[Senate Report 106-69]
[From the U.S. Government Publishing Office]
Calendar No. 140
106th Congress Report
SENATE
1st Session 106-69
======================================================================
BLACK CANYON NATIONAL PARK AND GUNNISON NATIONAL CONSERVATION AREA ACT
OF 1999
_______
June 8 (legislative day, June 7), 1999.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 323]
The Committee on Energy and Natural Resources, to which 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, reports favorably thereon
with an amendment and recommends 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
scientific 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 new 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 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. 416 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 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.--Subjects 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 subjection 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 Courtaffecting 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, for a period equal to the lifetime of the holder
of the grazing permit or lease as of the date of enactment of this Act.
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.--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
landlocated 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 Maps 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
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 measure
The purpose of S. 323, as ordered reported, is to expand
the boundaries of the Black Canyon of the Gunnison National
Monument, to redesignate the Monument a national park, and to
establish the Gunnison Gorge National Conservation Area, to be
administered by the Bureau of Land Management.
background and need
The Black Canyon of the Gunnison National Monument was
established by Presidential Proclamation on March 2, 1933. The
Monument's boundary was expanded in 1938, 1939, 1960 and 1984.
In 1976, approximately 11,180 acres within the Monument was
designated as wildernesses.
Carved by the Gunnison River Black Canyon of the Gunnison
National Monument's dark gray walls of schist and gneiss are
penetrated only by slanting rays of sunlight. The National
Monument contains 20,766 acres, of which all but 120 acres are
Federally owned. It is located near Montrose, Colorado,
approximately 250 miles south west of Denver. The park receives
approximately 230,000 visitors per year. Black Canyon shares
its eastern boundary with Curecanti National Recreation Area,
which is administered by the National Park Service under a
cooperative agreement with the Bureau of Reclamation. Curecanti
National Recreation Area receives approximately 1.1 million
visitors per year.
Popular recreational activities at the Black Canyon of the
Gunnison National Monument include: sightseeing, fishing,
hiking, climbing, kayaking, photography, wildlife watching and
camping. Wildlife in the area include: deer, elk, black bear,
coyote, mountain lion, bighorn sheep, peregrine falcon and bald
eagles. The Gunnison River provides excellent trout fishing.
Entrance fees at the south rim and camping fees at both the
south rim and the north rim are collected.
Gunnison Gorge Wilderness Study Area, managed by the Bureau
of Land Management to preserve its scenic and recreational
values, is downstream of the Black Canyon of the Gunnison
National Monument. It offers a wild and pristine backcountry
experience. The Gorge offers a technical and remote experience
for rafters, kayakers and whitewater canoeists. Recreation user
fees are required for both day use and overnight camping. Under
the provisions of this legislation, the vast majority of the
Gunnison Gorge Wilderness Study Area will be designated as a
National Conservation Area.
legislative history
Similar bills were introduced by Representative Campbell in
the 102nd Congress (H.R. 2925 on July 17, 1991) and by Senator
Campbell in the 103rd Congress (S. 2284 on July 14, 1994) and
104th Congress (S. 1424 on November 19, 1995). S. 1424 was
passed by the Senate as part of the Omnibus Parks and Public
Lands Management Act of 1996 but was subsequently deleted from
the Omnibus Parks and Public Lands Management Act by the House
of Representatives.
All of the above mentioned bills, while not identical,
would have redesignated the Black Canyon of the Gunnison
National Monument as a national park and designated the
Gunnison Gorge as a national conservation area.
S. 232 was introduced January 28, 1999 by Senator Campbell.
The Subcommittee on National Parks, Historic Preservation and
Recreation held a hearing on S. 323 on March 24, 1999.
At its business meeting on May 19, 1999, the Committee on
Energy and Natural Resources ordered S. 323, favorably
reported, as amended.
committee recommendation
The Committee on Energy and Natural Resources, in open
business session on May 19, 1999, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 323, as
amended as described herein.
committee amendments
During the consideration of S. 323, the Committee adopted
an amendment in the nature of a substitute.
In addition to making several technical, clarifying and
conforming changes to S. 323, the amendment directs the
Secretary of the Interior to allow the grazing of livestock
within the park to continue where authorized under existing
permits or leases, at no more than the current level, subject
to applicable laws and National Park Service regulations. The
Secretary of the Interior shall allow grazing to continue,
subject to periodic renewal, for the lifetime of the current
permit or lease holder.
The amendment makes clear that with respect to a specific
grazing permit or lease scheduled to expire according to the
terms of a settlement by the U.S. Claims Court, the termination
of such lease or permit is unaffected by this Act and will
terminate on the previously scheduled date.
section-by-section analysis
Section 1 designates the bill's short title as the ``Black
Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area Act of 1999.''
Section 2 lists the Congressional findings of the bill.
Section 3 defines certain key terms used in the bill.
Section 4(a) establishes the Black Canyon of the Gunnison
National Park and abolishes the Black Canyon of the Gunnison
National Monument. All of the Monument's lands and interest in
lands are incorporated into the new national park. Funds made
available for the national monument shall be available for the
national park.
Subsection (b) directs the Secretary to transfer lands
under the jurisdiction of the Bureau of Land Management, as
identified on the map, which are added to the park to the
jurisdiction of the National Park Service. The park is to be
administered in accordance with this Act and laws applicable to
units of the National Park System. Specific reference is made
to ``An Act to establish a National Park Service, approved
August 25, 1916 (16 U.S.C. 1, 2-4) and ``An Act to provide for
the preservation of historic American sites, buildings,
objects, and antiquities of national significance, approved
August 21, 1935 (16 U.S.C. 461 et seq.).''
Subsection (c) directs the Secretary to file maps and a
legal description of the park with Senate Committee on Energy
and Natural Resources and the House Committee on Resources as
soon as practicable after the enactment of this Act. The maps
and legal description must be on file and available for public
inspection in appropriate National Park Service offices.
Subsection (d) withdraws, subject to valid existing rights,
all Federal lands within the park from all forms of entry,
appropriation, or disposal under the public land laws, the
mining laws and laws relating to mineral and geothermal
leasing.
Subsection (e)(1)(A) directs the Secretary to allow grazing
to continue where authorized under permits or leases in
existence as of the date of the enactment of this Act,
consistent with the requirements of this subsection, including
the limitation in paragraph (3).
Paragraph (1)(B) states that nothing in this subsection is
to be construed to extend grazing privileges for any party or
their assignee in any area of the park, where prior to the
enactment of the Act, such use was scheduled to expire under
the terms of a settlement by the U.S. Claims Court affecting
property which had been incorporated into Black Canyon of the
Gunnison National Monument.
Paragraph (1)(C) allows the Secretary to accept voluntary
termination of grazing leases or permits.
Paragraph (2) allows grazing to continue in wilderness
areas where authorized by permits in existence as of the date
of the enactment of this Act, subject to regulations, policies
and practices as the Secretary of the Interior deems necessary.
It is to be consistent with this Act, the Wilderness Act and
other applicable NPS laws and regulations.
Paragraph (3) directs that grazing in the park will
continue, subject to periodic renewal, for the lifetime of the
holder of the permit or lease as of the date of enactment of
this Act.
Section 5 (a) permits acquisitions of land or interests in
land depicted within the park by donation, transfer, purchase
with donated or appropriated funds or exchange. No land or
interest in land may be acquired without the consent of the
owner.
Subsection (b) directs the Secretary to revise the boundary
to include new lands and to administer those lands subject to
applicable laws and regulations.
Subsection (c) directs the Secretary to complete an
official boundary survey as soon as practicable, subject to the
availability of funds.
Subsection (d) permits hunting on privately owned lands
added to the park, subject to prescribed limitations,
conditions or regulations until the Secretary acquires fee
ownership of such lands.
Section 6 expands the Black Canyon of the Gunnison
Wilderness, established by Public Law 94-567 to include land
depicted on the map as ``Tract A'' and consisting of
approximately 4,419 acres. It is to be administered as a
component of the park.
Section 7 (a) establishes the Gunnison Gorge National
Conservation Area, consisting of approximately 57,725 acres.
Subsection (b) directs that it be managed by the Bureau of
Land Management in accordance with this Act, the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable laws.
Subsection (c) withdraws land from all forms of entry,
appropriation or disposal under public land laws; location,
entry and patent under the mining laws; and operation of the
mineral leasing and geothermal leasing laws, subject to valid
existing rights.
Subsection (d) permits hunting, trapping and fishing within
the conservation area in accordance with State and Federal
laws. However, after consultation with the Colorado Division of
Wildlife, regulations may be issued designating zones, and/or
establishing periods where no hunting or trapping shall be
permitted due to public safety, administration or public use
and enjoyment.
Subsection (e) permits the use of motorized vehicles on
established roadways and to the extent the use is compatible
with off-highway designations described in the management plan
in effect of the date of the enactment of the act, or to the
extent the use is practicable under a plan prepared under this
Act.
Subsection (f)(1) directs the Secretary to prepare a
comprehensive long-range management plan for the Conservation
Area within 4 years and to transmit the plan to the Senate
Committee on Energy and Natural Resources and to the House
Committee on Resources.
Paragraph (2) specifies the plan is to describe appropriate
uses and management of the Conservation Area and that it may
incorporate appropriate decisions contained in plans completed
prior to the date of enactment of this Act, including wildlife
habitat management plans. It is to be prepared in close
consultation with appropriate Federal, State, county and local
agencies and may incorporate appropriate plans, decisions or
information developed prior to the enactment of act.
Subsection (g) permits the Secretary to make revisions to
the boundary of the Conservation Area.
Section 8 (a) designates the Gunnison Gorge Wilderness
Area, approximately 17,700 acres, as a component of the
National Wilderness Preservation System. An 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)) is released from
wilderness study status and shall not be subject to section
603(c) of that Act.
Subsection (b) states that subject to valid rights in
existence on the date of enactment of this Act, the wilderness
area is to be administered in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.) except that any reference to the
effective date of the Wilderness Act is deemed to be a
reference to the effective date of this Act. Any reference to
the Secretary of Agriculture is to be a reference to the
Secretary of the Interior.
Subsection (c) provides that nothing in this Act or the
Wilderness Act shall affect the jurisdiction of the State of
Colorado with respect to wildlife and fish on public land.
Subsection (d) directs the Secretary to file maps and a
legal description of the Gunnison Gorge Wilderness with the
Senate Committee on Energy and Natural Resources and the House
of Representatives Committee on Resources as soon as
practicable after the enactment of this Act. Corrections for
clerical and typographical errors may be made. The map and
legal description are to be on file and available for public
inspection in the office of the Director of the BLM.
Section 9 withdraws land identified on the maps as ``Tract
B'' from all forms of entry, appropriation or disposal under
public land laws; location, entry and patent under the mining
laws; and operation of the mineral leasing and geothermal
leasing laws.
Section 10 states that nothing in this act shall constitute
any reservation of water for any purpose or affect water rights
in existence prior to the date of enactment of this Act,
including rights held by the United States. Any new water
rights shall be in accordance with the procedural and
substantive requirements of the laws of the State of Colorado.
The committee notes that whatever water rights are held by the
United States for the Black Canyon of the Gunnison National
Monument, including purposes and priority dates, are not
affected by the redesignation of the monument as a national
park.
Section 11 (a) instructs the Secretary, acting through the
Director of the National Park Service, within 3 years, to
conduct a study concerning land protection and open space
within and adjacent to Curecanti National Recreation Area.
Subsection (b) requires the study to address the natural,
cultural, recreational and scenic value and character of the
land; identify alternatives to protect the land; recommend a
variety of economically feasible and viable tools to protect
the land; and estimate the associated costs recommended by the
study.
Subsection (c) directs the Secretary, within 3 years, to
submit a report to Congress that contains the findings and
makes recommendations in respect to the study required by
subsection (a) and regarding action that may be taken with
respect to the land described in the report.
Subsection (d) authorizes the Secretary to acquire
approximately 1,065 acres of privately owned land known as the
``Hall and Fitti properties.'' It permits acquisitions of land
or interests in land depicted on the map through donation,
purchase with donated or appropriated funds or exchange. No
land may be acquired without the consent of the owner. It also
directs the Secretary to revise the boundary of Curecanti
National Recreation Area to include new lands and to administer
those lands subject to applicable laws and regulations.
Section 12 authorizes appropriations necessary to carry out
the Act.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
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 bill
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 bill 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 bill 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
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 bill,
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 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 bill 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.
Estimate prepared by: Deborah Reis.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 323. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from
enactment of S. 323, as ordered reported.
executive communications
At the Subcommittee hearing a representative from the
National Park Service testified in support of S. 323, if
amended.
Statement of Stephen Saunders, Deputy Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you to address S. 323, a bill
to redesignate Black Canyon of the Gunnison National Monument
as a national park and to establish the Gunnison Gorge National
Conservation Area. We support this legislation with the
amendments mentioned in this testimony. We further would like
to work with the committee on other minor technical changes.
If enacted, S. 323 would authorize the expansion of Black
Canyon of the Gunnison National Monument and redesignate the
monument as a national park. The bill would establish the
Gunnison Gorge National Conservation Area, and authorize a
study of the lands within and adjacent to Curecanti National
Recreation Area. The bill would also formally designate
recommended wilderness within Black Canyon National Park and
the Gunnison Gorge NCA.
We thank Senator Campbell for his continued interest and
for his support in developing legislation that benefits the
community and remains true to the spirit and mission of both
the National Park Service and the Bureau of Land Management.
redesignation of black canyon of the gunnison national monument
Black Canyon of the Gunnison National Monument was
established by Presidential proclamation in 1933 to preserve
the spectacular gorges of the Gunnison River. And while
legislation has since expanded and refined the monument's
boundary and designated approximately 11,000 acres of
wilderness, the significant resources have remained the gorge
and canyon walls. In 1989, in response to P.L. 100-446, the
National Park Service prepared the ``Resource/Boundary
Evaluation for Lands Adjacent to the Black Canyon of the
Gunnison National Monument''. The resource assessment
determined that the lower gorge of the Gunnison River contained
significant natural resources and opportunities for public
enjoyment. It was also determined that these resources were
directly related to the purpose for which the monument was
established but were not represented within Black Canyon. The
resources primarily involve geologic formations hundreds of
feet thick that have eroded away from the monument portion of
the landscape. These features would add a nationally
significant and geologic aspect to the monument that is
currently non-existent.
One of the study's alternatives recommended expanding the
monument's boundaries to include these features and
redesignation as a national park. The alternative was based
upon long-standing NPS management policy and practice that a
national park must include size, unique natural qualities and
superlative scenery, as well as recreational opportunities.
During the public involvement process of the study, the
question was posed as to whether or not it was possible to
change the status to a national park without additional
resources being added. The National Park Service responded in
that study and since, that we could not support a change in
designation for the sake of ``greater status'' or without the
addition of downstream lands to increase the size and diversity
of the monument. At the same time, public opinion has generally
supported the continued management of lands and existing
recreational activities by the Bureau of Land Management in the
Gunnison Gorge.
Since the completion of that study, the National Park
Service and the Bureau of Land Management have worked on a
variety of proposals to accomplish these objectives. We believe
S. 323 does accomplish the balance we have been seeking.
Section 4 of the legislation would add almost 4,500 acres of
river, inner canyon and uplands downstream of the monument now
managed by the Bureau of Land Management to Black Canyon of the
Gunnison National Monument. These added lands contain both
resource and recreational diversity. At the area called Signal
Hill, visitors would gain a new vantage of the incredible
canyon below which some say rivals the Grand Canyon. In section
5, the Secretary is authorized to purchase three privately
owned tracts comprising about 2,500 acres that are critical to
the protection of the monument and the experience of the more
than 200,000 visitors who come to the area each year. The
largest tract is adjacent to the South Rim Drive and forms the
scenic backdrop for the canyon rim. Two smaller tracts would
protect the rural nature of the monument and offer potential
new recreational opportunities to the extraordinary Red Rock
Canyon area.
We believe these additions qualify Black Canyon for a
change in designation. An area that qualifies for national park
status represents an area that contains a wide range of
resources, all of which have been determined to be nationally
significant. We believe the proposal before you does that. The
National Park Service and Bureau of Land Management will work
together to manage both sites for the benefit of visitors and
protection of these outstanding resources.
creation of the gunnison gorge national conservation area
The BLM-managed Gunnison Gorge and its surrounding lands
offer outstanding scenery, backcountry hiking, camping and
horseback riding, exceptional whitewater boating and world-
class Gold Medal trout fishing in a remote and spectacular wild
river canyon. The area is home to many species of wildlife
including bighorn sheep, mule deer, elk, river otter, ringtail
cats, mountains lion, bald and golden eagles, osprey, chukar,
and peregrine falcon. The area combines a wide range of natural
beauty, outstanding wilderness qualities, unique geologic
features, sensitive riparian areas, critical wildlife habitat,
and diverse recreational opportunities. S. 323 will allow the
BLM to preserve these important aspects of the area for
generations to come.
Section 7 of the legislation would establish the Gunnison
Gorge National Conservation Area (NCA). The NCA would include
over 57,000 acres. This area is currently managed as a Special
Recreation Management Area and no major change in uses would be
anticipated with the NCA designation. The designation would
protect these lands for the future. Current users of the NCA
area are primarily recreationists. This includes commercial and
private boaters, anglers, mountain bikers, hikers and hunters.
The only significant non-recreational commercial use within
the proposed NCA is grazing. The BLM authorizes nine grazing
permittees with a total of 3,800 AUMs (primarily winter/spring
sheep permits). We do not expect any changes in grazing within
the NCA.
The area has also been the site of a successful Recreation
Fee Demonstration Project. A fee is charged at the four
trailheads entering the gorge. In 1998, the demonstration
project raised nearly $20,000. Those funds are being used for
trail upgrades, riparian improvement projects (primarily weed
removal), facility repairs and an interpretive trail program
involving local schoolchildren. Recognizing the importance of
the area to the local community, a seasonal pass is offered
which may be obtained either by paying a fee or providing
volunteer service. Last year, more than 40 individuals took
advantage of the latter option.
Section 8 of the bill creates the Gunnison Gorge Wilderness
within the NCA. The wilderness would comprise slightly less
than 18,000 acres. These lands (with one small exception) are
currently identified as a Wilderness Study Area (WSA) and have
been managed under interim management criteria since 1979. The
small Smith Fork area in the northeastern section of the
proposed wilderness comprises 1,294 acres. While not part of
the WSA, it is managed under Interim Management Policy (IMP)
criteria and in 1991 was recommended by the BLM as suitable for
wilderness designation.
One parcel of approximately 300 acres is being removed from
WSA status. This parcel, described in section 9(a)(2)(A) of the
bill, is not appropriate for wilderness designation. It is
unmanageable in terms of IMP criteria and is the location of a
popular motorcycle trail. The bill would place this parcel
within the NCA, giving it the protection necessary while
preserving its use for off-highway vehicles.
Additionally, in section 6 of the bill a 4,460 acres parcel
currently managed as part of the WSA would be transferred to
the National Park Service (NPS) and will be included in the
existing Black Canyon of the Gunnison Wilderness. This area is
largely inaccessible except by raft or kayak and is upstream of
the main river put-in at the base of the Chukar Trail. The BLM
and NPS have agreed to work cooperatively to develop management
agreements for this area.
Section 9 of the legislation withdraws approximately 1,554
acres of BLM-managed public lands from future entry under the
mineral and public lands laws. This will prohibit any new
development of these lands, popularly known as Jones Draw.
Because these lands are a popular local hunting area, they are
not appropriate for inclusion within the park. However, the BLM
agrees that it is important to protect these lands. This
withdrawal will have no effect on any current uses of these
lands, including the predominant use--hunting. Additionally, we
have two grazing permittees in that area who will be unaffected
by the withdrawal.
The BLM is recommending four minor amendments of a
technical nature. The first amendment would change the title of
subsection 7(d) from ``Permitted Uses'' to ``Hunting, Trapping
and Fishing.'' This change in title more accurately reflects
what the section addresses and eliminates any confusion that
uses not listed in this section might not be allowed.
Our second amendment is to subsection 7(f)(E). We propose
replacing the word ``shall'' with ``may''. We believe ``may''
more accurately reflects the intent and would not prohibit the
use of information developed after the date of enactment.
Our third amendment, to subsection 8(b), insures that
proper references are made to the Wilderness Act. Our final
proposed amendment would add a new subsection 9(d), which
requires the development of maps and legal descriptions for the
Gunnison Gorge Wilderness following passage. This is standard
language typically included in wilderness legislation.
land use study for curecanti national recreation area
Between 1965 and 1976 three dams (Wayne N. Aspinall Unit)
were completed that created three lakes on the Gunnison River
to provide Upper Basin water storage, irrigation and
hydroelectric power as part of the Upper Colorado River Storage
Project (P.L. 84-485, April 11, 1956). The project also created
recreation opportunities and fish and wildlife conservation
programs. These lakes and surrounding cliffs and mesas form the
nucleus of Curecanti National Recreation Area.
The National Park Service has managed Curecanti National
Recreation Area under a Secretarial Agreement since 1965. In a
subsequent agreement between the Bureau of Reclamation and the
National Park Service agreed that it would recommend
legislation to formally establish the national recreation area.
Legislation to accomplish this has been introduced several
times, beginning in 1991. Each time there was no final action.
Section 11 of S. 323 does not call for the establishment by
statute of the Curecanti National Recreation Area. Instead, it
proposes a study of the area to determine the best and most
effective protection strategies. The National Park Service
proposes to work closely with the two county governments,
appropriate agencies, interested parties, and the public to
evaluate natural, cultural and recreational resource needs,
including scenic resources, and to consider alternative
approaches for best protecting these resources. So much has
changed since 1965 that it would be more appropriate to
formally establish Curecanti NRA following further evaluation
of resources, changing uses, and changed expectations. Section
11 would also authorize the acquisition of two properties from
willing sellers.
The NPS is recommending two amendments to the legislation.
The first amendment would address a minor boundary encroachment
issue by allowing the Secretary to sell or exchange land
parcels of ten acres or less where persons have encroached on
the recreation area who in good faith relied on a survey, title
search or other land description that indicated no such
encroachment. This authority would expire two years after
enactment of this act or completion of an official boundary
survey, whichever is later. We will be glad to provide the
committee with suggested language for this amendment. The
second amendment is to section 11(d)(1), where we recommend
including the most recent map reference, by changing the date
to read 1/25/99.
We welcome the opportunity to work with the committee and
Senator Campbell. We appreciate the committee's interest in
this legislation, and look forward to working with you on our
technical corrections. I would be happy to respond to any
questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 323, as ordered
reported.