---
kind: "section"
citation: "16 U.S.C. § 460zzz–4"
title: "16"
title_heading: "Conservation"
number: "460zzz–4"
heading: "Management of Conservation Area and Wilderness"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460zzz-4"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXXXVII — Dominguez-Escalante National Conservation Area"
---

# §460zzz–4. Management of Conservation Area and Wilderness

- (a) **Withdrawal—** Subject to valid existing rights, all [Federal land](/usc/16/3102.md?p=2) within the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460zzz.md?p=7) and all land and interests in land acquired by the United States within the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460zzz.md?p=7) is withdrawn from—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)](#b-2), the [Secretary](/usc/16/460iii–1.md?p=1) shall issue and administer any grazing leases or permits in the [Conservation Area](/usc/16/460iii–1.md?p=2) 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](/usc/16/460zzz.md?p=7), if established as of March 30, 2009, shall be permitted to continue—
    - (A) subject to any reasonable regulations, policies, and practices that the [Secretary](/usc/16/460iii–1.md?p=1) determines to be necessary; and
    - (B) in accordance with—
      - (i) [section 1133(d)(4) of this title](/usc/16/1133.md?p=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 subchapter creates a protective perimeter or buffer zone around the [Conservation Area](/usc/16/460iii–1.md?p=2).
  - (2) **Activities outside Conservation Area—** The fact that an activity or use on land outside the [Conservation Area](/usc/16/460iii–1.md?p=2) can be seen or heard within the [Conservation Area](/usc/16/460iii–1.md?p=2) shall not preclude the activity or use outside the boundary of the [Conservation Area](/usc/16/460iii–1.md?p=2).
- (d) **Acquisition of land—**
  - (1) **In general—** The [Secretary](/usc/16/460iii–1.md?p=1) may [acquire](/usc/16/620e.md?p=1) non-[Federal land](/usc/16/3102.md?p=2) within the boundaries of the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460zzz.md?p=7) only through exchange, donation, or purchase from a willing seller.
  - (2) **Management—** Land acquired under [paragraph (1)](#d-1) shall—
    - (A) become part of the [Conservation Area](/usc/16/460iii–1.md?p=2) and, if applicable, the [Wilderness](/usc/16/460zzz.md?p=7); and
    - (B) be managed in accordance with this subchapter and any other applicable laws.
- (e) **Fire, insects, and diseases—** Subject to such terms and conditions as the [Secretary](/usc/16/460iii–1.md?p=1) determines to be desirable and appropriate, the [Secretary](/usc/16/460iii–1.md?p=1) may undertake such measures as are necessary to control fire, insects, and diseases—
  - (1) in the [Wilderness](/usc/16/460zzz.md?p=7), in accordance with [section 1133(d)(1) of this title](/usc/16/1133.md?p=d-1); and
  - (2) except as provided in [paragraph (1)](#e-1), in the [Conservation Area](/usc/16/460iii–1.md?p=2) in accordance with this subchapter and any other applicable laws.
- (f) **Access—** The [Secretary](/usc/16/460iii–1.md?p=1) shall continue to provide private landowners adequate access to inholdings in the [Conservation Area](/usc/16/460iii–1.md?p=2).
- (g) **Invasive species and noxious weeds—** In accordance with any applicable laws and subject to such terms and conditions as the [Secretary](/usc/16/460iii–1.md?p=1) determines to be desirable and appropriate, the [Secretary](/usc/16/460iii–1.md?p=1) may prescribe measures to control nonnative invasive plants and noxious weeds within the [Conservation Area](/usc/16/460iii–1.md?p=2).
- (h) **Water rights—**
  - (1) **Effect—** Nothing in this subchapter—
    - (A) affects the use or allocation, in existence on March 30, 2009, of any water, water right, or interest in water;
    - (B) affects any vested absolute or decreed conditional water right in existence on March 30, 2009, including any water right held by the United States;
    - (C) affects any interstate water compact in existence on March 30, 2009;
    - (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](/usc/16/460zzz.md?p=6) on or before March 30, 2009.
  - (2) **Wilderness water rights—**
    - (A) **In general—** The [Secretary](/usc/16/460iii–1.md?p=1) shall ensure that any water rights within the [Wilderness](/usc/16/460zzz.md?p=7) required to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7) are secured in accordance with subparagraphs [(B)](#h-2-B) through [(G)](#h-2-G).
    - (B) **State law—**
      - (i) **Procedural requirements—** Any water rights within the [Wilderness](/usc/16/460zzz.md?p=7) for which the [Secretary](/usc/16/460iii–1.md?p=1) pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of [State](/usc/16/460zzz.md?p=6) law.
      - (ii) **Establishment of water rights—**
        - (I) **In general—** Except as provided in [subclause (II)](#h-2-B-ii-II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with [State](/usc/16/460zzz.md?p=6) law.
        - (II) **Exception—** Notwithstanding [subclause (I)](#h-2-B-ii-I) and in accordance with this subchapter, the [Secretary](/usc/16/460iii–1.md?p=1) may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the [Wilderness](/usc/16/460zzz.md?p=7) to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7).
    - (C) **Deadline—** The [Secretary](/usc/16/460iii–1.md?p=1) shall promptly, but not earlier than January 2009, appropriate the water rights required to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7).
    - (D) **Required determination—** The [Secretary](/usc/16/460iii–1.md?p=1) shall not pursue adjudication for any instream flow water rights unless the [Secretary](/usc/16/460iii–1.md?p=1) makes a determination pursuant to subparagraph [(E)(ii)](#h-2-E-ii) or [(F)](#h-2-F).
    - (E) **Cooperative enforcement—**
      - (i) **In general—** The [Secretary](/usc/16/460iii–1.md?p=1) shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if—
        - (I) the [Secretary](/usc/16/460iii–1.md?p=1) 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](/usc/16/460zzz.md?p=7); and
        - (II) the [Secretary](/usc/16/460iii–1.md?p=1) has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full exercise, protection, and enforcement of the [State](/usc/16/460zzz.md?p=6) water rights within the [Wilderness](/usc/16/460zzz.md?p=7) to reliably fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7).
      - (ii) **Adjudication—** If the [Secretary](/usc/16/460iii–1.md?p=1) determines that the provisions of [clause (i)](#h-2-E-i) have not been met, the [Secretary](/usc/16/460iii–1.md?p=1) shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7) 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)](#h-2-E) to such a degree that the [Secretary](/usc/16/460iii–1.md?p=1) determines that water rights held by the [State](/usc/16/460zzz.md?p=6) are insufficient to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7), the [Secretary](/usc/16/460iii–1.md?p=1) shall adjudicate and exercise Federal water rights required to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7) in accordance with [subparagraph (B)](#h-2-B).
    - (G) **Failure to comply—** The [Secretary](/usc/16/460iii–1.md?p=1) shall promptly act to exercise and enforce the water rights described in [subparagraph (E)](#h-2-E) if the [Secretary](/usc/16/460iii–1.md?p=1) determines that—
      - (i) the [State](/usc/16/460zzz.md?p=6) is not exercising its water rights consistent with [subparagraph (E)(i)(I)](#h-2-E-i-I); or
      - (ii) the agreement described in [subparagraph (E)(i)(II)](#h-2-E-i-II) is not fulfilled or complied with sufficiently to fulfill the purposes of the [Wilderness](/usc/16/460zzz.md?p=7).
  - (3) **Water resource facility—**
    - (A) **In general—** Notwithstanding any other provision of law and subject to [subparagraph (B)](#h-3-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](/usc/16/410r–5.md?p=c-4), transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the [Wilderness](/usc/16/460zzz.md?p=7).
    - (B) **Exception—** Notwithstanding [subparagraph (A)](#h-3-A), the [Secretary](/usc/16/460iii–1.md?p=1) may allow construction of new livestock watering facilities within the [Wilderness](/usc/16/460zzz.md?p=7) in accordance with—
      - (i) [section 1133(d)(4) of this title](/usc/16/1133.md?p=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](/usc/16/460iii–1.md?p=2), nothing in this subchapter—
    - (A) authorizes any Federal agency to appropriate or otherwise [acquire](/usc/16/620e.md?p=1) any water right on the mainstem of the Gunnison River; or
    - (B) prevents the [State](/usc/16/460zzz.md?p=6) from appropriating or acquiring, or requires the [State](/usc/16/460zzz.md?p=6) to appropriate or [acquire](/usc/16/620e.md?p=1), an instream flow water right on the mainstem of the Gunnison River.
  - (5) **Wilderness boundaries along Gunnison River—**
    - (A) **In general—** In [areas](/usc/16/539m–1.md?p=1-A) in which the Gunnison River is used as a reference for defining the boundary of the [Wilderness](/usc/16/460zzz.md?p=7), 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](/usc/16/460zzz.md?p=7).
- (i) **Effect—** Nothing in this subchapter—
  - (1) diminishes the jurisdiction of the [State](/usc/16/460zzz.md?p=6) with respect to [fish and wildlife](/usc/16/3102.md?p=17) in the [State](/usc/16/460zzz.md?p=6); or
  - (2) imposes any Federal water quality standard upstream of the [Conservation Area](/usc/16/460iii–1.md?p=2) or within the mainstem of the Gunnison River that is more restrictive than would be applicable had the [Conservation Area](/usc/16/460iii–1.md?p=2) not been established.
- (j) **Valid existing rights—** The designation of the [Conservation Area](/usc/16/460iii–1.md?p=2) and [Wilderness](/usc/16/460zzz.md?p=7) is subject to valid rights in existence on March 30, 2009.

## Source credit

(Pub. L. 111–11, title II, § 2405, Mar. 30, 2009, 123 Stat. 1104.)