II 

112TH CONGRESS 

1ST SESSION S. 508 

To establish the Chimney Rock National Monument in the State of Colorado. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2011 

Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Chimney Rock National Monument in the 

State of Colorado. 

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 ‘‘Chimney Rock Na5 tional Monument Establishment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) NATIONAL MONUMENT.—The term ‘‘na9 tional monument’’ means the Chimney Rock Na10 tional Monument established by section 3(a). 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture. 

3 (3) STATE.—The term ‘‘State’’ means the State 

4 of Colorado. 

5 SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 

6 MONUMENT. 

7 (a) ESTABLISHMENT.—There is established in the 

8 State the Chimney Rock National Monument— 

9 (1) to preserve, protect, and restore the archeo10 logical, cultural, historic, geologic, hydrologic, nat11 ural, educational, and scenic resources of Chimney 

12 Rock and adjacent land; and 

13 (2) to provide for public interpretation and 

14 recreation consistent with the protection of the re15 sources described in paragraph (1). 

16 (b) BOUNDARIES.— 

17 (1) IN GENERAL.—The national monument 

18 shall consist of approximately 4,726 acres of land 

19 and interests in land, as generally depicted on the 

20 map entitled ‘‘Boundary Map, Chimney Rock Na21 tional Monument’’ and dated January 5, 2010. 

22 (2) MINOR ADJUSTMENTS.—The Secretary may 

23 make minor adjustments to the boundary of the na24 tional monument to reflect the inclusion of signifi25 cant archeological resources discovered after the 


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1 date of enactment of this Act on adjacent National 

2 Forest System land. 

3 (3) AVAILABILITY OF MAP.—The map described 

4 in paragraph (1) shall be on file and available for 

5 public inspection in the appropriate offices of the 

6 Forest Service. 

7 SEC. 4. ADMINISTRATION. 

8 (a) IN GENERAL.—The Secretary shall— 

9 (1) administer the national monument— 

10 (A) in furtherance of the purposes for 

11 which the national monument was established; 

12 and 

13 (B) in accordance with— 

14 (i) this Act; and 

15 (ii) any laws generally applicable to 

16 the National Forest System; and 

17 (2) allow only such uses of the national monu18 ment that the Secretary determines would further 

19 the purposes described in section 3(a). 

20 (b) TRIBAL USES.— 

21 (1) IN GENERAL.—The Secretary shall admin22 ister the national monument in accordance with— 

23 (A) the Native American Graves Protection 

24 and Repatriation Act (25 U.S.C. 3001 et seq.); 

25 and 


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1 (B) the policy described in Public Law 95– 

2 341 (commonly known as the ‘‘American Indian 

3 Religious Freedom Act’’) (42 U.S.C. 1996). 

4 (2) TRADITIONAL USES.—Subject to any terms 

5 and conditions the Secretary determines to be nec6 essary and in accordance with applicable law, the 

7 Secretary shall allow for the continued use of the na8 tional monument by members of Indian tribes— 

9 (A) for traditional ceremonies; and 

10 (B) as a source of traditional plants and 

11 other materials. 

12 (c) VEGETATION MANAGEMENT.—The Secretary may 

13 carry out vegetation management treatments within the 

14 national monument, except that the harvesting of timber 

15 shall only be used if the Secretary determines that the har16 vesting is necessary for— 

17 (1) ecosystem restoration in furtherance of sec18 tion 3(a); or 

19 (2) the control of fire, insects, or diseases. 

20 (d) MOTOR VEHICLES AND MOUNTAIN BIKES.—The 

21 use of motor vehicles and mountain bikes in the national 

22 monument shall be limited to the roads and trails identi23 fied by the Secretary as appropriate for the use of motor 

24 vehicles and mountain bikes. 


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1 (e) GRAZING.—The Secretary shall permit grazing 

2 within the national monument, where established before 

3 the date of enactment of this Act— 

4 (1) subject to all applicable laws (including reg5 ulations); and 

6 (2) consistent with the purposes described in 

7 section 3(a). 

8 (f) UTILITY RIGHT-OF-WAY UPGRADES.—Nothing in 

9 this Act precludes the Secretary from renewing or author10 izing the upgrading of a utility right-of-way in existence 

11 as of the date of enactment of this Act through the na12 tional monument— 

13 (1) in accordance with— 

14 (A) the National Environmental Policy Act 

15 of 1969 (42 U.S.C. 4321 et seq.); and 

16 (B) any other applicable law; and 

17 (2) subject to such terms and conditions as the 

18 Secretary determines to be appropriate. 

19 (g) EDUCATION AND INTERPRETIVE CENTER.—The 

20 Secretary may develop and construct an education and in21 terpretive center to interpret the scientific and cultural re22 sources of the national monument for the public. 

23 (h) DESIGNATION OF MANAGER.— 

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

25 the management plan is developed under section 


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1 5(a), the Secretary shall designate an individual as 

2 manager of the national monument. 

3 (2) OTHER DUTIES.—The manager designated 

4 under paragraph (1) shall not be precluded from ful5 filling other responsibilities within the San Juan Na6 tional Forest. 

7 SEC. 5. MANAGEMENT PLAN. 

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

9 date of enactment of this Act, the Secretary, in consulta10 tion with Indian tribes with a cultural or historic tie to 

11 Chimney Rock, shall develop a management plan for the 

12 national monument. 

13 (b) PUBLIC COMMENT.—In developing the manage14 ment plan, the Secretary shall provide an opportunity for 

15 public comment by— 

16 (1) State and local governments; 

17 (2) tribal governments; and 

18 (3) any other interested organizations and indi19 viduals. 

20 SEC. 6. LAND ACQUISITION. 

21 The Secretary may acquire land and any interest in 

22 land within or adjacent to the boundary of the national 

23 monument by— 

24 (1) purchase from willing sellers with donated 

25 or appropriated funds; 


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1 (2) donation; or 

2 (3) exchange. 

3 SEC. 7. WITHDRAWAL. 

4 (a) IN GENERAL.—Subject to valid existing rights, 

5 all Federal land within the national monument (including 

6 any land or interest in land acquired after the date of en7 actment of this Act) is withdrawn from— 

8 (1) entry, appropriation, or disposal under the 

9 public land laws; 

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

11 laws; and 

12 (3) subject to subsection (b), operation of the 

13 mineral leasing, mineral materials, and geothermal 

14 leasing laws. 

15 (b) LIMITATION.—Notwithstanding subsection 

16 (a)(3), the Federal land is not withdrawn for the purposes 

17 of issuance of gas pipeline rights-of-way within easements 

18 in existence as of the date of enactment of this Act. 

19 SEC. 8. EFFECT. 

20 (a) WATER RIGHTS.— 

21 (1) IN GENERAL.—Nothing in this Act affects 

22 any valid water rights, including water rights held 

23 by the United States. 


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1 (2) RESERVED WATER RIGHT.—The designa2 tion of the national monument does not create a 

3 Federal reserved water right. 

4 (b) TRIBAL RIGHTS.—Nothing in this Act affects— 

5 (1) the rights of any Indian tribe on Indian 

6 land; 

7 (2) any individually held trust land or Indian 

8 allotment; or 

9 (3) any treaty rights providing for nonexclusive 

10 access to or within the national monument by mem11 bers of Indian tribes for traditional and cultural 

12 purposes. 

13 (c) FISH AND WILDLIFE.—Nothing in this Act af14 fects the jurisdiction of the State with respect to the man15 agement of fish and wildlife on public land in the State. 

16 (d) ADJACENT USES.—Nothing in this Act— 

17 (1) creates a protective perimeter or buffer zone 

18 around the national monument; or 

19 (2) affects private property outside of the 

20 boundary of the national monument. 

21 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this Act. 

Æ 


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