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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2547 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2547

To provide for the establishment of the Great Sand Dunes National Park 
 and the Great Sand Dunes National Preserve in the State of Colorado, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2000

  Mr. Allard (for himself and Mr. Campbell) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To provide for the establishment of the Great Sand Dunes National Park 
 and the Great Sand Dunes National Preserve 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 Act 
of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Great Sand Dunes National Monument in the State of 
        Colorado was established by Presidential proclamation in 1932 
        to preserve Federal land containing spectacular and unique sand 
        dunes and additional features of scenic, scientific, and 
        educational interest (including the unique pulse flow 
        characteristics of Sand Creek and Medano Creek, which are 
        integral to the existence of the dunes system);
            (2) the Great Sand Dunes, together with the associated sand 
        sheet and adjacent wetland and upland, contain a variety of 
        unique ecological, geological, paleontological, archaeological, 
        scenic, historical, and wildlife components, which--
                    (A) are enhanced by the serenity and rural western 
                setting of the area; and
                    (B) comprise a setting of irreplaceable national 
                significance;
            (3) the Great Sand Dunes and adjacent land within the Great 
        Sand Dunes National Monument--
                    (A) provide extensive opportunities for educational 
                activities, ecological research, and recreational 
                activities; and
                    (B) are publicly used for hiking, camping, and 
                fishing, and for wilderness value (including solitude);
            (4) other public and private land adjacent to the Great 
        Sand Dunes National Monument--
                    (A) offers additional unique geological, 
                hydrological, paleontological, scenic, scientific, 
                educational, wildlife, and recreational resources; and
                    (B) contributes to the protection of--
                            (i) the sand sheet associated with the dune 
                        mass;
                            (ii) the ground water system on which the 
                        features of the dunes and the adjacent wetland 
                        rely; and
                            (iii) the wildlife, viewshed, and scenic 
                        qualities of the Great Sand Dunes National 
                        Monument;
            (5) some of the private land described in paragraph (4) 
        contains important portions of the sand dune mass, the 
        associated sand sheet, and unique alpine environments, which 
        would be threatened by future development pressures;
            (6) the designation of a Great Sand Dunes National Park, 
        which would encompass the Great Sand Dunes National Monument 
        and additional land, would provide--
                    (A) greater long-term protection of the geological, 
                hydrological, paleontological, scenic, scientific, 
                educational, wildlife, and recreational resources of 
                the area (including the sand sheet associated with the 
                dune mass and the ground water system on which the sand 
                dune and wetland systems depend); and
                    (B) expanded visitor use opportunities; and
            (7) land in and adjacent to the Great Sand Dunes National 
        Monument is--
                    (A) recognized for offering exceptional multiple 
                use opportunities;
                    (B) recognized for offering natural, ecological, 
                cultural, scenic, paleontological, wilderness, and 
                recreational resources;
                    (C) recognized as being a fragile and irreplaceable 
                ecological system that could be destroyed if not 
                carefully protected; and
                    (D) worthy of consideration for additional 
                protection.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the Great Sand Dunes National Park Advisory Council established 
        under section 8(a).
            (2) National park.--The term ``national park'' means the 
        Great Sand Dunes National Park established under section 4(a).
            (3) Park and preserve map.--The term ``park and preserve 
        map'' means the map entitled ``Great Sand Dunes National Park 
        and Preserve'', dated March 17, 2000.
            (4) Park resources.--The term ``park resources'' means the 
        resources described in section 2.
            (5) Park uses.--The term ``park uses'' means the uses 
        described in section 2.
            (6) Preserve.--
                    (A) In general.--The term ``preserve'' means the 
                Great Sand Dunes National Preserve established under 
                section 4(b).
                    (B) Inclusions.--The term ``preserve'' includes 
                Federal land and interests in Federal land that are 
                administered by the National Park Service in the 
                vicinity of the national park, but outside the 
                boundaries of the national park.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. GREAT SAND DUNES NATIONAL PARK AND GREAT SAND DUNES NATIONAL 
              PRESERVE, COLORADO.

    (a) Great Sand Dunes National Park.--
            (1) Establishment.--
                    (A) In general.--The Secretary may establish the 
                Great Sand Dunes National Park in the State of 
                Colorado, as generally depicted on the park and 
                preserve map, as a unit of the National Park System.
                    (B) Availability of map.--The park and preserve map 
                shall be on file and available for public inspection in 
                the offices of the Department of the Interior.
            (2) Establishment required.--
                    (A) In general.--Notwithstanding paragraph (1), the 
                Secretary shall establish the national park as soon as 
                the Secretary determines that sufficient land having a 
                sufficient diversity of resources has been acquired to 
                warrant designation of the land as a unit of the 
                National Park System.
                    (B) Notification.--Until the date on which the 
                national park is established, the Secretary shall 
                annually notify the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Resources 
                of the House of Representatives of--
                            (i) the estimate of the Secretary of the 
                        acreage necessary to achieve a sufficient 
                        diversity of resources to warrant designation 
                        of the national park; and
                            (ii) the progress of the Secretary in 
                        acquiring that acreage.
            (3) Inclusion of national monument.--
                    (A) In general.--The Secretary shall include the 
                Great Sand Dunes National Monument in the national 
                park.
                    (B) Availability of funds.--On the date of 
                establishment of the national park, any funds made 
                available for the purposes of the national monument 
                shall be available for the purposes of the national 
                park.
                    (C) Termination of monument.--The Great Sand Dunes 
                National Monument shall terminate on the date on which 
                the national park is established.
    (b) Preserve.--
            (1) Establishment.--The Secretary may establish the Great 
        Sand Dunes National Preserve in the State of Colorado, as 
        generally depicted on the park and preserve map, as a unit of 
        the National Park System.
            (2) Inclusions.--To protect park resources and park uses, 
        the Secretary may include in the preserve any Federal land 
        adjacent to the national park that may be managed in 
        conjunction with the national park.
    (c) Transfer of Jurisdiction.--
            (1) Department of the interior land.--The Secretary shall 
        transfer to the National Park Service administrative 
        jurisdiction over any land under the jurisdiction of Department 
        of the Interior that--
                    (A) is depicted on the park and preserve map as 
                being within the boundaries of the national park or the 
                preserve; and
                    (B) is not under the administrative jurisdiction of 
                the National Park Service on the date of enactment of 
                this Act.
            (2) Forest service land.--The Secretary and the Secretary 
        of Agriculture may--
                    (A) transfer to the National Park Service 
                administrative jurisdiction over the Forest System land 
                depicted on the park and preserve map that is within 
                the boundaries of the national park or the preserve; 
                and
                    (B) transfer to the Forest Service administrative 
                jurisdiction over any land depicted on the park and 
                preserve map that is--
                            (i) under the jurisdiction of Department of 
                        the Interior; and
                            (ii) suitable for inclusion in the Rio 
                        Grande National Forest.
            (3) Public notice and input.--The Secretary and the 
        Secretary of Agriculture shall ensure that any agreement to 
        transfer land under paragraph (2) is based on adequate public 
        notice and comment.
    (d) Map and Legal Description.--
            (1) In general.--As soon as practicable after the 
        establishment of the national park and the preserve, the 
        Secretary shall file maps and a legal description of the 
        national park and the preserve with the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Resources 
        of the House of Representatives.
            (2) Force and effect.--The maps and legal description shall 
        have the same force and effect as if included in this Act, 
        except that the Secretary may correct clerical and 
        typographical errors in the legal description and maps.
            (3) Public availability.--The maps and legal description 
        shall be on file and available for public inspection in the 
        appropriate offices of the National Park Service.

SEC. 5. ADMINISTRATION OF NATIONAL PARK AND PRESERVE.

    (a) Applicability of National Park System Laws.--The Secretary 
shall administer the national park and the preserve in accordance 
with--
            (1) this Act; and
            (2) all laws generally applicable to units of the National 
        Park System, including--
                    (A) the Act entitled ``An Act to establish a 
                National Park Service, and for other purposes'', 
                approved August 25, 1916 (16 U.S.C. 1 et seq.); and
                    (B) the Act entitled ``An Act to provide for the 
                preservation of historic American sites, buildings, 
                objects, and antiquities of national significance, and 
                for other purposes'', approved August 21, 1935 (16 
                U.S.C. 461 et seq.).
    (b) Protection of Hydrologic Regime.--In administering the national 
park and the preserve, the Secretary shall--
            (1) protect and maintain the balance in the hydrologic 
        regime necessary for the protection of park resources and park 
        uses; and
            (2) minimize, to the extent consistent with park 
        protection, adverse impacts on adjacent communities and 
        wetlands.
    (c) Grazing.--
            (1) Non-federal land.--The Secretary shall not prohibit 
        grazing on non-Federal land located within the boundaries of 
        the national park and the preserve.
            (2) Federal land.--
                    (A) Acquired state or private land.--With respect 
                to former State or private land that has been acquired 
                for the national park and the preserve, the Secretary, 
                in consultation with the lessee, may permit the 
                continuation of grazing on the land, subject to 
                applicable law (including regulations).
                    (B) Other federal land.--With respect to land that 
                is Federal land as of the date of enactment of this Act 
                and that is located within the boundaries of the 
                national park and the preserve, the Secretary shall 
                prohibit grazing on the land if the Secretary 
                determines that grazing would harm the resources or 
                values of the national park or the preserve.
    (d) Hunting, Fishing, and Trapping.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall permit hunting, fishing, and trapping on land 
        and water within the preserve in accordance with applicable 
        Federal and State laws.
            (2) Administrative exceptions.--The Secretary may designate 
        areas where, and establish limited periods when, no hunting, 
        fishing, or trapping shall be permitted under paragraph (1) for 
        reasons of public safety, administration, or compliance with 
        applicable law.
            (3) Agency agreement.--Except in an emergency, regulations 
        closing areas within the preserve to hunting, fishing, or 
        trapping under this subsection shall become effective only with 
        the agreement of the appropriate agency of the State of 
        Colorado having responsibility for fish and wildlife 
        administration.
            (4) Rules of construction.--Nothing in this Act--
                    (A) affects any jurisdiction or responsibility of 
                the State of Colorado with respect to fish and wildlife 
                on Federal land and water covered by this Act; or
                    (B) authorizes the Secretary to require a Federal 
                permit to hunt, fish, or trap on Federal land and water 
                covered by this Act.
    (e) Closed Basin Division, San Luis Valley Project.--Any feature of 
the Closed Basin Division, San Luis Valley Project, located within the 
boundaries of the national park or the preserve, including any well, 
pump, road, easement, pipeline, canal, ditch, power line, power supply 
facility, or any other project facility, and the operation, 
maintenance, repair, and replacement of such a feature--
            (1) shall not be affected by this Act; and
            (2) shall continue to be the responsibility of, and be 
        operated by, the Bureau of Reclamation in accordance with title 
        I of the Reclamation Project Authorization Act of 1972 (43 
        U.S.C. 615aaa et seq.).
    (f) Wilderness Protection.--
            (1) In general.--Nothing in this Act alters the wilderness 
        designation of any land within the boundaries of the national 
        park or the preserve.
            (2) Administration.--All areas designated as wilderness 
        within the national park and the preserve on the date of 
        enactment of this Act shall remain subject to the Wilderness 
        Act (16 U.S.C. 1131 et seq.).
    (g) Withdrawal.--On the date of enactment of this Act, subject to 
valid existing rights, all Federal land depicted on the park and 
preserve map as being located within the boundaries of the national 
park or the preserve 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) disposition under all laws relating to mineral and 
        geothermal leasing.

SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY ADJUSTMENTS.

    (a) Acquisition Authority.--
            (1) In general.--The Secretary may acquire non-Federal land 
        and water (including interests in non-Federal land or water) 
        for inclusion in the national park or the preserve, including--
                    (A) land or water, or interests in land or water, 
                owned by the State of Colorado; and
                    (B) other land depicted on the park and preserve 
                map as being suitable for acquisition by the Secretary 
                for inclusion in the park or the preserve.
            (2) Boundary adjustment.--As soon as practicable after the 
        establishment of the national park and the preserve, the 
        Secretary shall modify the boundary of the national park and 
        preserve to include any land or interest acquired under this 
        subsection.
    (b) Luis Maria Baca Grant No. 4.--
            (1) Acquisition authority.--The Secretary may negotiate for 
        and acquire all or any appropriate portion of the Luis Maria 
        Baca Grant No. 4, as depicted on the park and preserve map.
            (2) Treatment of acquired land.--
                    (A) Fish and wildlife administration.--In the case 
                of any portion of the Luis Maria Baca Grant No. 4 
                acquired under paragraph (1) that is depicted in Zone A 
                of the park and preserve map, the Secretary, 
acting through the United States Fish and Wildlife Service, shall 
administer the acquired land as a unit of the National Wildlife Refuge 
System.
                    (B) Forest service administration.--
                            (i) In general.--In the case of any portion 
                        of the Luis Maria Baca Grant No. 4 acquired 
                        under paragraph (1) that is depicted in Zone B 
                        of the park and preserve map, the Secretary 
                        shall transfer the acquired land to the 
                        administrative jurisdiction of the Forest 
                        Service, as provided in section 4(c), for 
                        management consistent with this Act.
                            (ii) Land and water conservation fund.--For 
                        the purposes of section 7 of the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-
                        9), the boundaries of the Rio Grande National 
                        Forest, as revised by the transfer of land 
                        under this subparagraph or section 4(c), shall 
                        be considered to be the boundaries of the 
                        national forest.
                    (C) Inclusion in national park.--The Secretary 
                shall include in the national park all portions of the 
                Luis Maria Baca Grant No. 4 that--
                            (i) are acquired under paragraph (1); and
                            (ii) are not described in subparagraph (A) 
                        or (B).
    (c) Authorized Methods of Acquisition.--Any interest in land or 
water may be acquired under this section by--
            (1) donation;
            (2) purchase from willing sellers with donated or 
        appropriated funds; or
            (3) exchange.
    (d) Administration.--The Secretary shall administer any non-Federal 
land, water, or interest in land or water acquired under this section 
in accordance with section 5, except in the case of land described in 
subsection (b)(2)(B).
    (e) Hunting, Fishing, and Trapping on Non-Federal Land.--
            (1) No prohibition.--The Secretary shall not prohibit 
        hunting, fishing, or trapping on non-Federal land located 
        within the boundaries of the national park.
            (2) Termination of authority.--On the date on which the 
        United States acquires fee ownership of a parcel of non-Federal 
        land described in paragraph (1), the restriction under that 
        paragraph shall terminate with respect to the parcel.

SEC. 7. WATER RIGHTS.

    (a) San Luis Valley Protection, Colorado.--Section 1501(a) of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (Public 
Law 102-575; 106 Stat. 4663) is amended by striking paragraph (3) and 
inserting the following:
            ``(3) adversely affect the purposes of--
                    ``(A) the Great Sand Dunes National Monument;
                    ``(B) the Great Sands Dunes National Park 
                (including purposes relating to all water, water 
                rights, and water-dependent resources within the park);
                    ``(C) the Great Sand Dunes National Preserve 
                (including purposes relating to all water, water 
                rights, and water-dependent resources within the 
                preserve); and
                    ``(D) any Federal land adjacent to any area 
                described in subparagraphs (A), (B), or (C).''.
    (b) Effect on Water Rights.--
            (1) In general.--Subject to the amendment made by 
        subsection (a), nothing in this Act affects--
                    (A) the use, allocation, and State jurisdiction, in 
                existence on the date of enactment of this Act, over--
                            (i) water;
                            (ii) any existing water right and 
                        development;
                            (iii) any water law;
                            (iv) any compact; or
                            (v) any other valid existing right; or
                    (B) any vested absolute or decreed conditional 
                water right in existence before the date of enactment 
                of this Act, including any water right held by the 
                United States.
            (2) No interference.--In carrying out this Act, the 
        Secretary shall obtain and exercise any water right--
                    (A) in accordance with Federal and State law; and
                    (B) without interfering with any diversion, 
                storage, or use of water for a non-Federal purpose in 
                the San Luis Valley, Colorado, that is in existence on 
the date of enactment of this Act.
    (c) Forest Service Water Rights.--To the extent that a water right 
is established or acquired by the United States for the Rio Grande 
National Forest, the water right shall--
            (1) be considered to be of equal use and value for the 
        national preserve; and
            (2) retain its priority and purpose when included in the 
        national preserve.
    (d) National Monument Water Rights.--To the extent that a water 
right has been established or acquired by the United States for the 
Great Sand Dunes National Monument, the water right shall--
            (1) be considered to be of equal use and value for the 
        national park; and
            (2) retain its priority and purpose when included in the 
        national park.
    (e) Water Rights and Water Resources on Luis Maria Baca Grant No. 
4.--
            (1) In general.--
                    (A) Location.--If, and to the extent that, the Luis 
                Maria Baca Grant No. 4 is acquired, all water rights 
                and water resources associated with the Luis Maria Baca 
                Grant No. 4 shall be restricted for use only within--
                            (i) the national park;
                            (ii) the preserve; or
                            (iii) the immediately surrounding areas of 
                        Alamosa or Saguache Counties, Colorado.
                    (B) Use.--Water rights and water resources 
                described in subparagraph (A) shall be restricted for 
                use in--
                            (i) the protection of park resources and 
                        park values;
                            (ii) fish and wildlife management and 
                        protection; or
                            (iii) irrigation, except as provided in the 
                        memorandum of water service agreement and the 
                        water service agreement between the Cabeza de 
                        Vaca Land and Cattle Company, LLC, and Baca 
                        Grande Water and Sanitation District, dated 
                        August 28, 1997.
            (2) State authority.--If and to the extent that, water 
        rights associated with the Luis Maria Baca Grant No. 4 are 
        acquired, the use of those water rights shall be changed only 
        in accordance with the laws of the State of Colorado.
    (f) Protection of Water Resources.--The Secretary shall take such 
actions as are within the authority of the Secretary to ensure that any 
new or additional water development in the San Luis Valley aquifers is 
consistent with the protection and maintenance of the hydrologic 
balance necessary for preservation of park resources and park uses.

SEC. 8. ADVISORY COUNCIL.

    (a) Establishment.--The Secretary shall establish an advisory 
council to be known as the ``Great Sand Dunes National Park Advisory 
Council''.
    (b) Duty.--The Advisory Council shall advise the Secretary with 
respect to preparation and implementation of a management plan for the 
national park and the preserve.
    (c) Applicable Law.--The Advisory Council shall function in 
accordance with--
            (1) this Act;
            (2) the Federal Advisory Committee Act (5 U.S.C. App.); and
            (3) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
    (d) Members.--The Advisory Council shall consist of 10 members, to 
be appointed by the Secretary, as follows:
            (1) 1 member of, or nominated by, the Alamosa County 
        Commission.
            (2) 1 member of, or nominated by, the Saguache County 
        Commission.
            (3) 1 member of, or nominated by, the Friends of the Dunes 
        Organization.
            (4) 7 members residing in, or within reasonable proximity 
        to, the San Luis Valley, who have recognized backgrounds 
        reflecting--
                    (A) the purposes for which the national park and 
                the preserve are established; and
                    (B) the interests of persons that will be affected 
                by the planning and management of the national park and 
                the preserve.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>
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