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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dominguez-Escalante 
National Conservation Area and Dominguez Canyon Wil-
derness Area Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) certain areas located in Mesa, Montrose, 
and Delta Counties, Colorado, should be protected 
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and enhanced for the benefit and enjoyment of 
present and future generations; 
(2) the land that comprises the Dominguez- 
Escalante National Conservation Area established by 
section 4(a)(1)— 
(A) contains unique and valuable paleon-
tological, natural, and wildlife components, 
which are enhanced by the rural western setting 
of the area; 
(B) provides extensive opportunities for 
recreational activities, including along the na-
tionally renowned Tabeguache Trail; 
(C) is publicly used for hiking, bicycling, 
camping, and grazing; and 
(D) is worthy of additional protection as a 
national conservation area; and 
(3) the land that comprises the Dominguez 
Canyon Wilderness Area designated by section 
5(a)— 
(A) has wilderness value; and 
(B) 
offers 
unique 
geological, 
archae-
ological, paleontological, fish and wildlife, ripar-
ian, water, scientific, and recreational resources. 
(b) PURPOSE.—The purpose of this Act is to estab-
lish the Dominguez-Escalante National Conservation Area 
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and the Dominguez Canyon Wilderness Area in the State, 
to be administered as part of the National Landscape Con-
servation System to conserve and protect for the benefit 
and enjoyment of present and future generations— 
(1) the unique and nationally important values 
of certain public land in the Mesa, Montrose, and 
Delta Counties, Colorado (including the geological, 
cultural, archaeological, paleontological, natural, sci-
entific, recreational, environmental, biological, wil-
derness, wildlife, riparian, historical, educational, 
and scenic resources of the public land); and 
(2) the water resources of area streams, based 
on seasonally available flows, that are necessary to 
support aquatic, riparian, and terrestrial species and 
communities. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CONSERVATION
AREA.—The term ‘‘Con-
servation Area’’ means the Dominguez-Escalante 
National Conservation Area established by section 
4(a)(1). 
(2) COUNCIL.—The term ‘‘Council’’ means the 
Dominguez-Escalante National Conservation Area 
Advisory Council established under section 9. 
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(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan developed 
under section 8. 
(4) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Dominguez-Escalante National Conservation 
Area’’ and dated May 22, 2008. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management. 
(6) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
(7) WILDERNESS.—The term ‘‘Wilderness’’ 
means the Dominguez Canyon Wilderness Area des-
ignated by section 5(a). 
SEC. 4. DOMINGUEZ-ESCALANTE NATIONAL CONSERVA-
TION AREA. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—There is established the 
Dominguez-Escalante National Conservation Area in 
the State. 
(2) AREA INCLUDED.—The Conservation Area 
shall consist of approximately 210,677 acres of pub-
lic land, as generally depicted on the Map. 
(b) MANAGEMENT.— 
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(1) IN GENERAL.—The Secretary shall manage 
the Conservation Area— 
(A) as a component of the National Land-
scape Conservation System; 
(B) in a manner that conserves, protects, 
and enhances the resources of the Conservation 
Area described in section 2(b); and 
(C) in accordance with— 
(i) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); 
(ii) this Act; and 
(iii) any other applicable laws. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
allow only such uses of the Conservation Area 
as the Secretary determines would further the 
purposes for which the Conservation Area is es-
tablished. 
(B) USE OF MOTORIZED VEHICLES.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), use of motorized vehicles in 
the Conservation Area shall be allowed— 
(I) before the effective date of 
the management plan, only on roads 
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and trails designated for use of motor 
vehicles in the management plan that 
applies on the date of the enactment 
of this Act to the public land in the 
Conservation Area; and 
(II) after the effective date of the 
management plan, only on roads and 
trails designated in the management 
plan for the use of motor vehicles. 
(ii) 
ADMINISTRATIVE
AND
EMER-
GENCY
RESPONSE
USE.—Clause (i) shall 
not limit the use of motor vehicles in the 
Conservation Area for administrative pur-
poses or to respond to an emergency. 
SEC. 5. DOMINGUEZ CANYON WILDERNESS AREA. 
(a) IN GENERAL.—Approximately 66,280 acres of 
public land in Mesa, Montrose, and Delta Counties, Colo-
rado, as generally depicted on the Map, are designated as 
wilderness and as a component of the National Wilderness 
Preservation System, to be known as the ‘‘Dominguez 
Canyon Wilderness Area’’. 
(b) ADMINISTRATION OF WILDERNESS.—Subject to 
valid existing rights, land designated as wilderness by this 
Act shall be managed by the Secretary in accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, 
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except that any reference in the Wilderness Act to the ef-
fective date of the Wilderness Act shall be considered to 
be a reference to the date of enactment of this Act. 
SEC. 6. MAPS AND LEGAL DESCRIPTIONS. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall submit 
to Congress— 
(1) a copy of the Map; and 
(2) legal descriptions of the Conservation Area 
and the Wilderness. 
(b) FORCE AND EFFECT.—The Map and legal de-
scriptions submitted under subsection (a) shall have the 
same force and effect as if included in this Act, except 
that the Secretary may correct clerical and typographical 
errors in the Map and legal descriptions. 
(c) PUBLIC AVAILABILITY.—The Map and legal de-
scription of the Conservation Area shall be available for 
public inspection in the appropriate offices of the Bureau 
of Land Management. 
SEC. 7. MANAGEMENT OF CONSERVATION AREA AND WIL-
DERNESS. 
(a) WITHDRAWALS.—Subject to valid existing rights, 
all Federal land within the Conservation Area and the Wil-
derness and all land and interests in land acquired by the 
United States for the Conservation Area or the Wilderness 
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after the date of enactment of this Act is withdrawn 
from— 
(1) all forms of entry, appropriation, or disposal 
under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(b) GRAZING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall issue and administer 
any grazing leases or permits in the Conservation 
Area in accordance with the laws (including regula-
tions) and Executive orders applicable to the 
issuance and administration of leases and permits on 
other land under the jurisdiction of the Bureau of 
Land Management. 
(2) GRAZING IN WILDERNESS.—The grazing of 
livestock in areas of the Wilderness that are admin-
istered by the Bureau of Land Management and in 
which grazing is established as of the date of enact-
ment of this Act shall be allowed to continue— 
(A) subject to any reasonable regulations, 
policies, and practices that the Secretary deter-
mines to be necessary; and 
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(B) consistent with— 
(i) section 4(d)(4) of the Wilderness 
Act (16 U.S.C. 1133(d)(4)); and 
(ii) the guidelines set forth in Appen-
dix A of House Report 101–405. 
(c) NO BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this Act creates 
a protective perimeter or buffer zone around the 
Conservation Area. 
(2) 
ACTIVITIES
OUTSIDE
CONSERVATION 
AREA.—The fact that an activity or use on land out-
side the Conservation Area can be seen or heard 
within the Conservation Area shall not preclude the 
activity or use outside the boundary of the Conserva-
tion Area. 
(d) ACQUISITION OF LAND.— 
(1) IN GENERAL.—The Secretary may acquire 
non-Federal land within the boundaries of the Con-
servation Area or the Wilderness only through pur-
chase from a willing seller, exchange, or donation. 
(2) MANAGEMENT.—Land acquired under para-
graph (1) shall be managed as part of the Conserva-
tion Area or the Wilderness, as applicable, in accord-
ance with this Act. 
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(3) 
CERTAIN
CONSERVATION
AREA
EX-
CHANGES.— 
(A) IN GENERAL.—In order to protect and 
consolidate Federal land within the boundary of 
the Conservation Area and subject to subpara-
graph (B), the Secretary may enter into an 
agreement with any owner of private land with-
in the boundaries of the Conservation Area to 
exchange the private land for Federal land in 
the Conservation Area, if the Secretary deter-
mines that the exchange would enhance the val-
ues for which the Conservation Area is estab-
lished. 
(B) CONDITIONS.—An exchange of land 
under subparagraph (A) shall— 
(i) be carried out consistent with any 
applicable laws (including regulations), in-
cluding laws relating to appraisals and 
equal value exchanges; and 
(ii) be subject to— 
(I) valid existing rights; and 
(II) any terms and conditions 
that the Secretary may require. 
(e) FIRE, INSECT, INVASIVE SPECIES, AND DISEASE 
MANAGEMENT ACTIVITIES.—The Secretary may under-
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take such measures in the Conservation Area and Wilder-
ness as are necessary to control and prevent fire, insects, 
invasive species, and diseases, in accordance with section 
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
any other applicable laws (including regulations) and Ex-
ecutive orders. 
(f) INTERPRETIVE FACILITIES OR SITES.— 
(1) IN GENERAL.—The Secretary, in coopera-
tion with any other public or private entities as the 
Secretary determines to be appropriate, may estab-
lish minimal interpretive facilities or sites in or near 
the Conservation Area. 
(2) REQUIREMENTS.—Any facilities or sites es-
tablished under paragraph (1) shall be designed to 
protect the resources described in section 2(b). 
(g) PUBLIC ACCESS.—The Secretary shall continue 
to provide private landowners reasonable access to 
inholdings in the Conservation Area. 
(h) WATER RIGHTS.— 
(1) FINDINGS.—Congress finds that— 
(A) as of the date of enactment of this 
Act, no private conditional water rights are lo-
cated in the Wilderness; and 
(B) the boundaries of the Wilderness are 
drawn in a manner that does not include any 
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State on or before the date of the enactment of 
this Act. 
(3) EFFECT
ON
WATER
QUALITY
DESIGNA-
TIONS.—The designation of the Conservation Area 
and Wilderness by this Act shall not impose or cause 
to be imposed on any stream in, or upstream of, the 
Conservation Area or Wilderness any water quality 
designation that is more stringent than the water 
quality designation applicable to the stream in exist-
ence on the date of enactment of this Act. 
(4) WILDERNESS WATER RIGHTS.— 
(A) IN GENERAL.—The Secretary shall en-
sure that any water rights within the Wilder-
ness required to fulfill the purposes of the Wil-
derness are secured in accordance with sub-
paragraphs (B) through (G). 
(B) STATE LAW.— 
(i) PROCEDURAL
REQUIREMENTS.— 
Any water rights for which the Secretary 
pursues adjudication shall be appropriated, 
adjudicated, changed, and administered in 
accordance with the procedural require-
ments and priority system of State law. 
(ii) 
ESTABLISHMENT
OF
WATER 
RIGHTS.— 
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(I) IN GENERAL.—Except as pro-
vided in subclause (II), the purposes 
and other substantive characteristics 
of the water rights pursued under this 
paragraph shall be established in ac-
cordance with State law. 
(II) 
EXCEPTION.—Notwith-
standing subclause (I) and in accord-
ance with this Act, the Secretary may 
appropriate and seek adjudication of 
water rights to maintain surface water 
levels and stream flows on and across 
the Wilderness to fulfill the purposes 
of the Wilderness. 
(C) 
DEADLINE.—The 
Secretary 
shall 
promptly, but not earlier than January 2009, 
appropriate the water rights required to fulfill 
the purposes of the Wilderness. 
(D) 
REQUIRED
DETERMINATION.—The 
Secretary shall not pursue adjudication for any 
instream flow water rights unless the Secretary 
makes a determination pursuant to subpara-
graph (E)(ii) or (F). 
(E) COOPERATIVE ENFORCEMENT.— 
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(i) IN GENERAL.—The Secretary shall 
not pursue adjudication of any Federal 
instream flow water rights established 
under this paragraph if— 
(I) the Secretary determines, 
upon adjudication of the water rights 
by the Colorado Water Conservation 
Board, that the Board holds water 
rights sufficient in priority, amount, 
and timing to fulfill the purposes of 
this Act; and 
(II) the Secretary has entered 
into a perpetual agreement with the 
Colorado Water Conservation Board 
to ensure full exercise, protection, and 
enforcement of the State water rights 
within the Wilderness to reliably fulfill 
the purposes of this Act. 
(ii) ADJUDICATION.—If the Secretary 
determines that the provisions of clause (i) 
have not been met, the Secretary shall ad-
judicate and exercise any Federal water 
rights required to fulfill the purposes of 
the Wilderness in accordance with this 
paragraph. 
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(F) INSUFFICIENT WATER RIGHTS.—If the 
Colorado Water Conservation Board modifies 
the instream flow water rights obtained under 
subparagraph (E) to such a degree that the 
Secretary determines that water rights held by 
the State are insufficient to fulfill the purposes 
of this Act, the Secretary shall adjudicate and 
exercise Federal water rights required to fulfill 
the purposes of this Act in accordance with sub-
paragraph (B). 
(G) FAILURE TO COMPLY.—The Secretary 
shall promptly act to exercise and enforce the 
water rights described in subparagraph (E) if 
the Secretary determines that— 
(i) the State is not exercising its 
water rights consistent with subparagraph 
(E)(i)(I); or 
(ii) the agreement described in sub-
paragraph (E)(i)(II) is not fulfilled or com-
plied with sufficiently to fulfill the pur-
poses of this Act. 
(5) WATER RESOURCE FACILITY.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law and subject to subpara-
graph (B), beginning on the date of enactment 
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of this Act, neither the President nor any other 
officer, employee, or agent of the United States 
shall fund, assist, authorize, or issue a license 
or permit for development of any new irrigation 
and pumping facility, reservoir, water conserva-
tion work, aqueduct, canal, ditch, pipeline, well, 
hydropower project, transmission, other ancil-
lary facility, or other water, diversion, storage, 
or carriage structure in the Wilderness. 
(B) STOCK WATERING PONDS.—The Sec-
retary may allow construction of new livestock 
watering facilities within the Wilderness if the 
facilities— 
(i) would result in no impairment to 
the characteristics, values, and purposes of 
the Wilderness greater than that described 
in the Final Wilderness Environmental Im-
pact Statement for the Grand Junction 
Resource Area dated November 1989; and 
(ii) would provide for the protection 
and improved management of Wilderness 
resources. 
(6) CONSERVATION
AREA
WATER
RIGHTS.— 
With respect to water within the Conservation Area, 
nothing in this Act— 
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(A) authorizes any Federal agency to ap-
propriate or otherwise acquire any water right 
on the mainstem of the Gunnison River; or 
(B) prevents the State from appropriating 
or acquiring, or requires the State to appro-
priate or acquire, an instream flow water right 
on the mainstem of the Gunnison River. 
(7) WILDERNESS BOUNDARIES ALONG GUNNI-
SON RIVER.— 
(A) IN GENERAL.—In areas in which the 
Gunnison River is used as a reference for defin-
ing the boundary of the Wilderness, the bound-
ary shall— 
(i) be located at the edge of the river; 
and 
(ii) change according to the river 
level. 
(B) EXCLUSION FROM WILDERNESS.—Re-
gardless of the level of the Gunnison River, no 
portion of the Gunnison River is included in the 
Wilderness area. 
(i) HUNTING, TRAPPING, AND FISHING.—Nothing in 
this Act diminishes the jurisdiction of the State with re-
spect to fish and wildlife management, including regula-
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tion of hunting and fishing, on public land within the Con-
servation Area. 
(j) LITTLE DOMINGUEZ CREEK ACCESS.—Nothing in 
this Act affects— 
(1) the letter of agreement between the Bureau 
of Land Management and Mr. Billyie Rambo, dated 
September 28, 1988; or 
(2) the life estate described in the letter of 
agreement. 
SEC. 8. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall develop 
a comprehensive management plan for the long-range pro-
tection and management of the Conservation Area. 
(b) PURPOSES.—The management plan shall— 
(1) describe the appropriate uses and manage-
ment of the Conservation Area; 
(2) be developed with extensive public input; 
(3) take into consideration any information de-
veloped in studies of the land within the Conserva-
tion Area; and 
(4) include a comprehensive travel management 
plan. 
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SEC. 9. ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish an advisory council, to be known as the 
‘‘Dominguez-Escalante National Conservation Area Advi-
sory Council’’. 
(b) DUTIES.—The Council shall advise the Secretary 
with respect to the preparation and implementation of the 
management plan. 
(c) APPLICABLE LAW.—The Council shall be subject 
to— 
(1) the Federal Advisory Committee Act (5 
U.S.C. App.); and 
(2) the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.). 
(d) MEMBERS.—The Council shall include 10 mem-
bers to be appointed by the Secretary, of whom, to the 
extent practicable— 
(1) 1 member shall be appointed after consid-
ering the recommendations of the Mesa County 
Commission; 
(2) 1 member shall be appointed after consid-
ering the recommendations of the Montrose County 
Commission; 
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(3) 1 member shall be appointed after consid-
ering the recommendations of the Delta County 
Commission; 
(4) 1 member shall be appointed after consid-
ering the recommendations of the permittees holding 
grazing allotments within the Conservation Area or 
the Wilderness; and 
(5) 5 members shall reside in, or within reason-
able proximity to, Mesa County, Delta County, or 
Montrose County, Colorado, with backgrounds that 
reflect— 
(A) the purposes for which the Conserva-
tion Area or Wilderness was established; and 
(B) the interests of the stakeholders that 
are affected by the planning and management 
of the Conservation Area and Wilderness. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
Æ 
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