§460zzz. Definitions — Inbound Citations
16 U.S.C. § 460zzz
Cited by 53 provisions in release 119-102.
Citations to §460zzz(2)
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(a) 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”.
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(b) The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.
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(c) The Council shall be subject to—(1) chapter 10 of title 5; and(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
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(d) 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.
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(f) The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.
Citations to §460zzz(4)
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(2) The Conservation Area shall consist of approximately 209,610 acres of public land, as generally depicted on the Map.
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(a) 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”.
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(a) As soon as practicable after March 30, 2009, 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.
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(b) 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.
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(c) 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.
Citations to §460zzz(6)
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(1) There is established the Dominguez-Escalante National Conservation Area in the State.
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(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 March 30, 2009.
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(i) 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.
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(I) 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.
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(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.
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(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).
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(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or
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(1) diminishes the jurisdiction of the State with respect to fish and wildlife in the State; or
Citations to §460zzz(7)
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(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
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(iii) This subparagraph shall not apply to the Wilderness.
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(a) 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”.
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(b) The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this subchapter, except that—(1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to March 30, 2009; and
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(a) As soon as practicable after March 30, 2009, 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.
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(a) 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.
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(2) The grazing of livestock in the Wilderness, if established as of March 30, 2009, 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 1133(d)(4) of this title; 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).
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(1) 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.
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(A) become part of the Conservation Area and, if applicable, the Wilderness; and
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(1) in the Wilderness, in accordance with section 1133(d)(1) of this title; and
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(A) 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).
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(i) 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.
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(II) 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.
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(C) The Secretary shall promptly, but not earlier than January 2009, appropriate the water rights required to fulfill the purposes of the Wilderness.
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(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
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(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.
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(ii) 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.
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(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).
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(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness.
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(A) 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.
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(B) Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with—(i) section 1133(d)(4) of this title; 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).
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(A) 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.
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(B) Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness.
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(j) The designation of the Conservation Area and Wilderness is subject to valid rights in existence on March 30, 2009.
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(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and
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(A) the purposes for which the Conservation Area or Wilderness was established; and
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(B) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.