HR 170 IHCommentsClose CommentsPermalink

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

January 6, 2009CommentsClose CommentsPermalink

Mr. SALAZAR introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Dominguez-Escalante National Conservation Area and Dominguez Canyon Wilderness Area Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) certain areas located in Mesa, Montrose, and Delta Counties, Colorado, should be protected and enhanced for the benefit and enjoyment of present and future generations;CommentsClose CommentsPermalink





(2) the land that comprises the Dominguez-Escalante National Conservation Area established by section 4(a)(1)--CommentsClose CommentsPermalink





(A) contains unique and valuable paleontological, natural, and wildlife components, which are enhanced by the rural western setting of the area;CommentsClose CommentsPermalink





(B) provides extensive opportunities for recreational activities, including along the nationally renowned Tabeguache Trail;CommentsClose CommentsPermalink





(C) is publicly used for hiking, bicycling, camping, and grazing; andCommentsClose CommentsPermalink





(D) is worthy of additional protection as a national conservation area; andCommentsClose CommentsPermalink





(3) the land that comprises the Dominguez Canyon Wilderness Area designated by section 5(a)--CommentsClose CommentsPermalink





(A) has wilderness value; andCommentsClose CommentsPermalink





(B) offers unique geological, archaeological, paleontological, fish and wildlife, riparian, water, scientific, and recreational resources.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to establish the Dominguez-Escalante National Conservation Area and the Dominguez Canyon Wilderness Area in the State, to be administered as part of the National Landscape Conservation System to conserve and protect for the benefit and enjoyment of present and future generations--CommentsClose CommentsPermalink





(1) the unique and nationally important values of certain public land in the Mesa, Montrose, and Delta Counties, Colorado (including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land); andCommentsClose CommentsPermalink





(2) the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) CONSERVATION AREA- The term ‘Conservation Area’ means the Dominguez-Escalante National Conservation Area established by section 4(a)(1).CommentsClose CommentsPermalink





(2) COUNCIL- The term ‘Council’ means the Dominguez-Escalante National Conservation Area Advisory Council established under section 9.CommentsClose CommentsPermalink





(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan developed under section 8.CommentsClose CommentsPermalink





(4) MAP- The term ‘Map’ means the map entitled ‘Dominguez-Escalante National Conservation Area’ and dated May 22, 2008.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.CommentsClose CommentsPermalink





(6) STATE- The term ‘State’ means the State of Colorado.CommentsClose CommentsPermalink





(7) WILDERNESS- The term ‘Wilderness’ means the Dominguez Canyon Wilderness Area designated by section 5(a).CommentsClose CommentsPermalink

SEC. 4. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established the Dominguez-Escalante National Conservation Area in the State.CommentsClose CommentsPermalink





(2) AREA INCLUDED- The Conservation Area shall consist of approximately 210,677 acres of public land, as generally depicted on the Map.CommentsClose CommentsPermalink





(b) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the Conservation Area--CommentsClose CommentsPermalink





(A) as a component of the National Landscape Conservation System;CommentsClose CommentsPermalink





(B) in a manner that conserves, protects, and enhances the resources of the Conservation Area described in section 2(b); andCommentsClose CommentsPermalink





(C) in accordance with--CommentsClose CommentsPermalink





(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(ii) this Act; andCommentsClose CommentsPermalink





(iii) any other applicable laws.CommentsClose CommentsPermalink





(2) USES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall allow only such uses of the Conservation Area as the Secretary determines would further the purposes for which the Conservation Area is established.CommentsClose CommentsPermalink





(B) USE OF MOTORIZED VEHICLES-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), use of motorized vehicles in the Conservation Area shall be allowed--CommentsClose CommentsPermalink





(I) before the effective date of the management plan, only on roads and trails designated for use of motor vehicles in the management plan that applies on the date of the enactment of this Act to the public land in the Conservation Area; andCommentsClose CommentsPermalink





(II) after the effective date of the management plan, only on roads and trails designated in the management plan for the use of motor vehicles.CommentsClose CommentsPermalink





(ii) ADMINISTRATIVE AND EMERGENCY RESPONSE USE- Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency.CommentsClose CommentsPermalink

SEC. 5. DOMINGUEZ CANYON WILDERNESS AREA.

(a) In General- Approximately 66,280 acres of public land in Mesa, Montrose, and Delta Counties, Colorado, as generally depicted on the Map, are designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Dominguez Canyon Wilderness Area’.CommentsClose CommentsPermalink





(b) Administration of Wilderness- Subject to valid existing rights, land designated as wilderness by this Act shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 6. MAPS AND LEGAL DESCRIPTIONS.

(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress--CommentsClose CommentsPermalink





(1) a copy of the Map; andCommentsClose CommentsPermalink





(2) legal descriptions of the Conservation Area and the Wilderness.CommentsClose CommentsPermalink





(b) Force and Effect- The Map and legal descriptions submitted under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the Map and legal descriptions.CommentsClose CommentsPermalink





(c) Public Availability- The Map and legal description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink

SEC. 7. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.

(a) Withdrawals- Subject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States for the Conservation Area or the Wilderness after the date of enactment of this Act is withdrawn from--CommentsClose CommentsPermalink





(1) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink





(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink





(b) Grazing-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation Area in accordance with the laws (including regulations) and Executive orders applicable to the issuance and administration of leases and permits on other land under the jurisdiction of the Bureau of Land Management.CommentsClose CommentsPermalink





(2) GRAZING IN WILDERNESS- The grazing of livestock in areas of the Wilderness that are administered by the Bureau of Land Management and in which grazing is established as of the date of enactment of this Act shall be allowed to continue--CommentsClose CommentsPermalink





(A) subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; andCommentsClose CommentsPermalink





(B) consistent with--CommentsClose CommentsPermalink





(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(ii) the guidelines set forth in Appendix A of House Report 101-405.CommentsClose CommentsPermalink





(c) No Buffer Zones-CommentsClose CommentsPermalink





(1) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the Conservation Area.CommentsClose CommentsPermalink





(2) ACTIVITIES OUTSIDE CONSERVATION AREA- The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.CommentsClose CommentsPermalink





(d) Acquisition of Land-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may acquire non-Federal land within the boundaries of the Conservation Area or the Wilderness only through purchase from a willing seller, exchange, or donation.CommentsClose CommentsPermalink





(2) MANAGEMENT- Land acquired under paragraph (1) shall be managed as part of the Conservation Area or the Wilderness, as applicable, in accordance with this Act.CommentsClose CommentsPermalink





(3) CERTAIN CONSERVATION AREA EXCHANGES-CommentsClose CommentsPermalink





(A) IN GENERAL- In order to protect and consolidate Federal land within the boundary of the Conservation Area and subject to subparagraph (B), the Secretary may enter into an agreement with any owner of private land within the boundaries of the Conservation Area to exchange the private land for Federal land in the Conservation Area, if the Secretary determines that the exchange would enhance the values for which the Conservation Area is established.CommentsClose CommentsPermalink





(B) CONDITIONS- An exchange of land under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) be carried out consistent with any applicable laws (including regulations), including laws relating to appraisals and equal value exchanges; andCommentsClose CommentsPermalink





(ii) be subject to--CommentsClose CommentsPermalink





(I) valid existing rights; andCommentsClose CommentsPermalink





(II) any terms and conditions that the Secretary may require.CommentsClose CommentsPermalink





(e) Fire, Insect, Invasive Species, and Disease Management Activities- The Secretary may undertake such measures in the Conservation Area and Wilderness as are necessary to control and prevent fire, insects, invasive species, and diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and any other applicable laws (including regulations) and Executive orders.CommentsClose CommentsPermalink





(f) Interpretive Facilities or Sites-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, in cooperation with any other public or private entities as the Secretary determines to be appropriate, may establish minimal interpretive facilities or sites in or near the Conservation Area.CommentsClose CommentsPermalink





(2) REQUIREMENTS- Any facilities or sites established under paragraph (1) shall be designed to protect the resources described in section 2(b).CommentsClose CommentsPermalink





(g) Public Access- The Secretary shall continue to provide private landowners reasonable access to inholdings in the Conservation Area.CommentsClose CommentsPermalink





(h) Water Rights-CommentsClose CommentsPermalink





(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





(A) as of the date of enactment of this Act, no private conditional water rights are located in the Wilderness; andCommentsClose CommentsPermalink





(B) the boundaries of the Wilderness are drawn in a manner that does not include any portion of the Gunnison River in the Wilderness.CommentsClose CommentsPermalink





(2) EFFECT ON WATER RIGHTS- Nothing in this Act--CommentsClose CommentsPermalink





(A) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;CommentsClose CommentsPermalink





(B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;CommentsClose CommentsPermalink





(C) affects any interstate water compact in existence on the date of enactment of this Act;CommentsClose CommentsPermalink





(D) authorizes or imposes any new reserved Federal water rights;CommentsClose CommentsPermalink





(E) unreasonably limits access for maintenance, operation, modification, repair, or replacement of facilities that are--CommentsClose CommentsPermalink





(i) in existence as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(ii) associated with any water rights referred to in subparagraph (A) or (B); orCommentsClose CommentsPermalink





(F) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) EFFECT ON WATER QUALITY DESIGNATIONS- The designation of the Conservation Area and Wilderness by this Act shall not impose or cause to be imposed on any stream in, or upstream of, the Conservation Area or Wilderness any water quality designation that is more stringent than the water quality designation applicable to the stream in existence on the date of enactment of this Act.CommentsClose CommentsPermalink





(4) WILDERNESS WATER RIGHTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (B) through (G).CommentsClose CommentsPermalink





(B) STATE LAW-CommentsClose CommentsPermalink





(i) PROCEDURAL REQUIREMENTS- Any water rights for which the Secretary pursues adjudication shall be appropriated, adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law.CommentsClose CommentsPermalink





(ii) ESTABLISHMENT OF WATER RIGHTS-CommentsClose CommentsPermalink





(I) IN GENERAL- Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.CommentsClose CommentsPermalink





(II) EXCEPTION- Notwithstanding subclause (I) and in accordance with this Act, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the Wilderness to fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink





(C) DEADLINE- The Secretary shall promptly, but not earlier than January 2009, appropriate the water rights required to fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink





(D) REQUIRED DETERMINATION- The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F).CommentsClose CommentsPermalink





(E) COOPERATIVE ENFORCEMENT-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if--CommentsClose CommentsPermalink





(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of this Act; andCommentsClose CommentsPermalink





(II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure full exercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of this Act.CommentsClose CommentsPermalink





(ii) ADJUDICATION- If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph.CommentsClose CommentsPermalink





(F) INSUFFICIENT WATER RIGHTS- If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph (E) to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of this Act, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of this Act in accordance with subparagraph (B).CommentsClose CommentsPermalink





(G) FAILURE TO COMPLY- The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that--CommentsClose CommentsPermalink





(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); orCommentsClose CommentsPermalink





(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of this Act.CommentsClose CommentsPermalink





(5) WATER RESOURCE FACILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness.CommentsClose CommentsPermalink





(B) STOCK WATERING PONDS- The Secretary may allow construction of new livestock watering facilities within the Wilderness if the facilities--CommentsClose CommentsPermalink





(i) would result in no impairment to the characteristics, values, and purposes of the Wilderness greater than that described in the Final Wilderness Environmental Impact Statement for the Grand Junction Resource Area dated November 1989; andCommentsClose CommentsPermalink





(ii) would provide for the protection and improved management of Wilderness resources.CommentsClose CommentsPermalink





(6) CONSERVATION AREA WATER RIGHTS- With respect to water within the Conservation Area, nothing in this Act--CommentsClose CommentsPermalink





(A) authorizes any Federal agency to appropriate or otherwise acquire any water right on the mainstem of the Gunnison River; orCommentsClose CommentsPermalink





(B) prevents the State from appropriating or acquiring, or requires the State to appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River.CommentsClose CommentsPermalink





(7) WILDERNESS BOUNDARIES ALONG GUNNISON RIVER-CommentsClose CommentsPermalink





(A) IN GENERAL- In areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall--CommentsClose CommentsPermalink





(i) be located at the edge of the river; andCommentsClose CommentsPermalink





(ii) change according to the river level.CommentsClose CommentsPermalink





(B) EXCLUSION FROM WILDERNESS- Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness area.CommentsClose CommentsPermalink





(i) Hunting, Trapping, and Fishing- Nothing in this Act diminishes the jurisdiction of the State with respect to fish and wildlife management, including regulation of hunting and fishing, on public land within the Conservation Area.CommentsClose CommentsPermalink





(j) Little Dominguez Creek Access- Nothing in this Act affects--CommentsClose CommentsPermalink





(1) the letter of agreement between the Bureau of Land Management and Mr. Billyie Rambo, dated September 28, 1988; orCommentsClose CommentsPermalink





(2) the life estate described in the letter of agreement.CommentsClose CommentsPermalink

SEC. 8. MANAGEMENT PLAN.

(a) In General- Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-range protection and management of the Conservation Area.CommentsClose CommentsPermalink





(b) Purposes- The management plan shall--CommentsClose CommentsPermalink





(1) describe the appropriate uses and management of the Conservation Area;CommentsClose CommentsPermalink





(2) be developed with extensive public input;CommentsClose CommentsPermalink





(3) take into consideration any information developed in studies of the land within the Conservation Area; andCommentsClose CommentsPermalink





(4) include a comprehensive travel management plan.CommentsClose CommentsPermalink

SEC. 9. ADVISORY COUNCIL.

(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ‘Dominguez-Escalante National Conservation Area Advisory Council’.CommentsClose CommentsPermalink





(b) Duties- The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.CommentsClose CommentsPermalink





(c) Applicable Law- The Council shall be subject to--CommentsClose CommentsPermalink





(1) the Federal Advisory Committee Act (5 U.S.C. App.); andCommentsClose CommentsPermalink





(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink





(d) Members- The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable--CommentsClose CommentsPermalink





(1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission;CommentsClose CommentsPermalink





(2) 1 member shall be appointed after considering the recommendations of the Montrose County Commission;CommentsClose CommentsPermalink





(3) 1 member shall be appointed after considering the recommendations of the Delta County Commission;CommentsClose CommentsPermalink





(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; andCommentsClose CommentsPermalink





(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect--CommentsClose CommentsPermalink





(A) the purposes for which the Conservation Area or Wilderness was established; andCommentsClose CommentsPermalink





(B) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink