Summary
# DOLORES RIVER NATIONAL CONSERVATION AREA AND SPECIAL MANAGEMENT AREA ACT
## WHAT THIS BILL DOES
This bill creates two protected areas along the Dolores River in Colorado. It establishes a National Conservation Area of about 52,872 acres managed by the Interior Department and a Special Management Area of about 15,452 acres managed by the Agriculture Department. The bill protects water rights and allows existing water projects to continue operating while managing the land to preserve fish, recreation, and scenic resources.
## WHO IT AFFECTS
- The Interior Department and Agriculture Department (government agencies managing the land)
- Water users and the Dolores Water Conservancy District
- Residents of Dolores, San Miguel, and Montezuma counties in Colorado
- Recreational users including whitewater boaters and hunters
- The Ute Mountain Ute Tribe and other Indian Tribes
- Private landowners near or within the protected areas
- Cattle ranchers with grazing permits
## KEY PROVISIONS
- The government establishes a National Conservation Area of approximately 52,872 acres managed to conserve native fish, whitewater boating, hunting, fishing, and scenic resources. (Sec. 101)
- A Special Management Area of approximately 15,452 acres in the San Juan National Forest is designated with the same conservation purposes. (Sec. 201)
- Both the Interior Secretary (for the Conservation Area) and Agriculture Secretary (for the Special Management Area) must create management plans within 3 years of the bill becoming law. (Sec. 102 and 202)
- An Advisory Council of 14 members including county representatives, water users, conservation groups, and tribal representatives must meet quarterly until the management plan is complete, then meet as called by the Secretary. (Sec. 103)
- The government cannot assist in building new dams or water projects on the protected land that would affect free-flowing streams or harm the river's native fish and recreational values. (Sec. 402)
- All existing water rights, water contracts, and the Dolores Project water system continue unchanged with no new federal streamflow requirements imposed. (Sec. 402)
## WHAT CHANGES
The 52,872 acres of Bureau of Land Management land and 15,452 acres of National Forest System land along the Dolores River become protected conservation and special management areas. No new permanent roads can be built on this land except for administrative purposes, emergencies, or reasonable access to private property. The government stops issuing new mining claims and mineral leases on the protected land (with limited exceptions for existing uranium leases). Motorized vehicles are only allowed on designated routes. Private landowners keep their property rights, local zoning laws do not change, and existing county roads are unaffected. Cattle grazing continues under the same rules as before.
## IMPORTANT DEFINITIONS
- **Conservation Area**: The Dolores River National Conservation Area established by this bill in Colorado.
- **Special Management Area**: The Dolores River Special Management Area established in the San Juan National Forest.
- **Covered Land**: Both the Conservation Area and Special Management Area together.
- **Dolores Project**: A water system defined in the Colorado Ute Indian Water Rights Settlement Act of 1988, including McPhee Reservoir and related water infrastructure.
- **Secretary**: The Interior Secretary for the Conservation Area and the Agriculture Secretary for the Special Management Area.
- **Water Resource Project**: Any dam, irrigation facility, reservoir, canal, pipeline, well, hydropower facility, or similar water structure.
- **Unreasonably Diminish**: Has the same meaning as used in the Wild and Scenic Rivers Act relating to harm to river resources.
## EFFECTIVE DATE
Not specified in bill text
II
★(Star Print)
Calendar No. 392
118TH CONGRESS
2D SESSION
S. 636
[Report No. 118–176]
To establish the Dolores River National Conservation Area and the Dolores
River Special Management Area in the State of Colorado, to protect
private water rights in the State, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 2, 2023
Mr. BENNET (for himself and Mr. HICKENLOOPER) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
MAY 16, 2024
Reported by Mr. MANCHIN, with amendments
[Omit the parts struck through and insert the parts printed in italic]
A BILL
To establish the Dolores River National Conservation Area
and the Dolores River Special Management Area in the
State of Colorado, to protect private water rights in
the State, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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S 636 RS1S
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
(a) SHORT TITLE.—This Act may be cited as the
2
‘‘Dolores River National Conservation Area and Special
3
Management Area Act’’.
4
(b) TABLE OF CONTENTS.—The table of contents for
5
this Act is as follows:
6
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—DOLORES RIVER NATIONAL CONSERVATION AREA
Sec. 101. Establishment of Dolores River National Conservation Area.
Sec. 102. Management of Conservation Area.
Sec. 103. Dolores River National Conservation Area Advisory Council.
TITLE II—DOLORES RIVER SPECIAL MANAGEMENT AREA
Sec. 201. Designation of Dolores River Special Management Area.
Sec. 202. Management of Special Management Area.
TITLE III—TECHNICAL MODIFICATIONS TO POTENTIAL
ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM
Sec. 301. Purpose.
Sec. 302. Release of designated segments from Dolores River congressional
study area.
Sec. 303. Applicability of continuing consideration provision.
TITLE IV—GENERAL PROVISIONS
Sec. 401. Management of covered land.
Sec. 402. Protection of water rights and other interests.
Sec. 403. Effect on private property and regulatory authority.
Sec. 404. Tribal rights and traditional uses.
SEC. 2. DEFINITIONS.
7
In this Act:
8
(1) CONSERVATION
AREA.—The term ‘‘Con-
9
servation Area’’ means the Dolores River National
10
Conservation Area established by section 101(a).
11
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S 636 RS1S
(2) COUNCIL.—The term ‘‘Council’’ means the
1
Dolores River National Conservation Area Advisory
2
Council established under section 103(a).
3
(3) COVERED LAND.—The term ‘‘covered land’’
4
means—
5
(A) the Conservation Area; and
6
(B) the Special Management Area.
7
(4) DOLORES
PROJECT.—The term ‘‘Dolores
8
Project’’ has the meaning given the term in section
9
3 of the Colorado Ute Indian Water Rights Settle-
10
ment Act of 1988 (Public Law 100–585; 102 Stat.
11
2974).
12
(5) MAP.—The term ‘‘Map’’ means the map
13
prepared by the Bureau of Land Management enti-
14
tled ‘‘Proposed Dolores River National Conservation
15
Area and Special Management Area’’ and dated De-
16
cember 14, 2022.
17
(6)
SECRETARY.—The
term
‘‘Secretary’’
18
means—
19
(A) in title I, the Secretary of the Interior;
20
(B) in title II, the Secretary of Agri-
21
culture; and
22
(C) in title IV—
23
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(i) the Secretary of the Interior, with
1
respect to land under the jurisdiction of
2
the Secretary of the Interior; and
3
(ii) the Secretary of Agriculture, with
4
respect to land under the jurisdiction of
5
the Secretary of Agriculture.
6
(7) SPECIAL
MANAGEMENT
AREA.—The term
7
‘‘Special Management Area’’ means the Dolores
8
River Special Management Area established by sec-
9
tion 201(a).
10
(8) STATE.—The term ‘‘State’’ means the State
11
of Colorado.
12
(9) UNREASONABLY DIMINISH.—The term ‘‘un-
13
reasonably diminish’’ is within the meaning of the
14
term used in section 7(a) of the Wild and Scenic
15
Rivers Act (16 U.S.C. 1278(a)) and has the mean-
16
ing of the term as applied in appendix D of the
17
Technical Report of the Interagency Wild and Scenic
18
Rivers Coordinating Council entitled ‘‘Wild & Scenic
19
Rivers: Section 7’’ and dated October 2004.
20
(9) UNREASONABLY DIMINISH.—The term ‘‘un-
21
reasonably diminish’’ has the same meaning as used
22
in section 7(a) of the Wild and Scenic Rivers Act (16
23
U.S.C. 1278(a)).
24
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(10) WATER RESOURCE PROJECT.—The term
1
‘‘water resource project’’ means any dam, irrigation
2
and pumping facility, reservoir, water conservation
3
work, aqueduct, canal, ditch, pipeline, well, hydro-
4
power project, and transmission and other ancillary
5
facility, and other water diversion, storage, and car-
6
riage structure.
7
TITLE I—DOLORES RIVER NA-
8
TIONAL CONSERVATION AREA
9
SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL
10
CONSERVATION AREA.
11
(a) ESTABLISHMENT.—
12
(1) IN
GENERAL.—Subject to valid existing
13
rights, there is established the Dolores River Na-
14
tional Conservation Area in the State.
15
(2) LAND INCLUDED.—The Conservation Area
16
shall consist of approximately 52,872 acres of Bu-
17
reau of Land Management land in the State, as gen-
18
erally depicted as ‘‘Proposed Lower Dolores River
19
National Conservation Area’’ on the Map.
20
(b) PURPOSE.—The purpose of the Conservation
21
Area is to conserve, protect, and enhance the native fish,
22
whitewater boating, recreational, hunting, fishing, scenic,
23
cultural, archaeological, natural, geological, historical, eco-
24
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logical, watershed, wildlife, educational, and scientific re-
1
sources of the Conservation Area.
2
(c) MAP AND LEGAL DESCRIPTION.—
3
(1) IN GENERAL.—As soon as practicable after
4
the date of enactment of this Act, the Secretary
5
shall file a map and legal description of the Con-
6
servation Area with the Committee on Natural Re-
7
sources of the House of Representatives and the
8
Committee on Energy and Natural Resources of the
9
Senate.
10
(1) IN GENERAL.—As soon as practicable after
11
the date of enactment of this Act, the Secretary shall
12
prepare a map and legal description of the Conserva-
13
tion Area.
14
(2) EFFECT.—The map and legal description
15
prepared under paragraph (1) shall have the same
16
force and effect as if included in this title, except
17
that the Secretary may correct minor errors in the
18
map or legal description.
19
(3) PUBLIC AVAILABILITY.—A copy of the map
20
and legal description shall be on file and available
21
for public inspection in the appropriate offices of the
22
Bureau of Land Management.
23
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SEC. 102. MANAGEMENT OF CONSERVATION AREA.
1
(a) IN GENERAL.—The Secretary shall manage the
2
Conservation Area in accordance with—
3
(1) this Act;
4
(2) the Federal Land Policy and Management
5
Act of 1976 (43 U.S.C. 1701 et seq.); and
6
(3) other applicable laws.
7
(b) USES.—Subject to the provisions of this Act, the
8
Secretary shall allow only such uses of the Conservation
9
Area as are consistent with the purpose described in sec-
10
tion 101(b).
11
(c) MANAGEMENT PLAN.—
12
(1) PLAN REQUIRED.—
13
(A) IN GENERAL.—Not later than 3 years
14
after the date of enactment of this Act, the Sec-
15
retary shall develop a management plan for the
16
long-term protection, management, and moni-
17
toring of the Conservation Area.
18
(B) REVIEW AND REVISION.—The manage-
19
ment plan under subparagraph (A) shall, from
20
time to time, be subject to review and revision,
21
in accordance with—
22
(i) this Act;
23
(ii) the Federal Land Policy and Man-
24
agement Act of 1976 (43 U.S.C. 1701 et
25
seq.); and
26
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(iii) other applicable laws.
1
(2) CONSULTATION AND COORDINATION.—The
2
Secretary shall prepare and revise the management
3
plan under paragraph (1)—
4
(A) in consultation with—
5
(i) the State;
6
(ii) units of local government;
7
(iii) the public;
8
(iv) the Council; and
9
(v) the Native Fish Monitoring and
10
Recommendation Team, as described in
11
section 402(b)(1); and
12
(B) in coordination with the Secretary of
13
Agriculture, with respect to the development of
14
the separate management plan for the Special
15
Management Area, as described in section
16
202(c).
17
(3) RECOMMENDATIONS.—In preparing and re-
18
vising the management plan under paragraph (1),
19
the Secretary shall take into consideration any rec-
20
ommendations from the Council.
21
(4) TREATY RIGHTS.—In preparing and revis-
22
ing the management plan under paragraph (1), tak-
23
ing into consideration the rights and obligations de-
24
scribed in section 402, the Secretary shall ensure
25
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S 636 RS1S
that the management plan does not alter or dimin-
1
ish—
2
(A) the treaty rights of any Indian Tribe;
3
(B) any rights described in the Colorado
4
Ute Indian Water Rights Settlement Act of
5
1988 (Public Law 100–585; 102 Stat. 2973);
6
or
7
(C) the operation or purposes of the Dolo-
8
res Project.
9
(d) INCORPORATION OF ACQUIRED LAND AND IN-
10
TERESTS.—Any land or interest in land located within the
11
boundary of the Conservation Area that is acquired by the
12
United States in accordance with section 401(c) after the
13
date of enactment of this Act shall—
14
(1) become part of the Conservation Area; and
15
(2) be managed as provided in this section.
16
(e) DEPARTMENT OF ENERGY LEASES.—
17
(1) IN GENERAL.—Nothing in this title affects
18
valid leases or lease tracts existing on the date of en-
19
actment of this Act issued under the uranium leas-
20
ing program of the Department of Energy within the
21
boundaries of the Conservation Area.
22
(2) MANAGEMENT.—
23
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S 636 RS1S
(A) IN
GENERAL.—Subject to subpara-
1
graph (B), land designated for the program de-
2
scribed in paragraph (1) shall be—
3
(i) exempt from section 401(b); and
4
(ii) managed in a manner that allow
5
the leases to fulfill the purposes of the pro-
6
gram, consistent with the other provisions
7
of this title and title IV.
8
(B) DESIGNATION.—Land subject to a
9
lease described in paragraph (1) shall be con-
10
sidered part of the Conservation Area and man-
11
aged in accordance with other provisions of this
12
title on a finding by the Secretary that—
13
(i)(I) the lease has expired; and
14
(II) the applicable lease tract has been
15
removed from the leasing program by the
16
Secretary of Energy; and
17
(ii) the land that was subject to the
18
lease is suitable for inclusion in the Con-
19
servation Area.
20
(C) EFFECT.—Nothing in subparagraph
21
(B) prevents the Secretary of Energy from ex-
22
tending any lease described in paragraph (1).
23
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S 636 RS1S
SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA
1
ADVISORY COUNCIL.
2
(a) ESTABLISHMENT.—Not later than 1 year after
3
the date of enactment of this Act, the Secretary shall es-
4
tablish an advisory council, to be known as the ‘‘Dolores
5
River National Conservation Area Advisory Council’’.
6
(b) DUTIES.—The Council shall advise—
7
(1) the Secretary with respect to the prepara-
8
tion, implementation, and monitoring of the manage-
9
ment plan prepared under section 102(c); and
10
(2) the Secretary of Agriculture with respect to
11
the preparation, implementation, and monitoring of
12
the management plan prepared under section 202(c).
13
(c) APPLICABLE LAW.—The Council shall be subject
14
to—
15
(1) chapter 10 of title 5, United States Code
16
(commonly referred to as the ‘‘Federal Advisory
17
Committee Act’’);
18
(2) the Federal Land Policy and Management
19
Act of 1976 (43 U.S.C. 1701 et seq.); and
20
(3) this Act.
21
(d) MEMBERSHIP.—
22
(1) IN GENERAL.—The Council shall include 14
23
members to be appointed by the Secretary, of whom,
24
to the extent practicable—
25
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(A) 2 members shall represent agricultural
1
water user interests in the Conservation Area
2
or the Dolores River watershed, of whom 1
3
shall represent the Dolores Water Conservancy
4
District;
5
(B) 2 members shall represent conserva-
6
tion interests in the Conservation Area;
7
(C) 2 members shall represent recreation
8
interests in the Conservation Area, 1 of whom
9
shall represent whitewater boating interests;
10
(D) 1 member shall be a representative of
11
Dolores County, Colorado;
12
(E) 1 member shall be a representative of
13
San Miguel County, Colorado;
14
(F) 1 member shall be a representative of
15
Montezuma County, Colorado;
16
(G) 1 member shall be a private landowner
17
that owns land in immediate proximity to the
18
Conservation Area;
19
(H) 1 member shall be a representative of
20
Colorado Parks and Wildlife;
21
(I) 1 member shall be a holder of a graz-
22
ing-allotment permit in the Conservation Area;
23
and
24
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(J) 2 members shall be representatives of
1
Indian Tribes, 1 of whom shall be a representa-
2
tive of the Ute Mountain Ute Tribe.
3
(2) REPRESENTATION.—
4
(A) IN GENERAL.—The Secretary shall en-
5
sure that the membership of the Council is fair-
6
ly balanced in terms of the points of view rep-
7
resented and the functions to be performed by
8
the Council.
9
(B) REQUIREMENTS.—
[Text truncated for display. Full text available on Congress.gov.]