[House Report 106-307]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-307
======================================================================
BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL
CONSERVATION AREA ACT OF 1999
_______
September 8, 1999.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 323]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 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
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 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 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--
(1) to the extent the use is compatible with off-highway
vehicle designations as described in the management plan in
effect on the date of enactment of this Act; or
(2) to the extent the use is practicable under a management
plan prepared under this Act.
(f) Conservation Area Management Plan.--
(1) In general.--Not later than 4 years after the date of
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 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 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 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 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 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
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 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
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.
Purpose of The Bill
The purpose of S. 323 is 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.
Background and Need For Legislation
S. 323 redesignates the Black Canyon of the Gunnison
National Monument as a new national park unit, which will be
known as the Black Canyon of the Gunnison National Park. This
bill also expands Black Canyon of the Gunnison Wilderness Area
within the new park unit by approximately 4400 acres and
directs the National Park Service to conduct a study concerning
land protection and open space within and adjacent to the
Curencanti National Recreation Area. Most of the land
designations are incorporations of the land and interests
within the current boundary of the Black Canyon of the Gunnison
National Monument established by Public Law 98-357 in 1984. The
new park unit will also be comprised of other lands currently
administered by the Bureau of Land Management which will
transfer the identified additional lands to the National Park
Service. The Secretary of the Interior, acting through the
director of the National Park Service, may permit grazing where
that use exists as of the day of enactment and shall prepare a
grazing management plan to administer grazing activities within
the park. Furthermore, hunting on privately-owned land within
the boundaries of park may be permitted. The Secretary may
acquire lands or interests in lands by donation, transfer,
purchase with donated or appropriated funds, or exchange, but
no land or interests in land may be acquired without the
consent of the owner of the land. Not later than five years
after the date of enactment of this bill, the Secretary shall
complete an official boundary survey of the park.
The bill also establishes the Gunnison Gorge National
Conservation Area (approximately 57,725 acres) and designates a
new wilderness area within the newly established National
Conservation Area, the Gunnison Gorge Wilderness (approximately
17,700 aces). These areas will be administered by the Bureau of
Land Management. Subject to valid existing rights, federal land
and interests within the conservation area acquired by the
United States will be withdrawn from entry, appropriation, or
disposal under public land laws; location, entry, and patent
under the mining laws; and operation of mineral leasing and
geothermal laws. The Secretary, however, can permit hunting,
trapping, fishing, and the use of motorized vehicles within the
conservation area. Within four years after the date of
enactment of this bill, the Secretary shall develop a
comprehensive protection and management plan for the
conservation area and submit it to Congress.
During Full Committee consideration of S. 323 an amendment
was offered by Congressman Mark Udall (D-CO) who had concerns
over water rights as stated in section 10 of the bill. The
Committee wishes to clarify the intent of the bill and address
these concerns. Subsection 10(a)(1) provides that nothing in
the bill shall ``constitute an express or implied reservation
of water for any purpose''. Subsection 10(a)(2) provides that
the bill will not affect the water rights held or claimed by
the United States with respect to the Black Canyon of the
Gunnison National Monument as of the date of the bill's
enactment. This subsection is intended to assure that the
existing water rights of the United States, conditional or
absolute, and claims therefor, are preserved unimpaired. It is
the Committee's intent and expectation that this legislation
will neither expand nor diminish the water rights held by the
United States for the benefit of the monument and, upon
enactment of this legislation, the national park. The water
rights and claims held by the United States will retain both
their priority date and purposes.
The Committee also notes that subsection 10(b) provides
that any new federal water rights that the Secretary of the
Interior determines to be necessary for the purposes of the
bill shall be established in accordance with the procedural and
substantive requirements of Colorado law. In this respect, the
Committee has taken into consideration that, in 1971, the
United States filed applications for water rights for the Black
Canyon of the Gunnison National Monument as part of a general
stream adjudication. The United States has not yet submitted,
and no court has entered, a final decree on this adjudication.
Thus, the United States' water rights on the Gunnison River for
the Black Canyon of the Gunnison National Monument often are
referred to as ``conditional'' rights.
The Committee also acknowledges that the purpose of the
Black Canyon of the Gunnison National Monument is to conserve
and maintain the scenic, aesthetic, natural, and historic
objects of the monument, as well as its wildlife, in order that
the monument might provide a source of recreation and enjoyment
for all generations of citizens of the United States. Within
this context the purpose permits the utilization of water under
the reservation doctrine in the form of direct flow and storage
rights, transportation rights, and well rights. Further, the
water utilization includes recreational and developmental uses,
conservation, management of wildlife and habitat, wilderness
preservation (where designated), minimum stream flows (for the
Gunnison River), along with scenic, aesthetic, and other public
values. It is the Committee's view that because these rights
were established for the benefit of the national monument, and
because this legislation transfers these and other interests,
unimpaired, to the newly established Black Canyon National
Park, no reserved right is necessary to protect the water-
related values of the newly established national park,
conservation area, or wilderness designations.
Committee Action
S. 323 was introduced on January 28, 1999, by Senator Ben
Nighthorse Campbell (R-CO). Companion legislation, H.R. 1165,
was introduced in the House of Representatives by Congressman
Scott McInnis (R-CO). The Senate passed S. 323 on July 1, 1999,
and the bill was referred to the Committee on Resources. On
July 21, 1999 the Full Resources Committee met to consider S.
323. Congressman James V. Hansen (R-UT) offered an amendment
which addressed grazing permits issued to corporations within
the new park unit. The amendment was adopted by voice vote.
Commissioner Carlos Romero-Barcelo (D-PR) offered an amendment
dealing with off-road vehicles which failed by voice vote.
Congressman Mark Udall (D-CO) offered two amendments the first
of which, dealing with a condemnation provision, was ruled out
of order on germaneness. The second Udall amendment, dealing
with water rights, was offered and then withdrawn by
Congressman Udall. The bill, as amended, was then ordered
favorably reported to the House of Representatives by voice
vote.
Committee Oversight Findings And Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 323, the Black
Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 323--Black Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area Act of 1999
Summary: Assuming appropriation of the necessary amounts,
CBO estimates that implementing S. 323 would cost the federal
government $5.5 million over the next five years. The act would
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. S. 323 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of state, local or tribal
governments.
Description of the bill's major provisions: S. 323 would
redesignate the Black Canyon of the Gunnison National Monument
in Colorado as the Black Canyon of the Gunnison National Park.
The act would direct the Secretary of the Interior to transfer
jurisdiction over about 7,000 acres adjacent to the existing
national monument from the Bureau of Land Management (BLM) to
the National Park Service (NPS) for incorporation into the new
park. Subject to existing rights, all federal acreage within
the park, including that transferred from the BLM, would be
withdrawn from entry, appropriation, and disposal under public
land and mining laws, and thus could not be sold, leased, or
otherwise used for commercial purposes. (Grazing within the
park, however, would continue until existing permits expire.)
Section 5 of the act would authorize the NPS to acquire up
to approximately 2,500 additional acres for the park by
donation, purchase, transfer, or exchange. The NPS would revise
the boundaries of the park once it acquires such lands and
would conduct an official boundary survey of the park as soon
as possible thereafter. Section 6 would expand the Black Canyon
of the Gunnison Wilderness to include an additional 4,419 acres
of land. This section also would direct the NPS to administer
the Black Canyon of the Gunnison Wilderness as a component of
the park.
S. 323 also would establish the Gunnison Gorge National
Conservation Area (NCA). Section 7 would direct the BLM to
administer the 57,725-acre NCA in accordance with this act, the
Federal Land Policy and Management Act of 1976, and other
applicable laws. Lands within the NCA would be withdrawn from
entry, appropriation, and disposal under public land and mining
laws. This section would require the BLM to develop a
comprehensive plan for protection and management of the NCA. If
the agency acquires land for the NCA (as it may under existing
authority), it would revise the area's boundaries accordingly.
Also, section 8 would designate about 17,700 acres of land
within the NCA as the Gunnison Gorge Wilderness. Section 9 also
would protect other BLM lands outside of the NCA by withdrawing
them under public land and mining laws.
Section 11 would require the NPS to conduct a study of the
areas adjacent to the Curecanti National Recreation Area (NRA)
in order to assess resources and identify alternatives to
protect them. This section would permit the NPS to acquire two
tracts of land for inclusion in the NRA before the land
protection study is completed.
Finally, section 12 would authorize the appropriation of
whatever amounts are necessary to implement the legislation.
Estimated cost to the Federal Government: CBO estimates
that the NPS and the BLM would spend a total of about $1
million to complete the studies and plans required by S. 323
over the next three or four years. In addition, we estimate
that the NPS would spend about $3 million to acquire land at
Black Canyon and Curecanti. (BLM may also acquire land for the
NCA, but the agency already has authority to acquire property
in this area under other statutes.) CBO estimates that the cost
of developing property acquired at the two park units would not
exceed $1.5 million in total. We estimate that additional
annual expenses to operate the NCA and the two park units once
the act has been implemented would not be significant. All
estimates are based on information provided by the NPS and the
BLM. For purposes of these estimates, CBO assumes that the
necessary amounts would be appropriated as required.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 323
contains no intergovernmental or private-sector mandates as
defined in UMRA and would have no significant impact on the
budgets of state, local, or tribal governments.
Previous CBO estimate: On June 4, 1999, CBO prepared a cost
estimate for S. 323 as ordered reported by the Senate Committee
on Energy and Natural Resources. The two versions of the
legislation are very similar, and the two estimates are
identical.
Estimate prepared by: Deborah Reis.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local, or tribal law
This bill is not intended to preempt State, local, or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
S. 323 is important legislation, the basic intent of which
we fully support. This measure will abolish the Black Canyon of
the Gunnison National Monument and create in its place a larger
national park. In addition, the legislation will create a
57,000-acre national conservation area (NCA), more than 17,000
acres of which will be designated wilderness. The Monument's
redesignation and expansion, as well as the designation of the
NCA and wilderness, will better protect the natural and
cultural resources which make this area unique.
Importantly, this legislation includes a provision allowing
grazing within the new park boundaries to continue only during
the lifetime of the current grazing lease-holders. This
``sunset'' language is an equitable solution to what might have
been a contentious problem created by the transfer of land from
the Bureau of Land Management (BLM) to the National Park
Service.
However, one aspect of S. 323 continues to raise serious
concerns and it is our hope that this remaining issue will be
resolved during consideration of this legislation in the full
House. A large portion of the BLM lands to be included in the
new NCA are currently designated for use by off-road vehicles
(ORVs). This area is managed according to an existing
management plan, and section 7(e)(1) of this legislation
specifies that this area will continue to be available for ORV
use after these lands are designated as part of the NCA. While
ORV use within an area set aside to conserve natural and
cultural resources is problematic, the BLM assures us that this
ORV use can continue to be managed in such a way as to be
compatible with the goals of the new NCA.
However, section 7(e)(2) of the bill goes on to contemplate
expansion of ORV use into any area where such use is deemed
``practicable'' under the new management plan. Given that the
existing level of ORV use is not ideal, expansion of such use
is ill-advised and will undermine the very resources S. 323
seeks to protect. In no other NCA in the country are off-road
vehicles allowed to rumble over any area where their use is
deemed ``practicable.''
S. 323 should be amended to make clear that, because the
lands will now be part of a national conservation area, the use
of off-road-vehicles will not be expanded beyond existing
limits.
George Miller.
Carlos Romero-Barcelo.
Bruce Vento.
Rush Holt.
Mark Udall.