Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999
PL 106-76 (S.323), enacted 10/21/1999

113 STAT. 1126 
PUBLIC LAW 106-76—OCT. 21, 1999 
Public Law 106-76 
106th Congress 
An Act 
Oct. 21. 1999 
[S. 3231 
Black Canyon of 
the Gunnison 
National Park 
and Gunnison 
Gorge National 
Conservation 
Area Act of 1999. 
Colorado. 
16 u s e 410fff 
note. 
16 u s e 410fff. 
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. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Black Canyon of the Gunnison 
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 of the Gunnison and adjacent upland 
include a variety of unique ecological, geological, scenic, histor-
ical, and wildlife components enhanced by the serenity and 
rural western setting of the area; 
(3) the Black Canyon of the Gunnison and adjacent land 
provide extensive opportunities for educational and recreational 
activities, and are publicly used for hiking, camping, and 
fishing, and for wilderness value, including 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 recreational resources; 
(5) public land adjacent to the Black Canyon of the Gunni-
son National Monument contributes to the protection of the 
wildlife, viewshed, and scenic qualities of the Black Canyon; 
(6) some private land adjacent to the Black Canyon of 
the Gunnison National Monument has exceptional natural and 
scenic value that would be threatened by fiiture development 
pressures; 
(7) the benefits of designating public and private 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 Gunni-
son Gorge is— 
(A) recognized for offering exceptional multiple use 
opportunities; 
PUBLIC LAW 106-76—OCT. 21, 1999 
113 STAT., 1127 
(B) recognized for offering natural, cultural, scenic, 
wilderness, and recreational resources; and 
(C) worthy of additional protection as a national con-
servation 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 "Conservation Area" 
means the Gunnison Gorge National Conservation Area, con-
sisting of approximately 57,725 acres surrounding the Gunnison 
Gorge as depicted on the Map. 
(2) MAP.—^The term "Map" means the map entitled "Black 
Canyon of the Gunnison National Park and Gunnison Gorge 
NCA—1/22/99". The map shall be on file and available for 
public inspection in the offices of the Department of the Interior. 
(3) PARK.—The term "Park" means the Black Canyon of 
the Gunnison 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 OF THE 
GUNNISON 
NATIONAL PARK. 
(a) ESTABLISHMENT.—^There is hereby established the Black 
Canyon of the Gunnison National Park in the State of Colorado 
as generally depicted on the map identified in section 3. The Black 
Canyon of the Gunnison National Monument is hereby abolished 
as such, the lands and interests therein are incorporated within 
and made part of the new Black Canyon of the Gunnison National 
Park, and any funds available for purposes of the monument shall 
be available for purposes of the park. 
(b) ADMINISTRATION.—^Upon enactment of this title, the Sec-
retary shall transfer the lands under the jurisdiction of the Bureau 
of Land Management which are identified on the map for inclusion 
in the park to the administrative jurisdiction of the National Park 
Service. The Secretary shall administer the park in accordance 
with this Act and laws generally applicable to units of the National 
Park System, including the Act entitled "An Act to establish a 
National Park Service, and for other purposes", approved August 
25, 1916 (16 U.S.C. 1, 2-4), and 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.). 
(c) MAPS AND LEGAL DESCRIPTION.—^As soon as practicable after 
the date of the enactment of this Act, the Secretary shall file 
maps and a legal description of the park with the Committee 
on Energy and Natural Resources of the United States Senate 
and the Committee on Resources of the United States House of 
Representatives. Such maps 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 such 
legal description and maps. The maps and legal description shall 
be on file and available for public inspection in the appropriate 
offices of the National Park Service. 
(d) WITHDRAWAL.—Subject to valid existing rights, all Federal 
lands within the park are hereby withdrawn from all forms of 
entry, appropriation, or disposal under the public land laws; from 
16 use 410fff-l. 
16 use 410ffr-2. 
113 STAT. 1128 
PUBLIC LAW 106-76—OCT. 21, 1999 
location, entry, and patent under the mining laws; and from disposi-
tion under all laws relating to mineral and geothermal leasing, 
and all amendments thereto. 
(e) GRAZING.—(1)(A) Consistent with the requirements of this 
subsection, including the limitation in paragraph (3), the Secretary 
shall allow the grazing of livestock within the park to continue 
where authorized under permits or leases in existence as of the 
date of the enactment of this Act. Grazing shall be at no more 
than the current level, and subject to applicable laws and National 
Park Service regulations. 
(B) Nothing in this subsection shall be construed as extending 
grazing privileges for any party or their assignee in any area 
of the park where, prior to the date of the enactment of this 
Act, such use was scheduled to expire according to the terms of 
a settlement by the United States Claims Court affecting property 
incorporated into the boundary of the Black Canyon of the Gunnison 
National Monument. 
(C) Nothing in this subsection shall prohibit the Secretary 
from accepting the voluntary termination of leases or permits for 
grazing within the park. 
(2) Within areas of the park designated as wilderness, the 
grazing of livestock, where authorized under permits in existence 
as of the date of the enactment of this Act, shall be permitted 
to continue subject to such reasonable regulations, policies, and 
practices as the Secretary deems necessary, consistent with this 
Act, the Wilderness Act, and other applicable laws and National 
Park Service regulations. 
(3) With respect to the grazing permits and leases referenced 
in this subsection, the Secretary shall allow grazing to continue, 
subject to periodic renewal— 
(A) with respect to a permit or lease issued to an individual, 
for the lifetime of the individual who was the holder of the 
permit or lease on the date of the enactment of this Act; 
and 
(B) with respect to a permit or lease issued to a partnership, 
corporation, or other legal entity, for a period which shall 
terminate on the same date that the last permit or lease held 
under subparagraph (A) terminates, unless the partnership, 
corporation, or legal entity dissolves or terminates before such 
time, in which case the permit or lease shall terminate with 
the partnership, corporation, or legal entity. 
16 use 410fff-3. 
SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUST-
MENTS. 
(a) ADDITIONAL ACQUISITIONS.— 
(1) IN GENERAL.—The Secretary may acquire land or 
interests in land depicted on the Map as proposed 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 appropriated funds; 
or 
(iv) exchange. 
(B) CONSENT.—^No land or interest in land may be 
acquired without the consent of the owner of the land. 
PUBLIC LAW 106-76—OCT. 21, 1999 
113 STAT. 1129 
(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.—As soon as practicable and subject 
to the availability of funds 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 para-
graph (1) shall terminate with respect to the privately owned 
land acquired. 
SEC. 
6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON 
WILDERNESS. 
(a) EXPANSION OF BLACK CANYON OF THE GUNNISON WILDER-
NESS.—^The Black Canyon of the Gunnison Wilderness, as estab-
lished 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 approximately 
4,419 acres. 
(b) ADMINISTRATION.—The Black Canyon of the Gunnison 
Wilderness shall be administered as a component of the Park. 
SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CON-
SERVATION AREA 
(a) IN GENERAL.—There is established the Gunnison Gorge 
National Conservation Area, consisting of approximately 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 accordance 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.—Subject to valid existing rights, all Federal 
lands within the Conservation Area are hereby withdrawn from 
all forms of entry, appropriation or disposal under the public land 
laws; from location, entry, and patent under the mining laws; 
and from disposition under all laws relating to mineral and geo-
thermal leasing, and all amendments thereto. 
(d) HUNTING, TRAPPING, AND FISHING.— 
(1) IN GENERAL.—The Secretary shall permit hunting, trap-
ping, and fishing within the Conservation Area in accordance 
with applicable laws (including regulations) of the United 
States and the State of Colorado. 
(2) EXCEPTION.—^The Secretary, after consultation with the 
Colorado Division of Wildlife, may issue regulations designating 
16 use 410fir-4, 
1132 note. 
16 u s e 410fff-5. 
113 STAT. 1130 
PUBLIC LAW 106-76—OCT. 21, 1999 
zones where and establishing periods when no hunting or trap-
ping 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 to the extent 
the use is compatible with off-highway vehicle designations as 
described in the management plan in effect on the date of the 
enactment of this Act. 
(f) CONSERVATION AREA MANAGEMENT PLAN.— 
Deadline. 
(1) IN GENERAL.—^Not later than 4 years after the date 
of the 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 manage-
ment of the Conservation Area in accordance with this 
Act; 
(B) may incorporate appropriate decisions contained 
in any management or activity plan for the area completed 
prior to the date of the enactment of this Act; 
(C) may incorporate 
appropriate 
wildlife 
habitat 
management plans or other plans prepared for the land 
within or adjacent to the Conservation Area prior to the 
date of the enactment of this Act; 
(D) shall be prepared in close consultation with appro-
priate Federal, State, county, and local agencies; and 
(E) may use information developed prior to the date 
of the enactment of this Act in studies of the land within 
or adjacent to the Conservation 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 Con-
servation Area was designated. 
16 use 410fir-6, 
SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION 
1132 note. 
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 Wilder-
ness, consisting of approximately 17,700 acres, as generally 
depicted on the Map. 
(2) ADMINISTRATION.— 
(A) 
WILDERNESS 
STUDY 
AREA 
EXEMPTION.—^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. 
PUBLIC LAW 106~76-—OCT. 21, 1999 
113 STAT. 1131 
(B) 
INCORPORATION 
INTO 
NATIONAL 
CONSERVATION 
AREA.—The portion of the wilderness study area described 
in subparagraph (A) shall be incorporated into the Con-
servation Area. 
(b) ADMINISTRATION.—Subject to valid rights in existence on 
the date of the enactment of this Act, the wilderness areas des-
ignated under this Act shall be administered by the Secretary 
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
except that any reference in such provisions to the effective date 
of the Wilderness Act shall be deemed to be a reference to the 
effective date of this Act and any reference to the Secretary of 
Agriculture shall be deemed to be a reference to the Secretary 
of the Interior. 
(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. 
(d) MAPS AND LEGAL DESCRIPTIONS.—As soon as practicable 
after the date of the enactment of this section, the Secretary of 
the Interior shall file a map and a legal description of the Gunnison 
Gorge Wilderness with the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on 
Resources of the United States House of Representatives. This 
map and description shall have the same force and effect as if 
included in this Act. The Secretary of the Interior may correct 
clerical and typographical errors in the map and legal description. 
The map and legal description shall be on file and available in 
the office of the Director of the Bureau of Land Management (BLM). 
SEC. 9. WITHDRAWAL. 
16 USC 410f!r-7. 
Subject to valid existing rights, the Federal lands identified 
on the Map as "BLM Withdrawal (Tract B)" (comprising approxi-
mately 1,154 acres) are hereby withdrawn from all forms of entry, 
appropriation or disposal under the public land laws; from location, 
entry, and patent under the mining laws; and from disposition 
under all laws relating to mineral and geothermal leasing, and 
all amendments thereto. 
SEC. 10. WATER RIGHTS. 
16 USC 410fff-8. 
(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 the 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 
16 USC 410111-9. 
NATIONAL RECREATION AREA. 
(a) IN GENERAL.—Not later than 3 years after the date of Deadline, 
the 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. 
113 STAT. 1132 
PUBLIC LAW 106-76—OCT. 21, 1999 
(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 sur-
rounding the Curecanti National Recreation Area (including 
open vistas, wildlife habitat, and other public benefits); 
(2) identify 
practicable alternatives that 
protect 
the 
resource value and character of the land within and sur-
rounding the Curecanti National Recreation Area; 
(3) recommend a variety of economically feasible and viable 
tools to achieve the purposes described in paragraphs (1) and 
(2); and 
(4) estimate the costs of implementing the approaches rec-
ommended by the study. 
Deadline. 
(c) SUBMISSION OF REPORT.—Not later than 3 years from the 
date of the 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 subsection (a); and 
(3) makes recommendations to Congress regarding action 
that may be taken with respect to the land described in the 
report. 
(d) 
ACQUISITION OF ADDITIONAL LAND AND INTERESTS 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 01/25/99, 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 appropriated 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 ACQUISITION.— 
Following the acquisition of land under paragraph (1), the 
Secretary shall— 
(i) revise the boundary of the Curecanti National 
Recreation Area to include newly-acquired land; and 
(ii) administer newly-acquired land according to 
applicable laws (including regulations). 
PUBLIC LAW 106-76—OCT. 21, 1999 
113 STAT. 1133 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 
r^ 
, 
. 
, 
, 
. . 
, 
, 
410fff-l(). 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Approved October 21, 1999. 
LEGISLATIVE HISTORY—S. 323: 
HOUSE REPORTS: No. 106-307 (Comm. on Resources). 
SENATE REPORTS: No. 106-69 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
July 1, considered and passed Senate. 
Sept. 27, considered and passed House, amended. 
Oct. 1, Senate conciured in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Oct. 21, Presidential statement. 
o