What This Bill Does
This bill creates two protected land areas in Colorado: the Dolores River National Conservation Area (approximately 52,872 acres) and the Dolores River Special Management Area (approximately 15,452 acres). The bill aims to conserve fish, recreation, hunting, fishing, scenic, cultural, and scientific resources in these areas while protecting existing water rights and the operation of the Dolores Project.
##
Who It Affects
- The U.S. Department of Interior and Department of Agriculture (who will manage the land)
- Colorado residents and visitors who use these areas for recreation
- Private property owners adjacent to or within the conservation areas
- Water users and the Dolores Water Conservancy District
- The Ute Mountain Ute Tribe and other Indian Tribes
- County governments in Dolores, San Miguel, and Montezuma counties
##
Key Provisions
- The Dolores River National Conservation Area is established on approximately 52,872 acres of federal land managed by the Bureau of Land Management, and the Secretary of Interior must develop a management plan within 3 years that protects fish, recreation, and other resources (Sec. 101, 102)
- The Dolores River Special Management Area is established on approximately 15,452 acres in the San Juan National Forest, and the Secretary of Agriculture must develop a separate management plan within 3 years (Sec. 201, 202)
- A 14-member advisory council representing agricultural water users, conservation interests, recreation interests, county representatives, tribal members, and other stakeholders will advise on management of both areas and must meet at least quarterly until the management plan is finished (Sec. 103)
- Motorized vehicles are only permitted on designated routes except for emergencies or administrative purposes, and no new permanent roads may be built except for administrative needs, public safety, or reasonable access to private property (Sec. 401(a))
- The federal government cannot help finance or permit water resource projects on or outside the protected land that would harm the free-flowing character of streams or reduce the resource values (like native fish or boating) unless existing rights or minor structures are involved (Sec. 402(c))
##
What Changes
If this bill becomes law, approximately 68,324 acres of federal land in Colorado will receive special protection status. New road construction in these areas will be restricted. The federal government will no longer assist in building new dams or major water projects that would damage the rivers' free-flowing nature or harm fish and recreation resources. An advisory council will be created to oversee management decisions. The areas will be withdrawn from mining, mineral leasing, and geothermal leasing operations (except for existing uranium leases). Water rights existing before the law passes will remain unaffected.
##
Important Definitions
- **Conservation Area**: The Dolores River National Conservation Area established by the bill
- **Special Management Area**: The Dolores River Special Management Area established by the bill
- **Water Resource Project**: Any dam, reservoir, irrigation facility, pipeline, well, hydropower project, canal, ditch, aqueduct, or similar structure for water diversion, storage, or transport
- **Dolores Project**: Refers to the project defined in the Colorado Ute Indian Water Rights Settlement Act of 1988
- **Unreasonably Diminish**: Has the meaning given in the Wild and Scenic Rivers Act and its technical guidelines from October 2004
##
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1534
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 HOUSE OF REPRESENTATIVES
MARCH 10, 2023
Mrs. BOEBERT (for herself, Mr. LAMBORN, and Mr. BUCK) introduced the
following bill; which was referred to the Committee on Natural Resources
A BILL
To establish the Dolores River National Conservation Area
and the Dolores River Special Management Area in the
State of Colorado, to protect private water rights in
the State, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Dolores River National Conservation Area and Special
5
Management Area Act’’.
6
(b) TABLE OF CONTENTS.—The table of contents for
7
this Act is as follows:
8
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•HR 1534 IH
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.
1
In this Act:
2
(1) CONSERVATION
AREA.—The term ‘‘Con-
3
servation Area’’ means the Dolores River National
4
Conservation Area established by section 101(a).
5
(2) COUNCIL.—The term ‘‘Council’’ means the
6
Dolores River National Conservation Area Advisory
7
Council established under section 103(a).
8
(3) COVERED LAND.—The term ‘‘covered land’’
9
means—
10
(A) the Conservation Area; and
11
(B) the Special Management Area.
12
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•HR 1534 IH
(4) DOLORES
PROJECT.—The term ‘‘Dolores
1
Project’’ has the meaning given the term in section
2
3 of the Colorado Ute Indian Water Rights Settle-
3
ment Act of 1988 (Public Law 100–585; 102 Stat.
4
2974).
5
(5) MAP.—The term ‘‘Map’’ means the map
6
prepared by the Bureau of Land Management enti-
7
tled ‘‘Proposed Dolores River National Conservation
8
Area and Special Management Area’’ and dated De-
9
cember 14, 2022.
10
(6)
SECRETARY.—The
term
‘‘Secretary’’
11
means—
12
(A) in title I, the Secretary of the Interior;
13
(B) in title II, the Secretary of Agri-
14
culture; and
15
(C) in title IV—
16
(i) the Secretary of the Interior, with
17
respect to land under the jurisdiction of
18
the Secretary of the Interior; and
19
(ii) the Secretary of Agriculture, with
20
respect to land under the jurisdiction of
21
the Secretary of Agriculture.
22
(7) SPECIAL
MANAGEMENT
AREA.—The term
23
‘‘Special Management Area’’ means the Dolores
24
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•HR 1534 IH
River Special Management Area established by sec-
1
tion 201(a).
2
(8) STATE.—The term ‘‘State’’ means the State
3
of Colorado.
4
(9) UNREASONABLY DIMINISH.—The term ‘‘un-
5
reasonably diminish’’ is within the meaning of the
6
term used in section 7(a) of the Wild and Scenic
7
Rivers Act (16 U.S.C. 1278(a)) and has the mean-
8
ing of the term as applied in appendix D of the
9
Technical Report of the Interagency Wild and Scenic
10
Rivers Coordinating Council entitled ‘‘Wild & Scenic
11
Rivers: Section 7’’ and dated October 2004.
12
(10) WATER RESOURCE PROJECT.—The term
13
‘‘water resource project’’ means any dam, irrigation
14
and pumping facility, reservoir, water conservation
15
work, aqueduct, canal, ditch, pipeline, well, hydro-
16
power project, and transmission and other ancillary
17
facility, and other water diversion, storage, and car-
18
riage structure.
19
TITLE I—DOLORES RIVER NA-
20
TIONAL CONSERVATION AREA
21
SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL
22
CONSERVATION AREA.
23
(a) ESTABLISHMENT.—
24
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•HR 1534 IH
(1) IN
GENERAL.—Subject to valid existing
1
rights, there is established the Dolores River Na-
2
tional Conservation Area in the State.
3
(2) LAND INCLUDED.—The Conservation Area
4
shall consist of approximately 52,872 acres of Bu-
5
reau of Land Management land in the State, as gen-
6
erally depicted as ‘‘Proposed Lower Dolores River
7
National Conservation Area’’ on the Map.
8
(b) PURPOSE.—The purpose of the Conservation
9
Area is to conserve, protect, and enhance the native fish,
10
whitewater boating, recreational, hunting, fishing, scenic,
11
cultural, archaeological, natural, geological, historical, eco-
12
logical, watershed, wildlife, educational, and scientific re-
13
sources of the Conservation Area.
14
(c) MAP AND LEGAL DESCRIPTION.—
15
(1) IN GENERAL.—As soon as practicable after
16
the date of enactment of this Act, the Secretary
17
shall file a map and legal description of the Con-
18
servation Area with the Committee on Natural Re-
19
sources of the House of Representatives and the
20
Committee on Energy and Natural Resources of the
21
Senate.
22
(2) EFFECT.—The map and legal description
23
prepared under paragraph (1) shall have the same
24
force and effect as if included in this title, except
25
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•HR 1534 IH
that the Secretary may correct minor errors in the
1
map or legal description.
2
(3) PUBLIC AVAILABILITY.—A copy of the map
3
and legal description shall be on file and available
4
for public inspection in the appropriate offices of the
5
Bureau of Land Management.
6
SEC. 102. MANAGEMENT OF CONSERVATION AREA.
7
(a) IN GENERAL.—The Secretary shall manage the
8
Conservation Area in accordance with—
9
(1) this Act;
10
(2) the Federal Land Policy and Management
11
Act of 1976 (43 U.S.C. 1701 et seq.); and
12
(3) other applicable laws.
13
(b) USES.—Subject to the provisions of this Act, the
14
Secretary shall allow only such uses of the Conservation
15
Area as are consistent with the purpose described in sec-
16
tion 101(b).
17
(c) MANAGEMENT PLAN.—
18
(1) PLAN REQUIRED.—
19
(A) IN GENERAL.—Not later than 3 years
20
after the date of enactment of this Act, the Sec-
21
retary shall develop a management plan for the
22
long-term protection, management, and moni-
23
toring of the Conservation Area.
24
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•HR 1534 IH
(B) REVIEW AND REVISION.—The manage-
1
ment plan under subparagraph (A) shall, from
2
time to time, be subject to review and revision,
3
in accordance with—
4
(i) this Act;
5
(ii) the Federal Land Policy and Man-
6
agement Act of 1976 (43 U.S.C. 1701 et
7
seq.); and
8
(iii) other applicable laws.
9
(2) CONSULTATION AND COORDINATION.—The
10
Secretary shall prepare and revise the management
11
plan under paragraph (1)—
12
(A) in consultation with—
13
(i) the State;
14
(ii) units of local government;
15
(iii) the public;
16
(iv) the Council; and
17
(v) the Native Fish Monitoring and
18
Recommendation Team, as described in
19
section 402(b)(1); and
20
(B) in coordination with the Secretary of
21
Agriculture, with respect to the development of
22
the separate management plan for the Special
23
Management Area, as described in section
24
202(c).
25
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•HR 1534 IH
(3) RECOMMENDATIONS.—In preparing and re-
1
vising the management plan under paragraph (1),
2
the Secretary shall take into consideration any rec-
3
ommendations from the Council.
4
(4) TREATY RIGHTS.—In preparing and revis-
5
ing the management plan under paragraph (1), tak-
6
ing into consideration the rights and obligations de-
7
scribed in section 402, the Secretary shall ensure
8
that the management plan does not alter or dimin-
9
ish—
10
(A) the treaty rights of any Indian Tribe;
11
(B) any rights described in the Colorado
12
Ute Indian Water Rights Settlement Act of
13
1988 (Public Law 100–585; 102 Stat. 2973);
14
or
15
(C) the operation or purposes of the Dolo-
16
res Project.
17
(d) INCORPORATION OF ACQUIRED LAND AND IN-
18
TERESTS.—Any land or interest in land located within the
19
boundary of the Conservation Area that is acquired by the
20
United States in accordance with section 401(c) after the
21
date of enactment of this Act shall—
22
(1) become part of the Conservation Area; and
23
(2) be managed as provided in this section.
24
(e) DEPARTMENT OF ENERGY LEASES.—
25
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•HR 1534 IH
(1) IN GENERAL.—Nothing in this title affects
1
valid leases or lease tracts existing on the date of en-
2
actment of this Act issued under the uranium leas-
3
ing program of the Department of Energy within the
4
boundaries of the Conservation Area.
5
(2) MANAGEMENT.—
6
(A) IN
GENERAL.—Subject to subpara-
7
graph (B), land designated for the program de-
8
scribed in paragraph (1) shall be—
9
(i) exempt from section 401(b); and
10
(ii) managed in a manner that allow
11
the leases to fulfill the purposes of the pro-
12
gram, consistent with the other provisions
13
of this title and title IV.
14
(B) DESIGNATION.—Land subject to a
15
lease described in paragraph (1) shall be con-
16
sidered part of the Conservation Area and man-
17
aged in accordance with other provisions of this
18
title on a finding by the Secretary that—
19
(i)(I) the lease has expired; and
20
(II) the applicable lease tract has been
21
removed from the leasing program by the
22
Secretary of Energy; and
23
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•HR 1534 IH
(ii) the land that was subject to the
1
lease is suitable for inclusion in the Con-
2
servation Area.
3
(C) EFFECT.—Nothing in subparagraph
4
(B) prevents the Secretary of Energy from ex-
5
tending any lease described in paragraph (1).
6
SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA
7
ADVISORY COUNCIL.
8
(a) ESTABLISHMENT.—Not later than 1 year after
9
the date of enactment of this Act, the Secretary shall es-
10
tablish an advisory council, to be known as the ‘‘Dolores
11
River National Conservation Area Advisory Council’’.
12
(b) DUTIES.—The Council shall advise—
13
(1) the Secretary with respect to the prepara-
14
tion, implementation, and monitoring of the manage-
15
ment plan prepared under section 102(c); and
16
(2) the Secretary of Agriculture with respect to
17
the preparation, implementation, and monitoring of
18
the management plan prepared under section 202(c).
19
(c) APPLICABLE LAW.—The Council shall be subject
20
to—
21
(1) chapter 10 of title 5, United States Code
22
(commonly referred to as the ‘‘Federal Advisory
23
Committee Act’’);
24
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•HR 1534 IH
(2) the Federal Land Policy and Management
1
Act of 1976 (43 U.S.C. 1701 et seq.); and
2
(3) this Act.
3
(d) MEMBERSHIP.—
4
(1) IN GENERAL.—The Council shall include 14
5
members to be appointed by the Secretary, of whom,
6
to the extent practicable—
7
(A) 2 members shall represent agricultural
8
water user interests in the Conservation Area
9
or the Dolores River watershed, of whom 1
10
shall represent the Dolores Water Conservancy
11
District;
12
(B) 2 members shall represent conserva-
13
tion interests in the Conservation Area;
14
(C) 2 members shall represent recreation
15
interests in the Conservation Area, 1 of whom
16
shall represent whitewater boating interests;
17
(D) 1 member shall be a representative of
18
Dolores County, Colorado;
19
(E) 1 member shall be a representative of
20
San Miguel County, Colorado;
21
(F) 1 member shall be a representative of
22
Montezuma County, Colorado;
23
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•HR 1534 IH
(G) 1 member shall be a private landowner
1
that owns land in immediate proximity to the
2
Conservation Area;
3
(H) 1 member shall be a representative of
4
Colorado Parks and Wildlife;
5
(I) 1 member shall be a holder of a graz-
6
ing-allotment permit in the Conservation Area;
7
and
8
(J) 2 members shall be representatives of
9
Indian Tribes, 1 of whom shall be a representa-
10
tive of the Ute Mountain Ute Tribe.
11
(2) REPRESENTATION.—
12
(A) IN GENERAL.—The Secretary shall en-
13
sure that the membership of the Council is fair-
14
ly balanced in terms of the points of view rep-
15
resented and the functions to be performed by
16
the Council.
17
(B) REQUIREMENTS.—
18
(i) IN
GENERAL.—The members of
19
the Council described in subparagraphs
20
(B) and (C) of paragraph (1) shall be resi-
21
dents that live within reasonable proximity
22
to the Conservation Area.
23
(ii) COUNTY REPRESENTATIVES.—The
24
members of the Council described in sub-
25
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•HR 1534 IH
paragraphs (D) and (E) of paragraph (1)
1
shall be—
2
(I) residents of the respective
3
counties referred to in those subpara-
4
graphs; and
5
(II) capable of representing the
6
interests of the applicable board of
7
county commissioners.
8
(e) TERMS OF OFFICE.
[Text truncated for display. Full text available on Congress.gov.]