[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5223 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5223
To establish the Chimney Rock National Monument in the State of
Colorado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2010
Mr. Salazar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Chimney Rock National Monument in the State of
Colorado.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be referred to as the ``Chimney Rock
National Monument Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Chimney Rock National Monument.
Sec. 5. Limitations on effect and scope of Act.
Sec. 6. Management and use of National Monument.
Sec. 7. Development of management plan.
Sec. 8. Acquisition of land.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chimney Rock in Southwestern Colorado contains
nationally significant archeological, geologic, biological,
cultural, educational, recreational, visual, and scenic value.
(2) The unique, thousand-year-old Ancestral Puebloan
community located beneath the prominent Chimney Rock Pinnacles,
with its dramatic 360 degree view of the surrounding landscape,
provides an outstanding opportunity to enhance understanding
and appreciation of the prehistory of North America and the
accomplishments of Native American cultures during that period.
(3) The Chimney Rock Ancestral Puebloan community is one of
the largest Pueblo II period (900-1150 AD) communities in
southwestern Colorado and one of the finest examples of a
Chacoan system ``Outlier''. The Chacoan system was a complex
system of interdependent communities bound by economic, social,
political, and religious relationships. Chimney Rock contains
many outstanding hallmarks of the Chacoan system and
significant archeological resources of other periods.
(4) The design of the Chimney Rock Ancestral Puebloan
community incorporates Ancestral Puebloan knowledge of
astronomy. The twin Chimney Rock Pinnacles, for example, appear
to have served as a frame for viewing astronomical alignments.
(5) Ancestral Puebloan culture is part of the heritage of
many Southwestern Indian cultures, and has influenced the
culture, art and architecture of the Western United States.
(6) The Chimney Rock Ancestral Puebloan community has
special value for the Puebloan and Tribal people of today.
(7) Chimney Rock provides a dramatic record of geological
and astronomical time.
(8) Chimney Rock is a natural laboratory that provides
exceptional opportunities for scientific study in the fields of
geology, ecology, prehistoric archeology, and the ways in which
they interrelate.
(9) Chimney Rock provides abundant opportunities to enhance
the understanding and appreciation by the public of the
achievements and ways of life of the Ancestral Puebloans, in a
rugged and spectacular landscape.
(10) Chimney Rock has long been maintained through
community care and management. Volunteers and volunteer
organizations have provided outstanding educational and
interpretive programs and site stewardship, and have encouraged
academic scientific investigation.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of
Agriculture; and
(2) the term ``National Monument'' means the Chimney Rock
National Monument.
SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.
(a) Establishment.--In order to preserve, protect, and restore the
archeological, anthropological, geologic, hydrologic, biological,
visual, and scenic resources of Chimney Rock, and to enable the public
(to the extent consistent with the preceding purposes) to fully realize
the scientific, cultural, educational, recreational, visual, and scenic
value of those resources, there is hereby designated the Chimney Rock
National Monument.
(b) Lands and Interests in Land Included in National Monument.--
(1) Lands and interests in land within certain
boundaries.--The National Monument shall consist of all Federal
lands and interests in lands located within its boundaries. The
boundaries of the National Monument shall be the boundaries
depicted on the map entitled ``Boundary Map, Chimney Rock
National Monument'', dated November 24, 2009, as adjusted
pursuant to paragraph (2).
(2) Adjustment of boundaries.--
(A) Inclusion of archeological resources.--The
Secretary may make minor adjustments to the boundaries
of the National Monument to include significant
archeological resources discovered on public land
adjacent to the National Monument after the date of the
enactment of this Act.
(B) Inclusion of acquired lands and interests.--The
Secretary shall adjust the boundaries of the National
Monument to include any land or interest in land
acquired under section 8.
(3) Legal descriptions and map.--
(A) Preparation and submission of legal
descriptions.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall use the
map referred to in paragraph (1) to prepare legal
descriptions of the boundaries of the National
Monument. The Secretary shall submit the legal
descriptions to the Committee on Natural Resources and
the Committee on Agriculture of the House of
Representatives and to the Committee on Energy and
Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(B) Availability of map for public inspection.--The
Secretary shall make the map referred to in paragraph
(1) available for public inspection in appropriate
offices of the United States Forest Service.
(C) Correction of clerical and typographical
errors.--The Secretary may correct clerical and
typographical errors in the legal descriptions and map
referred to in subparagraph (A) and paragraph (1),
respectively.
(c) Designation of Manager.--The Secretary shall designate an
individual as manager of the National Monument as soon as practicable
after development of the management plan under section 7(a).
SEC. 5. LIMITATIONS ON EFFECT AND SCOPE OF ACT.
(a) No Interference With Property Rights.--No provision of this Act
shall interfere with the following:
(1) The property rights of any Indian reservation.
(2) Property rights in any individually held trust lands or
other Indian allotments.
(3) Any interest in land held by the State of Colorado or
by any political subdivision or special district of the State
of Colorado.
(4) Any private property rights in property adjacent to the
National Monument.
(5) The fish and wildlife rights of the State of Colorado
or any tribal government.
(b) Scope of Act.--No provision of this Act--
(1) grants the Secretary new authority over non-Federal
lands; or
(2) creates any Federal reserved water rights.
SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT.
(a) Management and Authorization of Uses.--The Secretary shall
manage and authorize uses of the National Monument (including any use
under subsection (c)) as a unit of the San Juan National Forest in
conformance with the following:
(1) The purposes described in section 4(a).
(2) The management plan developed under section 7(a).
(3) Public Law 96-550 (16 U.S.C. 410ii et seq.).
(4) The Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.).
(5) The policy expressed in the American Indian Religious
Freedom Act (42 U.S.C. 1996).
(6) Treaties providing for nonexclusive access to the
National Monument by Indians for traditional and cultural
purposes.
(b) Vegetation Management.--The Secretary may carry out vegetative
management treatments within the National Monument, except that timber
harvest and the use of prescribed fire may only be used when the
Secretary determines it necessary to address the risk of wildfire,
insects, or diseases that would endanger the National Monument or
imperil public safety.
(c) Authorized Uses.--All uses of the National Monument other than
those authorized by the Secretary shall be prohibited. Authorized uses
of the National Monument may include the following:
(1) Construction of a visitor's center and related exhibit
and curatorial facilities to interpret the scientific and
cultural resources of the National Monument for the benefit of
the general public.
(2) Scientific research (including archeological research)
and educational and interpretive uses.
(3) Acquisition, consolidation, and display of artifacts
found within the National Monument.
(4) The recreational and administrative use of mountain
bikes and motorized vehicles.
(5) Installation, construction, and maintenance of a public
utility right of way within the National Monument for a purpose
described in section 4(a) if the Secretary determines that--
(A) there is no route outside of the National
Monument that will accomplish the purpose; or
(B) the right of way will be located along a State
highway crossing the National Monument.
(6) Grazing uses, through issuance and administration by
the Secretary of grazing leases or permits.
(d) Prohibition on Entry, Appropriation, Disposal, and Other
Uses.--The Federal lands and interests in lands located within the
boundaries of the National Monument are hereby withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the public land
mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN.
(a) Requirement.--Not later than 3 years after the date of the
enactment of this Act, the Secretary, in consultation with Indian
tribes with a cultural or historic tie to the National Monument, shall
develop a management plan for the management and authorization of uses
of the National Monument under section 4(a).
(b) Opportunity for Comment.--In developing the management plan,
the Secretary shall provide an opportunity for comment to local
governments, tribal governments, the State of Colorado, and other
local, State, and national organizations with an interest in the
management and use of the National Monument.
(c) Contents.--The management plan shall--
(1) identify authorized uses for the National Monument;
(2) provide for the continued use of the National Monument
by Indian tribes for traditional ceremonies and as a source of
traditional plants and other materials;
(3) specify permitted uses of artifacts, including whether
certain artifacts may be displayed for educational purposes;
(4) identify visitor carrying capacities; and
(5) designate roads and trails for public and
administrative use.
SEC. 8. ACQUISITION OF LAND.
The Secretary may acquire State, local government, tribal, and
privately held land or interests in land, including conservation
easements, contiguous to the boundaries of the National Monument, for
inclusion in the National Monument only by--
(1) donation;
(2) exchange with a willing party; or
(3) purchase from a willing seller.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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