Calendar No. 140

106TH CONGRESS

1ST SESSION S. 323

[Report No. 106–69]

A BILL

To redesignate the Black Canyon of the Gunnison

tion Area, and for other purposes.tablish the Gunnison Gorge National ConservaNational Monument as a national park and esJUNE 8 (legislative day, JUNE 7), 1999

Reported with an amendment
II

Calendar No. 140

106TH CONGRESS

1ST SESSION S. 323

[Report No. 106–69]

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.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1999

Mr. CAMPBELL (for himself and Mr. ALLARD) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

JUNE 8 (legislative day, JUNE 7), 1999

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.

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

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

3 Park and Gunnison Gorge National Conservation Area

4 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 and adjacent upland in12 clude a variety of unique ecological, geological, sce13 nic, historical, and wildlife components enhanced by

14 the serenity and rural western setting of the area;

15 (3) the Black Canyon and adjacent land provide

16 extensive opportunities for educational and rec17 reational activities, and are publicly used for hiking,

18 camping, and fishing, and for wilderness value, in19 cluding solitude;

20 (4) adjacent public land downstream of the

21 Black Canyon of the Gunnison National Monument

22 has wilderness value and offers unique geological,

23 paleontological, scientific, educational, and rec24 reational resources;

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

26 the Gunnison National Monument contributes to the
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1 protection of the wildlife, viewshed, and scenic quali2 ties of the Black Canyon;

3 (6) some private land adjacent to the Black

4 Canyon of the Gunnison National Monument has ex5 ceptional natural and scenic value, that, would be

6 threatened by future development pressures;

7 (7) the benefits of designating public and pri8 vate land surrounding the national monument as a

9 national park include greater long-term protection of

10 the resources and expanded visitor use opportunities;

11 and

12 (8) land in and adjacent to the Black Canyon

13 of the Gunnison Gorge is—

14 (A) recognized for offering exceptional

15 multiple use opportunities;

16 (B) recognized for offering natural, cul17 tural, scenic, wilderness, and recreational re18 sources; and

19 (C) worthy of additional protection as a

20 national conservation area, and with respect to

21 the Gunnison Gorge itself, as a component of

22 the national wilderness system.

23 SEC. 3. DEFINITIONS.

24 In this Act:
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1 (1) CONSERVATION AREA.—The term ‘‘Con2 servation Area’’ means the Gunnison Gorge National

3 Conservation Area, consisting of approximately

4 57,725 acres surrounding the Gunnison Gorge as

5 depicted on the Map.

6 (2) MAP.—The term ‘‘Map’’ means the map en7 titled ‘‘Black Canyon National Park and Gunnison

8 Gorge NCA—1/22/99’’.

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

10 Canyon National Park established under section 4

11 and depicted on the Map.

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

13 the Secretary of the Interior.

14 SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL

15 PARK.

16 (a) ESTABLISHMENT.—

17 (1) IN GENERAL.—There is established the

18 Black Canyon National Park in the State of Colo19 rado, as generally depicted on the Map.

20 (2) AVAILABILITY OF MAP.—The Map shall be

21 on file and available for public inspection in the of22 fices of the National Park Service of the Depart23 ment of the Interior.

24 (3) REDESIGNATION OF MONUMENT.—
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1 (A) TERMINATION OF BLACK CANYON DES2 IGNATION.—The designation of the Black Can3 yon of the Gunnison National Monument in ex4 istence on the date of enactment of this Act is

5 terminated.

6 (B) TRANSFER.—All land and interests

7 within the boundary of the Black Canyon of the

8 Gunnison National Monument are incorporated

9 in and made part of the Black Canyon National

10 Park, including—

11 (i) land and interests within the

12 boundary of the Black Canyon of the Gun13 nison National Monument as established

14 by section 2(a) of the first section of Pub15 lic Law 98–357; and

16 (ii) any land and interests identified

17 on the Map and transferred by the Bureau

18 of Land Management under this Act.

19 (C) REFERENCE TO PARK.—Any reference

20 to the Black Canyon of the Gunnison National

21 Monument shall be deemed a reference to Black

22 Canyon National Park.

23 (D) FUNDS.—Any funds made available

24 for the purposes of the Black Canyon of the
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1 Gunnison National Monument shall be available

2 for purposes of the Park.

3 (b) AUTHORITY.—The Secretary, acting through the

4 Director of the National Park Service, shall manage the

5 Park subject to valid rights, in accordance with this Act

6 and the provisions of law applicable to units of the Na7 tional Park System, including—

8 (1) the Act entitled ‘‘An Act to establish a Na9 tional Park Service, and for other purposes’’, ap10 proved August 25, 1916 (16 U.S.C. 1 et seq.);

11 (2) the Act entitled ‘‘An Act to provide for the

12 preservation of historic American sites, buildings,

13 objects, and antiquities of national significance, and

14 for other purposes’’, approved August 21, 1935 (16

15 U.S.C. 461 et seq.); and

16 (3) other applicable provisions of law.

17 (c) GRAZING.—

18 (1) GRAZING PERMITTED.—The Secretary may

19 permit grazing within the Park, if the use of the

20 Park for grazing is permitted on the date of enact21 ment of this Act.

22 (2) GRAZING PLAN.—The Secretary shall pre23 pare a grazing management plan to administer any

24 grazing activities within the Park.
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1 SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUND2 ARY ADJUSTMENTS.

3 (a) ADDITIONAL ACQUISITIONS.—

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

5 land or interests in land depicted on the Map as pro6 posed additions.

7 (2) METHOD OF ACQUISITION.—

8 (A) IN GENERAL.—Land or interests in

9 land may be acquired by—

10 (i) donation;

11 (ii) transfer;

12 (iii) purchase with donated or appro13 priated funds; or

14 (iv) exchange.

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

16 land may be acquired without the consent of

17 the owner of the land.

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

19 the Park, the Secretary shall—

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

21 newly-acquired land within the boundary; and

22 (2) administer newly-acquired land subject to

23 applicable laws (including regulations).

24 (c) BOUNDARY SURVEY.—Not later than 5 years

25 after the date of enactment of this Act, the Secretary shall

26 complete an official boundary survey of the Park
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1 (d) HUNTING ON PRIVATELY OWNED LANDS.—

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

3 hunting on privately owned land added to the Park

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

5 regulations that may be prescribed by the Secretary.

6 (2) TERMINATION OF AUTHORITY.—On the

7 date that the Secretary acquires fee ownership of

8 any privately owned land added to the Park under

9 this Act, the authority under paragraph (1) shall

10 terminate with respect to the privately owned land

11 acquired.

12 SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNI13 SON WILDERNESS.

14 (a) EXPANSION OF BLACK CANYON.—The Black

15 Canyon of the Gunnison Wilderness, as established by

16 subsection (b) of the first section of Public Law 94–567

17 (90 Stat. 2692), is expanded to include the parcel of land

18 depicted on the Map as ‘‘Tract A’’ and consisting of ap19 proximately 4,460 acres.

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

21 Gunnison Wilderness shall be administered as a compo22 nent of the Park.
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1 SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NA2 TIONAL CONSERVATION AREA.

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

4 Gorge National Conservation Area, consisting of approxi5 mately 57,725 acres as generally depicted on the Map.

6 (b) MANAGEMENT OF CONSERVATION AREA.—The

7 Secretary, acting through the Director of the Bureau of

8 Land Management, shall manage the Conservation Area

9 to protect the resources of the Conservation Area in ac10 cordance with—

11 (1) this Act;

12 (2) the Federal Land Policy and Management

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

14 (3) other applicable provisions of law.

15 (c) WITHDRAWAL OF LAND.—Subject to valid rights

16 in existence on the date of enactment of this Act, all Fed17 eral land and interests within the Conservation Area ac18 quired by the United States are withdrawn from—

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

20 under the public land laws;

21 (2) location, entry, and patent under the mining

22 laws; and

23 (3) operation of the mineral leasing and geo24 thermal leasing laws.

25 (d) PERMITTED USES.—
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1 (1) IN GENERAL.—The Secretary shall permit

2 hunting, trapping, and fishing within the Conserva3 tion Area in accordance with applicable laws (includ4 ing regulations) of the United States and the State

5 of Colorado.

6 (2) EXCEPTION.—The Secretary, after con7 sultation with the Colorado Division of Wildlife, may

8 issue regulations designating zones where and estab9 lishing periods when no hunting or trapping shall be

10 permitted for reasons concerning—

11 (A) public safety;

12 (B) administration; or

13 (C) public use and enjoyment.

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

15 the use of motorized vehicles on established roadways, the

16 use of motorized vehicles in the Conservation Area shall

17 be allowed—

18 (1) to the extent the use is compatible with off19 highway vehicle designations as described in the

20 management plan in effect on the date of enactment

21 of this Act; or

22 (2) to the extent the use is practicable under a

23 management plan prepared under this Act.

24 (f) CONSERVATION AREA MANAGEMENT PLAN.—
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1 (1) IN GENERAL.—Not later than 4 years after

2 the date of enactment of this Act, the Secretary

3 shall—

4 (A) develop a comprehensive plan for the

5 long-range protection and management of the

6 Conservation Area; and

7 (B) transmit the plan to—

8 (i) the Committee on Energy and

9 Natural Resources of the Senate; and

10 (ii) the Committee on Resources of

11 the House of Representatives.

12 (2) CONTENTS OF PLAN.—The plan—

13 (A) shall describe the appropriate uses and

14 management of the Conservation Area in ac15 cordance with this Act;

16 (B) may incorporate appropriate decisions

17 contained in any management or activity plan

18 for the area completed prior to the date of en19 actment of this Act;

20 (C) may incorporate appropriate wildlife

21 habitat management plans or other plans pre22 pared for the land within or adjacent to the

23 Conservation Area prior to the date of enact24 ment of this Act;
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1 (D) shall be prepared in close consultation

2 with appropriate Federal, State, county, and

3 local agencies; and

4 (E) shall use information developed prior

5 to the date of enactment of this Act in studies

6 of the land within or adjacent to the Conserva7 tion Area.

8 (g) BOUNDARY REVISIONS.—The Secretary may

9 make revisions to the boundary of the Conservation Area

10 following acquisition of land necessary to accomplish the

11 purposes for which the Conservation Area was designated.

12 SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CON13 SERVATION AREA.

14 (a) GUNNISON GORGE WILDERNESS.—

15 (1) IN GENERAL.—Within the Conservation

16 Area, there is designated as wilderness, and as a

17 component of the National Wilderness Preservation

18 System, the Gunnison Gorge Wilderness, consisting

19 of approximately 17,700 acres, as generally depicted

20 on the Map.

21 (2) ADMINISTRATION.—

22 (A) WILDERNESS STUDY AREA EXEMP23 TION.—The approximately 300-acre portion of

24 the wilderness study area depicted on the Map

25 for release from section 603 of the Federal
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1 Land Policy and Management Act of 1976 (43

2 U.S.C. 1782) shall not be subject to section

3 603(c) of that Act.

4 (B) INCORPORATION INTO NATIONAL CON5 SERVATION AREA.—The portion of the wilder6 ness study area described in subparagraph (A)

7 shall be incorporated into the Conservation

8 Area.

9 (b) ADMINISTRATION.—Subject to valid rights in ex10 istence on the date of enactment of this Act, the wilder11 ness areas designated under this Act shall be administered

12 by the Secretary in accordance with the Wilderness Act

13 (16 U.S.C. 1131 et seq.).

14 (c) STATE RESPONSIBILITY.—As provided in section

15 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),

16 nothing in this Act or in the Wilderness Act shall affect

17 the jurisdiction or responsibilities of the State of Colorado

18 with respect to wildlife and fish on the public land located

19 in that State.

20 SEC. 9. WITHDRAWAL.

21 The land identified as tract B on the Map, consisting

22 of approximately 1,554 acres, is withdrawn—

23 (1) from all forms of entry, appropriation, or

24 disposal under the public land laws;
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1 (2) from location, entry, and patent under the

2 mining laws; and

3 (3) from operation of the mineral leasing and

4 geothermal leasing laws.

5 SEC. 10. WATER RIGHTS.

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

7 Act shall—

8 (1) constitute an express or implied reservation

9 of water for any purpose; or

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

11 the date of enactment of this Act, including any

12 water rights held by the United States.

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

14 right that the Secretary determines is necessary for the

15 purposes of this Act shall be established in accordance

16 with the procedural and substantive requirements of the

17 laws of the State of Colorado.

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

19 CURECANTI NATIONAL RECREATION AREA.

20 (a) IN GENERAL.—Not later than 2 years after the

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

22 through the Director of the National Park Service, shall

23 conduct a study concerning land protection and open space

24 within and adjacent to the area administered as the

25 Curecanti National Recreation Area.
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1 (b) PURPOSE OF STUDY.—The study required to be

2 completed under subsection (a) shall—

3 (1) assess the natural, cultural, recreational

4 and scenic resource value and character of the land

5 within and surrounding the Curecanti National

6 Recreation Area (including open vistas, wildlife habi7 tat, and other public benefits);

8 (2) identify practicable alternatives that protect

9 the resource value and character of the land within

10 and surrounding the Curecanti National Recreation

11 Area;

12 (3) recommend a variety of economically fea13 sible and viable tools to achieve the purposes de14 scribed in paragraphs (1) and (2); and

15 (4) estimate the costs of implementing the ap16 proaches recommended by the study.

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

18 from the date of enactment of this Act, the Secretary shall

19 submit a report to Congress that—

20 (1) contains the findings of the study required

21 by subsection (a);

22 (2) makes recommendations to Congress with

23 respect to the findings of the study required by sub24 section (a); and
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1 (3) makes recommendations to Congress re2 garding action that may be taken with respect to the

3 land described in the report.

4 (d) ACQUISITION OF ADDITIONAL LAND AND INTER5 ESTS IN LAND.—

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

7 the study required by subsection (a), the Secretary

8 may acquire certain private land or interests in land

9 as depicted on the Map entitled ‘‘Proposed Additions

10 to the Curecanti National Recreation Area,’’ dated

11 09/15/98, totaling approximately 1,065 acres and

12 entitled ‘‘Hall and Fitti properties’’.

13 (2) METHOD OF ACQUISITION.—

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

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

16 (i) donation;

17 (ii) purchase with donated or appro18 priated funds; or

19 (iii) exchange.

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

21 land may be acquired without the consent of

22 the owner of the land.

23 (C) BOUNDARY REVISIONS FOLLOWING AC24 QUISITION.—Following the acquisition of land

25 under paragraph (1), the Secretary shall—
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1 (i) revise the boundary of the

2 Curecanti National Recreation Area to in3 clude newly-acquired land; and

4 (ii) administer newly-acquired land ac5 cording to applicable laws (including regu6 lations).

7 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such sums

9 as are necessary to carry out this Act.

10 SECTION 1. SHORT TITLE.

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

12 Gunnison National Park and Gunnison Gorge National

13 Conservation Area Act of 1999’’.

14 SEC. 2. FINDINGS.

15 Congress finds that—

16 (1) Black Canyon of the Gunnison National

17 Monument was established for the preservation of its

18 spectacular gorges and additional features of scenic,

19 scientific, and educational interest;

20 (2) the Black Canyon of the Gunnison and adja21 cent upland include a variety of unique ecological, ge22 ological, scenic, historical, and wildlife components

23 enhanced by the serenity and rural western setting of

24 the area;
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1 (3) the Black Canyon of the Gunnison and adja2 cent land provide extensive opportunities for edu3 cational and recreational activities, and are publicly

4 used for hiking, camping, and fishing, and for wilder5 ness value, including solitude;

6 (4) adjacent public land downstream of the

7 Black Canyon of the Gunnison National Monument

8 has wilderness value and offers unique geological, pa9 leontological, scientific, educational, and recreational

10 resources;

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

12 the Gunnison National Monument contributes to the

13 protection of the wildlife, viewshed, and scenic quali14 ties of the Black Canyon;

15 (6) some private land adjacent to the Black Can16 yon of the Gunnison National Monument has excep17 tional natural and scenic value that would be threat18 ened by future development pressures;

19 (7) the benefits of designating public and private

20 land surrounding the national monument as a na21 tional park include greater long-term protection of the

22 resources and expanded visitor use opportunities; and

23 (8) land in and adjacent to the Black Canyon of

24 the Gunnison Gorge is—
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1 (A) recognized for offering exceptional mul2 tiple use opportunities;

3 (B) recognized for offering natural, cultural,

4 scenic, wilderness, and recreational resources;

5 and

6 (C) worthy of additional protection as a na7 tional conservation area, and with respect to the

8 Gunnison Gorge itself, as a component of the na9 tional wilderness system.

10 SEC. 3. DEFINITIONS.

11 In this Act:

12 (1) CONSERVATION AREA.—The term ‘‘Conserva13 tion Area’’ means the Gunnison Gorge National Con14 servation Area, consisting of approximately 57,725

15 acres surrounding the Gunnison Gorge as depicted on

16 the Map.

17 (2) MAP.—The term ‘‘Map’’ means the map enti18 tled ‘‘Black Canyon of the Gunnison National Park

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

20 be on file and available for public inspection in the

21 offices of the Department of the Interior.

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

23 Canyon of the Gunnison National Park established

24 under section 4 and depicted on the Map.
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 SEC. 4. ESTABLISHMENT OF BLACK CANYON OF THE GUNNI4 SON NATIONAL PARK.

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

6 Black Canyon of the Gunnison National Park in the State

7 of Colorado as generally depicted on the map identified in

8 section 3. The Black Canyon of the Gunnison National

9 Monument is hereby abolished as such, the lands and inter10 ests therein are incorporated within and made part of the

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

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

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

15 the Secretary shall transfer the lands under the jurisdiction

16 of the Bureau of Land Management which are identified

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

18 jurisdiction of the National Park Service. The Secretary

19 shall administer the park in accordance with this Act and

20 laws generally applicable to units of the National Park Sys21 tem, including the Act entitled ‘‘An Act to establish a Na22 tional Park Service, and for other purposes’’, approved Au23 gust 25, 1916 (16 U.S.C. 1, 2–4), and the Act entitled ‘‘An

24 Act to provide for the preservation of historic American

25 sites, buildings, objects, and antiquities of national signifi-
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1 cance, and for other purposes, approved August 21, 1935

2 (16 U.S.C. 461 et seq.).

3 (c) MAPS AND LEGAL DESCRIPTION.—As soon as prac4 ticable after the date of enactment of this Act, the Secretary

5 shall file maps and a legal description of the park with

6 the Committee on Energy and Natural Resources of the

7 United States Senate and the Committee on Resources of

8 the United States House of Representatives. Such maps and

9 legal description shall have the same force and effect as if

10 included in this Act, except that the Secretary may correct

11 clerical and typographical errors in such legals description

12 and maps. The maps and legal description shall be on file

13 and available for public inspection in the appropriate of14 fices of the National Park Service.

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

16 Federal lands within the park are hereby withdrawn from

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

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

19 the mining laws; and from disposition under all laws relat20 ing to mineral and geothermal leasing, and all amendments

21 thereto.

22 (e) GRAZING.—(1)(A) Consistent with the require23 ments of this subsection, including the limitation in para24 graph (3), the Secretary shall allow the grazing of livestock

25 within the park to continue where authorized under permits
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1 or leases in existence as of the date of enactment of this

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

3 and subject to applicable laws and National Park Service

4 regulations.

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

6 extending grazing privileges for any party or their assignee

7 in any area of the park where, prior to the date of enact8 ment of this Act, such use was scheduled to expire according

9 to the terms of a settlement by the U.S. Claims Court affect10 ing property incorporated into the boundary of the Black

11 Canyon of the Gunnison National Monument.

12 (C) Nothing in this subsection shall prohibit the Sec13 retary from accepting the voluntary termination of leases

14 or permits for grazing within the park.

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

16 the grazing of livestock, where authorized under permits in

17 existence as of the date of enactment of this Act, shall be

18 permitted to continue subject to such reasonable regulations,

19 policies, and practices as the Secretary deems necessary,

20 consistent with this Act, the Wilderness Act, and other ap21 plicable laws and National Park Service regulations.

22 (3) With respect to the grazing permits and leases ref23 erenced in this subsection, the Secretary shall allow grazing

24 to continue, subject to periodic renewal, for a period equal
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1 to the lifetime of the holder of the grazing permit or lease

2 as of the date of enactment of this Act.

3 SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY

4 ADJUSTMENTS.

5 (a) ADDITIONAL ACQUISITIONS.—

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

7 land or interests in land depicted on the Map as pro8 posed additions.

9 (2) METHOD OF ACQUISITION.—

10 (A) IN GENERAL.—Land or interests in

11 land may be acquired by—

12 (i) donation;

13 (ii) transfer;

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

16 (iv) 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 (b) BOUNDARY REVISION.—After acquiring land for

21 the Park, the Secretary shall—

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

23 newly-acquired land within the boundary; and

24 (2) administer newly-acquired land subject to

25 applicable laws (including regulations).
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1 (c) BOUNDARY SURVEY.—As soon as practicable and

2 subject to the availability of funds the Secretary shall com3 plete an official boundary survey of the Park.

4 (d) HUNTING ON PRIVATELY OWNED LANDS.—

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

6 hunting on privately owned land added to the Park

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

8 regulations that may be prescribed by the Secretary.

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

10 that the Secretary acquires fee ownership of any pri11 vately owned land added to the Park under this Act,

12 the authority under paragraph (1) shall terminate

13 with respect to the privately owned land acquired.

14 SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNI15 SON WILDERNESS.

16 (a) EXPANSION OF BLACK CANYON OF THE GUNNISON

17 WILDERNESS.—The Black Canyon of the Gunnison Wilder18 ness, as established by subsection (b) of the first section of

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

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

21 consisting of approximately 4,419 acres.

22 (b) ADMINISTRATION.—The Black Canyon of the Gun23 nison Wilderness shall be administered as a component of

24 the Park.
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1 SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NA2 TIONAL CONSERVATION AREA.

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

4 Gorge National Conservation Area, consisting of approxi5 mately 57,725 acres as generally depicted on the Map.

6 (b) MANAGEMENT OF CONSERVATION AREA.—The Sec7 retary, acting through the Director of the Bureau of Land

8 Management, shall manage the Conservation Area to pro9 tect the resources of the Conservation Area in accordance

10 with—

11 (1) this Act;

12 (2) the Federal Land Policy and Management

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

14 (3) other applicable provisions of law.

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

16 Federal lands within the Conservation Area are hereby

17 withdrawn from all forms of entry, appropriation or dis18 posal under the public land laws; from location, entry, and

19 patent under the mining laws; and from disposition under

20 all laws relating to mineral and geothermal leasing, and

21 all amendments thereto.

22 (d) HUNTING, TRAPPING AND FISHING.—

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

24 hunting, trapping, and fishing within the Conserva25 tion Area in accordance with applicable laws (includ-
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1 ing regulations) of the United States and the State of

2 Colorado.

3 (2) EXCEPTION.—The Secretary, after consulta4 tion with the Colorado Division of Wildlife, may issue

5 regulations designating zones where and establishing

6 periods when no hunting or trapping shall be per7 mitted for reasons concerning—

8 (A) public safety;

9 (B) administration; or

10 (C) public use and enjoyment.

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

12 the use of motorized vehicles on established roadways, the

13 use of motorized vehicles in the Conservation Area shall be

14 allowed—

15 (1) to the extent the use is compatible with off16 highway vehicle designations as described in the man17 agement plan in effect on the date of enactment of

18 this Act; or

19 (2) to the extent the use is practicable under a

20 management plan prepared under this Act.

21 (f) CONSERVATION AREA MANAGEMENT PLAN.—

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

23 the date of enactment of this Act, the Secretary

24 shall—
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1 (A) develop a comprehensive plan for the

2 long-range protection and management of the

3 Conservation Area; and

4 (B) transmit the plan to—

5 (i) the Committee on Energy and Nat6 ural Resources of the Senate; and

7 (ii) the Committee on Resources of the

8 House of Representatives.

9 (2) CONTENTS OF PLAN.—The plan—

10 (A) shall describe the appropriate uses and

11 management of the Conservation Area in accord12 ance with this Act;

13 (B) may incorporate appropriate decisions

14 contained in any management or activity plan

15 for the area completed prior to the date of enact16 ment of this Act;

17 (C) may incorporate appropriate wildlife

18 habitat management plans or other plans pre19 pared for the land within or adjacent to the Con20 servation Area prior to the date of enactment of

21 this Act;

22 (D) shall be prepared in close consultation

23 with appropriate Federal, State, county, and

24 local agencies; and
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1 (E) may use information developed prior to

2 the date of enactment of this Act in studies of the

3 land within or adjacent to the Conservation

4 Area.

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

6 revisions to the boundary of the Conservation Area fol7 lowing acquisition of land necessary to accomplish the pur8 poses for which the Conservation Area was designated.

9 SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CON10 SERVATION AREA.

11 (a) GUNNISON GORGE WILDERNESS.—

12 (1) IN GENERAL.—Within the Conservation

13 Area, there is designated as wilderness, and as a com14 ponent of the National Wilderness Preservation Sys15 tem, the Gunnison Gorge Wilderness, consisting of ap16 proximately 17,700 acres, as generally depicted on the

17 Map.

18 (2) ADMINISTRATION.—

19 (A) WILDERNESS STUDY AREA EXEMP20 TION.—The approximately 300-acre portion of

21 the wilderness study area depicted on the Map

22 for release from section 603 of the Federal Land

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

24 1782) shall not be subject to section 603(c) of

25 that Act.
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1 (B) INCORPORATION INTO NATIONAL CON2 SERVATION AREA.—The portion of the wilderness

3 study area described in subparagraph (A) shall

4 be incorporated into the Conservation Area.

5 (b) ADMINISTRATION.—Subject to valid rights in exist6 ence on the date of enactment of this Act, the wilderness

7 areas designated under this Act shall be administered by

8 the Secretary in accordance with the Wilderness Act (16

9 U.S.C. 1131 et seq.) except that any reference in such provi10 sions to the effective date of the Wilderness Act shall be

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

12 and any reference to the Secretary of Agriculture shall be

13 deemed to be a reference to the Secretary of the Interior.

14 (c) STATE RESPONSIBILITY.—As provided in section

15 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth16 ing in this Act or in the Wilderness Act shall affect the

17 jurisdiction or responsibilities of the State of Colorado with

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

19 that State.

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

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

22 Secretary of the Interior shall file a map and a legal de23 scription of the Gunnison Gorge Wilderness with the Com24 mittee on Energy and Natural Resources of the United

25 States Senate and the Committee on Resources of the United
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1 States House of Representatives. This map and description

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

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

4 typographical errors in the map and legal description. The

5 map and legal description shall be on file and available

6 in the office of the Director of the BLM.

7 SEC. 9. WITHDRAWAL.

8 Subject to valid existing rights, the Federal lands iden9 tified on the Map as ‘‘BLM Withdrawal (Tract B)’’ (com10 prising approximately 1,154 acres) are hereby withdrawn

11 from all forms of entry, appropriation or disposal under

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

13 the mining laws; and from disposition under all laws relat14 ing to mineral and geothermal leasing, and all amendments

15 thereto.

16 SEC. 10. WATER RIGHTS.

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

18 shall—

19 (1) constitute an express or implied reservation

20 of water for any purpose; or

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

22 the date of enactment of this Act, including any water

23 rights held by the United States.

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

25 right that the Secretary determines is necessary for the pur-
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1 poses of this Act shall be established in accordance with the

2 procedural and substantive requirements of the laws of the

3 State of Colorado.

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

5 CURECANTI NATIONAL RECREATION AREA.

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

7 date of enactment of this Act, the Secretary, acting through

8 the Director of the National Park Service, shall conduct a

9 study concerning land protection and open space within

10 and adjacent to the area administered as the Curecanti Na11 tional Recreation Area.

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

13 completed under subsection (a) shall—

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

15 scenic resource value and character of the land within

16 and surrounding the Curecanti National Recreation

17 Area (including open vistas, wildlife habitat, and

18 other public benefits);

19 (2) identify practicable alternatives that protect

20 the resource value and character of the land within

21 and surrounding the Curecanti National Recreation

22 Area;

23 (3) recommend a variety of economically feasible

24 and viable tools to achieve the purposes described in

25 paragraphs (1) and (2); and
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1 (4) estimate the costs of implementing the ap2 proaches recommended by the study.

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

4 from the date of enactment of this Act, the Secretary shall

5 submit a report to Congress that—

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

7 subsection (a);

8 (2) makes recommendations to Congress with re9 spect to the findings of the study required by sub10 section (a); and

11 (3) makes recommendations to Congress regard12 ing action that may be taken with respect to the land

13 described in the report.

14 (d) ACQUISITION OF ADDITIONAL LAND AND INTER15 ESTS IN LAND.—

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

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

18 acquire certain private land or interests in land as

19 depicted on the Map entitled ‘Proposed Additions to

20 the Curecanti National Recreation Area,’ dated 01/25/

21 99, totaling approximately 1,065 acres and entitled

22 ‘Hall and Fitti properties’.

23 (2) METHOD OF ACQUISITION.—

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

25 land under paragraph (1) may be acquired by—
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1 (i) donation;

2 (ii) purchase with donated or appro3 priated funds; or

4 (iii) exchange.

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

6 may be acquired without the consent of the

7 owner of the land.

8 (C) BOUNDARY REVISIONS FOLLOWING AC9 QUISITION.—Following the acquisition of land

10 under paragraph (1), the Secretary shall—

11 (i) revise the boundary of the

12 Curecanti National Recreation Area to in13 clude newly-acquired land; and

14 (ii) administer newly-acquired land

15 according to applicable laws (including reg16 ulations).

17 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such sums as

19 are necessary to carry out this Act.