S. 3065 (110th): Dominguez-Escalante National Conservation Area and Dominguez Canyon Wilderness Area Act

110th Congress, 2007–2009. Text as of Sep 16, 2008 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

II

Calendar No. 997

110th CONGRESS

2d Session

S. 3065

IN THE SENATE OF THE UNITED STATES

May 22, 2008

introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 16, 2008

Reported by , 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.

Short title

This Act may be cited as the Dominguez-Escalante National Conservation Area and Dominguez Canyon Wilderness Area Act.

2.

Findings and purpose

(a)

Findings

Congress finds that—

(1)

certain areas located in Mesa, Montrose, and Delta Counties, Colorado, should be protected 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 paleontological, 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 nationally 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, archaeological, paleontological, fish and wildlife, riparian, water, scientific, and recreational resources.

(b)

Purpose

The purpose of this Act is to establish the Dominguez-Escalante National Conservation Area and the Dominguez Canyon Wilderness Area in the State, to be administered as part of the National Landscape Conservation 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, scientific, recreational, environmental, biological, wilderness, 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.

3.

Definitions

In this Act:

(1)

Conservation area

The term Conservation 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.

(3)

Management plan

The term management plan means the management plan developed under section 8.

(4)

Map

The term Map means the map entitled Dominguez-Escalante National Conservation Area and dated May 22, 2008.

(5)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director 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 designated by section 5(a).

4.

Dominguez-Escalante National Conservation 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 public land, as generally depicted on the Map.

(b)

Management

(1)

In general

The Secretary shall manage the Conservation Area—

(A)

as a component of the National Landscape 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 Management 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 established.

(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 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 emergency response use

Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency.

5.

Dominguez Canyon Wilderness Area

(a)

In general

Approximately 66,280 acres of public land in Mesa, Montrose, and Delta Counties, Colorado, 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, except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act.

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 descriptions 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 description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management.

7.

Management of conservation area and wilderness

(a)

Withdrawals

Subject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States for the Conservation Area or the Wilderness 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 paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation Area in accordance with the laws (including regulations) 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 administered by the Bureau of Land Management and in which grazing is established as of the date of enactment of this Act shall be allowed to continue—

(A)

subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and

(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 Appendix 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 outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.

(d)

Acquisition of land

(1)

In general

The Secretary may acquire non-Federal land within the boundaries of the Conservation Area or the Wilderness only through purchase from a willing seller, exchange, or donation.

(2)

Management

Land acquired under paragraph (1) shall be managed as part of the Conservation Area or the Wilderness, as applicable, in accordance with this Act.

(3)

Certain conservation area exchanges

(A)

In general

In order to protect and consolidate Federal land within the boundary of the Conservation Area and subject to subparagraph (B), the Secretary may enter into an agreement with any owner of private land within the boundaries of the Conservation Area to exchange the private land for Federal land in the Conservation Area, if the Secretary determines that the exchange would enhance the values for which the Conservation Area is established.

(B)

Conditions

An exchange of land under subparagraph (A) shall—

(i)

be carried out consistent with any applicable laws (including regulations), including 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 undertake such measures in the Conservation Area and Wilderness 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 Executive orders.

(f)

Interpretive facilities or sites

(1)

In general

The Secretary, in cooperation with any other public or private entities as the Secretary determines to be appropriate, may establish minimal interpretive facilities or sites in or near the Conservation Area.

(2)

Requirements

Any facilities or sites established 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 located in the Wilderness; and

(B)

the boundaries of the Wilderness are drawn in a manner that does not include any portion of the Gunnison River in the Wilderness.

(2)

Effect on water rights

Nothing in this Act—

(A)

affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;

(B)

affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

(C)

affects any interstate water compact in existence on the date of enactment of this Act;

(D)

authorizes or imposes any new reserved Federal water rights;

(E)

unreasonably limits access for maintenance, operation, modification, repair, or replacement of facilities that are—

(i)

in existence as of the date of enactment of this Act; and

(ii)

associated with any water rights referred to in subparagraph (A) or (B); or

(F)

shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act.

(3)

Effect on water quality designations

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 existence on the date of enactment of this Act.

(4)

Wilderness water rights

(A)

In general

The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (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 requirements and priority system of State law.

(ii)

Establishment of water rights

(I)

In general

Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.

(II)

Exception

Notwithstanding subclause (I) and in accordance 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 subparagraph (E)(ii) or (F).

(E)

Cooperative enforcement

(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 adjudicate and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph.

(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 subparagraph (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 subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of this Act.

(5)

Water resource facility

(A)

In general

Notwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment 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 conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness.

(B)

Stock watering ponds

The Secretary 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 Impact 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—

(A)

authorizes any Federal agency to appropriate 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 appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River.

(7)

Wilderness boundaries along gunnison river

(A)

In general

In areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall—

(i)

be located at the edge of the river; and

(ii)

change according to the river level.

(B)

Exclusion from wilderness

Regardless 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 respect to fish and wildlife management, including regulation of hunting and fishing, on public land within the Conservation 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.

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 protection and management of the Conservation Area.

(b)

Purposes

The management plan shall—

(1)

describe the appropriate uses and management of the Conservation Area;

(2)

be developed with extensive public input;

(3)

take into consideration any information developed in studies of the land within the Conservation Area; and

(4)

include a comprehensive travel management plan.

9.

Advisory council

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Dominguez-Escalante National Conservation Area Advisory 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 members to be appointed by the Secretary, of whom, to the extent practicable—

(1)

1 member shall be appointed after considering the recommendations of the Mesa County Commission;

(2)

1 member shall be appointed after considering the recommendations of the Montrose County Commission;

(3)

1 member shall be appointed after considering the recommendations of the Delta County Commission;

(4)

1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and

(5)

5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect—

(A)

the purposes for which the Conservation 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.

10.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.

1.

Short title

This Act may be cited as the Dominguez-Escalante National Conservation Area and Dominguez Canyon Wilderness Area Act.

2.

Definitions

In this Act:

(1)

Conservation area

The term Conservation Area means the Dominguez-Escalante National Conservation Area established by section 3(a)(1).

(2)

Council

The term Council means the Dominguez-Escalante National Conservation Area Advisory Council established under section 8.

(3)

Management plan

The term management plan means the management plan developed under section 7.

(4)

Map

The term Map means the map entitled Dominguez-Escalante National Conservation Area and dated September 10, 2008.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

State

The term State means the State of Colorado.

(7)

Wilderness

The term Wilderness means the Dominguez Canyon Wilderness Area designated by section 4(a).

3.

Dominguez-Escalante National Conservation 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 209,600 acres of public land, as generally depicted on the Map.

(b)

Purposes

The purposes of the Conservation Area are to conserve and protect for the benefit and enjoyment of present and future generations—

(1)

the unique and important resources and values of the land, including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, 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.

(c)

Management

(1)

In general

The Secretary shall manage the Conservation Area—

(A)

as a component of the National Landscape Conservation System;

(B)

in a manner that conserves, protects, and enhances the resources and values of the Conservation Area described in subsection (b); and

(C)

in accordance with—

(i)

the Federal Land Policy and Management 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 established.

(B)

Use of motorized vehicles

(i)

In general

Except as provided in clauses (ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed—

(I)

before the effective date of the management plan, only on roads 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 emergency response use

Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency.

(iii)

Limitation

This subparagraph shall not apply to the Wilderness.

4.

Dominguez Canyon Wilderness Area

(a)

In general

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 66,280 acres of public land in Mesa, Montrose, and Delta Counties, Colorado, as generally depicted on the Map, is 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

The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that—

(1)

any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and

(2)

any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.

5.

Maps and legal descriptions

(a)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Conservation Area and the Wilderness with—

(1)

the Committee on Energy and Natural Resources of the Senate; and

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

Force and effect

The Map and legal descriptions filed 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 descriptions filed under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.

6.

Management of Conservation Area and Wilderness

(a)

Withdrawal

Subject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States within the Conservation Area or the Wilderness 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)

Grazing in conservation area

Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation Area in accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other land under the jurisdiction of the Bureau of Land Management.

(2)

Grazing in wilderness

The grazing of livestock in the Wilderness, if established as of the date of enactment of this Act, shall be permitted to continue—

(A)

subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and

(B)

in accordance with—

(i)

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

(ii)

the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 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 outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.

(d)

Acquisition of land

(1)

In general

The Secretary may acquire non-Federal land within the boundaries of the Conservation Area or the Wilderness only through exchange, donation, or purchase from a willing seller,.

(2)

Management

Land acquired under paragraph (1) shall—

(A)

become part of the Conservation Area and, if applicable, the Wilderness; and

(B)

be managed in accordance with this Act and any other applicable laws.

(e)

Fire, insects, and diseases

Subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases—

(1)

in the Wilderness, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and

(2)

except as provided in paragraph (1), in the Conservation Area in accordance with this Act and any other applicable laws.

(f)

Access

The Secretary shall continue to provide private landowners adequate access to inholdings in the Conservation Area.

(g)

Invasive species and noxious weeds

In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the Conservation Area.

(h)

Water rights

(1)

Effect

Nothing in this Act—

(A)

affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;

(B)

affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

(C)

affects any interstate water compact in existence on the date of enactment of this Act;

(D)

authorizes or imposes any new reserved Federal water rights; or

(E)

shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.

(2)

Wilderness water rights

(A)

In general

The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (B) through (G).

(B)

State law

(i)

Procedural requirements

Any water rights within the Wilderness for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law.

(ii)

Establishment of water rights

(I)

In general

Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.

(II)

Exception

Notwithstanding subclause (I) and in accordance 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 subparagraph (E)(ii) or (F).

(E)

Cooperative enforcement

(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 the Wilderness; and

(II)

the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full exercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of the Wilderness.

(ii)

Adjudication

If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph.

(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 the Wilderness, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of the Wilderness in accordance with subparagraph (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 subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness.

(3)

Water resource facility

(A)

In general

Notwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment 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 the development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness.

(B)

Exception

Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with—

(i)

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

(ii)

the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).

(4)

Conservation area water rights

With respect to water within the Conservation Area, nothing in this Act—

(A)

authorizes any Federal agency to appropriate 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 appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River.

(5)

Wilderness boundaries along gunnison river

(A)

In general

In areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall—

(i)

be located at the edge of the river; and

(ii)

change according to the river level.

(B)

Exclusion from wilderness

Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness.

(i)

Effect

Nothing in this Act—

(1)

diminishes the jurisdiction of the State with respect to fish and wildlife in the State; or

(2)

imposes any Federal water quality standard upstream of the Conservation Area or within the mainstem of the Gunnison River that is more restrictive than would be applicable had the Conservation Area not been established.

(j)

Valid existing rights

The designation of the Conservation Area and Wilderness is subject to valid rights in existence on the date of enactment of this Act.

7.

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-term protection and management of the Conservation Area.

(b)

Purposes

The management plan shall—

(1)

describe the appropriate uses and management of the Conservation Area;

(2)

be developed with extensive public input;

(3)

take into consideration any information developed in studies of the land within the Conservation Area; and

(4)

include a comprehensive travel management plan.

8.

Advisory council

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Dominguez-Escalante National Conservation Area Advisory 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 members to be appointed by the Secretary, of whom, to the extent practicable—

(1)

1 member shall be appointed after considering the recommendations of the Mesa County Commission;

(2)

1 member shall be appointed after considering the recommendations of the Montrose County Commission;

(3)

1 member shall be appointed after considering the recommendations of the Delta County Commission;

(4)

1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and

(5)

5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect—

(A)

the purposes for which the Conservation 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.

(e)

Representation

The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council.

(f)

Duration

The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.

9.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.

September 16, 2008

Reported with an amendment