[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3065 Reported in Senate (RS)]






                                                       Calendar No. 997
110th CONGRESS
  2d Session
                                S. 3065

To establish the Dominguez-Escalante National Conservation Area and the 
                   Dominguez Canyon Wilderness Area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2008

  Mr. Salazar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish the Dominguez-Escalante National Conservation Area and the 
                   Dominguez Canyon Wilderness Area.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Dominguez-Escalante 
National Conservation Area and Dominguez Canyon Wilderness Area 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) certain areas located in Mesa, Montrose, and 
        Delta Counties, Colorado, should be protected and enhanced for 
        the benefit and enjoyment of present and future 
        generations;</DELETED>
        <DELETED>    (2) the land that comprises the Dominguez-
        Escalante National Conservation Area established by section 
        4(a)(1)--</DELETED>
                <DELETED>    (A) contains unique and valuable 
                paleontological, natural, and wildlife components, 
                which are enhanced by the rural western setting of the 
                area;</DELETED>
                <DELETED>    (B) provides extensive opportunities for 
                recreational activities, including along the nationally 
                renowned Tabeguache Trail;</DELETED>
                <DELETED>    (C) is publicly used for hiking, 
                bicycling, camping, and grazing; and</DELETED>
                <DELETED>    (D) is worthy of additional protection as 
                a national conservation area; and</DELETED>
        <DELETED>    (3) the land that comprises the Dominguez Canyon 
        Wilderness Area designated by section 5(a)--</DELETED>
                <DELETED>    (A) has wilderness value; and</DELETED>
                <DELETED>    (B) offers unique geological, 
                archaeological, paleontological, fish and wildlife, 
                riparian, water, scientific, and recreational 
                resources.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to establish the 
Dominguez-Escalante National Conservation Area and the Dominguez Canyon 
Wilderness Area in the State, to be administered as part of the 
National Landscape Conservation System to conserve and protect for the 
benefit and enjoyment of present and future generations--</DELETED>
        <DELETED>    (1) the unique and nationally important values of 
        certain public land in the Mesa, Montrose, and Delta Counties, 
        Colorado (including the geological, cultural, archaeological, 
        paleontological, natural, scientific, recreational, 
        environmental, biological, wilderness, wildlife, riparian, 
        historical, educational, and scenic resources of the public 
        land); and</DELETED>
        <DELETED>    (2) the water resources of area streams, based on 
        seasonally available flows, that are necessary to support 
        aquatic, riparian, and terrestrial species and 
        communities.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Conservation area.--The term ``Conservation 
        Area'' means the Dominguez-Escalante National Conservation Area 
        established by section 4(a)(1).</DELETED>
        <DELETED>    (2) Council.--The term ``Council'' means the 
        Dominguez-Escalante National Conservation Area Advisory Council 
        established under section 9.</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan developed under section 8.</DELETED>
        <DELETED>    (4) Map.--The term ``Map'' means the map entitled 
        ``Dominguez-Escalante National Conservation Area'' and dated 
        May 22, 2008.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        Bureau of Land Management.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Colorado.</DELETED>
        <DELETED>    (7) Wilderness.--The term ``Wilderness'' means the 
        Dominguez Canyon Wilderness Area designated by section 
        5(a).</DELETED>

<DELETED>SEC. 4. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION 
              AREA.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--There is established the 
        Dominguez-Escalante National Conservation Area in the 
        State.</DELETED>
        <DELETED>    (2) Area included.--The Conservation Area shall 
        consist of approximately 210,677 acres of public land, as 
        generally depicted on the Map.</DELETED>
<DELETED>    (b) Management.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall manage the 
        Conservation Area--</DELETED>
                <DELETED>    (A) as a component of the National 
                Landscape Conservation System;</DELETED>
                <DELETED>    (B) in a manner that conserves, protects, 
                and enhances the resources of the Conservation Area 
                described in section 2(b); and</DELETED>
                <DELETED>    (C) in accordance with--</DELETED>
                        <DELETED>    (i) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.);</DELETED>
                        <DELETED>    (ii) this Act; and</DELETED>
                        <DELETED>    (iii) any other applicable 
                        laws.</DELETED>
        <DELETED>    (2) Uses.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall allow 
                only such uses of the Conservation Area as the 
                Secretary determines would further the purposes for 
                which the Conservation Area is established.</DELETED>
                <DELETED>    (B) Use of motorized vehicles.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (ii), use of motorized 
                        vehicles in the Conservation Area shall be 
                        allowed--</DELETED>
                                <DELETED>    (I) before the effective 
                                date of the management plan, only on 
                                roads and trails designated for use of 
                                motor vehicles in the management plan 
                                that applies on the date of the 
                                enactment of this Act to the public 
                                land in the Conservation Area; 
                                and</DELETED>
                                <DELETED>    (II) after the effective 
                                date of the management plan, only on 
                                roads and trails designated in the 
                                management plan for the use of motor 
                                vehicles.</DELETED>
                        <DELETED>    (ii) Administrative and emergency 
                        response use.--Clause (i) shall not limit the 
                        use of motor vehicles in the Conservation Area 
                        for administrative purposes or to respond to an 
                        emergency.</DELETED>

<DELETED>SEC. 5. DOMINGUEZ CANYON WILDERNESS AREA.</DELETED>

<DELETED>    (a) In General.--Approximately 66,280 acres of public land 
in Mesa, Montrose, and Delta Counties, Colorado, as generally depicted 
on the Map, are designated as wilderness and as a component of the 
National Wilderness Preservation System, to be known as the ``Dominguez 
Canyon Wilderness Area''.</DELETED>
<DELETED>    (b) Administration of Wilderness.--Subject to valid 
existing rights, land designated as wilderness by this Act shall be 
managed by the Secretary in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.) and this Act, except that any reference in the 
Wilderness Act to the effective date of the Wilderness Act shall be 
considered to be a reference to the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 6. MAPS AND LEGAL DESCRIPTIONS.</DELETED>

<DELETED>    (a) In General.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall submit to Congress--
</DELETED>
        <DELETED>    (1) a copy of the Map; and</DELETED>
        <DELETED>    (2) legal descriptions of the Conservation Area 
        and the Wilderness.</DELETED>
<DELETED>    (b) Force and Effect.--The Map and legal descriptions 
submitted under subsection (a) shall have the same force and effect as 
if included in this Act, except that the Secretary may correct clerical 
and typographical errors in the Map and legal descriptions.</DELETED>
<DELETED>    (c) Public Availability.--The Map and legal description of 
the Conservation Area shall be available for public inspection in the 
appropriate offices of the Bureau of Land Management.</DELETED>

<DELETED>SEC. 7. MANAGEMENT OF CONSERVATION AREA AND 
              WILDERNESS.</DELETED>

<DELETED>    (a) Withdrawals.--Subject to valid existing rights, all 
Federal land within the Conservation Area and the Wilderness and all 
land and interests in land acquired by the United States for the 
Conservation Area or the Wilderness after the date of enactment of this 
Act is withdrawn from--</DELETED>
        <DELETED>    (1) all forms of entry, appropriation, or disposal 
        under the public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) operation of the mineral leasing, mineral 
        materials, and geothermal leasing laws.</DELETED>
<DELETED>    (b) Grazing.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the Secretary shall issue and administer any grazing 
        leases or permits in the Conservation Area in accordance with 
        the laws (including regulations) and Executive orders 
        applicable to the issuance and administration of leases and 
        permits on other land under the jurisdiction of the Bureau of 
        Land Management.</DELETED>
        <DELETED>    (2) Grazing in wilderness.--The grazing of 
        livestock in areas of the Wilderness that are administered by 
        the Bureau of Land Management and in which grazing is 
        established as of the date of enactment of this Act shall be 
        allowed to continue--</DELETED>
                <DELETED>    (A) subject to any reasonable regulations, 
                policies, and practices that the Secretary determines 
                to be necessary; and</DELETED>
                <DELETED>    (B) consistent with--</DELETED>
                        <DELETED>    (i) section 4(d)(4) of the 
                        Wilderness Act (16 U.S.C. 1133(d)(4)); 
                        and</DELETED>
                        <DELETED>    (ii) the guidelines set forth in 
                        Appendix A of House Report 101-405.</DELETED>
<DELETED>    (c) No Buffer Zones.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act creates a 
        protective perimeter or buffer zone around the Conservation 
        Area.</DELETED>
        <DELETED>    (2) Activities outside conservation area.--The 
        fact that an activity or use on land outside the Conservation 
        Area can be seen or heard within the Conservation Area shall 
        not preclude the activity or use outside the boundary of the 
        Conservation Area.</DELETED>
<DELETED>    (d) Acquisition of Land.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may acquire non-
        Federal land within the boundaries of the Conservation Area or 
        the Wilderness only through purchase from a willing seller, 
        exchange, or donation.</DELETED>
        <DELETED>    (2) Management.--Land acquired under paragraph (1) 
        shall be managed as part of the Conservation Area or the 
        Wilderness, as applicable, in accordance with this 
        Act.</DELETED>
        <DELETED>    (3) Certain conservation area exchanges.--
        </DELETED>
                <DELETED>    (A) In general.--In order to protect and 
                consolidate Federal land within the boundary of the 
                Conservation Area and subject to subparagraph (B), the 
                Secretary may enter into an agreement with any owner of 
                private land within the boundaries of the Conservation 
                Area to exchange the private land for Federal land in 
                the Conservation Area, if the Secretary determines that 
                the exchange would enhance the values for which the 
                Conservation Area is established.</DELETED>
                <DELETED>    (B) Conditions.--An exchange of land under 
                subparagraph (A) shall--</DELETED>
                        <DELETED>    (i) be carried out consistent with 
                        any applicable laws (including regulations), 
                        including laws relating to appraisals and equal 
                        value exchanges; and</DELETED>
                        <DELETED>    (ii) be subject to--</DELETED>
                                <DELETED>    (I) valid existing rights; 
                                and</DELETED>
                                <DELETED>    (II) any terms and 
                                conditions that the Secretary may 
                                require.</DELETED>
<DELETED>    (e) Fire, Insect, Invasive Species, and Disease Management 
Activities.--The Secretary may undertake such measures in the 
Conservation Area and Wilderness as are necessary to control and 
prevent fire, insects, invasive species, and diseases, in accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
any other applicable laws (including regulations) and Executive 
orders.</DELETED>
<DELETED>    (f) Interpretive Facilities or Sites.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in cooperation 
        with any other public or private entities as the Secretary 
        determines to be appropriate, may establish minimal 
        interpretive facilities or sites in or near the Conservation 
        Area.</DELETED>
        <DELETED>    (2) Requirements.--Any facilities or sites 
        established under paragraph (1) shall be designed to protect 
        the resources described in section 2(b).</DELETED>
<DELETED>    (g) Public Access.--The Secretary shall continue to 
provide private landowners reasonable access to inholdings in the 
Conservation Area.</DELETED>
<DELETED>    (h) Water Rights.--</DELETED>
        <DELETED>    (1) Findings.--Congress finds that--</DELETED>
                <DELETED>    (A) as of the date of enactment of this 
                Act, no private conditional water rights are located in 
                the Wilderness; and</DELETED>
                <DELETED>    (B) the boundaries of the Wilderness are 
                drawn in a manner that does not include any portion of 
                the Gunnison River in the Wilderness.</DELETED>
        <DELETED>    (2) Effect on water rights.--Nothing in this Act--
        </DELETED>
                <DELETED>    (A) affects the use or allocation, in 
                existence on the date of enactment of this Act, of any 
                water, water right, or interest in water;</DELETED>
                <DELETED>    (B) 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;</DELETED>
                <DELETED>    (C) affects any interstate water compact 
                in existence on the date of enactment of this 
                Act;</DELETED>
                <DELETED>    (D) authorizes or imposes any new reserved 
                Federal water rights;</DELETED>
                <DELETED>    (E) unreasonably limits access for 
                maintenance, operation, modification, repair, or 
                replacement of facilities that are--</DELETED>
                        <DELETED>    (i) in existence as of the date of 
                        enactment of this Act; and</DELETED>
                        <DELETED>    (ii) associated with any water 
                        rights referred to in subparagraph (A) or (B); 
                        or</DELETED>
                <DELETED>    (F) shall be considered to be a 
                relinquishment or reduction of any water rights 
                reserved or appropriated by the United States in the 
                State on or before the date of the enactment of this 
                Act.</DELETED>
        <DELETED>    (3) Effect on water quality designations.--The 
        designation of the Conservation Area and Wilderness by this Act 
        shall not impose or cause to be imposed on any stream in, or 
        upstream of, the Conservation Area or Wilderness any water 
        quality designation that is more stringent than the water 
        quality designation applicable to the stream in existence on 
        the date of enactment of this Act.</DELETED>
        <DELETED>    (4) Wilderness water rights.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                ensure that any water rights within the Wilderness 
                required to fulfill the purposes of the Wilderness are 
                secured in accordance with subparagraphs (B) through 
                (G).</DELETED>
                <DELETED>    (B) State law.--</DELETED>
                        <DELETED>    (i) Procedural requirements.--Any 
                        water rights for which the Secretary pursues 
                        adjudication shall be appropriated, 
                        adjudicated, changed, and administered in 
                        accordance with the procedural requirements and 
                        priority system of State law.</DELETED>
                        <DELETED>    (ii) Establishment of water 
                        rights.--</DELETED>
                                <DELETED>    (I) In general.--Except as 
                                provided in subclause (II), the 
                                purposes and other substantive 
                                characteristics of the water rights 
                                pursued under this paragraph shall be 
                                established in accordance with State 
                                law.</DELETED>
                                <DELETED>    (II) Exception.--
                                Notwithstanding subclause (I) and in 
                                accordance with this Act, the Secretary 
                                may appropriate and seek adjudication 
                                of water rights to maintain surface 
                                water levels and stream flows on and 
                                across the Wilderness to fulfill the 
                                purposes of the Wilderness.</DELETED>
                <DELETED>    (C) Deadline.--The Secretary shall 
                promptly, but not earlier than January 2009, 
                appropriate the water rights required to fulfill the 
                purposes of the Wilderness.</DELETED>
                <DELETED>    (D) Required determination.--The Secretary 
                shall not pursue adjudication for any instream flow 
                water rights unless the Secretary makes a determination 
                pursuant to subparagraph (E)(ii) or (F).</DELETED>
                <DELETED>    (E) Cooperative enforcement.--</DELETED>
                        <DELETED>    (i) In general.--The Secretary 
                        shall not pursue adjudication of any Federal 
                        instream flow water rights established under 
                        this paragraph if--</DELETED>
                                <DELETED>    (I) the Secretary 
                                determines, upon adjudication of the 
                                water rights by the Colorado Water 
                                Conservation Board, that the Board 
                                holds water rights sufficient in 
                                priority, amount, and timing to fulfill 
                                the purposes of this Act; and</DELETED>
                                <DELETED>    (II) the Secretary has 
                                entered into a perpetual agreement with 
                                the Colorado Water Conservation Board 
                                to ensure full exercise, protection, 
                                and enforcement of the State water 
                                rights within the Wilderness to 
                                reliably fulfill the purposes of this 
                                Act.</DELETED>
                        <DELETED>    (ii) Adjudication.--If the 
                        Secretary determines that the provisions of 
                        clause (i) have not been met, the Secretary 
                        shall adjudicate and exercise any Federal water 
                        rights required to fulfill the purposes of the 
                        Wilderness in accordance with this 
                        paragraph.</DELETED>
                <DELETED>    (F) Insufficient water rights.--If the 
                Colorado Water Conservation Board modifies the instream 
                flow water rights obtained under subparagraph (E) to 
                such a degree that the Secretary determines that water 
                rights held by the State are insufficient to fulfill 
                the purposes of this Act, the Secretary shall 
                adjudicate and exercise Federal water rights required 
                to fulfill the purposes of this Act in accordance with 
                subparagraph (B).</DELETED>
                <DELETED>    (G) Failure to comply.--The Secretary 
                shall promptly act to exercise and enforce the water 
                rights described in subparagraph (E) if the Secretary 
                determines that--</DELETED>
                        <DELETED>    (i) the State is not exercising 
                        its water rights consistent with subparagraph 
                        (E)(i)(I); or</DELETED>
                        <DELETED>    (ii) the agreement described in 
                        subparagraph (E)(i)(II) is not fulfilled or 
                        complied with sufficiently to fulfill the 
                        purposes of this Act.</DELETED>
        <DELETED>    (5) Water resource facility.--</DELETED>
                <DELETED>    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), 
                beginning on the date of enactment of this Act, neither 
                the President nor any other officer, employee, or agent 
                of the United States shall fund, assist, authorize, or 
                issue a license or permit for development of any new 
                irrigation and pumping facility, reservoir, water 
                conservation work, aqueduct, canal, ditch, pipeline, 
                well, hydropower project, transmission, other ancillary 
                facility, or other water, diversion, storage, or 
                carriage structure in the Wilderness.</DELETED>
                <DELETED>    (B) Stock watering ponds.--The Secretary 
                may allow construction of new livestock watering 
                facilities within the Wilderness if the facilities--
                </DELETED>
                        <DELETED>    (i) would result in no impairment 
                        to the characteristics, values, and purposes of 
                        the Wilderness greater than that described in 
                        the Final Wilderness Environmental Impact 
                        Statement for the Grand Junction Resource Area 
                        dated November 1989; and</DELETED>
                        <DELETED>    (ii) would provide for the 
                        protection and improved management of 
                        Wilderness resources.</DELETED>
        <DELETED>    (6) Conservation area water rights.--With respect 
        to water within the Conservation Area, nothing in this Act--
        </DELETED>
                <DELETED>    (A) authorizes any Federal agency to 
                appropriate or otherwise acquire any water right on the 
                mainstem of the Gunnison River; or</DELETED>
                <DELETED>    (B) prevents the State from appropriating 
                or acquiring, or requires the State to appropriate or 
                acquire, an instream flow water right on the mainstem 
                of the Gunnison River.</DELETED>
        <DELETED>    (7) Wilderness boundaries along gunnison river.--
        </DELETED>
                <DELETED>    (A) In general.--In areas in which the 
                Gunnison River is used as a reference for defining the 
                boundary of the Wilderness, the boundary shall--
                </DELETED>
                        <DELETED>    (i) be located at the edge of the 
                        river; and</DELETED>
                        <DELETED>    (ii) change according to the river 
                        level.</DELETED>
                <DELETED>    (B) Exclusion from wilderness.--Regardless 
                of the level of the Gunnison River, no portion of the 
                Gunnison River is included in the Wilderness 
                area.</DELETED>
<DELETED>    (i) Hunting, Trapping, and Fishing.--Nothing in this Act 
diminishes the jurisdiction of the State with respect to fish and 
wildlife management, including regulation of hunting and fishing, on 
public land within the Conservation Area.</DELETED>
<DELETED>    (j) Little Dominguez Creek Access.--Nothing in this Act 
affects--</DELETED>
        <DELETED>    (1) the letter of agreement between the Bureau of 
        Land Management and Mr. Billyie Rambo, dated September 28, 
        1988; or</DELETED>
        <DELETED>    (2) the life estate described in the letter of 
        agreement.</DELETED>

<DELETED>SEC. 8. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall develop a comprehensive 
management plan for the long-range protection and management of the 
Conservation Area.</DELETED>
<DELETED>    (b) Purposes.--The management plan shall--</DELETED>
        <DELETED>    (1) describe the appropriate uses and management 
        of the Conservation Area;</DELETED>
        <DELETED>    (2) be developed with extensive public 
        input;</DELETED>
        <DELETED>    (3) take into consideration any information 
        developed in studies of the land within the Conservation Area; 
        and</DELETED>
        <DELETED>    (4) include a comprehensive travel management 
        plan.</DELETED>

<DELETED>SEC. 9. ADVISORY COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish an advisory 
council, to be known as the ``Dominguez-Escalante National Conservation 
Area Advisory Council''.</DELETED>
<DELETED>    (b) Duties.--The Council shall advise the Secretary with 
respect to the preparation and implementation of the management 
plan.</DELETED>
<DELETED>    (c) Applicable Law.--The Council shall be subject to--
</DELETED>
        <DELETED>    (1) the Federal Advisory Committee Act (5 U.S.C. 
        App.); and</DELETED>
        <DELETED>    (2) the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.).</DELETED>
<DELETED>    (d) Members.--The Council shall include 10 members to be 
appointed by the Secretary, of whom, to the extent practicable--
</DELETED>
        <DELETED>    (1) 1 member shall be appointed after considering 
        the recommendations of the Mesa County Commission;</DELETED>
        <DELETED>    (2) 1 member shall be appointed after considering 
        the recommendations of the Montrose County 
        Commission;</DELETED>
        <DELETED>    (3) 1 member shall be appointed after considering 
        the recommendations of the Delta County Commission;</DELETED>
        <DELETED>    (4) 1 member shall be appointed after considering 
        the recommendations of the permittees holding grazing 
        allotments within the Conservation Area or the Wilderness; 
        and</DELETED>
        <DELETED>    (5) 5 members shall reside in, or within 
        reasonable proximity to, Mesa County, Delta County, or Montrose 
        County, Colorado, with backgrounds that reflect--</DELETED>
                <DELETED>    (A) the purposes for which the 
                Conservation Area or Wilderness was established; 
                and</DELETED>
                <DELETED>    (B) the interests of the stakeholders that 
                are affected by the planning and management of the 
                Conservation Area and Wilderness.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dominguez-Escalante National 
Conservation Area and Dominguez Canyon Wilderness Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the Dominguez-Escalante National Conservation Area 
        established by section 3(a)(1).
            (2) Council.--The term ``Council'' means the Dominguez-
        Escalante National Conservation Area Advisory Council 
        established under section 8.
            (3) Management plan.--The term ``management plan'' means 
        the management plan developed under section 7.
            (4) Map.--The term ``Map'' means the map entitled 
        ``Dominguez-Escalante National Conservation Area'' and dated 
        September 10, 2008.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Colorado.
            (7) Wilderness.--The term ``Wilderness'' means the 
        Dominguez Canyon Wilderness Area designated by section 4(a).

SEC. 3. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.

    (a) Establishment.--
            (1) In general.--There is established the Dominguez-
        Escalante National Conservation Area in the State.
            (2) Area included.--The Conservation Area shall consist of 
        approximately 209,600 acres of public land, as generally 
        depicted on the Map.
    (b) Purposes.--The purposes of the Conservation Area are to 
conserve and protect for the benefit and enjoyment of present and 
future generations--
            (1) the unique and important resources and values of the 
        land, including the geological, cultural, archaeological, 
        paleontological, natural, scientific, recreational, wilderness, 
        wildlife, riparian, historical, educational, and scenic 
        resources of the public land; and
            (2) the water resources of area streams, based on 
        seasonally available flows, that are necessary to support 
        aquatic, riparian, and terrestrial species and communities.
    (c) Management.--
            (1) In general.--The Secretary shall manage the 
        Conservation Area--
                    (A) as a component of the National Landscape 
                Conservation System;
                    (B) in a manner that conserves, protects, and 
                enhances the resources and values of the Conservation 
                Area described in subsection (b); and
                    (C) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable laws.
            (2) Uses.--
                    (A) In general.--The Secretary shall allow only 
                such uses of the Conservation Area as the Secretary 
                determines would further the purposes for which the 
                Conservation Area is established.
                    (B) Use of motorized vehicles.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), use of motorized 
                        vehicles in the Conservation Area shall be 
                        allowed--
                                    (I) before the effective date of 
                                the management plan, only on roads and 
                                trails designated for use of motor 
                                vehicles in the management plan that 
                                applies on the date of the enactment of 
                                this Act to the public land in the 
                                Conservation Area; and
                                    (II) after the effective date of 
                                the management plan, only on roads and 
                                trails designated in the management 
                                plan for the use of motor vehicles.
                            (ii) Administrative and emergency response 
                        use.--Clause (i) shall not limit the use of 
                        motor vehicles in the Conservation Area for 
                        administrative purposes or to respond to an 
                        emergency.
                            (iii) Limitation.--This subparagraph shall 
                        not apply to the Wilderness.

SEC. 4. DOMINGUEZ CANYON WILDERNESS AREA.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the approximately 66,280 acres of public land in Mesa, 
Montrose, and Delta Counties, Colorado, as generally depicted on the 
Map, is designated as wilderness and as a component of the National 
Wilderness Preservation System, to be known as the ``Dominguez Canyon 
Wilderness Area''.
    (b) Administration of Wilderness.--The Wilderness shall be managed 
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 
et seq.) and this Act, except that--
            (1) any reference in the Wilderness Act to the effective 
        date of that Act shall be considered to be a reference to the 
        date of enactment of this Act; and
            (2) any reference in the Wilderness Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary of the Interior.

SEC. 5. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall file a map and a legal description of 
the Conservation Area and the Wilderness with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The Map and legal descriptions filed under 
subsection (a) shall have the same force and effect as if included in 
this Act, except that the Secretary may correct clerical and 
typographical errors in the Map and legal descriptions.
    (c) Public Availability.--The Map and legal descriptions filed 
under subsection (a) shall be available for public inspection in the 
appropriate offices of the Bureau of Land Management.

SEC. 6. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.

    (a) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Conservation Area and the Wilderness and all land and 
interests in land acquired by the United States within the Conservation 
Area or the Wilderness is 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) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (b) Grazing.--
            (1) Grazing in conservation area.--Except as provided in 
        paragraph (2), the Secretary shall issue and administer any 
        grazing leases or permits in the Conservation Area in 
        accordance with the laws (including regulations) applicable to 
        the issuance and administration of such leases and permits on 
        other land under the jurisdiction of the Bureau of Land 
        Management.
            (2) Grazing in wilderness.--The grazing of livestock in the 
        Wilderness, if established as of the date of enactment of this 
        Act, shall be permitted to continue--
                    (A) subject to any reasonable regulations, 
                policies, and practices that the Secretary determines 
                to be necessary; and
                    (B) in accordance with--
                            (i) section 4(d)(4) of the Wilderness Act 
                        (16 U.S.C. 1133(d)(4)); and
                            (ii) the guidelines set forth in Appendix A 
                        of the report of the Committee on Interior and 
                        Insular Affairs of the House of Representatives 
                        accompanying H.R. 2570 of the 101st Congress 
                        (H. Rept. 101-405).
    (c) No Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the Conservation Area.
            (2) Activities outside conservation area.--The fact that an 
        activity or use on land outside the Conservation Area can be 
        seen or heard within the Conservation Area shall not preclude 
        the activity or use outside the boundary of the Conservation 
        Area.
    (d) Acquisition of Land.--
            (1) In general.--The Secretary may acquire non-Federal land 
        within the boundaries of the Conservation Area or the 
        Wilderness only through exchange, donation, or purchase from a 
        willing seller,.
            (2) Management.--Land acquired under paragraph (1) shall--
                    (A) become part of the Conservation Area and, if 
                applicable, the Wilderness; and
                    (B) be managed in accordance with this Act and any 
                other applicable laws.
    (e) Fire, Insects, and Diseases.--Subject to such terms and 
conditions as the Secretary determines to be desirable and appropriate, 
the Secretary may undertake such measures as are necessary to control 
fire, insects, and diseases--
            (1) in the Wilderness, in accordance with section 4(d)(1) 
        of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
            (2) except as provided in paragraph (1), in the 
        Conservation Area in accordance with this Act and any other 
        applicable laws.
    (f) Access.--The Secretary shall continue to provide private 
landowners adequate access to inholdings in the Conservation Area.
    (g) Invasive Species and Noxious Weeds.--In accordance with any 
applicable laws and subject to such terms and conditions as the 
Secretary determines to be desirable and appropriate, the Secretary may 
prescribe measures to control nonnative invasive plants and noxious 
weeds within the Conservation Area.
    (h) Water Rights.--
            (1) Effect.--Nothing in this Act--
                    (A) affects the use or allocation, in existence on 
                the date of enactment of this Act, of any water, water 
                right, or interest in water;
                    (B) 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;
                    (C) affects any interstate water compact in 
                existence on the date of enactment of this Act;
                    (D) authorizes or imposes any new reserved Federal 
                water rights; or
                    (E) shall be considered to be a relinquishment or 
                reduction of any water rights reserved or appropriated 
                by the United States in the State on or before the date 
                of enactment of this Act.
            (2) Wilderness water rights.--
                    (A) In general.--The Secretary shall ensure that 
                any water rights within the Wilderness required to 
                fulfill the purposes of the Wilderness are secured in 
                accordance with subparagraphs (B) through (G).
                    (B) State law.--
                            (i) Procedural requirements.--Any water 
                        rights within the Wilderness for which the 
                        Secretary pursues adjudication shall be 
                        adjudicated, changed, and administered in 
                        accordance with the procedural requirements and 
                        priority system of State law.
                            (ii) Establishment of water rights.--
                                    (I) In general.--Except as provided 
                                in subclause (II), the purposes and 
                                other substantive characteristics of 
                                the water rights pursued under this 
                                paragraph shall be established in 
                                accordance with State law.
                                    (II) Exception.--Notwithstanding 
                                subclause (I) and in accordance with 
                                this Act, the Secretary may appropriate 
                                and seek adjudication of water rights 
                                to maintain surface water levels and 
                                stream flows on and across the 
                                Wilderness to fulfill the purposes of 
                                the Wilderness.
                    (C) Deadline.--The Secretary shall promptly, but 
                not earlier than January 2009, appropriate the water 
                rights required to fulfill the purposes of the 
                Wilderness.
                    (D) Required determination.--The Secretary shall 
                not pursue adjudication for any instream flow water 
                rights unless the Secretary makes a determination 
                pursuant to subparagraph (E)(ii) or (F).
                    (E) Cooperative enforcement.--
                            (i) In general.--The Secretary shall not 
                        pursue adjudication of any Federal instream 
                        flow water rights established under this 
                        paragraph if--
                                    (I) the Secretary determines, upon 
                                adjudication of the water rights by the 
                                Colorado Water Conservation Board, that 
                                the Board holds water rights sufficient 
                                in priority, amount, and timing to 
                                fulfill the purposes of the Wilderness; 
                                and
                                    (II) the Secretary has entered into 
                                a perpetual agreement with the Colorado 
                                Water Conservation Board to ensure the 
                                full exercise, protection, and 
                                enforcement of the State water rights 
                                within the Wilderness to reliably 
                                fulfill the purposes of the Wilderness.
                            (ii) Adjudication.--If the Secretary 
                        determines that the provisions of clause (i) 
                        have not been met, the Secretary shall 
                        adjudicate and exercise any Federal water 
                        rights required to fulfill the purposes of the 
                        Wilderness in accordance with this paragraph.
                    (F) Insufficient water rights.--If the Colorado 
                Water Conservation Board modifies the instream flow 
                water rights obtained under subparagraph (E) to such a 
                degree that the Secretary determines that water rights 
                held by the State are insufficient to fulfill the 
                purposes of the Wilderness, the Secretary shall 
                adjudicate and exercise Federal water rights required 
                to fulfill the purposes of the Wilderness in accordance 
                with subparagraph (B).
                    (G) Failure to comply.--The Secretary shall 
                promptly act to exercise and enforce the water rights 
                described in subparagraph (E) if the Secretary 
                determines that--
                            (i) the State is not exercising its water 
                        rights consistent with subparagraph (E)(i)(I); 
                        or
                            (ii) the agreement described in 
                        subparagraph (E)(i)(II) is not fulfilled or 
                        complied with sufficiently to fulfill the 
                        purposes of the Wilderness.
            (3) Water resource facility.--
                    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), 
                beginning on the date of enactment of this Act, neither 
                the President nor any other officer, employee, or agent 
                of the United States shall fund, assist, authorize, or 
                issue a license or permit for the development of any 
                new irrigation and pumping facility, reservoir, water 
                conservation work, aqueduct, canal, ditch, pipeline, 
                well, hydropower project, transmission, other ancillary 
                facility, or other water, diversion, storage, or 
                carriage structure in the Wilderness.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the Secretary may allow construction of new livestock 
                watering facilities within the Wilderness in accordance 
                with--
                            (i) section 4(d)(4) of the Wilderness Act 
                        (16 U.S.C. 1133(d)(4)); and
                            (ii) the guidelines set forth in Appendix A 
                        of the report of the Committee on Interior and 
                        Insular Affairs of the House of Representatives 
                        accompanying H.R. 2570 of the 101st Congress 
                        (H. Rept. 101-405).
            (4) Conservation area water rights.--With respect to water 
        within the Conservation Area, nothing in this Act--
                    (A) authorizes any Federal agency to appropriate or 
                otherwise acquire any water right on the mainstem of 
                the Gunnison River; or
                    (B) prevents the State from appropriating or 
                acquiring, or requires the State to appropriate or 
                acquire, an instream flow water right on the mainstem 
                of the Gunnison River.
            (5) Wilderness boundaries along gunnison river.--
                    (A) In general.--In areas in which the Gunnison 
                River is used as a reference for defining the boundary 
                of the Wilderness, the boundary shall--
                            (i) be located at the edge of the river; 
                        and
                            (ii) change according to the river level.
                    (B) Exclusion from wilderness.--Regardless of the 
                level of the Gunnison River, no portion of the Gunnison 
                River is included in the Wilderness.
    (i) Effect.--Nothing in this Act--
            (1) diminishes the jurisdiction of the State with respect 
        to fish and wildlife in the State; or
            (2) imposes any Federal water quality standard upstream of 
        the Conservation Area or within the mainstem of the Gunnison 
        River that is more restrictive than would be applicable had the 
        Conservation Area not been established.
    (j) Valid Existing Rights.--The designation of the Conservation 
Area and Wilderness is subject to valid rights in existence on the date 
of enactment of this Act.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall develop a comprehensive management 
plan for the long-term protection and management of the Conservation 
Area.
    (b) Purposes.--The management plan shall--
            (1) describe the appropriate uses and management of the 
        Conservation Area;
            (2) be developed with extensive public input;
            (3) take into consideration any information developed in 
        studies of the land within the Conservation Area; and
            (4) include a comprehensive travel management plan.

SEC. 8. ADVISORY COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish an advisory 
council, to be known as the ``Dominguez-Escalante National Conservation 
Area Advisory Council''.
    (b) Duties.--The Council shall advise the Secretary with respect to 
the preparation and implementation of the management plan.
    (c) Applicable Law.--The Council shall be subject to--
            (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
    (d) Members.--The Council shall include 10 members to be appointed 
by the Secretary, of whom, to the extent practicable--
            (1) 1 member shall be appointed after considering the 
        recommendations of the Mesa County Commission;
            (2) 1 member shall be appointed after considering the 
        recommendations of the Montrose County Commission;
            (3) 1 member shall be appointed after considering the 
        recommendations of the Delta County Commission;
            (4) 1 member shall be appointed after considering the 
        recommendations of the permittees holding grazing allotments 
        within the Conservation Area or the Wilderness; and
            (5) 5 members shall reside in, or within reasonable 
        proximity to, Mesa County, Delta County, or Montrose County, 
        Colorado, with backgrounds that reflect--
                    (A) the purposes for which the Conservation Area or 
                Wilderness was established; and
                    (B) the interests of the stakeholders that are 
                affected by the planning and management of the 
                Conservation Area and Wilderness.
    (e) Representation.--The Secretary shall ensure that the membership 
of the Council is fairly balanced in terms of the points of view 
represented and the functions to be performed by the Council.
    (f) Duration.--The Council shall terminate on the date that is 1 
year from the date on which the management plan is adopted by the 
Secretary.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 997

110th CONGRESS

  2d Session

                                S. 3065

_______________________________________________________________________

                                 A BILL

To establish the Dominguez-Escalante National Conservation Area and the 
                   Dominguez Canyon Wilderness Area.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment