II 

★(Star Print)

Calendar No. 392 

118TH CONGRESS 

2D SESSION S. 636 

[Report No. 118–176] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2023 

Mr. BENNET (for himself and Mr. HICKENLOOPER) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

MAY 16, 2024 

Reported by Mr. MANCHIN, with amendments 

[Omit the parts struck through and insert the parts printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Dolores River National Conservation Area and Special 

4 Management Area Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—DOLORES RIVER NATIONAL CONSERVATION AREA 

Sec. 101. Establishment of Dolores River National Conservation Area. 

Sec. 102. Management of Conservation Area. 

Sec. 103. Dolores River National Conservation Area Advisory Council. 

TITLE II—DOLORES RIVER SPECIAL MANAGEMENT AREA 

Sec. 201. Designation of Dolores River Special Management Area. 

Sec. 202. Management of Special Management Area. 

TITLE III—TECHNICAL MODIFICATIONS TO POTENTIAL 

ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM 

Sec. 301. Purpose. 

Sec. 302. Release of designated segments from Dolores River congressional 

study area. 

Sec. 303. Applicability of continuing consideration provision. 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. Management of covered land. 

Sec. 402. Protection of water rights and other interests. 

Sec. 403. Effect on private property and regulatory authority. 

Sec. 404. Tribal rights and traditional uses. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) CONSERVATION AREA.—The term ‘‘Con10 servation Area’’ means the Dolores River National 

11 Conservation Area established by section 101(a). 


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1 (2) COUNCIL.—The term ‘‘Council’’ means the 

2 Dolores River National Conservation Area Advisory 

3 Council established under section 103(a). 

4 (3) COVERED LAND.—The term ‘‘covered land’’ 

5 means— 

6 (A) the Conservation Area; and 

7 (B) the Special Management Area. 

8 (4) DOLORES PROJECT.—The term ‘‘Dolores 

9 Project’’ has the meaning given the term in section 

10 3 of the Colorado Ute Indian Water Rights Settle11 ment Act of 1988 (Public Law 100–585; 102 Stat. 

12 2974). 

13 (5) MAP.—The term ‘‘Map’’ means the map 

14 prepared by the Bureau of Land Management enti15 tled ‘‘Proposed Dolores River National Conservation 

16 Area and Special Management Area’’ and dated De17 cember 14, 2022. 

18 (6) SECRETARY.—The term ‘‘Secretary’’ 

19 means— 

20 (A) in title I, the Secretary of the Interior; 

21 (B) in title II, the Secretary of Agri22 culture; and 

23 (C) in title IV— 


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1 (i) the Secretary of the Interior, with 

2 respect to land under the jurisdiction of 

3 the Secretary of the Interior; and 

4 (ii) the Secretary of Agriculture, with 

5 respect to land under the jurisdiction of 

6 the Secretary of Agriculture. 

7 (7) SPECIAL MANAGEMENT AREA.—The term 

8 ‘‘Special Management Area’’ means the Dolores 

9 River Special Management Area established by sec10 tion 201(a). 

11 (8) STATE.—The term ‘‘State’’ means the State 

12 of Colorado. 

13 (9) UNREASONABLY DIMINISH.—The term ‘‘un14 reasonably diminish’’ is within the meaning of the 

15 term used in section 7(a) of the Wild and Scenic 

16 Rivers Act (16 U.S.C. 1278(a)) and has the mean17 ing of the term as applied in appendix D of the 

18 Technical Report of the Interagency Wild and Scenic 

19 Rivers Coordinating Council entitled ‘‘Wild & Scenic 

20 Rivers: Section 7’’ and dated October 2004. 

21 (9) UNREASONABLY DIMINISH.—The term ‘‘un22 reasonably diminish’’ has the same meaning as used 

23 in section 7(a) of the Wild and Scenic Rivers Act (16 

24 U.S.C. 1278(a)). 


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1 (10) WATER RESOURCE PROJECT.—The term 

2 ‘‘water resource project’’ means any dam, irrigation 

3 and pumping facility, reservoir, water conservation 

4 work, aqueduct, canal, ditch, pipeline, well, hydro5 power project, and transmission and other ancillary 

6 facility, and other water diversion, storage, and car7 riage structure. 

8 TITLE I—DOLORES RIVER NA9 TIONAL CONSERVATION AREA 

10 SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL 

11 CONSERVATION AREA. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—Subject to valid existing 

14 rights, there is established the Dolores River Na15 tional Conservation Area in the State. 

16 (2) LAND INCLUDED.—The Conservation Area 

17 shall consist of approximately 52,872 acres of Bu18 reau of Land Management land in the State, as gen19 erally depicted as ‘‘Proposed Lower Dolores River 

20 National Conservation Area’’ on the Map. 

21 (b) PURPOSE.—The purpose of the Conservation 

22 Area is to conserve, protect, and enhance the native fish, 

23 whitewater boating, recreational, hunting, fishing, scenic, 

24 cultural, archaeological, natural, geological, historical, ecoVerDate Sep 11 2014 01:38 May 23, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S636.RS S636

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1 logical, watershed, wildlife, educational, and scientific re2 sources of the Conservation Area. 

3 (c) MAP AND LEGAL DESCRIPTION.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary 

6 shall file a map and legal description of the Con7 servation Area with the Committee on Natural Re8 sources of the House of Representatives and the 

9 Committee on Energy and Natural Resources of the 

10 Senate. 

11 (1) IN GENERAL.—As soon as practicable after 

12 the date of enactment of this Act, the Secretary shall 

13 prepare a map and legal description of the Conserva14 tion Area. 

15 (2) EFFECT.—The map and legal description 

16 prepared under paragraph (1) shall have the same 

17 force and effect as if included in this title, except 

18 that the Secretary may correct minor errors in the 

19 map or legal description. 

20 (3) PUBLIC AVAILABILITY.—A copy of the map 

21 and legal description shall be on file and available 

22 for public inspection in the appropriate offices of the 

23 Bureau of Land Management. 


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1 SEC. 102. MANAGEMENT OF CONSERVATION AREA. 

2 (a) IN GENERAL.—The Secretary shall manage the 

3 Conservation Area in accordance with— 

4 (1) this Act; 

5 (2) the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1701 et seq.); and 

7 (3) other applicable laws. 

8 (b) USES.—Subject to the provisions of this Act, the 

9 Secretary shall allow only such uses of the Conservation 

10 Area as are consistent with the purpose described in sec11 tion 101(b). 

12 (c) MANAGEMENT PLAN.— 

13 (1) PLAN REQUIRED.— 

14 (A) IN GENERAL.—Not later than 3 years 

15 after the date of enactment of this Act, the Sec16 retary shall develop a management plan for the 

17 long-term protection, management, and moni18 toring of the Conservation Area. 

19 (B) REVIEW AND REVISION.—The manage20 ment plan under subparagraph (A) shall, from 

21 time to time, be subject to review and revision, 

22 in accordance with— 

23 (i) this Act; 

24 (ii) the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1701 et 

26 seq.); and 


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1 (iii) other applicable laws. 

2 (2) CONSULTATION AND COORDINATION.—The 

3 Secretary shall prepare and revise the management 

4 plan under paragraph (1)— 

5 (A) in consultation with— 

6 (i) the State; 

7 (ii) units of local government; 

8 (iii) the public; 

9 (iv) the Council; and 

10 (v) the Native Fish Monitoring and 

11 Recommendation Team, as described in 

12 section 402(b)(1); and 

13 (B) in coordination with the Secretary of 

14 Agriculture, with respect to the development of 

15 the separate management plan for the Special 

16 Management Area, as described in section 

17 202(c). 

18 (3) RECOMMENDATIONS.—In preparing and re19 vising the management plan under paragraph (1), 

20 the Secretary shall take into consideration any rec21 ommendations from the Council. 

22 (4) TREATY RIGHTS.—In preparing and revis23 ing the management plan under paragraph (1), tak24 ing into consideration the rights and obligations de25 scribed in section 402, the Secretary shall ensure 


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1 that the management plan does not alter or dimin2 ish— 

3 (A) the treaty rights of any Indian Tribe; 

4 (B) any rights described in the Colorado 

5 Ute Indian Water Rights Settlement Act of 

6 1988 (Public Law 100–585; 102 Stat. 2973); 

7 or 

8 (C) the operation or purposes of the Dolo9 res Project. 

10 (d) INCORPORATION OF ACQUIRED LAND AND IN11 TERESTS.—Any land or interest in land located within the 

12 boundary of the Conservation Area that is acquired by the 

13 United States in accordance with section 401(c) after the 

14 date of enactment of this Act shall— 

15 (1) become part of the Conservation Area; and 

16 (2) be managed as provided in this section. 

17 (e) DEPARTMENT OF ENERGY LEASES.— 

18 (1) IN GENERAL.—Nothing in this title affects 

19 valid leases or lease tracts existing on the date of en20 actment of this Act issued under the uranium leas21 ing program of the Department of Energy within the 

22 boundaries of the Conservation Area. 

23 (2) MANAGEMENT.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), land designated for the program de3 scribed in paragraph (1) shall be— 

4 (i) exempt from section 401(b); and 

5 (ii) managed in a manner that allow 

6 the leases to fulfill the purposes of the pro7 gram, consistent with the other provisions 

8 of this title and title IV. 

9 (B) DESIGNATION.—Land subject to a 

10 lease described in paragraph (1) shall be con11 sidered part of the Conservation Area and man12 aged in accordance with other provisions of this 

13 title on a finding by the Secretary that— 

14 (i)(I) the lease has expired; and 

15 (II) the applicable lease tract has been 

16 removed from the leasing program by the 

17 Secretary of Energy; and 

18 (ii) the land that was subject to the 

19 lease is suitable for inclusion in the Con20 servation Area. 

21 (C) EFFECT.—Nothing in subparagraph 

22 (B) prevents the Secretary of Energy from ex23 tending any lease described in paragraph (1). 


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1 SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA 

2 ADVISORY COUNCIL. 

3 (a) ESTABLISHMENT.—Not later than 1 year after 

4 the date of enactment of this Act, the Secretary shall es5 tablish an advisory council, to be known as the ‘‘Dolores 

6 River National Conservation Area Advisory Council’’. 

7 (b) DUTIES.—The Council shall advise— 

8 (1) the Secretary with respect to the prepara9 tion, implementation, and monitoring of the manage10 ment plan prepared under section 102(c); and 

11 (2) the Secretary of Agriculture with respect to 

12 the preparation, implementation, and monitoring of 

13 the management plan prepared under section 202(c). 

14 (c) APPLICABLE LAW.—The Council shall be subject 

15 to— 

16 (1) chapter 10 of title 5, United States Code 

17 (commonly referred to as the ‘‘Federal Advisory 

18 Committee Act’’); 

19 (2) the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1701 et seq.); and 

21 (3) this Act. 

22 (d) MEMBERSHIP.— 

23 (1) IN GENERAL.—The Council shall include 14 

24 members to be appointed by the Secretary, of whom, 

25 to the extent practicable— 


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1 (A) 2 members shall represent agricultural 

2 water user interests in the Conservation Area 

3 or the Dolores River watershed, of whom 1 

4 shall represent the Dolores Water Conservancy 

5 District; 

6 (B) 2 members shall represent conserva7 tion interests in the Conservation Area; 

8 (C) 2 members shall represent recreation 

9 interests in the Conservation Area, 1 of whom 

10 shall represent whitewater boating interests; 

11 (D) 1 member shall be a representative of 

12 Dolores County, Colorado; 

13 (E) 1 member shall be a representative of 

14 San Miguel County, Colorado; 

15 (F) 1 member shall be a representative of 

16 Montezuma County, Colorado; 

17 (G) 1 member shall be a private landowner 

18 that owns land in immediate proximity to the 

19 Conservation Area; 

20 (H) 1 member shall be a representative of 

21 Colorado Parks and Wildlife; 

22 (I) 1 member shall be a holder of a graz23 ing-allotment permit in the Conservation Area; 

24 and 


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1 (J) 2 members shall be representatives of 

2 Indian Tribes, 1 of whom shall be a representa3 tive of the Ute Mountain Ute Tribe. 

4 (2) REPRESENTATION.— 

5 (A) IN GENERAL.—The Secretary shall en6 sure that the membership of the Council is fair7 ly balanced in terms of the points of view rep8 resented and the functions to be performed by 

9 the Council. 

10 (B) REQUIREMENTS.— 

11 (i) IN GENERAL.—The members of 

12 the Council described in subparagraphs 

13 (B) and (C) of paragraph (1) shall be resi14 dents that live within reasonable proximity 

15 to the Conservation Area. 

16 (ii) COUNTY REPRESENTATIVES.—The 

17 members of the Council described in sub18 paragraphs (D) and (E) of paragraph (1) 

19 shall be— 

20 (I) residents of the respective 

21 counties referred to in those subpara22 graphs; and 

23 (II) capable of representing the 

24 interests of the applicable board of 

25 county commissioners. 


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1 (e) TERMS OF OFFICE.— 

2 (1) IN GENERAL.—The term of office of a 

3 member of the Council shall be 5 years. 

4 (2) REAPPOINTMENT.—A member may be re5 appointed to the Council on completion of the term 

6 of office of the member. 

7 (f) COMPENSATION.—A member of the Council— 

8 (1) shall serve without compensation for service 

9 on the Council; but 

10 (2) may be reimbursed for qualified expenses of 

11 the member. 

12 (g) CHAIRPERSON.—The Council shall elect a chair13 person from among the members of the Council. 

14 (h) MEETINGS.— 

15 (1) IN GENERAL.—The Council shall meet at 

16 the call of the chairperson— 

17 (A) not less frequently than quarterly until 

18 the management plan under section 102(c) is 

19 developed; and 

20 (B) thereafter, at the call of the Secretary. 

21 (2) PUBLIC MEETINGS.—Each meeting of the 

22 Council shall be open to the public. 

23 (3) NOTICE.—A notice of each meeting of the 

24 Council shall be published in advance of the meeting. 


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1 (i) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide, to the maximum extent practicable in accordance 

3 with applicable law, any information and technical services 

4 requested by the Council to assist in carrying out the du5 ties of the Council. 

6 (j) RENEWAL.—The Secretary shall ensure that the 

7 Council charter is renewed as required under applicable 

8 law. 

9 (k) DURATION.—The Council— 

10 (1) shall continue to function for the duration 

11 of existence of the Conservation Area; but 

12 (2) on completion of the management plan, 

13 shall only meet— 

14 (A) at the call of the Secretary; or 

15 (B) in the case of a review or proposed re16 vision to the management plan. 

17 TITLE II—DOLORES RIVER 

18 SPECIAL MANAGEMENT AREA 

19 SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MAN20 AGEMENT AREA. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—Subject to valid existing 

23 rights, there is established the Dolores River Special 

24 Management Area in the State. 


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1 (2) LAND INCLUDED.—The Special Manage2 ment Area shall consist of approximately 15,452 

3 acres of Federal land in the San Juan National For4 est in the State, including National Forest System 

5 land in the Dolores River segment that extends from 

6 the Dolores Project boundary downstream to the 

7 boundary of the San Juan National Forest, as of the 

8 date of enactment of this Act, as generally depicted 

9 as ‘‘Proposed Dolores River Special Management 

10 Area’’ on the Map. 

11 (b) PURPOSE.—The purpose of the Special Manage12 ment Area is to conserve, protect, and enhance the native 

13 fish, whitewater boating, recreational, hunting, fishing, 

14 scenic, cultural, archaeological, natural, geological, histor15 ical, ecological, watershed, wildlife, educational, and sci16 entific resources of the Special Management Area. 

17 (c) MAP AND LEGAL DESCRIPTION.— 

18 (1) IN GENERAL.—As soon as practicable after 

19 the date of enactment of this Act, the Secretary 

20 shall file a map and legal description of the Special 

21 Management Area with the Committee on Natural 

22 Resources of the House of Representatives and the 

23 Committee on Energy and Natural Resources of the 

24 Senate. 


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1 (2) EFFECT.—The map and legal description 

2 prepared under paragraph (1) shall have the same 

3 force and effect as if included in this title, except 

4 that the Secretary may correct minor errors in the 

5 map or legal description. 

6 (3) PUBLIC AVAILABILITY.—A copy of the map 

7 and legal description shall be on file and available 

8 for public inspection in the appropriate offices of the 

9 Forest Service. 

10 SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA. 

11 (a) IN GENERAL.—The Secretary shall manage the 

12 Special Management Area in accordance with— 

13 (1) this Act; 

14 (2) the National Forest Management Act of 

15 1976 (16 U.S.C. 1600 et seq.); and 

16 (3) other applicable laws. 

17 (b) USES.—The Secretary shall allow only such uses 

18 of the Special Management Area as the Secretary deter19 mines would further the purpose of the Special Manage20 ment Area, as described in section 201(b). 

21 (c) MANAGEMENT PLAN.— 

22 (1) PLAN REQUIRED.— 

23 (A) IN GENERAL.—Not later than 3 years 

24 after the date of enactment of this Act, the Sec25 retary shall develop a management plan for the 


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1 long-term protection, management, and moni2 toring of the Special Management Area. 

3 (B) REVIEW AND REVISION.—The manage4 ment plan under subparagraph (A) shall, from 

5 time to time, be subject to review and revision 

6 in accordance with— 

7 (i) this Act; 

8 (ii) the National Forest Management 

9 Act of 1976 (16 U.S.C. 1600 et seq.); and 

10 (iii) other applicable laws. 

11 (2) CONSULTATION AND COORDINATION.—The 

12 Secretary shall prepare and revise the management 

13 plan under paragraph (1)— 

14 (A) in consultation with— 

15 (i) the State; 

16 (ii) units of local government; 

17 (iii) the public; 

18 (iv) the Council; and 

19 (v) the Native Fish Monitoring and 

20 Recommendation Team, as described in 

21 section 402(b)(1); and 

22 (B) in coordination with the Secretary of 

23 the Interior, with respect to the development of 

24 the separate management plan for the Con25 servation Area, as described in section 102(c). 


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1 (3) RECOMMENDATIONS.—In preparing and re2 vising the management plan under paragraph (1), 

3 the Secretary shall take into consideration any rec4 ommendations from the Council. 

5 (4) TREATY RIGHTS.—In preparing and revis6 ing the management plan under paragraph (1), tak7 ing into consideration the rights and obligations de8 scribed in section 402, the Secretary shall ensure 

9 that the management plan does not alter or dimin10 ish— 

11 (A) the treaty rights of any Indian Tribe; 

12 (B) any rights described in the Colorado 

13 Ute Indian Water Rights Settlement Act of 

14 1988 (Public Law 100–585; 102 Stat. 2973); 

15 or 

16 (C) the operation or purposes of the Dolo17 res Project. 

18 (d) INCORPORATION OF ACQUIRED LAND AND IN19 TERESTS.—Any land or interest in land located within the 

20 boundary of the Special Management Area that is ac21 quired by the United States in accordance with section 

22 401(c) after the date of enactment of this Act shall— 

23 (1) become part of the Special Management 

24 Area; and 

25 (2) be managed as provided in this section. 


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1 TITLE III—TECHNICAL MODI2 FICATIONS TO POTENTIAL 

3 ADDITIONS TO NATIONAL 

4 WILD AND SCENIC RIVERS 

5 SYSTEM 

6 SEC. 301. PURPOSE. 

7 The purpose of this title is to release portions of the 

8 Dolores River and certain tributaries from designation for 

9 potential addition under the Wild and Scenic Rivers Act 

10 (16 U.S.C. 1271 et seq.) or from further study under that 

11 Act. 

12 SEC. 302. RELEASE OF DESIGNATED SEGMENTS FROM DO13 LORES RIVER CONGRESSIONAL STUDY AREA. 

14 Section 5(a)(56) of the Wild and Scenic Rivers Act 

15 (16 U.S.C. 1276(a)(56)) is amended by inserting ‘‘and the 

16 segments of the Dolores River located in the Dolores River 

17 National Conservation Area designated by the Dolores 

18 River National Conservation Area and Special Manage19 ment Area Act’’ before the period at the end. 

20 SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION 

21 PROVISION. 

22 Section 5(d)(1) of the Wild and Scenic Rivers Act 

23 (16 U.S.C. 1276(d)(1)) shall not apply to— 

24 (1) the Conservation Area; or 

25 (2) the Special Management Area. 


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1 TITLE IV—GENERAL 

2 PROVISIONS 

3 SEC. 401. MANAGEMENT OF COVERED LAND. 

4 (a) MOTORIZED VEHICLES.— 

5 (1) IN GENERAL.—Except in cases in which 

6 motorized vehicles are needed for administrative pur7 poses or to respond to an emergency, the use of mo8 torized vehicles in the covered land shall be per9 mitted only on designated routes. 

10 (2) ROAD CONSTRUCTION.—Except as nec11 essary for administrative purposes, protection of 

12 public health and safety, or providing reasonable ac13 cess to private property, the Secretary shall not con14 struct any permanent or temporary road within the 

15 covered land after the date of enactment of this Act. 

16 (b) WITHDRAWALS.—Subject to valid existing rights, 

17 all covered land, including any land or interest in land that 

18 is acquired by the United States within the covered land 

19 after the date of enactment of this Act, is withdrawn 

20 from— 

21 (1) entry, appropriation or disposal under the 

22 public land laws; 

23 (2) location, entry, and patent under the mining 

24 laws; and 


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1 (3) operation of the mineral leasing, mineral 

2 materials, and geothermal leasing laws, except as 

3 provided in section 102(e). 

4 (c) WILLING SELLERS.—Any acquisition of land or 

5 interests in land under this Act shall be only by purchase 

6 from willing sellers, donation, or exchange. 

7 (d) GRAZING.—The Secretary shall issue and admin8 ister any grazing leases or permits and trailing permits 

9 and administer allotments in the covered land in accord10 ance with the laws (including regulations) applicable to the 

11 issuance and administration of leases and permits on other 

12 land under the jurisdiction of the Bureau of Land Man13 agement or Forest Service, as applicable. 

14 (e) ACCESS TO PRIVATE LAND.—To ensure reason15 able use and enjoyment of private property (whether in 

16 existence on the date of enactment of this Act or in an 

17 improved state), the Secretary shall grant reasonable and 

18 feasible access through the covered land to any private 

19 property that is located within or adjacent to the covered 

20 land, if other routes to the private property are blocked 

21 by physical barriers, such as the Dolores River or the cliffs 

22 of the Dolores River. 

23 (f) EASEMENTS.—The Secretary may lease or ac24 quire easements on private land from willing lessors, do25 nors, or sellers for recreation, access, conservation, or 


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1 other permitted uses, to the extent necessary to fulfill the 

2 purposes of the Conservation Area or Special Management 

3 Area, as applicable. 

4 (g) WILDFIRE, INSECT, AND DISEASE MANAGE5 MENT.—The Secretary may take any measures that the 

6 Secretary determines to be necessary to control fire, in7 sects, and diseases in the covered land, (including, as the 

8 Secretary determines to be appropriate, the coordination 

9 of the measures with the State or a local agency). 

10 (h) MANAGEMENT OF PONDEROSA GORGE.— 

11 (1) IN GENERAL.—The Secretary shall manage 

12 the areas of the Conservation Area and Special Man13 agement Area identified on the Map as ‘‘Ponderosa 

14 Gorge’’ in a manner that maintains the wilderness 

15 character of those areas as of the date of enactment 

16 of this Act. 

17 (2) PROHIBITED ACTIVITIES.—Subject to para18 graphs (3) and (4), in the areas described in para19 graph (1), the following activities shall be prohibited: 

20 (A) New permanent or temporary road 

21 construction or the renovation of nonsystem 

22 roads in existence on the date of enactment of 

23 this Act. 

24 (B) The use of motor vehicles, motorized 

25 equipment, or mechanical transport, except as 


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1 necessary to meet the minimum requirements 

2 for the administration of the Federal land, to 

3 protect public health and safety, or to conduct 

4 ecological restoration activities to improve the 

5 aquatic habitat of the Dolores River channel. 

6 (C) Projects undertaken for the purpose of 

7 harvesting commercial timber. 

8 (3) UTILITY CORRIDOR.—Nothing in this sub9 section affects the operation, maintenance, or loca10 tion of the utility right-of-way within the corridor, as 

11 depicted on the Map. 

12 (4) EFFECT ON CERTAIN VEGETATION MANAGE13 MENT PROJECTS.—Nothing in this subsection— 

14 (A) affects the implementation of the Lone 

15 Pine Vegetation Management Project author16 ized by the Forest Service in a decision notice 

17 dated January 23, 2020; or 

18 (B) prohibits activities relating to the har19 vest of merchantable products that are byprod20 ucts of activities conducted— 

21 (i) for ecological restoration; or 

22 (ii) to further the purposes of this 

23 Act. 

24 (i) EFFECT.—Nothing in this Act prohibits the Sec25 retary from issuing a new permit and right-of-way within 


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1 the covered land for a width of not more than 150 feet 

2 for a right-of-way that serves a transmission line in exist3 ence on the date of enactment of this Act, on the condition 

4 that the Secretary shall relocate the right-of-way in a 

5 manner that furthers the purposes of this Act. 

6 (j) CLIMATOLOGICAL DATA COLLECTION.—Subject 

7 to such terms and conditions as the Secretary may re8 quire, nothing in this Act precludes the installation and 

9 maintenance of hydrologic, meteorological, or climato10 logical collection devices in the covered land if the facilities 

11 and access to the facilities are essential to public safety, 

12 flood warning, flood control, water reservoir operation ac13 tivities, or the collection of hydrologic data for water re14 source management purposes. 

15 SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER IN16 TERESTS. 

17 (a) DOLORES PROJECT.— 

18 (1) OPERATION.—The Dolores Project and the 

19 operation of McPhee Reservoir shall continue to be 

20 the responsibility of, and be operated by, the Sec21 retary, in cooperation with the Dolores Water Con22 servancy District, in accordance with applicable laws 

23 and obligations. 


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1 (2) EFFECT.—Nothing in this Act affects the 

2 Dolores Project or the current or future operation of 

3 McPhee Reservoir in accordance with— 

4 (A) the reclamation laws; 

5 (B) any applicable— 

6 (i) Dolores Project water contract, 

7 storage contract, or carriage contract; or 

8 (ii) allocation of Dolores Project 

9 water; 

10 (C) the environmental assessment and 

11 finding of no significant impact prepared by the 

12 Bureau of Reclamation Upper Colorado Region 

13 and approved August 2, 1996; 

14 (D) the operating agreement entitled ‘‘Op15 erating Agreement, McPhee Dam and Res16 ervoir, Contract No. 99-WC-40-R6100, Dolores 

17 Project, Colorado’’ and dated April 25, 2000 

18 (or any subsequent renewal or revision of that 

19 agreement); 

20 (E) mitigation measures for whitewater 

21 boating, including any such measure described 

22 in— 

23 (i) the document entitled ‘‘Dolores 

24 Project Colorado Definite Plan Report’’ 

25 and dated April 1977; 


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1 (ii) the Dolores Project final environ2 mental statement dated May 9, 1977; or 

3 (iii) a document referred to in sub4 paragraph (C) or (D); 

5 (F) applicable Federal or State laws relat6 ing to the protection of the environment, includ7 ing— 

8 (i) the Endangered Species Act of 

9 1973 (16 U.S.C. 1531 et seq.); 

10 (ii) the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.); and 

12 (iii) the Federal Water Pollution Con13 trol Act (33 U.S.C. 1251 et seq.); and 

14 (G) the Colorado Ute Indian Water Rights 

15 Settlement Act of 1988 (Public Law 100–585; 

16 102 Stat. 2973). 

17 (b) MANAGEMENT OF FLOWS.— 

18 (1) IN GENERAL.—In managing available flows 

19 below McPhee Dam to conserve, protect, and en20 hance the resources described in sections 101(b) and 

21 201(b) of the Dolores River within the covered land, 

22 including native fish and whitewater boating re23 sources, the Secretary shall seek to provide regular 

24 and meaningful consultation and collaboration with 

25 interested stakeholders, including the Native Fish 


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1 Monitoring and Recommendation Team, which in2 cludes water management entities, affected counties, 

3 conservation interests, whitewater boating interests, 

4 Colorado Parks and Wildlife, and the Ute Mountain 

5 Ute Tribe, during the process of decision making. 

6 (2) ANNUAL REPORT.—Beginning on the date 

7 that is 1 year after the date of enactment of this Act 

8 and annually thereafter, the Commissioner of Rec9 lamation shall prepare and make publically available 

10 a report that describes any progress with respect to 

11 the conservation, protection, and enhancement of na12 tive fish in the Dolores River. 

13 (c) WATER RESOURCE PROJECTS.— 

14 (1) IN GENERAL.—Subject to valid existing 

15 rights and paragraph (2), after the date of enact16 ment of this Act, the Secretary or any other officer, 

17 employee, or agent of the United States may not as18 sist by loan, grant, license, or otherwise in the con19 struction or modification of any water resource 

20 project— 

21 (A) located on the covered land that 

22 would— 

23 (i) affect the free-flowing character of 

24 any stream within the covered land; or 


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1 (ii) unreasonably diminish the re2 source values described in sections 101(b) 

3 and 201(b) of the Dolores River within the 

4 covered land; or 

5 (B) located outside the covered land that 

6 would unreasonably diminish the resource val7 ues described in sections 101(b) and 201(b) of 

8 the Dolores River within the covered land. 

9 (2) LIMITATIONS.—Subject to the requirements 

10 of this section, nothing in paragraph (1)— 

11 (A) prevents, outside the covered land— 

12 (i) the construction of small diversion 

13 dams or stock ponds; 

14 (ii) new minor water developments in 

15 accordance with existing decreed water 

16 rights; or 

17 (iii) minor modifications to structures; 

18 or 

19 (B) affects access to, or operation, mainte20 nance, relicensing, repair, or replacement of, ex21 isting water resource projects. 

22 (d) EFFECT.—Nothing in this Act— 

23 (1) affects— 

24 (A) any water right that is— 


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1 (i) decreed under the laws of the 

2 State; and 

3 (ii) in existence on the date of enact4 ment of this Act; 

5 (B) the use, allocation, ownership, or con6 trol, in existence on the date of enactment of 

7 this Act, of any water or water right; 

8 (C) any vested absolute or decreed condi9 tional water right in existence on the date of 

10 enactment of this Act, including any water 

11 right held by the United States; 

12 (D) any interstate water compact in exist13 ence on the date of enactment of this Act; or 

14 (E) State jurisdiction over any water law, 

15 water right, or adjudication or administration 

16 relating to any water resource; 

17 (2) imposes— 

18 (A) any mandatory streamflow require19 ment within the covered land; or 

20 (B) any Federal water quality standard 

21 within, or upstream of, the covered land that is 

22 more restrictive than would be applicable if the 

23 covered land had not been designated as the 

24 Conservation Area or Special Management Area 

25 under this Act; or 


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1 (3) constitutes an express or implied reservation 

2 by the United States of any reserved or appropria3 tive water right within the covered land. 

4 SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGU5 LATORY AUTHORITY. 

6 (a) EFFECT.—Nothing in this Act— 

7 (1) affects valid existing rights; 

8 (2) requires any owner of private property to 

9 bear any costs associated with the implementation of 

10 the management plan under this Act; 

11 (3) affects the jurisdiction or responsibility of 

12 the State with respect to fish and wildlife in the 

13 State; 

14 (4) requires a change in or affects local zoning 

15 laws of the State or a political subdivision of the 

16 State; or 

17 (5) affects— 

18 (A) the jurisdiction over, use, or mainte19 nance of county roads in the covered land; or 

20 (B) the administration of the portion of 

21 the road that is not a county road and that is 

22 commonly known as the ‘‘Dolores River Road’’ 

23 within the Conservation Area, subject to the 

24 condition that the Secretary shall not improve 


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1 the road beyond the existing primitive condition 

2 of the road. 

3 (b) ADJACENT MANAGEMENT.— 

4 (1) NO BUFFER ZONES.—The designation of 

5 the Conservation Area and the Special Management 

6 Area by this Act shall not create any protective pe7 rimeter or buffer zone around the Conservation Area 

8 or Special Management Area, as applicable. 

9 (2) PRIVATE LAND.—Nothing in this Act re10 quires the prohibition of any activity on private land 

11 outside the boundaries of the Conservation Area or 

12 the Special Management Area that can be seen or 

13 heard from within such a boundary. 

14 SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES. 

15 (a) TREATY RIGHTS.—Nothing in this Act affects the 

16 treaty rights of any Indian Tribe, including rights under 

17 the Agreement of September 13, 1873, ratified by the Act 

18 of April 29, 1874 (18 Stat. 36, chapter 136). 

19 (b) TRADITIONAL TRIBAL USES.—Subject to any 

20 terms and conditions as the Secretary determines to be 

21 necessary and in accordance with applicable law, the Sec22 retary shall allow for the continued use of the covered land 

23 by members of Indian Tribes— 

24 (1) for traditional ceremonies; and 


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1 (2) as a source of traditional plants and other 

2 materials. 


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Calendar No. 392 

118TH CONGRESS 

2D SESSION S. 636 

[Report No. 118–176] 

A BILL 

To establish the Dolores River National Conservapurposes. private water rights in the State, and for other ment Area in the State of Colorado, to protect tion Area and the Dolores River Special ManageMAY 16, 2024 

Reported with amendments 


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