[Senate Report 118-176]
[From the U.S. Government Publishing Office]
Calendar No. 392
118th Congress } { Report
SENATE
2d Session } { 118-176
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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).
* * * * * * *
Testimony of Chris French, Deputy Chief, United States Department of
Agriculture, Forest Service
* * * * * * *
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.
* * * * * * *
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.
* * * * * * *
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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