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

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be referred to as the ``Chimney Rock 
National Monument Act of 2010''.
    (b) Table of Contents.--The table of contents of 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.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Chimney Rock in Southwestern Colorado contains 
        nationally significant archeological, geologic, biological, 
        cultural, educational, recreational, visual, and scenic value.
            (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.
            (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.
            (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.
            (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.
            (6) The Chimney Rock Ancestral Puebloan community has 
        special value for the Puebloan and Tribal people of today.
            (7) Chimney Rock provides a dramatic record of geological 
        and astronomical time.
            (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.
            (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.
            (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.

SEC. 3. DEFINITIONS.

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

SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

    (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.
    (b) Lands and Interests in Land Included in National Monument.--
            (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).
            (2) Adjustment of boundaries.--
                    (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.
                    (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.
            (3) Legal descriptions and map.--
                    (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.
                    (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.
                    (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.
    (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).

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

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

SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT.

    (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:
            (1) The purposes described in section 4(a).
            (2) The management plan developed under section 7(a).
            (3) Public Law 96-550 (16 U.S.C. 410ii et seq.).
            (4) The Native American Graves Protection and Repatriation 
        Act (25 U.S.C. 3001 et seq.).
            (5) The policy expressed in the American Indian Religious 
        Freedom Act (42 U.S.C. 1996).
            (6) Treaties providing for nonexclusive access to the 
        National Monument by Indians for traditional and cultural 
        purposes.
    (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.
    (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:
            (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.
            (2) Scientific research (including archeological research) 
        and educational and interpretive uses.
            (3) Acquisition, consolidation, and display of artifacts 
        found within the National Monument.
            (4) The recreational and administrative use of mountain 
        bikes and motorized vehicles.
            (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--
                    (A) there is no route outside of the National 
                Monument that will accomplish the purpose; or
                    (B) the right of way will be located along a State 
                highway crossing the National Monument.
            (6) Grazing uses, through issuance and administration by 
        the Secretary of grazing leases or permits.
    (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--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the public land 
        mining laws; and
            (3) operation of the mineral leasing and geothermal leasing 
        laws and the mineral materials laws.

SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN.

    (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).
    (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.
    (c) Contents.--The management plan shall--
            (1) identify authorized uses for the National Monument;
            (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;
            (3) specify permitted uses of artifacts, including whether 
        certain artifacts may be displayed for educational purposes;
            (4) identify visitor carrying capacities; and
            (5) designate roads and trails for public and 
        administrative use.

SEC. 8. ACQUISITION OF LAND.

    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--
            (1) donation;
            (2) exchange with a willing party; or
            (3) purchase from a willing seller.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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