[Congressional Record (Bound Edition), Volume 145 (1999), Part 16] [Senate] [Pages 23587-23589] [From the U.S. Government Publishing Office, www.gpo.gov]BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL CONSERVATION AREA ACT OF 1999 Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a message from the House of Representatives on the bill (S. 323) 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. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 323) entitled ``An Act 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'', do pass with the following amendment: Strike out all after the enacting clause and insert: 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, historical, 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 Gunnison 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 future 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 Gunnison Gorge is-- (A) recognized for offering exceptional multiple use opportunities; [[Page 23588]] (B) recognized for offering natural, cultural, scenic, wilderness, and recreational resources; 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 ``Conservation 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 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 Secretary 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 legals 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 location, entry, and patent under the mining laws; and from disposition 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 U.S. 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. SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS. (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. (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 paragraph (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 Wilderness.-- 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 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 CONSERVATION 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 geothermal leasing, and all amendments thereto. (d) Hunting, Trapping and Fishing.-- (1) In general.--The Secretary shall permit hunting, trapping, 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 zones where and establishing 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 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.-- (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 management 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 appropriate Federal, State, county, and local agencies; and (E) may use information developed prior to the date of the enactment of this Act in studies [[Page 23589]] 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 Conservation Area was designated. SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION 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 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. (B) Incorporation into national conservation area.--The portion of the wilderness study area described in subparagraph (A) shall be incorporated into the Conservation Area. (b) Administration.--Subject to valid rights in existence on the date of the enactment of this Act, the wilderness areas designated 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 BLM. SEC. 9. WITHDRAWAL. Subject to valid existing rights, the Federal lands identified on the Map as ``BLM Withdrawal (Tract B)'' (comprising approximately 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. (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 NATIONAL RECREATION AREA. (a) In General.--Not later than 3 years after the date of 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. (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 habitat, 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 feasible and viable tools to achieve the purposes described in paragraphs (1) and (2); and (4) estimate the costs of implementing the approaches recommended by the study. (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). SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Mr. LOTT. Mr. President, I ask unanimous consent that the Senate agree to the amendment of the House. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________