To establish the Chimney Rock National Monument in the State
IN THE SENATE OF THE UNITED STATES
March 8, 2011
Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following
bill; which was read twice and referred to the Committee on Energy and
To establish the Chimney Rock National Monument in the State
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 `Chimney Rock National Monument Establishment
SEC. 2. DEFINITIONS.
(1) NATIONAL MONUMENT- The term `national monument' means the Chimney
Rock National Monument established by section 3(a).
(2) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
(3) STATE- The term `State' means the State of Colorado.
SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.
(a) Establishment- There is established in the State the Chimney Rock
(1) to preserve, protect, and restore the archeological, cultural,
historic, geologic, hydrologic, natural, educational, and scenic resources
of Chimney Rock and adjacent land; and
(2) to provide for public interpretation and recreation consistent
with the protection of the resources described in paragraph (1).
(1) IN GENERAL- The national monument shall consist of approximately
4,726 acres of land and interests in land, as generally depicted on
the map entitled `Boundary Map, Chimney Rock National Monument' and
dated January 5, 2010.
(2) MINOR ADJUSTMENTS- The Secretary may make minor adjustments to
the boundary of the national monument to reflect the inclusion of
significant archeological resources discovered after the date of enactment
of this Act on adjacent National Forest System land.
(3) AVAILABILITY OF MAP- The map described in paragraph (1) shall
be on file and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 4. ADMINISTRATION.
(a) In General- The Secretary shall--
(1) administer the national monument--
(A) in furtherance of the purposes for which the national monument
was established; and
(ii) any laws generally applicable to the National Forest System;
(2) allow only such uses of the national monument that the Secretary
determines would further the purposes described in section 3(a).
(1) IN GENERAL- The Secretary shall administer the national monument
in accordance with--
(A) the Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.); and
(B) the policy described in Public Law 95-341 (commonly known as
the `American Indian Religious Freedom Act') (42 U.S.C. 1996).
(2) TRADITIONAL USES- Subject to any terms and conditions the Secretary
determines to be necessary and in accordance with applicable law,
the Secretary shall allow for the continued use of the national monument
by members of Indian tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(c) Vegetation Management- The Secretary may carry out vegetation management
treatments within the national monument, except that the harvesting
of timber shall only be used if the Secretary determines that the harvesting
is necessary for--
(1) ecosystem restoration in furtherance of section 3(a); or
(2) the control of fire, insects, or diseases.
(d) Motor Vehicles and Mountain Bikes- The use of motor vehicles and
mountain bikes in the national monument shall be limited to the roads
and trails identified by the Secretary as appropriate for the use of
motor vehicles and mountain bikes.
(e) Grazing- The Secretary shall permit grazing within the national
monument, where established before the date of enactment of this Act--
(1) subject to all applicable laws (including regulations); and
(2) consistent with the purposes described in section 3(a).
(f) Utility Right-of-Way Upgrades- Nothing in this Act precludes the
Secretary from renewing or authorizing the upgrading of a utility right-of-way
in existence as of the date of enactment of this Act through the national
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); and
(B) any other applicable law; and
(2) subject to such terms and conditions as the Secretary determines
to be appropriate.
(g) Education and Interpretive Center- The Secretary may develop and
construct an education and interpretive center to interpret the scientific
and cultural resources of the national monument for the public.
(h) Designation of Manager-
(1) IN GENERAL- As soon as practicable after the management plan is
developed under section 5(a), the Secretary shall designate an individual
as manager of the national monument.
(2) OTHER DUTIES- The manager designated under paragraph (1) shall
not be precluded from fulfilling other responsibilities within the
San Juan National Forest.
SEC. 5. MANAGEMENT PLAN.
(a) In General- Not later than 3 years after the date of enactment of
this Act, the Secretary, in consultation with Indian tribes with a cultural
or historic tie to Chimney Rock, shall develop a management plan for
the national monument.
(b) Public Comment- In developing the management plan, the Secretary
shall provide an opportunity for public comment by--
(1) State and local governments;
(2) tribal governments; and
(3) any other interested organizations and individuals.
SEC. 6. LAND ACQUISITION.
The Secretary may acquire land and any interest in land within or adjacent
to the boundary of the national monument by--
(1) purchase from willing sellers with donated or appropriated funds;
SEC. 7. WITHDRAWAL.
(a) In General- Subject to valid existing rights, all Federal land within
the national monument (including any land or interest in land acquired
after the date of enactment of this Act) is withdrawn from--
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) subject to subsection (b), operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Limitation- Notwithstanding subsection (a)(3), the Federal land
is not withdrawn for the purposes of issuance of gas pipeline rights-of-way
within easements in existence as of the date of enactment of this Act.
SEC. 8. EFFECT.
(1) IN GENERAL- Nothing in this Act affects any valid water rights,
including water rights held by the United States.
(2) RESERVED WATER RIGHT- The designation of the national monument
does not create a Federal reserved water right.
(b) Tribal Rights- Nothing in this Act affects--
(1) the rights of any Indian tribe on Indian land;
(2) any individually held trust land or Indian allotment; or
(3) any treaty rights providing for nonexclusive access to or within
the national monument by members of Indian tribes for traditional
and cultural purposes.
(c) Fish and Wildlife- Nothing in this Act affects the jurisdiction
of the State with respect to the management of fish and wildlife on
public land in the State.
(d) Adjacent Uses- Nothing in this Act--
(1) creates a protective perimeter or buffer zone around the national
(2) affects private property outside of the boundary of the national
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.