Home > 106th Congressional Bills > S. 323 (es) 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. [Engrossed in Senate] ...

S. 323 (es) 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. [Engrossed in Senate] ...


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        S.323

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 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.

    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, 
    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;
            (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 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 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 
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.
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 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 

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