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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Reported in Senate (RS)]

<DOC>

                                                       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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Dolores River 
National Conservation Area and Special Management Area Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the Dolores River National Conservation Area established 
        by section 101(a).
            (2) Council.--The term ``Council'' means the Dolores River 
        National Conservation Area Advisory Council established under 
        section 103(a).
            (3) Covered land.--The term ``covered land'' means--
                    (A) the Conservation Area; and
                    (B) the Special Management Area.
            (4) Dolores project.--The term ``Dolores Project'' has the 
        meaning given the term in section 3 of the Colorado Ute Indian 
        Water Rights Settlement Act of 1988 (Public Law 100-585; 102 
        Stat. 2974).
            (5) Map.--The term ``Map'' means the map prepared by the 
        Bureau of Land Management entitled ``Proposed Dolores River 
        National Conservation Area and Special Management Area'' and 
        dated December 14, 2022.
            (6) Secretary.--The term ``Secretary'' means--
                    (A) in title I, the Secretary of the Interior;
                    (B) in title II, the Secretary of Agriculture; and
                    (C) in title IV--
                            (i) the Secretary of the Interior, with 
                        respect to land under the jurisdiction of the 
                        Secretary of the Interior; and
                            (ii) the Secretary of Agriculture, with 
                        respect to land under the jurisdiction of the 
                        Secretary of Agriculture.
            (7) Special management area.--The term ``Special Management 
        Area'' means the Dolores River Special Management Area 
        established by section 201(a).
            (8) State.--The term ``State'' means the State of Colorado.
        <DELETED>    (9) Unreasonably diminish.--The term 
        ``unreasonably diminish'' is within the meaning of the term 
        used in section 7(a) of the Wild and Scenic Rivers Act (16 
        U.S.C. 1278(a)) and has the meaning of the term as applied in 
        appendix D of the Technical Report of the Interagency Wild and 
        Scenic Rivers Coordinating Council entitled ``Wild & Scenic 
        Rivers: Section 7'' and dated October 2004.</DELETED>
            (9) Unreasonably diminish.--The term ``unreasonably 
        diminish'' has the same meaning as used in section 7(a) of the 
        Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).
             (10) Water resource project.--The term ``water resource 
        project'' means any dam, irrigation and pumping facility, 
        reservoir, water conservation work, aqueduct, canal, ditch, 
        pipeline, well, hydropower project, and transmission and other 
        ancillary facility, and other water diversion, storage, and 
        carriage structure.

           TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA

SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL CONSERVATION AREA.

    (a) Establishment.--
            (1) In general.--Subject to valid existing rights, there is 
        established the Dolores River National Conservation Area in the 
        State.
            (2) Land included.--The Conservation Area shall consist of 
        approximately 52,872 acres of Bureau of Land Management land in 
        the State, as generally depicted as ``Proposed Lower Dolores 
        River National Conservation Area'' on the Map.
    (b) Purpose.--The purpose of the Conservation Area is to conserve, 
protect, and enhance the native fish, whitewater boating, recreational, 
hunting, fishing, scenic, cultural, archaeological, natural, 
geological, historical, ecological, watershed, wildlife, educational, 
and scientific resources of the Conservation Area.
    (c) Map and Legal Description.--
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall file a map 
        and legal description of the Conservation Area with the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and Natural Resources of the 
        Senate.</DELETED>
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Conservation Area.
            (2) Effect.--The map and legal description prepared under 
        paragraph (1) shall have the same force and effect as if 
        included in this title, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Public availability.--A copy of the map and legal 
        description shall be on file and available for public 
        inspection in the appropriate offices of the Bureau of Land 
        Management.

SEC. 102. MANAGEMENT OF CONSERVATION AREA.

    (a) In General.--The Secretary shall manage the Conservation Area 
in accordance with--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) other applicable laws.
    (b) Uses.--Subject to the provisions of this Act, the Secretary 
shall allow only such uses of the Conservation Area as are consistent 
with the purpose described in section 101(b).
    (c) Management Plan.--
            (1) Plan required.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary shall 
                develop a management plan for the long-term protection, 
                management, and monitoring of the Conservation Area.
                    (B) Review and revision.--The management plan under 
                subparagraph (A) shall, from time to time, be subject 
                to review and revision, in accordance with--
                            (i) this Act;
                            (ii) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                            (iii) other applicable laws.
            (2) Consultation and coordination.--The Secretary shall 
        prepare and revise the management plan under paragraph (1)--
                    (A) in consultation with--
                            (i) the State;
                            (ii) units of local government;
                            (iii) the public;
                            (iv) the Council; and
                            (v) the Native Fish Monitoring and 
                        Recommendation Team, as described in section 
                        402(b)(1); and
                    (B) in coordination with the Secretary of 
                Agriculture, with respect to the development of the 
                separate management plan for the Special Management 
                Area, as described in section 202(c).
            (3) Recommendations.--In preparing and revising the 
        management plan under paragraph (1), the Secretary shall take 
        into consideration any recommendations from the Council.
            (4) Treaty rights.--In preparing and revising the 
        management plan under paragraph (1), taking into consideration 
        the rights and obligations described in section 402, the 
        Secretary shall ensure that the management plan does not alter 
        or diminish--
                    (A) the treaty rights of any Indian Tribe;
                    (B) any rights described in the Colorado Ute Indian 
                Water Rights Settlement Act of 1988 (Public Law 100-
                585; 102 Stat. 2973); or
                    (C) the operation or purposes of the Dolores 
                Project.
    (d) Incorporation of Acquired Land and Interests.--Any land or 
interest in land located within the boundary of the Conservation Area 
that is acquired by the United States in accordance with section 401(c) 
after the date of enactment of this Act shall--
            (1) become part of the Conservation Area; and
            (2) be managed as provided in this section.
    (e) Department of Energy Leases.--
            (1) In general.--Nothing in this title affects valid leases 
        or lease tracts existing on the date of enactment of this Act 
        issued under the uranium leasing program of the Department of 
        Energy within the boundaries of the Conservation Area.
            (2) Management.--
                    (A) In general.--Subject to subparagraph (B), land 
                designated for the program described in paragraph (1) 
                shall be--
                            (i) exempt from section 401(b); and
                            (ii) managed in a manner that allow the 
                        leases to fulfill the purposes of the program, 
                        consistent with the other provisions of this 
                        title and title IV.
                    (B) Designation.--Land subject to a lease described 
                in paragraph (1) shall be considered part of the 
                Conservation Area and managed in accordance with other 
                provisions of this title on a finding by the Secretary 
                that--
                            (i)(I) the lease has expired; and
                            (II) the applicable lease tract has been 
                        removed from the leasing program by the 
                        Secretary of Energy; and
                            (ii) the land that was subject to the lease 
                        is suitable for inclusion in the Conservation 
                        Area.
                    (C) Effect.--Nothing in subparagraph (B) prevents 
                the Secretary of Energy from extending any lease 
                described in paragraph (1).

SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY COUNCIL.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish an advisory 
council, to be known as the ``Dolores River National Conservation Area 
Advisory Council''.
    (b) Duties.--The Council shall advise--
            (1) the Secretary with respect to the preparation, 
        implementation, and monitoring of the management plan prepared 
        under section 102(c); and
            (2) the Secretary of Agriculture with respect to the 
        preparation, implementation, and monitoring of the management 
        plan prepared under section 202(c).
    (c) Applicable Law.--The Council shall be subject to--
            (1) chapter 10 of title 5, United States Code (commonly 
        referred to as the ``Federal Advisory Committee Act'');
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) this Act.
    (d) Membership.--
            (1) In general.--The Council shall include 14 members to be 
        appointed by the Secretary, of whom, to the extent 
        practicable--
                    (A) 2 members shall represent agricultural water 
                user interests in the Conservation Area or the Dolores 
                River watershed, of whom 1 shall represent the Dolores 
                Water Conservancy District;
                    (B) 2 members shall represent conservation 
                interests in the Conservation Area;
                    (C) 2 members shall represent recreation interests 
                in the Conservation Area, 1 of whom shall represent 
                whitewater boating interests;
                    (D) 1 member shall be a representative of Dolores 
                County, Colorado;
                    (E) 1 member shall be a representative of San 
                Miguel County, Colorado;
                    (F) 1 member shall be a representative of Montezuma 
                County, Colorado;
                    (G) 1 member shall be a private landowner that owns 
                land in immediate proximity to the Conservation Area;
                    (H) 1 member shall be a representative of Colorado 
                Parks and Wildlife;
                    (I) 1 member shall be a holder of a grazing-
                allotment permit in the Conservation Area; and
                    (J) 2 members shall be representatives of Indian 
                Tribes, 1 of whom shall be a representative of the Ute 
                Mountain Ute Tribe.
            (2) Representation.--
                    (A) In general.--The Secretary shall ensure that 
                the membership of the Council is fairly balanced in 
                terms of the points of view represented and the 
                functions to be performed by the Council.
                    (B) Requirements.--
                            (i) In general.--The members of the Council 
                        described in subparagraphs (B) and (C) of 
                        paragraph (1) shall be residents that live 
                        within reasonable proximity to the Conservation 
                        Area.
                            (ii) County representatives.--The members 
                        of the Council described in subparagraphs (D) 
                        and (E) of paragraph (1) shall be--
                                    (I) residents of the respective 
                                counties referred to in those 
                                subparagraphs; and
                                    (II) capable of representing the 
                                interests of the applicable board of 
                                county commissioners.
    (e) Terms of Office.--
            (1) In general.--The term of office of a member of the 
        Council shall be 5 years.
            (2) Reappointment.--A member may be reappointed to the 
        Council on completion of the term of office of the member.
    (f) Compensation.--A member of the Council--
            (1) shall serve without compensation for service on the 
        Council; but
            (2) may be reimbursed for qualified expenses of the member.
    (g) Chairperson.--The Council shall elect a chairperson from among 
the members of the Council.
    (h) Meetings.--
            (1) In general.--The Council shall meet at the call of the 
        chairperson--
                    (A) not less frequently than quarterly until the 
                management plan under section 102(c) is developed; and
                    (B) thereafter, at the call of the Secretary.
            (2) Public meetings.--Each meeting of the Council shall be 
        open to the public.
            (3) Notice.--A notice of each meeting of the Council shall 
        be published in advance of the meeting.
    (i) Technical Assistance.--The Secretary shall provide, to the 
maximum extent practicable in accordance with applicable law, any 
information and technical services requested by the Council to assist 
in carrying out the duties of the Council.
    (j) Renewal.--The Secretary shall ensure that the Council charter 
is renewed as required under applicable law.
    (k) Duration.--The Council--
            (1) shall continue to function for the duration of 
        existence of the Conservation Area; but
            (2) on completion of the management plan, shall only meet--
                    (A) at the call of the Secretary; or
                    (B) in the case of a review or proposed revision to 
                the management plan.

            TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA

SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT AREA.

    (a) Establishment.--
            (1) In general.--Subject to valid existing rights, there is 
        established the Dolores River Special Management Area in the 
        State.
            (2) Land included.--The Special Management Area shall 
        consist of approximately 15,452 acres of Federal land in the 
        San Juan National Forest in the State, including National 
        Forest System land in the Dolores River segment that extends 
        from the Dolores Project boundary downstream to the boundary of 
        the San Juan National Forest, as of the date of enactment of 
        this Act, as generally depicted as ``Proposed Dolores River 
        Special Management Area'' on the Map.
    (b) Purpose.--The purpose of the Special Management Area is to 
conserve, protect, and enhance the native fish, whitewater boating, 
recreational, hunting, fishing, scenic, cultural, archaeological, 
natural, geological, historical, ecological, watershed, wildlife, 
educational, and scientific resources of the Special Management Area.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of the Special Management Area with the Committee 
        on Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate.
            (2) Effect.--The map and legal description prepared under 
        paragraph (1) shall have the same force and effect as if 
        included in this title, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Public availability.--A copy of the map and legal 
        description shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service.

SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA.

    (a) In General.--The Secretary shall manage the Special Management 
Area in accordance with--
            (1) this Act;
            (2) the National Forest Management Act of 1976 (16 U.S.C. 
        1600 et seq.); and
            (3) other applicable laws.
    (b) Uses.--The Secretary shall allow only such uses of the Special 
Management Area as the Secretary determines would further the purpose 
of the Special Management Area, as described in section 201(b).
    (c) Management Plan.--
            (1) Plan required.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary shall 
                develop a management plan for the long-term protection, 
                management, and monitoring of the Special Management 
                Area.
                    (B) Review and revision.--The management plan under 
                subparagraph (A) shall, from time to time, be subject 
                to review and revision in accordance with--
                            (i) this Act;
                            (ii) the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.); and
                            (iii) other applicable laws.
            (2) Consultation and coordination.--The Secretary shall 
        prepare and revise the management plan under paragraph (1)--
                    (A) in consultation with--
                            (i) the State;
                            (ii) units of local government;
                            (iii) the public;
                            (iv) the Council; and
                            (v) the Native Fish Monitoring and 
                        Recommendation Team, as described in section 
                        402(b)(1); and
                    (B) in coordination with the Secretary of the 
                Interior, with respect to the development of the 
                separate management plan for the Conservation Area, as 
                described in section 102(c).
            (3) Recommendations.--In preparing and revising the 
        management plan under paragraph (1), the Secretary shall take 
        into consideration any recommendations from the Council.
            (4) Treaty rights.--In preparing and revising the 
        management plan under paragraph (1), taking into consideration 
        the rights and obligations described in section 402, the 
        Secretary shall ensure that the management plan does not alter 
        or diminish--
                    (A) the treaty rights of any Indian Tribe;
                    (B) any rights described in the Colorado Ute Indian 
                Water Rights Settlement Act of 1988 (Public Law 100-
                585; 102 Stat. 2973); or
                    (C) the operation or purposes of the Dolores 
                Project.
    (d) Incorporation of Acquired Land and Interests.--Any land or 
interest in land located within the boundary of the Special Management 
Area that is acquired by the United States in accordance with section 
401(c) after the date of enactment of this Act shall--
            (1) become part of the Special Management Area; and
            (2) be managed as provided in this section.

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

SEC. 301. PURPOSE.

    The purpose of this title is to release portions of the Dolores 
River and certain tributaries from designation for potential addition 
under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) or from 
further study under that Act.

SEC. 302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER 
              CONGRESSIONAL STUDY AREA.

    Section 5(a)(56) of the Wild and Scenic Rivers Act (16 U.S.C. 
1276(a)(56)) is amended by inserting ``and the segments of the Dolores 
River located in the Dolores River National Conservation Area 
designated by the Dolores River National Conservation Area and Special 
Management Area Act'' before the period at the end.

SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION PROVISION.

    Section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 
1276(d)(1)) shall not apply to--
            (1) the Conservation Area; or
            (2) the Special Management Area.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. MANAGEMENT OF COVERED LAND.

    (a) Motorized Vehicles.--
            (1) In general.--Except in cases in which motorized 
        vehicles are needed for administrative purposes or to respond 
        to an emergency, the use of motorized vehicles in the covered 
        land shall be permitted only on designated routes.
            (2) Road construction.--Except as necessary for 
        administrative purposes, protection of public health and 
        safety, or providing reasonable access to private property, the 
        Secretary shall not construct any permanent or temporary road 
        within the covered land after the date of enactment of this 
        Act.
    (b) Withdrawals.--Subject to valid existing rights, all covered 
land, including any land or interest in land that is acquired by the 
United States within the covered land after the date of enactment of 
this Act, is withdrawn from--
            (1) entry, appropriation or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws, except as provided in section 
        102(e).
    (c) Willing Sellers.--Any acquisition of land or interests in land 
under this Act shall be only by purchase from willing sellers, 
donation, or exchange.
    (d) Grazing.--The Secretary shall issue and administer any grazing 
leases or permits and trailing permits and administer allotments in the 
covered land in accordance with the laws (including regulations) 
applicable to the issuance and administration of leases and permits on 
other land under the jurisdiction of the Bureau of Land Management or 
Forest Service, as applicable.
    (e) Access to Private Land.--To ensure reasonable use and enjoyment 
of private property (whether in existence on the date of enactment of 
this Act or in an improved state), the Secretary shall grant reasonable 
and feasible access through the covered land to any private property 
that is located within or adjacent to the covered land, if other routes 
to the private property are blocked by physical barriers, such as the 
Dolores River or the cliffs of the Dolores River.
    (f) Easements.--The Secretary may lease or acquire easements on 
private land from willing lessors, donors, or sellers for recreation, 
access, conservation, or other permitted uses, to the extent necessary 
to fulfill the purposes of the Conservation Area or Special Management 
Area, as applicable.
    (g) Wildfire, Insect, and Disease Management.--The Secretary may 
take any measures that the Secretary determines to be necessary to 
control fire, insects, and diseases in the covered land, (including, as 
the Secretary determines to be appropriate, the coordination of the 
measures with the State or a local agency).
    (h) Management of Ponderosa Gorge.--
            (1) In general.--The Secretary shall manage the areas of 
        the Conservation Area and Special Management Area identified on 
        the Map as ``Ponderosa Gorge'' in a manner that maintains the 
        wilderness character of those areas as of the date of enactment 
        of this Act.
            (2) Prohibited activities.--Subject to paragraphs (3) and 
        (4), in the areas described in paragraph (1), the following 
        activities shall be prohibited:
                    (A) New permanent or temporary road construction or 
                the renovation of nonsystem roads in existence on the 
                date of enactment of this Act.
                    (B) The use of motor vehicles, motorized equipment, 
                or mechanical transport, except as necessary to meet 
                the minimum requirements for the administration of the 
                Federal land, to protect public health and safety, or 
                to conduct ecological restoration activities to improve 
                the aquatic habitat of the Dolores River channel.
                    (C) Projects undertaken for the purpose of 
                harvesting commercial timber.
            (3) Utility corridor.--Nothing in this subsection affects 
        the operation, maintenance, or location of the utility right-
        of-way within the corridor, as depicted on the Map.
            (4) Effect on certain vegetation management projects.--
        Nothing in this subsection--
                    (A) affects the implementation of the Lone Pine 
                Vegetation Management Project authorized by the Forest 
                Service in a decision notice dated January 23, 2020; or
                    (B) prohibits activities relating to the harvest of 
                merchantable products that are byproducts of activities 
                conducted--
                            (i) for ecological restoration; or
                            (ii) to further the purposes of this Act.
    (i) Effect.--Nothing in this Act prohibits the Secretary from 
issuing a new permit and right-of-way within the covered land for a 
width of not more than 150 feet for a right-of-way that serves a 
transmission line in existence on the date of enactment of this Act, on 
the condition that the Secretary shall relocate the right-of-way in a 
manner that furthers the purposes of this Act.
    (j) Climatological Data Collection.--Subject to such terms and 
conditions as the Secretary may require, nothing in this Act precludes 
the installation and maintenance of hydrologic, meteorological, or 
climatological collection devices in the covered land if the facilities 
and access to the facilities are essential to public safety, flood 
warning, flood control, water reservoir operation activities, or the 
collection of hydrologic data for water resource management purposes.

SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS.

    (a) Dolores Project.--
            (1) Operation.--The Dolores Project and the operation of 
        McPhee Reservoir shall continue to be the responsibility of, 
        and be operated by, the Secretary, in cooperation with the 
        Dolores Water Conservancy District, in accordance with 
        applicable laws and obligations.
            (2) Effect.--Nothing in this Act affects the Dolores 
        Project or the current or future operation of McPhee Reservoir 
        in accordance with--
                    (A) the reclamation laws;
                    (B) any applicable--
                            (i) Dolores Project water contract, storage 
                        contract, or carriage contract; or
                            (ii) allocation of Dolores Project water;
                    (C) the environmental assessment and finding of no 
                significant impact prepared by the Bureau of 
                Reclamation Upper Colorado Region and approved August 
                2, 1996;
                    (D) the operating agreement entitled ``Operating 
                Agreement, McPhee Dam and Reservoir, Contract No. 99-
                WC-40-R6100, Dolores Project, Colorado'' and dated 
                April 25, 2000 (or any subsequent renewal or revision 
                of that agreement);
                    (E) mitigation measures for whitewater boating, 
                including any such measure described in--
                            (i) the document entitled ``Dolores Project 
                        Colorado Definite Plan Report'' and dated April 
                        1977;
                            (ii) the Dolores Project final 
                        environmental statement dated May 9, 1977; or
                            (iii) a document referred to in 
                        subparagraph (C) or (D);
                    (F) applicable Federal or State laws relating to 
                the protection of the environment, including--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.); and
                    (G) the Colorado Ute Indian Water Rights Settlement 
                Act of 1988 (Public Law 100-585; 102 Stat. 2973).
    (b) Management of Flows.--
            (1) In general.--In managing available flows below McPhee 
        Dam to conserve, protect, and enhance the resources described 
        in sections 101(b) and 201(b) of the Dolores River within the 
        covered land, including native fish and whitewater boating 
        resources, the Secretary shall seek to provide regular and 
        meaningful consultation and collaboration with interested 
        stakeholders, including the Native Fish Monitoring and 
        Recommendation Team, which includes water management entities, 
        affected counties, conservation interests, whitewater boating 
        interests, Colorado Parks and Wildlife, and the Ute Mountain 
        Ute Tribe, during the process of decision making.
            (2) Annual report.--Beginning on the date that is 1 year 
        after the date of enactment of this Act and annually 
        thereafter, the Commissioner of Reclamation shall prepare and 
        make publically available a report that describes any progress 
        with respect to the conservation, protection, and enhancement 
        of native fish in the Dolores River.
    (c) Water Resource Projects.--
            (1) In general.--Subject to valid existing rights and 
        paragraph (2), after the date of enactment of this Act, the 
        Secretary or any other officer, employee, or agent of the 
        United States may not assist by loan, grant, license, or 
        otherwise in the construction or modification of any water 
        resource project--
                    (A) located on the covered land that would--
                            (i) affect the free-flowing character of 
                        any stream within the covered land; or
                            (ii) unreasonably diminish the resource 
                        values described in sections 101(b) and 201(b) 
                        of the Dolores River within the covered land; 
                        or
                    (B) located outside the covered land that would 
                unreasonably diminish the resource values described in 
                sections 101(b) and 201(b) of the Dolores River within 
                the covered land.
            (2) Limitations.--Subject to the requirements of this 
        section, nothing in paragraph (1)--
                    (A) prevents, outside the covered land--
                            (i) the construction of small diversion 
                        dams or stock ponds;
                            (ii) new minor water developments in 
                        accordance with existing decreed water rights; 
                        or
                            (iii) minor modifications to structures; or
                    (B) affects access to, or operation, maintenance, 
                relicensing, repair, or replacement of, existing water 
                resource projects.
    (d) Effect.--Nothing in this Act--
            (1) affects--
                    (A) any water right that is--
                            (i) decreed under the laws of the State; 
                        and
                            (ii) in existence on the date of enactment 
                        of this Act;
                    (B) the use, allocation, ownership, or control, in 
                existence on the date of enactment of this Act, of any 
                water or water right;
                    (C) any vested absolute or decreed conditional 
                water right in existence on the date of enactment of 
                this Act, including any water right held by the United 
                States;
                    (D) any interstate water compact in existence on 
                the date of enactment of this Act; or
                    (E) State jurisdiction over any water law, water 
                right, or adjudication or administration relating to 
                any water resource;
            (2) imposes--
                    (A) any mandatory streamflow requirement within the 
                covered land; or
                    (B) any Federal water quality standard within, or 
                upstream of, the covered land that is more restrictive 
                than would be applicable if the covered land had not 
                been designated as the Conservation Area or Special 
                Management Area under this Act; or
            (3) constitutes an express or implied reservation by the 
        United States of any reserved or appropriative water right 
        within the covered land.

SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGULATORY AUTHORITY.

    (a) Effect.--Nothing in this Act--
            (1) affects valid existing rights;
            (2) requires any owner of private property to bear any 
        costs associated with the implementation of the management plan 
        under this Act;
            (3) affects the jurisdiction or responsibility of the State 
        with respect to fish and wildlife in the State;
            (4) requires a change in or affects local zoning laws of 
        the State or a political subdivision of the State; or
            (5) affects--
                    (A) the jurisdiction over, use, or maintenance of 
                county roads in the covered land; or
                    (B) the administration of the portion of the road 
                that is not a county road and that is commonly known as 
                the ``Dolores River Road'' within the Conservation 
                Area, subject to the condition that the Secretary shall 
                not improve the road beyond the existing primitive 
                condition of the road.
    (b) Adjacent Management.--
            (1) No buffer zones.--The designation of the Conservation 
        Area and the Special Management Area by this Act shall not 
        create any protective perimeter or buffer zone around the 
        Conservation Area or Special Management Area, as applicable.
            (2) Private land.--Nothing in this Act requires the 
        prohibition of any activity on private land outside the 
        boundaries of the Conservation Area or the Special Management 
        Area that can be seen or heard from within such a boundary.

SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES.

    (a) Treaty Rights.--Nothing in this Act affects the treaty rights 
of any Indian Tribe, including rights under the Agreement of September 
13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 
136).
    (b) Traditional Tribal Uses.--Subject to any terms and conditions 
as the Secretary determines to be necessary and in accordance with 
applicable law, the Secretary shall allow for the continued use of the 
covered land by members of Indian Tribes--
            (1) for traditional ceremonies; and
            (2) as a source of traditional plants and other materials.
                                                       Calendar No. 392

118th CONGRESS

  2d Session

                                 S. 636

                          [Report No. 118-176]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 16, 2024

                        Reported with amendments
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