60

106TH CONGRESS

1ST SESSION H. R. 1165

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 HOUSE OF REPRESENTATIVES

MARCH 17, 1999

Mr. MCINNIS (for himself, Mr. SCHAFFER, and Mr. TANCREDO) 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 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,

3 SECTION 1. SHORT TITLE.

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

5 Park and Gunnison Gorge National Conservation Area

6 Act of 1999’’.

7 SEC. 2. FINDINGS.

8 Congress finds that—
2

•HR 1165 IH

1 (1) Black Canyon of the Gunnison National

2 Monument was established for the preservation of its

3 spectacular gorges and additional features of scenic,

4 scientific, and educational interest;

5 (2) the Black Canyon and adjacent upland in6 clude a variety of unique ecological, geological, sce7 nic, historical, and wildlife components enhanced by

8 the serenity and rural western setting of the area;

9 (3) the Black Canyon and adjacent land provide

10 extensive opportunities for educational and rec11 reational activities, and are publicly used for hiking,

12 camping, and fishing, and for wilderness value, in13 cluding solitude;

14 (4) adjacent public land downstream of the

15 Black Canyon of the Gunnison National Monument

16 has wilderness value and offers unique geological,

17 paleontological, scientific, educational, and rec18 reational resources;

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

20 the Gunnison National Monument contributes to the

21 protection of the wildlife, viewshed, and scenic quali22 ties of the Black Canyon;

23 (6) some private land adjacent to the Black

24 Canyon of the Gunnison National Monument has ex-
3

•HR 1165 IH

1 ceptional natural and scenic value, that, would be

2 threatened by future development pressures;

3 (7) the benefits of designating public and pri4 vate land surrounding the national monument as a

5 national park include greater long-term protection of

6 the resources and expanded visitor use opportunities;

7 and

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

9 of the Gunnison Gorge is—

10 (A) recognized for offering exceptional

11 multiple use opportunities;

12 (B) recognized for offering natural, cul13 tural, scenic, wilderness, and recreational re14 sources; and

15 (C) worthy of additional protection as a

16 national conservation area, and with respect to

17 the Gunnison Gorge itself, as a component of

18 the national wilderness system.

19 SEC. 3. DEFINITIONS.

20 In this Act:

21 (1) CONSERVATION AREA.—The term ‘‘Con22 servation Area’’ means the Gunnison Gorge National

23 Conservation Area, consisting of approximately

24 57,725 acres surrounding the Gunnison Gorge as

25 depicted on the Map.
4

•HR 1165 IH

1 (2) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Black Canyon National Park and Gunnison

3 Gorge NCA—1/22/99’’.

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

5 Canyon National Park established under section 4

6 and depicted on the Map.

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

8 the Secretary of the Interior.

9 SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL

10 PARK.

11 (a) ESTABLISHMENT.—

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

13 Black Canyon National Park in the State of Colo14 rado, as generally depicted on the Map.

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

16 on file and available for public inspection in the of17 fices of the National Park Service of the Depart18 ment of the Interior.

19 (3) REDESIGNATION OF MONUMENT.—

20 (A) TERMINATION OF BLACK CANYON DES21 IGNATION.—The designation of the Black Can22 yon of the Gunnison National Monument in ex23 istence on the date of enactment of this Act is

24 terminated.
5

•HR 1165 IH

1 (B) TRANSFER.—All land and interests

2 within the boundary of the Black Canyon of the

3 Gunnison National Monument are incorporated

4 in and made part of the Black Canyon National

5 Park, including—

6 (i) land and interests within the

7 boundary of the Black Canyon of the Gun8 nison National Monument as established

9 by section 2(a) of the first section of Pub10 lic Law 98–357; and

11 (ii) any land and interests identified

12 on the Map and transferred by the Bureau

13 of Land Management under this Act.

14 (C) REFERENCE TO PARK.—Any reference

15 to the Black Canyon of the Gunnison National

16 Monument shall be deemed a reference to Black

17 Canyon National Park.

18 (D) FUNDS.—Any funds made available

19 for the purposes of the Black Canyon of the

20 Gunnison National Monument shall be available

21 for purposes of the Park.

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

23 Director of the National Park Service, shall manage the

24 Park subject to valid rights, in accordance with this Act
6

•HR 1165 IH

1 and the provisions of law applicable to units of the Na2 tional Park System, including—

3 (1) the Act entitled ‘‘An Act to establish a Na4 tional Park Service, and for other purposes’’, ap5 proved August 25, 1916 (16 U.S.C. 1 et seq.);

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

7 preservation of historic American sites, buildings,

8 objects, and antiquities of national significance, and

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

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

11 (3) other applicable provisions of law.

12 (c) GRAZING.—

13 (1) GRAZING PERMITTED.—The Secretary may

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

15 Park for grazing is permitted on the date of enact16 ment of this Act.

17 (2) GRAZING PLAN.—The Secretary shall pre18 pare a grazing management plan to administer any

19 grazing activities within the Park.

20 SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUND21 ARY ADJUSTMENTS.

22 (a) ADDITIONAL ACQUISITIONS.—

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

24 land or interests in land depicted on the Map as pro25 posed additions.
7

•HR 1165 IH

1 (2) METHOD OF ACQUISITION.—

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

3 land may be acquired by—

4 (i) donation;

5 (ii) transfer;

6 (iii) purchase with donated or appro7 priated funds; or

8 (iv) exchange.

9 (B) CONSENT.—No land or interest in

10 land may be acquired without the consent of

11 the owner of the land.

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

13 the Park, the Secretary shall—

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

15 newly-acquired land within the boundary; and

16 (2) administer newly-acquired land subject to

17 applicable laws (including regulations).

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

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

20 complete an official boundary survey of the Park.

21 (d) HUNTING ON PRIVATELY OWNED LANDS.—

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

23 hunting on privately owned land added to the Park

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

25 regulations that may be prescribed by the Secretary.
8

•HR 1165 IH

1 (2) TERMINATION OF AUTHORITY.—On the

2 date that the Secretary acquires fee ownership of

3 any privately owned land added to the Park under

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

5 terminate with respect to the privately owned land

6 acquired.

7 SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNI8 SON WILDERNESS.

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

10 Canyon of the Gunnison Wilderness, as established by

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

12 (90 Stat. 2692), is expanded to include the parcel of land

13 depicted on the Map as ‘‘Tract A’’ and consisting of ap14 proximately 4,460 acres.

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

16 Gunnison Wilderness shall be administered as a compo17 nent of the Park.

18 SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NA19 TIONAL CONSERVATION AREA.

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

21 Gorge National Conservation Area, consisting of approxi22 mately 57,725 acres as generally depicted on the Map.

23 (b) MANAGEMENT OF CONSERVATION AREA.—The

24 Secretary, acting through the Director of the Bureau of

25 Land Management, shall manage the Conservation Area
9

•HR 1165 IH

1 to protect the resources of the Conservation Area in ac2 cordance 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 OF LAND.—Subject to valid rights

8 in existence on the date of enactment of this Act, all Fed9 eral land and interests within the Conservation Area ac10 quired by the United States are withdrawn from—

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

12 under the public land laws;

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

14 laws; and

15 (3) operation of the mineral leasing and geo16 thermal leasing laws.

17 (d) PERMITTED USES.—

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

19 hunting, trapping, and fishing within the Conserva20 tion Area in accordance with applicable laws (includ21 ing regulations) of the United States and the State

22 of Colorado.

23 (2) EXCEPTION.—The Secretary, after con24 sultation with the Colorado Division of Wildlife, may

25 issue regulations designating zones where and estab-
10

•HR 1165 IH

1 lishing periods when no hunting or trapping shall be

2 permitted for reasons concerning—

3 (A) public safety;

4 (B) administration; or

5 (C) public use and enjoyment.

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

7 the use of motorized vehicles on established roadways, the

8 use of motorized vehicles in the Conservation Area shall

9 be allowed—

10 (1) to the extent the use is compatible with off11 highway vehicle designations as described in the

12 management plan in effect on the date of enactment

13 of this Act; or

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

15 management plan prepared under this Act.

16 (f) CONSERVATION AREA MANAGEMENT PLAN.—

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

18 the date of enactment of this Act, the Secretary

19 shall—

20 (A) develop a comprehensive plan for the

21 long-range protection and management of the

22 Conservation Area; and

23 (B) transmit the plan to—

24 (i) the Committee on Energy and

25 Natural Resources of the Senate; and
11

•HR 1165 IH

1 (ii) the Committee on Resources of

2 the House of Representatives.

3 (2) CONTENTS OF PLAN.—The plan—

4 (A) shall describe the appropriate uses and

5 management of the Conservation Area in ac6 cordance with this Act;

7 (B) may incorporate appropriate decisions

8 contained in any management or activity plan

9 for the area completed prior to the date of en10 actment of this Act;

11 (C) may incorporate appropriate wildlife

12 habitat management plans or other plans pre13 pared for the land within or adjacent to the

14 Conservation Area prior to the date of enact15 ment of this Act;

16 (D) shall be prepared in close consultation

17 with appropriate Federal, State, county, and

18 local agencies; and

19 (E) shall use information developed prior

20 to the date of enactment of this Act in studies

21 of the land within or adjacent to the Conserva22 tion Area.

23 (g) BOUNDARY REVISIONS.—The Secretary may

24 make revisions to the boundary of the Conservation Area
12

•HR 1165 IH

1 following acquisition of land necessary to accomplish the

2 purposes for which the Conservation Area was designated.

3 SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CON4 SERVATION AREA.

5 (a) GUNNISON GORGE WILDERNESS.—

6 (1) IN GENERAL.—Within the Conservation

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

8 component of the National Wilderness Preservation

9 System, the Gunnison Gorge Wilderness, consisting

10 of approximately 17,700 acres, as generally depicted

11 on the Map.

12 (2) ADMINISTRATION.—

13 (A) WILDERNESS STUDY AREA EXEMP14 TION.—The approximately 300-acre portion of

15 the wilderness study area depicted on the Map

16 for release from section 603 of the Federal

17 Land Policy and Management Act of 1976 (43

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

19 603(c) of that Act.

20 (B) INCORPORATION INTO NATIONAL CON21 SERVATION AREA.—The portion of the wilder22 ness study area described in subparagraph (A)

23 shall be incorporated into the Conservation

24 Area.
13

•HR 1165 IH

1 (b) ADMINISTRATION.—Subject to valid rights in ex2 istence on the date of enactment of this Act, the wilder3 ness areas designated under this Act shall be administered

4 by the Secretary in accordance with the Wilderness Act

5 (16 U.S.C. 1131 et seq.).

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

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

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

9 the jurisdiction or responsibilities of the State of Colorado

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

11 in that State.

12 SEC. 9. WITHDRAWAL.

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

14 of approximately 1,554 acres, is withdrawn—

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

16 disposal under the public land laws;

17 (2) from location, entry, and patent under the

18 mining laws; and

19 (3) from operation of the mineral leasing and

20 geothermal leasing laws.

21 SEC. 10. WATER RIGHTS.

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

23 Act shall—

24 (1) constitute an express or implied reservation

25 of water for any purpose; or
14

•HR 1165 IH

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

2 the date of enactment of this Act, including any

3 water rights held by the United States.

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

5 right that the Secretary determines is necessary for the

6 purposes of this Act shall be established in accordance

7 with the procedural and substantive requirements of the

8 laws of the State of Colorado.

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

10 CURECANTI NATIONAL RECREATION AREA.

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

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

13 through the Director of the National Park Service, shall

14 conduct a study concerning land protection and open space

15 within and adjacent to the area administered as the

16 Curecanti National Recreation Area.

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

18 completed under subsection (a) shall—

19 (1) assess the natural, cultural, recreational

20 and scenic resource value and character of the land

21 within and surrounding the Curecanti National

22 Recreation Area (including open vistas, wildlife habi23 tat, and other public benefits);

24 (2) identify practicable alternatives that protect

25 the resource value and character of the land within
15

•HR 1165 IH

1 and surrounding the Curecanti National Recreation

2 Area;

3 (3) recommend a variety of economically fea4 sible and viable tools to achieve the purposes de5 scribed in paragraphs (1) and (2); and

6 (4) estimate the costs of implementing the ap7 proaches recommended by the study.

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

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

10 submit a report to Congress that—

11 (1) contains the findings of the study required

12 by subsection (a);

13 (2) makes recommendations to Congress with

14 respect to the findings of the study required by sub15 section (a); and

16 (3) makes recommendations to Congress re17 garding action that may be taken with respect to the

18 land described in the report.

19 (d) ACQUISITION OF ADDITIONAL LAND AND INTER20 ESTS IN LAND.—

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

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

23 may acquire certain private land or interests in land

24 as depicted on the Map entitled ‘‘Proposed Additions

25 to the Curecanti National Recreation Area,’’ dated
16

•HR 1165 IH

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

2 entitled ‘‘Hall and Fitti properties’’.

3 (2) METHOD OF ACQUISITION.—

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

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

6 (i) donation;

7 (ii) purchase with donated or appro8 priated funds; or

9 (iii) exchange.

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

11 land may be acquired without the consent of

12 the owner of the land.

13 (C) BOUNDARY REVISIONS FOLLOWING AC14 QUISITION.—Following the acquisition of land

15 under paragraph (1), the Secretary shall—

16 (i) revise the boundary of the

17 Curecanti National Recreation Area to in18 clude newly-acquired land; and

19 (ii) administer newly-acquired land ac20 cording to applicable laws (including regu21 lations).

22 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated such sums

24 as are necessary to carry out this Act.

Æ