[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Pages S3133-S3136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6004. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department 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 DOLORES RIVER
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 13, 2024.
(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.
[[Page S3134]]
(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;
(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.
[[Page S3135]]
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.
(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;
[[Page S3136]]
(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 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.
______