§ 410fff-2. — Establishment of Black Canyon of the Gunnison National Park.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410fff-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-DD--BLACK CANYON OF THE GUNNISON NATIONAL PARK AND
GUNNISON GORGE NATIONAL CONSERVATION AREA
Sec. 410fff-2. Establishment of Black Canyon of the Gunnison
National Park
(a) Establishment
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.
(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 to the administrative
jurisdiction of the National Park Service. The Secretary shall
administer the park in accordance with this subchapter and laws
generally applicable to units of the National Park System, including
sections 1, 2, 3, 4, and 461 to 467 of this title.
(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 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
are hereby withdrawn from all forms of entry, appropriation, or disposal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 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 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.
(2) Within areas of the park 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; and
(B) with respect to a permit or lease issued to a partnership,
corporation, or other legal entity, for a period which shall
terminate on the same date that the last permit or lease held under
subparagraph (A) terminates, unless the partnership, corporation, or
legal entity dissolves or terminates before such time, in which case
the permit or lease shall terminate with the partnership,
corporation, or legal entity.
(Pub. L. 106-76, Sec. 4, Oct. 21, 1999, 113 Stat. 1127.)
References in Text
Upon enactment of this subchapter, referred to in subsec. (b), was
in the original ``upon enactment of this title'', which was translated
as reading ``upon enactment of this act'', meaning upon enactment of
Pub. L. 106-76, which was approved Oct. 21, 1999, to reflect the
probable intent of Congress.
The public land laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in subsec.
(d), are classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (d), are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30, Mineral Lands
and Mining.
The Wilderness Act, referred to in subsec. (e)(2), is Pub. L. 88-
577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified
generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 460fff-1 of this title.
