[Senate Report 118-176]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 392
118th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      118-176

======================================================================



 
 DOLORES RIVER NATIONAL CONSERVATION AREA AND SPECIAL MANAGEMENT AREA 
                                  ACT

                                _______
                                

                  May 16, 2024.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 636]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 636) to establish the Dolores River 
National Conservation Area and the Dolores River Special 
Management Area in the State of Colorado, to protect private 
water rights in the State, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.

                               Amendments

    1. On page 4, strike lines 5 through 12 and insert the 
following:

          (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)).

    2. On page 5, strike lines 16 through 22 and insert the 
following:

          (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.

    3. On page 9, lines 4 and 5, strike ``within the boundaries 
of the Conservation Area''.

                                Purpose

    The purpose of S. 636 is to establish the Dolores River 
National Conservation Area and the Dolores River Special 
Management Area in the State of Colorado.

                          Background and Need

    Carving a spectacular canyon along its course through 
Colorado, the Dolores River flows southwest from its headwaters 
in the San Juan Mountains near Telluride; then abruptly turns 
north for over 150 miles until its confluence with the Colorado 
River in Utah. The Dolores River has long been prized for its 
world class recreational opportunities, including whitewater 
boating, fishing, hiking, and hunting.
    The stretch of the Dolores River covered by S. 636 was 
designated in 1975 for study under the Wild and Scenic Rivers 
Act for potential designation and was determined to be suitable 
for designation. Because of the controversy associated with a 
potential Wild and Scenic River designation, a formal 
collaborative, the Lower Dolores Plan Working Group, was formed 
in 2008 with the goal of permanently protecting the river 
canyon's natural values while allowing agricultural water use 
to continue. The Working Group includes commissioners from 
Montezuma, Dolores, and San Miguel Counties, and 
representatives from water providers, ranchers, motorized 
recreationalists, private landowners, boaters, and conservation 
interests.
    After a decade of work, the Working Group proposed a 
National Conservation Area and adjacent Special Management Area 
as the preferred designation. S. 636 would implement the 
Working Group's recommendations.

                          Legislative History

    S. 636 was introduced by Senators Bennet and Hickenlooper 
on March 2, 2023. The Subcommittee on Public Lands, Forests, 
and Mining held a hearing on S. 636 on July 12, 2023.
    Similar legislation, S. 4542, was introduced in the 117th 
Congress on July 14, 2022, by Senators Bennet and Hickenlooper. 
The Committee held a hearing on S. 4542 on December 1, 2022. An 
identical bill, H.R. 8601, was introduced in the House of 
Representatives on July 29, 2022, by Representatives Boebert, 
Buck, and Lamborn.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 14, 2023, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
636, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 636, the committee adopted 
three amendments. The first clarifies that the term 
``unreasonably diminish'' as used in the bill has the same 
meaning that it has in section 7(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1278(a)). The second requires the 
Secretary of the Interior to prepare a map and strikes a filing 
requirement in section 101(c) of the bill. The third clarifies 
that the National Conservation Area and Special Management Area 
designations do not affect 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.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

    Section 1 provides the short title for the bill, the 
``Dolores River National Conservation Area and Special 
Management Area Act,'' and the table of contents.

Section 2. Definitions

    Section 2 defines key terms used in the bill.

           TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA

Section 101. Establishment of Dolores River National Conservation Area

    Subsection (a) establishes the Dolores River National 
Conservation Area (Conservation Area) in the State of Colorado, 
consisting of 52,872 acres of Bureau of Land Management land, 
as generally depicted on the referenced map.
    Subsection (b) states 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.
    Subsection (c) requires the Secretary of the Interior 
(Secretary) to prepare a map and legal description of the 
Conservation Area as soon as practicable after the date of 
enactment of this Act, and clarifies that the map and legal 
description shall have the same force and effect as if included 
in this title. The map and legal descriptions shall be made 
available for public inspection in the appropriate offices of 
the Bureau of Land Management.

Section 102. Management of Conservation Area

    Subsection (a) requires the Secretary of the Interior to 
manage the Conservation Area in accordance with the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
and other applicable laws.
    Subsection (b) directs the Secretary to allow only those 
uses of the Conservation Area as are consistent with the 
purposes described in section 101(b).
    Subsection (c) requires the Secretary to develop a 
management plan for the Conservation Area not later than 3 
years after the date of enactment of this Act, and requires the 
Secretary to review and revise the management plan from time-
to-time in accordance with the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other 
applicable laws. The Secretary is required to consult with the 
State of Colorado, units of local government, the public, the 
Dolores River National Conservation Area Advisory Council 
(Council), and the Native Fish Monitoring and Recommendation 
Team, in coordination with the Secretary of Agriculture with 
respect to the management plan required for the Special 
Management Area. The subsection also requires that the 
Secretary take into consideration recommendations from the 
Council and to ensure that nothing in the management plan 
diminishes or alters the treaty rights of an Indian Tribe, or 
any rights described in the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973), or 
the operation or purposes of the Dolores Project.
    Subsection (d) provides that any land or interests in land 
located within the boundary of the Conservation Area that is 
acquired by the United States shall become part of the 
Conservation Area and be managed in accordance with this 
section.
    Subsection (e) states that 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 in the 
Department of Energy (DOE) within the boundaries of the 
Conservation Area. The land designated for the uranium leasing 
program shall be exempt from section 401(b) of this Act 
(concerning the management of the Conservation Area and Special 
Management Area) and shall be managed in a manner that allows 
the leases to fulfill the purposes of the DOE program and in 
accordance with other provisions of this Act.
    The subsection also states that the land subject to the DOE 
program shall be considered part of the Conservation Area if 
the Secretary finds that the lease has expired and the lease 
tract has been removed from the DOE leasing program, and that 
the land is suitable for inclusion in the Conservation Area. 
Finally, nothing in this paragraph prevents the Secretary of 
Energy from extending any lease described in this subsection.

Section 103. Dolores River National Conservation Area Advisory Council

    Subsection (a) requires the Secretary of the Interior to 
establish the ``Dolores River National Conservation Area 
Advisory Council'' not later than one year after the date of 
enactment of this Act.
    Subsection (b) lists the duties of the Council, which are 
to advise the Secretary of the Interior and the Secretary of 
Agriculture with respect to the preparation, implementation, 
and monitoring of each of the respective management plans of 
the Conservation Area and Special Management Area.
    Subsection (c) states the Council is subject to applicable 
laws, including the Federal Advisory Committee Act (chapter 10 
of title 5, U.S.C.), the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.), and this Act.
    Subsection (d) provides that the Council shall consist of 
14 members to be appointed by the Secretary of the Interior, 
and lists the requirements for the members.
    Subsection (e) states that members of the Council shall 
serve for a term of 5 years and may be re-appointed to the 
Council on completion of a term.
    Subsection (f) provides that members of the Council shall 
serve without compensation, but may be reimbursed for qualified 
expenses.
    Subsection (g) directs the Council to elect a chairperson 
from among the members of the Council.
    Subsection (h) requires the Council to meet at the call of 
the chairperson not less frequently than quarterly until the 
management plan for the Conservation Area is developed, and 
thereafter, shall meet at the call of the Secretary of the 
Interior. The meetings shall be open to the public with a 
notice published prior to the meeting.
    Subsection (i) directs the Secretary of the Interior to 
provide, to the maximum extent practicable, any information and 
technical services requested by the Council to assist in 
carrying out the duties of the Council.
    Subsection (j) requires the Secretary of the Interior to 
ensure that the Council charter is renewed as required under 
applicable law.
    Subsection (k) provides that the Council shall function for 
the duration of the existence of the Conservation Area, but on 
completion of the management plan, shall only meet at the call 
of the Secretary or in the case of a review or proposed 
revision to the management plan.

            TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA

Section 201. Designation of Dolores River Special Management Area

    Subsection (a) establishes the Dolores River Special 
Management Area in the State of Colorado, subject to valid 
existing rights, to consist of approximately 15,452 acres of 
Federal land in the San Juan National Forest, 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 generally depicted 
on the referenced map.
    Subsection (b) states 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.
    Subsection (c) directs the Secretary of Agriculture to file 
a map and legal description of the Special Management Area with 
the referenced congressional committees. The map and legal 
description shall have the same force and effect as if included 
in this title, except that the Secretary may correct minor 
errors. The map and legal description to be on file and 
available for public inspection in the appropriate offices of 
the Forest Service.

Section 202. Management of the Special Management Area

    Subsection (a) states that the Secretary of Agriculture 
shall manage the Special Management Area in accordance with 
this Act, the National Forest Management Act of 1976 (16 U.S.C. 
1600 et seq.), and other applicable laws.
    Subsection (b) provides that the Secretary of Agriculture 
shall only allow uses that would further the purposes of the 
Special Management Area as described in section 201(b).
    Subsection (c) requires the Secretary of Agriculture to 
develop a management plan for the long-term protection, 
management, and monitoring of the Special Management Area no 
later than 3 years after the date of enactment of this Act, and 
requires the Secretary to review and revise the management plan 
from time-to-time in accordance with the National Forest 
Management Act of 1976 (16 U.S.C. 1600 et seq.) and other 
applicable laws.
    The subsection also requires the Secretary of Agriculture 
to consult with the State of Colorado, units of local 
government, the public, the Dolores River National Conservation 
Area Advisory Council, and the Native Fish Monitoring and 
Recommendation Team, all in coordination with the Secretary of 
the Interior, with respect to the development of the management 
plan for the Conservation Area. The Secretary of Agriculture is 
required to take into consideration any recommendations from 
the Council, and in preparing and revising the management plan 
shall ensure that the plan does not alter or diminish the 
treaty rights of any Indian Tribe, any rights described in the 
Colorado Ute Indian Water Rights Settlement Act of 1988, or the 
operation or purposes of the Dolores Project.
    Subsection (d) states that any land or interest in land 
within the boundary of the Special Management Area that is 
acquired by the United States shall become part of the Special 
Management Area and be managed in accordance with in this 
section.

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

Section 301. Purpose

    Section 301 states the purpose of the title, which 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.

Section 302. Release of designated segments from Dolores River 
        Congressional Study Area

    Section 302 amends section 5(a)(56) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1276(a)(56)) to release from wild and 
scenic river study designation the segments of the Dolores 
River located in the Dolores River National Conservation Area 
for inclusion in the National Wild and Scenic Rivers System.

Section 303. Applicability of continuing consideration provision

    Section 303 states that section 5(d)(1) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1276(d)(1)) is not applicable to 
the National Conservation Area or the Special Management Area.

                      TITLE IV--GENERAL PROVISIONS

Section 401. Management of covered land

    Subsection (a) permits the use of motorized vehicles in the 
National Conservation Area or Special Management Area only on 
designated routes, except for administrative purposes or 
emergencies. The Secretary of Agriculture and the Secretary of 
the Interior is prohibited from constructing any permanent or 
temporary roads, except as necessary for administrative 
purposes, protection of public health and safety, or for 
providing reasonable access to private property.
    Subsection (b) withdraws the covered land, subject to valid 
existing rights, including any land or interests in land 
acquired by the United States, from entry, appropriation or 
disposal under the public land laws; location, entry, and 
patent under the mining laws; and operation of the mineral 
leasing, mineral materials, and geothermal leasing laws, except 
as provided in section 102(e) of this Act.
    Subsection (c) states that any acquisition of land or 
interests in land under this Act shall only be by purchase from 
willing sellers, donation, or exchange.
    Subsection (d) requires the Secretary of Agriculture and 
the Secretary of the Interior to issue and administer any 
grazing leases, permits, trailing permits, and allotments in 
the covered land in accordance with the laws and regulations 
applicable land under the jurisdiction of the Bureau of Land 
Management or Forest Service.
    Subsection (e) directs the Secretary of Agriculture and 
Secretary of the Interior to grant reasonable and feasible 
access through the covered land to private property located 
within or adjacent to the covered land, if other routes are 
blocked by physical barriers like the Dolores River or the 
cliffs of the Dolores River.
    Subsection (f) authorizes the Secretary of Agriculture and 
the Secretary of the Interior to 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 National 
Conservation Area or Special Management Area.
    Subsection (g) authorizes Secretary of Agriculture or the 
Secretary of the Interior to take any measures necessary to 
control fire, insects, and diseases in the covered land, 
including coordination with other State or local agencies' 
measures.
    Subsection (h) addresses the management of the Ponderosa 
Gorge identified on the referenced map. The Secretary of 
Agriculture and the Secretary of the Interior are required to 
manage the areas of the National Conservation Area and Special 
Management Area identified as the Ponderosa Gorge in a manner 
that maintains the wilderness character of those areas as of 
the date of enactment of this Act. The subsection also 
prohibits the construction of permanent or temporary roads; the 
renovation of non-system roads; the use of motorized vehicles 
or equipment or mechanical transport, except as necessary to 
meet the requirements for the administration of the land, to 
protect public safety, or to conduct ecological restoration 
activities of the Dolores River channel; or projects undertaken 
for the purpose of harvesting commercial timber. It also states 
that nothing in this subsection affects the operation, 
maintenance, or location of the utility right-of-way within the 
corridor. Finally, nothing in this subsection affects the 
implementation of the Lone Pine Vegetation Management Project 
authorized by the Forest Service in a decision notice dated 
January 23, 2020 or prohibits activities related to the harvest 
of merchantable byproducts of ecological restoration activities 
or activities conducted to further the purposes of this Act.
    Subsection (i) states that nothing in this Act prohibits 
the Secretary of Agriculture or the Secretary of the Interior 
from issuing a new permit or right-of-way that serves a 
transmission line in existence on the date of enactment of this 
Act, on the condition that it is relocated in a manner that 
furthers the purposes of this Act.
    Subsection (j) states that subject such terms and 
conditions that the Secretary of Agriculture or the Secretary 
of the Interior may require, nothing in this Act precludes the 
installation and maintenance of hydrologic, meteorological, or 
climatological collection devices if they are essential to 
public safety, flood warning or control, water reservoir 
operation activities, or the collection of hydrological data 
for water resource management purposes.

Section 402. Protection of water rights and other interests

    Subsection (a) states that the Dolores Project and the 
operation of the McPhee Reservoir will continue to be the 
responsibility of, and operated by the Secretary of the 
Interior, in cooperation with the Dolores Water Conservancy 
District, in accordance with applicable laws and obligations.
    The subsection also provides that nothing in this Act 
affects the Dolores Project or the current or future operation 
of McPhee Reservoir in accordance with the reclamation laws; 
any applicable Dolores Project water contract, storage 
contract, carriage contract, or allocation of Dolores Project 
water; the environmental assessment and finding of no 
significant impact prepared by the Bureau of Reclamation Upper 
Colorado Region approved August 2, 1996; the operating 
agreement of the McPhee Dam and Reservoir dated April 25, 2000, 
or any subsequent renewal or revision of that agreement; 
mitigation measures for whitewater boating; the Dolores Project 
final environmental statement dated May 9, 1977; and applicable 
Federal or State laws, including the Endangered Species Act of 
1973, the National Environmental Policy Act of 1969, the 
Federal Water Pollution Control Act, and the Colorado Ute 
Indian Water Rights Settlement Act of 1988.
    Subsection (b) states that in managing available flows 
below McPhee Dam to conserve, protect, and enhance the 
resources described in section 101(b) and 201(b), the Secretary 
of the Interior 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. Finally, 
one year after the date of enactment of this Act and annually 
thereafter, the Commissioner of Reclamation is required to 
prepare and make publically available a report that describes 
any progress to conserve, protect, and enhance native fish in 
the Dolores River.
    Subsection (c) provides that after the date of enactment of 
this Act, and subject to valid existing rights, the Secretary 
of the Interior, 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 that would affect the free-flowing character 
of any stream, unreasonably diminish the resource values of the 
Dolores River on the covered land, or any construction or 
modification of any project located outside the covered land 
that would reasonably diminish the resource values of the 
Dolores River. Nothing in this section prevents the 
construction of small diversion dams or stock ponds, new minor 
water developments in accordance with existing decreed water 
rights, minor modifications to structures, or affects access 
to, or operation, maintenance, relicensing, repair, or 
replacement of, existing water resource projects.
    Subsection (d) states that nothing in this Act affects: any 
water right decreed in Colorado or in existence on the date of 
enactment of this Act; the use, allocation, ownership, or 
control, of any water or water right in existence on the date 
of enactment; any vested absolute or decreed conditional water 
right in existence on the date of enactment, including any 
Federal water right; any interstate water compact in existence 
on the date of enactment; or state jurisdiction over any water 
law, water right, or adjudication or administration relating to 
any water resource. It also states that nothing in this Act 
imposes any mandatory streamflow requirement within the covered 
land, or any Federal water quality standard within, or upstream 
of, the covered land that is more restrictive than necessary if 
that land had not been designated as the Conservation Area or 
Special Management Area. Finally, nothing in this Act 
constitutes an express or implied reservation by the United 
States of any reserved or appropriative water right within the 
covered land.

Section 403. Effect on private property and regulatory authority

    Subsection (a) states that nothing in this Act affects 
valid existing rights, the jurisdiction or responsibility of 
the State with respect to fish and wildlife in the State, the 
jurisdiction over, use, or maintenance of county roads in the 
covered land, or the administration of the portion of the road 
commonly referred to as the ``Dolores River Road,'' subject to 
the condition that the Secretary of the Interior cannot improve 
the road beyond its existing primitive condition. Nothing in 
this Act requires any private property owner to bear any costs 
associated with the implementation of the management plan under 
this Act, or requires a change in or affects local zoning laws 
of Colorado or a political subdivision of Colorado.
    Subsection (b) clarifies that no buffer zone or protective 
perimeter around the designated areas are created by the 
designation of the Conservation Area or Special Management 
Area. Nothing in this Act precludes any activity on private 
land outside the boundary of the Conservation Area or Special 
Management Area that can be seen or heard from within the 
boundary.

Section 404. Tribal rights and traditional uses

    Subsection (a) clarifies that nothing in this Act affects 
the treaty rights of any Indian Tribe, including rights under 
the Agreement of September 13, 1873, ratified April 29, 1874. 
(18 Stat. 36, chapter 136).
    Subsection (b), subject to any terms and conditions as the 
Secretary of Agriculture and the Secretary of the Interior 
determines to be necessary, the Secretaries shall allow for the 
continued use of the covered land by members of Indian Tribes 
for traditional ceremonies and as a source of traditional 
plants and other materials.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 636 as 
ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 636. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 636, as ordered reported.

                   Congressionally Directed Spending

    S. 636, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management and 
the Forest Service on S. 636 at the Subcommittee on Public 
Lands, Forests, and Mining July 12, 2023 hearing follows:

     Statement of Thomas Heinlein, Assistant Director for National 
     Conservation Lands and Community Partnerships, Bureau of Land 
Management, U.S. Department of the Interior

           *       *       *       *       *       *       *



 s. 636, dolores river national conservation area & special management 
                                area act


    S. 636 establishes the Dolores River National Conservation 
Area (NCA) on approximately 52,872 acres of public lands 
managed by the BLM and the Dolores River Special Management 
Area (SMA) on approximately 15,452 acres of National Forest 
System lands managed by the USFS across Dolores, Montezuma, and 
San Miguel Counties in southwest Colorado. The bill also 
generally withdraws these newly designated areas from the 
public land and mining laws, subject to valid existing rights. 
Finally, the bill provides for the Bureau of Reclamation's 
(Reclamation) continued operation of the Dolores Project and 
McPhee Reservoir in cooperation with the Dolores Water 
Conservancy District.
    On January 27, 2021, President Biden signed Executive Order 
(EO) 14008, Tackling the Climate Crisis at Home and Abroad, 
which launched a government-wide effort to confront climate 
change and ensure balance on public lands and waters. The 
President's directive recognizes the opportunities America's 
lands and waters offer to be part of the climate solution and 
outlines a historic and ambitious challenge to the nation to 
conserve them. The Biden Administration's America the Beautiful 
initiative calls for collaborative, locally led conservation 
efforts of diverse landscapes that provide habitat for fish and 
wildlife, and supports Tribally led conservation and 
restoration priorities. The Department of the Interior 
(Department) welcomes the Sponsor's efforts to support 
designations to improve conservation and appreciation of our 
nation's public lands, and we support S. 636.
    The Department notes the bill states that all provisions of 
the bill, including the withdrawal, are subject to valid 
existing rights, which means that nothing in its provisions 
affects uranium leases issued by the Department of Energy. The 
Department defers to the Department of Energy and USFS 
concerning the bill's provisions which pertain exclusively to 
the jurisdictions of their agencies.


                                analysis


    The Dolores River originates near San Miguel Peak in 
Colorado and runs approximately 241 miles before it flows into 
the Colorado River in Grand County, Utah. The Dolores River is 
a popular recreation destination for hiking, camping, hunting, 
fishing, wildlife viewing, off highway vehicle use, and other 
outdoor activities. The technical rapids of the river are well 
known among whitewater rafting enthusiasts. Additionally, the 
proposed NCA supports a variety of wildlife and plant species 
including canyon tree frogs, the Roundtail Chub fish, and 
Kachina daisy, among others. Some of these species are 
particularly sensitive and have suffered population declines 
throughout their native range.
    S. 636 establishes the Dolores River NCA on approximately 
52,872 acres of BLM-managed public lands in southwestern 
Colorado and requires the BLM to develop a management plan for 
the NCA within three years of the bill's enactment. Under the 
bill, all Federal land in the NCA, including land acquired 
within the NCA after the bill's enactment, would be withdrawn 
from operation of the public land, mining, mineral leasing, 
geothermal leasing, and mineral materials disposal laws, 
subject to valid existing rights. The bill also releases 
portions of the Dolores River and certain tributaries within 
the NCA from potential designation or study under the Wild and 
Scenic Rivers Act.
    The BLM supports the designation of the NCA as it aligns 
with the Administration's conservation goals. The designation 
would enhance the BLM's ability to manage and protect the many 
existing conservation and recreation values within the area, 
particularly sensitive native fish species and whitewater 
rafting opportunities supported by the Dolores River.
    The BLM would appreciate the opportunity to work with the 
Sponsor on some technical aspects of the bill, such as ensuring 
consistent use of terminology between Departments and 
modifications to the legislative map referenced in the bill.


       dolores river national conservation area advisory council


    S. 636 requires the BLM to establish the Dolores River 
National Conservation Area Advisory Council (``Council'') 
within one year of the bill's enactment to advise the BLM on 
the preparation, implementation, and monitoring of the NCA 
management plan. Under the bill, the BLM is to appoint fourteen 
members to the Council, representing agricultural, 
conservation, and recreation interests, in addition to members 
representing local counties, Colorado Parks and Wildlife, an 
owner of private land in immediate proximity to the NCA, a 
holder of a grazing allotment in the NCA, and two 
representatives from Indian Tribes, one of which is a 
representative of the Ute Mountain Ute Tribe.
    The BLM notes that the Southwest District Resource Advisory 
Council (RAC) is active in the area, and we would appreciate 
the opportunity to work with the Sponsor to clarify their 
intent regarding the potentially overlapping roles of the 
existing RAC and the new Council.


          dolores river national conservation area management


    Section 401 of the bill outlines management direction for 
the proposed Dolores River NCA. The bill provides for motorized 
vehicle access within the NCA along designated routes, except 
in cases where motorized vehicles are needed for administrative 
purposes or to respond to an emergency. The bill also prohibits 
the construction of new permanent or temporary roads within the 
NCA, except for administrative purposes, protection of public 
health and safety, or to provide reasonable access to private 
property. County-managed roads and the Dolores River Road are 
exempted from the bill's restrictions on use and maintenance, 
provided that the Federally managed portions of the Dolores 
River Road are not to be improved beyond its existing primitive 
condition.
    S. 636 provides for continued grazing in the Dolores River 
NCA. The bill permits the BLM to take any measures determined 
necessary to control fire, insects, and diseases in the Dolores 
River NCA. It also allows the BLM to issue new permits and 
rights-of-way less than 150 feet wide within the Dolores River 
NCA for servicing transmission lines in existence on the date 
of 4 enactment, on the condition that the BLM relocates the 
right-of-way in a manner that furthers the purposes of the 
bill. Additionally, the bill permits the installation and 
maintenance of hydrologic, meteorological, or climatological 
collection devices in the NCA if essential to public safety, 
flood warning, flood control, water reservoir operation, or 
collection of hydrologic data for water resource management. 
Lastly, S. 636 allows for the continued use of the lands within 
the NCA by members of Indian Tribes for traditional ceremonies 
and as a source of traditional plants and other materials.
    The bill requires the BLM to manage the Ponderosa Gorge 
within the Dolores River NCA in a manner that maintains its 
wilderness character. To this end, the bill prohibits the 
construction of new permanent or temporary roads within the 
Ponderosa Gorge area, as well as the renovation of existing 
non-system roads. The use of motorized vehicles or equipment 
are prohibited within the Ponderosa Gorge, except as necessary 
to meet the minimum requirements for the administration of the 
land, protection of health and safety, or carrying out 
ecological restoration activities to improve the aquatic 
habitat of the Dolores River. Under the bill, commercial timber 
harvest would not be permitted in the Ponderosa Gorge, other 
than the harvest of merchantable products that are the 
byproducts of ecological restoration activities or activities 
furthering the purposes of the bill. However, the bill exempts 
the operation, maintenance, or location of an existing utility 
right-of-way in the Gorge.
    The bill's management provisions will enhance the BLM's 
efforts to protect the remote nature of the area. The BLM would 
like to work with the Sponsor on some technical modifications 
to the management section of the bill. The BLM recommends that 
the Sponsor provide clarification on the term ``motorized 
vehicle,'' as the BLM and the USFS define the term differently. 
We would like to work with the Sponsor on the appropriate 
terminology to maintain ``wilderness character'' within the 
context of an NCA. Additionally, the BLM recommends that the 
Sponsor clarify whether the construction of temporary roads to 
respond to wildfire is intended to be included within the 
allowable measures necessary to control fire, insects, and 
diseases in the NCA. The BLM also recommends the addition of 
language allowing for construction and maintenance of motorized 
routes and parking areas to mitigate potential adverse impacts 
to natural resources. Finally, the BLM would also like to work 
with the Sponsor to clarify their intent for the bill's 
conditions governing rights-of-way serving transmission lines 
in section 401(i).


     the dolores project, mcphee dam/reservoir, & water management


    Section 402 provides that Reclamation remains the owner and 
operator of McPhee Reservoir and the Dolores Project (Project), 
in cooperation with the Dolores Water Conservancy District. The 
Dolores Project includes one dam, a dike, and nearly two 
hundred miles of canals, tunnels, pipelines, and laterals and 
provides water for recreation, fish, wildlife, flood control 
and production of hydroelectric power. Under this section, the 
creation of the NCA and SMA would allow for the Project to 
continue to be operated as it is currently.
    Section 402(a) maintains existing operations of the Project 
pursuant to its authorization and governing agreements. 
Reclamation's interpretation of this provision is that the 
establishment of the NCA and the SMA would not change current 
or future operation of the Project unless such changes would be 
consistent with current Project authorities and agreements.
    Section 402(b) requires Reclamation to continue regular and 
meaningful consultation and collaboration with interested 
stakeholders and to prepare an annual report, to be made 
publicly available, regarding progress on the conservation, 
protection, and enhancement of native fish in the Dolores 
River.
    Sections 402(c)(1)(A) places restrictions on the Federal 
government participating in the construction or modification of 
water resource projects within the NCA or the SMA that could 
impact the free-flowing character of any stream, or from 
participating in water resource projects outside the NCA or the 
SMA that would unreasonably diminish the resource values within 
those areas.
    Reclamation appreciates the work to protect the free-
flowing nature of the river within these areas while retaining 
the use and benefits provided by the Project. Reclamation 
anticipates that its existing annual report on flow management 
of the Dolores River would address this annual reporting 
requirement of Section 402(b).

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 Testimony of Chris French, Deputy Chief, United States Department of 
Agriculture, Forest Service

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    s. 636, ``dolores river national conservation area and special 
                         management area act''


    Title II of S. 636 would create the Dolores River Special 
Management Area (SMA), consisting of approximately 15,452 acres 
in the San Juan National Forest, to be managed in accordance 
with applicable federal laws. To meet the purpose of the SMA as 
established by Section 201, Section 202 would require the 
development of a management plan in coordination with State and 
local governments, the public, the advisory council created by 
section 103, the Native Fish Monitoring and Recommendation Team 
as described in section 402, and the Secretary of the Interior. 
Title III states that its purpose is to remove certain segments 
of the Dolores River from future consideration for designation 
as a wild and scenic river under the Wild and Scenic Rivers 
Act, 16 U.S.C. 1271 et seq. One of these is a 5.5-mile segment 
running from McPhee to Bradfield Bridge that has been 
determined to be eligible and suitable for designation as a 
wild and scenic river under the San Juan National Forest Land 
Management Plan. This segment was found through the federal 
land management planning process to have outstandingly 
remarkable values that include scenery, geology, fish, and 
wildlife, with a preliminary classification of 
``recreational.'' Title IV contains general management 
provisions for the SMA, including establishment of special 
requirements in the area identified as Ponderosa Gorge, as well 
as certain protections for the SMA from the construction or 
modification of water resource projects. Section 404(a) 
specifies that nothing in the Act would affect the treaty 
rights of any Indian Tribe, including rights under the 
Agreement of September 13, 1873 (the Brunot Agreement), 
ratified by the Act of April 29, 1874.
    USDA supports S. 636 and appreciates the broad support for 
the bill across Southwest Colorado.

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                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 636, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                     THE WILD AND SCENIC RIVERS ACT

                           Public Law 90-542


AN ACT To provide for a National Wild and Scenic Rivers System, and for 
other purposes.

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    Sec. 5. The following rivers are hereby designated for 
potential addition to the national wild and scenic rivers 
system:

           *       *       *       *       *       *       *

          (56) Dolores, Colorado: The segment of the main stem 
        from Rico upstream to its source, including its 
        headwaters; the West Dolores from its source, including 
        its headwaters, downstream to its confluence with the 
        main stem; and the segment from the west boundary, 
        section 2, township 38 north, range 16 west, NMPM, 
        below the proposed McPhee Dam, downstream to the 
        Colorado-Utah border, excluding the segment from one 
        mile above Highway 90 to the confluence of the San 
        Miguel River 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.

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