Rio Grande Natural Area Act
PL 109-337 (S.56), enacted 10/12/2006

120 STAT. 1777
PUBLIC LAW 109–337—OCT. 12, 2006
Public Law 109–337
109th Congress
An Act
To establish the Rio Grande Natural Area in the State of Colorado, 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 ‘‘Rio Grande Natural Area Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) COMMISSION.—The term ‘‘Commission’’ means the Rio
Grande Natural Area Commission established by section 4(a).
(2) NATURAL AREA.—The term ‘‘Natural Area’’ means the
Rio Grande Natural Area established by section 3(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA.
(a) IN GENERAL.—There is established the Rio Grande Natural
Area in the State of Colorado to conserve, restore, and protect
the natural, historic, cultural, scientific, scenic, wildlife, and rec-
reational resources of the Natural Area.
(b) BOUNDARIES.—The Natural Area shall include the Rio
Grande River from the southern boundary of the Alamosa National
Wildlife Refuge to the New Mexico State border, extending 1⁄4
mile on either side of the bank of the River.
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN
GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall prepare a map
and legal description of the Natural Area.
(2) EFFECT.—The map and legal description of the Natural
Area shall have the same force and effect as if included in
this Act, except that the Secretary may correct any minor
errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
of the Natural Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
SEC. 4. ESTABLISHMENT OF THE COMMISSION.
(a) ESTABLISHMENT.—There is established the Rio Grande Nat-
ural Area Commission.
(b) PURPOSE.—The Commission shall—
(1) advise the Secretary with respect to the Natural Area;
and
16 USC 460rrr–2.
16 USC 460rrr–1.
16 USC 460rrr.
16 USC 460rrr
note.
Rio Grande
Natural Area
Act.
Oct. 12, 2006
[S. 56]
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120 STAT. 1778
PUBLIC LAW 109–337—OCT. 12, 2006
(2) prepare a management plan relating to non-Federal
land in the Natural Area under section 6(b)(2)(A).
(c) MEMBERSHIP.—The Commission shall be composed of 9
members appointed by the Secretary, of whom—
(1) 1 member shall represent the Colorado State Director
of the Bureau of Land Management;
(2) 1 member shall be the manager of the Alamosa National
Wildlife Refuge, ex officio;
(3) 3 members shall be appointed based on the rec-
ommendation of the Governor of Colorado, of whom—
(A) 1 member shall represent the Colorado Division
of Wildlife;
(B) 1 member shall represent the Colorado Division
of Water Resources; and
(C) 1 member shall represent the Rio Grande Water
Conservation District; and
(4) 4 members shall—
(A) represent the general public;
(B) be citizens of the local region in which the Natural
Area is established; and
(C) have knowledge and experience in the fields of
interest relating to the preservation, restoration, and use
of the Natural Area.
(d) TERMS OF OFFICE.—
(1) IN GENERAL.—Except for the manager of the Alamosa
National Wildlife Refuge, the term of office of a member of
the Commission shall be 5 years.
(2) REAPPOINTMENT.—A member may be reappointed to
the Commission on completion of the term of office of the
member.
(e) COMPENSATION.—A member of the Commission shall serve
without compensation for service on the Commission.
(f) CHAIRPERSON.—The Commission shall elect a chairperson
of the Commission.
(g) MEETINGS.—
(1) IN GENERAL.—The Commission shall meet at least quar-
terly at the call of the chairperson.
(2) PUBLIC MEETINGS.—A meeting of the Commission shall
be open to the public.
(3) NOTICE.—Notice of any meeting of the Commission
shall be published in advance of the meeting.
(h) TECHNICAL ASSISTANCE.—The Secretary and the heads of
other Federal agencies shall, to the maximum extent practicable,
provide any information and technical services requested by the
Commission to assist in carrying out the duties of the Commission.
SEC. 5. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
this Act.
(b) COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—For purposes of carrying out the manage-
ment plan on non-Federal land in the Natural Area, the
Commission may enter into a cooperative agreement with the
State of Colorado, a political subdivision of the State, or any
person.
16 USC 460rrr–3.
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120 STAT. 1779
PUBLIC LAW 109–337—OCT. 12, 2006
(2) REQUIREMENTS.—A cooperative agreement entered into
under paragraph (1) shall establish procedures for providing
notice to the Commission of any action proposed by the State
of Colorado, a political subdivision of the State, or any person
that may affect the implementation of the management plan
on non-Federal land in the Natural Area.
(3) EFFECT.—A cooperative agreement entered into under
paragraph (1) shall not enlarge or diminish any right or duty
of a Federal agency under Federal law.
(c) PROHIBITION
OF ACQUISITION
OF REAL PROPERTY.—The
Commission may not acquire any real property or interest in real
property.
(d) IMPLEMENTATION OF MANAGEMENT PLAN.—
(1) IN GENERAL.—The Commission shall assist the Sec-
retary in implementing the management plan by carrying out
the activities described in paragraph (2) to preserve and inter-
pret the natural, historic, cultural, scientific, scenic, wildlife,
and recreational resources of the Natural Area.
(2) 
AUTHORIZED
ACTIVITIES.—In 
assisting 
with 
the
implementation of the management plan under paragraph (1),
the Commission may—
(A) assist the State of Colorado in preserving State
land and wildlife within the Natural Area;
(B) assist the State of Colorado and political subdivi-
sions of the State in increasing public awareness of, and
appreciation for, the natural, historic, scientific, scenic,
wildlife, and recreational resources in the Natural Area;
(C) encourage political subdivisions of the State of Colo-
rado to adopt and implement land use policies that are
consistent with—
(i) the management of the Natural Area; and
(ii) the management plan; and
(D) encourage and assist private landowners in the
Natural Area in the implementation of the management
plan.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 4 years after the date of
enactment of this Act, the Secretary and the Commission, in
coordination with appropriate agencies in the State of Colorado,
political subdivisions of the State, and private landowners in the
Natural Area, shall prepare management plans for the Natural
Area as provided in subsection (b).
(b) DUTIES OF SECRETARY AND COMMISSION.—
(1) SECRETARY.—The Secretary shall prepare a manage-
ment plan relating to the management of Federal land in
the Natural Area.
(2) COMMISSION.—
(A) IN
GENERAL.—The Commission shall prepare a
management plan relating to the management of the non-
Federal land in the Natural Area.
(B) APPROVAL OR DISAPPROVAL.—
(i) IN GENERAL.—The Commission shall submit to
the Secretary the management plan prepared under
subparagraph (A) for approval or disapproval.
Deadline.
16 USC 460rrr–4.
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120 STAT. 1780
PUBLIC LAW 109–337—OCT. 12, 2006
(ii) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves the management plan submitted
under clause (i), the Secretary shall—
(I) notify the Commission of the reasons for
the disapproval; and
(II) allow the Commission to submit to the
Secretary revisions to the management plan sub-
mitted under clause (i).
(3) COOPERATION.—The Secretary and the Commission
shall cooperate to ensure that the management plans relating
to the management of Federal land and non-Federal land are
consistent.
(c) REQUIREMENTS.—The management plans shall—
(1) take into consideration Federal, State, and local plans
in existence on the date of enactment of this Act to present
a unified preservation, restoration, and conservation plan for
the Natural Area;
(2) with respect to Federal land in the Natural Area—
(A) be developed in accordance with section 202 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712);
(B) be consistent, to the maximum extent practicable,
with the management plans adopted by the Director of
the Bureau of Land Management for land adjacent to the
Natural Area; and
(C) be considered to be an amendment to the San
Luis Resource Management Plan of the Bureau of Land
Management; and
(3) include—
(A) an inventory of the resources contained in the
Natural Area (including a list of property in the Natural
Area that should be preserved, restored, managed, devel-
oped, maintained, or acquired to further the purposes of
the Natural Area); and
(B) a recommendation of policies for resource manage-
ment, including the use of intergovernmental cooperative
agreements, that—
(i) protect the resources of the Natural Area; and
(ii) provide for solitude, quiet use, and pristine
natural values of the Natural Area.
(d) PUBLICATION.—The Secretary shall publish notice of the
management plans in the Federal Register.
SEC. 7. ADMINISTRATION OF NATURAL AREA.
(a) IN GENERAL.—The Secretary shall administer the Federal
land in the Natural Area—
(1) in accordance with—
(A) the laws (including regulations) applicable to public
land; and
(B) the management plan; and
(2) in a manner that provides for—
(A) the conservation, restoration, and protection of the
natural, historic, scientific, scenic, wildlife, and recreational
resources of the Natural Area;
(B) the continued use of the Natural Area for purposes
of education, scientific study, and limited public recreation
16 USC 460rrr–5.
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120 STAT. 1781
PUBLIC LAW 109–337—OCT. 12, 2006
in a manner that does not substantially impair the pur-
poses for which the Natural Area is established;
(C) the protection of the wildlife habitat of the Natural
Area;
(D) a prohibition on the construction of water storage
facilities in the Natural Area; and
(E) the reduction in the use of or removal of roads
in the Natural Area and, to the maximum extent prac-
ticable, the reduction in or prohibition against the use
of motorized vehicles in the Natural Area (including the
removal of roads and a prohibition against motorized use
on Federal land in the area on the western side of the
Rio Grande River from Lobatos Bridge south to the New
Mexico State line).
(b) CHANGES IN STREAMFLOW.—The Secretary is encouraged
to negotiate with the State of Colorado, the Rio Grande Water
Conservation District, and affected water users in the State to
determine if changes in the streamflow that are beneficial to the
Natural Area may be accommodated.
(c) PRIVATE LAND.—The management plan prepared under sec-
tion 6(b)(2)(A) shall apply to private land in the Natural Area
only to the extent that the private landowner agrees in writing
to be bound by the management plan.
(d) WITHDRAWAL.—Subject to valid existing rights, all Federal
land in the Natural Area is 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) disposition under the mineral leasing laws (including
geothermal leasing laws).
(e) ACQUISITION OF LAND.—
(1) IN GENERAL.—The Secretary may acquire from willing
sellers by purchase, exchange, or donation land or an interest
in land in the Natural Area.
(2) ADMINISTRATION.—Any land or interest in land acquired
under paragraph (1) shall be administered in accordance with
the management plan and this Act.
(f) APPLICABLE LAW.—Section 5(d)(1) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(d)(1)) shall not apply to the Natural
Area.
SEC. 8. EFFECT.
Nothing in this Act—
(1) amends, modifies, or is in conflict with the Rio Grande
Compact, consented to by Congress in the Act of May 31,
1939 (53 Stat. 785, ch. 155);
(2) authorizes the regulation of private land in the Natural
Area;
(3) authorizes the imposition of any mandatory streamflow
requirements;
(4) creates an express or implied Federal reserved water
right;
(5) imposes any Federal water quality standard within
or upstream of the Natural Area that is more restrictive than
would be applicable had the Natural Area not been established;
or
16 USC 460rrr–6.
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120 STAT. 1782
PUBLIC LAW 109–337—OCT. 12, 2006
LEGISLATIVE HISTORY—S. 56:
SENATE REPORTS: No. 109–45 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): July 26, considered and passed Senate.
Vol. 152 (2006): Sept. 27, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 13, Presidential statement.
(6) prevents the State of Colorado from acquiring an
instream flow through the Natural Area under the terms, condi-
tions, and limitations of State law to assist in protecting the
natural environment to the extent and for the purposes author-
ized by State law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
SEC. 10. TERMINATION OF COMMISSION.
The Commission shall terminate on the date that is 10 years
after the date of enactment of this Act.
Approved October 12, 2006.
16 USC 460rrr–8.
16 USC 460rrr–7.
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