DRAFT Curecanti National Recreation Area Designation and Protection Act Beginning in the late 1950s, the U.S.

Bureau of Reclamation began acquiring land along a 40 mile stretch of the Gunnison River between the Black Canyon of the Gunnison and the City of Gunnison for the construction of what would become the Wayne Aspinall Unit of the Colorado River Storage Project. Blue Mesa dam was the first of the three dams comprising the Aspinall unit to be completed in 1965, creating the largest body of water in Colorado (Blue Mesa Reservoir) along the rolling mesa that gradually transitions to the steep and dark cliffs of the Black Canyon of the Gunnison National Park. Two more dams are downstream, Crystal and Morrow Point, creating a varied and ideal area for various types of outdoor recreation. Recognizing the areas recreational value, Secretary of the Interior Stewart Udall created Curecanti National Recreation Area (NRA) in 1965 by Secretarial Order and it has operated under a Memorandum of Agreement between NPS and Bureau of Reclamation ever since. NPS has managed the recreational, cultural, historic and scenic resources and Reclamation has managed the dams, power plants and related infrastructure. However, the boundaries of Curecanti NRA nor the role of NPS have ever been defined by Congress, which has limited the ability of NPS to fully protect the resources its charged with managing. In 1999, the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act was signed into law, which included a study of how best to protect neighboring Curecanti NRA. The Curecanti NRA Resource Protection Study and Environmental Impact Study was released in 2008 and recommends that Congress pass legislation defining the boundaries of the park and NPSs authority. While Curecanti NRA has functioned well under NPS management, a number of issues need to be resolved through legislation. Currently, over 10,000 acres of land managed by the U.S. Forest Service, Bureau of Land Management, and the Colorado Division of Parks and Wildlife are adjacent to Curecanti NRA, and all parties believe these lands would be better managed by NPS as contiguous parts of Curecanti NRA. This legislation would allow the transfer of these parcels to NPS, streamlining management of Curecanti NRA and facilitating improved protection of its unique resources. In addition to resolving the boundary and land management issues within Curecanti NRA, legislation would also enable NPS to work with willing landowners neighboring the park to help protect and conserve their property as well. The proposed Conservation Opportunity Area (COA) would allow NPS and willing landowners to work collaboratively to conserve private lands around Curecanti NRA to help maintain or improve wildlife habitat, water quality, natural scenery and other important resources. Participation of landowners is completely voluntary. The COA could help improve conservation of up to 24,300 acres of private land. Moreover, by designating Curecanti a National Recreation Area and defining its borders through legislation, the continued preservation of this ideal recreational resource will be assured for future generations of Coloradans to enjoy.

112th Congress 2nd Session

S._________

To establish the boundary of the Curecanti National Recreation Area, and for other purposes. IN THE SENATE OF THE UNITED STATES Mr. Udall introduced the following bill; which was read twice and referred to the Committee on ____________________

A Bill
To establish the boundary of the Curecanti National Recreation Area, and for other purposes.

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 Curecanti National Recreation Area Boundary Establishment Act of 2012. SEC. 2. FINDINGS. Congress finds that: (1) since 1965, the National Park Service has been co-managing the Curecanti National Recreation Area under agreements with the Bureau of Reclamation; (2) the Curecanti National Recreation Area has never been legislatively established; (3) On October 21, 1999, section 11 of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Act of 1999 (16 U.S.C. 410fff-9) directed the National Park Service to conduct a study

(A) to assess the natural, cultural, recreational, and scenic resource value and character of the land within and surrounding Curecanti National Recreation Area; and (B) to identify and recommend a variety of alternatives and tools to protect those resource values and the character of the land; (4) the Curecanti National Recreation Area includes an abundance of natural, historic, and archeological features in a setting of canyons, pinnacles, cliffs and mesas, offering the public opportunities for recreation and reflection within its scenic landscape; and (5) the National Park Service, in cooperation with the Bureau of Reclamation, completed the Curecanti resource protection study and environmental impact statement, and in October 2009 submitted to Congress a report recommending that Congress pass enabling legislation for the National Recreation Area. SEC. 3. DEFINITIONS. In this Act: (1) MAP.The term map means the map entitled Curecanti National Recreation Area, Proposed Boundary, numbered 616/100485A, and dated December 8, 2011. (2) NATIONAL RECREATION AREA.The term national recreation area means the Curecanti National Recreation Area, established in section 4. (3) CONSERVATION OPPORTUNITY AREA. The term conservation opportunity area means the Curecanti Conservation Opportunity Area established in section 4. (4) SECRETARY.The term Secretary means the Secretary of the Interior. SEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO. (a) ESTABLISHMENT.There is established the Curecanti National Recreation Area in the State of Colorado, as a unit of the National Park System, consisting of approximately 50,667acres, as generally depicted on the map.

(b) CONSERVATION OPPORTUNITY AREA.There is further established a Conservation Opportunity Area, consisting of approximately 24,300 acres that are outside of but adjacent to the boundary of the national recreation area, as generally depicted on the map. (c) AVAILABILITY OF MAP.The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) IN GENERAL.The Secretary shall administer the national recreation area in accordance with (1) this Act; (2) the management agreements described in this section; and (3) the laws (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) DAM, POWERPLANT, AND RESERVOIR MANAGEMENT AND OPERATIONS. (1) Nothing in this Act affects or interferes with the authority of the Secretary under (A) the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and the Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), to operate the Uncompahgre Valley Reclamation Project; or (B) the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act) (43 U.S.C. 620 et seq.), to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project. (C) the Act of July 9, 1965 (commonly known as the Federal Water Recreation Act of 1965, P.L. 89-72, 79 Stat. 213)

(2) All land within the national recreation area that are withdrawn or acquired by the United States for reclamation purposes shall remain available to the Bureau of Reclamation for its authorized purposes as long as they are needed for such purposes, and the Bureau of Reclamation and its assigns shall retain unrestricted access to such withdrawn or acquired lands needed for reclamation purposes, including operations; maintenance; and expansion or replacement of facilities. (c) MANAGEMENT AGREEMENTS. (1) IN GENERAL.The Secretary may enter into, or modify existing, management agreements involving the National Park Service, the Bureau of Reclamation, the Bureau of Land Management, or the Forest Service to manage federal land within, adjacent to, or near the boundary of the national recreation area. (2) STATE LAND.The Secretary may enter into cooperative management agreements for any land administered by the State of Colorado that is within, adjacent to, or near the national recreation area, pursuant to the cooperative management authority under section 3(1) of Public Law 91-383 (commonly known as the National Park System General Authorities Act) (16 U.S.C. 1a-2(1)). (d) RECREATIONAL ACTIVITIES. (1) IN GENERAL. The Secretary shall allow boating, boating-related activities, hunting, and fishing within the national recreation area in accordance with applicable Federal and State laws. (2) EXCEPTION. The Secretary may designate zones where, and establish periods when, no boating, hunting, or fishing shall be permitted. (e) CONSERVATION OPPORTUNITY AREA. Within the boundaries of the conservation opportunity area established under this Act, the Secretary may

(1) acquire land, or interests in land, as provided for under section 6; and (2) provide technical assistance to land owners, in order to conserve resources and values identified as important to the national recreation area. (f) WITHDRAWAL. Subject to valid existing rights, all federal lands within the national recreation area are withdrawn from (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing. (g) GRAZING. (1) STATE OR PRIVATE LANDS.On State or private land acquired for the national recreation area on which authorized grazing is occurring on the date prior to the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2) FEDERAL LAND. (A) IN GENERAL. On Federal land located within the boundary of the national recreation area on which grazing is allowed on the date prior to the date of the enactment of this Act, the Secretary may allow the continuation of grazing. (B) EXCEPTION. The Secretary shall not allow the continuation of grazing on Federal land located within the boundary of the national recreation area if the Secretary determines that grazing would harm the resources or land characteristics of the national recreation area.

(3) TERMINATION OF LEASES. The Secretary shall have the authority to accept the voluntary termination of a lease or permit for grazing, or in the case of a lease or permit vacated for a period of 3 years or more, to terminate said lease or permit. SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT. (a) ACQUISITION OF PROPERTY. (1) IN GENERAL. The Secretary may acquire land, or interests in land, within the boundary of the national recreation area or the conservation opportunity area. (2) ADJUSTMENT OF BOUNDARY.Land acquired within the conservation opportunity area shall be added to the national recreation area and the boundary of the national recreation area shall be adjusted accordingly. (b) MANNER OF ACQUISITION. (1) IN GENERAL.Land identified in subsection (a) may be acquired by (A) donation; (B) purchase from willing sellers with donated or appropriated funds; (C) transfer from another Federal agency; or (D) exchange. (2) STATE PROPERTY.Land or interests in land owned by the State of Colorado, or a political subdivision of the State, may only be acquired by donation or exchange. (c) TRANSFER OF ADMINISTRATIVE JURISDICTION. (1) Administrative jurisdiction over approximately 2,560 acres of land identified on the map as U.S. Forest Service proposed transfer to the National Park Service is transferred to the Secretary to be administered by the National Park Service as part of the national recreation area. The boundaries of the Gunnison National Forest are adjusted to exclude the transferred land.

(2) Administrative jurisdiction over approximately 5,040 acres of land identified on the map as Bureau of Land Management proposed transfer to National Park Service is transferred from the Bureau of Land Management to the National Park Service to be administered as part of the national recreation area. (3) Administrative jurisdiction over land identified on the map as Proposed for transfer to the Bureau of Land Management, subject to the revocation of Bureau of Reclamation withdrawal shall be transferred to the Bureau of Land Management upon relinquishment by the Bureau of Reclamation and revocation by the Bureau of Land Management of the withdrawal. (d) POTENTIAL LAND EXCHANGE.If the withdrawal of land identified on the map as Potential Exchange Lands is relinquished by the Bureau of Reclamation and revoked by the Bureau of Land Management, the land (1) shall be transferred to the National Park Service; (2) may be exchanged, subject to a conservation easement and in accordance with laws, regulations and policies governing National Park Service land exchanges, for privately owned lands of equal or greater value within the conservation opportunity area; (3) if exchanged, as authorized in this subsection, shall be included in the boundary of the conservation opportunity area; and (4) if not exchanged, shall be included in the boundary of the national recreation area. SEC. 7. GENERAL MANAGEMENT PLAN. Not later than 3 years after the date on which funds are made available to carry out this Act, the National Park Service, in consultation with the Bureau of Reclamation, shall prepare a General Management Plan for the national recreation area in accordance with section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)) and Section 5 of this Act.

SEC. 8. BOUNDARY SURVEY. Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary, acting through the National Park Service, shall prepare a boundary survey of the national recreation area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.