II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be referred to as 

5 the ‘‘Chimney Rock National Monument Act of 2010’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Establishment of Chimney Rock National Monument. 

Sec. 5. Limitations on effect and scope of Act. 

Sec. 6. Management and use of National Monument. 

Sec. 7. Development of management plan. 

Sec. 8. Acquisition of land. 

Sec. 9. Authorization of appropriations. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Chimney Rock in Southwestern Colorado 

6 contains nationally significant archeological, geo7 logic, biological, cultural, educational, recreational, 

8 visual, and scenic value. 

9 (2) The unique, thousand-year-old Ancestral 

10 Puebloan community located beneath the prominent 

11 Chimney Rock Pinnacles, with its dramatic 360 de12 gree view of the surrounding landscape, provides an 

13 outstanding opportunity to enhance understanding 

14 and appreciation of the prehistory of North America 

15 and the accomplishments of Native American cul16 tures during that period. 

17 (3) The Chimney Rock Ancestral Puebloan 

18 community is one of the largest Pueblo II period 

19 (900–1150 AD) communities in southwestern Colo20 rado and one of the finest examples of a Chacoan 

21 system ‘‘Outlier’’. The Chacoan system was a comVerDate Mar 15 2010 04:49 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3303.RS S3303

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1 plex system of interdependent communities bound by 

2 economic, social, political, and religious relation3 ships. Chimney Rock contains many outstanding 

4 hallmarks of the Chacoan system and significant ar5 cheological resources of other periods. 

6 (4) The design of the Chimney Rock Ancestral 

7 Puebloan community incorporates Ancestral 

8 Puebloan knowledge of astronomy. The twin Chim9 ney Rock Pinnacles, for example, appear to have 

10 served as a frame for viewing astronomical align11 ments. 

12 (5) Ancestral Puebloan culture is part of the 

13 heritage of many Southwestern Indian cultures, and 

14 has influenced the culture, art and architecture of 

15 the Western United States. 

16 (6) The Chimney Rock Ancestral Puebloan 

17 community has special value for the Puebloan and 

18 Tribal people of today. 

19 (7) Chimney Rock provides a dramatic record 

20 of geological and astronomical time. 

21 (8) Chimney Rock is a natural laboratory that 

22 provides exceptional opportunities for scientific study 

23 in the fields of geology, ecology, prehistoric arche24 ology, and the ways in which they interrelate. 


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1 (9) Chimney Rock provides abundant opportu2 nities to enhance the understanding and apprecia3 tion by the public of the achievements and ways of 

4 life of the Ancestral Puebloans, in a rugged and 

5 spectacular landscape. 

6 (10) Chimney Rock has long been maintained 

7 through community care and management. Volun8 teers and volunteer organizations have provided out9 standing educational and interpretive programs and 

10 site stewardship, and have encouraged academic sci11 entific investigation. 

12 SEC. 3. DEFINITIONS. 

13 For purposes of this Act— 

14 (1) the term ‘‘Secretary’’ means the Secretary 

15 of Agriculture; and 

16 (2) the term ‘‘National Monument’’ means the 

17 Chimney Rock National Monument. 

18 SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 

19 MONUMENT. 

20 (a) ESTABLISHMENT.—In order to preserve, protect, 

21 and restore the archeological, anthropological, geologic, 

22 hydrologic, biological, visual, and scenic resources of 

23 Chimney Rock, and to enable the public (to the extent con24 sistent with the preceding purposes) to fully realize the 

25 scientific, cultural, educational, recreational, visual, and 


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1 scenic value of those resources, there is hereby designated 

2 the Chimney Rock National Monument. 

3 (b) LANDS AND INTERESTS IN LAND INCLUDED IN

4 NATIONAL MONUMENT.— 

5 (1) LANDS AND INTERESTS IN LAND WITHIN

6 CERTAIN BOUNDARIES.—The National Monument 

7 shall consist of all Federal lands and interests in 

8 lands located within its boundaries. The boundaries 

9 of the National Monument shall be the boundaries 

10 depicted on the map entitled ‘‘Boundary Map, Chim11 ney Rock National Monument’’, dated November 24, 

12 2009, as adjusted pursuant to paragraph (2). 

13 (2) ADJUSTMENT OF BOUNDARIES.— 

14 (A) INCLUSION OF ARCHEOLOGICAL RE15 SOURCES.—The Secretary may make minor ad16 justments to the boundaries of the National 

17 Monument to include significant archeological 

18 resources discovered on public land adjacent to 

19 the National Monument after the date of the 

20 enactment of this Act. 

21 (B) INCLUSION OF ACQUIRED LANDS AND

22 INTERESTS.—The Secretary shall adjust the 

23 boundaries of the National Monument to in24 clude any land or interest in land acquired 

25 under section 8. 


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1 (3) LEGAL DESCRIPTIONS AND MAP.— 

2 (A) PREPARATION AND SUBMISSION OF

3 LEGAL DESCRIPTIONS.—As soon as practicable 

4 after the date of the enactment of this Act, the 

5 Secretary shall use the map referred to in para6 graph (1) to prepare legal descriptions of the 

7 boundaries of the National Monument. The 

8 Secretary shall submit the legal descriptions to 

9 the Committee on Natural Resources and the 

10 Committee on Agriculture of the House of Rep11 resentatives and to the Committee on Energy 

12 and Natural Resources and the Committee on 

13 Agriculture, Nutrition, and Forestry of the Sen14 ate. 

15 (B) AVAILABILITY OF MAP FOR PUBLIC IN16 SPECTION.—The Secretary shall make the map 

17 referred to in paragraph (1) available for public 

18 inspection in appropriate offices of the United 

19 States Forest Service. 

20 (C) CORRECTION OF CLERICAL AND TYPO21 GRAPHICAL ERRORS.—The Secretary may cor22 rect clerical and typographical errors in the 

23 legal descriptions and map referred to in sub24 paragraph (A) and paragraph (1), respectively. 


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1 (c) DESIGNATION OF MANAGER.—The Secretary 

2 shall designate an individual as manager of the National 

3 Monument as soon as practicable after development of the 

4 management plan under section 7(a). 

5 SEC. 5. LIMITATIONS ON EFFECT AND SCOPE OF ACT. 

6 (a) NO INTERFERENCE WITH PROPERTY RIGHTS.— 

7 No provision of this Act shall interfere with the following: 

8 (1) The property rights of any Indian reserva9 tion. 

10 (2) Property rights in any individually held 

11 trust lands or other Indian allotments. 

12 (3) Any interest in land held by the State of 

13 Colorado or by any political subdivision or special 

14 district of the State of Colorado. 

15 (4) Any private property rights in property ad16 jacent to the National Monument. 

17 (5) The fish and wildlife rights of the State of 

18 Colorado or any tribal government. 

19 (b) SCOPE OF ACT.—No provision of this Act— 

20 (1) grants the Secretary new authority over 

21 non-Federal lands; or 

22 (2) creates any Federal reserved water rights. 

23 SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT. 

24 (a) MANAGEMENT AND AUTHORIZATION OF USES.— 

25 The Secretary shall manage and authorize uses of the NaVerDate Mar 15 2010 04:49 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S3303.RS S3303

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1 tional Monument (including any use under subsection (c)) 

2 as a unit of the San Juan National Forest in conformance 

3 with the following: 

4 (1) The purposes described in section 4(a). 

5 (2) The management plan developed under sec6 tion 7(a). 

7 (3) Public Law 96–550 (16 U.S.C. 410ii et 

8 seq.). 

9 (4) The Native American Graves Protection and 

10 Repatriation Act (25 U.S.C. 3001 et seq.). 

11 (5) The policy expressed in the American In12 dian Religious Freedom Act (42 U.S.C. 1996). 

13 (6) Treaties providing for nonexclusive access to 

14 the National Monument by Indians for traditional 

15 and cultural purposes. 

16 (b) VEGETATION MANAGEMENT.—The Secretary 

17 may carry out vegetative management treatments within 

18 the National Monument, except that timber harvest and 

19 the use of prescribed fire may only be used when the Sec20 retary determines it necessary to address the risk of wild21 fire, insects, or diseases that would endanger the National 

22 Monument or imperil public safety. 

23 (c) AUTHORIZED USES.—All uses of the National 

24 Monument other than those authorized by the Secretary 


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1 shall be prohibited. Authorized uses of the National Monu2 ment may include the following: 

3 (1) Construction of a visitor’s center and re4 lated exhibit and curatorial facilities to interpret the 

5 scientific and cultural resources of the National 

6 Monument for the benefit of the general public. 

7 (2) Scientific research (including archeological 

8 research) and educational and interpretive uses. 

9 (3) Acquisition, consolidation, and display of ar10 tifacts found within the National Monument. 

11 (4) The recreational and administrative use of 

12 mountain bikes and motorized vehicles. 

13 (5) Installation, construction, and maintenance 

14 of a public utility right of way within the National 

15 Monument for a purpose described in section 4(a) if 

16 the Secretary determines that— 

17 (A) there is no route outside of the Na18 tional Monument that will accomplish the pur19 pose; or 

20 (B) the right of way will be located along 

21 a State highway crossing the National Monu22 ment. 

23 (6) Grazing uses, through issuance and admin24 istration by the Secretary of grazing leases or per25 mits. 


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1 (d) PROHIBITION ON ENTRY, APPROPRIATION, DIS2 POSAL, AND OTHER USES.—The Federal lands and inter3 ests in lands located within the boundaries of the National 

4 Monument are hereby withdrawn from— 

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

6 under the public land laws; 

7 (2) location, entry, and patent under the public 

8 land mining laws; and 

9 (3) operation of the mineral leasing and geo10 thermal leasing laws and the mineral materials laws. 

11 SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN. 

12 (a) REQUIREMENT.—Not later than 3 years after the 

13 date of the enactment of this Act, the Secretary, in con14 sultation with Indian tribes with a cultural or historic tie 

15 to the National Monument, shall develop a management 

16 plan for the management and authorization of uses of the 

17 National Monument under section 4(a). 

18 (b) OPPORTUNITY FOR COMMENT.—In developing 

19 the management plan, the Secretary shall provide an op20 portunity for comment to local governments, tribal govern21 ments, the State of Colorado, and other local, State, and 

22 national organizations with an interest in the management 

23 and use of the National Monument. 

24 (c) CONTENTS.—The management plan shall— 


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1 (1) identify authorized uses for the National 

2 Monument; 

3 (2) provide for the continued use of the Na4 tional Monument by Indian tribes for traditional 

5 ceremonies and as a source of traditional plants and 

6 other materials; 

7 (3) specify permitted uses of artifacts, including 

8 whether certain artifacts may be displayed for edu9 cational purposes; 

10 (4) identify visitor carrying capacities; and 

11 (5) designate roads and trails for public and 

12 administrative use. 

13 SEC. 8. ACQUISITION OF LAND. 

14 The Secretary may acquire State, local government, 

15 tribal, and privately held land or interests in land, includ16 ing conservation easements, contiguous to the boundaries 

17 of the National Monument, for inclusion in the National 

18 Monument only by— 

19 (1) donation; 

20 (2) exchange with a willing party; or 

21 (3) purchase from a willing seller. 

22 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as are necessary to carry out this Act. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Chimney Rock National 

3 Monument Establishment Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) NATIONAL MONUMENT.—The term ‘‘national 

7 monument’’ means the Chimney Rock National 

8 Monument established by section 3(a). 

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

10 the Secretary of Agriculture. 

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

12 of Colorado. 

13 SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 

14 MONUMENT. 

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

16 State the Chimney Rock National Monument— 

17 (1) to preserve, protect, and restore the archeo18 logical, cultural, historic, geologic, hydrologic, nat19 ural, educational, and scenic resources of Chimney 

20 Rock and adjacent land; and 

21 (2) to provide for public interpretation and 

22 recreation consistent with the protection of the re23 sources described in paragraph (1). 

24 (b) BOUNDARIES.— 

25 (1) IN GENERAL.—The national monument shall 

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1 terests in land, as generally depicted on the map enti2 tled ‘‘Boundary Map, Chimney Rock National Monu3 ment’’ and dated January 5, 2010. 

4 (2) MINOR ADJUSTMENTS.—The Secretary may 

5 make minor adjustments to the boundary of the na6 tional monument to reflect the inclusion of significant 

7 archeological resources discovered after the date of en8 actment of this Act on adjacent National Forest Sys9 tem land. 

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

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

12 public inspection in the appropriate offices of the 

13 Forest Service. 

14 SEC. 4. ADMINISTRATION. 

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

16 (1) administer the national monument— 

17 (A) in furtherance of the purposes for which 

18 the national monument was established; and 

19 (B) in accordance with— 

20 (i) this Act; and 

21 (ii) any laws generally applicable to 

22 the National Forest System; and 

23 (2) allow only such uses of the national monu24 ment that the Secretary determines would further the 

25 purposes described in section 3(a). 


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1 (b) TRIBAL USES.— 

2 (1) IN GENERAL.—The Secretary shall admin3 ister the national monument in accordance with— 

4 (A) the Native American Graves Protection 

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

6 and 

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

8 341 (commonly known as the ‘‘American Indian 

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

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

11 and conditions the Secretary determines to be nec12 essary and in accordance with applicable law, the 

13 Secretary shall allow for the continued use of the na14 tional monument by members of Indian tribes— 

15 (A) for traditional ceremonies; and 

16 (B) as a source of traditional plants and 

17 other materials. 

18 (c) VEGETATION MANAGEMENT.—The Secretary may 

19 carry out vegetation management treatments within the na20 tional monument, except that the harvesting of timber shall 

21 only be used if the Secretary determines that the harvesting 

22 is necessary for— 

23 (1) ecosystem restoration in furtherance of sec24 tion 3(a); or 

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


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

2 use of motor vehicles and mountain bikes in the national 

3 monument shall be limited to the roads and trails identified 

4 by the Secretary as appropriate for the use of motor vehicles 

5 and mountain bikes. 

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

7 within the national monument, where established before the 

8 date of enactment of this Act— 

9 (1) subject to all applicable laws (including reg10 ulations); and 

11 (2) consistent with the purposes described in sec12 tion 3(a). 

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

14 this Act precludes the Secretary from renewing or author15 izing the upgrading of a utility right-of-way in existence 

16 as of the date of enactment of this Act through the national 

17 monument— 

18 (1) in accordance with— 

19 (A) the National Environmental Policy Act 

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

21 (B) any other applicable law; and 

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

23 Secretary determines to be appropriate. 

24 (g) EDUCATION AND INTERPRETIVE CENTER.—The 

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1 terpretive center to interpret the scientific and cultural re2 sources of the national monument for the public. 

3 SEC. 5. MANAGEMENT PLAN. 

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

5 date of enactment of this Act, the Secretary, in consultation 

6 with Indian tribes with a cultural or historic tie to Chim7 ney Rock, shall develop a management plan for the national 

8 monument. 

9 (b) PUBLIC COMMENT.—In developing the manage10 ment plan, the Secretary shall provide an opportunity for 

11 public comment by— 

12 (1) State and local governments; 

13 (2) tribal governments; and 

14 (3) any other interested organizations and indi15 viduals. 

16 SEC. 6. LAND ACQUISITION. 

17 The Secretary may acquire land and any interest in 

18 land within or adjacent to the boundary of the national 

19 monument by— 

20 (1) purchase from willing sellers with donated or 

21 appropriated funds; 

22 (2) donation; or 

23 (3) exchange. 


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1 SEC. 7. WITHDRAWAL. 

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

3 Federal land within the national monument (including any 

4 land or interest in land acquired after the date of enactment 

5 of this Act) is withdrawn from— 

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

7 public land laws; 

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

9 laws; and 

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

11 mineral leasing, mineral materials, and geothermal 

12 leasing laws. 

13 (b) LIMITATION.—Notwithstanding subsection (a)(3), 

14 the Federal land is not withdrawn for the purposes of 

15 issuance of gas pipeline rights-of-way within easements in 

16 existence as of the date of enactment of this Act. 

17 SEC. 8. EFFECT. 

18 (a) WATER RIGHTS.— 

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

20 any valid water rights, including water rights held by 

21 the United States. 

22 (2) RESERVED WATER RIGHT.—The designation 

23 of the national monument does not create a Federal 

24 reserved water right. 

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


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

2 land; 

3 (2) any individually-held trust land or Indian 

4 allotment; or 

5 (3) any treaty rights providing for nonexclusive 

6 access to or within the national monument by mem7 bers of Indian tribes for traditional and cultural pur8 poses. 

9 (c) FISH AND WILDLIFE.—Nothing in this Act affects 

10 the jurisdiction of the State with respect to the management 

11 of fish and wildlife on public land in the State. 

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

13 (1) creates a protective perimeter or buffer zone 

14 around the national monument; or 

15 (2) affects private property outside of the bound16 ary of the national monument. 

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums as 

19 are necessary to carry out this Act. 


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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 


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