I
106TH CONGRESS
2D SESSION
H. R. 3687
To establish the Canyons of the Ancients National Conservation Area.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish the Canyons of the Ancients National
Conservation Area.
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 ‘‘Canyons of the An-
cients National Conservation Area Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that certain areas lo-
cated in Dolores and Montezuma Counties, Colorado—
(1) contain unique and valuable historical, cul-
tural, scientific, archaeological, natural, and edu-
cational resources; and
(2) should be conserved, protected, and en-
hanced for the benefit and enjoyment of present and
future generations.
(b) PURPOSE.—The purpose of this Act is to estab-
lish the Canyons of the Ancients, Colorado, as a National
Conservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) CONSERVATION
AREA.—The term ‘‘Con-
servation Area’’ means the Canyons of the Ancients
National Conservation Area established by section
4(a).
(2) COUNCIL.—The term ‘‘Council’’ means the
Canyons of the Ancients National Conservation Area
Advisory Council established under section 5(a).
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan developed
for the Conservation Area under section 4(e).
(4) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Canyon of the Ancients National Conserva-
tion Area Proposal’’ and dated January 6, 2000.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management.
SEC. 4. CANYONS OF THE ANCIENTS NATIONAL CONSERVA-
TION AREA.
(a) IN GENERAL.—There is established the Canyons
of the Ancients National Conservation Area in the State
of Colorado.
(b) AREAS INCLUDED.—The Conservation Area shall
consist of approximately 164,000 acres of public land in
Dolores and Montezuma Counties, Colorado, as generally
depicted on the Map.
(c) MAPS AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this Act, the Secretary
shall submit to Congress a map and legal description
of the Conservation Area.
(2) FORCE AND EFFECT.—The map and legal
description shall have the same force and effect as
if included in this Act, except that the Secretary
may correct clerical and typographical errors in the
map and legal description.
(3) PUBLIC AVAILABILITY.—Copies of the map
and legal description shall be on file and available
for public inspection in—
(A) the Office of the Director of the Bu-
reau of Land Management;
(B) the appropriate office of the Bureau of
Land Management in Colorado; and
(C) the offices of the county clerks of Mon-
tezuma and Dolores Counties, Colorado.
(d) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage
the Conservation Area in a manner that—
(A) conserves, protects, and enhances the
resources of the Conservation Area specified in
section 2(a); and
(B) is in accordance with—
(i) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et
seq.); and
(ii) other applicable law, including this
Act.
(2) USES.—The Secretary shall allow only such
uses of the Conservation Area as the Secretary de-
termines will further the purposes for which the
Conservation Area is established.
(3) VEHICULAR ACTIVITY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B) and as needed for adminis-
trative purposes or to respond to an emergency,
use of motorized vehicles or mechanized trans-
port in the Conservation Area shall be per-
mitted only on roads and trails designated for
vehicular use under the management plan.
(B) ACCESS TO LEASES.—Nothing in this
Act prohibits vehicular access to any oil, gas, or
carbon dioxide lease by road or pipeline right-
of-way.
(C) ACCESS
TO
PRIVATE
PROPERTY.—
Nothing in this Act shall be construed to pro-
hibit reasonable access to private property.
(4) WITHDRAWALS.—
(A) IN GENERAL.—Subject to valid exist-
ing rights (including lease rights) and historic
rights of access, and except as provided in sub-
paragraph (B), all Federal land within the Con-
servation Area and all land and interests in
land acquired for the Conservation Area by the
United States are withdrawn from—
(i) all forms of entry, appropriation,
or disposal under the public land laws;
(ii) location, entry, and patent under
the mining laws; and
(iii) disposal under the mineral leas-
ing, mineral materials, and geothermal
leasing laws.
(B) OIL
AND
GAS
LEASING.—Notwith-
standing subparagraph (A), nothing in this Act
prohibits the leasing of oil, gas, or carbon diox-
ide (including resulting operations) within the
Conservation Area under the mineral leasing
laws.
(5) HUNTING AND TRAPPING.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), nothing in this Act affects
hunting and trapping within the Conservation
Area conducted in accordance with applicable
laws (including regulations) of—
(i) the United States; and
(ii) the State of Colorado.
(B) HUNTING
AND
TRAPPING
ZONES.—
The Secretary, after consultation with the Colo-
rado Division of Wildlife, may promulgate regu-
lations designating zones where and estab-
lishing periods when no hunting or trapping
shall be permitted in the Conservation Area for
reasons of—
(i) public safety;
(ii) administration; or
(iii) public use and enjoyment.
(6) GRAZING.—The Secretary shall issue and
administer any grazing leases or permits in the Con-
servation Area in accordance with the same laws (in-
cluding regulations) and executive orders followed by
the Secretary in issuing and administering grazing
leases and permits on other land under the jurisdic-
tion of the Bureau of Land Management.
(e) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 4 years after
the date of enactment of this Act, the Secretary
shall develop a comprehensive plan for the long-
range protection and management of the Conserva-
tion Area.
(2) PURPOSES.—The management plan shall—
(A) describe the appropriate uses and
management of the Conservation Area in ac-
cordance with—
(i) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et
seq.); and
(ii) other applicable law, including this
Act;
(B) incorporate, as appropriate, decisions
contained in any other management or activity
plan for the land within or adjacent to the Con-
servation Area;
(C) take into consideration any informa-
tion developed in studies of the land within or
adjacent to the Conservation Area; and
(D) give appropriate consideration to the
historical involvement of the local community in
the interpretation and protection of the re-
sources of the Conservation Area.
(f) NO BUFFER ZONES.—
(1) IN GENERAL.—There shall be no protective
perimeter or buffer zone around the Conservation
Area.
(2) 
ACTIVITIES
OUTSIDE
CONSERVATION
AREA.—The fact that an activity on land or a use
of land in the Conservation Area is not permitted in-
side the Conservation Area shall not preclude the ac-
tivity on land or use of land outside the boundary
of the Conservation Area (or, in the Conservation
Area, on land that is privately held), consistent with
other applicable law.
(g) ACQUISITION OF LAND.—
(1) IN GENERAL.—The Secretary may acquire
non-federally owned land in the Conservation Area
only—
(A) from a willing seller; and
(B) through purchase, exchange, or dona-
tion.
(2) MODIFICATION OF BOUNDARY.—On acquisi-
tion of land under paragraph (1), the Secretary shall
modify the boundary of the Conservation Area to in-
clude the acquired land.
(3) MANAGEMENT.—Land acquired under para-
graph (1) shall be managed as part of the Conserva-
tion Area in accordance with this Act.
(h) INTERPRETIVE SITES.—The Secretary may es-
tablish sites in the Conservation Area to interpret the his-
torical, cultural, scientific, archaeological, natural, and
educational resources of the Conservation Area.
(i) WATER RIGHTS.—Nothing in this Act constitutes
an express or implied reservation of any water right.
(j) WILDERNESS ACTS.—Nothing in this Act alters
any provision of the Wilderness Act (16 U.S.C. 1131 et
seq.) or the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) that applies to wilder-
ness resources within the Conservation Area.
(k) NATIONAL PARK SERVICE LANDS.—Nothing in
this Act affects the management of land that is within
the Conservation Area and under the jurisdiction of the
National Park Service.
SEC. 5. ADVISORY COUNCIL.
(a) ESTABLISHMENT.—The Secretary shall establish
an advisory council to be known as the ‘‘Canyons of the
Ancients National Conservation Area Advisory Council’’.
(b) DUTY.—The Council shall advise the Secretary
with respect to preparation and implementation of the
management plan.
(c) APPLICABLE LAW.—The Council shall be subject
to—
(1) the Federal Advisory Committee Act (5
U.S.C. App.); and
(2) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(d) MEMBERS.—The Council shall consist of 15
members, to be appointed by the Secretary, as follows:
(1) A member of or nominated by the Dolores
County Commission.
(2) A member of or nominated by the Monte-
zuma County Commission.
(3) A member of or nominated by the Ute
Mountain Ute Indian Tribe.
(4) 12 members residing in, or within reason-
able proximity to, southwestern Colorado with recog-
nized backgrounds reflecting—
(A) the purposes for which the Conserva-
tion Area was established; and