[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 636
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
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dolores River
National Conservation Area and Special Management Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
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.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Dolores River National Conservation Area established
by section 101(a).
(2) Council.--The term ``Council'' means the Dolores River
National Conservation Area Advisory Council established under
section 103(a).
(3) Covered land.--The term ``covered land'' means--
(A) the Conservation Area; and
(B) the Special Management Area.
(4) Dolores project.--The term ``Dolores Project'' has the
meaning given the term in section 3 of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585; 102
Stat. 2974).
(5) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Proposed Dolores River
National Conservation Area and Special Management Area'' and
dated December 14, 2022.
(6) Secretary.--The term ``Secretary'' means--
(A) in title I, the Secretary of the Interior;
(B) in title II, the Secretary of Agriculture; and
(C) in title IV--
(i) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Secretary of the Interior; and
(ii) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Secretary of Agriculture.
(7) Special management area.--The term ``Special Management
Area'' means the Dolores River Special Management Area
established by section 201(a).
(8) State.--The term ``State'' means the State of Colorado.
(9) Unreasonably diminish.--The term ``unreasonably
diminish'' is within the meaning of the term used in section
7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)) and
has the meaning of the term as applied in appendix D of the
Technical Report of the Interagency Wild and Scenic Rivers
Coordinating Council entitled ``Wild & Scenic Rivers: Section
7'' and dated October 2004.
(10) Water resource project.--The term ``water resource
project'' means any dam, irrigation and pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, and transmission and other
ancillary facility, and other water diversion, storage, and
carriage structure.
TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA
SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Dolores River National Conservation Area in the
State.
(2) Land included.--The Conservation Area shall consist of
approximately 52,872 acres of Bureau of Land Management land in
the State, as generally depicted as ``Proposed Lower Dolores
River National Conservation Area'' on the Map.
(b) Purpose.--The purpose of the Conservation Area is to conserve,
protect, and enhance the native fish, whitewater boating, recreational,
hunting, fishing, scenic, cultural, archaeological, natural,
geological, historical, ecological, watershed, wildlife, educational,
and scientific resources of the Conservation Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Conservation Area with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 102. MANAGEMENT OF CONSERVATION AREA.
(a) In General.--The Secretary shall manage the Conservation Area
in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable laws.
(b) Uses.--Subject to the provisions of this Act, the Secretary
shall allow only such uses of the Conservation Area as are consistent
with the purpose described in section 101(b).
(c) Management Plan.--
(1) Plan required.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the long-term protection,
management, and monitoring of the Conservation Area.
(B) Review and revision.--The management plan under
subparagraph (A) shall, from time to time, be subject
to review and revision, in accordance with--
(i) this Act;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) Consultation and coordination.--The Secretary shall
prepare and revise the management plan under paragraph (1)--
(A) in consultation with--
(i) the State;
(ii) units of local government;
(iii) the public;
(iv) the Council; and
(v) the Native Fish Monitoring and
Recommendation Team, as described in section
402(b)(1); and
(B) in coordination with the Secretary of
Agriculture, with respect to the development of the
separate management plan for the Special Management
Area, as described in section 202(c).
(3) Recommendations.--In preparing and revising the
management plan under paragraph (1), the Secretary shall take
into consideration any recommendations from the Council.
(4) Treaty rights.--In preparing and revising the
management plan under paragraph (1), taking into consideration
the rights and obligations described in section 402, the
Secretary shall ensure that the management plan does not alter
or diminish--
(A) the treaty rights of any Indian Tribe;
(B) any rights described in the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2973); or
(C) the operation or purposes of the Dolores
Project.
(d) Incorporation of Acquired Land and Interests.--Any land or
interest in land located within the boundary of the Conservation Area
that is acquired by the United States in accordance with section 401(c)
after the date of enactment of this Act shall--
(1) become part of the Conservation Area; and
(2) be managed as provided in this section.
(e) Department of Energy Leases.--
(1) In general.--Nothing in this title affects valid leases
or lease tracts existing on the date of enactment of this Act
issued under the uranium leasing program of the Department of
Energy within the boundaries of the Conservation Area.
(2) Management.--
(A) In general.--Subject to subparagraph (B), land
designated for the program described in paragraph (1)
shall be--
(i) exempt from section 401(b); and
(ii) managed in a manner that allow the
leases to fulfill the purposes of the program,
consistent with the other provisions of this
title and title IV.
(B) Designation.--Land subject to a lease described
in paragraph (1) shall be considered part of the
Conservation Area and managed in accordance with other
provisions of this title on a finding by the Secretary
that--
(i)(I) the lease has expired; and
(II) the applicable lease tract has been
removed from the leasing program by the
Secretary of Energy; and
(ii) the land that was subject to the lease
is suitable for inclusion in the Conservation
Area.
(C) Effect.--Nothing in subparagraph (B) prevents
the Secretary of Energy from extending any lease
described in paragraph (1).
SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY COUNCIL.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Dolores River National Conservation Area
Advisory Council''.
(b) Duties.--The Council shall advise--
(1) the Secretary with respect to the preparation,
implementation, and monitoring of the management plan prepared
under section 102(c); and
(2) the Secretary of Agriculture with respect to the
preparation, implementation, and monitoring of the management
plan prepared under section 202(c).
(c) Applicable Law.--The Council shall be subject to--
(1) chapter 10 of title 5, United States Code (commonly
referred to as the ``Federal Advisory Committee Act'');
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) this Act.
(d) Membership.--
(1) In general.--The Council shall include 14 members to be
appointed by the Secretary, of whom, to the extent
practicable--
(A) 2 members shall represent agricultural water
user interests in the Conservation Area or the Dolores
River watershed, of whom 1 shall represent the Dolores
Water Conservancy District;
(B) 2 members shall represent conservation
interests in the Conservation Area;
(C) 2 members shall represent recreation interests
in the Conservation Area, 1 of whom shall represent
whitewater boating interests;
(D) 1 member shall be a representative of Dolores
County, Colorado;
(E) 1 member shall be a representative of San
Miguel County, Colorado;
(F) 1 member shall be a representative of Montezuma
County, Colorado;
(G) 1 member shall be a private landowner that owns
land in immediate proximity to the Conservation Area;
(H) 1 member shall be a representative of Colorado
Parks and Wildlife;
(I) 1 member shall be a holder of a grazing-
allotment permit in the Conservation Area; and
(J) 2 members shall be representatives of Indian
Tribes, 1 of whom shall be a representative of the Ute
Mountain Ute Tribe.
(2) Representation.--
(A) In general.--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.
(B) Requirements.--
(i) In general.--The members of the Council
described in subparagraphs (B) and (C) of
paragraph (1) shall be residents that live
within reasonable proximity to the Conservation
Area.
(ii) County representatives.--The members
of the Council described in subparagraphs (D)
and (E) of paragraph (1) shall be--
(I) residents of the respective
counties referred to in those
subparagraphs; and
(II) capable of representing the
interests of the applicable board of
county commissioners.
(e) Terms of Office.--
(1) In general.--The term of office of a member of the
Council shall be 5 years.
(2) Reappointment.--A member may be reappointed to the
Council on completion of the term of office of the member.
(f) Compensation.--A member of the Council--
(1) shall serve without compensation for service on the
Council; but
(2) may be reimbursed for qualified expenses of the member.
(g) Chairperson.--The Council shall elect a chairperson from among
the members of the Council.
(h) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson--
(A) not less frequently than quarterly until the
management plan under section 102(c) is developed; and
(B) thereafter, at the call of the Secretary.
(2) Public meetings.--Each meeting of the Council shall be
open to the public.
(3) Notice.--A notice of each meeting of the Council shall
be published in advance of the meeting.
(i) Technical Assistance.--The Secretary shall provide, to the
maximum extent practicable in accordance with applicable law, any
information and technical services requested by the Council to assist
in carrying out the duties of the Council.
(j) Renewal.--The Secretary shall ensure that the Council charter
is renewed as required under applicable law.
(k) Duration.--The Council--
(1) shall continue to function for the duration of
existence of the Conservation Area; but
(2) on completion of the management plan, shall only meet--
(A) at the call of the Secretary; or
(B) in the case of a review or proposed revision to
the management plan.
TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA
SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Dolores River Special Management Area in the
State.
(2) Land included.--The Special Management Area shall
consist of approximately 15,452 acres of Federal land in the
San Juan National Forest in the State, including National
Forest System land in the Dolores River segment that extends
from the Dolores Project boundary downstream to the boundary of
the San Juan National Forest, as of the date of enactment of
this Act, as generally depicted as ``Proposed Dolores River
Special Management Area'' on the Map.
(b) Purpose.--The purpose of the Special Management Area is to
conserve, protect, and enhance the native fish, whitewater boating,
recreational, hunting, fishing, scenic, cultural, archaeological,
natural, geological, historical, ecological, watershed, wildlife,
educational, and scientific resources of the Special Management Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Special Management Area with the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA.
(a) In General.--The Secretary shall manage the Special Management
Area in accordance with--
(1) this Act;
(2) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.); and
(3) other applicable laws.
(b) Uses.--The Secretary shall allow only such uses of the Special
Management Area as the Secretary determines would further the purpose
of the Special Management Area, as described in section 201(b).
(c) Management Plan.--
(1) Plan required.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the long-term protection,
management, and monitoring of the Special Management
Area.
(B) Review and revision.--The management plan under
subparagraph (A) shall, from time to time, be subject
to review and revision in accordance with--
(i) this Act;
(ii) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.); and
(iii) other applicable laws.
(2) Consultation and coordination.--The Secretary shall
prepare and revise the management plan under paragraph (1)--
(A) in consultation with--
(i) the State;
(ii) units of local government;
(iii) the public;
(iv) the Council; and
(v) the Native Fish Monitoring and
Recommendation Team, as described in section
402(b)(1); and
(B) in coordination with the Secretary of the
Interior, with respect to the development of the
separate management plan for the Conservation Area, as
described in section 102(c).
(3) Recommendations.--In preparing and revising the
management plan under paragraph (1), the Secretary shall take
into consideration any recommendations from the Council.
(4) Treaty rights.--In preparing and revising the
management plan under paragraph (1), taking into consideration
the rights and obligations described in section 402, the
Secretary shall ensure that the management plan does not alter
or diminish--
(A) the treaty rights of any Indian Tribe;
(B) any rights described in the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2973); or
(C) the operation or purposes of the Dolores
Project.
(d) Incorporation of Acquired Land and Interests.--Any land or
interest in land located within the boundary of the Special Management
Area that is acquired by the United States in accordance with section
401(c) after the date of enactment of this Act shall--
(1) become part of the Special Management Area; and
(2) be managed as provided in this section.
TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL
WILD AND SCENIC RIVERS SYSTEM
SEC. 301. PURPOSE.
The purpose of this title is to release portions of the Dolores
River and certain tributaries from designation for potential addition
under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) or from
further study under that Act.
SEC. 302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER
CONGRESSIONAL STUDY AREA.
Section 5(a)(56) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)(56)) is amended by inserting ``and the segments of the Dolores
River located in the Dolores River National Conservation Area
designated by the Dolores River National Conservation Area and Special
Management Area Act'' before the period at the end.
SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION PROVISION.
Section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(d)(1)) shall not apply to--
(1) the Conservation Area; or
(2) the Special Management Area.
TITLE IV--GENERAL PROVISIONS
SEC. 401. MANAGEMENT OF COVERED LAND.
(a) Motorized Vehicles.--
(1) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond
to an emergency, the use of motorized vehicles in the covered
land shall be permitted only on designated routes.
(2) Road construction.--Except as necessary for
administrative purposes, protection of public health and
safety, or providing reasonable access to private property, the
Secretary shall not construct any permanent or temporary road
within the covered land after the date of enactment of this
Act.
(b) Withdrawals.--Subject to valid existing rights, all covered
land, including any land or interest in land that is acquired by the
United States within the covered land after the date of enactment of
this Act, is withdrawn from--
(1) 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, except as provided in section
102(e).
(c) Willing Sellers.--Any acquisition of land or interests in land
under this Act shall be only by purchase from willing sellers,
donation, or exchange.
(d) Grazing.--The Secretary shall issue and administer any grazing
leases or permits and trailing permits and administer allotments in the
covered land in accordance with the laws (including regulations)
applicable to the issuance and administration of leases and permits on
other land under the jurisdiction of the Bureau of Land Management or
Forest Service, as applicable.
(e) Access to Private Land.--To ensure reasonable use and enjoyment
of private property (whether in existence on the date of enactment of
this Act or in an improved state), the Secretary shall grant reasonable
and feasible access through the covered land to any private property
that is located within or adjacent to the covered land, if other routes
to the private property are blocked by physical barriers, such as the
Dolores River or the cliffs of the Dolores River.
(f) Easements.--The Secretary may lease or acquire easements on
private land from willing lessors, donors, or sellers for recreation,
access, conservation, or other permitted uses, to the extent necessary
to fulfill the purposes of the Conservation Area or Special Management
Area, as applicable.
(g) Wildfire, Insect, and Disease Management.--The Secretary may
take any measures that the Secretary determines to be necessary to
control fire, insects, and diseases in the covered land, (including, as
the Secretary determines to be appropriate, the coordination of the
measures with the State or a local agency).
(h) Management of Ponderosa Gorge.--
(1) In general.--The Secretary shall manage the areas of
the Conservation Area and Special Management Area identified on
the Map as ``Ponderosa Gorge'' in a manner that maintains the
wilderness character of those areas as of the date of enactment
of this Act.
(2) Prohibited activities.--Subject to paragraphs (3) and
(4), in the areas described in paragraph (1), the following
activities shall be prohibited:
(A) New permanent or temporary road construction or
the renovation of nonsystem roads in existence on the
date of enactment of this Act.
(B) The use of motor vehicles, motorized equipment,
or mechanical transport, except as necessary to meet
the minimum requirements for the administration of the
Federal land, to protect public health and safety, or
to conduct ecological restoration activities to improve
the aquatic habitat of the Dolores River channel.
(C) Projects undertaken for the purpose of
harvesting commercial timber.
(3) Utility corridor.--Nothing in this subsection affects
the operation, maintenance, or location of the utility right-
of-way within the corridor, as depicted on the Map.
(4) Effect on certain vegetation management projects.--
Nothing in this subsection--
(A) affects the implementation of the Lone Pine
Vegetation Management Project authorized by the Forest
Service in a decision notice dated January 23, 2020; or
(B) prohibits activities relating to the harvest of
merchantable products that are byproducts of activities
conducted--
(i) for ecological restoration; or
(ii) to further the purposes of this Act.
(i) Effect.--Nothing in this Act prohibits the Secretary from
issuing a new permit and right-of-way within the covered land for a
width of not more than 150 feet for a right-of-way that serves a
transmission line in existence on the date of enactment of this Act, on
the condition that the Secretary shall relocate the right-of-way in a
manner that furthers the purposes of this Act.
(j) Climatological Data Collection.--Subject to such terms and
conditions as the Secretary may require, nothing in this Act precludes
the installation and maintenance of hydrologic, meteorological, or
climatological collection devices in the covered land if the facilities
and access to the facilities are essential to public safety, flood
warning, flood control, water reservoir operation activities, or the
collection of hydrologic data for water resource management purposes.
SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS.
(a) Dolores Project.--
(1) Operation.--The Dolores Project and the operation of
McPhee Reservoir shall continue to be the responsibility of,
and be operated by, the Secretary, in cooperation with the
Dolores Water Conservancy District, in accordance with
applicable laws and obligations.
(2) Effect.--Nothing in this Act affects the Dolores
Project or the current or future operation of McPhee Reservoir
in accordance with--
(A) the reclamation laws;
(B) any applicable--
(i) Dolores Project water contract, storage
contract, or carriage contract; or
(ii) allocation of Dolores Project water;
(C) the environmental assessment and finding of no
significant impact prepared by the Bureau of
Reclamation Upper Colorado Region and approved August
2, 1996;
(D) the operating agreement entitled ``Operating
Agreement, McPhee Dam and Reservoir, Contract No. 99-
WC-40-R6100, Dolores Project, Colorado'' and dated
April 25, 2000 (or any subsequent renewal or revision
of that agreement);
(E) mitigation measures for whitewater boating,
including any such measure described in--
(i) the document entitled ``Dolores Project
Colorado Definite Plan Report'' and dated April
1977;
(ii) the Dolores Project final
environmental statement dated May 9, 1977; or
(iii) a document referred to in
subparagraph (C) or (D);
(F) applicable Federal or State laws relating to
the protection of the environment, including--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); and
(G) the Colorado Ute Indian Water Rights Settlement
Act of 1988 (Public Law 100-585; 102 Stat. 2973).
(b) Management of Flows.--
(1) In general.--In managing available flows below McPhee
Dam to conserve, protect, and enhance the resources described
in sections 101(b) and 201(b) of the Dolores River within the
covered land, including native fish and whitewater boating
resources, the Secretary shall seek to provide regular and
meaningful consultation and collaboration with interested
stakeholders, including the Native Fish Monitoring and
Recommendation Team, which includes water management entities,
affected counties, conservation interests, whitewater boating
interests, Colorado Parks and Wildlife, and the Ute Mountain
Ute Tribe, during the process of decision making.
(2) Annual report.--Beginning on the date that is 1 year
after the date of enactment of this Act and annually
thereafter, the Commissioner of Reclamation shall prepare and
make publically available a report that describes any progress
with respect to the conservation, protection, and enhancement
of native fish in the Dolores River.
(c) Water Resource Projects.--
(1) In general.--Subject to valid existing rights and
paragraph (2), after the date of enactment of this Act, the
Secretary or any other officer, employee, or agent of the
United States may not assist by loan, grant, license, or
otherwise in the construction or modification of any water
resource project--
(A) located on the covered land that would--
(i) affect the free-flowing character of
any stream within the covered land; or
(ii) unreasonably diminish the resource
values described in sections 101(b) and 201(b)
of the Dolores River within the covered land;
or
(B) located outside the covered land that would
unreasonably diminish the resource values described in
sections 101(b) and 201(b) of the Dolores River within
the covered land.
(2) Limitations.--Subject to the requirements of this
section, nothing in paragraph (1)--
(A) prevents, outside the covered land--
(i) the construction of small diversion
dams or stock ponds;
(ii) new minor water developments in
accordance with existing decreed water rights;
or
(iii) minor modifications to structures; or
(B) affects access to, or operation, maintenance,
relicensing, repair, or replacement of, existing water
resource projects.
(d) Effect.--Nothing in this Act--
(1) affects--
(A) any water right that is--
(i) decreed under the laws of the State;
and
(ii) in existence on the date of enactment
of this Act;
(B) the use, allocation, ownership, or control, in
existence on the date of enactment of this Act, of any
water or water right;
(C) 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;
(D) any interstate water compact in existence on
the date of enactment of this Act; or
(E) State jurisdiction over any water law, water
right, or adjudication or administration relating to
any water resource;
(2) imposes--
(A) any mandatory streamflow requirement within the
covered land; or
(B) any Federal water quality standard within, or
upstream of, the covered land that is more restrictive
than would be applicable if the covered land had not
been designated as the Conservation Area or Special
Management Area under this Act; or
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right
within the covered land.
SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGULATORY AUTHORITY.
(a) Effect.--Nothing in this Act--
(1) affects valid existing rights;
(2) requires any owner of private property to bear any
costs associated with the implementation of the management plan
under this Act;
(3) affects the jurisdiction or responsibility of the State
with respect to fish and wildlife in the State;
(4) requires a change in or affects local zoning laws of
the State or a political subdivision of the State; or
(5) affects--
(A) the jurisdiction over, use, or maintenance of
county roads in the covered land; or
(B) the administration of the portion of the road
that is not a county road and that is commonly known as
the ``Dolores River Road'' within the Conservation
Area, subject to the condition that the Secretary shall
not improve the road beyond the existing primitive
condition of the road.
(b) Adjacent Management.--
(1) No buffer zones.--The designation of the Conservation
Area and the Special Management Area by this Act shall not
create any protective perimeter or buffer zone around the
Conservation Area or Special Management Area, as applicable.
(2) Private land.--Nothing in this Act requires the
prohibition of any activity on private land outside the
boundaries of the Conservation Area or the Special Management
Area that can be seen or heard from within such a boundary.
SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES.
(a) Treaty Rights.--Nothing in this Act affects the treaty rights
of any Indian Tribe, including rights under the Agreement of September
13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter
136).
(b) Traditional Tribal Uses.--Subject to any terms and conditions
as the Secretary determines to be necessary and in accordance with
applicable law, the Secretary shall allow for the continued use of the
covered land by members of Indian Tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
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