II 

109TH CONGRESS 

1ST SESSION S. 56 

To establish the Rio Grande Natural Area in the State of Colorado, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

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

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

A BILL 

To establish the Rio Grande Natural Area in the State 

of Colorado, 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 ‘‘Rio Grande Natural 

5 Area Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Rio Grande Natural Area Commission es10 tablished by section 4(a). 
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1 (2) NATURAL AREA.—The term ‘‘Natural 

2 Area’’ means the Rio Grande Natural Area estab3 lished by section 3(a). 

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

5 the Secretary of the Interior. 

6 SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA. 

7 (a) IN GENERAL.—There is established the Rio 

8 Grande Natural Area in the State of Colorado to conserve, 

9 restore, and protect the natural, historic, cultural, sci10 entific, scenic, wildlife, and recreational resources of the 

11 Natural Area. 

12 (b) BOUNDARIES.—The Natural Area shall include 

13 the Rio Grande River from the southern boundary of the 

14 Alamosa National Wildlife Refuge to the New Mexico 

State border, extending 1 15 ⁄4 mile on either side of the bank 

16 of the River. 

17 (c) MAP AND LEGAL DESCRIPTION.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall prepare a map and legal description of the 

21 Natural Area. 

22 (2) EFFECT.—The map and legal description of 

23 the Natural Area shall have the same force and ef24 fect as if included in this Act, except that the Sec-
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1 retary may correct any minor errors in the map and 

2 legal description. 

3 (3) PUBLIC AVAILABILITY.—The map and legal 

4 description of the Natural Area shall be available for 

5 public inspection in the appropriate offices of the 

6 Bureau of Land Management. 

7 SEC. 4. ESTABLISHMENT OF THE COMMISSION. 

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

9 Grande Natural Area Commission. 

10 (b) PURPOSE.—The Commission shall— 

11 (1) advise the Secretary with respect to the 

12 Natural Area; and 

13 (2) prepare a management plan relating to non14 Federal land in the Natural Area under section 

15 6(b)(2)(A). 

16 (c) MEMBERSHIP.—The Commission shall be com17 posed of 9 members appointed by the Secretary, of 

18 whom— 

19 (1) 1 member shall represent the Colorado 

20 State Director of the Bureau of Land Management; 

21 (2) 1 member shall be the manager of the 

22 Alamosa National Wildlife Refuge, ex officio; 

23 (3) 3 members shall be appointed based on the 

24 recommendation of the Governor of Colorado, of 

25 whom— 
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1 (A) 1 member shall represent the Colorado 

2 Division of Wildlife; 

3 (B) 1 member shall represent the Colorado 

4 Division of Water Resources; and 

5 (C) 1 member shall represent the Rio 

6 Grande Water Conservation District; and 

7 (4) 4 members shall— 

8 (A) represent the general public; 

9 (B) be citizens of the local region in which 

10 the Natural Area is established; and 

11 (C) have knowledge and experience in the 

12 fields of interest relating to the preservation, 

13 restoration, and use of the Natural Area. 

14 (d) TERMS OF OFFICE.— 

15 (1) IN GENERAL.—Except for the manager of 

16 the Alamosa National Wildlife Refuge, the term of 

17 office of a member of the Commission shall be 5 

18 years. 

19 (2) REAPPOINTMENT.—A member may be re20 appointed to the Commission on completion of the 

21 term of office of the member. 

22 (e) COMPENSATION.—A member of the Commission 

23 shall serve without compensation for service on the Com24 mission. 
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1 (f) CHAIRPERSON.—The Commission shall elect a 

2 chairperson of the Commission. 

3 (g) MEETINGS.— 

4 (1) IN GENERAL.—The Commission shall meet 

5 at least quarterly at the call of the chairperson. 

6 (2) PUBLIC MEETINGS.—A meeting of the Com7 mission shall be open to the public. 

8 (3) NOTICE.—Notice of any meeting of the 

9 Commission shall be published in advance of the 

10 meeting. 

11 (h) TECHNICAL ASSISTANCE.—The Secretary and 

12 the heads of other Federal agencies shall, to the maximum 

13 extent practicable, provide any information and technical 

14 services requested by the Commission to assist in carrying 

15 out the duties of the Commission. 

16 SEC. 5. POWERS OF THE COMMISSION. 

17 (a) HEARINGS.—The Commission may hold such 

18 hearings, meet and act at such times and places, take such 

19 testimony, and receive such evidence as the Commission 

20 considers advisable to carry out this Act. 

21 (b) COOPERATIVE AGREEMENTS.— 

22 (1) IN GENERAL.—For purposes of carrying out 

23 the management plan on non-Federal land in the 

24 Natural Area, the Commission may enter into a co-
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1 operative agreement with the State of Colorado, a 

2 political subdivision of the State, or any person. 

3 (2) REQUIREMENTS.—A cooperative agreement 

4 entered into under paragraph (1) shall establish pro5 cedures for providing notice to the Commission of 

6 any action proposed by the State of Colorado, a po7 litical subdivision of the State, or any person that 

8 may affect the implementation of the management 

9 plan on non-Federal land in the Natural Area. 

10 (3) EFFECT.—A cooperative agreement entered 

11 into under paragraph (1) shall not enlarge or dimin12 ish any right or duty of a Federal agency under 

13 Federal law. 

14 (c) PROHIBITION OF ACQUISITION OF REAL PROP15 ERTY.—The Commission may not acquire any real prop16 erty or interest in real property. 

17 (d) IMPLEMENTATION OF MANAGEMENT PLAN.— 

18 (1) IN GENERAL.—The Commission shall assist 

19 the Secretary in implementing the management plan 

20 by carrying out the activities described in paragraph 

21 (2) to preserve and interpret the natural, historic, 

22 cultural, scientific, scenic, wildlife, and recreational 

23 resources of the Natural Area. 
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1 (2) AUTHORIZED ACTIVITIES.—In assisting 

2 with the implementation of the management plan 

3 under paragraph (1), the Commission may— 

4 (A) assist the State of Colorado in pre5 serving State land and wildlife within the Nat6 ural Area; 

7 (B) assist the State of Colorado and polit8 ical subdivisions of the State in increasing pub9 lic awareness of, and appreciation for, the nat10 ural, historic, scientific, scenic, wildlife, and rec11 reational resources in the Natural Area; 

12 (C) encourage political subdivisions of the 

13 State of Colorado to adopt and implement land 

14 use policies that are consistent with— 

15 (i) the management of the Natural 

16 Area; and 

17 (ii) the management plan; and 

18 (D) encourage and assist private land19 owners in the Natural Area in the implementa20 tion of the management plan. 

21 SEC. 6. MANAGEMENT PLAN. 

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

23 date of enactment of this Act, the Secretary and the Com24 mission, in coordination with appropriate agencies in the 

25 State of Colorado, political subdivisions of the State, and 
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1 private landowners in the Natural Area, shall prepare 

2 management plans for the Natural Area as provided in 

3 subsection (b). 

4 (b) DUTIES OF SECRETARY AND COMMISSION.— 

5 (1) SECRETARY.—The Secretary shall prepare 

6 a management plan relating to the management of 

7 Federal land in the Natural Area. 

8 (2) COMMISSION.— 

9 (A) IN GENERAL.—The Commission shall 

10 prepare a management plan relating to the 

11 management of the non-Federal land in the 

12 Natural Area. 

13 (B) APPROVAL OR DISAPPROVAL.— 

14 (i) IN GENERAL.—The Commission 

15 shall submit to the Secretary the manage16 ment plan prepared under subparagraph 

17 (A) for approval or disapproval. 

18 (ii) ACTION FOLLOWING DIS19 APPROVAL.—If the Secretary disapproves 

20 the management plan submitted under 

21 clause (i), the Secretary shall— 

22 (I) notify the Commission of the 

23 reasons for the disapproval; and 

24 (II) allow the Commission to sub25 mit to the Secretary revisions to the 
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1 management plan submitted under 

2 clause (i). 

3 (3) COOPERATION.—The Secretary and the 

4 Commission shall cooperate to ensure that the man5 agement plans relating to the management of Fed6 eral land and non-Federal land are consistent. 

7 (c) REQUIREMENTS.—The management plans shall— 

8 (1) take into consideration Federal, State, and 

9 local plans in existence on the date of enactment of 

10 this Act to present a unified preservation, restora11 tion, and conservation plan for the Natural Area; 

12 (2) with respect to Federal land in the Natural 

13 Area— 

14 (A) be developed in accordance with sec15 tion 202 of the Federal Land Policy and Man16 agement Act of 1976 (43 U.S.C. 1712); 

17 (B) be consistent, to the maximum extent 

18 practicable, with the management plans adopted 

19 by the Director of the Bureau of Land Manage20 ment for land adjacent to the Natural Area; 

21 and 

22 (C) be considered to be an amendment to 

23 the San Luis Resource Management Plan of the 

24 Bureau of Land Management; and 

25 (3) include— 
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1 (A) an inventory of the resources contained 

2 in the Natural Area (including a list of property 

3 in the Natural Area that should be preserved, 

4 restored, managed, developed, maintained, or 

5 acquired to further the purposes of the Natural 

6 Area); and 

7 (B) a recommendation of policies for re8 source management, including the use of inter9 governmental cooperative agreements, that— 

10 (i) protect the resources of the Nat11 ural Area; and 

12 (ii) provide for solitude, quiet use, and 

13 pristine natural values of the Natural 

14 Area. 

15 (d) PUBLICATION.—The Secretary shall publish no16 tice of the management plans in the Federal Register. 

17 SEC. 7. ADMINISTRATION OF NATURAL AREA. 

18 (a) IN GENERAL.—The Secretary shall administer 

19 the Federal land in the Natural Area— 

20 (1) in accordance with— 

21 (A) the laws (including regulations) appli22 cable to public land; and 

23 (B) the management plan; and 

24 (2) in a manner that provides for— 
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1 (A) the conservation, restoration, and pro2 tection of the natural, historic, scientific, scenic, 

3 wildlife, and recreational resources of the Nat4 ural Area; 

5 (B) the continued use of the Natural Area 

6 for purposes of education, scientific study, and 

7 limited public recreation in a manner that does 

8 not substantially impair the purposes for which 

9 the Natural Area is established; 

10 (C) the protection of the wildlife habitat of 

11 the Natural Area; 

12 (D) a prohibition on the construction of 

13 water storage facilities in the Natural Area; and 

14 (E) the reduction in the use of or removal 

15 of roads in the Natural Area and, to the max16 imum extent practicable, the reduction in or 

17 prohibition against the use of motorized vehicles 

18 in the Natural Area (including the removal of 

19 roads and a prohibition against motorized use 

20 on Federal land in the area on the western side 

21 of the Rio Grande River from Lobatos Bridge 

22 south to the New Mexico State line). 

23 (b) CHANGES IN STREAMFLOW.—The Secretary is 

24 encouraged to negotiate with the State of Colorado, the 

25 Rio Grande Water Conservation District, and affected 
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1 water users in the State to determine if changes in the 

2 streamflow that are beneficial to the Natural Area may 

3 be accommodated. 

4 (c) PRIVATE LAND.—The management plan prepared 

5 under section 6(b)(2)(A) shall apply to private land in the 

6 Natural Area only to the extent that the private landowner 

7 agrees in writing to be bound by the management plan. 

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

9 all Federal land in the Natural Area is withdrawn from— 

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

11 under the public land laws; 

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

13 laws; and 

14 (3) disposition under the mineral leasing laws 

15 (including geothermal leasing laws). 

16 (e) ACQUISITION OF LAND.— 

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

18 from willing sellers by purchase, exchange, or dona19 tion land or an interest in land in the Natural Area. 

20 (2) ADMINISTRATION.—Any land or interest in 

21 land acquired under paragraph (1) shall be adminis22 tered in accordance with the management plan and 

23 this Act. 
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1 (f) APPLICABLE LAW.—Section 5(d)(1) of the Wild 

2 and Scenic Rivers Act (16 U.S.C. 1276(d)(1)) shall not 

3 apply to the Natural Area. 

4 SEC. 8. EFFECT. 

5 Nothing in this Act— 

6 (1) amends, modifies, or is in conflict with the 

7 Rio Grande Compact, consented to by Congress in 

8 the Act of May 31, 1939 (53 Stat. 785, ch. 155); 

9 (2) authorizes the regulation of private land in 

10 the Natural Area; 

11 (3) authorizes the imposition of any mandatory 

12 streamflow requirements; 

13 (4) creates an express or implied Federal re14 served water right; 

15 (5) imposes any Federal water quality standard 

16 within or upstream of the Natural Area that is more 

17 restrictive than would be applicable had the Natural 

18 Area not been established; or 

19 (6) prevents the State of Colorado from acquir20 ing an instream flow through the Natural Area 

21 under the terms, conditions, and limitations of State 

22 law to assist in protecting the natural environment 

23 to the extent and for the purposes authorized by 

24 State law. 
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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

4 SEC. 10. TERMINATION OF COMMISSION. 

5 The Commission shall terminate on the date that is 

6 10 years after the date of enactment of this Act. 

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