II 

Calendar No. 997 

110TH CONGRESS 

2D SESSION S. 3065 

To establish the Dominguez-Escalante National Conservation Area and the 

Dominguez Canyon Wilderness Area. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2008 

Mr. SALAZAR introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


smartinez on PROD1PC64 with BILLS
2 

•S 3065 RS

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

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

4 and Delta Counties, Colorado, should be protected 

5 and enhanced for the benefit and enjoyment of 

6 present and future generations; 

7 (2) the land that comprises the Dominguez8 Escalante National Conservation Area established by 

9 section 4(a)(1)— 

10 (A) contains unique and valuable paleon11 tological, natural, and wildlife components, 

12 which are enhanced by the rural western setting 

13 of the area; 

14 (B) provides extensive opportunities for 

15 recreational activities, including along the na16 tionally renowned Tabeguache Trail; 

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

18 camping, and grazing; and 

19 (D) is worthy of additional protection as a 

20 national conservation area; and 

21 (3) the land that comprises the Dominguez 

22 Canyon Wilderness Area designated by section 

23 5(a)— 

24 (A) has wilderness value; and 


smartinez on PROD1PC64 with BILLS
3 

•S 3065 RS

1 (B) offers unique geological, archae2 ological, paleontological, fish and wildlife, ripar3 ian, water, scientific, and recreational resources. 

4 (b) PURPOSE.—The purpose of this Act is to estab5 lish the Dominguez-Escalante National Conservation Area 

6 and the Dominguez Canyon Wilderness Area in the State, 

7 to be administered as part of the National Landscape Con8 servation System to conserve and protect for the benefit 

9 and enjoyment of present and future generations— 

10 (1) the unique and nationally important values 

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

12 Delta Counties, Colorado (including the geological, 

13 cultural, archaeological, paleontological, natural, sci14 entific, recreational, environmental, biological, wil15 derness, wildlife, riparian, historical, educational, 

16 and scenic resources of the public land); and 

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

18 on seasonally available flows, that are necessary to 

19 support aquatic, riparian, and terrestrial species and 

20 communities. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) CONSERVATION AREA.—The term ‘‘Con24 servation Area’’ means the Dominguez-Escalante 


smartinez on PROD1PC64 with BILLS
4 

•S 3065 RS

1 National Conservation Area established by section 

2 4(a)(1). 

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

4 Dominguez-Escalante National Conservation Area 

5 Advisory Council established under section 9. 

6 (3) MANAGEMENT PLAN.—The term ‘‘manage7 ment plan’’ means the management plan developed 

8 under section 8. 

9 (4) MAP.—The term ‘‘Map’’ means the map en10 titled ‘‘Dominguez-Escalante National Conservation 

11 Area’’ and dated May 22, 2008. 

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

13 the Secretary of the Interior, acting through the Di14 rector of the Bureau of Land Management. 

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

16 of Colorado. 

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

18 means the Dominguez Canyon Wilderness Area des19 ignated by section 5(a). 

20 SEC. 4. DOMINGUEZ-ESCALANTE NATIONAL CONSERVA21 TION AREA. 

22 (a) ESTABLISHMENT.— 

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

24 Dominguez-Escalante National Conservation Area in 

25 the State. 


smartinez on PROD1PC64 with BILLS
5 

•S 3065 RS

1 (2) AREA INCLUDED.—The Conservation Area 

2 shall consist of approximately 210,677 acres of pub3 lic land, as generally depicted on the Map. 

4 (b) MANAGEMENT.— 

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

6 the Conservation Area— 

7 (A) as a component of the National Land8 scape Conservation System; 

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

10 and enhances the resources of the Conservation 

11 Area described in section 2(b); and 

12 (C) in accordance with— 

13 (i) the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1701 et 

15 seq.); 

16 (ii) this Act; and 

17 (iii) any other applicable laws. 

18 (2) USES.— 

19 (A) IN GENERAL.—The Secretary shall 

20 allow only such uses of the Conservation Area 

21 as the Secretary determines would further the 

22 purposes for which the Conservation Area is es23 tablished. 

24 (B) USE OF MOTORIZED VEHICLES.— 


smartinez on PROD1PC64 with BILLS
6 

•S 3065 RS

1 (i) IN GENERAL.—Except as provided 

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

3 the Conservation Area shall be allowed— 

4 (I) before the effective date of 

5 the management plan, only on roads 

6 and trails designated for use of motor 

7 vehicles in the management plan that 

8 applies on the date of the enactment 

9 of this Act to the public land in the 

10 Conservation Area; and 

11 (II) after the effective date of the 

12 management plan, only on roads and 

13 trails designated in the management 

14 plan for the use of motor vehicles. 

15 (ii) ADMINISTRATIVE AND EMER16 GENCY RESPONSE USE.—Clause (i) shall 

17 not limit the use of motor vehicles in the 

18 Conservation Area for administrative pur19 poses or to respond to an emergency. 

20 SEC. 5. DOMINGUEZ CANYON WILDERNESS AREA. 

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

22 public land in Mesa, Montrose, and Delta Counties, Colo23 rado, as generally depicted on the Map, are designated as 

24 wilderness and as a component of the National Wilderness 


smartinez on PROD1PC64 with BILLS
7 

•S 3065 RS

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

2 Canyon Wilderness Area’’. 

3 (b) ADMINISTRATION OF WILDERNESS.—Subject to 

4 valid existing rights, land designated as wilderness by this 

5 Act shall be managed by the Secretary in accordance with 

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

7 except that any reference in the Wilderness Act to the ef8 fective date of the Wilderness Act shall be considered to 

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

10 SEC. 6. MAPS AND LEGAL DESCRIPTIONS. 

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

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

13 to Congress— 

14 (1) a copy of the Map; and 

15 (2) legal descriptions of the Conservation Area 

16 and the Wilderness. 

17 (b) FORCE AND EFFECT.—The Map and legal de18 scriptions submitted under subsection (a) shall have the 

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

20 that the Secretary may correct clerical and typographical 

21 errors in the Map and legal descriptions. 

22 (c) PUBLIC AVAILABILITY.—The Map and legal de23 scription of the Conservation Area shall be available for 

24 public inspection in the appropriate offices of the Bureau 

25 of Land Management. 


smartinez on PROD1PC64 with BILLS
8 

•S 3065 RS

1 SEC. 7. MANAGEMENT OF CONSERVATION AREA AND WIL2 DERNESS. 

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

4 all Federal land within the Conservation Area and the Wil5 derness and all land and interests in land acquired by the 

6 United States for the Conservation Area or the Wilderness 

7 after the date of enactment of this Act is withdrawn 

8 from— 

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

10 under the public land laws; 

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

12 laws; and 

13 (3) operation of the mineral leasing, mineral 

14 materials, and geothermal leasing laws. 

15 (b) GRAZING.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary shall issue and administer 

18 any grazing leases or permits in the Conservation 

19 Area in accordance with the laws (including regula20 tions) and Executive orders applicable to the 

21 issuance and administration of leases and permits on 

22 other land under the jurisdiction of the Bureau of 

23 Land Management. 

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

25 livestock in areas of the Wilderness that are admin26 istered by the Bureau of Land Management and in 


smartinez on PROD1PC64 with BILLS
9 

•S 3065 RS

1 which grazing is established as of the date of enact2 ment of this Act shall be allowed to continue— 

3 (A) subject to any reasonable regulations, 

4 policies, and practices that the Secretary deter5 mines to be necessary; and 

6 (B) consistent with— 

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

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

9 (ii) the guidelines set forth in Appen10 dix A of House Report 101–405. 

11 (c) NO BUFFER ZONES.— 

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

13 a protective perimeter or buffer zone around the 

14 Conservation Area. 

15 (2) ACTIVITIES OUTSIDE CONSERVATION

16 AREA.—The fact that an activity or use on land out17 side the Conservation Area can be seen or heard 

18 within the Conservation Area shall not preclude the 

19 activity or use outside the boundary of the Conserva20 tion Area. 

21 (d) ACQUISITION OF LAND.— 

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

23 non-Federal land within the boundaries of the Con24 servation Area or the Wilderness only through pur25 chase from a willing seller, exchange, or donation. 


smartinez on PROD1PC64 with BILLS
10 

•S 3065 RS

1 (2) MANAGEMENT.—Land acquired under para2 graph (1) shall be managed as part of the Conserva3 tion Area or the Wilderness, as applicable, in accord4 ance with this Act. 

5 (3) CERTAIN CONSERVATION AREA EX6 CHANGES.— 

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

8 consolidate Federal land within the boundary of 

9 the Conservation Area and subject to subpara10 graph (B), the Secretary may enter into an 

11 agreement with any owner of private land with12 in the boundaries of the Conservation Area to 

13 exchange the private land for Federal land in 

14 the Conservation Area, if the Secretary deter15 mines that the exchange would enhance the val16 ues for which the Conservation Area is estab17 lished. 

18 (B) CONDITIONS.—An exchange of land 

19 under subparagraph (A) shall— 

20 (i) be carried out consistent with any 

21 applicable laws (including regulations), in22 cluding laws relating to appraisals and 

23 equal value exchanges; and 

24 (ii) be subject to— 

25 (I) valid existing rights; and 


smartinez on PROD1PC64 with BILLS
11 

•S 3065 RS

1 (II) any terms and conditions 

2 that the Secretary may require. 

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

4 MANAGEMENT ACTIVITIES.—The Secretary may under5 take such measures in the Conservation Area and Wilder6 ness as are necessary to control and prevent fire, insects, 

7 invasive species, and diseases, in accordance with section 

8 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

9 any other applicable laws (including regulations) and Ex10 ecutive orders. 

11 (f) INTERPRETIVE FACILITIES OR SITES.— 

12 (1) IN GENERAL.—The Secretary, in coopera13 tion with any other public or private entities as the 

14 Secretary determines to be appropriate, may estab15 lish minimal interpretive facilities or sites in or near 

16 the Conservation Area. 

17 (2) REQUIREMENTS.—Any facilities or sites es18 tablished under paragraph (1) shall be designed to 

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

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

21 to provide private landowners reasonable access to 

22 inholdings in the Conservation Area. 

23 (h) WATER RIGHTS.— 

24 (1) FINDINGS.—Congress finds that— 


smartinez on PROD1PC64 with BILLS
12 

•S 3065 RS

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

2 Act, no private conditional water rights are lo3 cated in the Wilderness; and 

4 (B) the boundaries of the Wilderness are 

5 drawn in a manner that does not include any 

6 portion of the Gunnison River in the Wilder7 ness. 

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

9 this Act— 

10 (A) affects the use or allocation, in exist11 ence on the date of enactment of this Act, of 

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

13 (B) affects any vested absolute or decreed 

14 conditional water right in existence on the date 

15 of enactment of this Act, including any water 

16 right held by the United States; 

17 (C) affects any interstate water compact in 

18 existence on the date of enactment of this Act; 

19 (D) authorizes or imposes any new re20 served Federal water rights; 

21 (E) unreasonably limits access for mainte22 nance, operation, modification, repair, or re23 placement of facilities that are— 

24 (i) in existence as of the date of en25 actment of this Act; and 


smartinez on PROD1PC64 with BILLS
13 

•S 3065 RS

1 (ii) associated with any water rights 

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

3 (F) shall be considered to be a relinquish4 ment or reduction of any water rights reserved 

5 or appropriated by the United States in the 

6 State on or before the date of the enactment of 

7 this Act. 

8 (3) EFFECT ON WATER QUALITY DESIGNA9 TIONS.—The designation of the Conservation Area 

10 and Wilderness by this Act shall not impose or cause 

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

12 Conservation Area or Wilderness any water quality 

13 designation that is more stringent than the water 

14 quality designation applicable to the stream in exist15 ence on the date of enactment of this Act. 

16 (4) WILDERNESS WATER RIGHTS.— 

17 (A) IN GENERAL.—The Secretary shall en18 sure that any water rights within the Wilder19 ness required to fulfill the purposes of the Wil20 derness are secured in accordance with sub21 paragraphs (B) through (G). 

22 (B) STATE LAW.— 

23 (i) PROCEDURAL REQUIREMENTS.— 

24 Any water rights for which the Secretary 

25 pursues adjudication shall be appropriated, 


smartinez on PROD1PC64 with BILLS
14 

•S 3065 RS

1 adjudicated, changed, and administered in 

2 accordance with the procedural require3 ments and priority system of State law. 

4 (ii) ESTABLISHMENT OF WATER

5 RIGHTS.— 

6 (I) IN GENERAL.—Except as pro7 vided in subclause (II), the purposes 

8 and other substantive characteristics 

9 of the water rights pursued under this 

10 paragraph shall be established in ac11 cordance with State law. 

12 (II) EXCEPTION.—Notwith13 standing subclause (I) and in accord14 ance with this Act, the Secretary may 

15 appropriate and seek adjudication of 

16 water rights to maintain surface water 

17 levels and stream flows on and across 

18 the Wilderness to fulfill the purposes 

19 of the Wilderness. 

20 (C) DEADLINE.—The Secretary shall 

21 promptly, but not earlier than January 2009, 

22 appropriate the water rights required to fulfill 

23 the purposes of the Wilderness. 

24 (D) REQUIRED DETERMINATION.—The 

25 Secretary shall not pursue adjudication for any 


smartinez on PROD1PC64 with BILLS
15 

•S 3065 RS

1 instream flow water rights unless the Secretary 

2 makes a determination pursuant to subpara3 graph (E)(ii) or (F). 

4 (E) COOPERATIVE ENFORCEMENT.— 

5 (i) IN GENERAL.—The Secretary shall 

6 not pursue adjudication of any Federal 

7 instream flow water rights established 

8 under this paragraph if— 

9 (I) the Secretary determines, 

10 upon adjudication of the water rights 

11 by the Colorado Water Conservation 

12 Board, that the Board holds water 

13 rights sufficient in priority, amount, 

14 and timing to fulfill the purposes of 

15 this Act; and 

16 (II) the Secretary has entered 

17 into a perpetual agreement with the 

18 Colorado Water Conservation Board 

19 to ensure full exercise, protection, and 

20 enforcement of the State water rights 

21 within the Wilderness to reliably fulfill 

22 the purposes of this Act. 

23 (ii) ADJUDICATION.—If the Secretary 

24 determines that the provisions of clause (i) 

25 have not been met, the Secretary shall adVerDate Aug 31 2005 00:05 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S3065.RS S3065

smartinez on PROD1PC64 with BILLS
16 

•S 3065 RS

1 judicate and exercise any Federal water 

2 rights required to fulfill the purposes of 

3 the Wilderness in accordance with this 

4 paragraph. 

5 (F) INSUFFICIENT WATER RIGHTS.—If the 

6 Colorado Water Conservation Board modifies 

7 the instream flow water rights obtained under 

8 subparagraph (E) to such a degree that the 

9 Secretary determines that water rights held by 

10 the State are insufficient to fulfill the purposes 

11 of this Act, the Secretary shall adjudicate and 

12 exercise Federal water rights required to fulfill 

13 the purposes of this Act in accordance with sub14 paragraph (B). 

15 (G) FAILURE TO COMPLY.—The Secretary 

16 shall promptly act to exercise and enforce the 

17 water rights described in subparagraph (E) if 

18 the Secretary determines that— 

19 (i) the State is not exercising its 

20 water rights consistent with subparagraph 

21 (E)(i)(I); or 

22 (ii) the agreement described in sub23 paragraph (E)(i)(II) is not fulfilled or com24 plied with sufficiently to fulfill the pur25 poses of this Act. 


smartinez on PROD1PC64 with BILLS
17 

•S 3065 RS

1 (5) WATER RESOURCE FACILITY.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other provision of law and subject to subpara4 graph (B), beginning on the date of enactment 

5 of this Act, neither the President nor any other 

6 officer, employee, or agent of the United States 

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

8 or permit for development of any new irrigation 

9 and pumping facility, reservoir, water conserva10 tion work, aqueduct, canal, ditch, pipeline, well, 

11 hydropower project, transmission, other ancil12 lary facility, or other water, diversion, storage, 

13 or carriage structure in the Wilderness. 

14 (B) STOCK WATERING PONDS.—The Sec15 retary may allow construction of new livestock 

16 watering facilities within the Wilderness if the 

17 facilities— 

18 (i) would result in no impairment to 

19 the characteristics, values, and purposes of 

20 the Wilderness greater than that described 

21 in the Final Wilderness Environmental Im22 pact Statement for the Grand Junction 

23 Resource Area dated November 1989; and 


smartinez on PROD1PC64 with BILLS
18 

•S 3065 RS

1 (ii) would provide for the protection 

2 and improved management of Wilderness 

3 resources. 

4 (6) CONSERVATION AREA WATER RIGHTS.— 

5 With respect to water within the Conservation Area, 

6 nothing in this Act— 

7 (A) authorizes any Federal agency to ap8 propriate or otherwise acquire any water right 

9 on the mainstem of the Gunnison River; or 

10 (B) prevents the State from appropriating 

11 or acquiring, or requires the State to appro12 priate or acquire, an instream flow water right 

13 on the mainstem of the Gunnison River. 

14 (7) WILDERNESS BOUNDARIES ALONG GUNNI15 SON RIVER.— 

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

17 Gunnison River is used as a reference for defin18 ing the boundary of the Wilderness, the bound19 ary shall— 

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

21 and 

22 (ii) change according to the river 

23 level. 

24 (B) EXCLUSION FROM WILDERNESS.—Re25 gardless of the level of the Gunnison River, no 


smartinez on PROD1PC64 with BILLS
19 

•S 3065 RS

1 portion of the Gunnison River is included in the 

2 Wilderness area. 

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

4 this Act diminishes the jurisdiction of the State with re5 spect to fish and wildlife management, including regula6 tion of hunting and fishing, on public land within the Con7 servation Area. 

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

9 this Act affects— 

10 (1) the letter of agreement between the Bureau 

11 of Land Management and Mr. Billyie Rambo, dated 

12 September 28, 1988; or 

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

14 agreement. 

15 SEC. 8. MANAGEMENT PLAN. 

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

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

18 a comprehensive management plan for the long-range pro19 tection and management of the Conservation Area. 

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

21 (1) describe the appropriate uses and manage22 ment of the Conservation Area; 

23 (2) be developed with extensive public input; 


smartinez on PROD1PC64 with BILLS
20 

•S 3065 RS

1 (3) take into consideration any information de2 veloped in studies of the land within the Conserva3 tion Area; and 

4 (4) include a comprehensive travel management 

5 plan. 

6 SEC. 9. ADVISORY COUNCIL. 

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

8 the date of enactment of this Act, the Secretary shall es9 tablish an advisory council, to be known as the 

10 ‘‘Dominguez-Escalante National Conservation Area Advi11 sory Council’’. 

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

13 with respect to the preparation and implementation of the 

14 management plan. 

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

16 to— 

17 (1) the Federal Advisory Committee Act (5 

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

19 (2) the Federal Land Policy and Management 

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

21 (d) MEMBERS.—The Council shall include 10 mem22 bers to be appointed by the Secretary, of whom, to the 

23 extent practicable— 


smartinez on PROD1PC64 with BILLS
21 

•S 3065 RS

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

3 Commission; 

4 (2) 1 member shall be appointed after consid5 ering the recommendations of the Montrose County 

6 Commission; 

7 (3) 1 member shall be appointed after consid8 ering the recommendations of the Delta County 

9 Commission; 

10 (4) 1 member shall be appointed after consid11 ering the recommendations of the permittees holding 

12 grazing allotments within the Conservation Area or 

13 the Wilderness; and 

14 (5) 5 members shall reside in, or within reason15 able proximity to, Mesa County, Delta County, or 

16 Montrose County, Colorado, with backgrounds that 

17 reflect— 

18 (A) the purposes for which the Conserva19 tion Area or Wilderness was established; and 

20 (B) the interests of the stakeholders that 

21 are affected by the planning and management 

22 of the Conservation Area and Wilderness. 

23 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated such sums 

25 as are necessary to carry out this Act. 


smartinez on PROD1PC64 with BILLS
22 

•S 3065 RS

1 SECTION 1. SHORT TITLE. 

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

3 National Conservation Area and Dominguez Canyon Wil4 derness Area Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) CONSERVATION AREA.—The term ‘‘Conserva8 tion Area’’ means the Dominguez-Escalante National 

9 Conservation Area established by section 3(a)(1). 

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

11 Dominguez-Escalante National Conservation Area 

12 Advisory Council established under section 8. 

13 (3) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan developed 

15 under section 7. 

16 (4) MAP.—The term ‘‘Map’’ means the map enti17 tled ‘‘Dominguez-Escalante National Conservation 

18 Area’’ and dated September 10, 2008. 

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

20 the Secretary of the Interior. 

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

22 of Colorado. 

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

24 means the Dominguez Canyon Wilderness Area des25 ignated by section 4(a). 


smartinez on PROD1PC64 with BILLS
23 

•S 3065 RS

1 SEC. 3. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION 

2 AREA. 

3 (a) ESTABLISHMENT.— 

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

5 Dominguez-Escalante National Conservation Area in 

6 the State. 

7 (2) AREA INCLUDED.—The Conservation Area 

8 shall consist of approximately 209,600 acres of public 

9 land, as generally depicted on the Map. 

10 (b) PURPOSES.—The purposes of the Conservation 

11 Area are to conserve and protect for the benefit and enjoy12 ment of present and future generations— 

13 (1) the unique and important resources and val14 ues of the land, including the geological, cultural, ar15 chaeological, paleontological, natural, scientific, rec16 reational, wilderness, wildlife, riparian, historical, 

17 educational, and scenic resources of the public land; 

18 and 

19 (2) the water resources of area streams, based on 

20 seasonally available flows, that are necessary to sup21 port aquatic, riparian, and terrestrial species and 

22 communities. 

23 (c) MANAGEMENT.— 

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

25 the Conservation Area— 


smartinez on PROD1PC64 with BILLS
24 

•S 3065 RS

1 (A) as a component of the National Land2 scape Conservation System; 

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

4 and enhances the resources and values of the 

5 Conservation Area described in subsection (b); 

6 and 

7 (C) in accordance with— 

8 (i) the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1701 et 

10 seq.); 

11 (ii) this Act; and 

12 (iii) any other applicable laws. 

13 (2) USES.— 

14 (A) IN GENERAL.—The Secretary shall 

15 allow only such uses of the Conservation Area as 

16 the Secretary determines would further the pur17 poses for which the Conservation Area is estab18 lished. 

19 (B) USE OF MOTORIZED VEHICLES.— 

20 (i) IN GENERAL.—Except as provided 

21 in clauses (ii) and (iii), use of motorized ve22 hicles in the Conservation Area shall be al23 lowed— 

24 (I) before the effective date of the 

25 management plan, only on roads and 


smartinez on PROD1PC64 with BILLS
25 

•S 3065 RS

1 trails designated for use of motor vehi2 cles in the management plan that ap3 plies on the date of the enactment of 

4 this Act to the public land in the Con5 servation 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 EMERGENCY

11 RESPONSE USE.—Clause (i) shall not limit 

12 the use of motor vehicles in the Conservation 

13 Area for administrative purposes or to re14 spond to an emergency. 

15 (iii) LIMITATION.—This subparagraph 

16 shall not apply to the Wilderness. 

17 SEC. 4. DOMINGUEZ CANYON WILDERNESS AREA. 

18 (a) IN GENERAL.—In accordance with the Wilderness 

19 Act (16 U.S.C. 1131 et seq.), the approximately 66,280 

20 acres of public land in Mesa, Montrose, and Delta Counties, 

21 Colorado, as generally depicted on the Map, is designated 

22 as wilderness and as a component of the National Wilder23 ness Preservation System, to be known as the ‘‘Dominguez 

24 Canyon Wilderness Area’’. 


smartinez on PROD1PC64 with BILLS
26 

•S 3065 RS

1 (b) ADMINISTRATION OF WILDERNESS.—The Wilder2 ness shall be managed by the Secretary in accordance with 

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

4 except that— 

5 (1) any reference in the Wilderness Act to the ef6 fective date of that Act shall be considered to be a ref7 erence to the date of enactment of this Act; and 

8 (2) any reference in the Wilderness Act to the 

9 Secretary of Agriculture shall be considered to be a 

10 reference to the Secretary of the Interior. 

11 SEC. 5. MAPS AND LEGAL DESCRIPTIONS. 

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

13 date of enactment of this Act, the Secretary shall file a map 

14 and a legal description of the Conservation Area and the 

15 Wilderness with— 

16 (1) the Committee on Energy and Natural Re17 sources of the Senate; and 

18 (2) the Committee on Natural Resources of the 

19 House of Representatives. 

20 (b) FORCE AND EFFECT.—The Map and legal descrip21 tions filed under subsection (a) shall have the same force 

22 and effect as if included in this Act, except that the Sec23 retary may correct clerical and typographical errors in the 

24 Map and legal descriptions. 


smartinez on PROD1PC64 with BILLS
27 

•S 3065 RS

1 (c) PUBLIC AVAILABILITY.—The Map and legal de2 scriptions filed under subsection (a) shall be available for 

3 public inspection in the appropriate offices of the Bureau 

4 of Land Management. 

5 SEC. 6. MANAGEMENT OF CONSERVATION AREA AND WIL6 DERNESS. 

7 (a) WITHDRAWAL.—Subject to valid existing rights, all 

8 Federal land within the Conservation Area and the Wilder9 ness and all land and interests in land acquired by the 

10 United States within the Conservation Area or the Wilder11 ness is withdrawn from— 

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

13 under the public land laws; 

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

15 laws; and 

16 (3) operation of the mineral leasing, mineral 

17 materials, and geothermal leasing laws. 

18 (b) GRAZING.— 

19 (1) GRAZING IN CONSERVATION AREA.—Except 

20 as provided in paragraph (2), the Secretary shall 

21 issue and administer any grazing leases or permits in 

22 the Conservation Area in accordance with the laws 

23 (including regulations) applicable to the issuance and 

24 administration of such leases and permits on other 


smartinez on PROD1PC64 with BILLS
28 

•S 3065 RS

1 land under the jurisdiction of the Bureau of Land 

2 Management. 

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

4 livestock in the Wilderness, if established as of the 

5 date of enactment of this Act, shall be permitted to 

6 continue— 

7 (A) subject to any reasonable regulations, 

8 policies, and practices that the Secretary deter9 mines to be necessary; and 

10 (B) in accordance with— 

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

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

13 (ii) the guidelines set forth in Appen14 dix A of the report of the Committee on In15 terior and Insular Affairs of the House of 

16 Representatives accompanying H.R. 2570 of 

17 the 101st Congress (H. Rept. 101–405). 

18 (c) NO BUFFER ZONES.— 

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

20 protective perimeter or buffer zone around the Con21 servation Area. 

22 (2) ACTIVITIES OUTSIDE CONSERVATION AREA.— 

23 The fact that an activity or use on land outside the 

24 Conservation Area can be seen or heard within the 


smartinez on PROD1PC64 with BILLS
29 

•S 3065 RS

1 Conservation Area shall not preclude the activity or 

2 use outside the boundary of the Conservation Area. 

3 (d) ACQUISITION OF LAND.— 

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

5 non-Federal land within the boundaries of the Con6 servation Area or the Wilderness only through ex7 change, donation, or purchase from a willing seller,. 

8 (2) MANAGEMENT.—Land acquired under para9 graph (1) shall— 

10 (A) become part of the Conservation Area 

11 and, if applicable, the Wilderness; and 

12 (B) be managed in accordance with this Act 

13 and any other applicable laws. 

14 (e) FIRE, INSECTS, AND DISEASES.—Subject to such 

15 terms and conditions as the Secretary determines to be de16 sirable and appropriate, the Secretary may undertake such 

17 measures as are necessary to control fire, insects, and dis18 eases— 

19 (1) in the Wilderness, in accordance with section 

20 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); 

21 and 

22 (2) except as provided in paragraph (1), in the 

23 Conservation Area in accordance with this Act and 

24 any other applicable laws. 


smartinez on PROD1PC64 with BILLS
30 

•S 3065 RS

1 (f) ACCESS.—The Secretary shall continue to provide 

2 private landowners adequate access to inholdings in the 

3 Conservation Area. 

4 (g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In ac5 cordance with any applicable laws and subject to such 

6 terms and conditions as the Secretary determines to be de7 sirable and appropriate, the Secretary may prescribe meas8 ures to control nonnative invasive plants and noxious weeds 

9 within the Conservation Area. 

10 (h) WATER RIGHTS.— 

11 (1) EFFECT.—Nothing in this Act— 

12 (A) affects the use or allocation, in existence 

13 on the date of enactment of this Act, of any 

14 water, water right, or interest in water; 

15 (B) affects any vested absolute or decreed 

16 conditional water right in existence on the date 

17 of enactment of this Act, including any water 

18 right held by the United States; 

19 (C) affects any interstate water compact in 

20 existence on the date of enactment of this Act; 

21 (D) authorizes or imposes any new reserved 

22 Federal water rights; or 

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

25 or appropriated by the United States in the 


smartinez on PROD1PC64 with BILLS
31 

•S 3065 RS

1 State on or before the date of enactment of this 

2 Act. 

3 (2) WILDERNESS WATER RIGHTS.— 

4 (A) IN GENERAL.—The Secretary shall en5 sure that any water rights within the Wilderness 

6 required to fulfill the purposes of the Wilderness 

7 are secured in accordance with subparagraphs 

8 (B) through (G). 

9 (B) STATE LAW.— 

10 (i) PROCEDURAL REQUIREMENTS.— 

11 Any water rights within the Wilderness for 

12 which the Secretary pursues adjudication 

13 shall be adjudicated, changed, and adminis14 tered in accordance with the procedural re15 quirements and priority system of State 

16 law. 

17 (ii) ESTABLISHMENT OF WATER

18 RIGHTS.— 

19 (I) IN GENERAL.—Except as pro20 vided in subclause (II), the purposes 

21 and other substantive characteristics of 

22 the water rights pursued under this 

23 paragraph shall be established in ac24 cordance with State law. 


smartinez on PROD1PC64 with BILLS
32 

•S 3065 RS

1 (II) EXCEPTION.—Notwith2 standing subclause (I) and in accord3 ance with this Act, the Secretary may 

4 appropriate and seek adjudication of 

5 water rights to maintain surface water 

6 levels and stream flows on and across 

7 the Wilderness to fulfill the purposes of 

8 the Wilderness. 

9 (C) DEADLINE.—The Secretary shall 

10 promptly, but not earlier than January 2009, 

11 appropriate the water rights required to fulfill 

12 the purposes of the Wilderness. 

13 (D) REQUIRED DETERMINATION.—The Sec14 retary shall not pursue adjudication for any 

15 instream flow water rights unless the Secretary 

16 makes a determination pursuant to subpara17 graph (E)(ii) or (F). 

18 (E) COOPERATIVE ENFORCEMENT.— 

19 (i) IN GENERAL.—The Secretary shall 

20 not pursue adjudication of any Federal 

21 instream flow water rights established under 

22 this paragraph if— 

23 (I) the Secretary determines, upon 

24 adjudication of the water rights by the 

25 Colorado Water Conservation Board, 


smartinez on PROD1PC64 with BILLS
33 

•S 3065 RS

1 that the Board holds water rights suffi2 cient in priority, amount, and timing 

3 to fulfill the purposes of the Wilderness; 

4 and 

5 (II) the Secretary has entered into 

6 a perpetual agreement with the Colo7 rado Water Conservation Board to en8 sure the full exercise, protection, and 

9 enforcement of the State water rights 

10 within the Wilderness to reliably fulfill 

11 the purposes of the Wilderness. 

12 (ii) ADJUDICATION.—If the Secretary 

13 determines that the provisions of clause (i) 

14 have not been met, the Secretary shall adju15 dicate and exercise any Federal water rights 

16 required to fulfill the purposes of the Wil17 derness in accordance with this paragraph. 

18 (F) INSUFFICIENT WATER RIGHTS.—If the 

19 Colorado Water Conservation Board modifies the 

20 instream flow water rights obtained under sub21 paragraph (E) to such a degree that the Sec22 retary determines that water rights held by the 

23 State are insufficient to fulfill the purposes of the 

24 Wilderness, the Secretary shall adjudicate and 

25 exercise Federal water rights required to fulfill 


smartinez on PROD1PC64 with BILLS
34 

•S 3065 RS

1 the purposes of the Wilderness in accordance 

2 with subparagraph (B). 

3 (G) FAILURE TO COMPLY.—The Secretary 

4 shall promptly act to exercise and enforce the 

5 water rights described in subparagraph (E) if 

6 the Secretary determines that— 

7 (i) the State is not exercising its water 

8 rights consistent with subparagraph 

9 (E)(i)(I); or 

10 (ii) the agreement described in sub11 paragraph (E)(i)(II) is not fulfilled or com12 plied with sufficiently to fulfill the purposes 

13 of the Wilderness. 

14 (3) WATER RESOURCE FACILITY.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other provision of law and subject to subpara17 graph (B), beginning on the date of enactment of 

18 this Act, neither the President nor any other offi19 cer, employee, or agent of the United States shall 

20 fund, assist, authorize, or issue a license or per21 mit for the development of any new irrigation 

22 and pumping facility, reservoir, water conserva23 tion work, aqueduct, canal, ditch, pipeline, well, 

24 hydropower project, transmission, other ancillary 


smartinez on PROD1PC64 with BILLS
35 

•S 3065 RS

1 facility, or other water, diversion, storage, or 

2 carriage structure in the Wilderness. 

3 (B) EXCEPTION.—Notwithstanding sub4 paragraph (A), the Secretary may allow con5 struction of new livestock watering facilities 

6 within the Wilderness in accordance with— 

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

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

9 (ii) the guidelines set forth in Appen10 dix A of the report of the Committee on In11 terior and Insular Affairs of the House of 

12 Representatives accompanying H.R. 2570 of 

13 the 101st Congress (H. Rept. 101–405). 

14 (4) CONSERVATION AREA WATER RIGHTS.—With 

15 respect to water within the Conservation Area, noth16 ing in this Act— 

17 (A) authorizes any Federal agency to ap18 propriate or otherwise acquire any water right 

19 on the mainstem of the Gunnison River; or 

20 (B) prevents the State from appropriating 

21 or acquiring, or requires the State to appro22 priate or acquire, an instream flow water right 

23 on the mainstem of the Gunnison River. 

24 (5) WILDERNESS BOUNDARIES ALONG GUNNISON

25 RIVER.— 


smartinez on PROD1PC64 with BILLS
36 

•S 3065 RS

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

2 Gunnison River is used as a reference for defin3 ing the boundary of the Wilderness, the boundary 

4 shall— 

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

6 and 

7 (ii) change according to the river level. 

8 (B) EXCLUSION FROM WILDERNESS.—Re9 gardless of the level of the Gunnison River, no 

10 portion of the Gunnison River is included in the 

11 Wilderness. 

12 (i) EFFECT.—Nothing in this Act— 

13 (1) diminishes the jurisdiction of the State with 

14 respect to fish and wildlife in the State; or 

15 (2) imposes any Federal water quality standard 

16 upstream of the Conservation Area or within the 

17 mainstem of the Gunnison River that is more restric18 tive than would be applicable had the Conservation 

19 Area not been established. 

20 (j) VALID EXISTING RIGHTS.—The designation of the 

21 Conservation Area and Wilderness is subject to valid rights 

22 in existence on the date of enactment of this Act. 

23 SEC. 7. MANAGEMENT PLAN. 

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

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


smartinez on PROD1PC64 with BILLS
37 

•S 3065 RS

1 a comprehensive management plan for the long-term protec2 tion and management of the Conservation Area. 

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

4 (1) describe the appropriate uses and manage5 ment of the Conservation Area; 

6 (2) be developed with extensive public input; 

7 (3) take into consideration any information de8 veloped in studies of the land within the Conservation 

9 Area; and 

10 (4) include a comprehensive travel management 

11 plan. 

12 SEC. 8. ADVISORY COUNCIL. 

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

14 the date of enactment of this Act, the Secretary shall estab15 lish an advisory council, to be known as the ‘‘Dominguez16 Escalante National Conservation Area Advisory Council’’. 

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

18 with respect to the preparation and implementation of the 

19 management plan. 

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

21 to— 

22 (1) the Federal Advisory Committee Act (5 

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

24 (2) the Federal Land Policy and Management 

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


smartinez on PROD1PC64 with BILLS
38 

•S 3065 RS

1 (d) MEMBERS.—The Council shall include 10 members 

2 to be appointed by the Secretary, of whom, to the extent 

3 practicable— 

4 (1) 1 member shall be appointed after consid5 ering the recommendations of the Mesa County Com6 mission; 

7 (2) 1 member shall be appointed after consid8 ering the recommendations of the Montrose County 

9 Commission; 

10 (3) 1 member shall be appointed after consid11 ering the recommendations of the Delta County Com12 mission; 

13 (4) 1 member shall be appointed after consid14 ering the recommendations of the permittees holding 

15 grazing allotments within the Conservation Area or 

16 the Wilderness; and 

17 (5) 5 members shall reside in, or within reason18 able proximity to, Mesa County, Delta County, or 

19 Montrose County, Colorado, with backgrounds that re20 flect— 

21 (A) the purposes for which the Conservation 

22 Area or Wilderness was established; and 

23 (B) the interests of the stakeholders that are 

24 affected by the planning and management of the 

25 Conservation Area and Wilderness. 


smartinez on PROD1PC64 with BILLS
39 

•S 3065 RS

1 (e) REPRESENTATION.—The Secretary shall ensure 

2 that the membership of the Council is fairly balanced in 

3 terms of the points of view represented and the functions 

4 to be performed by the Council. 

5 (f) DURATION.—The Council shall terminate on the 

6 date that is 1 year from the date on which the management 

7 plan is adopted by the Secretary. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums as 

10 are necessary to carry out this Act. 


smartinez on PROD1PC64 with BILLS
Calendar No. 997 

110TH CONGRESS 

2D SESSION S. 3065 

A BILL 

To establish the Dominguez-Escalante National 

Wilderness Area. Conservation Area and the Dominguez Canyon 

SEPTEMBER 16, 2008 

Reported with an amendment 


smartinez on PROD1PC64 with BILLS