< Back to H.R. 5223 (111th Congress, 2009–2010)

Text of the Chimney Rock National Monument Act of 2010

This bill was introduced on May 5, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 5, 2010 (Introduced).

Source: GPO

I

111th CONGRESS

2d Session

H. R. 5223

IN THE HOUSE OF REPRESENTATIVES

May 5, 2010

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To establish the Chimney Rock National Monument in the State of Colorado.

1.

Short title; table of contents

(a)

Short title

This Act may be referred to as the Chimney Rock National Monument Act of 2010.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Establishment of Chimney Rock National Monument.

Sec. 5. Limitations on effect and scope of Act.

Sec. 6. Management and use of National Monument.

Sec. 7. Development of management plan.

Sec. 8. Acquisition of land.

Sec. 9. Authorization of appropriations.

2.

Findings

Congress finds the following:

(1)

Chimney Rock in Southwestern Colorado contains nationally significant archeological, geologic, biological, cultural, educational, recreational, visual, and scenic value.

(2)

The unique, thousand-year-old Ancestral Puebloan community located beneath the prominent Chimney Rock Pinnacles, with its dramatic 360 degree view of the surrounding landscape, provides an outstanding opportunity to enhance understanding and appreciation of the prehistory of North America and the accomplishments of Native American cultures during that period.

(3)

The Chimney Rock Ancestral Puebloan community is one of the largest Pueblo II period (900–1150 AD) communities in southwestern Colorado and one of the finest examples of a Chacoan system Outlier. The Chacoan system was a complex system of interdependent communities bound by economic, social, political, and religious relationships. Chimney Rock contains many outstanding hallmarks of the Chacoan system and significant archeological resources of other periods.

(4)

The design of the Chimney Rock Ancestral Puebloan community incorporates Ancestral Puebloan knowledge of astronomy. The twin Chimney Rock Pinnacles, for example, appear to have served as a frame for viewing astronomical alignments.

(5)

Ancestral Puebloan culture is part of the heritage of many Southwestern Indian cultures, and has influenced the culture, art and architecture of the Western United States.

(6)

The Chimney Rock Ancestral Puebloan community has special value for the Puebloan and Tribal people of today.

(7)

Chimney Rock provides a dramatic record of geological and astronomical time.

(8)

Chimney Rock is a natural laboratory that provides exceptional opportunities for scientific study in the fields of geology, ecology, prehistoric archeology, and the ways in which they interrelate.

(9)

Chimney Rock provides abundant opportunities to enhance the understanding and appreciation by the public of the achievements and ways of life of the Ancestral Puebloans, in a rugged and spectacular landscape.

(10)

Chimney Rock has long been maintained through community care and management. Volunteers and volunteer organizations have provided outstanding educational and interpretive programs and site stewardship, and have encouraged academic scientific investigation.

3.

Definitions

For purposes of this Act—

(1)

the term Secretary means the Secretary of Agriculture; and

(2)

the term National Monument means the Chimney Rock National Monument.

4.

Establishment of Chimney Rock National Monument

(a)

Establishment

In order to preserve, protect, and restore the archeological, anthropological, geologic, hydrologic, biological, visual, and scenic resources of Chimney Rock, and to enable the public (to the extent consistent with the preceding purposes) to fully realize the scientific, cultural, educational, recreational, visual, and scenic value of those resources, there is hereby designated the Chimney Rock National Monument.

(b)

Lands and interests in land included in National Monument

(1)

Lands and interests in land within certain boundaries

The National Monument shall consist of all Federal lands and interests in lands located within its boundaries. The boundaries of the National Monument shall be the boundaries depicted on the map entitled Boundary Map, Chimney Rock National Monument, dated November 24, 2009, as adjusted pursuant to paragraph (2).

(2)

Adjustment of boundaries

(A)

Inclusion of archeological resources

The Secretary may make minor adjustments to the boundaries of the National Monument to include significant archeological resources discovered on public land adjacent to the National Monument after the date of the enactment of this Act.

(B)

Inclusion of acquired lands and interests

The Secretary shall adjust the boundaries of the National Monument to include any land or interest in land acquired under section 8.

(3)

Legal descriptions and map

(A)

Preparation and submission of legal descriptions

As soon as practicable after the date of the enactment of this Act, the Secretary shall use the map referred to in paragraph (1) to prepare legal descriptions of the boundaries of the National Monument. The Secretary shall submit the legal descriptions to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

(B)

Availability of map for public inspection

The Secretary shall make the map referred to in paragraph (1) available for public inspection in appropriate offices of the United States Forest Service.

(C)

Correction of clerical and typographical errors

The Secretary may correct clerical and typographical errors in the legal descriptions and map referred to in subparagraph (A) and paragraph (1), respectively.

(c)

Designation of manager

The Secretary shall designate an individual as manager of the National Monument as soon as practicable after development of the management plan under section 7(a).

5.

Limitations on effect and scope of Act

(a)

No interference with property rights

No provision of this Act shall interfere with the following:

(1)

The property rights of any Indian reservation.

(2)

Property rights in any individually held trust lands or other Indian allotments.

(3)

Any interest in land held by the State of Colorado or by any political subdivision or special district of the State of Colorado.

(4)

Any private property rights in property adjacent to the National Monument.

(5)

The fish and wildlife rights of the State of Colorado or any tribal government.

(b)

Scope of Act

No provision of this Act—

(1)

grants the Secretary new authority over non-Federal lands; or

(2)

creates any Federal reserved water rights.

6.

Management and use of National Monument

(a)

Management and authorization of uses

The Secretary shall manage and authorize uses of the National Monument (including any use under subsection (c)) as a unit of the San Juan National Forest in conformance with the following:

(1)

The purposes described in section 4(a).

(2)

The management plan developed under section 7(a).

(3)

Public Law 96–550 (16 U.S.C. 410ii et seq.).

(4)

The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).

(5)

The policy expressed in the American Indian Religious Freedom Act (42 U.S.C. 1996).

(6)

Treaties providing for nonexclusive access to the National Monument by Indians for traditional and cultural purposes.

(b)

Vegetation management

The Secretary may carry out vegetative management treatments within the National Monument, except that timber harvest and the use of prescribed fire may only be used when the Secretary determines it necessary to address the risk of wildfire, insects, or diseases that would endanger the National Monument or imperil public safety.

(c)

Authorized uses

All uses of the National Monument other than those authorized by the Secretary shall be prohibited. Authorized uses of the National Monument may include the following:

(1)

Construction of a visitor’s center and related exhibit and curatorial facilities to interpret the scientific and cultural resources of the National Monument for the benefit of the general public.

(2)

Scientific research (including archeological research) and educational and interpretive uses.

(3)

Acquisition, consolidation, and display of artifacts found within the National Monument.

(4)

The recreational and administrative use of mountain bikes and motorized vehicles.

(5)

Installation, construction, and maintenance of a public utility right of way within the National Monument for a purpose described in section 4(a) if the Secretary determines that—

(A)

there is no route outside of the National Monument that will accomplish the purpose; or

(B)

the right of way will be located along a State highway crossing the National Monument.

(6)

Grazing uses, through issuance and administration by the Secretary of grazing leases or permits.

(d)

Prohibition on entry, appropriation, disposal, and other uses

The Federal lands and interests in lands located within the boundaries of the National Monument are hereby withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the public land mining laws; and

(3)

operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.

7.

Development of management plan

(a)

Requirement

Not later than 3 years after the date of the enactment of this Act, the Secretary, in consultation with Indian tribes with a cultural or historic tie to the National Monument, shall develop a management plan for the management and authorization of uses of the National Monument under section 4(a).

(b)

Opportunity for comment

In developing the management plan, the Secretary shall provide an opportunity for comment to local governments, tribal governments, the State of Colorado, and other local, State, and national organizations with an interest in the management and use of the National Monument.

(c)

Contents

The management plan shall—

(1)

identify authorized uses for the National Monument;

(2)

provide for the continued use of the National Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials;

(3)

specify permitted uses of artifacts, including whether certain artifacts may be displayed for educational purposes;

(4)

identify visitor carrying capacities; and

(5)

designate roads and trails for public and administrative use.

8.

Acquisition of land

The Secretary may acquire State, local government, tribal, and privately held land or interests in land, including conservation easements, contiguous to the boundaries of the National Monument, for inclusion in the National Monument only by—

(1)

donation;

(2)

exchange with a willing party; or

(3)

purchase from a willing seller.

9.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.