- § 460zzz. Definitions
- § 460zzz-1. Dominguez-Escalante National Conservation Area
- § 460zzz-2. Dominguez Canyon Wilderness Area
- § 460zzz-3. Maps and legal descriptions
- § 460zzz-4. Management of Conservation Area and Wilderness
- § 460zzz-5. Management plan
- § 460zzz-6. Advisory Council
- § 460zzz-7. Authorization of appropriations
The term “Conservation Area” means the Dominguez-Escalante National Conservation Area established by section 460zzz–1(a)(1) of this title.
The term “Council” means the Dominguez-Escalante National Conservation Area Advisory Council established under section 460zzz–6 of this title.
The term “management plan” means the management plan developed under section 460zzz–5 of this title.
The term “Map” means the map entitled “Dominguez-Escalante National Conservation Area” and dated September 15, 2008.
The term “Secretary” means the Secretary of the Interior.
The term “State” means the State of Colorado.
The term “Wilderness” means the Dominguez Canyon Wilderness Area designated by section 460zzz–2(a) of this title.
There is established the Dominguez-Escalante National Conservation Area in the State.
The Conservation Area shall consist of approximately 209,610 acres of public land, as generally depicted on the Map.
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.
Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency.
This subparagraph shall not apply to the Wilderness.
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”.
The Map and legal descriptions filed under subsection (a) shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in the Map and legal descriptions.
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.
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.
Nothing in this subchapter creates a protective perimeter or buffer zone around the 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.
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.
The Secretary shall continue to provide private landowners adequate access to inholdings in the Conservation Area.
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.
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).
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.
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 subchapter, 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.
The Secretary shall promptly, but not earlier than January 2009, appropriate the water rights required to fulfill the purposes of the Wilderness.
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).
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).
Notwithstanding any other provision of law and subject to subparagraph (B), beginning on March 30, 2009, 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.
Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness.
The designation of the Conservation Area and Wilderness is subject to valid rights in existence on March 30, 2009.
Not later than 3 years after March 30, 2009, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Conservation Area.
Not later than 180 days after March 30, 2009, the Secretary shall establish an advisory council, to be known as the “Dominguez-Escalante National Conservation Area Advisory Council”.
The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.
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.
The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.
There are authorized to be appropriated such sums as are necessary to carry out this subchapter.