I 

111TH CONGRESS 

1ST SESSION H. R. 170 

To establish the Dominguez-Escalante National Conservation Area and the 

Dominguez Canyon Wilderness Area. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. SALAZAR introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish the Dominguez-Escalante National Conservation 

Area and the Dominguez Canyon Wilderness Area. 

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. 

4 This Act may be cited as the ‘‘Dominguez-Escalante 

5 National Conservation Area and Dominguez Canyon Wil6 derness Area Act’’. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) certain areas located in Mesa, Montrose, 

10 and Delta Counties, Colorado, should be protected 


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1 and enhanced for the benefit and enjoyment of 

2 present and future generations; 

3 (2) the land that comprises the Dominguez4 Escalante National Conservation Area established by 

5 section 4(a)(1)— 

6 (A) contains unique and valuable paleon7 tological, natural, and wildlife components, 

8 which are enhanced by the rural western setting 

9 of the area; 

10 (B) provides extensive opportunities for 

11 recreational activities, including along the na12 tionally renowned Tabeguache Trail; 

13 (C) is publicly used for hiking, bicycling, 

14 camping, and grazing; and 

15 (D) is worthy of additional protection as a 

16 national conservation area; and 

17 (3) the land that comprises the Dominguez 

18 Canyon Wilderness Area designated by section 

19 5(a)— 

20 (A) has wilderness value; and 

21 (B) offers unique geological, archae22 ological, paleontological, fish and wildlife, ripar23 ian, water, scientific, and recreational resources. 

24 (b) PURPOSE.—The purpose of this Act is to estab25 lish the Dominguez-Escalante National Conservation Area 


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1 and the Dominguez Canyon Wilderness Area in the State, 

2 to be administered as part of the National Landscape Con3 servation System to conserve and protect for the benefit 

4 and enjoyment of present and future generations— 

5 (1) the unique and nationally important values 

6 of certain public land in the Mesa, Montrose, and 

7 Delta Counties, Colorado (including the geological, 

8 cultural, archaeological, paleontological, natural, sci9 entific, recreational, environmental, biological, wil10 derness, wildlife, riparian, historical, educational, 

11 and scenic resources of the public land); and 

12 (2) the water resources of area streams, based 

13 on seasonally available flows, that are necessary to 

14 support aquatic, riparian, and terrestrial species and 

15 communities. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) CONSERVATION AREA.—The term ‘‘Con19 servation Area’’ means the Dominguez-Escalante 

20 National Conservation Area established by section 

21 4(a)(1). 

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

23 Dominguez-Escalante National Conservation Area 

24 Advisory Council established under section 9. 


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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan developed 

3 under section 8. 

4 (4) MAP.—The term ‘‘Map’’ means the map en5 titled ‘‘Dominguez-Escalante National Conservation 

6 Area’’ and dated May 22, 2008. 

7 (5) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior, acting through the Di9 rector of the Bureau of Land Management. 

10 (6) STATE.—The term ‘‘State’’ means the State 

11 of Colorado. 

12 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

13 means the Dominguez Canyon Wilderness Area des14 ignated by section 5(a). 

15 SEC. 4. DOMINGUEZ-ESCALANTE NATIONAL CONSERVA16 TION AREA. 

17 (a) ESTABLISHMENT.— 

18 (1) IN GENERAL.—There is established the 

19 Dominguez-Escalante National Conservation Area in 

20 the State. 

21 (2) AREA INCLUDED.—The Conservation Area 

22 shall consist of approximately 210,677 acres of pub23 lic land, as generally depicted on the Map. 

24 (b) MANAGEMENT.— 


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

2 the Conservation Area— 

3 (A) as a component of the National Land4 scape Conservation System; 

5 (B) in a manner that conserves, protects, 

6 and enhances the resources of the Conservation 

7 Area described in section 2(b); and 

8 (C) in accordance with— 

9 (i) the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1701 et 

11 seq.); 

12 (ii) this Act; and 

13 (iii) any other applicable laws. 

14 (2) USES.— 

15 (A) IN GENERAL.—The Secretary shall 

16 allow only such uses of the Conservation Area 

17 as the Secretary determines would further the 

18 purposes for which the Conservation Area is es19 tablished. 

20 (B) USE OF MOTORIZED VEHICLES.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii), use of motorized vehicles in 

23 the Conservation Area shall be allowed— 

24 (I) before the effective date of 

25 the management plan, only on roads 


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1 and trails designated for use of motor 

2 vehicles in the management plan that 

3 applies on the date of the enactment 

4 of this Act to the public land in the 

5 Conservation Area; and 

6 (II) after the effective date of the 

7 management plan, only on roads and 

8 trails designated in the management 

9 plan for the use of motor vehicles. 

10 (ii) ADMINISTRATIVE AND EMER11 GENCY RESPONSE USE.—Clause (i) shall 

12 not limit the use of motor vehicles in the 

13 Conservation Area for administrative pur14 poses or to respond to an emergency. 

15 SEC. 5. DOMINGUEZ CANYON WILDERNESS AREA. 

16 (a) IN GENERAL.—Approximately 66,280 acres of 

17 public land in Mesa, Montrose, and Delta Counties, Colo18 rado, as generally depicted on the Map, are designated as 

19 wilderness and as a component of the National Wilderness 

20 Preservation System, to be known as the ‘‘Dominguez 

21 Canyon Wilderness Area’’. 

22 (b) ADMINISTRATION OF WILDERNESS.—Subject to 

23 valid existing rights, land designated as wilderness by this 

24 Act shall be managed by the Secretary in accordance with 

25 the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, 


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1 except that any reference in the Wilderness Act to the ef2 fective date of the Wilderness Act shall be considered to 

3 be a reference to the date of enactment of this Act. 

4 SEC. 6. MAPS AND LEGAL DESCRIPTIONS. 

5 (a) IN GENERAL.—As soon as practicable after the 

6 date of enactment of this Act, the Secretary shall submit 

7 to Congress— 

8 (1) a copy of the Map; and 

9 (2) legal descriptions of the Conservation Area 

10 and the Wilderness. 

11 (b) FORCE AND EFFECT.—The Map and legal de12 scriptions submitted under subsection (a) shall have the 

13 same force and effect as if included in this Act, except 

14 that the Secretary may correct clerical and typographical 

15 errors in the Map and legal descriptions. 

16 (c) PUBLIC AVAILABILITY.—The Map and legal de17 scription of the Conservation Area shall be available for 

18 public inspection in the appropriate offices of the Bureau 

19 of Land Management. 

20 SEC. 7. MANAGEMENT OF CONSERVATION AREA AND WIL21 DERNESS. 

22 (a) WITHDRAWALS.—Subject to valid existing rights, 

23 all Federal land within the Conservation Area and the Wil24 derness and all land and interests in land acquired by the 

25 United States for the Conservation Area or the Wilderness 


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1 after the date of enactment of this Act is withdrawn 

2 from— 

3 (1) all forms of entry, appropriation, or disposal 

4 under the public land laws; 

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

6 laws; and 

7 (3) operation of the mineral leasing, mineral 

8 materials, and geothermal leasing laws. 

9 (b) GRAZING.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Secretary shall issue and administer 

12 any grazing leases or permits in the Conservation 

13 Area in accordance with the laws (including regula14 tions) and Executive orders applicable to the 

15 issuance and administration of leases and permits on 

16 other land under the jurisdiction of the Bureau of 

17 Land Management. 

18 (2) GRAZING IN WILDERNESS.—The grazing of 

19 livestock in areas of the Wilderness that are admin20 istered by the Bureau of Land Management and in 

21 which grazing is established as of the date of enact22 ment of this Act shall be allowed to continue— 

23 (A) subject to any reasonable regulations, 

24 policies, and practices that the Secretary deter25 mines to be necessary; and 


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1 (B) consistent with— 

2 (i) section 4(d)(4) of the Wilderness 

3 Act (16 U.S.C. 1133(d)(4)); and 

4 (ii) the guidelines set forth in Appen5 dix A of House Report 101–405. 

6 (c) NO BUFFER ZONES.— 

7 (1) IN GENERAL.—Nothing in this Act creates 

8 a protective perimeter or buffer zone around the 

9 Conservation Area. 

10 (2) ACTIVITIES OUTSIDE CONSERVATION

11 AREA.—The fact that an activity or use on land out12 side the Conservation Area can be seen or heard 

13 within the Conservation Area shall not preclude the 

14 activity or use outside the boundary of the Conserva15 tion Area. 

16 (d) ACQUISITION OF LAND.— 

17 (1) IN GENERAL.—The Secretary may acquire 

18 non-Federal land within the boundaries of the Con19 servation Area or the Wilderness only through pur20 chase from a willing seller, exchange, or donation. 

21 (2) MANAGEMENT.—Land acquired under para22 graph (1) shall be managed as part of the Conserva23 tion Area or the Wilderness, as applicable, in accord24 ance with this Act. 


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1 (3) CERTAIN CONSERVATION AREA EX2 CHANGES.— 

3 (A) IN GENERAL.—In order to protect and 

4 consolidate Federal land within the boundary of 

5 the Conservation Area and subject to subpara6 graph (B), the Secretary may enter into an 

7 agreement with any owner of private land with8 in the boundaries of the Conservation Area to 

9 exchange the private land for Federal land in 

10 the Conservation Area, if the Secretary deter11 mines that the exchange would enhance the val12 ues for which the Conservation Area is estab13 lished. 

14 (B) CONDITIONS.—An exchange of land 

15 under subparagraph (A) shall— 

16 (i) be carried out consistent with any 

17 applicable laws (including regulations), in18 cluding laws relating to appraisals and 

19 equal value exchanges; and 

20 (ii) be subject to— 

21 (I) valid existing rights; and 

22 (II) any terms and conditions 

23 that the Secretary may require. 

24 (e) FIRE, INSECT, INVASIVE SPECIES, AND DISEASE

25 MANAGEMENT ACTIVITIES.—The Secretary may underVerDate Nov 24 2008 03:11 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H170.IH H170

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1 take such measures in the Conservation Area and Wilder2 ness as are necessary to control and prevent fire, insects, 

3 invasive species, and diseases, in accordance with section 

4 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

5 any other applicable laws (including regulations) and Ex6 ecutive orders. 

7 (f) INTERPRETIVE FACILITIES OR SITES.— 

8 (1) IN GENERAL.—The Secretary, in coopera9 tion with any other public or private entities as the 

10 Secretary determines to be appropriate, may estab11 lish minimal interpretive facilities or sites in or near 

12 the Conservation Area. 

13 (2) REQUIREMENTS.—Any facilities or sites es14 tablished under paragraph (1) shall be designed to 

15 protect the resources described in section 2(b). 

16 (g) PUBLIC ACCESS.—The Secretary shall continue 

17 to provide private landowners reasonable access to 

18 inholdings in the Conservation Area. 

19 (h) WATER RIGHTS.— 

20 (1) FINDINGS.—Congress finds that— 

21 (A) as of the date of enactment of this 

22 Act, no private conditional water rights are lo23 cated in the Wilderness; and 

24 (B) the boundaries of the Wilderness are 

25 drawn in a manner that does not include any 


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1 portion of the Gunnison River in the Wilder2 ness. 

3 (2) EFFECT ON WATER RIGHTS.—Nothing in 

4 this Act— 

5 (A) affects the use or allocation, in exist6 ence on the date of enactment of this Act, of 

7 any water, water right, or interest in water; 

8 (B) affects any vested absolute or decreed 

9 conditional water right in existence on the date 

10 of enactment of this Act, including any water 

11 right held by the United States; 

12 (C) affects any interstate water compact in 

13 existence on the date of enactment of this Act; 

14 (D) authorizes or imposes any new re15 served Federal water rights; 

16 (E) unreasonably limits access for mainte17 nance, operation, modification, repair, or re18 placement of facilities that are— 

19 (i) in existence as of the date of en20 actment of this Act; and 

21 (ii) associated with any water rights 

22 referred to in subparagraph (A) or (B); or 

23 (F) shall be considered to be a relinquish24 ment or reduction of any water rights reserved 

25 or appropriated by the United States in the 


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1 State on or before the date of the enactment of 

2 this Act. 

3 (3) EFFECT ON WATER QUALITY DESIGNA4 TIONS.—The designation of the Conservation Area 

5 and Wilderness by this Act shall not impose or cause 

6 to be imposed on any stream in, or upstream of, the 

7 Conservation Area or Wilderness any water quality 

8 designation that is more stringent than the water 

9 quality designation applicable to the stream in exist10 ence on the date of enactment of this Act. 

11 (4) WILDERNESS WATER RIGHTS.— 

12 (A) IN GENERAL.—The Secretary shall en13 sure that any water rights within the Wilder14 ness required to fulfill the purposes of the Wil15 derness are secured in accordance with sub16 paragraphs (B) through (G). 

17 (B) STATE LAW.— 

18 (i) PROCEDURAL REQUIREMENTS.— 

19 Any water rights for which the Secretary 

20 pursues adjudication shall be appropriated, 

21 adjudicated, changed, and administered in 

22 accordance with the procedural require23 ments and priority system of State law. 

24 (ii) ESTABLISHMENT OF WATER

25 RIGHTS.— 


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1 (I) IN GENERAL.—Except as pro2 vided in subclause (II), the purposes 

3 and other substantive characteristics 

4 of the water rights pursued under this 

5 paragraph shall be established in ac6 cordance with State law. 

7 (II) EXCEPTION.—Notwith8 standing subclause (I) and in accord9 ance with this Act, the Secretary may 

10 appropriate and seek adjudication of 

11 water rights to maintain surface water 

12 levels and stream flows on and across 

13 the Wilderness to fulfill the purposes 

14 of the Wilderness. 

15 (C) DEADLINE.—The Secretary shall 

16 promptly, but not earlier than January 2009, 

17 appropriate the water rights required to fulfill 

18 the purposes of the Wilderness. 

19 (D) REQUIRED DETERMINATION.—The 

20 Secretary shall not pursue adjudication for any 

21 instream flow water rights unless the Secretary 

22 makes a determination pursuant to subpara23 graph (E)(ii) or (F). 

24 (E) COOPERATIVE ENFORCEMENT.— 


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1 (i) IN GENERAL.—The Secretary shall 

2 not pursue adjudication of any Federal 

3 instream flow water rights established 

4 under this paragraph if— 

5 (I) the Secretary determines, 

6 upon adjudication of the water rights 

7 by the Colorado Water Conservation 

8 Board, that the Board holds water 

9 rights sufficient in priority, amount, 

10 and timing to fulfill the purposes of 

11 this Act; and 

12 (II) the Secretary has entered 

13 into a perpetual agreement with the 

14 Colorado Water Conservation Board 

15 to ensure full exercise, protection, and 

16 enforcement of the State water rights 

17 within the Wilderness to reliably fulfill 

18 the purposes of this Act. 

19 (ii) ADJUDICATION.—If the Secretary 

20 determines that the provisions of clause (i) 

21 have not been met, the Secretary shall ad22 judicate and exercise any Federal water 

23 rights required to fulfill the purposes of 

24 the Wilderness in accordance with this 

25 paragraph. 


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1 (F) INSUFFICIENT WATER RIGHTS.—If the 

2 Colorado Water Conservation Board modifies 

3 the instream flow water rights obtained under 

4 subparagraph (E) to such a degree that the 

5 Secretary determines that water rights held by 

6 the State are insufficient to fulfill the purposes 

7 of this Act, the Secretary shall adjudicate and 

8 exercise Federal water rights required to fulfill 

9 the purposes of this Act in accordance with sub10 paragraph (B). 

11 (G) FAILURE TO COMPLY.—The Secretary 

12 shall promptly act to exercise and enforce the 

13 water rights described in subparagraph (E) if 

14 the Secretary determines that— 

15 (i) the State is not exercising its 

16 water rights consistent with subparagraph 

17 (E)(i)(I); or 

18 (ii) the agreement described in sub19 paragraph (E)(i)(II) is not fulfilled or com20 plied with sufficiently to fulfill the pur21 poses of this Act. 

22 (5) WATER RESOURCE FACILITY.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law and subject to subpara25 graph (B), beginning on the date of enactment 


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1 of this Act, neither the President nor any other 

2 officer, employee, or agent of the United States 

3 shall fund, assist, authorize, or issue a license 

4 or permit for development of any new irrigation 

5 and pumping facility, reservoir, water conserva6 tion work, aqueduct, canal, ditch, pipeline, well, 

7 hydropower project, transmission, other ancil8 lary facility, or other water, diversion, storage, 

9 or carriage structure in the Wilderness. 

10 (B) STOCK WATERING PONDS.—The Sec11 retary may allow construction of new livestock 

12 watering facilities within the Wilderness if the 

13 facilities— 

14 (i) would result in no impairment to 

15 the characteristics, values, and purposes of 

16 the Wilderness greater than that described 

17 in the Final Wilderness Environmental Im18 pact Statement for the Grand Junction 

19 Resource Area dated November 1989; and 

20 (ii) would provide for the protection 

21 and improved management of Wilderness 

22 resources. 

23 (6) CONSERVATION AREA WATER RIGHTS.— 

24 With respect to water within the Conservation Area, 

25 nothing in this Act— 


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1 (A) authorizes any Federal agency to ap2 propriate or otherwise acquire any water right 

3 on the mainstem of the Gunnison River; or 

4 (B) prevents the State from appropriating 

5 or acquiring, or requires the State to appro6 priate or acquire, an instream flow water right 

7 on the mainstem of the Gunnison River. 

8 (7) WILDERNESS BOUNDARIES ALONG GUNNI9 SON RIVER.— 

10 (A) IN GENERAL.—In areas in which the 

11 Gunnison River is used as a reference for defin12 ing the boundary of the Wilderness, the bound13 ary shall— 

14 (i) be located at the edge of the river; 

15 and 

16 (ii) change according to the river 

17 level. 

18 (B) EXCLUSION FROM WILDERNESS.—Re19 gardless of the level of the Gunnison River, no 

20 portion of the Gunnison River is included in the 

21 Wilderness area. 

22 (i) HUNTING, TRAPPING, AND FISHING.—Nothing in 

23 this Act diminishes the jurisdiction of the State with re24 spect to fish and wildlife management, including regulaVerDate Nov 24 2008 03:11 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H170.IH H170

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1 tion of hunting and fishing, on public land within the Con2 servation Area. 

3 (j) LITTLE DOMINGUEZ CREEK ACCESS.—Nothing in 

4 this Act affects— 

5 (1) the letter of agreement between the Bureau 

6 of Land Management and Mr. Billyie Rambo, dated 

7 September 28, 1988; or 

8 (2) the life estate described in the letter of 

9 agreement. 

10 SEC. 8. MANAGEMENT PLAN. 

11 (a) IN GENERAL.—Not later than 3 years after the 

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

13 a comprehensive management plan for the long-range pro14 tection and management of the Conservation Area. 

15 (b) PURPOSES.—The management plan shall— 

16 (1) describe the appropriate uses and manage17 ment of the Conservation Area; 

18 (2) be developed with extensive public input; 

19 (3) take into consideration any information de20 veloped in studies of the land within the Conserva21 tion Area; and 

22 (4) include a comprehensive travel management 

23 plan. 


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1 SEC. 9. ADVISORY COUNCIL. 

2 (a) ESTABLISHMENT.—Not later than 180 days after 

3 the date of enactment of this Act, the Secretary shall es4 tablish an advisory council, to be known as the 

5 ‘‘Dominguez-Escalante National Conservation Area Advi6 sory Council’’. 

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

8 with respect to the preparation and implementation of the 

9 management plan. 

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

11 to— 

12 (1) the Federal Advisory Committee Act (5 

13 U.S.C. App.); and 

14 (2) the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1701 et seq.). 

16 (d) MEMBERS.—The Council shall include 10 mem17 bers to be appointed by the Secretary, of whom, to the 

18 extent practicable— 

19 (1) 1 member shall be appointed after consid20 ering the recommendations of the Mesa County 

21 Commission; 

22 (2) 1 member shall be appointed after consid23 ering the recommendations of the Montrose County 

24 Commission; 


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1 (3) 1 member shall be appointed after consid2 ering the recommendations of the Delta County 

3 Commission; 

4 (4) 1 member shall be appointed after consid5 ering the recommendations of the permittees holding 

6 grazing allotments within the Conservation Area or 

7 the Wilderness; and 

8 (5) 5 members shall reside in, or within reason9 able proximity to, Mesa County, Delta County, or 

10 Montrose County, Colorado, with backgrounds that 

11 reflect— 

12 (A) the purposes for which the Conserva13 tion Area or Wilderness was established; and 

14 (B) the interests of the stakeholders that 

15 are affected by the planning and management 

16 of the Conservation Area and Wilderness. 

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

Æ 


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