IB 

Union Calendar No. 331 

112TH CONGRESS 

2D SESSION H. R. 2621 

[Report No. 112–473] 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2011 

Mr. TIPTON introduced the following bill; which was referred to the Committee 

on Natural Resources 

MAY 10, 2012 

Additional sponsors: Mr. GARDNER, Mr. COFFMAN of Colorado, Mr. 

LAMBORN, and Mr. HEINRICH

MAY 10, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 21, 2011] 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2621 RH

A BILL 

To establish the Chimney Rock National Monument in the 

State of Colorado, and for other purposes. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2621 RH

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. 

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

5 Monument Establishment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 monument’’ means the Chimney Rock National 

10 Monument established by section 3(a). 

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

12 the Secretary of Agriculture. 

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

14 of Colorado. 

15 SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 

16 MONUMENT. 

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

18 State the Chimney Rock National Monument— 

19 (1) to preserve, protect, and restore the archeo20 logical, cultural, historic, geologic, hydrologic, nat21 ural, educational, and scenic resources of Chimney 

22 Rock and adjacent land; and 

23 (2) to provide for public interpretation and 

24 recreation consistent with the protection of the re25 sources described in paragraph (1). 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 2621 RH

1 (b) BOUNDARIES.— 

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

3 consist of approximately 4,726 acres of land and in4 terests in land, as generally depicted on the map enti5 tled ‘‘Boundary Map, Chimney Rock National Monu6 ment’’ and dated January 5, 2010. 

7 (2) MINOR ADJUSTMENTS.—The Secretary may 

8 make minor adjustments to the boundary of the na9 tional monument to reflect the inclusion of significant 

10 archeological resources discovered after the date of the 

11 enactment of this Act on adjacent National Forest 

12 System land. 

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

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

15 public inspection in the appropriate offices of the 

16 Forest Service. 

17 SEC. 4. ADMINISTRATION. 

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

19 (1) administer the national monument— 

20 (A) in furtherance of the purposes for which 

21 the national monument was established; and 

22 (B) in accordance with— 

23 (i) this Act; and 

24 (ii) any laws generally applicable to 

25 the National Forest System; and 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 2621 RH

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

3 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 na23 tional monument, except that the harvesting of timber shall 

24 only be used if the Secretary determines that the harvesting 

25 is necessary for— 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 2621 RH

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 identified 

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

8 and mountain bikes. 

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

10 within the national monument, where established before the 

11 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 sec15 tion 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 na20 tional 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 


tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 2621 RH

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 archeo7 logical research, educational, and interpretive uses shall be 

8 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 be 

12 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 acting 

18 as the point of contact for the management of the national 

19 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 re25 strictions of the smallest practicable area to provide for 


tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 2621 RH

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 consulta6 tion with Indian tribes with a cultural or historic tie to 

7 Chimney Rock, shall develop a management plan for the 

8 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 or 

21 appropriated funds; 

22 (2) donation; or 

23 (3) exchange. 


tjames on DSK6SPTVN1PROD with BILLS
9 

•HR 2621 RH

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 the enact5 ment 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 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 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— 


tjames on DSK6SPTVN1PROD with BILLS
10 

•HR 2621 RH

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. 


tjames on DSK6SPTVN1PROD with BILLS

tjames on DSK6SPTVN1PROD with BILLS
Union Calendar No. 331 

112TH CONGRESS 

2D SESSION H. R. 2621 

[Report No. 112–473] 

A BILL 

To establish the Chimney Rock National Monument 

in the State of Colorado, and for other purposes. 

MAY 10, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tjames on DSK6SPTVN1PROD with BILLS