II 

118TH CONGRESS 

1ST SESSION S. 636 

To establish the Dolores River National Conservation Area and the Dolores 

River Special Management Area in the State of Colorado, to protect 

private water rights in the State, and for other purposes. 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Dolores River National Conservation Area and Special 

6 Management Area Act’’. 

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

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the Dolores River National 

5 Conservation Area established by section 101(a). 

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

7 Dolores River National Conservation Area Advisory 

8 Council established under section 103(a). 

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

10 means— 

11 (A) the Conservation Area; and 

12 (B) the Special Management Area. 


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

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

3 3 of the Colorado Ute Indian Water Rights Settle4 ment Act of 1988 (Public Law 100–585; 102 Stat. 

5 2974). 

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

7 prepared by the Bureau of Land Management enti8 tled ‘‘Proposed Dolores River National Conservation 

9 Area and Special Management Area’’ and dated De10 cember 14, 2022. 

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

12 means— 

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

14 (B) in title II, the Secretary of Agri15 culture; and 

16 (C) in title IV— 

17 (i) the Secretary of the Interior, with 

18 respect to land under the jurisdiction of 

19 the Secretary of the Interior; and 

20 (ii) the Secretary of Agriculture, with 

21 respect to land under the jurisdiction of 

22 the Secretary of Agriculture. 

23 (7) SPECIAL MANAGEMENT AREA.—The term 

24 ‘‘Special Management Area’’ means the Dolores 


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1 River Special Management Area established by sec2 tion 201(a). 

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

4 of Colorado. 

5 (9) UNREASONABLY DIMINISH.—The term ‘‘un6 reasonably diminish’’ is within the meaning of the 

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

8 Rivers Act (16 U.S.C. 1278(a)) and has the mean9 ing of the term as applied in appendix D of the 

10 Technical Report of the Interagency Wild and Scenic 

11 Rivers Coordinating Council entitled ‘‘Wild & Scenic 

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

13 (10) WATER RESOURCE PROJECT.—The term 

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

15 and pumping facility, reservoir, water conservation 

16 work, aqueduct, canal, ditch, pipeline, well, hydro17 power project, and transmission and other ancillary 

18 facility, and other water diversion, storage, and car19 riage structure. 

20 TITLE I—DOLORES RIVER NA21 TIONAL CONSERVATION AREA 

22 SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL 

23 CONSERVATION AREA. 

24 (a) ESTABLISHMENT.— 


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

2 rights, there is established the Dolores River Na3 tional Conservation Area in the State. 

4 (2) LAND INCLUDED.—The Conservation Area 

5 shall consist of approximately 52,872 acres of Bu6 reau of Land Management land in the State, as gen7 erally depicted as ‘‘Proposed Lower Dolores River 

8 National Conservation Area’’ on the Map. 

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

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

11 whitewater boating, recreational, hunting, fishing, scenic, 

12 cultural, archaeological, natural, geological, historical, eco13 logical, watershed, wildlife, educational, and scientific re14 sources of the Conservation Area. 

15 (c) MAP AND LEGAL DESCRIPTION.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall file a map and legal description of the Con19 servation Area with the Committee on Natural Re20 sources of the House of Representatives and the 

21 Committee on Energy and Natural Resources of the 

22 Senate. 

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

24 prepared under paragraph (1) shall have the same 

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


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1 that the Secretary may correct minor errors in the 

2 map or legal description. 

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

4 and legal description shall be on file and available 

5 for public inspection in the appropriate offices of the 

6 Bureau of Land Management. 

7 SEC. 102. MANAGEMENT OF CONSERVATION AREA. 

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

9 Conservation Area in accordance with— 

10 (1) this Act; 

11 (2) the Federal Land Policy and Management 

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

13 (3) other applicable laws. 

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

15 Secretary shall allow only such uses of the Conservation 

16 Area as are consistent with the purpose described in sec17 tion 101(b). 

18 (c) MANAGEMENT PLAN.— 

19 (1) PLAN REQUIRED.— 

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

21 after the date of enactment of this Act, the Sec22 retary shall develop a management plan for the 

23 long-term protection, management, and moni24 toring of the Conservation Area. 


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1 (B) REVIEW AND REVISION.—The manage2 ment plan under subparagraph (A) shall, from 

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

4 in accordance with— 

5 (i) this Act; 

6 (ii) the Federal Land Policy and Man7 agement Act of 1976 (43 U.S.C. 1701 et 

8 seq.); and 

9 (iii) other applicable laws. 

10 (2) CONSULTATION AND COORDINATION.—The 

11 Secretary shall prepare and revise the management 

12 plan under paragraph (1)— 

13 (A) in consultation with— 

14 (i) the State; 

15 (ii) units of local government; 

16 (iii) the public; 

17 (iv) the Council; and 

18 (v) the Native Fish Monitoring and 

19 Recommendation Team, as described in 

20 section 402(b)(1); and 

21 (B) in coordination with the Secretary of 

22 Agriculture, with respect to the development of 

23 the separate management plan for the Special 

24 Management Area, as described in section 

25 202(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 Conservation Area that is acquired by the 

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

22 date of enactment of this Act shall— 

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

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

25 (e) DEPARTMENT OF ENERGY LEASES.— 


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

2 valid leases or lease tracts existing on the date of en3 actment of this Act issued under the uranium leas4 ing program of the Department of Energy within the 

5 boundaries of the Conservation Area. 

6 (2) MANAGEMENT.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), land designated for the program de9 scribed in paragraph (1) shall be— 

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

11 (ii) managed in a manner that allow 

12 the leases to fulfill the purposes of the pro13 gram, consistent with the other provisions 

14 of this title and title IV. 

15 (B) DESIGNATION.—Land subject to a 

16 lease described in paragraph (1) shall be con17 sidered part of the Conservation Area and man18 aged in accordance with other provisions of this 

19 title on a finding by the Secretary that— 

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

21 (II) the applicable lease tract has been 

22 removed from the leasing program by the 

23 Secretary of Energy; and 


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1 (ii) the land that was subject to the 

2 lease is suitable for inclusion in the Con3 servation Area. 

4 (C) EFFECT.—Nothing in subparagraph 

5 (B) prevents the Secretary of Energy from ex6 tending any lease described in paragraph (1). 

7 SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA 

8 ADVISORY COUNCIL. 

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

10 the date of enactment of this Act, the Secretary shall es11 tablish an advisory council, to be known as the ‘‘Dolores 

12 River National Conservation Area Advisory Council’’. 

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

14 (1) the Secretary with respect to the prepara15 tion, implementation, and monitoring of the manage16 ment plan prepared under section 102(c); and 

17 (2) the Secretary of Agriculture with respect to 

18 the preparation, implementation, and monitoring of 

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

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

21 to— 

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

23 (commonly referred to as the ‘‘Federal Advisory 

24 Committee Act’’); 


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1 (2) the Federal Land Policy and Management 

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

3 (3) this Act. 

4 (d) MEMBERSHIP.— 

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

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

7 to the extent practicable— 

8 (A) 2 members shall represent agricultural 

9 water user interests in the Conservation Area 

10 or the Dolores River watershed, of whom 1 

11 shall represent the Dolores Water Conservancy 

12 District; 

13 (B) 2 members shall represent conserva14 tion interests in the Conservation Area; 

15 (C) 2 members shall represent recreation 

16 interests in the Conservation Area, 1 of whom 

17 shall represent whitewater boating interests; 

18 (D) 1 member shall be a representative of 

19 Dolores County, Colorado; 

20 (E) 1 member shall be a representative of 

21 San Miguel County, Colorado; 

22 (F) 1 member shall be a representative of 

23 Montezuma County, Colorado; 


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1 (G) 1 member shall be a private landowner 

2 that owns land in immediate proximity to the 

3 Conservation Area; 

4 (H) 1 member shall be a representative of 

5 Colorado Parks and Wildlife; 

6 (I) 1 member shall be a holder of a graz7 ing-allotment permit in the Conservation Area; 

8 and 

9 (J) 2 members shall be representatives of 

10 Indian Tribes, 1 of whom shall be a representa11 tive of the Ute Mountain Ute Tribe. 

12 (2) REPRESENTATION.— 

13 (A) IN GENERAL.—The Secretary shall en14 sure that the membership of the Council is fair15 ly balanced in terms of the points of view rep16 resented and the functions to be performed by 

17 the Council. 

18 (B) REQUIREMENTS.— 

19 (i) IN GENERAL.—The members of 

20 the Council described in subparagraphs 

21 (B) and (C) of paragraph (1) shall be resi22 dents that live within reasonable proximity 

23 to the Conservation Area. 

24 (ii) COUNTY REPRESENTATIVES.—The 

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1 paragraphs (D) and (E) of paragraph (1) 

2 shall be— 

3 (I) residents of the respective 

4 counties referred to in those subpara5 graphs; and 

6 (II) capable of representing the 

7 interests of the applicable board of 

8 county commissioners. 

9 (e) TERMS OF OFFICE.— 

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

11 member of the Council shall be 5 years. 

12 (2) REAPPOINTMENT.—A member may be re13 appointed to the Council on completion of the term 

14 of office of the member. 

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

16 (1) shall serve without compensation for service 

17 on the Council; but 

18 (2) may be reimbursed for qualified expenses of 

19 the member. 

20 (g) CHAIRPERSON.—The Council shall elect a chair21 person from among the members of the Council. 

22 (h) MEETINGS.— 

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

24 the call of the chairperson— 


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1 (A) not less frequently than quarterly until 

2 the management plan under section 102(c) is 

3 developed; and 

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

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

6 Council shall be open to the public. 

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

8 Council shall be published in advance of the meeting. 

9 (i) TECHNICAL ASSISTANCE.—The Secretary shall 

10 provide, to the maximum extent practicable in accordance 

11 with applicable law, any information and technical services 

12 requested by the Council to assist in carrying out the du13 ties of the Council. 

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

15 Council charter is renewed as required under applicable 

16 law. 

17 (k) DURATION.—The Council— 

18 (1) shall continue to function for the duration 

19 of existence of the Conservation Area; but 

20 (2) on completion of the management plan, 

21 shall only meet— 

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

23 (B) in the case of a review or proposed re24 vision to the management plan. 


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1 TITLE II—DOLORES RIVER 

2 SPECIAL MANAGEMENT AREA 

3 SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MAN4 AGEMENT AREA. 

5 (a) ESTABLISHMENT.— 

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

7 rights, there is established the Dolores River Special 

8 Management Area in the State. 

9 (2) LAND INCLUDED.—The Special Manage10 ment Area shall consist of approximately 15,452 

11 acres of Federal land in the San Juan National For12 est in the State, including National Forest System 

13 land in the Dolores River segment that extends from 

14 the Dolores Project boundary downstream to the 

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

16 date of enactment of this Act, as generally depicted 

17 as ‘‘Proposed Dolores River Special Management 

18 Area’’ on the Map. 

19 (b) PURPOSE.—The purpose of the Special Manage20 ment Area is to conserve, protect, and enhance the native 

21 fish, whitewater boating, recreational, hunting, fishing, 

22 scenic, cultural, archaeological, natural, geological, histor23 ical, ecological, watershed, wildlife, educational, and sci24 entific resources of the Special Management Area. 

25 (c) MAP AND LEGAL DESCRIPTION.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall file a map and legal description of the Special 

4 Management Area with the Committee on Natural 

5 Resources of the House of Representatives and the 

6 Committee on Energy and Natural Resources of the 

7 Senate. 

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

9 prepared under paragraph (1) shall have the same 

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

11 that the Secretary may correct minor errors in the 

12 map or legal description. 

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

14 and legal description shall be on file and available 

15 for public inspection in the appropriate offices of the 

16 Forest Service. 

17 SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA. 

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

19 Special Management Area in accordance with— 

20 (1) this Act; 

21 (2) the National Forest Management Act of 

22 1976 (16 U.S.C. 1600 et seq.); and 

23 (3) other applicable laws. 

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

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1 mines would further the purpose of the Special Manage2 ment Area, as described in section 201(b). 

3 (c) MANAGEMENT PLAN.— 

4 (1) PLAN REQUIRED.— 

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

6 after the date of enactment of this Act, the Sec7 retary shall develop a management plan for the 

8 long-term protection, management, and moni9 toring of the Special Management Area. 

10 (B) REVIEW AND REVISION.—The manage11 ment plan under subparagraph (A) shall, from 

12 time to time, be subject to review and revision 

13 in accordance with— 

14 (i) this Act; 

15 (ii) the National Forest Management 

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

17 (iii) other applicable laws. 

18 (2) CONSULTATION AND COORDINATION.—The 

19 Secretary shall prepare and revise the management 

20 plan under paragraph (1)— 

21 (A) in consultation with— 

22 (i) the State; 

23 (ii) units of local government; 

24 (iii) the public; 

25 (iv) the Council; and 


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1 (v) the Native Fish Monitoring and 

2 Recommendation Team, as described in 

3 section 402(b)(1); and 

4 (B) in coordination with the Secretary of 

5 the Interior, with respect to the development of 

6 the separate management plan for the Con7 servation Area, as described in section 102(c). 

8 (3) RECOMMENDATIONS.—In preparing and re9 vising the management plan under paragraph (1), 

10 the Secretary shall take into consideration any rec11 ommendations from the Council. 

12 (4) TREATY RIGHTS.—In preparing and revis13 ing the management plan under paragraph (1), tak14 ing into consideration the rights and obligations de15 scribed in section 402, the Secretary shall ensure 

16 that the management plan does not alter or dimin17 ish— 

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

19 (B) any rights described in the Colorado 

20 Ute Indian Water Rights Settlement Act of 

21 1988 (Public Law 100–585; 102 Stat. 2973); 

22 or 

23 (C) the operation or purposes of the Dolo24 res Project. 


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1 (d) INCORPORATION OF ACQUIRED LAND AND IN2 TERESTS.—Any land or interest in land located within the 

3 boundary of the Special Management Area that is ac4 quired by the United States in accordance with section 

5 401(c) after the date of enactment of this Act shall— 

6 (1) become part of the Special Management 

7 Area; and 

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

9 TITLE III—TECHNICAL MODI10 FICATIONS TO POTENTIAL 

11 ADDITIONS TO NATIONAL 

12 WILD AND SCENIC RIVERS 

13 SYSTEM 

14 SEC. 301. PURPOSE. 

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

16 Dolores River and certain tributaries from designation for 

17 potential addition under the Wild and Scenic Rivers Act 

18 (16 U.S.C. 1271 et seq.) or from further study under that 

19 Act. 

20 SEC. 302. RELEASE OF DESIGNATED SEGMENTS FROM DO21 LORES RIVER CONGRESSIONAL STUDY AREA. 

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

23 (16 U.S.C. 1276(a)(56)) is amended by inserting ‘‘and the 

24 segments of the Dolores River located in the Dolores River 

25 National Conservation Area designated by the Dolores 


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1 River National Conservation Area and Special Manage2 ment Area Act’’ before the period at the end. 

3 SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION 

4 PROVISION. 

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

6 (16 U.S.C. 1276(d)(1)) shall not apply to— 

7 (1) the Conservation Area; or 

8 (2) the Special Management Area. 

9 TITLE IV—GENERAL 

10 PROVISIONS 

11 SEC. 401. MANAGEMENT OF COVERED LAND. 

12 (a) MOTORIZED VEHICLES.— 

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

14 motorized vehicles are needed for administrative pur15 poses or to respond to an emergency, the use of mo16 torized vehicles in the covered land shall be per17 mitted only on designated routes. 

18 (2) ROAD CONSTRUCTION.—Except as nec19 essary for administrative purposes, protection of 

20 public health and safety, or providing reasonable ac21 cess to private property, the Secretary shall not con22 struct any permanent or temporary road within the 

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

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

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


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1 is acquired by the United States within the covered land 

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

3 from— 

4 (1) entry, appropriation or disposal under the 

5 public land laws; 

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

7 laws; and 

8 (3) operation of the mineral leasing, mineral 

9 materials, and geothermal leasing laws, except as 

10 provided in section 102(e). 

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

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

13 from willing sellers, donation, or exchange. 

14 (d) GRAZING.—The Secretary shall issue and admin15 ister any grazing leases or permits and trailing permits 

16 and administer allotments in the covered land in accord17 ance with the laws (including regulations) applicable to the 

18 issuance and administration of leases and permits on other 

19 land under the jurisdiction of the Bureau of Land Man20 agement or Forest Service, as applicable. 

21 (e) ACCESS TO PRIVATE LAND.—To ensure reason22 able use and enjoyment of private property (whether in 

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

24 improved state), the Secretary shall grant reasonable and 

25 feasible access through the covered land to any private 


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1 property that is located within or adjacent to the covered 

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

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

4 of the Dolores River. 

5 (f) EASEMENTS.—The Secretary may lease or ac6 quire easements on private land from willing lessors, do7 nors, or sellers for recreation, access, conservation, or 

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

9 purposes of the Conservation Area or Special Management 

10 Area, as applicable. 

11 (g) WILDFIRE, INSECT, AND DISEASE MANAGE12 MENT.—The Secretary may take any measures that the 

13 Secretary determines to be necessary to control fire, in14 sects, and diseases in the covered land, (including, as the 

15 Secretary determines to be appropriate, the coordination 

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

17 (h) MANAGEMENT OF PONDEROSA GORGE.— 

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

19 the areas of the Conservation Area and Special Man20 agement Area identified on the Map as ‘‘Ponderosa 

21 Gorge’’ in a manner that maintains the wilderness 

22 character of those areas as of the date of enactment 

23 of this Act. 


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1 (2) PROHIBITED ACTIVITIES.—Subject to para2 graphs (3) and (4), in the areas described in para3 graph (1), the following activities shall be prohibited: 

4 (A) New permanent or temporary road 

5 construction or the renovation of nonsystem 

6 roads in existence on the date of enactment of 

7 this Act. 

8 (B) The use of motor vehicles, motorized 

9 equipment, or mechanical transport, except as 

10 necessary to meet the minimum requirements 

11 for the administration of the Federal land, to 

12 protect public health and safety, or to conduct 

13 ecological restoration activities to improve the 

14 aquatic habitat of the Dolores River channel. 

15 (C) Projects undertaken for the purpose of 

16 harvesting commercial timber. 

17 (3) UTILITY CORRIDOR.—Nothing in this sub18 section affects the operation, maintenance, or loca19 tion of the utility right-of-way within the corridor, as 

20 depicted on the Map. 

21 (4) EFFECT ON CERTAIN VEGETATION MANAGE22 MENT PROJECTS.—Nothing in this subsection— 

23 (A) affects the implementation of the Lone 

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1 ized by the Forest Service in a decision notice 

2 dated January 23, 2020; or 

3 (B) prohibits activities relating to the har4 vest of merchantable products that are byprod5 ucts of activities conducted— 

6 (i) for ecological restoration; or 

7 (ii) to further the purposes of this 

8 Act. 

9 (i) EFFECT.—Nothing in this Act prohibits the Sec10 retary from issuing a new permit and right-of-way within 

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

12 for a right-of-way that serves a transmission line in exist13 ence on the date of enactment of this Act, on the condition 

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

15 manner that furthers the purposes of this Act. 

16 (j) CLIMATOLOGICAL DATA COLLECTION.—Subject 

17 to such terms and conditions as the Secretary may re18 quire, nothing in this Act precludes the installation and 

19 maintenance of hydrologic, meteorological, or climato20 logical collection devices in the covered land if the facilities 

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

22 flood warning, flood control, water reservoir operation ac23 tivities, or the collection of hydrologic data for water re24 source management purposes. 


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1 SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER IN2 TERESTS. 

3 (a) DOLORES PROJECT.— 

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

5 operation of McPhee Reservoir shall continue to be 

6 the responsibility of, and be operated by, the Sec7 retary, in cooperation with the Dolores Water Con8 servancy District, in accordance with applicable laws 

9 and obligations. 

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

11 Dolores Project or the current or future operation of 

12 McPhee Reservoir in accordance with— 

13 (A) the reclamation laws; 

14 (B) any applicable— 

15 (i) Dolores Project water contract, 

16 storage contract, or carriage contract; or 

17 (ii) allocation of Dolores Project 

18 water; 

19 (C) the environmental assessment and 

20 finding of no significant impact prepared by the 

21 Bureau of Reclamation Upper Colorado Region 

22 and approved August 2, 1996; 

23 (D) the operating agreement entitled ‘‘Op24 erating Agreement, McPhee Dam and Res25 ervoir, Contract No. 99-WC-40-R6100, Dolores 

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


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1 (or any subsequent renewal or revision of that 

2 agreement); 

3 (E) mitigation measures for whitewater 

4 boating, including any such measure described 

5 in— 

6 (i) the document entitled ‘‘Dolores 

7 Project Colorado Definite Plan Report’’ 

8 and dated April 1977; 

9 (ii) the Dolores Project final environ10 mental statement dated May 9, 1977; or 

11 (iii) a document referred to in sub12 paragraph (C) or (D); 

13 (F) applicable Federal or State laws relat14 ing to the protection of the environment, includ15 ing— 

16 (i) the Endangered Species Act of 

17 1973 (16 U.S.C. 1531 et seq.); 

18 (ii) the National Environmental Policy 

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

20 (iii) the Federal Water Pollution Con21 trol Act (33 U.S.C. 1251 et seq.); and 

22 (G) the Colorado Ute Indian Water Rights 

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

24 102 Stat. 2973). 

25 (b) MANAGEMENT OF FLOWS.— 


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

2 below McPhee Dam to conserve, protect, and en3 hance the resources described in sections 101(b) and 

4 201(b) of the Dolores River within the covered land, 

5 including native fish and whitewater boating re6 sources, the Secretary shall seek to provide regular 

7 and meaningful consultation and collaboration with 

8 interested stakeholders, including the Native Fish 

9 Monitoring and Recommendation Team, which in10 cludes water management entities, affected counties, 

11 conservation interests, whitewater boating interests, 

12 Colorado Parks and Wildlife, and the Ute Mountain 

13 Ute Tribe, during the process of decision making. 

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

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

16 and annually thereafter, the Commissioner of Rec17 lamation shall prepare and make publically available 

18 a report that describes any progress with respect to 

19 the conservation, protection, and enhancement of na20 tive fish in the Dolores River. 

21 (c) WATER RESOURCE PROJECTS.— 

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

23 rights and paragraph (2), after the date of enact24 ment of this Act, the Secretary or any other officer, 

25 employee, or agent of the United States may not asVerDate Sep 11 2014 06:11 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636

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1 sist by loan, grant, license, or otherwise in the con2 struction or modification of any water resource 

3 project— 

4 (A) located on the covered land that 

5 would— 

6 (i) affect the free-flowing character of 

7 any stream within the covered land; or 

8 (ii) unreasonably diminish the re9 source values described in sections 101(b) 

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

11 covered land; or 

12 (B) located outside the covered land that 

13 would unreasonably diminish the resource val14 ues described in sections 101(b) and 201(b) of 

15 the Dolores River within the covered land. 

16 (2) LIMITATIONS.—Subject to the requirements 

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

18 (A) prevents, outside the covered land— 

19 (i) the construction of small diversion 

20 dams or stock ponds; 

21 (ii) new minor water developments in 

22 accordance with existing decreed water 

23 rights; or 

24 (iii) minor modifications to structures; 

25 or 


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1 (B) affects access to, or operation, mainte2 nance, relicensing, repair, or replacement of, ex3 isting water resource projects. 

4 (d) EFFECT.—Nothing in this Act— 

5 (1) affects— 

6 (A) any water right that is— 

7 (i) decreed under the laws of the 

8 State; and 

9 (ii) in existence on the date of enact10 ment of this Act; 

11 (B) the use, allocation, ownership, or con12 trol, in existence on the date of enactment of 

13 this Act, of any water or water right; 

14 (C) any vested absolute or decreed condi15 tional water right in existence on the date of 

16 enactment of this Act, including any water 

17 right held by the United States; 

18 (D) any interstate water compact in exist19 ence on the date of enactment of this Act; or 

20 (E) State jurisdiction over any water law, 

21 water right, or adjudication or administration 

22 relating to any water resource; 

23 (2) imposes— 

24 (A) any mandatory streamflow require25 ment within the covered land; or 


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1 (B) any Federal water quality standard 

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

3 more restrictive than would be applicable if the 

4 covered land had not been designated as the 

5 Conservation Area or Special Management Area 

6 under this Act; or 

7 (3) constitutes an express or implied reservation 

8 by the United States of any reserved or appropria9 tive water right within the covered land. 

10 SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGU11 LATORY AUTHORITY. 

12 (a) EFFECT.—Nothing in this Act— 

13 (1) affects valid existing rights; 

14 (2) requires any owner of private property to 

15 bear any costs associated with the implementation of 

16 the management plan under this Act; 

17 (3) affects the jurisdiction or responsibility of 

18 the State with respect to fish and wildlife in the 

19 State; 

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

21 laws of the State or a political subdivision of the 

22 State; or 

23 (5) affects— 

24 (A) the jurisdiction over, use, or mainte25 nance of county roads in the covered land; or 


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1 (B) the administration of the portion of 

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

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

4 within the Conservation Area, subject to the 

5 condition that the Secretary shall not improve 

6 the road beyond the existing primitive condition 

7 of the road. 

8 (b) ADJACENT MANAGEMENT.— 

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

10 the Conservation Area and the Special Management 

11 Area by this Act shall not create any protective pe12 rimeter or buffer zone around the Conservation Area 

13 or Special Management Area, as applicable. 

14 (2) PRIVATE LAND.—Nothing in this Act re15 quires the prohibition of any activity on private land 

16 outside the boundaries of the Conservation Area or 

17 the Special Management Area that can be seen or 

18 heard from within such a boundary. 

19 SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES. 

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

21 treaty rights of any Indian Tribe, including rights under 

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

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

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

25 terms and conditions as the Secretary determines to be 


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1 necessary and in accordance with applicable law, the Sec2 retary shall allow for the continued use of the covered land 

3 by members of Indian Tribes— 

4 (1) for traditional ceremonies; and 

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

6 materials. 

Æ 


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