[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1787 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1787
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
May 15, 2025
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 13, 2024.
(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'' has the same meaning as used in section 7(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).
(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 prepare a map and
legal description of the Conservation Area.
(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.
(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 lat