[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 170 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 170

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (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;
            (2) the land that comprises the Dominguez-Escalante 
        National Conservation Area established by section 4(a)(1)--
                    (A) contains unique and valuable paleontological, 
                natural, and wildlife components, which are enhanced by 
                the rural western setting of the area;
                    (B) provides extensive opportunities for 
                recreational activities, including along the nationally 
                renowned Tabeguache Trail;
                    (C) is publicly used for hiking, bicycling, 
                camping, and grazing; and
                    (D) is worthy of additional protection as a 
                national conservation area; and
            (3) the land that comprises the Dominguez Canyon Wilderness 
        Area designated by section 5(a)--
                    (A) has wilderness value; and
                    (B) offers unique geological, archaeological, 
                paleontological, fish and wildlife, riparian, water, 
                scientific, and recreational resources.
    (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--
            (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
            (2) the water resources of area streams, based on 
        seasonally available flows, that are necessary to support 
        aquatic, riparian, and terrestrial species and communities.

SEC. 3. DEFINITIONS.

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

SEC. 4. 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 210,677 acres of public land, as generally 
        depicted on the Map.
    (b) 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 of the Conservation Area 
                described in section 2(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 
                        clause (ii), 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.

SEC. 5. DOMINGUEZ CANYON WILDERNESS AREA.

    (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''.
    (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.

SEC. 6. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall submit to Congress--
            (1) a copy of the Map; and
            (2) legal descriptions of the Conservation Area and the 
        Wilderness.
    (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.
    (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.

SEC. 7. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.

    (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--
            (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) 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.
            (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--
                    (A) subject to any reasonable regulations, 
                policies, and practices that the Secretary determines 
                to be necessary; and
                    (B) consistent 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 House Report 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 purchase from a willing seller, 
        exchange, or donation.
            (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.
            (3) Certain conservation area exchanges.--
                    (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.
                    (B) Conditions.--An exchange of land under 
                subparagraph (A) shall--
                            (i) be carried out consistent with any 
                        applicable laws (including regulations), 
                        including laws relating to appraisals and equal 
                        value exchanges; and
                            (ii) be subject to--
                                    (I) valid existing rights; and
                                    (II) any terms and conditions that 
                                the Secretary may require.
    (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.
    (f) Interpretive Facilities or Sites.--
            (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.
            (2) Requirements.--Any facilities or sites established 
        under paragraph (1) shall be designed to protect the resources 
        described in section 2(b).
    (g) Public Access.--The Secretary shall continue to provide private 
landowners reasonable access to inholdings in the Conservation Area.
    (h) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) as of the date of enactment of this Act, no 
                private conditional water rights are located in the 
                Wilderness; and
                    (B) the boundaries of the Wilderness are drawn in a 
                manner that does not include any portion of the 
                Gunnison River in the Wilderness.
            (2) Effect on water rights.--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;
                    (E) unreasonably limits access for maintenance, 
                operation, modification, repair, or replacement of 
                facilities that are--
                            (i) in existence as of the date of 
                        enactment of this Act; and
                            (ii) associated with any water rights 
                        referred to in subparagraph (A) or (B); or
                    (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.
            (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.
            (4) 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 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.
                            (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 this Act; and
                                    (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.
                            (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 this Act, the Secretary shall adjudicate 
                and exercise Federal water rights required to fulfill 
                the purposes of this Act 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 this Act.
            (5) 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 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) Stock watering ponds.--The Secretary may allow 
                construction of new livestock watering facilities 
                within the Wilderness if the facilities--
                            (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
                            (ii) would provide for the protection and 
                        improved management of Wilderness resources.
            (6) 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.
            (7) 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 area.
    (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.
    (j) Little Dominguez Creek Access.--Nothing in this Act affects--
            (1) the letter of agreement between the Bureau of Land 
        Management and Mr. Billyie Rambo, dated September 28, 1988; or
            (2) the life estate described in the letter of agreement.

SEC. 8. 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-range 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. 9. 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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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