[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 183 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 183

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2009

  Mr. Salazar (for himself and Mr. Udall of Colorado) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and 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. 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.
                                 <all>