II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Great Sand Dunes Na5 tional Park Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the Great Sand Dunes National Monument

9 in the State of Colorado was established by Presi-
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1 dential proclamation in 1932 to preserve Federal

2 land containing spectacular and unique sand dunes

3 and additional features of scenic, scientific, and edu4 cational interest (including the unique pulse flow

5 characteristics of Sand Creek and Medano Creek,

6 which are integral to the existence of the dunes sys7 tem);

8 (2) the Great Sand Dunes, together with the

9 associated sand sheet and adjacent wetland and up10 land, contain a variety of unique ecological, geologi11 cal, paleontological, archaeological, scenic, historical,

12 and wildlife components, which—

13 (A) are enhanced by the serenity and rural

14 western setting of the area; and

15 (B) comprise a setting of irreplaceable na16 tional significance;

17 (3) the Great Sand Dunes and adjacent land

18 within the Great Sand Dunes National Monument—

19 (A) provide extensive opportunities for

20 educational activities, ecological research, and

21 recreational activities; and

22 (B) are publicly used for hiking, camping,

23 and fishing, and for wilderness value (including

24 solitude);
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1 (4) other public and private land adjacent to

2 the Great Sand Dunes National Monument—

3 (A) offers additional unique geological,

4 hydrological, paleontological, scenic, scientific,

5 educational, wildlife, and recreational resources;

6 and

7 (B) contributes to the protection of—

8 (i) the sand sheet associated with the

9 dune mass;

10 (ii) the ground water system on which

11 the features of the dunes and the adjacent

12 wetland rely; and

13 (iii) the wildlife, viewshed, and scenic

14 qualities of the Great Sand Dunes Na15 tional Monument;

16 (5) some of the private land described in para17 graph (4) contains important portions of the sand

18 dune mass, the associated sand sheet, and unique al19 pine environments, which would be threatened by fu20 ture development pressures;

21 (6) the designation of a Great Sand Dunes Na22 tional Park, which would encompass the Great Sand

23 Dunes National Monument and additional land,

24 would provide—
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1 (A) greater long-term protection of the ge2 ological, hydrological, paleontological, scenic,

3 scientific, educational, wildlife, and recreational

4 resources of the area (including the sand sheet

5 associated with the dune mass and the ground

6 water system on which the sand dune and wet7 land systems depend); and

8 (B) expanded visitor use opportunities; and

9 (7) land in and adjacent to the Great Sand

10 Dunes National Monument is—

11 (A) recognized for offering exceptional

12 multiple use opportunities;

13 (B) recognized for offering natural, eco14 logical, cultural, scenic, paleontological, wilder15 ness, and recreational resources;

16 (C) recognized as being a fragile and irre17 placeable ecological system that could be de18 stroyed if not carefully protected; and

19 (D) worthy of consideration for additional

20 protection.

21 SEC. 3. DEFINITIONS.

22 In this Act:

23 (1) ADVISORY COUNCIL.—The term ‘‘Advisory

24 Council’’ means the Great Sand Dunes National
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1 Park Advisory Council established under section

2 8(a).

3 (2) NATIONAL PARK.—The term ‘‘national

4 park’’ means the Great Sand Dunes National Park

5 established under section 4(a).

6 (3) PARK AND PRESERVE MAP.—The term

7 ‘‘park and preserve map’’ means the map entitled

8 ‘‘Great Sand Dunes National Park and Preserve’’,

9 dated March 17, 2000.

10 (4) PARK RESOURCES.—The term ‘‘park re11 sources’’ means the resources described in section 2.

12 (5) PARK USES.—The term ‘‘park uses’’ means

13 the uses described in section 2.

14 (6) PRESERVE.—

15 (A) IN GENERAL.—The term ‘‘preserve’’

16 means the Great Sand Dunes National Preserve

17 established under section 4(b).

18 (B) INCLUSIONS.—The term ‘‘preserve’’

19 includes Federal land and interests in Federal

20 land that are administered by the National

21 Park Service in the vicinity of the national

22 park, but outside the boundaries of the national

23 park.

24 (7) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
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1 SEC. 4. GREAT SAND DUNES NATIONAL PARK AND GREAT

2 SAND DUNES NATIONAL PRESERVE, COLO3 RADO.

4 (a) GREAT SAND DUNES NATIONAL PARK.—

5 (1) ESTABLISHMENT.—

6 (A) IN GENERAL.—The Secretary may es7 tablish the Great Sand Dunes National Park in

8 the State of Colorado, as generally depicted on

9 the park and preserve map, as a unit of the Na10 tional Park System.

11 (B) AVAILABILITY OF MAP.—The park and

12 preserve map shall be on file and available for

13 public inspection in the offices of the Depart14 ment of the Interior.

15 (2) ESTABLISHMENT REQUIRED.—

16 (A) IN GENERAL.—Notwithstanding para17 graph (1), the Secretary shall establish the na18 tional park as soon as the Secretary determines

19 that sufficient land having a sufficient diversity

20 of resources has been acquired to warrant des21 ignation of the land as a unit of the National

22 Park System.

23 (B) NOTIFICATION.—Until the date on

24 which the national park is established, the Sec25 retary shall annually notify the Committee on

26 Energy and Natural Resources of the Senate
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1 and the Committee on Resources of the House

2 of Representatives of—

3 (i) the estimate of the Secretary of

4 the acreage necessary to achieve a suffi5 cient diversity of resources to warrant des6 ignation of the national park; and

7 (ii) the progress of the Secretary in

8 acquiring that acreage.

9 (3) INCLUSION OF NATIONAL MONUMENT.—

10 (A) IN GENERAL.—The Secretary shall in11 clude the Great Sand Dunes National Monu12 ment in the national park.

13 (B) AVAILABILITY OF FUNDS.—On the

14 date of establishment of the national park, any

15 funds made available for the purposes of the

16 national monument shall be available for the

17 purposes of the national park.

18 (C) TERMINATION OF MONUMENT.—The

19 Great Sand Dunes National Monument shall

20 terminate on the date on which the national

21 park is established.

22 (b) PRESERVE.—

23 (1) ESTABLISHMENT.—The Secretary may es24 tablish the Great Sand Dunes National Preserve in

25 the State of Colorado, as generally depicted on the
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1 park and preserve map, as a unit of the National

2 Park System.

3 (2) INCLUSIONS.—To protect park resources

4 and park uses, the Secretary may include in the pre5 serve any Federal land adjacent to the national park

6 that may be managed in conjunction with the na7 tional park.

8 (c) TRANSFER OF JURISDICTION.—

9 (1) DEPARTMENT OF THE INTERIOR LAND.—

10 The Secretary shall transfer to the National Park

11 Service administrative jurisdiction over any land

12 under the jurisdiction of Department of the Interior

13 that—

14 (A) is depicted on the park and preserve

15 map as being within the boundaries of the na16 tional park or the preserve; and

17 (B) is not under the administrative juris18 diction of the National Park Service on the date

19 of enactment of this Act.

20 (2) FOREST SERVICE LAND.—The Secretary

21 and the Secretary of Agriculture may—

22 (A) transfer to the National Park Service

23 administrative jurisdiction over the Forest Sys24 tem land depicted on the park and preserve
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1 map that is within the boundaries of the na2 tional park or the preserve; and

3 (B) transfer to the Forest Service adminis4 trative jurisdiction over any land depicted on

5 the park and preserve map that is—

6 (i) under the jurisdiction of Depart7 ment of the Interior; and

8 (ii) suitable for inclusion in the Rio

9 Grande National Forest.

10 (3) PUBLIC NOTICE AND INPUT.—The Sec11 retary and the Secretary of Agriculture shall ensure

12 that any agreement to transfer land under para13 graph (2) is based on adequate public notice and

14 comment.

15 (d) MAP AND LEGAL DESCRIPTION.—

16 (1) IN GENERAL.—As soon as practicable after

17 the establishment of the national park and the pre18 serve, the Secretary shall file maps and a legal de19 scription of the national park and the preserve with

20 the Committee on Energy and Natural Resources of

21 the Senate and the Committee on Resources of the

22 House of Representatives.

23 (2) FORCE AND EFFECT.—The maps and legal

24 description shall have the same force and effect as

25 if included in this Act, except that the Secretary
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1 may correct clerical and typographical errors in the

2 legal description and maps.

3 (3) PUBLIC AVAILABILITY.—The maps and

4 legal description shall be on file and available for

5 public inspection in the appropriate offices of the

6 National Park Service.

7 SEC. 5. ADMINISTRATION OF NATIONAL PARK AND PRE8 SERVE.

9 (a) APPLICABILITY OF NATIONAL PARK SYSTEM

10 LAWS.—The Secretary shall administer the national park

11 and the preserve in accordance with—

12 (1) this Act; and

13 (2) all laws generally applicable to units of the

14 National Park System, including—

15 (A) the Act entitled ‘‘An Act to establish

16 a National Park Service, and for other pur17 poses’’, approved August 25, 1916 (16 U.S.C.

18 1 et seq.); and

19 (B) the Act entitled ‘‘An Act to provide for

20 the preservation of historic American sites,

21 buildings, objects, and antiquities of national

22 significance, and for other purposes’’, approved

23 August 21, 1935 (16 U.S.C. 461 et seq.).
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1 (b) PROTECTION OF HYDROLOGIC REGIME.—In ad2 ministering the national park and the preserve, the Sec3 retary shall—

4 (1) protect and maintain the balance in the hy5 drologic regime necessary for the protection of park

6 resources and park uses; and

7 (2) minimize, to the extent consistent with park

8 protection, adverse impacts on adjacent communities

9 and wetlands.

10 (c) GRAZING.—

11 (1) NON-FEDERAL LAND.—The Secretary shall

12 not prohibit grazing on non-Federal land located

13 within the boundaries of the national park and the

14 preserve.

15 (2) FEDERAL LAND.—

16 (A) ACQUIRED STATE OR PRIVATE

17 LAND.—With respect to former State or private

18 land that has been acquired for the national

19 park and the preserve, the Secretary, in con20 sultation with the lessee, may permit the con21 tinuation of grazing on the land, subject to ap22 plicable law (including regulations).

23 (B) OTHER FEDERAL LAND.—With respect

24 to land that is Federal land as of the date of

25 enactment of this Act and that is located within
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1 the boundaries of the national park and the

2 preserve, the Secretary shall prohibit grazing on

3 the land if the Secretary determines that graz4 ing would harm the resources or values of the

5 national park or the preserve.

6 (d) HUNTING, FISHING, AND TRAPPING.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Secretary shall permit hunting, fish9 ing, and trapping on land and water within the pre10 serve in accordance with applicable Federal and

11 State laws.

12 (2) ADMINISTRATIVE EXCEPTIONS.—The Sec13 retary may designate areas where, and establish lim14 ited periods when, no hunting, fishing, or trapping

15 shall be permitted under paragraph (1) for reasons

16 of public safety, administration, or compliance with

17 applicable law.

18 (3) AGENCY AGREEMENT.—Except in an emer19 gency, regulations closing areas within the preserve

20 to hunting, fishing, or trapping under this sub21 section shall become effective only with the agree22 ment of the appropriate agency of the State of Colo23 rado having responsibility for fish and wildlife ad24 ministration.
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1 (4) RULES OF CONSTRUCTION.—Nothing in

2 this Act—

3 (A) affects any jurisdiction or responsi4 bility of the State of Colorado with respect to

5 fish and wildlife on Federal land and water cov6 ered by this Act; or

7 (B) authorizes the Secretary to require a

8 Federal permit to hunt, fish, or trap on Federal

9 land and water covered by this Act.

10 (e) CLOSED BASIN DIVISION, SAN LUIS VALLEY

11 PROJECT.—Any feature of the Closed Basin Division, San

12 Luis Valley Project, located within the boundaries of the

13 national park or the preserve, including any well, pump,

14 road, easement, pipeline, canal, ditch, power line, power

15 supply facility, or any other project facility, and the oper16 ation, maintenance, repair, and replacement of such a

17 feature—

18 (1) shall not be affected by this Act; and

19 (2) shall continue to be the responsibility of,

20 and be operated by, the Bureau of Reclamation in

21 accordance with title I of the Reclamation Project

22 Authorization Act of 1972 (43 U.S.C. 615aaa et

23 seq.).

24 (f) WILDERNESS PROTECTION.—
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1 (1) IN GENERAL.—Nothing in this Act alters

2 the wilderness designation of any land within the

3 boundaries of the national park or the preserve.

4 (2) ADMINISTRATION.—All areas designated as

5 wilderness within the national park and the preserve

6 on the date of enactment of this Act shall remain

7 subject to the Wilderness Act (16 U.S.C. 1131 et

8 seq.).

9 (g) WITHDRAWAL.—On the date of enactment of this

10 Act, subject to valid existing rights, all Federal land de11 picted on the park and preserve map as being located with12 in the boundaries of the national park or the preserve is

13 withdrawn from—

14 (1) all forms of entry, appropriation, or disposal

15 under the public land laws;

16 (2) location, entry, and patent under the mining

17 laws; and

18 (3) disposition under all laws relating to min19 eral and geothermal leasing.

20 SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY AD21 JUSTMENTS.

22 (a) ACQUISITION AUTHORITY.—

23 (1) IN GENERAL.—The Secretary may acquire

24 non-Federal land and water (including interests in
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1 non-Federal land or water) for inclusion in the na2 tional park or the preserve, including—

3 (A) land or water, or interests in land or

4 water, owned by the State of Colorado; and

5 (B) other land depicted on the park and

6 preserve map as being suitable for acquisition

7 by the Secretary for inclusion in the park or the

8 preserve.

9 (2) BOUNDARY ADJUSTMENT.—As soon as

10 practicable after the establishment of the national

11 park and the preserve, the Secretary shall modify

12 the boundary of the national park and preserve to

13 include any land or interest acquired under this sub14 section.

15 (b) LUIS MARIA BACA GRANT NO. 4.—

16 (1) ACQUISITION AUTHORITY.—The Secretary

17 may negotiate for and acquire all or any appropriate

18 portion of the Luis Maria Baca Grant No. 4, as de19 picted on the park and preserve map.

20 (2) TREATMENT OF ACQUIRED LAND.—

21 (A) FISH AND WILDLIFE ADMINISTRA22 TION.—In the case of any portion of the Luis

23 Maria Baca Grant No. 4 acquired under para24 graph (1) that is depicted in Zone A of the

25 park and preserve map, the Secretary, acting
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1 through the United States Fish and Wildlife

2 Service, shall administer the acquired land as

3 a unit of the National Wildlife Refuge System.

4 (B) FOREST SERVICE ADMINISTRATION.—

5 (i) IN GENERAL.—In the case of any

6 portion of the Luis Maria Baca Grant No.

7 4 acquired under paragraph (1) that is de8 picted in Zone B of the park and preserve

9 map, the Secretary shall transfer the ac10 quired land to the administrative jurisdic11 tion of the Forest Service, as provided in

12 section 4(c), for management consistent

13 with this Act.

14 (ii) LAND AND WATER CONSERVATION

15 FUND.—For the purposes of section 7 of

16 the Land and Water Conservation Fund

17 Act of 1965 (16 U.S.C. 460l–9), the

18 boundaries of the Rio Grande National

19 Forest, as revised by the transfer of land

20 under this subparagraph or section 4(c),

21 shall be considered to be the boundaries of

22 the national forest.

23 (C) INCLUSION IN NATIONAL PARK.—The

24 Secretary shall include in the national park all
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1 portions of the Luis Maria Baca Grant No. 4

2 that—

3 (i) are acquired under paragraph (1);

4 and

5 (ii) are not described in subparagraph

6 (A) or (B).

7 (c) AUTHORIZED METHODS OF ACQUISITION.—Any

8 interest in land or water may be acquired under this sec9 tion by—

10 (1) donation;

11 (2) purchase from willing sellers with donated

12 or appropriated funds; or

13 (3) exchange.

14 (d) ADMINISTRATION.—The Secretary shall admin15 ister any non-Federal land, water, or interest in land or

16 water acquired under this section in accordance with sec17 tion 5, except in the case of land described in subsection

18 (b)(2)(B).

19 (e) HUNTING, FISHING, AND TRAPPING ON NON20 FEDERAL LAND.—

21 (1) NO PROHIBITION.—The Secretary shall not

22 prohibit hunting, fishing, or trapping on non-Federal

23 land located within the boundaries of the national

24 park.
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1 (2) TERMINATION OF AUTHORITY.—On the

2 date on which the United States acquires fee owner3 ship of a parcel of non-Federal land described in

4 paragraph (1), the restriction under that paragraph

5 shall terminate with respect to the parcel.

6 SEC. 7. WATER RIGHTS.

7 (a) SAN LUIS VALLEY PROTECTION, COLORADO.—

8 Section 1501(a) of the Reclamation Projects Authoriza9 tion and Adjustment Act of 1992 (Public Law 102–575;

10 106 Stat. 4663) is amended by striking paragraph (3) and

11 inserting the following:

12 ‘‘(3) adversely affect the purposes of—

13 ‘‘(A) the Great Sand Dunes National

14 Monument;

15 ‘‘(B) the Great Sands Dunes National

16 Park (including purposes relating to all water,

17 water rights, and water-dependent resources

18 within the park);

19 ‘‘(C) the Great Sand Dunes National Pre20 serve (including purposes relating to all water,

21 water rights, and water-dependent resources

22 within the preserve); and

23 ‘‘(D) any Federal land adjacent to any

24 area described in subparagraphs (A), (B), or

25 (C).’’.
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1 (b) EFFECT ON WATER RIGHTS.—

2 (1) IN GENERAL.—Subject to the amendment

3 made by subsection (a), nothing in this Act affects—

4 (A) the use, allocation, and State jurisdic5 tion, in existence on the date of enactment of

6 this Act, over—

7 (i) water;

8 (ii) any existing water right and devel9 opment;

10 (iii) any water law;

11 (iv) any compact; or

12 (v) any other valid existing right; or

13 (B) any vested absolute or decreed condi14 tional water right in existence before the date

15 of enactment of this Act, including any water

16 right held by the United States.

17 (2) NO INTERFERENCE.—In carrying out this

18 Act, the Secretary shall obtain and exercise any

19 water right—

20 (A) in accordance with Federal and State

21 law; and

22 (B) without interfering with any diversion,

23 storage, or use of water for a non-Federal pur24 pose in the San Luis Valley, Colorado, that is
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1 in existence on the date of enactment of this

2 Act.

3 (c) FOREST SERVICE WATER RIGHTS.—To the ex4 tent that a water right is established or acquired by the

5 United States for the Rio Grande National Forest, the

6 water right shall—

7 (1) be considered to be of equal use and value

8 for the national preserve; and

9 (2) retain its priority and purpose when in10 cluded in the national preserve.

11 (d) NATIONAL MONUMENT WATER RIGHTS.—To the

12 extent that a water right has been established or acquired

13 by the United States for the Great Sand Dunes National

14 Monument, the water right shall—

15 (1) be considered to be of equal use and value

16 for the national park; and

17 (2) retain its priority and purpose when in18 cluded in the national park.

19 (e) WATER RIGHTS AND WATER RESOURCES ON

20 LUIS MARIA BACA GRANT NO. 4.—

21 (1) IN GENERAL.—

22 (A) LOCATION.—If, and to the extent that,

23 the Luis Maria Baca Grant No. 4 is acquired,

24 all water rights and water resources associated
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1 with the Luis Maria Baca Grant No. 4 shall be

2 restricted for use only within—

3 (i) the national park;

4 (ii) the preserve; or

5 (iii) the immediately surrounding

6 areas of Alamosa or Saguache Counties,

7 Colorado.

8 (B) USE.—Water rights and water re9 sources described in subparagraph (A) shall be

10 restricted for use in—

11 (i) the protection of park resources

12 and park values;

13 (ii) fish and wildlife management and

14 protection; or

15 (iii) irrigation, except as provided in

16 the memorandum of water service agree17 ment and the water service agreement be18 tween the Cabeza de Vaca Land and Cattle

19 Company, LLC, and Baca Grande Water

20 and Sanitation District, dated August 28,

21 1997.

22 (2) STATE AUTHORITY.—If and to the extent

23 that, water rights associated with the Luis Maria

24 Baca Grant No. 4 are acquired, the use of those
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1 water rights shall be changed only in accordance

2 with the laws of the State of Colorado.

3 (f) PROTECTION OF WATER RESOURCES.—The Sec4 retary shall take such actions as are within the authority

5 of the Secretary to ensure that any new or additional

6 water development in the San Luis Valley aquifers is con7 sistent with the protection and maintenance of the hydro8 logic balance necessary for preservation of park resources

9 and park uses.

10 SEC. 8. ADVISORY COUNCIL.

11 (a) ESTABLISHMENT.—The Secretary shall establish

12 an advisory council to be known as the ‘‘Great Sand

13 Dunes National Park Advisory Council’’.

14 (b) DUTY.—The Advisory Council shall advise the

15 Secretary with respect to preparation and implementation

16 of a management plan for the national park and the pre17 serve.

18 (c) APPLICABLE LAW.—The Advisory Council shall

19 function in accordance with—

20 (1) this Act;

21 (2) the Federal Advisory Committee Act (5

22 U.S.C. App.); and

23 (3) the Federal Land Policy and Management

24 Act of 1976 (43 U.S.C. 1701 et seq.).
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1 (d) MEMBERS.—The Advisory Council shall consist

2 of 10 members, to be appointed by the Secretary, as fol3 lows:

4 (1) 1 member of, or nominated by, the Alamosa

5 County Commission.

6 (2) 1 member of, or nominated by, the

7 Saguache County Commission.

8 (3) 1 member of, or nominated by, the Friends

9 of the Dunes Organization.

10 (4) 7 members residing in, or within reasonable

11 proximity to, the San Luis Valley, who have recog12 nized backgrounds reflecting—

13 (A) the purposes for which the national

14 park and the preserve are established; and

15 (B) the interests of persons that will be af16 fected by the planning and management of the

17 national park and the preserve.

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated such sums

20 as are necessary to carry out this Act.

Æ