106TH CONGRESS
1ST SESSION
H. R. 1165
To redesignate the Black Canyon of the Gunnison National Monument as
a national park and establish the Gunnison Gorge National Conservation
Area, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1999
Mr. MCINNIS (for himself, Mr. SCHAFFER, and Mr. TANCREDO) 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 and establish the Gunnison
Gorge National Conservation Area, and for other pur-
poses.
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 and Gunnison Gorge National Conservation Area
Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) Black Canyon of the Gunnison National
Monument was established for the preservation of its
spectacular gorges and additional features of scenic,
scientific, and educational interest;
(2) the Black Canyon and adjacent upland in-
clude a variety of unique ecological, geological, sce-
nic, historical, and wildlife components enhanced by
the serenity and rural western setting of the area;
(3) the Black Canyon and adjacent land provide
extensive opportunities for educational and rec-
reational activities, and are publicly used for hiking,
camping, and fishing, and for wilderness value, in-
cluding solitude;
(4) adjacent public land downstream of the
Black Canyon of the Gunnison National Monument
has wilderness value and offers unique geological,
paleontological, scientific, educational, and rec-
reational resources;
(5) public land adjacent to the Black Canyon of
the Gunnison National Monument contributes to the
protection of the wildlife, viewshed, and scenic quali-
ties of the Black Canyon;
(6) some private land adjacent to the Black
Canyon of the Gunnison National Monument has ex-
ceptional natural and scenic value, that, would be
threatened by future development pressures;
(7) the benefits of designating public and pri-
vate land surrounding the national monument as a
national park include greater long-term protection of
the resources and expanded visitor use opportunities;
and
(8) land in and adjacent to the Black Canyon
of the Gunnison Gorge is—
(A) recognized for offering exceptional
multiple use opportunities;
(B) recognized for offering natural, cul-
tural, scenic, wilderness, and recreational re-
sources; and
(C) worthy of additional protection as a
national conservation area, and with respect to
the Gunnison Gorge itself, as a component of
the national wilderness system.
SEC. 3. DEFINITIONS.
In this Act:
(1) CONSERVATION
AREA.—The term ‘‘Con-
servation Area’’ means the Gunnison Gorge National
Conservation Area, consisting of approximately
57,725 acres surrounding the Gunnison Gorge as
depicted on the Map.
(2) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Black Canyon National Park and Gunnison
Gorge NCA—1/22/99’’.
(3) PARK.—The term ‘‘Park’’ means the Black
Canyon National Park established under section 4
and depicted on the Map.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL
PARK.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established the
Black Canyon National Park in the State of Colo-
rado, as generally depicted on the Map.
(2) AVAILABILITY OF MAP.—The Map shall be
on file and available for public inspection in the of-
fices of the National Park Service of the Depart-
ment of the Interior.
(3) REDESIGNATION OF MONUMENT.—
(A) TERMINATION OF BLACK CANYON DES-
IGNATION.—The designation of the Black Can-
yon of the Gunnison National Monument in ex-
istence on the date of enactment of this Act is
terminated.
(B) TRANSFER.—All land and interests
within the boundary of the Black Canyon of the
Gunnison National Monument are incorporated
in and made part of the Black Canyon National
Park, including—
(i) land and interests within the
boundary of the Black Canyon of the Gun-
nison National Monument as established
by section 2(a) of the first section of Pub-
lic Law 98–357; and
(ii) any land and interests identified
on the Map and transferred by the Bureau
of Land Management under this Act.
(C) REFERENCE TO PARK.—Any reference
to the Black Canyon of the Gunnison National
Monument shall be deemed a reference to Black
Canyon National Park.
(D) FUNDS.—Any funds made available
for the purposes of the Black Canyon of the
Gunnison National Monument shall be available
for purposes of the Park.
(b) AUTHORITY.—The Secretary, acting through the
Director of the National Park Service, shall manage the
Park subject to valid rights, in accordance with this Act
and the provisions of law applicable to units of the Na-
tional Park System, including—
(1) the Act entitled ‘‘An Act to establish a Na-
tional Park Service, and for other purposes’’, ap-
proved August 25, 1916 (16 U.S.C. 1 et seq.);
(2) the Act entitled ‘‘An Act to provide for the
preservation of historic American sites, buildings,
objects, and antiquities of national significance, and
for other purposes’’, approved August 21, 1935 (16
U.S.C. 461 et seq.); and
(3) other applicable provisions of law.
(c) GRAZING.—
(1) GRAZING PERMITTED.—The Secretary may
permit grazing within the Park, if the use of the
Park for grazing is permitted on the date of enact-
ment of this Act.
(2) GRAZING PLAN.—The Secretary shall pre-
pare a grazing management plan to administer any
grazing activities within the Park.
SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUND-
ARY ADJUSTMENTS.
(a) ADDITIONAL ACQUISITIONS.—
(1) IN GENERAL.—The Secretary may acquire
land or interests in land depicted on the Map as pro-
posed additions.
(2) METHOD OF ACQUISITION.—
(A) IN
GENERAL.—Land or interests in
land may be acquired by—
(i) donation;
(ii) transfer;
(iii) purchase with donated or appro-
priated funds; or
(iv) exchange.
(B) CONSENT.—No land or interest in
land may be acquired without the consent of
the owner of the land.
(b) BOUNDARY REVISION.—After acquiring land for
the Park, the Secretary shall—
(1) revise the boundary of the Park to include
newly-acquired land within the boundary; and
(2) administer newly-acquired land subject to
applicable laws (including regulations).
(c) BOUNDARY SURVEY.—Not later than 5 years
after the date of enactment of this Act, the Secretary shall
complete an official boundary survey of the Park.
(d) HUNTING ON PRIVATELY OWNED LANDS.—
(1) IN GENERAL.—The Secretary may permit
hunting on privately owned land added to the Park
under this Act, subject to limitations, conditions, or
regulations that may be prescribed by the Secretary.
(2) TERMINATION
OF
AUTHORITY.—On the
date that the Secretary acquires fee ownership of
any privately owned land added to the Park under
this Act, the authority under paragraph (1) shall
terminate with respect to the privately owned land
acquired.
SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNI-
SON WILDERNESS.
(a) EXPANSION
OF BLACK CANYON.—The Black
Canyon of the Gunnison Wilderness, as established by
subsection (b) of the first section of Public Law 94–567
(90 Stat. 2692), is expanded to include the parcel of land
depicted on the Map as ‘‘Tract A’’ and consisting of ap-
proximately 4,460 acres.
(b) ADMINISTRATION.—The Black Canyon of the
Gunnison Wilderness shall be administered as a compo-
nent of the Park.
SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NA-
TIONAL CONSERVATION AREA.
(a) IN GENERAL.—There is established the Gunnison
Gorge National Conservation Area, consisting of approxi-
mately 57,725 acres as generally depicted on the Map.
(b) MANAGEMENT OF CONSERVATION AREA.—The
Secretary, acting through the Director of the Bureau of
Land Management, shall manage the Conservation Area
to protect the resources of the Conservation Area in ac-
cordance with—
(1) this Act;
(2) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(3) other applicable provisions of law.
(c) WITHDRAWAL OF LAND.—Subject to valid rights
in existence on the date of enactment of this Act, all Fed-
eral land and interests within the Conservation Area ac-
quired by the United States are withdrawn from—
(1) all forms of entry, appropriation, or disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral leasing and geo-
thermal leasing laws.
(d) PERMITTED USES.—
(1) IN GENERAL.—The Secretary shall permit
hunting, trapping, and fishing within the Conserva-
tion Area in accordance with applicable laws (includ-
ing regulations) of the United States and the State
of Colorado.
(2) EXCEPTION.—The Secretary, after con-
sultation with the Colorado Division of Wildlife, may
issue regulations designating zones where and estab-
lishing periods when no hunting or trapping shall be
permitted for reasons concerning—
(A) public safety;
(B) administration; or
(C) public use and enjoyment.
(e) USE OF MOTORIZED VEHICLES.—In addition to
the use of motorized vehicles on established roadways, the
use of motorized vehicles in the Conservation Area shall
be allowed—
(1) to the extent the use is compatible with off-
highway vehicle designations as described in the
management plan in effect on the date of enactment
of this Act; or
(2) to the extent the use is practicable under a
management plan prepared under this Act.
(f) CONSERVATION AREA MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 4 years after
the date of enactment of this Act, the Secretary
shall—
(A) develop a comprehensive plan for the
long-range protection and management of the
Conservation Area; and
(B) transmit the plan to—
(i) the Committee on Energy and
Natural Resources of the Senate; and
(ii) the Committee on Resources of
the House of Representatives.
(2) CONTENTS OF PLAN.—The plan—
(A) shall describe the appropriate uses and
management of the Conservation Area in ac-
cordance with this Act;
(B) may incorporate appropriate decisions
contained in any management or activity plan
for the area completed prior to the date of en-
actment of this Act;
(C) may incorporate appropriate wildlife
habitat management plans or other plans pre-
pared for the land within or adjacent to the
Conservation Area prior to the date of enact-
ment of this Act;
(D) shall be prepared in close consultation
with appropriate Federal, State, county, and
local agencies; and
(E) shall use information developed prior
to the date of enactment of this Act in studies
of the land within or adjacent to the Conserva-
tion Area.
(g) BOUNDARY
REVISIONS.—The Secretary may
make revisions to the boundary of the Conservation Area
following acquisition of land necessary to accomplish the
purposes for which the Conservation Area was designated.
SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CON-
SERVATION AREA.
(a) GUNNISON GORGE WILDERNESS.—
(1) IN
GENERAL.—Within the Conservation
Area, there is designated as wilderness, and as a
component of the National Wilderness Preservation
System, the Gunnison Gorge Wilderness, consisting
of approximately 17,700 acres, as generally depicted
on the Map.
(2) ADMINISTRATION.—
(A) WILDERNESS
STUDY
AREA
EXEMP-
TION.—The approximately 300-acre portion of
the wilderness study area depicted on the Map
for release from section 603 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1782) shall not be subject to section
603(c) of that Act.
(B) INCORPORATION INTO NATIONAL CON-
SERVATION AREA.—The portion of the wilder-
ness study area described in subparagraph (A)
shall be incorporated into the Conservation
Area.
(b) ADMINISTRATION.—Subject to valid rights in ex-
istence on the date of enactment of this Act, the wilder-
ness areas designated under this Act shall be administered
by the Secretary in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.).
(c) STATE RESPONSIBILITY.—As provided in section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this Act or in the Wilderness Act shall affect
the jurisdiction or responsibilities of the State of Colorado
with respect to wildlife and fish on the public land located
in that State.
SEC. 9. WITHDRAWAL.
The land identified as tract B on the Map, consisting
of approximately 1,554 acres, is withdrawn—
(1) from all forms of entry, appropriation, or
disposal under the public land laws;
(2) from location, entry, and patent under the
mining laws; and
(3) from operation of the mineral leasing and
geothermal leasing laws.
SEC. 10. WATER RIGHTS.
(a) EFFECT ON WATER RIGHTS.—Nothing in this
Act shall—
(1) constitute an express or implied reservation
of water for any purpose; or
(2) affect any water rights in existence prior to
the date of enactment of this Act, including any
water rights held by the United States.
(b) ADDITIONAL WATER RIGHTS.—Any new water
right that the Secretary determines is necessary for the
purposes of this Act shall be established in accordance
with the procedural and substantive requirements of the
laws of the State of Colorado.
SEC. 11. STUDY OF LANDS WITHIN AND ADJACENT TO
CURECANTI NATIONAL RECREATION AREA.
(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary, acting
through the Director of the National Park Service, shall
conduct a study concerning land protection and open space
within and adjacent to the area administered as the
Curecanti National Recreation Area.
(b) PURPOSE OF STUDY.—The study required to be
completed under subsection (a) shall—
(1) assess the natural, cultural, recreational
and scenic resource value and character of the land
within and surrounding the Curecanti National
Recreation Area (including open vistas, wildlife habi-
tat, and other public benefits);
(2) identify practicable alternatives that protect
the resource value and character of the land within
and surrounding the Curecanti National Recreation
Area;
(3) recommend a variety of economically fea-
sible and viable tools to achieve the purposes de-
scribed in paragraphs (1) and (2); and
(4) estimate the costs of implementing the ap-
proaches recommended by the study.
(c) SUBMISSION OF REPORT.—Not later than 3 years
from the date of enactment of this Act, the Secretary shall
submit a report to Congress that—
(1) contains the findings of the study required
by subsection (a);
(2) makes recommendations to Congress with
respect to the findings of the study required by sub-
section (a); and
(3) makes recommendations to Congress re-
garding action that may be taken with respect to the
land described in the report.
(d) ACQUISITION OF ADDITIONAL LAND AND INTER-
ESTS IN LAND.—
(1) IN GENERAL.—Prior to the completion of
the study required by subsection (a), the Secretary
may acquire certain private land or interests in land
as depicted on the Map entitled ‘‘Proposed Additions
to the Curecanti National Recreation Area,’’ dated
09/15/98, totaling approximately 1,065 acres and
entitled ‘‘Hall and Fitti properties’’.
(2) METHOD OF ACQUISITION.—
(A) IN GENERAL.—Land or an interest in
land under paragraph (1) may be acquired by—
(i) donation;
(ii) purchase with donated or appro-
priated funds; or
(iii) exchange.
(B) CONSENT.—No land or interest in
land may be acquired without the consent of
the owner of the land.
(C) BOUNDARY REVISIONS FOLLOWING AC-
QUISITION.—Following the acquisition of land
under paragraph (1), the Secretary shall—
(i) 
revise 
the 
boundary 
of 
the
Curecanti National Recreation Area to in-
clude newly-acquired land; and
(ii) administer newly-acquired land ac-
cording to applicable laws (including regu-
lations).
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
Æ