```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3303 Reported in Senate (RS)]

                                                       Calendar No. 603
111th CONGRESS
  2d Session
                                S. 3303

                          [Report No. 111-317]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2010

   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

                           September 27, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be referred to as the 
``Chimney Rock National Monument Act of 2010''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Establishment of Chimney Rock National Monument.
<DELETED>Sec. 5. Limitations on effect and scope of Act.
<DELETED>Sec. 6. Management and use of National Monument.
<DELETED>Sec. 7. Development of management plan.
<DELETED>Sec. 8. Acquisition of land.
<DELETED>Sec. 9. Authorization of appropriations.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Chimney Rock in Southwestern Colorado contains 
        nationally significant archeological, geologic, biological, 
        cultural, educational, recreational, visual, and scenic 
        value.</DELETED>
        <DELETED>    (2) The unique, thousand-year-old Ancestral 
        Puebloan community located beneath the prominent Chimney Rock 
        Pinnacles, with its dramatic 360 degree view of the surrounding 
        landscape, provides an outstanding opportunity to enhance 
        understanding and appreciation of the prehistory of North 
        America and the accomplishments of Native American cultures 
        during that period.</DELETED>
        <DELETED>    (3) The Chimney Rock Ancestral Puebloan community 
        is one of the largest Pueblo II period (900-1150 AD) 
        communities in southwestern Colorado and one of the finest 
        examples of a Chacoan system ``Outlier''. The Chacoan system 
        was a complex system of interdependent communities bound by 
        economic, social, political, and religious relationships. 
        Chimney Rock contains many outstanding hallmarks of the Chacoan 
        system and significant archeological resources of other 
        periods.</DELETED>
        <DELETED>    (4) The design of the Chimney Rock Ancestral 
        Puebloan community incorporates Ancestral Puebloan knowledge of 
        astronomy. The twin Chimney Rock Pinnacles, for example, appear 
        to have served as a frame for viewing astronomical 
        alignments.</DELETED>
        <DELETED>    (5) Ancestral Puebloan culture is part of the 
        heritage of many Southwestern Indian cultures, and has 
        influenced the culture, art and architecture of the Western 
        United States.</DELETED>
        <DELETED>    (6) The Chimney Rock Ancestral Puebloan community 
        has special value for the Puebloan and Tribal people of 
        today.</DELETED>
        <DELETED>    (7) Chimney Rock provides a dramatic record of 
        geological and astronomical time.</DELETED>
        <DELETED>    (8) Chimney Rock is a natural laboratory that 
        provides exceptional opportunities for scientific study in the 
        fields of geology, ecology, prehistoric archeology, and the 
        ways in which they interrelate.</DELETED>
        <DELETED>    (9) Chimney Rock provides abundant opportunities 
        to enhance the understanding and appreciation by the public of 
        the achievements and ways of life of the Ancestral Puebloans, 
        in a rugged and spectacular landscape.</DELETED>
        <DELETED>    (10) Chimney Rock has long been maintained through 
        community care and management. Volunteers and volunteer 
        organizations have provided outstanding educational and 
        interpretive programs and site stewardship, and have encouraged 
        academic scientific investigation.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act--</DELETED>
        <DELETED>    (1) the term ``Secretary'' means the Secretary of 
        Agriculture; and</DELETED>
        <DELETED>    (2) the term ``National Monument'' means the 
        Chimney Rock National Monument.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 
              MONUMENT.</DELETED>

<DELETED>    (a) Establishment.--In order to preserve, protect, and 
restore the archeological, anthropological, geologic, hydrologic, 
biological, visual, and scenic resources of Chimney Rock, and to enable 
the public (to the extent consistent with the preceding purposes) to 
fully realize the scientific, cultural, educational, recreational, 
visual, and scenic value of those resources, there is hereby designated 
the Chimney Rock National Monument.</DELETED>
<DELETED>    (b) Lands and Interests in Land Included in National 
Monument.--</DELETED>
        <DELETED>    (1) Lands and interests in land within certain 
        boundaries.--The National Monument shall consist of all Federal 
        lands and interests in lands located within its boundaries. The 
        boundaries of the National Monument shall be the boundaries 
        depicted on the map entitled ``Boundary Map, Chimney Rock 
        National Monument'', dated November 24, 2009, as adjusted 
        pursuant to paragraph (2).</DELETED>
        <DELETED>    (2) Adjustment of boundaries.--</DELETED>
                <DELETED>    (A) Inclusion of archeological 
                resources.--The Secretary may make minor adjustments to 
                the boundaries of the National Monument to include 
                significant archeological resources discovered on 
                public land adjacent to the National Monument after the 
                date of the enactment of this Act.</DELETED>
                <DELETED>    (B) Inclusion of acquired lands and 
                interests.--The Secretary shall adjust the boundaries 
                of the National Monument to include any land or 
                interest in land acquired under section 8.</DELETED>
        <DELETED>    (3) Legal descriptions and map.--</DELETED>
                <DELETED>    (A) Preparation and submission of legal 
                descriptions.--As soon as practicable after the date of 
                the enactment of this Act, the Secretary shall use the 
                map referred to in paragraph (1) to prepare legal 
                descriptions of the boundaries of the National 
                Monument. The Secretary shall submit the legal 
                descriptions to the Committee on Natural Resources and 
                the Committee on Agriculture of the House of 
                Representatives and to the Committee on Energy and 
                Natural Resources and the Committee on Agriculture, 
                Nutrition, and Forestry of the Senate.</DELETED>
                <DELETED>    (B) Availability of map for public 
                inspection.--The Secretary shall make the map referred 
                to in paragraph (1) available for public inspection in 
                appropriate offices of the United States Forest 
                Service.</DELETED>
                <DELETED>    (C) Correction of clerical and 
                typographical errors.--The Secretary may correct 
                clerical and typographical errors in the legal 
                descriptions and map referred to in subparagraph (A) 
                and paragraph (1), respectively.</DELETED>
<DELETED>    (c) Designation of Manager.--The Secretary shall designate 
an individual as manager of the National Monument as soon as 
practicable after development of the management plan under section 
7(a).</DELETED>

<DELETED>SEC. 5. LIMITATIONS ON EFFECT AND SCOPE OF ACT.</DELETED>

<DELETED>    (a) No Interference With Property Rights.--No provision of 
this Act shall interfere with the following:</DELETED>
        <DELETED>    (1) The property rights of any Indian 
        reservation.</DELETED>
        <DELETED>    (2) Property rights in any individually held trust 
        lands or other Indian allotments.</DELETED>
        <DELETED>    (3) Any interest in land held by the State of 
        Colorado or by any political subdivision or special district of 
        the State of Colorado.</DELETED>
        <DELETED>    (4) Any private property rights in property 
        adjacent to the National Monument.</DELETED>
        <DELETED>    (5) The fish and wildlife rights of the State of 
        Colorado or any tribal government.</DELETED>
<DELETED>    (b) Scope of Act.--No provision of this Act--</DELETED>
        <DELETED>    (1) grants the Secretary new authority over non-
        Federal lands; or</DELETED>
        <DELETED>    (2) creates any Federal reserved water 
        rights.</DELETED>

<DELETED>SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT.</DELETED>

<DELETED>    (a) Management and Authorization of Uses.--The Secretary 
shall manage and authorize uses of the National Monument (including any 
use under subsection (c)) as a unit of the San Juan National Forest in 
conformance with the following:</DELETED>
        <DELETED>    (1) The purposes described in section 
        4(a).</DELETED>
        <DELETED>    (2) The management plan developed under section 
        7(a).</DELETED>
        <DELETED>    (3) Public Law 96-550 (16 U.S.C. 410ii et 
        seq.).</DELETED>
        <DELETED>    (4) The Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq.).</DELETED>
        <DELETED>    (5) The policy expressed in the American Indian 
        Religious Freedom Act (42 U.S.C. 1996).</DELETED>
        <DELETED>    (6) Treaties providing for nonexclusive access to 
        the National Monument by Indians for traditional and cultural 
        purposes.</DELETED>
<DELETED>    (b) Vegetation Management.--The Secretary may carry out 
vegetative management treatments within the National Monument, except 
that timber harvest and the use of prescribed fire may only be used 
when the Secretary determines it necessary to address the risk of 
wildfire, insects, or diseases that would endanger the National 
Monument or imperil public safety.</DELETED>
<DELETED>    (c) Authorized Uses.--All uses of the National Monument 
other than those authorized by the Secretary shall be prohibited. 
Authorized uses of the National Monument may include the 
following:</DELETED>
        <DELETED>    (1) Construction of a visitor's center and related 
        exhibit and curatorial facilities to interpret the scientific 
        and cultural resources of the National Monument for the benefit 
        of the general public.</DELETED>
        <DELETED>    (2) Scientific research (including archeological 
        research) and educational and interpretive uses.</DELETED>
        <DELETED>    (3) Acquisition, consolidation, and display of 
        artifacts found within the National Monument.</DELETED>
        <DELETED>    (4) The recreational and administrative use of 
        mountain bikes and motorized vehicles.</DELETED>
        <DELETED>    (5) Installation, construction, and maintenance of 
        a public utility right of way within the National Monument for 
        a purpose described in section 4(a) if the Secretary determines 
        that--</DELETED>
                <DELETED>    (A) there is no route outside of the 
                National Monument that will accomplish the purpose; 
                or</DELETED>
                <DELETED>    (B) the right of way will be located along 
                a State highway crossing the National 
                Monument.</DELETED>
        <DELETED>    (6) Grazing uses, through issuance and 
        administration by the Secretary of grazing leases or 
        permits.</DELETED>
<DELETED>    (d) Prohibition on Entry, Appropriation, Disposal, and 
Other Uses.--The Federal lands and interests in lands located within 
the boundaries of the National Monument are hereby withdrawn from--
</DELETED>
        <DELETED>    (1) all forms of entry, appropriation, or disposal 
        under the public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the public 
        land mining laws; and</DELETED>
        <DELETED>    (3) operation of the mineral leasing and 
        geothermal leasing laws and the mineral materials 
        laws.</DELETED>

<DELETED>SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) Requirement.--Not later than 3 years after the date of 
the enactment of this Act, the Secretary, in consultation with Indian 
tribes with a cultural or historic tie to the National Monument, shall 
develop a management plan for the management and authorization of uses 
of the National Monument under section 4(a).</DELETED>
<DELETED>    (b) Opportunity for Comment.--In developing the management 
plan, the Secretary shall provide an opportunity for comment to local 
governments, tribal governments, the State of Colorado, and other 
local, State, and national organizations with an interest in the 
management and use of the National Monument.</DELETED>
<DELETED>    (c) Contents.--The management plan shall--</DELETED>
        <DELETED>    (1) identify authorized uses for the National 
        Monument;</DELETED>
        <DELETED>    (2) provide for the continued use of the National 
        Monument by Indian tribes for traditional ceremonies and as a 
        source of traditional plants and other materials;</DELETED>
        <DELETED>    (3) specify permitted uses of artifacts, including 
        whether certain artifacts may be displayed for educational 
        purposes;</DELETED>
        <DELETED>    (4) identify visitor carrying capacities; 
        and</DELETED>
        <DELETED>    (5) designate roads and trails for public and 
        administrative use.</DELETED>

<DELETED>SEC. 8. ACQUISITION OF LAND.</DELETED>

<DELETED>    The Secretary may acquire State, local government, tribal, 
and privately held land or interests in land, including conservation 
easements, contiguous to the boundaries of the National Monument, for 
inclusion in the National Monument only by--</DELETED>
        <DELETED>    (1) donation;</DELETED>
        <DELETED>    (2) exchange with a willing party; or</DELETED>
        <DELETED>    (3) purchase from a willing seller.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chimney Rock National Monument 
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National monument.--The term ``national monument'' 
        means the Chimney Rock National Monument established by section 
        3(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) State.--The term ``State'' means the State of Colorado.

SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

    (a) Establishment.--There is established in the State the Chimney 
Rock National Monument--
            (1) to preserve, protect, and restore the archeological, 
        cultural, historic, geologic, hydrologic, natural, educational, 
        and scenic resources of Chimney Rock and adjacent land; and
            (2) to provide for public interpretation and recreation 
        consistent with the protection of the resources described in 
        paragraph (1).
    (b) Boundaries.--
            (1) In general.--The national monument shall consist of 
        approximately 4,726 acres of land and interests in land, as 
        generally depicted on the map entitled ``Boundary Map, Chimney 
        Rock National Monument'' and dated January 5, 2010.
            (2) Minor adjustments.--The Secretary may make minor 
        adjustments to the boundary of the national monument to reflect 
        the inclusion of significant archeological resources discovered 
        after the date of enactment of this Act on adjacent National 
        Forest System land.
            (3) Availability of map.--The map described in paragraph 
        (1) shall be on file and available for public inspection in the 
        appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall--
            (1) administer the national monument--
                    (A) in furtherance of the purposes for which the 
                national monument was established; and
                    (B) in accordance with--
                            (i) this Act; and
                            (ii) any laws generally applicable to the 
                        National Forest System; and
            (2) allow only such uses of the national monument that the 
        Secretary determines would further the purposes described in 
        section 3(a).
    (b) Tribal Uses.--
            (1) In general.--The Secretary shall administer the 
        national monument in accordance with--
                    (A) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.); and
                    (B) the policy described in Public Law 95-341 
                (commonly known as the ``American Indian Religious 
                Freedom Act'') (42 U.S.C. 1996).
            (2) Traditional uses.--Subject to any terms and conditions 
        the Secretary determines to be necessary and in accordance with 
        applicable law, the Secretary shall allow for the continued use 
        of the national monument by members of Indian tribes--
                    (A) for traditional ceremonies; and
                    (B) as a source of traditional plants and other 
                materials.
    (c) Vegetation Management.--The Secretary may carry out vegetation 
management treatments within the national monument, except that the 
harvesting of timber shall only be used if the Secretary determines 
that the harvesting is necessary for--
            (1) ecosystem restoration in furtherance of section 3(a); 
        or
            (2) the control of fire, insects, or diseases.
    (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles 
and mountain bikes in the national monument shall be limited to the 
roads and trails identified by the Secretary as appropriate for the use 
of motor vehicles and mountain bikes.
    (e) Grazing.--The Secretary shall permit grazing within the 
national monument, where established before the date of enactment of 
this Act--
            (1) subject to all applicable laws (including regulations); 
        and
            (2) consistent with the purposes described in section 3(a).
    (f) Utility Right-of-way Upgrades.--Nothing in this Act precludes 
the Secretary from renewing or authorizing the upgrading of a utility 
right-of-way in existence as of the date of enactment of this Act 
through the national monument--
            (1) in accordance with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) any other applicable law; and
            (2) subject to such terms and conditions as the Secretary 
        determines to be appropriate.
    (g) Education and Interpretive Center.--The Secretary may develop 
and construct an education and interpretive center to interpret the 
scientific and cultural resources of the national monument for the 
public.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with Indian tribes with a 
cultural or historic tie to Chimney Rock, shall develop a management 
plan for the national monument.
    (b) Public Comment.--In developing the management plan, the 
Secretary shall provide an opportunity for public comment by--
            (1) State and local governments;
            (2) tribal governments; and
            (3) any other interested organizations and individuals.

SEC. 6. LAND ACQUISITION.

    The Secretary may acquire land and any interest in land within or 
adjacent to the boundary of the national monument by--
            (1) purchase from willing sellers with donated or 
        appropriated funds;
            (2) donation; or
            (3) exchange.

SEC. 7. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, all Federal land 
within the national monument (including any land or interest in land 
acquired after the date of enactment of this Act) is withdrawn from--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) subject to subsection (b), operation of the mineral 
        leasing, mineral materials, and geothermal leasing laws.
    (b) Limitation.--Notwithstanding subsection (a)(3), the Federal 
land is not withdrawn for the purposes of issuance of gas pipeline 
rights-of-way within easements in existence as of the date of enactment 
of this Act.

SEC. 8. EFFECT.

    (a) Water Rights.--
            (1) In general.--Nothing in this Act affects any valid 
        water rights, including water rights held by the United States.
            (2) Reserved water right.--The designation of the national 
        monument does not create a Federal reserved water right.
    (b) Tribal Rights.--Nothing in this Act affects--
            (1) the rights of any Indian tribe on Indian land;
            (2) any individually-held trust land or Indian allotment; 
        or
            (3) any treaty rights providing for nonexclusive access to 
        or within the national monument by members of Indian tribes for 
        traditional and cultural purposes.
    (c) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to the management of fish and 
wildlife on public land in the State.
    (d) Adjacent Uses.--Nothing in this Act--
            (1) creates a protective perimeter or buffer zone around 
        the national monument; or
            (2) affects private property outside of the boundary of the 
        national monument.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 603

111th CONGRESS

  2d Session

                                S. 3303

                          [Report No. 111-317]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 27, 2010

                       Reported with an amendment
```