69–010 

Calendar No. 636 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–284 

GREAT SAND DUNES NATIONAL PARK AND PRESERVE 

ACT OF 2000 AMENDMENTS ACT 

APRIL 10, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 127] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 127) to amend the Great Sand Dunes National 

Park and Preserve Act of 2000 to explain the purpose and provide 

for the administration of the Baca National Wildlife Refuge, having 

considered the same, reports favorably thereon with an amendment 

and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

On page 3, strike lines 12 through 14 and insert the following: 

‘‘(3) subject to any agreement in existence as of the 

date of enactment of this paragraph, and to the extent 

consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the 

same manner that the water rights have been used 

historically.’’. 

PURPOSE

The purpose of S. 127 is to amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and 

provide for the administration of the Baca National Wildlife Refuge. 

BACKGROUND AND NEED

Public Law 106–530 required the Secretary of the Interior to establish the Great Sand Dunes National Park. In addition, the law 

required the Secretary, upon determining that sufficient land has 

been acquired to constitute an area that can be efficiently managed 


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as a National Wildlife Refuge, to establish the Baca National Wildlife Refuge. Subsequently, in 2004, the Secretary established the 

refuge. 

Although Public Law 106–530 gave the Secretary the authority 

to establish the refuge, it did not set forth specific purposes for 

doing so. It would be helpful to the Fish and Wildlife Service to 

have Congress enact such a provision so that it could guide management direction and a management plan. 

LEGISLATIVE HISTORY

S. 127 was introduced by Senator Allard and Senator Salazar on 

January 4, 2007. Rep. Salazar introduced a companion measure in 

the House of Representatives (H.R. 1658) on March 22, 2007. The 

Subcommittee on National Parks held a hearing on S. 127 on September 11, 2007. (S. Hrg. 110–213.) The Committee on Energy and 

Natural Resources ordered it favorably reported on January 30, 

2008. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 30, 2008, by a voice vote of a quorum 

present, recommends that the Senate pass S. 127, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 127, the Committee adopted an 

amendment to the bill. The amendment makes it clear that the 

provision in the bill requiring the Secretary, in administering 

water resources on the refuge, to use decreed water rights on the 

refuge in approximately the same manner that the water rights 

have been used historically, is subject to existing agreements and 

must be consistent with the purposes of the refuge. 

SECTION-BY-SECTION ANALYSIS

Section 1 amends section 6 of the Great Sand Dunes National 

Park and Preserve Act of 2000 by adding a purpose for the Baca 

National Wildlife Refuge. This section also requires the Secretary, 

in administering water resources on the refuge, to use decreed 

water rights on the refuge in approximately the same manner that 

the water rights have been used historically, subject to any agreement in existence and to the extent consistent with the purposes 

of the refuge. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 127—A bill to amend the Great Sand Dunes National Park and 

Preserve Act of 2000 to explain the purpose and provide for the 

administration of the Baca National Wildlife Refuge 

S. 127 would specify that the purpose of the Baca National Wildlife Refuge in Colorado is to restore and maintain habitats for naVerDate Aug 31 2005 04:07 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR284.XXX SR284

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tive wildlife, plants, and fish in the San Luis Valley. The bill also 

would clarify that the Department of the Interior shall continue to 

use water rights for the refuge as it has in the past. 

CBO estimates that enacting S. 127 would have no effect on refuge operating costs or other discretionary spending because the legislation clarifies existing law and refuge practice. Enacting S. 127 

would not affect direct spending or revenues. 

S. 127 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 127. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 127, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 127, as reported, does not contain any congressionally directed 

spending items, limited tax benefits, or limited tariff benefits as defined by rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the September 11, 2007 hearing follows: 

STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and Members of the Subcommittee, thank 

you for the opportunity to testify today on behalf of the 

Administration on a number of bills. 

S. 127 TO AMEND THE GREAT SAND DUNES NATIONAL PARK

AND PRESERVE ACT OF 2000

S. 127 would amend the Great Sand Dunes National 

Park and Preserve Act of 2000 to explain the purpose and 

provide for the administration of the Baca National Wildlife Refuge in Colorado. The Administration supports this 

bill if amended. The bill amends earlier legislation by affirmatively establishing a purpose statement for the Refuge. 

The Fish and Wildlife Service is currently managing the 

refuge under a Conceptual Management Plan finalized in 

2005. The Plan noted that the refuge’s authorizing legislaVerDate Aug 31 2005 04:07 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR284.XXX SR284

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tion did not state a purpose and proposed language similar 

to that of S. 127. Specifically, S. 127 would explicitly define 

the purpose of the refuge as, ‘‘. . . to restore, enhance, and 

maintain wetland, upland, riparian, and other habitats for 

native wildlife, plant, and fish species in the San Luis Valley.’’ The Service would also be required to emphasize migratory bird conservation and manage the refuge in concert with broader landscape scale conservation efforts. 

The bill also includes a language requiring the Service 

to manage water on the refuge in approximately the same 

manner as has occurred historically. While this is the current intent of the Fish and Wildlife Service, such a requirement could be read to run counter to the purpose of 

the refuge and the sustainability of the wildlife, plant, and 

fish species and their habitat for which the refuge was established. As discussed below, for this reason we recommend a clarifying amendment to this language. 

BACKGROUND ON BACA NATIONAL WILDLIFE REFUGE

The Baca National Wildlife Refuge is located in 

Saguache and Alamosa Counties in the San Luis Valley of 

south-central Colorado. The approved acquisition boundary 

includes 92,500 acres of wetlands, desert shrub grasslands, 

and riparian lands and abuts lands managed by other conservation agencies and organizations, including the National Park Service, the U.S. Forest Service, and The Nature Conservancy. Other land features included within the 

refuge include stabilized sand dunes, intermittent streams, 

and approximately 20,000 acres of wetland basins, many of 

which are maintained through irrigation practices with decreed water rights. The refuge is administered as a unit of 

the San Luis Valley National Wildlife Refuge Complex, 

which includes the Alamosa and Monte Vista refuges, and 

other smaller units throughout the Valley. 

The refuge’s wetlands are an integral part of a larger 

wetlands complex that constitutes the largest and most diverse assemblage of wetlands in the State of Colorado. 

Several bird species of conservation concern, such as 

White-faced ibis, rely on the Baca’s wetlands for key foraging areas during the breeding season. Waterfowl and 

other water birds heavily utilize wetlands and other habitats on the refuge at various times of year, especially during the nesting season. Native fish species, including a recently discovered population of Rio Grande chub, which is 

listed by the State of Colorado as species of concern, and 

the Rio Grande sucker, listed by the State as endangered, 

live on the refuge in small streams draining from the 

Sangre de Cristo Range. Elk, mule deer, and pronghorn 

also use the refuge. 

To date, the Service has acquired 57,000 acres of feetitle land, and, in cooperation with neighboring landowners, is managing an additional 27,000 acres within the 

acquisition boundary. 

The refuge was authorized by Congress in 2000 as part 

of the larger creation of the Great Sand Dunes National 


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Park and Preserve. While Congress did direct the Secretary of the Interior, acting through the Service, to administer the refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 and the 

Refuge Recreation Act of 1962, and specified certain water 

management requirements, no formal purpose for the refuge was provided. 

Typically, national wildlife refuges, when established by 

Congress or by Executive action, are assigned a primary 

purpose that gives the Service clear management direction 

for the refuge. For example, many refuges have as their 

purpose the conservation of migratory birds. Others were 

established primarily for big game, or the conservation of 

species protected by the Endangered Species Act. In recent 

years, an increasing number of refuges have been established in urban areas to promote environmental education. 

Numerous refuges have multiple purposes. 

It is important to note that these primary purposes do 

not necessarily preclude other management activities, including public use. Rather, they give refuge managers a 

framework for planning and implementing management 

activities, including long-range conservation planning to 

compatibility determinations, both of which were key provisions of the 1997 amendments to the 1966 Refuge Administration Act. 

Designating purposes for the Baca National Wildlife Refuge is also necessary because the refuge is part of a larger 

public lands complex, comprised of multiple federal jurisdictions, which is in turn situated on a landscape with diverse land ownership status. Because refuges, by definition, are unique in their ‘‘wildlife first’’ approach to land 

management, it is important for the Service to be able to 

communicate with other area landowners, both public and 

private, as well as the general public about the purposes 

for which the Service will manage the Baca, as well as the 

overarching mission of the National Wildlife Refuge System. 

WATER USE REQUIREMENT

The only change the Administration recommends to the 

bill as currently written does not involve the purpose 

statement of the refuge but the provision at section 1(3), 

which would require the Secretary of Interior, in administering water resources on the refuge to ‘‘use decreed 

water rights on the Refuge in approximately the same 

manner that the water rights have been used historically.’’

As noted above, historically, water has been used to irrigate lands now included in the Baca National Wildlife Refuge. The Service expects to continue to manage the land 

in such a fashion, however, the document that will guide 

the future of the refuge is a Comprehensive Conservation 

Plan (CCP). While this plan will not be finished for a number of years, the refuge will be operating under the current 

Plan and provide for ‘‘compatible’’ uses as provided by the 

National Wildlife Refuge System Improvement Act. The reVerDate Aug 31 2005 04:07 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR284.XXX SR284

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quirement of S. 127 to use ‘‘decreed water in approximately the same manner’’ as it has been used historically 

could restrict the options for future management actions 

available to the Service in developing the CCP. 

Additionally, there is a pre-existing water service agreement between the Service and the Baca Grande Water and 

Sanitation District associated with the refuge. This agreement obligates the Service to lease up to 4,000 acre-feet of 

water rights—which the Service acquired along with the 

refuge—to the District. Currently, there are several wells 

on the refuge that are decreed for irrigation. Under the 

terms of the agreement, if the District requests the full 

amount of water to which they are entitled, the Service 

will need to change the decreed use of these wells from irrigation to municipal to fulfill the District’s request. Because the Service must file in State water court to change 

the decreed use of these wells from irrigation to municipal, 

we wish to avoid any potential conflict between 5.127 and 

future state water court proceedings. 

For these reasons, we recommend amending the bill to 

include the following italicized language: 

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘and’’ at the 

end; 

(B) in paragraph (2), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) subject to existing agreements and to the extent 

it does not interfere with refuge purposes, use decreed 

water rights on the Refuge in approximately the same 

manner that the water rights have been used historically.’’. 

Mr. Chairman and Members of the Subcommittee, this 

concludes my prepared testimony on S. 127. I would like 

to extend our appreciation to you and the rest of the Subcommittee, especially Senator Salazar, for your leadership 

and support for the National Wildlife Refuge System and 

for landscape conservation efforts in the San Luis Valley. 

I would be happy to respond to any questions you may 

have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

127 as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 


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GREAT SAND DUNES NATIONAL PARK AND PRESERVE 

ACT OF 2000 

(Public Law 106–530) 

AN ACT To provide for the establishment of the Great Sand Dunes National Park 

and Preserve and the Baca National Wildlife Refuge in the State of Colorado, 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. 

This Act may be cited as the ‘‘Great Sand Dunes National Park 

and Preserve Act of 2000.’’

* * * * * * * 

SEC. 6. BACA NATIONAL WILDLIFE REFUGE, COLORADO. 

ø(a) ESTABLISHMENT.—(1) When¿ (a) ESTABLISHMENT AND PUR- POSE.—

(1) ESTABLISHMENT.— (A) IN GENERAL.—When the Secretary determines that 

sufficient land has been acquired to constitute an area that 

can be efficiently managed as a National Wildlife Refuge, 

the Secretary shall establish the Baca National Wildlife 

Refuge, as generally depicted on the map. 

ø(2) SUCH ESTABLISHMENT¿ (B) EFFECTIVE DATE.—The establishment of the refuge under subparagraph (A) shall be effective upon publication of a notice of the Secretary’s determination in the Federal Register. 

(2) PURPOSE.—The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, 

riparian, and other habitats for native wildlife, plant, and fish 

species in the San Luis Valley. 

(b) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the United 

States Fish and Wildlife Service. 

(c) ADMINISTRATION.—øThe Secretary¿ (1) IN GENERAL.—The Secretary shall administer all lands and interests therein acquired 

within the boundaries of the national wildlife refuge in accordance 

with the National Wildlife Refuge System Administration Act of 

1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 

(16 U.S.C. 460k et seq.) (commonly known as the Refuge Recreation Act). 

(2) REQUIREMENTS.—In administering the Baca National Wildlife 

Refuge, the Secretary shall, to the maximum extent practicable— (A) emphasize migratory bird conservation; and 

(B) take into consideration the role of the Refuge in broader 

landscape conservation efforts. 

(d) PROTECTION OF WATER RESOURCES.—In administering water 

resources for the national wildlife refuge, the Secretary shall—

(1) protect and maintain irrigation water rights necessary for 

the protection of monument, park, preserve, and refuge resources and uses; øand¿ 

(2) minimize, to the extent consistent with the protection of 

national wildlife refuge resources, adverse impacts on other 

water usersø.¿; and 


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(3) subject to any agreement in existence as of the date of enactment of this paragraph, and to the extent consistent with the 

purposes of the Refuge, use decreed water rights on the Refuge 

in approximately the same manner that the water rights have 

been used historically. 

* * * * * * * 

Æ 


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