IIB 

112TH CONGRESS 

2D SESSION H. R. 2621 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2012 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To establish the Chimney Rock National Monument 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Chimney Rock Na3 tional Monument Establishment Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) NATIONAL MONUMENT.—The term ‘‘na7 tional monument’’ means the Chimney Rock Na8 tional 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 

26 shall consist of approximately 4,726 acres of land 


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1 and interests in land, as generally depicted on the 

2 map entitled ‘‘Boundary Map, Chimney Rock Na3 tional Monument’’ 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 signifi7 cant archeological resources discovered after the 

8 date of the enactment of this Act on adjacent Na9 tional Forest System 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 

18 which the national monument was established; 

19 and 

20 (B) in accordance with— 

21 (i) this Act; and 

22 (ii) any laws generally applicable to 

23 the National Forest System; and 


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1 (2) allow only such uses of the national monu2 ment that the Secretary determines would further 

3 the purposes described in section 3(a). 

4 (b) TRIBAL USES.— 

5 (1) IN GENERAL.—The Secretary shall admin6 ister the national monument in accordance with— 

7 (A) the Native American Graves Protection 

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

9 and 

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

11 341 (commonly known as the ‘‘American Indian 

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

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

14 and conditions the Secretary determines to be nec15 essary and in accordance with applicable law, the 

16 Secretary shall allow for the continued use of the na17 tional monument by members of Indian tribes— 

18 (A) for traditional ceremonies; and 

19 (B) as a source of traditional plants and 

20 other materials. 

21 (c) VEGETATION MANAGEMENT.—The Secretary may 

22 carry out vegetation management treatments within the 

23 national monument, except that the harvesting of timber 

24 shall only be used if the Secretary determines that the har25 vesting is necessary for— 


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1 (1) ecosystem restoration in furtherance of sec2 tion 3(a); or 

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

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

5 use of motor vehicles and mountain bikes in the national 

6 monument shall be limited to the roads and trails identi7 fied by the Secretary as appropriate for the use of motor 

8 vehicles and mountain bikes. 

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

10 within the national monument, where established before 

11 the date of the enactment of this Act— 

12 (1) subject to all applicable laws (including reg13 ulations); and 

14 (2) consistent with the purposes described in 

15 section 3(a). 

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

17 this Act precludes the Secretary from renewing or author18 izing the upgrading of a utility right-of-way in existence 

19 as of the date of the enactment of this Act through the 

20 national monument— 

21 (1) in accordance with— 

22 (A) the National Environmental Policy Act 

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

24 (B) any other applicable law; and 


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

2 Secretary determines to be appropriate. 

3 (g) VOLUNTEERS.—The Secretary shall allow for the 

4 continued access and work of volunteers at the national 

5 monument. 

6 (h) RESEARCH.—Scientific research, including ar7 cheological research, educational, and interpretive uses 

8 shall be permitted within the Monument. 

9 (i) OTHER ADMINISTRATIVE COSTS.—Any signs, fix10 tures, alterations, or additions needed in connection with 

11 the designation or advertisement of the Monument shall 

12 be paid for only with non-Federal funds or amounts made 

13 available for such purposes in prior Acts of appropriation. 

14 (j) DESIGNATION OF MANAGER.—As soon as prac15 ticable after the management plan is developed under sec16 tion 5(a), the Secretary shall designate an employee of the 

17 Department of Agriculture whose duties shall include act18 ing as the point of contact for the management of the na19 tional monument. 

20 (k) OTHER RECREATIONAL USES.—The Secretary 

21 shall allow continued use of the national monument for 

22 hunting, fishing, and other recreational uses authorized on 

23 the date of the enactment of this Act, except that the Sec24 retary may implement temporary emergency closures or 

25 restrictions of the smallest practicable area to provide for 


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1 public safety, resource conservation, or other purposes au2 thorized by law. 

3 SEC. 5. MANAGEMENT PLAN. 

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

5 date of the enactment of this Act, the Secretary, in con6 sultation with Indian tribes with a cultural or historic tie 

7 to Chimney Rock, shall develop a management plan for 

8 the national 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 

21 or 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, 

3 all Federal land within the national monument (including 

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

5 enactment 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 

14 (a)(3), the Federal land is not withdrawn for the purposes 

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

16 in existence as of the date of the 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 

21 by the United States. 

22 (2) RESERVED WATER RIGHT.—The designa23 tion of the national monument does not create a 

24 Federal 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 

8 purposes. 

9 (c) FISH AND WILDLIFE.—Nothing in this Act af10 fects the jurisdiction of the State with respect to the man11 agement 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 

16 boundary of the national monument. 

Passed the House of Representatives May 16, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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