[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4894-S4898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2546. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department

[[Page S4895]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

   DIVISION E--DOLORES RIVER NATIONAL CONSERVATION AREA AND SPECIAL 
                            MANAGEMENT AREA

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Dolores River National 
     Conservation Area and Special Management Area Act''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Dolores River National Conservation Area 
     established by section 5101(a).
       (2) Council.--The term ``Council'' means the Dolores River 
     National Conservation Area Advisory Council established under 
     section 5103(a).
       (3) Covered land.--The term ``covered land'' means--
       (A) the Conservation Area; and
       (B) the Special Management Area.
       (4) Dolores project.--The term ``Dolores Project'' has the 
     meaning given the term in section 3 of the Colorado Ute 
     Indian Water Rights Settlement Act of 1988 (Public Law 100-
     585; 102 Stat. 2974).
       (5) Map.--The term ``Map'' means the map prepared by the 
     Bureau of Land Management entitled ``Proposed Dolores River 
     National Conservation Area and Special Management Area'' and 
     dated December 14, 2022.
       (6) Secretary.--The term ``Secretary'' means--
       (A) in title I, the Secretary of the Interior;
       (B) in title II, the Secretary of Agriculture; and
       (C) in title IV--
       (i) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Secretary of the Interior; and
       (ii) the Secretary of Agriculture, with respect to land 
     under the jurisdiction of the Secretary of Agriculture.
       (7) Special management area.--The term ``Special Management 
     Area'' means the Dolores River Special Management Area 
     established by section 5201(a).
       (8) State.--The term ``State'' means the State of Colorado.
       (9) Unreasonably diminish.--The term ``unreasonably 
     diminish'' has the same meaning as used in section 7(a) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).
        (10) Water resource project.--The term ``water resource 
     project'' means any dam, irrigation and pumping facility, 
     reservoir, water conservation work, aqueduct, canal, ditch, 
     pipeline, well, hydropower project, and transmission and 
     other ancillary facility, and other water diversion, storage, 
     and carriage structure.

           TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA

     SEC. 5101. ESTABLISHMENT OF DOLORES RIVER NATIONAL 
                   CONSERVATION AREA.

       (a) Establishment.--
       (1) In general.--Subject to valid existing rights, there is 
     established the Dolores River National Conservation Area in 
     the State.
       (2) Land included.--The Conservation Area shall consist of 
     approximately 52,872 acres of Bureau of Land Management land 
     in the State, as generally depicted as ``Proposed Lower 
     Dolores River National Conservation Area'' on the Map.
       (b) Purpose.--The purpose of the Conservation Area is to 
     conserve, protect, and enhance the native fish, whitewater 
     boating, recreational, hunting, fishing, scenic, cultural, 
     archaeological, natural, geological, historical, ecological, 
     watershed, wildlife, educational, and scientific resources of 
     the Conservation Area.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the Conservation Area.
       (2) Effect.--The map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     minor errors in the map or legal description.
       (3) Public availability.--A copy of the map and legal 
     description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 5102. MANAGEMENT OF CONSERVATION AREA.

       (a) In General.--The Secretary shall manage the 
     Conservation Area in accordance with--
       (1) this division;
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (3) other applicable laws.
       (b) Uses.--Subject to the provisions of this division, the 
     Secretary shall allow only such uses of the Conservation Area 
     as are consistent with the purpose described in section 
     5101(b).
       (c) Management Plan.--
       (1) Plan required.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     management plan for the long-term protection, management, and 
     monitoring of the Conservation Area.
       (B) Review and revision.--The management plan under 
     subparagraph (A) shall, from time to time, be subject to 
     review and revision, in accordance with--
       (i) this division;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (iii) other applicable laws.
       (2) Consultation and coordination.--The Secretary shall 
     prepare and revise the management plan under paragraph (1)--
       (A) in consultation with--
       (i) the State;
       (ii) units of local government;
       (iii) the public;
       (iv) the Council; and
       (v) the Native Fish Monitoring and Recommendation Team, as 
     described in section 5402(b)(1); and
       (B) in coordination with the Secretary of Agriculture, with 
     respect to the development of the separate management plan 
     for the Special Management Area, as described in section 
     5202(c).
       (3) Recommendations.--In preparing and revising the 
     management plan under paragraph (1), the Secretary shall take 
     into consideration any recommendations from the Council.
       (4) Treaty rights.--In preparing and revising the 
     management plan under paragraph (1), taking into 
     consideration the rights and obligations described in section 
     5402, the Secretary shall ensure that the management plan 
     does not alter or diminish--
       (A) the treaty rights of any Indian Tribe;
       (B) any rights described in the Colorado Ute Indian Water 
     Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 
     2973); or
       (C) the operation or purposes of the Dolores Project.
       (d) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land located within the boundary of the 
     Conservation Area that is acquired by the United States in 
     accordance with section 5401(c) after the date of enactment 
     of this Act shall--
       (1) become part of the Conservation Area; and
       (2) be managed as provided in this section.
       (e) Department of Energy Leases.--
       (1) In general.--Nothing in this title affects valid leases 
     or lease tracts existing on the date of enactment of this Act 
     issued under the uranium leasing program of the Department of 
     Energy .
       (2) Management.--
       (A) In general.--Subject to subparagraph (B), land 
     designated for the program described in paragraph (1) shall 
     be--
       (i) exempt from section 5401(b); and
       (ii) managed in a manner that allow the leases to fulfill 
     the purposes of the program, consistent with the other 
     provisions of this title and title IV.
       (B) Designation.--Land subject to a lease described in 
     paragraph (1) shall be considered part of the Conservation 
     Area and managed in accordance with other provisions of this 
     title on a finding by the Secretary that--
       (i)(I) the lease has expired; and
       (II) the applicable lease tract has been removed from the 
     leasing program by the Secretary of Energy; and
       (ii) the land that was subject to the lease is suitable for 
     inclusion in the Conservation Area.
       (C) Effect.--Nothing in subparagraph (B) prevents the 
     Secretary of Energy from extending any lease described in 
     paragraph (1).

     SEC. 5103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY 
                   COUNCIL.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish an 
     advisory council, to be known as the ``Dolores River National 
     Conservation Area Advisory Council''.
       (b) Duties.--The Council shall advise--
       (1) the Secretary with respect to the preparation, 
     implementation, and monitoring of the management plan 
     prepared under section 5102(c); and
       (2) the Secretary of Agriculture with respect to the 
     preparation, implementation, and monitoring of the management 
     plan prepared under section 5202(c).
       (c) Applicable Law.--The Council shall be subject to--
       (1) chapter 10 of title 5, United States Code (commonly 
     referred to as the ``Federal Advisory Committee Act'');
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (3) this division.
       (d) Membership.--
       (1) In general.--The Council shall include 14 members to be 
     appointed by the Secretary, of whom, to the extent 
     practicable--
       (A) 2 members shall represent agricultural water user 
     interests in the Conservation Area or the Dolores River 
     watershed, of whom 1 shall represent the Dolores Water 
     Conservancy District;
       (B) 2 members shall represent conservation interests in the 
     Conservation Area;
       (C) 2 members shall represent recreation interests in the 
     Conservation Area, 1 of whom shall represent whitewater 
     boating interests;
       (D) 1 member shall be a representative of Dolores County, 
     Colorado;
       (E) 1 member shall be a representative of San Miguel 
     County, Colorado;
       (F) 1 member shall be a representative of Montezuma County, 
     Colorado;
       (G) 1 member shall be a private landowner that owns land in 
     immediate proximity to the Conservation Area;
       (H) 1 member shall be a representative of Colorado Parks 
     and Wildlife;

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       (I) 1 member shall be a holder of a grazing-allotment 
     permit in the Conservation Area; and
       (J) 2 members shall be representatives of Indian Tribes, 1 
     of whom shall be a representative of the Ute Mountain Ute 
     Tribe.
       (2) Representation.--
       (A) In general.--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.
       (B) Requirements.--
       (i) In general.--The members of the Council described in 
     subparagraphs (B) and (C) of paragraph (1) shall be residents 
     that live within reasonable proximity to the Conservation 
     Area.
       (ii) County representatives.--The members of the Council 
     described in subparagraphs (D) and (E) of paragraph (1) shall 
     be--

       (I) residents of the respective counties referred to in 
     those subparagraphs; and
       (II) capable of representing the interests of the 
     applicable board of county commissioners.

       (e) Terms of Office.--
       (1) In general.--The term of office of a member of the 
     Council shall be 5 years.
       (2) Reappointment.--A member may be reappointed to the 
     Council on completion of the term of office of the member.
       (f) Compensation.--A member of the Council--
       (1) shall serve without compensation for service on the 
     Council; but
       (2) may be reimbursed for qualified expenses of the member.
       (g) Chairperson.--The Council shall elect a chairperson 
     from among the members of the Council.
       (h) Meetings.--
       (1) In general.--The Council shall meet at the call of the 
     chairperson--
       (A) not less frequently than quarterly until the management 
     plan under section 5102(c) is developed; and
       (B) thereafter, at the call of the Secretary.
       (2) Public meetings.--Each meeting of the Council shall be 
     open to the public.
       (3) Notice.--A notice of each meeting of the Council shall 
     be published in advance of the meeting.
       (i) Technical Assistance.--The Secretary shall provide, to 
     the maximum extent practicable in accordance with applicable 
     law, any information and technical services requested by the 
     Council to assist in carrying out the duties of the Council.
       (j) Renewal.--The Secretary shall ensure that the Council 
     charter is renewed as required under applicable law.
       (k) Duration.--The Council--
       (1) shall continue to function for the duration of 
     existence of the Conservation Area; but
       (2) on completion of the management plan, shall only meet--
       (A) at the call of the Secretary; or
       (B) in the case of a review or proposed revision to the 
     management plan.

            TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA

     SEC. 5201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT 
                   AREA.

       (a) Establishment.--
       (1) In general.--Subject to valid existing rights, there is 
     established the Dolores River Special Management Area in the 
     State.
       (2) Land included.--The Special Management Area shall 
     consist of approximately 15,452 acres of Federal land in the 
     San Juan National Forest in the State, including National 
     Forest System land in the Dolores River segment that extends 
     from the Dolores Project boundary downstream to the boundary 
     of the San Juan National Forest, as of the date of enactment 
     of this Act, as generally depicted as ``Proposed Dolores 
     River Special Management Area'' on the Map.
       (b) Purpose.--The purpose of the Special Management Area is 
     to conserve, protect, and enhance the native fish, whitewater 
     boating, recreational, hunting, fishing, scenic, cultural, 
     archaeological, natural, geological, historical, ecological, 
     watershed, wildlife, educational, and scientific resources of 
     the Special Management Area.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Special Management Area with the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (2) Effect.--The map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     minor errors in the map or legal description.
       (3) Public availability.--A copy of the map and legal 
     description shall be on file and available for public 
     inspection in the appropriate offices of the Forest Service.

     SEC. 5202. MANAGEMENT OF SPECIAL MANAGEMENT AREA.

       (a) In General.--The Secretary shall manage the Special 
     Management Area in accordance with--
       (1) this division;
       (2) the National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.); and
       (3) other applicable laws.
       (b) Uses.--The Secretary shall allow only such uses of the 
     Special Management Area as the Secretary determines would 
     further the purpose of the Special Management Area, as 
     described in section 5201(b).
       (c) Management Plan.--
       (1) Plan required.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     management plan for the long-term protection, management, and 
     monitoring of the Special Management Area.
       (B) Review and revision.--The management plan under 
     subparagraph (A) shall, from time to time, be subject to 
     review and revision in accordance with--
       (i) this division;
       (ii) the National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.); and
       (iii) other applicable laws.
       (2) Consultation and coordination.--The Secretary shall 
     prepare and revise the management plan under paragraph (1)--
       (A) in consultation with--
       (i) the State;
       (ii) units of local government;
       (iii) the public;
       (iv) the Council; and
       (v) the Native Fish Monitoring and Recommendation Team, as 
     described in section 5402(b)(1); and
       (B) in coordination with the Secretary of the Interior, 
     with respect to the development of the separate management 
     plan for the Conservation Area, as described in section 
     5102(c).
       (3) Recommendations.--In preparing and revising the 
     management plan under paragraph (1), the Secretary shall take 
     into consideration any recommendations from the Council.
       (4) Treaty rights.--In preparing and revising the 
     management plan under paragraph (1), taking into 
     consideration the rights and obligations described in section 
     5402, the Secretary shall ensure that the management plan 
     does not alter or diminish--
       (A) the treaty rights of any Indian Tribe;
       (B) any rights described in the Colorado Ute Indian Water 
     Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 
     2973); or
       (C) the operation or purposes of the Dolores Project.
       (d) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land located within the boundary of the 
     Special Management Area that is acquired by the United States 
     in accordance with section 5401(c) after the date of 
     enactment of this Act shall--
       (1) become part of the Special Management Area; and
       (2) be managed as provided in this section.

 TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL 
                     WILD AND SCENIC RIVERS SYSTEM

     SEC. 5301. PURPOSE.

       The purpose of this title is to release portions of the 
     Dolores River and certain tributaries from designation for 
     potential addition under the Wild and Scenic Rivers Act (16 
     U.S.C. 1271 et seq.) or from further study under that Act.

     SEC. 5302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER 
                   CONGRESSIONAL STUDY AREA.

       Section 5(a)(56) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1276(a)(56)) is amended by inserting ``and the 
     segments of the Dolores River located in the Dolores River 
     National Conservation Area designated by the Dolores River 
     National Conservation Area and Special Management Area Act'' 
     before the period at the end.

     SEC. 5303. APPLICABILITY OF CONTINUING CONSIDERATION 
                   PROVISION.

       Section 5(d)(1) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1276(d)(1)) shall not apply to--
       (1) the Conservation Area; or
       (2) the Special Management Area.

                      TITLE IV--GENERAL PROVISIONS

     SEC. 5401. MANAGEMENT OF COVERED LAND.

       (a) Motorized Vehicles.--
       (1) In general.--Except in cases in which motorized 
     vehicles are needed for administrative purposes or to respond 
     to an emergency, the use of motorized vehicles in the covered 
     land shall be permitted only on designated routes.
       (2) Road construction.--Except as necessary for 
     administrative purposes, protection of public health and 
     safety, or providing reasonable access to private property, 
     the Secretary shall not construct any permanent or temporary 
     road within the covered land after the date of enactment of 
     this Act.
       (b) Withdrawals.--Subject to valid existing rights, all 
     covered land, including any land or interest in land that is 
     acquired by the United States within the covered land after 
     the date of enactment of this Act, is withdrawn from--
       (1) 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, except as provided in section 
     5102(e).
       (c) Willing Sellers.--Any acquisition of land or interests 
     in land under this division shall be only by purchase from 
     willing sellers, donation, or exchange.
       (d) Grazing.--The Secretary shall issue and administer any 
     grazing leases or permits and trailing permits and administer 
     allotments in the covered land in accordance with the laws 
     (including regulations) applicable to the issuance and 
     administration of leases and permits on other land under the 
     jurisdiction of the Bureau of Land Management or Forest 
     Service, as applicable.

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       (e) Access to Private Land.--To ensure reasonable use and 
     enjoyment of private property (whether in existence on the 
     date of enactment of this Act or in an improved state), the 
     Secretary shall grant reasonable and feasible access through 
     the covered land to any private property that is located 
     within or adjacent to the covered land, if other routes to 
     the private property are blocked by physical barriers, such 
     as the Dolores River or the cliffs of the Dolores River.
       (f) Easements.--The Secretary may lease or acquire 
     easements on private land from willing lessors, donors, or 
     sellers for recreation, access, conservation, or other 
     permitted uses, to the extent necessary to fulfill the 
     purposes of the Conservation Area or Special Management Area, 
     as applicable.
       (g) Wildfire, Insect, and Disease Management.--The 
     Secretary may take any measures that the Secretary determines 
     to be necessary to control fire, insects, and diseases in the 
     covered land, (including, as the Secretary determines to be 
     appropriate, the coordination of the measures with the State 
     or a local agency).
       (h) Management of Ponderosa Gorge.--
       (1) In general.--The Secretary shall manage the areas of 
     the Conservation Area and Special Management Area identified 
     on the Map as ``Ponderosa Gorge'' in a manner that maintains 
     the wilderness character of those areas as of the date of 
     enactment of this Act.
       (2) Prohibited activities.--Subject to paragraphs (3) and 
     (4), in the areas described in paragraph (1), the following 
     activities shall be prohibited:
       (A) New permanent or temporary road construction or the 
     renovation of nonsystem roads in existence on the date of 
     enactment of this Act.
       (B) The use of motor vehicles, motorized equipment, or 
     mechanical transport, except as necessary to meet the minimum 
     requirements for the administration of the Federal land, to 
     protect public health and safety, or to conduct ecological 
     restoration activities to improve the aquatic habitat of the 
     Dolores River channel.
       (C) Projects undertaken for the purpose of harvesting 
     commercial timber.
       (3) Utility corridor.--Nothing in this subsection affects 
     the operation, maintenance, or location of the utility right-
     of-way within the corridor, as depicted on the Map.
       (4) Effect on certain vegetation management projects.--
     Nothing in this subsection--
       (A) affects the implementation of the Lone Pine Vegetation 
     Management Project authorized by the Forest Service in a 
     decision notice dated January 23, 2020; or
       (B) prohibits activities relating to the harvest of 
     merchantable products that are byproducts of activities 
     conducted--
       (i) for ecological restoration; or
       (ii) to further the purposes of this division.
       (i) Effect.--Nothing in this division prohibits the 
     Secretary from issuing a new permit and right-of-way within 
     the covered land for a width of not more than 150 feet for a 
     right-of-way that serves a transmission line in existence on 
     the date of enactment of this Act, on the condition that the 
     Secretary shall relocate the right-of-way in a manner that 
     furthers the purposes of this division.
       (j) Climatological Data Collection.--Subject to such terms 
     and conditions as the Secretary may require, nothing in this 
     division precludes the installation and maintenance of 
     hydrologic, meteorological, or climatological collection 
     devices in the covered land if the facilities and access to 
     the facilities are essential to public safety, flood warning, 
     flood control, water reservoir operation activities, or the 
     collection of hydrologic data for water resource management 
     purposes.

     SEC. 5402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS.

       (a) Dolores Project.--
       (1) Operation.--The Dolores Project and the operation of 
     McPhee Reservoir shall continue to be the responsibility of, 
     and be operated by, the Secretary, in cooperation with the 
     Dolores Water Conservancy District, in accordance with 
     applicable laws and obligations.
       (2) Effect.--Nothing in this division affects the Dolores 
     Project or the current or future operation of McPhee 
     Reservoir in accordance with--
       (A) the reclamation laws;
       (B) any applicable--
       (i) Dolores Project water contract, storage contract, or 
     carriage contract; or
       (ii) allocation of Dolores Project water;
       (C) the environmental assessment and finding of no 
     significant impact prepared by the Bureau of Reclamation 
     Upper Colorado Region and approved August 2, 1996;
       (D) the operating agreement entitled ``Operating Agreement, 
     McPhee Dam and Reservoir, Contract No. 99-WC-40-R6100, 
     Dolores Project, Colorado'' and dated April 25, 2000 (or any 
     subsequent renewal or revision of that agreement);
       (E) mitigation measures for whitewater boating, including 
     any such measure described in--
       (i) the document entitled ``Dolores Project Colorado 
     Definite Plan Report'' and dated April 1977;
       (ii) the Dolores Project final environmental statement 
     dated May 9, 1977; or
       (iii) a document referred to in subparagraph (C) or (D);
       (F) applicable Federal or State laws relating to the 
     protection of the environment, including--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.); and
       (G) the Colorado Ute Indian Water Rights Settlement Act of 
     1988 (Public Law 100-585; 102 Stat. 2973).
       (b) Management of Flows.--
       (1) In general.--In managing available flows below McPhee 
     Dam to conserve, protect, and enhance the resources described 
     in sections 5101(b) and 5201(b) of the Dolores River within 
     the covered land, including native fish and whitewater 
     boating resources, the Secretary shall seek to provide 
     regular and meaningful consultation and collaboration with 
     interested stakeholders, including the Native Fish Monitoring 
     and Recommendation Team, which includes water management 
     entities, affected counties, conservation interests, 
     whitewater boating interests, Colorado Parks and Wildlife, 
     and the Ute Mountain Ute Tribe, during the process of 
     decision making.
       (2) Annual report.--Beginning on the date that is 1 year 
     after the date of enactment of this Act and annually 
     thereafter, the Commissioner of Reclamation shall prepare and 
     make publically available a report that describes any 
     progress with respect to the conservation, protection, and 
     enhancement of native fish in the Dolores River.
       (c) Water Resource Projects.--
       (1) In general.--Subject to valid existing rights and 
     paragraph (2), after the date of enactment of this Act, the 
     Secretary or any other officer, employee, or agent of the 
     United States may not assist by loan, grant, license, or 
     otherwise in the construction or modification of any water 
     resource project--
       (A) located on the covered land that would--
       (i) affect the free-flowing character of any stream within 
     the covered land; or
       (ii) unreasonably diminish the resource values described in 
     sections 5101(b) and 5201(b) of the Dolores River within the 
     covered land; or
       (B) located outside the covered land that would 
     unreasonably diminish the resource values described in 
     sections 5101(b) and 5201(b) of the Dolores River within the 
     covered land.
       (2) Limitations.--Subject to the requirements of this 
     section, nothing in paragraph (1)--
       (A) prevents, outside the covered land--
       (i) the construction of small diversion dams or stock 
     ponds;
       (ii) new minor water developments in accordance with 
     existing decreed water rights; or
       (iii) minor modifications to structures; or
       (B) affects access to, or operation, maintenance, 
     relicensing, repair, or replacement of, existing water 
     resource projects.
       (d) Effect.--Nothing in this division--
       (1) affects--
       (A) any water right that is--
       (i) decreed under the laws of the State; and
       (ii) in existence on the date of enactment of this Act;
       (B) the use, allocation, ownership, or control, in 
     existence on the date of enactment of this Act, of any water 
     or water right;
       (C) 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;
       (D) any interstate water compact in existence on the date 
     of enactment of this Act; or
       (E) State jurisdiction over any water law, water right, or 
     adjudication or administration relating to any water 
     resource;
       (2) imposes--
       (A) any mandatory streamflow requirement within the covered 
     land; or
       (B) any Federal water quality standard within, or upstream 
     of, the covered land that is more restrictive than would be 
     applicable if the covered land had not been designated as the 
     Conservation Area or Special Management Area under this 
     division; or
       (3) constitutes an express or implied reservation by the 
     United States of any reserved or appropriative water right 
     within the covered land.

     SEC. 5403. EFFECT ON PRIVATE PROPERTY AND REGULATORY 
                   AUTHORITY.

       (a) Effect.--Nothing in this division--
       (1) affects valid existing rights;
       (2) requires any owner of private property to bear any 
     costs associated with the implementation of the management 
     plan under this division;
       (3) affects the jurisdiction or responsibility of the State 
     with respect to fish and wildlife in the State;
       (4) requires a change in or affects local zoning laws of 
     the State or a political subdivision of the State; or
       (5) affects--
       (A) the jurisdiction over, use, or maintenance of county 
     roads in the covered land; or
       (B) the administration of the portion of the road that is 
     not a county road and that is commonly known as the ``Dolores 
     River Road'' within the Conservation Area, subject to the 
     condition that the Secretary shall not improve the road 
     beyond the existing primitive condition of the road.
       (b) Adjacent Management.--
       (1) No buffer zones.--The designation of the Conservation 
     Area and the Special Management Area by this division shall 
     not create any protective perimeter or buffer zone around the 
     Conservation Area or Special Management Area, as applicable.
       (2) Private land.--Nothing in this division requires the 
     prohibition of any activity on private land outside the 
     boundaries of the

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     Conservation Area or the Special Management Area that can be 
     seen or heard from within such a boundary.

     SEC. 5404. TRIBAL RIGHTS AND TRADITIONAL USES.

       (a) Treaty Rights.--Nothing in this division affects the 
     treaty rights of any Indian Tribe, including rights under the 
     Agreement of September 13, 1873, ratified by the Act of April 
     29, 1874 (18 Stat. 36, chapter 136).
       (b) Traditional Tribal Uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the covered land by members of Indian 
     Tribes--
       (1) for traditional ceremonies; and
       (2) as a source of traditional plants and other materials.
                                 ______