I
104TH CONGRESS
2D SESSION
H. R. 3365
To redesignate the Black Canyon of the Gunnison National Monument as
a national park, to establish the Gunnison Gorge National Conservation
Area, to establish the Curecanti National Recreation Area, to establish
the Black Canyon of the Gunnison National Park Complex, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1996
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To redesignate the Black Canyon of the Gunnison National
Monument as a national park, to establish the Gunnison
Gorge National Conservation Area, to establish the
Curecanti National Recreation Area, to establish the
Black Canyon of the Gunnison National Park Complex,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Black Canyon National
Park Complex Act of 1996’’.
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SEC. 2. ESTABLISHMENT OF BLACK CANYON OF THE GUN-
NISON NATIONAL PARK.
(a) There is hereby established the Black Canyon of
the Gunnison National Park (hereinafter referred to as
the ‘‘park’’) in the State of Colorado. The Black Canyon
National Monument is abolished as such, and all lands and
interest therein are hereby incorporated within and made
part of the Black Canyon of the Gunnison National Park.
Any reference to the Black Canyon of the Gunnison Na-
tional Monument shall be deemed a reference to Black
Canyon of the Gunnison National Park, and any funds
available for the purposes of the monument shall be avail-
able for purposes of the park.
(b) The Secretary of the Interior (hereinafter referred
to as the ‘‘Secretary’’) acting through the Director of the
National Park Service shall manage the park, subject to
valid exiting rights, in accordance with this Act and under
the provisions of law generally applicable to units of the
National Park System including but not limited to the Act
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461
et seq.), and other applicable provisions of law.
SEC. 3. ESTABLISHMENT OF THE GUNNISON GORGE NA-
TIONAL CONSERVATION AREA.
(a) There is hereby established the Gunnison Gorge
National Conservation Area (hereafter referred to as the
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‘‘conservation area’’) in the State of Colorado, consisting
of approximately 64,139 acres as generally depicted on the
map entitled ‘‘Black Canyon of the Gunnison National
Park Complex—Map No. 2, dated 10/27/95’’ (hereinafter
referred to as the ‘‘map’’).
(b) The Secretary, acting through the Director of the
Bureau of land management, shall manage the conserva-
tion area, subject to valid existing rights, in accordance
with this Act, the Federal Land Management and Policy
Act of 1976, and other applicable provisions of law.
(c) In addition to the use of motorized vehicles on
established roadways, the use of motorized vehicles in the
conservation area shall be allowed to the extent compat-
ible, in accordance with existing off-highway vehicle des-
ignations as described in the current, approved manage-
ment plan, or as part of the management plan prepared
pursuant to this Act.
(d) Within four years following the date of enactment
of this Act, the Secretary shall develop and transmit to
the Committee on Energy and Natural Resources of the
United States Senate and to the Committee on Resources
of the United States House of Representatives a com-
prehensive plan for the long-range protection and manage-
ment of the conservation area. The plan shall describe the
appropriate uses and management of the conservation
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area consistent with the provisions of this Act. The plan
may incorporate appropriate decisions contained in any
current management or activity plan for the area. The
plan may also incorporate appropriate wildlife habitat
management or other plans that have been prepared for
the lands within or adjacent to the conservation area, and
shall be prepared in close consultation with appropriate
agencies of the State of Colorado and shall use informa-
tion developed in previous studies of the lands within or
adjacent to the conservation area.
SEC. 4. ESTABLISHMENT OF THE CURECANTI NATIONAL
RECREATION AREA, AND THE DENVER AND
RIO GRANDE RAILROAD NATIONAL HISTORIC
SITE.
(a) There is hereby established, the Curecanti Na-
tional Recreation Area (hereinafter referred to as the
‘‘recreation area’’ in the State of Colorado. The recreation
area shall consist of the lands and water within the area
designated ‘‘Curecanti National Recreation Area’’ as de-
picted on the map.
(b) The Secretary, acting through the Director of the
National Park Service shall manage the recreation area,
subject to valid existing rights, in accordance with this Act
and under provisions of law generally applicable to units
of the National Park System including but not limited to
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the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1
et seq.), and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461 et seq.), and other applicable provisions
of law, except as otherwise provided in this section.
(c) The establishment of the recreation area under
subsection (a) shall not affect or interfere with the validity
of withdrawals made before the date of enactment of this
Act for reclamation or power purposes. Operation of im-
provements on and the management of lands occupied by
dams, structures, or other facilities subject to the Colorado
River Storage Project Act of 1956 (42 U.S.C. 620 et seq.)
shall be the responsibility of the Secretary, acting through
the Commissioner of the Bureau of Reclamation. Such
lands shall be delineated through a joint agreement among
the Bureau of Reclamation, the National Park Service,
and all associated entities. The Secretary may enter into
additional agreements which address sharing of jurisdic-
tion and authorities on the delineated lands. All lands
within the recreation area which have been withdrawn or
acquired by the United States for reclamation purposes
shall remain subject to the purposes and uses established
under the Colorado River Storage Project Act of 1956 (42
U.S.C. 620 et seq.). The Secretary may exclude any area
from the recreation area for reclamation or power pur-
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poses upon determining that it is in the national interest
to do so.
(d) The Secretary shall administer the recreation
area subject to all public laws, memoranda of interagency
agreement, memoranda of agreement and/or understand-
ing, including cooperative agreements, licenses, permits,
and contracts and right-of-way agreements currently in ef-
fect, and/or referenced in the Curecanti National Recre-
ation Area Statement for Management, dated November
1990.
(e) Within the recreation area there is hereby estab-
lished, subject to the provisions of this section, the Denver
and Rio Grande National Historic Site (hereinafter re-
ferred to as the ‘‘historic site’’) consisting of the Denver
and Rio Grande rolling stock and train trestle at Cim-
arron, as depicted on the map. The Secretary may include
those portions of the historic railroad bed within the
boundaries of the historic site which would serve to en-
hance or contribute to the interpretation of the develop-
ment of the railroad and its role in the development of
western Colorado.
(f) Within the recreation area there is hereby estab-
lished, subject to the provisions of this section, the
Curecanti Archeological District (hereinafter referred to
as the ‘‘district’’) as depicted on the map.
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(g) Within one year after the enactment of this Act,
the Secretary shall submit a comprehensive list of laws,
rules, regulations, right-of way permits and agreements,
licensing agreements, special-use permits or other author-
izing documents issued by the Bureau of Reclamation, the
Bureau of Land Management, and the Forest Service, for
the use of lands within the recreation area, to the Commit-
tee on Energy and Natural Resources of the United States
Senate and to the Committee on Resources of the United
States House of Representatives.
SEC. 5. THE ESTABLISHMENT OF THE BLACK CANYON OF
THE GUNNISON NATIONAL PARK COMPLEX.
(a) There is hereby established the Black Canyon of
the Gunnison National Park Complex (hereinafter re-
ferred to as the ‘‘complex’’) in the State of Colorado. The
complex shall include the following lands as depicted on
the map:
(1) The park.
(2) The conservation area.
(3) The recreation area.
(4) Those portions of lands comprising the
Gunnison National Forest as depicted on the map.
(b) The Secretary, acting through the Director of the
National Park Service shall manage the park, recreation
area, historic site and district; and acting through the Di-
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rector of the Bureau of Land Management, shall manage
the conservation area in accordance with this Act, and
other applicable provisions of law.
(c) The Secretary of Agriculture, acting through the
Chief of the Forest Service shall manage, subject to valid
existing rights, those portions of the forest that have been
included in the complex in accordance with the laws, rules,
and regulations pertaining to the National Forest System
and this Act.
(d) The Secretaries shall manage the areas under
their jurisdiction within the complex in a consistent man-
ner to the maximum extent practical. Wherever possible,
regulations, permits, licenses, and other agreements
should be issued jointly. The Secretaries shall ensure that,
to the maximum extent practical, that personnel, equip-
ment, and other resources are shared among the agencies
and that the duplication of effort is reduced or eliminated.
SEC. 6. WATER RIGHTS.
Nothing in this Act, nor in any action taken pursuant
thereto under any other act, shall constitute an express
or implied reservation of water for any purpose. Nothing
in this Act, nor any actions taken pursuant thereto shall
affect any existing water rights, including, but not limited
to, any water rights held by the United States prior to
the date of enactment of this Act. Any water rights that
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the Secretary determines are necessary for the purposes
of this Act shall be acquired under the procedural and sub-
stitutive requirements of the laws of the State of Colorado.
SEC. 7. RECREATIONAL AND MULTIPLE-USE ACTIVITIES.
(a) In carrying out this Act, in addition to other re-
lated activities that may be permitted pursuant to this
Act, the Secretaries shall provide for general recreation
and multiple use activities that are considered appropriate
and compatible within the areas of their respective juris-
diction, including, but not limited to, swimming, fishing,
boating, rafting, hiking, horseback riding, camping and
picnicking. The Secretaries shall also provide for certain
multiple use activities, subject to valid existing rights, in-
cluding grazing and the harvesting of hay; the mainte-
nance of roads, stock driveways, and utility rights-of-way.
Within the boundaries of the recreation area the Secretary
shall also provide for off-road vehicle use below high water
levels, on frozen lake surfaces, and on related designated
access routes; and other such uses as the Secretary may
deem appropriate.
(b) The Secretaries shall permit hunting, fishing,
noncommercial taking of fresh-water crustaceans, and
trapping on the lands and waters under the Secretaries
jurisdiction in accordance with applicable laws and regula-
tions of the United States and the State of Colorado, ex-