I 
108TH CONGRESS 
1ST SESSION H. R. 2955
To establish the Rio Grande Outstanding Natural Area in the State of 
Colorado, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2003
Mr. MCINNIS (for himself, Mr. TANCREDO, and Mr. HEFLEY) introduced the 
following bill; which was referred to the Committee on Resources 
A BILL 
To establish the Rio Grande Outstanding Natural Area in 
the State of Colorado, 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 ‘‘Rio Grande Out-
standing Natural Area Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds as follows: 
(1) Preservation and restoration of the land in 
the Area are required to preserve the Area’s unique 
scientific, scenic, educational, and environmental val-
ues, including unique land forms, scenic beauty, cul-
tural sites, and habitats used by various species of 
raptors and other birds, mammals, reptiles, and am-
phibians. 
(2) There are archeological and historic sites in 
the Area resulting from at least 10,000 years of use 
for subsistence and commerce. 
(3) The archeological sites represent regional 
ancestry, including Paleo-Indian and nomadic bands 
of Ute and Apache. 
(4) The Area contains exceptional scenic values 
and opportunities for wildlife viewing. 
(5) Approximately 2,771 acres of land within 
the Area are owned by the United States and admin-
istered by the Secretary, acting through the Director 
of the Bureau of Land Management, and approxi-
mately 7,885 acres of land within the Area are 
owned by private landowners. 
(6) The Area is located downstream from areas 
in Colorado of significant and longstanding water 
development and use. 
(7) The availability of water for use in Colorado 
is governed, in significant part, by the Compact, 
which obligates the State of Colorado to deliver cer-
tain quantities of water to the Colorado-New Mexico
State line for the benefit of the States of New Mex-
ico and Texas in accordance with the terms of the 
Compact. 
(8) Because of the allocations of water made by 
the Compact to downstream States, the levels of use 
and development of water in Colorado, and the un-
predictable and seasonal nature of the water supply, 
the Secretary shall manage the land within the Area 
to accomplish the purposes of this Act without as-
serting reserved water rights for instream flows or 
appropriating or acquiring water rights for that pur-
pose. 
(b) PURPOSES.—The purposes of this Act are to con-
serve, restore, and protect for future generations the nat-
ural, ecological, historic, scenic, recreational, wildlife, and 
environmental resources of the Area. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AREA.—The term ‘‘Area’’ means the Rio 
Grande Outstanding Natural Area established under 
section 4. 
(2) AREA
MANAGEMENT
PLAN.—The term 
‘‘Area Management Plan’’ means the plan developed 
by the Commission in cooperation with Federal,
State, and local agencies and approved by the Sec-
retary. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Rio Grande Outstanding Natural Area 
Commission as established in this Act. 
(4) COMPACT.—The term ‘‘Compact’’ means 
the Rio Grande Compact, consented to by Congress 
in the Act of May 31, 1939 (53 Stat. 785, chapter 
155). 
(5) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘ll’’, dated ll, and numbered ll. 
(6) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
SEC. 4. ESTABLISHMENT OF AREA. 
(a) IN GENERAL.—There is established the Rio 
Grande Outstanding Natural Area. 
(b) BOUNDARIES.—The Area shall consist of approxi-
mately 10,656 acres extending for a distance of 33.3 miles 
along the Rio Grande River in southern Colorado from the
southern boundary of the Alamosa National Wildlife Ref-
uge to the Colorado-New Mexico State line, encompassing 
the Rio Grande River and its adjacent riparian areas ex-
tending not more than 1,320 feet on either side of the 
river. 
(c) MAP AND LEGAL DESCRIPTION.—
(1) LEGAL
DESCRIPTION.—As soon as prac-
ticable after the date of enactment of this Act, the 
Secretary shall file a legal description of the Area in 
the office of the Director of the Bureau of Land 
Management, Department of the Interior, in Wash-
ington, District of Columbia, and the Office of the 
Colorado State Director of the Bureau of Land 
Management. 
(2) FORCE AND EFFECT.—The Map and legal 
description of the Area shall have the same force 
and effect as if they were included in this Act, ex-
cept that the Secretary may correct clerical and ty-
pographical errors in such legal description as they 
may appear from time to time. 
(3) PUBLIC AVAILABILITY.—The Map and legal 
description of the Area shall be available for public 
inspection in the office of the Colorado State Direc-
tor of the Bureau of Land Management, Depart-
ment of the Interior in Denver, Colorado.
SEC. 5. COMMISSION. 
(a) ESTABLISHMENT.—There is hereby established 
the Rio Grande Outstanding Natural Area Commission. 
(b) PURPOSE.—The Commission shall assist appro-
priate Federal, State, and local authorities in the develop-
ment and implementation of an integrated resource man-
agement plan for the Area called the Area Management 
Plan. 
(c) MEMBERSHIP.—The Commission shall be com-
posed of 9 members, designated or appointed not later 
than 6 months after the date of the enactment of this Act 
as follows: 
(1) 2 officials of Department of the Interior 
designated by the Secretary, 1 of whom shall rep-
resent the Federal agency responsible for the man-
agement of the Area and 1 of whom shall be the 
manager of the Alamosa National Wildlife Refuge. 
(2) 2 individuals appointed by the Secretary, 1 
of whom shall be based on the recommendation of 
the State Governor, representing the Colorado Divi-
sion of Wildlife, and 1 representing the Colorado Di-
vision of Water Resources responsible for the Rio 
Grande drainage. 
(3) 1 representative of the Rio Grande Water 
Conservation District appointed by the Secretary 
based on the recommendation of the State Governor,
representing the local region in which the Area is es-
tablished. 
(4) 4 individuals appointed by the Secretary 
based on recommendations of the State Governor, 
representing the general public who are citizens of 
the State and of the local region in which the Area 
is established, who have knowledge and experience in 
the appropriate fields of interest relating to the pres-
ervation and restoration and use of the Area. 2 ap-
pointees from the local area shall represent non-
governmental agricultural interests and 2 appointees 
from the local area shall represent nonprofit non-
governmental environmental interests. 
(d) TERMS.—Members shall be appointed for terms 
of 5 years and may be reappointed. 
(e) COMPENSATION.—Members of the Commission 
shall receive no pay on account of their service on the 
Commission. 
(f) CHAIRPERSON.—The chairperson of the Commis-
sion shall be elected by the members of the Commission. 
(g) MEETINGS.—The Commission shall hold its first 
meeting not later than 90 days after the date on which 
the last of its initial members is appointed, and shall meet 
at least quarterly at the call of the chairperson.
SEC. 6. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Commission 
considers appropriate. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission, if so authorized by the 
Commission, may take any action which the Commission 
is authorized to take by this Act. 
(c) ACQUISITION OF REAL PROPERTY.—Except as 
provided in section 12, the Commission may not acquire 
any real property or interest in real property. 
(d) COOPERATIVE AGREEMENTS.—For purposes of 
carrying out the Area Management Plan, the Commission 
may enter into cooperative agreements with the State, 
with any political subdivision of the State, or with any per-
son. Any such cooperative agreement shall, at a minimum, 
establish procedures for providing notice to the Commis-
sion of any action proposed by the State, a political sub-
division, or a person which may affect the implementation 
of the Area Management Plan. 
SEC. 7. DUTIES OF THE COMMISSION. 
(a) PREPARATION OF PLAN.—Not later than 2 years 
after the Commission conducts its first meeting, it shall 
submit to the Secretary an Area Management Plan. The 
Area Management Plan shall be—
(1) based on existing Federal, State, and local 
plans, but shall coordinate those plans and present 
a unified preservation, restoration, and conservation 
plan for the Area; 
(2) developed in accordance with the provisions 
of section 202 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1712); and 
(3) consistent, to the extent possible, with the 
management plans adopted by the Director of the 
Bureau of Land Management for adjacent properties 
in Colorado and New Mexico. 
(b) CONTENTS.—The Area Management Plan shall 
include the following: 
(1) An inventory which includes any property in 
the Area which should be preserved, restored, man-
aged, developed, maintained, or acquired because of 
its natural, scientific, scenic, or environmental sig-
nificance. 
(2) Recommended policies for resource manage-
ment which consider and detail the application of 
appropriate land and water management techniques, 
including the development of intergovernmental co-
operative agreements, that will protect the Area’s 
natural, scenic, and wildlife resources and environ-
ment.
(3) Recommended policies for resource manage-
ment to provide for protection of the Area for soli-
tude, quiet use, and pristine natural values. 
(c) IMPLEMENTATION
OF
THE PLAN.—Upon ap-
proval of the Area Management Plan by the Secretary, 
as provided in section 9, the Commission shall assist the 
Secretary in implementing the Area Management Plan by 
taking appropriate steps to preserve and interpret the nat-
ural resources of the Area and its surrounding area. These 
steps may include the following: 
(1) Assisting the State in preserving the Area. 
(2) Assisting the State and local governments, 
and political subdivisions of the State in increasing 
public awareness of and appreciation for the natural, 
historical, and wildlife resources in the Area. 
(3) Encouraging local governments and political 
subdivisions of the State to adopt land use policies 
consistent with the management of the Area and the 
goals of the Area Management Plan, and to take ac-
tions to implement those policies. 
(4) Encouraging and assisting private land-
owners within the Area in understanding and accept-
ing the provisions of the Area Management Plan and 
cooperating in its implementation.
SEC. 8. TERMINATION OF THE COMMISSION. 
(a) TERMINATION.—Except as provided in subsection 
(b), the Commission shall terminate 10 years and 6 
months after the date of the enactment of this Act. 
(b) EXTENSIONS.—The Commission may be extended 
for a period of not more than 5 years beginning on the 
day of termination specified in subsection (a) if, not later 
than 180 days before that day, the Commission—
(1) determines that such an extension is nec-
essary in order to carry out the purpose of this Act; 
and 
(2) submits such proposed extension to the 
Committee on Resources of the House of Represent-
atives and the Committee on Energy and Natural 
Resources of the Senate. 
SEC. 9. ADMINISTRATION BY SECRETARY. 
(a) PLAN APPROVAL; PUBLICATION.—Not later than 
60 days after the Secretary receives a proposed manage-
ment plan from the Commission, the Secretary, with the 
assistance of the Commission, shall initiate the environ-
mental compliance activities which the Secretary deter-
mines to be appropriate in order to allow the review of 
the proposed plan and any alternatives thereto and to 
allow public participation in the environmental compliance 
activities. Thereafter, the Secretary shall approve an Area 
Management Plan for the Area consistent with the Com-
mission’s proposed plan to the extent possible, that re-
flects the results of the environmental compliance activi-
ties undertaken. Not later than 18 months after the Sec-
retary receives the proposed management plan, the Sec-
retary shall publish the Area Management Plan in the 
Federal Register. 
(b) ADMINISTRATION.—The Secretary shall admin-
ister the lands owned by the United States within the Area 
in accordance with the laws and regulations applicable to 
public lands and the Area Management Plan in such a 
manner as shall provide for the following: 
(1) The conservation, restoration, and protec-
tion of the Area’s unique scientific, scenic, edu-
cational, recreational, and wildlife values. 
(2) The continued use of the Area for purposes 
of education, scientific study, and limited public 
recreation in a manner that does not substantially 
impair the purposes for which the Area is estab-
lished. 
(3) The protection of the wildlife habitat of the 
Area. 
(4) The elimination of opportunities to con-
struct water storage facilities within the Area.
(5) The reduction or elimination of roads and 
motorized vehicles from the public lands to the 
greatest extent possible within the Area. 
(6) The elimination of roads and motorized use 
on the public lands within the area on the western 
side of the river from Lobatos Bridge south to the 
State line. 
(c) NO RESERVATION OF WATER RIGHTS.—Public 
lands affected by this Act shall not be subject to reserved 
water rights for any Federal purpose. 
(d) CHANGES IN STREAMFLOW REGIME.—To the ex-
tent that changes to the streamflow regime beneficial to 
the Area can be accommodated through negotiation with 
the State of Colorado, the Rio Grande Water Conservation 
District, and water users within Colorado, such changes 
should be encouraged, but may not be imposed as a re-
quirement. 
(e) PRIVATE LANDS.—Private lands within the Area 
will be affected by the designation and management of the 
Area only to the extent that the private landowner agrees 
in writing to be bound by the Area Management Plan. 
SEC. 10. MANAGEMENT. 
(a) AREA MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall imple-
ment the Area Management Plan for all of the land
within the Area that accomplishes the purposes of 
and is consistent with the provisions of this Act. 
(2) NON-FEDERAL LAND.—The Area Manage-
ment Plan shall apply to all land within the Area 
owned by the United States and may be made to 
apply to non-Federal land within the Area only when 
written acceptance of the Area Management Plan is 
given by the owners of such land. 
(b) COORDINATION WITH STATE AND LOCAL GOV-
ERNMENTS.—The Area Management Plan shall be devel-
oped and adopted in coordination with the appropriate 
State agencies and local governments in Colorado. 
(c) COOPERATION BY PRIVATE LANDOWNERS.—In 
implementing the Area Management Plan, the Secretary 
shall encourage full public participation and seek the co-
operation of all private landowners within the Area, re-
gardless of whether the landowners are directly or indi-
rectly affected by the Area Management Plan. If accepted 
by private landowners, in writing, the provisions of the 
Area Management Plan may be applied to the individual 
parcels of private land. 
(d) NEW IMPOUNDMENTS.—In managing the Area, 
neither the Secretary nor any other Federal agency or offi-
cer may approve or issue any permit for, or provide any 
assistance for, the construction of any new dam, reservoir,
or impoundment on any segment of the Rio Grande River 
or its tributaries within the exterior boundaries of the 
Area. 
SEC. 11. RESTORATION TO PUBLIC LANDS STATUS. 
(a) EXISTING RESERVATIONS.—All reservations of 
public lands within the Area for Federal purposes that 
have been made by an Act of Congress or Executive order 
prior to the date of enactment of this Act are revoked. 
(b) PUBLIC LANDS.—Subject to subsection (c), pub-
lic lands within the Area that were subject to a reservation 
described in subsection (a)—
(1) are restored to the status of public lands; 
and 
(2) shall be administered in accordance with the 
Area Management Plan. 
(c) WITHDRAWAL.—All public lands within the Area 
are withdrawn from settlement, sale, location, entry, or 
disposal under the laws applicable to public lands, includ-
ing the following: 
(1) Sections 910, 2318 through 2340, and 2343 
through 2346 of the Revised Statutes (commonly 
known as the ‘‘General Mining Law of 1872’’) (30 
U.S.C. 21, 22, 23, 24, 26 through 30, 33 through 
43, 46 through 48, 50 through 53).
(2) The Mining and Minerals Policy Act of 
1970 (30 U.S.C. 21a). 
(3) The Act of April 26, 1882 (22 Stat. 49, 
chapter 106; 30 U.S.C. 25, 31). 
(4) Public Law 85–876 (30 U.S.C. 28–1, 28–
2). 
(5) The Act of June 21, 1949 (63 Stat. 214, 
chapter 232; 30 U.S.C. 28b through 28e, 54). 
(6) The Act of March 3, 1991 (21 Stat. 505, 
chapter 140; 30 U.S.C. 32). 
(7) The Act of May 5, 1876 (19 Stat. 52, chap-
ter 91; 30 U.S.C. 49). 
(8) Sections 15, 16, and 26 of the Act of June 
6, 1990 (31 Stat. 327, 328, 329, chapter 786; 30 
U.S.C. 49a, 49c, 49d). 
(9) Section 2 of the Act of May 4, 1934 (48 
Stat. 1243, chapter 2559; 30 U.S.C. 49e, 49f). 
(10) The Act entitled ‘‘An Act to promote the 
mining of coal, phosphate, oil, oil shale, gas, and so-
dium on the public domain’’, approved February 25, 
1920 (commonly known as the ‘‘Mineral Lands 
Leasing Act of 1920’’; 30 U.S.C. 181 et seq.). 
(11) The Act entitled ‘‘An Act to provide for 
the disposal of materials on public lands of the 
United States’’, approved July 31, 1947 (commonly
known as the ‘‘Materials Act of 1947’’; 30 U.S.C. 
601 et seq.). 
(d) WILD AND SCENIC RIVERS.—No land or water 
within the Area shall be designated as a wild, scenic, or 
recreational river under section 2 of the Wild and Scenic 
Rivers Act (16 U.S.C. 1273). 
SEC. 12. ACQUISITION OF NONFEDERAL LANDS. 
(a) ACQUISITION
OF LANDS
NOT CURRENTLY
IN 
FEDERAL OWNERSHIP.—The Secretary, with the coopera-
tion and assistance of the Commission, may acquire by 
purchase, exchange, or donation all or any part of the land 
and interests in land, including conservation easements, 
within the Area from willing sellers only. 
(b) ADMINISTRATION.—Any lands and interests in 
lands acquired under this section—
(1) shall be administered in accordance with the 
Area Management Plan; 
(2) shall not be subject to reserved water rights 
for any Federal purpose, nor shall the acquisition of 
the land authorize the Secretary or any Federal 
agency to acquire instream flows in the Rio Grande 
River at any place within the Area; 
(3) shall become public lands; and 
(4) shall upon acquisition be immediately with-
drawn as provided in section 11.
SEC. 13. STATE INSTREAM FLOW PROTECTION AUTHOR-
IZED. 
Nothing in this Act shall be construed to prevent the 
State from acquiring an instream flow through the Area 
pursuant to the terms, conditions, and limitations of Colo-
rado law to assist in protecting the natural environment 
to the extent and for the purposes authorized by Colorado 
law. 
SEC. 14. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to—
(1) authorize, expressly or by implication, the 
appropriation or reservation of water by any Federal 
agency, or any other entity or individual other than 
the State of Colorado, for any instream flow purpose 
associated with the Area; 
(2) affect the rights or jurisdiction of the 
United States, a State, or any other entity over wa-
ters of any river or stream or over any ground water 
resource; 
(3) alter, amend, repeal, interpret, modify, or 
be in conflict with the Compact; 
(4) alter or establish the respective rights of 
any State, the United States, or any person with re-
spect to any water or water-related right; 
(5) impede the maintenance of the free-flowing 
nature of the waters in the Area so as to protect—
(A) the ability of the State of Colorado to 
fulfill its obligations under the Compact; or 
(B) the riparian habitat within the Area; 
(6) allow the conditioning of Federal permits, 
permissions, licenses, or approvals to require the by-
pass or release of waters appropriated pursuant to 
State law to protect, enhance, or alter the water 
flows through the Area; 
(7) affect the continuing use and operation, re-
pair, rehabilitation, expansion, or new construction 
of water supply facilities, water and wastewater 
treatment facilities, stormwater facilities, public util-
ities, and common carriers along the Rio Grande 
River and its tributaries upstream of the Area; 
(8) impose any Federal or State water use des-
ignation or water quality standard upon uses of, or 
discharges to, waters of the State or waters of the 
United States, within or upstream of the Area, that 
is more restrictive than those that would be applica-
ble had the Area not been established; or 
(9) modify, alter, or amend title I of the Rec-
lamation Project Authorizing Act of 1972, as 
amended (Public Law 92–514, 86 Stat. 964; Public 
Law 96–375, 94 Stat. 1507; Public Law 98–570, 98 
Stat. 2941; and Public Law 100–516, 100 Stat.
257), or to authorize the Secretary to acquire water 
from other sources for delivery to the Rio Grande 
River pursuant to section 102(c) of such title.
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