---
kind: "section"
citation: "16 U.S.C. § 410fff–2"
title: "16"
title_heading: "Conservation"
number: "410fff–2"
heading: "Establishment of Black Canyon of the Gunnison National Park"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410fff-2"
units:
  - "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"
---

# §410fff–2. Establishment of Black Canyon of the Gunnison National Park

- (a) **Establishment—**
  - (1) There is hereby established the Black Canyon of the Gunnison National [Park](/usc/16/410fff–1.md?p=3) in the [State](/usc/16/590q.md?p=a) of Colorado as generally depicted on the [map](/usc/16/410fff–1.md?p=2) identified in [section 410fff–1 of this title](/usc/16/410fff–1.md). 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](/usc/16/410fff–1.md?p=3), and any funds available for purposes of the monument shall be available for purposes of the [park](/usc/16/410fff–1.md?p=3).[^1]
  - (2) The boundary of the [Park](/usc/16/410fff–1.md?p=3) is revised to include the [addition](/usc/16/410r–5.md?p=c-2) of approximately 2,530 acres, as generally depicted on the [map](/usc/16/410fff–1.md?p=2) entitled “Black Canyon of the Gunnison National [Park](/usc/16/410fff–1.md?p=3) and Gunnison Gorge NCA Boundary Modifications” and dated April 2, 2003.
- (b) **Administration—** Upon enactment of this subchapter, the [Secretary](/usc/16/410fff–1.md?p=4) shall transfer the lands under the jurisdiction of the Bureau of Land Management which are identified on the [map](/usc/16/410fff–1.md?p=2) for inclusion in the [park](/usc/16/410fff–1.md?p=3)[^1] to the administrative jurisdiction of the National [Park](/usc/16/410fff–1.md?p=3) Service. The [Secretary](/usc/16/410fff–1.md?p=4) shall administer the [park](/usc/16/410fff–1.md?p=3)[^1] in accordance with this subchapter and laws generally applicable to [units](/usc/16/430f–7.md?p=4) of the National [Park](/usc/16/410fff–1.md?p=3) System, including the Act entitled “An Act to establish a National [Park](/usc/16/410fff–1.md?p=3) Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](/usc/16/1.md), 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](/usc/16/461.md) et seq.).[^2]
- (c) **Maps and legal description—** As soon as practicable after October 21, 1999, the [Secretary](/usc/16/410fff–1.md?p=4) shall file [maps](/usc/16/410fff–1.md?p=2) and a legal description of the [park](/usc/16/410fff–1.md?p=3)[^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](/usc/16/410fff–1.md?p=2) and legal description shall have the same force and effect as if included in this subchapter, except that the [Secretary](/usc/16/410fff–1.md?p=4) may correct clerical and typographical errors in such legal description and [maps](/usc/16/410fff–1.md?p=2). The [maps](/usc/16/410fff–1.md?p=2) and legal description shall be on file and available for public inspection in the appropriate offices of the National [Park](/usc/16/410fff–1.md?p=3) Service.
- (d) **Withdrawal—** Subject to valid existing rights, all [Federal lands](/usc/16/620e.md?p=2) within the [park](/usc/16/410fff–1.md?p=3)[^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)](#e-3), the [Secretary](/usc/16/410fff–1.md?p=4) shall allow the grazing of livestock within the [park](/usc/16/410fff–1.md?p=3)[^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](/usc/16/410fff–1.md?p=3) Service regulations.
    - (B) Nothing in this subsection shall be construed as extending grazing privileges for any party or their assignee in any [area](/usc/16/539m–1.md?p=1-A) of the [park](/usc/16/410fff–1.md?p=3)[^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](/usc/16/410fff–1.md?p=4) from accepting the voluntary termination of leases or permits for grazing within the [park](/usc/16/410fff–1.md?p=3).[^1]
    - (D) If land within the [Park](/usc/16/410fff–1.md?p=3) on which the grazing of livestock is authorized under permits or leases under [subparagraph (A)](#e-1-A) is exchanged for private land under [section 410fff–3(a) of this title](/usc/16/410fff–3.md?p=a), the [Secretary](/usc/16/410fff–1.md?p=4) shall transfer any grazing privileges to the land acquired in the exchange.
  - (2) Within [areas](/usc/16/539m–1.md?p=1-A) of the [park](/usc/16/410fff–1.md?p=3)[^1] designated as [wilderness](/usc/16/3102.md?p=13), 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](/usc/16/410fff–1.md?p=4) deems necessary, consistent with this subchapter, the Wilderness Act [[16 U.S.C. 1131](/usc/16/1131.md) et seq.], and other applicable laws and National [Park](/usc/16/410fff–1.md?p=3) Service regulations.
  - (3) With respect to the grazing permits and leases referenced in this subsection, the [Secretary](/usc/16/410fff–1.md?p=4) 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)](#e-3-A), [(B)](#e-3-B), or [(C)](#e-3-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.

## Footnotes

[^1]: So in original. The word “park” probably should be capitalized.
[^2]: See References in Text note below.
[^3]: So in original. Probably should be followed by closing quotation marks.

## 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.)

## Notes

### Editorial Notes

### 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 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), referred to in subsec. (b), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

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, approved August 21, 1935 (16 U.S.C. 461 et seq.), referred to in subsec. (b), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Wilderness Act, referred to in subsec. (e)(2), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 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.

### Codification

Section 4 of Pub. L. 108–128, which directed the amendment of section 4 of the “Black Canyon of the Gunnison National Park and Gunnison Gorge National Area Act of 1999”, was executed to this section, which is section 4 of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999, to reflect the probable intent of Congress. See 2003 Amendment notes below.

### Amendments

2003—Subsec. (a). Pub. L. 108–128, § 2(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (e)(1)(D). Pub. L. 108–128, § 4(a), added subpar. (D). See Codification note above.

Subsec. (e)(3). Pub. L. 108–128, § 4(b), added subpars. (B) and (C), redesignated former subpar. (B) as (D), and, in subpar. (D), substituted “corporation or” for “partnership, corporation, or” in three places and “subparagraphs (A), (B), or (C)” for “subparagraph (A)”. See Codification note above.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

### Transfer of Administrative Jurisdiction

Pub. L. 108–128, § 2(b), Nov. 17, 2003, 117 Stat. 1355, provided that: “On the date of enactment of this Act [Nov. 17, 2003], the Secretary shall transfer the land under the jurisdiction of the Bureau of Land Management identified as ‘Tract C’ on the map described in subsection (a)(2) [amending this section] to the administrative jurisdiction of the National Park Service for inclusion in the Black Canyon of the Gunnison National Park.”

### Access to Water Delivery Facilities

Pub. L. 108–128, § 5, Nov. 17, 2003, 117 Stat. 1357, provided that: “The Commissioner of Reclamation shall retain administrative jurisdiction over the Crystal Dam Access Road and land, facilities, and roads of the Bureau of Reclamation in the East Portal area, including the Gunnison Tunnel, and the Crystal Dam area, as depicted on the map entitled ‘Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications’, and dated April 2, 2003, for the maintenance, repair, construction, replacement, and operation of any facilities relating to the delivery of water and power under the jurisdiction of the Bureau of Reclamation.”