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112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-473
CHIMNEY ROCK NATIONAL MONUMENT ESTABLISHMENT ACT
May 10, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2621]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2621) to establish the Chimney Rock National
Monument in the State of Colorado, 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 all after the enacting clause and insert the
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chimney Rock National Monument
SEC. 2. DEFINITIONS.
In this Act:
(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
(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 National Monument--
(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
(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 the 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
(B) in accordance with--
(i) this Act; and
(ii) any laws generally applicable to the
National Forest System; and
(2) allow only such uses of the national monument that the
Secretary determines would further the purposes described in
(b) Tribal Uses.--
(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
(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 the enactment of this
(1) subject to all applicable laws (including regulations);
(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 the enactment of this Act
through the national monument--
(1) in accordance with--
(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) Volunteers.--The Secretary shall allow for the continued access
and work of volunteers at the national monument.
(h) Research.--Scientific research, including archeological research,
educational, and interpretive uses shall be permitted within the
(i) Other Administrative Costs.--Any signs, fixtures, alterations, or
additions needed in connection with the designation or advertisement of
the Monument shall be paid for only with non-Federal funds or amounts
made available for such purposes in prior Acts of appropriation.
(j) Designation of Manager.--As soon as practicable after the
management plan is developed under section 5(a), the Secretary shall
designate an employee of the Department of Agriculture whose duties
shall include acting as the point of contact for the management of the
(k) Other Recreational Uses.--The Secretary shall allow continued use
of the national monument for hunting, fishing, and other recreational
uses authorized on the date of the enactment of this Act, except that
the Secretary may implement temporary emergency closures or
restrictions of the smallest practicable area to provide for public
safety, resource conservation, or other purposes authorized by law.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--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 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
(2) donation; or
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 the enactment of this Act) is withdrawn
(1) entry, appropriation, or disposal under the public land
(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 the enactment of
SEC. 8. EFFECT.
(a) Water Rights.--
(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 monument; or
(2) affects private property outside of the boundary of the
PURPOSE OF THE BILL
The purpose of H.R. 2621, as ordered reported, is to
establish the Chimney Rock National Monument in the State of
BACKGROUND AND NEED FOR LEGISLATION
The Chimney Rock National Monument Establishment Act (H.R.
2621) would designate 4,726 acres within the San Juan National
Forest in southwestern Colorado as the Chimney Rock National
Monument. The area is currently managed as the San Juan
National Forest Archaeological Area in conjunction with the
Chimney Rock Interpretive Association, which operates an
interpretive program under a special-use permit from the U.S.
Forest Service. The site currently hosts over 10,000 visitors
annually. The legislation directs the Forest Service to manage
the monument to ``preserve, protect, and restore the
archaeological, cultural, historic, geologic, hydrologic,
natural, educational, and scenic resources of Chimney Rock,''
as well as provide for public interpretation and recreation
consistent with the monument designation.
The legislation does allow for vegetation management,
including limited timber harvest, within the monument for
ecosystem restoration and to control fire, insects, or disease,
in addition to allowing for motor vehicle use, grazing, and
upgrades to utility right-of-ways. The bill also includes
language specifying that the designation shall not affect
tribal rights, water rights, State management of fish and
wildlife, and adjacent uses/private property outside the
During full committee consideration of H.R. 2621, the
committee adopted an amendment offered by Congressman Rob
Bishop (R-UT) that corrects a reference to the appropriate
Secretary and further clarifies that the Secretary shall
continue to allow hunting, fishing and other recreational uses
that were authorized within the area to be designated.
H.R. 2621 was introduced on July 21, 2011, by Congressman
Scott Tipton (R-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On November 3,
2011, the Subcommittee held a hearing on the bill. On April 25,
2012, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on National Parks, Forests and Public
Lands was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered amendment designated #1 to the bill; the
amendment was approved by unanimous consent. The bill, as
amended, was then adopted and ordered favorably reported to the
House of Representatives by unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 2621--Chimney Rock National Monument Establishment Act
H.R. 2621 would establish the Chimney Rock National
Monument within the San Juan National Forest in southern
Colorado. The legislation would require the Forest Service to
complete a management plan for the monument and would withdraw
federal lands that make up the monument (about 5,000 acres)
from disposal, mining, or mineral leasing.
Based on information provided by the Forest Service, CB0
estimates that implementing the legislation would not have a
significant impact on the federal budget. Enacting H.R. 2621
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
CBO estimates that completing the management plan for
Chimney Rock National Monument would cost about $310,000 over
the next three years. Currently, the Chimney Rock
Archaeological Area is managed by volunteers and the Forest
Service and it contains a visitor center and a gravel road to
access the area. CB0 expects that implementing the legislation
could eventually lead to a need for expanded trails and
increased interpretive displays. However, CBO estimates that
such activities would have an insignificant impact on the
federal budget over the next five years. CB0 does not expect
that, under current law, the affected lands would generate any
offsetting receipts from disposal, mining, and mineral leasing
activities over the next 10 years. Thus, we estimate that
enacting the legislation would not affect direct spending.
H.R. 2621 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. Based on
information provided by the U.S. Forest Service, CBO estimates
that implementing the legislation would not have a significant
impact on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to establish
the Chimney Rock National Monument in the State of Colorado.
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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 any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing