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16 U.S.C. § 410fff–2 — Establishment of Black Canyon of the Gunnison National Park

submitted 27 years ago by Pub. L. 106-76 to r/title-16-CONSERVATION · 871 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress creates Black Canyon of the Gunnison National Park in Colorado. It replaces the old national monument and adds about 2,530 acres. Federal land there is closed to new mining, and existing grazing permits may continue at current levels.

(a) Establishment: (1) Congress creates the Black Canyon of the Gunnison National Park in Colorado, as shown on the map named in section 410fff–1. The old Black Canyon of the Gunnison National Monument is abolished, and its land and interests become part of the new park; any money available for the monument becomes available for the park. (2) The park's boundary is expanded by about 2,530 acres, as shown on a map dated April 2, 2003.
(b) Administration: Once this law takes effect, the Secretary must transfer land under Bureau of Land Management control that's marked for the park to National Park Service control. The Secretary must run the park under this law and the general laws for National Park System units, including the 1916 National Park Service Act and the 1935 historic preservation Act.
(c) Maps and legal description: As soon as practical after October 21, 1999, the Secretary had to file maps and a legal description of the park with the Senate Energy and Natural Resources Committee and the House Resources Committee. These documents count as legally part of this law, except the Secretary can fix clerical and typing errors in them. They must be kept on file for public viewing at National Park Service offices.
(d) Withdrawal: Except for valid existing rights, all federal land in the park is removed ("withdrawn") from the public land laws that let people enter, claim, or acquire land; from the mining laws that allow staking mining claims; and from all laws about leasing minerals and geothermal resources.
(e) Grazing: (1)(A) The Secretary must let livestock grazing continue in the park where it was already authorized by a permit or lease as of October 21, 1999, subject to the limit in (3) below. Grazing can't exceed the current level and must follow applicable laws and Park Service rules. (B) This subsection doesn't extend grazing rights for anyone whose use, before October 21, 1999, was already scheduled to end under a U.S. Claims Court settlement covering land that became part of the old monument. (C) This subsection doesn't stop the Secretary from accepting a grazier's voluntary decision to give up their permit or lease. (D) If land in the park with an authorized grazing permit or lease is later traded for private land under section 410fff–3(a), the Secretary must transfer the grazing privileges to the newly acquired land.
(2) Inside park areas designated as wilderness, grazing already authorized by permit as of October 21, 1999 may continue, subject to reasonable rules the Secretary sets, consistent with this law, the Wilderness Act, and other applicable laws and Park Service rules.
(3) For the grazing permits and leases covered by this subsection, the Secretary must let grazing continue, subject to periodic renewal: (A) for an individual permit or lease holder, for that person's lifetime; (B) for the permit or lease held by LeValley Ranch Ltd., for the lifetime of its last surviving limited partner as of October 21, 1999; (C) for the permit or lease held by Sanburg Herefords, L.L.P., for the lifetime of its last surviving general partner as of October 21, 1999; and (D) for a permit or lease held by a corporation or other legal entity, until whichever of the permits or leases under (A), (B), or (C) ends last — unless the corporation or entity dissolves or ends sooner, in which case the permit or lease ends with it.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment
(1)

There is hereby established the Black Canyon of the Gunnison National Park in the State of Colorado as generally depicted on the map identified in section 410fff–1 of this title. The Black Canyon of the Gunnison National Monument is hereby abolished as such, the lands and interests therein are incorporated within and made part of the new Black Canyon of the Gunnison National Park, and any funds available for purposes of the monument shall be available for purposes of the park.1

(2)

The boundary of the Park is revised to include the addition of approximately 2,530 acres, as generally depicted on the map entitled “Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications” and dated April 2, 2003.

(b) Administration

Upon enactment of this subchapter, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management which are identified on the map for inclusion in the park 1 to the administrative jurisdiction of the National Park Service. The Secretary shall administer the park 1 in accordance with this subchapter and laws generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1, 2–4),2 and the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes,3 approved August 21, 1935 (16 U.S.C. 461 et seq.).2

(c) Maps and legal description

As soon as practicable after October 21, 1999, the Secretary shall file maps and a legal description of the park 1 with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in such legal description and maps. The maps and legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(d) Withdrawal

Subject to valid existing rights, all Federal lands within the park 1 are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto.

(e) Grazing
(1)
(A)

Consistent with the requirements of this subsection, including the limitation in paragraph (3), the Secretary shall allow the grazing of livestock within the park 1 to continue where authorized under permits or leases in existence as of October 21, 1999. Grazing shall be at no more than the current level, and subject to applicable laws and National Park Service regulations.

(B)

Nothing in this subsection shall be construed as extending grazing privileges for any party or their assignee in any area of the park 1 where, prior to October 21, 1999, such use was scheduled to expire according to the terms of a settlement by the United States Claims Court affecting property incorporated into the boundary of the Black Canyon of the Gunnison National Monument.

(C)

Nothing in this subsection shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the park.1

(D)

If land within the Park on which the grazing of livestock is authorized under permits or leases under subparagraph (A) is exchanged for private land under section 410fff–3(a) of this title, the Secretary shall transfer any grazing privileges to the land acquired in the exchange.

(2)

Within areas of the park 1 designated as wilderness, the grazing of livestock, where authorized under permits in existence as of October 21, 1999, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, consistent with this subchapter, the Wilderness Act [16 U.S.C. 1131 et seq.], and other applicable laws and National Park Service regulations.

(3)

With respect to the grazing permits and leases referenced in this subsection, the Secretary shall allow grazing to continue, subject to periodic renewal—

(A)

with respect to a permit or lease issued to an individual, for the lifetime of the individual who was the holder of the permit or lease on October 21, 1999;

(B)

with respect to the permit or lease issued to LeValley Ranch Ltd., for the lifetime of the last surviving limited partner as of October 21, 1999;

(C)

with respect to the permit or lease issued to Sanburg Herefords, L.L.P., for the lifetime of the last surviving general partner as of October 21, 1999; and

(D)

with respect to a permit or lease issued to a corporation or other legal entity, for a period which shall terminate on the same date that the last permit or lease held under subparagraphs (A), (B), or (C) terminates, unless the corporation or legal entity dissolves or terminates before such time, in which case the permit or lease shall terminate with the corporation or legal entity.

Source credit: (Pub. L. 106–76, § 4, Oct. 21, 1999, 113 Stat. 1127; Pub. L. 108–128, §§ 2(a), 4, Nov. 17, 2003, 117 Stat. 1355, 1356.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-76 · 113 Stat. 1127
  • 2003Amended · Pub. L. 108-128 · 117 Stat. 1355, 1356

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-76 on 1999-10-21.

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