II 

111TH CONGRESS 

2D SESSION S. 3303 

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 

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’’. 

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

7 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. 


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Sec. 8. Acquisition of land. 

Sec. 9. Authorization of appropriations. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Chimney Rock in Southwestern Colorado 

4 contains nationally significant archeological, geo5 logic, biological, cultural, educational, recreational, 

6 visual, and scenic value. 

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

8 Puebloan community located beneath the prominent 

9 Chimney Rock Pinnacles, with its dramatic 360 de10 gree view of the surrounding landscape, provides an 

11 outstanding opportunity to enhance understanding 

12 and appreciation of the prehistory of North America 

13 and the accomplishments of Native American cul14 tures during that period. 

15 (3) The Chimney Rock Ancestral Puebloan 

16 community is one of the largest Pueblo II period 

17 (900–1150 AD) communities in southwestern Colo18 rado and one of the finest examples of a Chacoan 

19 system ‘‘Outlier’’. The Chacoan system was a com20 plex system of interdependent communities bound by 

21 economic, social, political, and religious relation22 ships. Chimney Rock contains many outstanding 

23 hallmarks of the Chacoan system and significant ar24 cheological resources of other periods. 


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1 (4) The design of the Chimney Rock Ancestral 

2 Puebloan community incorporates Ancestral 

3 Puebloan knowledge of astronomy. The twin Chim4 ney Rock Pinnacles, for example, appear to have 

5 served as a frame for viewing astronomical align6 ments. 

7 (5) Ancestral Puebloan culture is part of the 

8 heritage of many Southwestern Indian cultures, and 

9 has influenced the culture, art and architecture of 

10 the Western United States. 

11 (6) The Chimney Rock Ancestral Puebloan 

12 community has special value for the Puebloan and 

13 Tribal people of today. 

14 (7) Chimney Rock provides a dramatic record 

15 of geological and astronomical time. 

16 (8) Chimney Rock is a natural laboratory that 

17 provides exceptional opportunities for scientific study 

18 in the fields of geology, ecology, prehistoric arche19 ology, and the ways in which they interrelate. 

20 (9) Chimney Rock provides abundant opportu21 nities to enhance the understanding and apprecia22 tion by the public of the achievements and ways of 

23 life of the Ancestral Puebloans, in a rugged and 

24 spectacular landscape. 


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1 (10) Chimney Rock has long been maintained 

2 through community care and management. Volun3 teers and volunteer organizations have provided out4 standing educational and interpretive programs and 

5 site stewardship, and have encouraged academic sci6 entific investigation. 

7 SEC. 3. DEFINITIONS. 

8 For purposes of this Act— 

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

10 of Agriculture; and 

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

12 Chimney Rock National Monument. 

13 SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 

14 MONUMENT. 

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

16 and restore the archeological, anthropological, geologic, 

17 hydrologic, biological, visual, and scenic resources of 

18 Chimney Rock, and to enable the public (to the extent con19 sistent with the preceding purposes) to fully realize the 

20 scientific, cultural, educational, recreational, visual, and 

21 scenic value of those resources, there is hereby designated 

22 the Chimney Rock National Monument. 

23 (b) LANDS AND INTERESTS IN LAND INCLUDED IN

24 NATIONAL MONUMENT.— 


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1 (1) LANDS AND INTERESTS IN LAND WITHIN

2 CERTAIN BOUNDARIES.—The National Monument 

3 shall consist of all Federal lands and interests in 

4 lands located within its boundaries. The boundaries 

5 of the National Monument shall be the boundaries 

6 depicted on the map entitled ‘‘Boundary Map, Chim7 ney Rock National Monument’’, dated November 24, 

8 2009, as adjusted pursuant to paragraph (2). 

9 (2) ADJUSTMENT OF BOUNDARIES.— 

10 (A) INCLUSION OF ARCHEOLOGICAL RE11 SOURCES.—The Secretary may make minor ad12 justments to the boundaries of the National 

13 Monument to include significant archeological 

14 resources discovered on public land adjacent to 

15 the National Monument after the date of the 

16 enactment of this Act. 

17 (B) INCLUSION OF ACQUIRED LANDS AND

18 INTERESTS.—The Secretary shall adjust the 

19 boundaries of the National Monument to in20 clude any land or interest in land acquired 

21 under section 8. 

22 (3) LEGAL DESCRIPTIONS AND MAP.— 

23 (A) PREPARATION AND SUBMISSION OF

24 LEGAL DESCRIPTIONS.—As soon as practicable 

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


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1 Secretary shall use the map referred to in para2 graph (1) to prepare legal descriptions of the 

3 boundaries of the National Monument. The 

4 Secretary shall submit the legal descriptions to 

5 the Committee on Natural Resources and the 

6 Committee on Agriculture of the House of Rep7 resentatives and to the Committee on Energy 

8 and Natural Resources and the Committee on 

9 Agriculture, Nutrition, and Forestry of the Sen10 ate. 

11 (B) AVAILABILITY OF MAP FOR PUBLIC IN12 SPECTION.—The Secretary shall make the map 

13 referred to in paragraph (1) available for public 

14 inspection in appropriate offices of the United 

15 States Forest Service. 

16 (C) CORRECTION OF CLERICAL AND TYPO17 GRAPHICAL ERRORS.—The Secretary may cor18 rect clerical and typographical errors in the 

19 legal descriptions and map referred to in sub20 paragraph (A) and paragraph (1), respectively. 

21 (c) DESIGNATION OF MANAGER.—The Secretary 

22 shall designate an individual as manager of the National 

23 Monument as soon as practicable after development of the 

24 management plan under section 7(a). 


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

2 (a) NO INTERFERENCE WITH PROPERTY RIGHTS.— 

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

4 (1) The property rights of any Indian reserva5 tion. 

6 (2) Property rights in any individually held 

7 trust lands or other Indian allotments. 

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

9 Colorado or by any political subdivision or special 

10 district of the State of Colorado. 

11 (4) Any private property rights in property ad12 jacent to the National Monument. 

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

14 Colorado or any tribal government. 

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

16 (1) grants the Secretary new authority over 

17 non-Federal lands; or 

18 (2) creates any Federal reserved water rights. 

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

20 (a) MANAGEMENT AND AUTHORIZATION OF USES.— 

21 The Secretary shall manage and authorize uses of the Na22 tional Monument (including any use under subsection (c)) 

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

24 with the following: 

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


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1 (2) The management plan developed under sec2 tion 7(a). 

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

4 seq.). 

5 (4) The Native American Graves Protection and 

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

7 (5) The policy expressed in the American In8 dian Religious Freedom Act (42 U.S.C. 1996). 

9 (6) Treaties providing for nonexclusive access to 

10 the National Monument by Indians for traditional 

11 and cultural purposes. 

12 (b) VEGETATION MANAGEMENT.—The Secretary 

13 may carry out vegetative management treatments within 

14 the National Monument, except that timber harvest and 

15 the use of prescribed fire may only be used when the Sec16 retary determines it necessary to address the risk of wild17 fire, insects, or diseases that would endanger the National 

18 Monument or imperil public safety. 

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

20 Monument other than those authorized by the Secretary 

21 shall be prohibited. Authorized uses of the National Monu22 ment may include the following: 

23 (1) Construction of a visitor’s center and re24 lated exhibit and curatorial facilities to interpret the 


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1 scientific and cultural resources of the National 

2 Monument for the benefit of the general public. 

3 (2) Scientific research (including archeological 

4 research) and educational and interpretive uses. 

5 (3) Acquisition, consolidation, and display of ar6 tifacts found within the National Monument. 

7 (4) The recreational and administrative use of 

8 mountain bikes and motorized vehicles. 

9 (5) Installation, construction, and maintenance 

10 of a public utility right of way within the National 

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

12 the Secretary determines that— 

13 (A) there is no route outside of the Na14 tional Monument that will accomplish the pur15 pose; or 

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

17 a State highway crossing the National Monu18 ment. 

19 (6) Grazing uses, through issuance and admin20 istration by the Secretary of grazing leases or per21 mits. 

22 (d) PROHIBITION ON ENTRY, APPROPRIATION, DIS23 POSAL, AND OTHER USES.—The Federal lands and inter24 ests in lands located within the boundaries of the National 

25 Monument are hereby withdrawn from— 


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

2 under the public land laws; 

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

4 land mining laws; and 

5 (3) operation of the mineral leasing and geo6 thermal leasing laws and the mineral materials laws. 

7 SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN. 

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

9 date of the enactment of this Act, the Secretary, in con10 sultation with Indian tribes with a cultural or historic tie 

11 to the National Monument, shall develop a management 

12 plan for the management and authorization of uses of the 

13 National Monument under section 4(a). 

14 (b) OPPORTUNITY FOR COMMENT.—In developing 

15 the management plan, the Secretary shall provide an op16 portunity for comment to local governments, tribal govern17 ments, the State of Colorado, and other local, State, and 

18 national organizations with an interest in the management 

19 and use of the National Monument. 

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

21 (1) identify authorized uses for the National 

22 Monument; 

23 (2) provide for the continued use of the Na24 tional Monument by Indian tribes for traditional 


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1 ceremonies and as a source of traditional plants and 

2 other materials; 

3 (3) specify permitted uses of artifacts, including 

4 whether certain artifacts may be displayed for edu5 cational purposes; 

6 (4) identify visitor carrying capacities; and 

7 (5) designate roads and trails for public and 

8 administrative use. 

9 SEC. 8. ACQUISITION OF LAND. 

10 The Secretary may acquire State, local government, 

11 tribal, and privately held land or interests in land, includ12 ing conservation easements, contiguous to the boundaries 

13 of the National Monument, for inclusion in the National 

14 Monument only by— 

15 (1) donation; 

16 (2) exchange with a willing party; or 

17 (3) purchase from a willing seller. 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this Act. 

Æ 


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