Sec. 402. Curecanti National Recreation Area
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Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this Act, consisting of approximately 50,667 acres of land in the State, as generally depicted on the map as Curecanti National Recreation Area Proposed Boundary . The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
The Secretary shall administer the National Recreation Area in accordance with— this title; and the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code. Nothing in this title affects or interferes with the authority of the Secretary— to operate the Uncompahgre Valley Reclamation Project under the reclamation laws; to operate the Wayne N.
Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq.); or under the Federal Water Project Recreation Act ( 16 U.S.C. 460l–12 et seq.). If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as Lands withdrawn or acquired for Bureau of Reclamation projects that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may— approve, approve with modifications, or disapprove the request; and if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission.
Administrative jurisdiction over the land identified on the map as Lands withdrawn or acquired for Bureau of Reclamation projects , as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act. Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause
(I)for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities. The terms of the access authorized under item
(aa)shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act. The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area. The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code. Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws. The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph
(A)for reasons of public safety, administration, or compliance with applicable laws. Except in the case of an emergency, any closure proposed by the Secretary under clause
(i)shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with— the appropriate State agency responsible for hunting and fishing activities; and the Board of County Commissioners in each county in which the zone is proposed to be designated. On the written request of an individual that owns private land located not more than 3 miles from the boundary of the National Recreation Area, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area— by acquiring all or a portion of the private land or interests in private land located not more than 3 miles from the boundary of the National Recreation Area by purchase, exchange, or donation, in accordance with section 403; by providing technical assistance to the individual, including cooperative assistance; through available grant programs; and by supporting conservation easement opportunities. Subject to valid existing rights, all Federal land within the National Recreation Area is withdrawn from— entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. If State land acquired under this title is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. A lessee of State land may continue its use of established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require. The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 403, if grazing was established before the date of acquisition. On private land acquired under section 403 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law (including regulations). The Secretary shall— allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled Management Policies 2006: The Guide to Managing the National Park System ) to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and retain all authorities to manage grazing in the National Recreation Area. Within the National Recreation Area, the Secretary may— 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 or more years, terminate the lease or permit. Nothing in this title— affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water; affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; affects any interstate water compact in existence on the date of enactment of this Act; authorizes or imposes any new reserved Federal water right; or shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act. Nothing in this title diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) (70 Stat. 110, chapter 203; 43 U.S.C. 620g ), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the program ). The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program. Not later than 1 year after the date of enactment of this Act, the Secretary shall— develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B); and submit to Congress a report that— includes the plan developed under clause (i); and describes any progress made in the acquisition of public access fishing easements as mitigation for the Aspinall Unit under the program.
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U.S. Code
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- 16 USC 460l–12
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Sec. 402
Curecanti National Recreation Area
Cite16 USC 460l–12
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