motorized vehicles on established roadways, the use of motorized

vehicles in the Conservation Area shall be allowed to the extent

the use is compatible with off-highway vehicle designations as

described in the management plan in effect on the date of the

enactment of this Act.

(f) CONSERVATION AREA MANAGEMENT PLAN.—

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

of the enactment of this Act, the Secretary shall—

(A) develop a comprehensive plan for the long-range

protection and management of the Conservation Area; and

(B) transmit the plan to—

(i) the Committee on Energy and Natural

Resources of the Senate; and

(ii) the Committee on Resources of the House of

Representatives.

(2) CONTENTS OF PLAN.—The plan—

(A) shall describe the appropriate uses and management of the Conservation Area in accordance with this

Act;

(B) may incorporate appropriate decisions contained

in any management or activity plan for the area completed

prior to the date of the enactment of this Act;

(C) may incorporate appropriate wildlife habitat

management plans or other plans prepared for the land

within or adjacent to the Conservation Area prior to the

date of the enactment of this Act;

(D) shall be prepared in close consultation with appropriate Federal, State, county, and local agencies; and

(E) may use information developed prior to the date

of the enactment of this Act in studies of the land within

or adjacent to the Conservation Area.

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

to the boundary of the Conservation Area following acquisition

of land necessary to accomplish the purposes for which the Conservation Area was designated.

SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION

AREA.

(a) GUNNISON GORGE WILDERNESS.—

(1) IN GENERAL.—Within the Conservation Area, there is

designated as wilderness, and as a component of the National

Wilderness Preservation System, the Gunnison Gorge Wilderness, consisting of approximately 17,700 acres, as generally

depicted on the Map.

(2) ADMINISTRATION.—

(A) WILDERNESS STUDY AREA EXEMPTION.—The

approximately 300-acre portion of the wilderness study

area depicted on the Map for release from section 603

of the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1782) shall not be subject to section 603(c)

of that Act.
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(B) INCORPORATION INTO NATIONAL CONSERVATION

AREA.—The portion of the wilderness study area described

in subparagraph (A) shall be incorporated into the Conservation Area.

(b) ADMINISTRATION.—Subject to valid rights in existence on

the date of the enactment of this Act, the wilderness areas designated under this Act shall be administered by the Secretary

in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.)

except that any reference in such provisions to the effective date

of the Wilderness Act shall be deemed to be a reference to the

effective date of this Act and any reference to the Secretary of

Agriculture shall be deemed to be a reference to the Secretary

of the Interior.

(c) STATE RESPONSIBILITY.—As provided in section 4(d)(7) of

the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or

in the Wilderness Act shall affect the jurisdiction or responsibilities

of the State of Colorado with respect to wildlife and fish on the

public land located in that State.

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

after the date of the enactment of this section, the Secretary of

the Interior shall file a map and a legal description of the Gunnison

Gorge Wilderness with the Committee on Energy and Natural

Resources of the United States Senate and the Committee on

Resources of the United States House of Representatives. This

map and description shall have the same force and effect as if

included in this Act. The Secretary of the Interior may correct

clerical and typographical errors in the map and legal description.

The map and legal description shall be on file and available in

the office of the Director of the Bureau of Land Management (BLM).

SEC. 9. WITHDRAWAL.

Subject to valid existing rights, the Federal lands identified

on the Map as ‘‘BLM Withdrawal (Tract B)’’ (comprising approximately 1,154 acres) are hereby withdrawn from all forms of entry,

appropriation or disposal under the public land laws; from location,

entry, and patent under the mining laws; and from disposition

under all laws relating to mineral and geothermal leasing, and

all amendments thereto.

SEC. 10. WATER RIGHTS.

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

(1) constitute an express or implied reservation of water

for any purpose; or

(2) affect any water rights in existence prior to the date

of the enactment of this Act, including any water rights held

by the United States.

(b) ADDITIONAL WATER RIGHTS.—Any new water right that

the Secretary determines is necessary for the purposes of this

Act shall be established in accordance with the procedural and

substantive requirements of the laws of the State of Colorado.

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

NATIONAL RECREATION AREA.

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

the enactment of this Act, the Secretary, acting through the Director

of the National Park Service, shall conduct a study concerning

land protection and open space within and adjacent to the area

administered as the Curecanti National Recreation Area.
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(b) PURPOSE OF STUDY.—The study required to be completed

under subsection (a) shall—

(1) assess the natural, cultural, recreational and scenic

resource value and character of the land within and surrounding the Curecanti National Recreation Area (including

open vistas, wildlife habitat, and other public benefits);

(2) identify practicable alternatives that protect the

resource value and character of the land within and surrounding the Curecanti National Recreation Area;

(3) recommend a variety of economically feasible and viable

tools to achieve the purposes described in paragraphs (1) and

(2); and

(4) estimate the costs of implementing the approaches recommended by the study.

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

date of the enactment of this Act, the Secretary shall submit a

report to Congress that—

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

(a);

(2) makes recommendations to Congress with respect to

the findings of the study required by subsection (a); and

(3) makes recommendations to Congress regarding action

that may be taken with respect to the land described in the

report.

(d) ACQUISITION OF ADDITIONAL LAND AND INTERESTS IN

LAND.—

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

required by subsection (a), the Secretary may acquire certain

private land or interests in land as depicted on the Map entitled

‘‘Proposed Additions to the Curecanti National Recreation

Area’’, dated 01/25/99, totaling approximately 1,065 acres and

entitled ‘‘Hall and Fitti properties’’.

(2) METHOD OF ACQUISITION.—

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

paragraph (1) may be acquired by—

(i) donation;

(ii) purchase with donated or appropriated funds;

or

(iii) exchange.

(B) CONSENT.—No land or interest in land may be

acquired without the consent of the owner of the land.

(C) BOUNDARY REVISIONS FOLLOWING ACQUISITION.—

Following the acquisition of land under paragraph (1), the

Secretary shall—

(i) revise the boundary of the Curecanti National

Recreation Area to include newly-acquired land; and

(ii) administer newly-acquired land according to

applicable laws (including regulations).
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SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.