II

Calendar No. 928

106TH CONGRESS

2D SESSION S. 2547

[Report No. 106–479]

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

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Great Sand Dunes Na3 tional Park Act of 2000’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) the Great Sand Dunes National Monument

7 in the State of Colorado was established by Presi8 dential proclamation in 1932 to preserve Federal

9 land containing spectacular and unique sand dunes

10 and additional features of scenic, scientific, and edu11 cational interest (including the unique pulse flow

12 characteristics of Sand Creek and Medano Creek,

13 which are integral to the existence of the dunes sys14 tem);

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

16 associated sand sheet and adjacent wetland and up17 land, contain a variety of unique ecological, geologi18 cal, paleontological, archaeological, scenic, historical,

19 and wildlife components, which—

20 (A) are enhanced by the serenity and rural

21 western setting of the area; and

22 (B) comprise a setting of irreplaceable na23 tional significance;

24 (3) the Great Sand Dunes and adjacent land

25 within the Great Sand Dunes National Monument—
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1 (A) provide extensive opportunities for

2 educational activities, ecological research, and

3 recreational activities; and

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

5 and fishing, and for wilderness value (including

6 solitude);

7 (4) other public and private land adjacent to

8 the Great Sand Dunes National Monument—

9 (A) offers additional unique geological,

10 hydrological, paleontological, scenic, scientific,

11 educational, wildlife, and recreational resources;

12 and

13 (B) contributes to the protection of—

14 (i) the sand sheet associated with the

15 dune mass;

16 (ii) the ground water system on which

17 the features of the dunes and the adjacent

18 wetland rely; and

19 (iii) the wildlife, viewshed, and scenic

20 qualities of the Great Sand Dunes Na21 tional Monument;

22 (5) some of the private land described in para23 graph (4) contains important portions of the sand

24 dune mass, the associated sand sheet, and unique al-
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1 pine environments, which would be threatened by fu2 ture development pressures;

3 (6) the designation of a Great Sand Dunes Na4 tional Park, which would encompass the Great Sand

5 Dunes National Monument and additional land,

6 would provide—

7 (A) greater long-term protection of the ge8 ological, hydrological, paleontological, scenic,

9 scientific, educational, wildlife, and recreational

10 resources of the area (including the sand sheet

11 associated with the dune mass and the ground

12 water system on which the sand dune and wet13 land systems depend); and

14 (B) expanded visitor use opportunities; and

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

16 Dunes National Monument is—

17 (A) recognized for offering exceptional

18 multiple use opportunities;

19 (B) recognized for offering natural, eco20 logical, cultural, scenic, paleontological, wilder21 ness, and recreational resources;

22 (C) recognized as being a fragile and irre23 placeable ecological system that could be de24 stroyed if not carefully protected; and
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1 (D) worthy of consideration for additional

2 protection.

3 SEC. 3. DEFINITIONS.

4 In this Act:

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

6 Council’’ means the Great Sand Dunes National

7 Park Advisory Council established under section

8 8(a).

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

10 park’’ means the Great Sand Dunes National Park

11 established under section 4(a).

12 (3) PARK AND PRESERVE MAP.—The term

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

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

15 dated March 17, 2000.

16 (4) PARK RESOURCES.—The term ‘‘park re17 sources’’ means the resources described in section 2.

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

19 the uses described in section 2.

20 (6) PRESERVE.—

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

22 means the Great Sand Dunes National Preserve

23 established under section 4(b).

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

25 includes Federal land and interests in Federal
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1 land that are administered by the National

2 Park Service in the vicinity of the national

3 park, but outside the boundaries of the national

4 park.

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

6 the Secretary of the Interior.

7 SEC. 4. GREAT SAND DUNES NATIONAL PARK AND GREAT

8 SAND DUNES NATIONAL PRESERVE, COLO9 RADO.

10 (a) GREAT SAND DUNES NATIONAL PARK.—

11 (1) ESTABLISHMENT.—

12 (A) IN GENERAL.—The Secretary may es13 tablish the Great Sand Dunes National Park in

14 the State of Colorado, as generally depicted on

15 the park and preserve map, as a unit of the Na16 tional Park System.

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

18 preserve map shall be on file and available for

19 public inspection in the offices of the Depart20 ment of the Interior.

21 (2) ESTABLISHMENT REQUIRED.—

22 (A) IN GENERAL.—Notwithstanding para23 graph (1), the Secretary shall establish the na24 tional park as soon as the Secretary determines

25 that sufficient land having a sufficient diversity
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1 of resources has been acquired to warrant des2 ignation of the land as a unit of the National

3 Park System.

4 (B) NOTIFICATION.—Until the date on

5 which the national park is established, the Sec6 retary shall annually notify the Committee on

7 Energy and Natural Resources of the Senate

8 and the Committee on Resources of the House

9 of Representatives of—

10 (i) the estimate of the Secretary of

11 the acreage necessary to achieve a suffi12 cient diversity of resources to warrant des13 ignation of the national park; and

14 (ii) the progress of the Secretary in

15 acquiring that acreage.

16 (3) INCLUSION OF NATIONAL MONUMENT.—

17 (A) IN GENERAL.—The Secretary shall in18 clude the Great Sand Dunes National Monu19 ment in the national park.

20 (B) AVAILABILITY OF FUNDS.—On the

21 date of establishment of the national park, any

22 funds made available for the purposes of the

23 national monument shall be available for the

24 purposes of the national park.
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1 (C) TERMINATION OF MONUMENT.—The

2 Great Sand Dunes National Monument shall

3 terminate on the date on which the national

4 park is established.

5 (b) PRESERVE.—

6 (1) ESTABLISHMENT.—The Secretary may es7 tablish the Great Sand Dunes National Preserve in

8 the State of Colorado, as generally depicted on the

9 park and preserve map, as a unit of the National

10 Park System.

11 (2) INCLUSIONS.—To protect park resources

12 and park uses, the Secretary may include in the pre13 serve any Federal land adjacent to the national park

14 that may be managed in conjunction with the na15 tional park.

16 (c) TRANSFER OF JURISDICTION.—

17 (1) DEPARTMENT OF THE INTERIOR LAND.—

18 The Secretary shall transfer to the National Park

19 Service administrative jurisdiction over any land

20 under the jurisdiction of Department of the Interior

21 that—

22 (A) is depicted on the park and preserve

23 map as being within the boundaries of the na24 tional park or the preserve; and
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1 (B) is not under the administrative juris2 diction of the National Park Service on the date

3 of enactment of this Act.

4 (2) FOREST SERVICE LAND.—The Secretary

5 and the Secretary of Agriculture may—

6 (A) transfer to the National Park Service

7 administrative jurisdiction over the Forest Sys8 tem land depicted on the park and preserve

9 map that is within the boundaries of the na10 tional park or the preserve; and

11 (B) transfer to the Forest Service adminis12 trative jurisdiction over any land depicted on

13 the park and preserve map that is—

14 (i) under the jurisdiction of Depart15 ment of the Interior; and

16 (ii) suitable for inclusion in the Rio

17 Grande National Forest.

18 (3) PUBLIC NOTICE AND INPUT.—The Sec19 retary and the Secretary of Agriculture shall ensure

20 that any agreement to transfer land under para21 graph (2) is based on adequate public notice and

22 comment.

23 (d) MAP AND LEGAL DESCRIPTION.—

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

25 the establishment of the national park and the pre-
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1 serve, the Secretary shall file maps and a legal de2 scription of the national park and the preserve with

3 the Committee on Energy and Natural Resources of

4 the Senate and the Committee on Resources of the

5 House of Representatives.

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

7 description shall have the same force and effect as

8 if included in this Act, except that the Secretary

9 may correct clerical and typographical errors in the

10 legal description and maps.

11 (3) PUBLIC AVAILABILITY.—The maps and

12 legal description shall be on file and available for

13 public inspection in the appropriate offices of the

14 National Park Service.

15 SEC. 5. ADMINISTRATION OF NATIONAL PARK AND PRE16 SERVE.

17 (a) APPLICABILITY OF NATIONAL PARK SYSTEM

18 LAWS.—The Secretary shall administer the national park

19 and the preserve in accordance with—

20 (1) this Act; and

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

22 National Park System, including—

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

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

2 1 et seq.); and

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

4 the preservation of historic American sites,

5 buildings, objects, and antiquities of national

6 significance, and for other purposes’’, approved

7 August 21, 1935 (16 U.S.C. 461 et seq.).

8 (b) PROTECTION OF HYDROLOGIC REGIME.—In ad9 ministering the national park and the preserve, the Sec10 retary shall—

11 (1) protect and maintain the balance in the hy12 drologic regime necessary for the protection of park

13 resources and park uses; and

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

15 protection, adverse impacts on adjacent communities

16 and wetlands.

17 (c) GRAZING.—

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

19 not prohibit grazing on non-Federal land located

20 within the boundaries of the national park and the

21 preserve.

22 (2) FEDERAL LAND.—

23 (A) ACQUIRED STATE OR PRIVATE

24 LAND.—With respect to former State or private

25 land that has been acquired for the national
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1 park and the preserve, the Secretary, in con2 sultation with the lessee, may permit the con3 tinuation of grazing on the land, subject to ap4 plicable law (including regulations).

5 (B) OTHER FEDERAL LAND.—With respect

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

7 enactment of this Act and that is located within

8 the boundaries of the national park and the

9 preserve, the Secretary shall prohibit grazing on

10 the land if the Secretary determines that graz11 ing would harm the resources or values of the

12 national park or the preserve.

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

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Secretary shall permit hunting, fish16 ing, and trapping on land and water within the pre17 serve in accordance with applicable Federal and

18 State laws.

19 (2) ADMINISTRATIVE EXCEPTIONS.—The Sec20 retary may designate areas where, and establish lim21 ited periods when, no hunting, fishing, or trapping

22 shall be permitted under paragraph (1) for reasons

23 of public safety, administration, or compliance with

24 applicable law.
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1 (3) AGENCY AGREEMENT.—Except in an emer2 gency, regulations closing areas within the preserve

3 to hunting, fishing, or trapping under this sub4 section shall become effective only with the agree5 ment of the appropriate agency of the State of Colo6 rado having responsibility for fish and wildlife ad7 ministration.

8 (4) RULES OF CONSTRUCTION.—Nothing in

9 this Act—

10 (A) affects any jurisdiction or responsi11 bility of the State of Colorado with respect to

12 fish and wildlife on Federal land and water cov13 ered by this Act; or

14 (B) authorizes the Secretary to require a

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

16 land and water covered by this Act.

17 (e) CLOSED BASIN DIVISION, SAN LUIS VALLEY

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

19 Luis Valley Project, located within the boundaries of the

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

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

22 supply facility, or any other project facility, and the oper23 ation, maintenance, repair, and replacement of such a

24 feature—

25 (1) shall not be affected by this Act; and
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1 (2) shall continue to be the responsibility of,

2 and be operated by, the Bureau of Reclamation in

3 accordance with title I of the Reclamation Project

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

5 seq.).

6 (f) WILDERNESS PROTECTION.—

7 (1) IN GENERAL.—Nothing in this Act alters

8 the wilderness designation of any land within the

9 boundaries of the national park or the preserve.

10 (2) ADMINISTRATION.—All areas designated as

11 wilderness within the national park and the preserve

12 on the date of enactment of this Act shall remain

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

14 seq.).

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

16 Act, subject to valid existing rights, all Federal land de17 picted on the park and preserve map as being located with18 in the boundaries of the national park or the preserve is

19 withdrawn from—

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

21 under the public land laws;

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

23 laws; and

24 (3) disposition under all laws relating to min25 eral and geothermal leasing.
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1 SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY AD2 JUSTMENTS.

3 (a) ACQUISITION AUTHORITY.—

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

5 non-Federal land and water (including interests in

6 non-Federal land or water) for inclusion in the na7 tional park or the preserve, including—

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

9 water, owned by the State of Colorado; and

10 (B) other land depicted on the park and

11 preserve map as being suitable for acquisition

12 by the Secretary for inclusion in the park or the

13 preserve.

14 (2) BOUNDARY ADJUSTMENT.—As soon as

15 practicable after the establishment of the national

16 park and the preserve, the Secretary shall modify

17 the boundary of the national park and preserve to

18 include any land or interest acquired under this sub19 section.

20 (b) LUIS MARIA BACA GRANT NO. 4.—

21 (1) ACQUISITION AUTHORITY.—The Secretary

22 may negotiate for and acquire all or any appropriate

23 portion of the Luis Maria Baca Grant No. 4, as de24 picted on the park and preserve map.

25 (2) TREATMENT OF ACQUIRED LAND.—
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1 (A) FISH AND WILDLIFE ADMINISTRA2 TION.—In the case of any portion of the Luis

3 Maria Baca Grant No. 4 acquired under para4 graph (1) that is depicted in Zone A of the

5 park and preserve map, the Secretary, acting

6 through the United States Fish and Wildlife

7 Service, shall administer the acquired land as a

8 unit of the National Wildlife Refuge System.

9 (B) FOREST SERVICE ADMINISTRATION.—

10 (i) IN GENERAL.—In the case of any

11 portion of the Luis Maria Baca Grant No.

12 4 acquired under paragraph (1) that is de13 picted in Zone B of the park and preserve

14 map, the Secretary shall transfer the ac15 quired land to the administrative jurisdic16 tion of the Forest Service, as provided in

17 section 4(c), for management consistent

18 with this Act.

19 (ii) LAND AND WATER CONSERVATION

20 FUND.—For the purposes of section 7 of

21 the Land and Water Conservation Fund

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

23 boundaries of the Rio Grande National

24 Forest, as revised by the transfer of land

25 under this subparagraph or section 4(c),
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1 shall be considered to be the boundaries of

2 the national forest.

3 (C) INCLUSION IN NATIONAL PARK.—The

4 Secretary shall include in the national park all

5 portions of the Luis Maria Baca Grant No. 4

6 that—

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

8 and

9 (ii) are not described in subparagraph

10 (A) or (B).

11 (c) AUTHORIZED METHODS OF ACQUISITION.—Any

12 interest in land or water may be acquired under this sec13 tion by—

14 (1) donation;

15 (2) purchase from willing sellers with donated

16 or appropriated funds; or

17 (3) exchange.

18 (d) ADMINISTRATION.—The Secretary shall admin19 ister any non-Federal land, water, or interest in land or

20 water acquired under this section in accordance with sec21 tion 5, except in the case of land described in subsection

22 (b)(2)(B).

23 (e) HUNTING, FISHING, AND TRAPPING ON NON24 FEDERAL LAND.—
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1 (1) NO PROHIBITION.—The Secretary shall not

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

3 land located within the boundaries of the national

4 park.

5 (2) TERMINATION OF AUTHORITY.—On the

6 date on which the United States acquires fee owner7 ship of a parcel of non-Federal land described in

8 paragraph (1), the restriction under that paragraph

9 shall terminate with respect to the parcel.

10 SEC. 7. WATER RIGHTS.

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

12 Section 1501(a) of the Reclamation Projects Authoriza13 tion and Adjustment Act of 1992 (Public Law 102–575;

14 106 Stat. 4663) is amended by striking paragraph (3) and

15 inserting the following:

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

17 ‘‘(A) the Great Sand Dunes National

18 Monument;

19 ‘‘(B) the Great Sands Dunes National

20 Park (including purposes relating to all water,

21 water rights, and water-dependent resources

22 within the park);

23 ‘‘(C) the Great Sand Dunes National Pre24 serve (including purposes relating to all water,
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1 water rights, and water-dependent resources

2 within the preserve); and

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

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

5 (C).’’.

6 (b) EFFECT ON WATER RIGHTS.—

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

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

9 (A) the use, allocation, and State jurisdic10 tion, in existence on the date of enactment of

11 this Act, over—

12 (i) water;

13 (ii) any existing water right and devel14 opment;

15 (iii) any water law;

16 (iv) any compact; or

17 (v) any other valid existing right; or

18 (B) any vested absolute or decreed condi19 tional water right in existence before the date

20 of enactment of this Act, including any water

21 right held by the United States.

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

23 Act, the Secretary shall obtain and exercise any

24 water right—
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1 (A) in accordance with Federal and State

2 law; and

3 (B) without interfering with any diversion,

4 storage, or use of water for a non-Federal pur5 pose in the San Luis Valley, Colorado, that is

6 in existence on the date of enactment of this

7 Act.

8 (c) FOREST SERVICE WATER RIGHTS.—To the ex9 tent that a water right is established or acquired by the

10 United States for the Rio Grande National Forest, the

11 water right shall—

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

13 for the national preserve; and

14 (2) retain its priority and purpose when in15 cluded in the national preserve.

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

17 extent that a water right has been established or acquired

18 by the United States for the Great Sand Dunes National

19 Monument, the water right shall—

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

21 for the national park; and

22 (2) retain its priority and purpose when in23 cluded in the national park.

24 (e) WATER RIGHTS AND WATER RESOURCES ON

25 LUIS MARIA BACA GRANT NO. 4.—
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1 (1) IN GENERAL.—

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

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

4 all water rights and water resources associated

5 with the Luis Maria Baca Grant No. 4 shall be

6 restricted for use only within—

7 (i) the national park;

8 (ii) the preserve; or

9 (iii) the immediately surrounding

10 areas of Alamosa or Saguache Counties,

11 Colorado.

12 (B) USE.—Water rights and water re13 sources described in subparagraph (A) shall be

14 restricted for use in—

15 (i) the protection of park resources

16 and park values;

17 (ii) fish and wildlife management and

18 protection; or

19 (iii) irrigation, except as provided in

20 the memorandum of water service agree21 ment and the water service agreement be22 tween the Cabeza de Vaca Land and Cattle

23 Company, LLC, and Baca Grande Water

24 and Sanitation District, dated August 28,

25 1997.
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1 (2) STATE AUTHORITY.—If and to the extent

2 that, water rights associated with the Luis Maria

3 Baca Grant No. 4 are acquired, the use of those

4 water rights shall be changed only in accordance

5 with the laws of the State of Colorado.

6 (f) PROTECTION OF WATER RESOURCES.—The Sec7 retary shall take such actions as are within the authority

8 of the Secretary to ensure that any new or additional

9 water development in the San Luis Valley aquifers is con10 sistent with the protection and maintenance of the hydro11 logic balance necessary for preservation of park resources

12 and park uses.

13 SEC. 8. ADVISORY COUNCIL.

14 (a) ESTABLISHMENT.—The Secretary shall establish

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

16 Dunes National Park Advisory Council’’.

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

18 Secretary with respect to preparation and implementation

19 of a management plan for the national park and the pre20 serve.

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

22 function in accordance with—

23 (1) this Act;

24 (2) the Federal Advisory Committee Act (5

25 U.S.C. App.); and
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1 (3) the Federal Land Policy and Management

2 Act of 1976 (43 U.S.C. 1701 et seq.).

3 (d) MEMBERS.—The Advisory Council shall consist

4 of 10 members, to be appointed by the Secretary, as fol5 lows:

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

7 County Commission.

8 (2) 1 member of, or nominated by, the

9 Saguache County Commission.

10 (3) 1 member of, or nominated by, the Friends

11 of the Dunes Organization.

12 (4) 7 members residing in, or within reasonable

13 proximity to, the San Luis Valley, who have recog14 nized backgrounds reflecting—

15 (A) the purposes for which the national

16 park and the preserve are established; and

17 (B) the interests of persons that will be af18 fected by the planning and management of the

19 national park and the preserve.

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated such sums

22 as are necessary to carry out this Act.

23 SECTION 1. SHORT TITLE.

24 This Act may be cited as the ‘‘Great Sand Dunes Na25 tional Park Act of 2000’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the Great Sand Dunes National Monument

4 in the State of Colorado was established by Presi5 dential proclamation in 1932 to preserve Federal

6 land containing spectacular and unique sand dunes

7 and additional features of scenic, scientific, and edu8 cational interest for the benefit and enjoyment of fu9 ture generations;

10 (2) the Great Sand Dunes, together with the as11 sociated sand sheet and adjacent wetland and upland,

12 contain a variety of rare ecological, geological, pale13 ontological, archaeological, scenic, historical, and

14 wildlife components, which—

15 (A) include the unique pulse flow character16 istics of Sand Creek and Medano Creek that are

17 integral to the existence of the dunes system;

18 (B) interact to sustain the unique Great

19 Sand Dunes system beyond the boundaries of the

20 existing National Monument;

21 (C) are enhanced by the serenity and rural

22 western setting of the area; and

23 (D) comprise a setting of irreplaceable na24 tional significance;

25 (3) the Great Sand Dunes and adjacent land

26 within the Great Sand Dunes National Monument—
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1 (A) provide extensive opportunities for edu2 cational activities, ecological research, and rec3 reational activities; and

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

5 and fishing, and for wilderness value (including

6 solitude);

7 (4) other public and private land adjacent to the

8 Great Sand Dunes National Monument—

9 (A) offers additional unique geological,

10 hydrological, paleontological, scenic, scientific,

11 educational, wildlife, and recreational resources;

12 and

13 (B) contributes to the protection of—

14 (i) the sand sheet associated with the

15 dune mass;

16 (ii) the surface and ground water sys17 tems that are necessary to the preservation

18 of the dunes and the adjacent wetland; and

19 (iii) the wildlife, viewshed, and scenic

20 qualities of the Great Sand Dunes National

21 Monument;

22 (5) some of the private land described in para23 graph (4) contains important portions of the sand

24 dune mass, the associated sand sheet, and unique al-
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1 pine environments, which would be threatened by fu2 ture development pressures;

3 (6) the designation of a Great Sand Dunes Na4 tional Park, which would encompass the existing

5 Great Sand Dunes National Monument and addi6 tional land, would provide—

7 (A) greater long-term protection of the geo8 logical, hydrological, paleontological, scenic, sci9 entific, educational, wildlife, and recreational re10 sources of the area (including the sand sheet as11 sociated with the dune mass and the ground

12 water system on which the sand dune and wet13 land systems depend); and

14 (B) expanded visitor use opportunities;

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

16 Dunes National Monument is—

17 (A) recognized for the culturally diverse na18 ture of the historical settlement of the area;

19 (B) recognized for offering natural, ecologi20 cal, wildlife, cultural, scenic, paleontological,

21 wilderness, and recreational resources; and

22 (C) recognized as being a fragile and irre23 placeable ecological system that could be de24 stroyed if not carefully protected; and
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1 (8) preservation of this diversity of resources

2 would ensure the perpetuation of the entire ecosystem

3 for the enjoyment of future generations.

4 SEC. 3. DEFINITIONS.

5 In this Act:

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

7 Council’’ means the Great Sand Dunes National Park

8 Advisory Council established under section 8(a).

9 (2) LUIS MARIA BACA GRANT NO. 4.—The term

10 ‘‘Luis Maria Baca Grant No. 4’’ means those lands

11 as described in the patent dated February 20, 1900,

12 from the United States to the heirs of Luis Maria

13 Baca recorded in book 86, page 20, of the records of

14 the Clerk and Recorder of Saguache County, Colo15 rado.

16 (3) MAP.—The term ‘‘map’’ means the map enti17 tled ‘‘Great Sand Dunes National Park and Pre18 serve’’, numbered 140/80,032 and dated September 19,

19 2000.

20 (4) NATIONAL MONUMENT.—The term ‘‘national

21 monument’’ means the Great Sand Dunes National

22 Monument, including lands added to the monument

23 pursuant to this Act.
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1 (5) NATIONAL PARK.—The term ‘‘national park’’

2 means the Great Sand Dunes National Park estab3 lished in section 4.

4 (6) NATIONAL WILDLIFE REFUGE.—The term

5 ‘‘wildlife refuge’’ means the Baca National Wildlife

6 Refuge established in section 6.

7 (7) PRESERVE.—The term ‘‘preserve’’ means the

8 Great Sand Dunes National Preserve established in

9 section 5.

10 (8) RESOURCES.—The term ‘‘resources’’ means

11 the resources described in section 2.

12 (9) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of the Interior.

14 (10) USES.—The term ‘‘uses’’ means the uses de15 scribed in section 2.

16 SEC. 4. GREAT SAND DUNES NATIONAL PARK, COLORADO.

17 (a) ESTABLISHMENT.—When the Secretary determines

18 that sufficient land having a sufficient diversity of resources

19 has been acquired to warrant designation of the land as

20 a national park, the Secretary shall establish the Great

21 Sand Dunes National Park in the State of Colorado, as gen22 erally depicted on the map, as a unit of the National Park

23 System. Such establishment shall be effective upon publica24 tion of a notice of the Secretary’s determination in the Fed25 eral Register.
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1 (b) AVAILABILITY OF MAP.—The map shall be on file

2 and available for public inspection in the appropriate of3 fices of the National Park Service.

4 (c) NOTIFICATION.—Until the date on which the na5 tional park is established, the Secretary shall annually no6 tify the Committee on Energy and Natural Resources of the

7 Senate and the Committee on Resources of the House of

8 Representatives of—

9 (1) the estimate of the Secretary of the lands nec10 essary to achieve a sufficient diversity of resources to

11 warrant designation of the national park; and

12 (2) the progress of the Secretary in acquiring the

13 necessary lands.

14 (d) ABOLISHMENT OF NATIONAL MONUMENT.—(1) On

15 the date of establishment of the national park pursuant to

16 subsection (a), the Great Sand Dunes National Monument

17 shall be abolished, and any funds made available for the

18 purposes of the national monument shall be available for

19 the purposes of the national park.

20 (2) Any reference in any law (other than this Act),

21 regulation, document, record, map, or other paper of the

22 United States to ‘‘Great Sand Dunes National Monument’’

23 shall be considered a reference to ‘‘Great Sand Dunes Na24 tional Park’’.
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1 (e) TRANSFER OF JURISDICTION.—Administrative ju2 risdiction is transferred to the National Park Service over

3 any land under the jurisdiction of the Department of the

4 Interior that—

5 (1) is depicted on the map as being within the

6 boundaries of the national park or the preserve; and

7 (2) is not under the administrative jurisdiction

8 of the National Park Service on the date of enactment

9 of this Act.

10 SEC. 5. GREAT SAND DUNES NATIONAL PRESERVE, COLO11 RADO.

12 (a) ESTABLISHMENT OF GREAT SAND DUNES NA13 TIONAL PRESERVE.—(1) There is hereby established the

14 Great Sand Dunes National Preserve in the State of Colo15 rado, as generally depicted on the map, as a unit of the

16 National Park System.

17 (2) Administrative jurisdiction of lands and interests

18 therein administered by the Secretary of Agriculture within

19 the boundaries of the preserve is transferred to the Secretary

20 of the Interior, to be administered as part of the preserve.

21 The Secretary of Agriculture shall modify the boundaries

22 of the Rio Grande National Forest to exclude the transferred

23 lands from the forest boundaries.

24 (3) Any lands within the preserve boundaries which

25 were designated as wilderness prior to the date of enactment
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1 of this Act shall remain subject to the Wilderness Act (16

2 U.S.C. 1131 et seq.) and the Colorado Wilderness Act of

3 1993 (Public Law 103–767; 16 U.S.C. 539i note).

4 (b) MAP AND LEGAL DESCRIPTION.—(1) As soon as

5 practicable after the establishment of the national park and

6 the preserve, the Secretary shall file maps and a legal de7 scription of the national park and the preserve with the

8 Committee on Energy and Natural Resources of the Senate

9 and the Committee on Resources of the House of Representa10 tives.

11 (2) The map and legal description shall have the same

12 force and effect as if included in this Act, except that the

13 Secretary may correct clerical and typographical errors in

14 the legal description and maps.

15 (3) The map and legal description shall be on file and

16 available for public inspection in the appropriate offices of

17 the National Park Service.

18 (c) BOUNDARY SURVEY.—As soon as practicable after

19 the establishment of the national park and preserve and

20 subject to the availability of funds, the Secretary shall com21 plete an official boundary survey.

22 SEC. 6. BACA NATIONAL WILDLIFE REFUGE, COLORADO.

23 (a) ESTABLISHMENT.—(1) When the Secretary deter24 mines that sufficient land has been acquired to constitute

25 an area that can be efficiently managed as a National
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1 Wildlife Refuge, the Secretary shall establish the Baca Na2 tional Wildlife Refuge, as generally depicted on the map.

3 (2) Such establishment shall be effective upon publica4 tion of a notice of the Secretary’s determination in the Fed5 eral Register.

6 (b) AVAILABILITY OF MAP.—The map shall be on file

7 and available for public inspection in the appropriate of8 fices of the United States Fish and Wildlife Service.

9 (c) ADMINISTRATION.—The Secretary shall administer

10 all lands and interests therein acquired within the bound11 aries of the national wildlife refuge in accordance with the

12 National Wildlife Refuge System Administration Act of

13 1966 (16 U.S.C. 668dd et seq.) and the Act of September

14 28, 1962 (16 U.S.C. 460k et seq.) (commonly known as the

15 Refuge Recreation Act).

16 (d) PROTECTION OF WATER RESOURCES.—In admin17 istering water resources for the national wildlife refuge, the

18 Secretary shall—

19 (1) protect and maintain irrigation water rights

20 necessary for the protection of monument, park, pre21 serve, and refuge resources and uses; and

22 (2) minimize, to the extent consistent with the

23 protection of national wildlife refuge resources, ad24 verse impacts on other water users.
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1 SEC. 7. ADMINISTRATION OF NATIONAL PARK AND PRE2 SERVE.

3 (a) IN GENERAL.—The Secretary shall administer the

4 national park and the preserve in accordance with—

5 (1) this Act; and

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

7 National Park System, including—

8 (A) the Act entitled ‘‘An Act to establish a

9 National Park Service, and for other purposes’’,

10 approved August 25, 1916 (16 U.S.C. 1, 2–4)

11 and

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

13 the preservation of historic American sites,

14 buildings, objects, and antiquities of national

15 significance, and for other purposes’’, approved

16 August 21, 1935 (16 U.S.C. 461 et seq.).

17 (b) GRAZING.—

18 (1) ACQUIRED STATE OR PRIVATE LAND.—With

19 respect to former State or private land on which graz20 ing is authorized to occur on the date of enactment

21 of this Act and which is acquired for the national

22 monument, or the national park and preserve, or the

23 wildlife refuge, the Secretary, in consultation with the

24 lessee, may permit the continuation of grazing on the

25 land by the lessee at the time of acquisition, subject

26 to applicable law (including regulations).
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1 (2) FEDERAL LAND.—Where grazing is permitted

2 on land that is Federal land as of the date of enact3 ment of this Act and that is located within the bound4 aries of the national monument or the national park

5 and preserve, the Secretary is authorized to permit

6 the continuation of such grazing activities unless the

7 Secretary determines that grazing would harm the re8 sources or values of the national park or the preserve.

9 (3) TERMINATION OF LEASES.—Nothing in this

10 subsection shall prohibit the Secretary from accepting

11 the voluntary termination of leases or permits for

12 grazing within the national monument or the na13 tional park or the preserve.

14 (c) HUNTING, FISHING, AND TRAPPING.—

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Secretary shall permit hunting, fishing,

17 and trapping on land and water within the preserve

18 in accordance with applicable Federal and State

19 laws.

20 (2) ADMINISTRATIVE EXCEPTIONS.—The Sec21 retary may designate areas where, and establish lim22 ited periods when, no hunting, fishing, or trapping

23 shall be permitted under paragraph (1) for reasons of

24 public safety, administration, or compliance with ap25 plicable law.
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1 (3) AGENCY AGREEMENT.—Except in an emer2 gency, regulations closing areas within the preserve to

3 hunting, fishing, or trapping under this subsection

4 shall be made in consultation with the appropriate

5 agency of the State of Colorado having responsibility

6 for fish and wildlife administration.

7 (4) SAVINGS CLAUSE.—Nothing in this Act af8 fects any jurisdiction or responsibility of the State of

9 Colorado with respect to fish and wildlife on Federal

10 land and water covered by this Act.

11 (d) CLOSED BASIN DIVISION, SAN LUIS VALLEY

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

13 Luis Valley Project, located within the boundaries of the

14 national monument, national park or the national wildlife

15 refuge, including any well, pump, road, easement, pipeline,

16 canal, ditch, power line, power supply facility, or any other

17 project facility, and the operation, maintenance, repair,

18 and replacement of such a feature—

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

20 (2) shall continue to be the responsibility of, and

21 be operated by, the Bureau of Reclamation in accord22 ance with title I of the Reclamation Project Author23 ization Act of 1972 (43 U.S.C. 615aaa et seq.).

24 (e) WITHDRAWAL—
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1 (1) On the date of enactment of this Act, subject

2 to valid existing rights, all Federal land depicted on

3 the map as being located within Zone A, or within

4 the boundaries of the national monument, the na5 tional park or the preserve is withdrawn from—

6 (A) all forms of entry, appropriation, or

7 disposal under the public land laws;

8 (B) location, entry, and patent under the

9 mining laws; and

10 (C) disposition under all laws relating to

11 mineral and geothermal leasing.

12 (2) The provisions of this subsection also shall

13 apply to any lands—

14 (A) acquired under this Act; or

15 (B) transferred from any Federal agency

16 after the date of enactment of this Act for the na17 tional monument, the national park or preserve,

18 or the national wildlife refuge.

19 (f) WILDNERNESS PROTECTION.—

20 (1) Nothing in this Act alters the Wilderness des21 ignation of any land within the national monument,

22 the national park, or the preserve.

23 (2) All areas designated as Wilderness that are

24 transferred to the administrative jurisdiction of the

25 National Park Service shall remain subject to the
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1 Wilderness Act (16 U.S.C. 1131 et seq.) and the Colo2 rado Wilderness Act of 1993 (Public Law 103–77; 16

3 U.S.C. 539i note). If any part of this Act conflicts

4 with the provisions of the Wilderness Act or the Colo5 rado Wilderness Act of 1993 with respect to the wil6 derness areas within the preserve boundaries, the pro7 visions of those Acts shall control.

8 SEC. 8. ACQUISITION OF PROPERTY AND BOUNDARY AD9 JUSTMENTS

10 (a) ACQUISITION AUTHORITY.—

11 (1) Within the area depicted on the map as the

12 ‘‘Acquisition Area’’ or the national monument, the

13 Secretary may acquire lands and interests therein by

14 purchase, donation, transfer from another Federal

15 agency, or exchange: Provided, That lands or interests

16 therein may only be acquired with the consent of the

17 owner thereof.

18 (2) Lands or interests therein owned by the State

19 of Colorado, or a political subdivision thereof, may

20 only be acquired by donation or exchange.

21 (b) BOUNDARY ADJUSTMENT.—As soon as practicable

22 after the acquisition of any land or interest under this sec23 tion, the Secretary shall modify the boundary of the unit

24 to which the land is transferred pursuant to subsection (b)

25 to include any land or interest acquired.
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1 (c) ADMINISTRATION OF ACQUIRED LANDS.—

2 (1) GENERAL AUTHORITY.—Upon acquisition of

3 lands under subsection (a), the Secretary shall, as

4 appropriate—

5 (A) transfer administrative jurisdiction of

6 the lands of the National Park Service—

7 (i) for addition to and management as

8 part of the Great Sand Dunes National

9 Monument, or

10 (ii) for addition to and management

11 as part of the Great Sand Dunes National

12 Park (after designation of the Park) or the

13 Great Sand Dunes National Preserve; or

14 (B) transfer administrative jurisdiction of

15 the lands to the United States Fish and Wildlife

16 Service for addition to and administration as

17 part of the Baca National Wildlife Refuge.

18 (2) FOREST SERVICE ADMINISTRATION.—

19 (A) Any lands acquired within the area de20 picted on the map as being located within Zone

21 B shall be transferred to the Secretary of Agri22 culture and shall be added to and managed as

23 part of the Rio Grande National Forest.

24 (B) For the purposes of section 7 of the

25 Land and Water Conservation Fund Act of 1965
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1 (16 U.S.C. 4601–9), the boundaries of the Rio

2 Grande National Forest, as revised by the trans3 fer of land under paragraph (A), shall be consid4 ered to be the boundaries of the national forest.

5 SEC. 9. WATER RIGHTS.

6 (a) SAN LUIS VALLEY PROTECTION, COLORADO.—Sec7 tion 1501(a) of the Reclamation Projects Authorization and

8 Adjustment Act of 1992 (Public Law 102–575; 106 Stat.

9 4663) is amended by striking paragraph (3) and inserting

10 the following:

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

12 ‘‘(A) the Great Sand Dunes National Monu13 ment;

14 ‘‘(B) the Great Sands Dunes National Park

15 (including purposes relating to all water, water

16 rights, and water-dependent resources within the

17 park);

18 ‘‘(C) the Great Sand Dunes National Pre19 serve (including purposes relating to all water,

20 water rights, and water-dependent resources

21 within the preserve);

22 ‘‘(D) the Baca National Wildlife Refuge (in23 cluding purposes relating to all water, water

24 rights, and water-dependent resources within the

25 national wildlife refuge); and
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1 ‘‘(E) any Federal land adjacent to any area

2 described in subparagraphs (A), (B), (C), or

3 (D).’’.

4 (b) EFFECT ON WATER RIGHTS.—

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

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

7 (A) the use, allocation, ownership, or con8 trol, in existence on the date of enactment of this

9 Act, of any water, water right, or any other

10 valid existing right;

11 (B) any vested absolute or decreed condi12 tional water right in existence on the date of en13 actment of this Act, including water right held

14 by the United States;

15 (C) any interstate water compact in exist16 ence on the date of enactment of this Act; or

17 (D) subject to the provisions of paragraph

18 (2), state jurisdiction over any water law.

19 (2) WATER RIGHTS FOR NATIONAL PARK AND NA20 TIONAL PRESERVE.—In carrying out this Act, the

21 Secretary shall obtain and exercise any water rights

22 required to fulfill the purposes of the national park

23 and the national preserve in accordance with the fol24 lowing provisions:
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1 (A) Such water rights shall be appro2 priated, adjudicated, changed, and administered

3 pursuant to the procedural requirements and

4 priority system of the laws of the State of Colo5 rado.

6 (B) The purposes and other substantive

7 characteristics of such water rights shall be es8 tablished pursuant to State law, except that the

9 Secretary is specifically authorized to appro10 priate water under this Act exclusively for the

11 purpose of maintaining ground water levels, sur12 face water levels, and stream flows on, across,

13 and under the national park and national pre14 serve, in order to accomplish the purposes of the

15 national park and the national preserve and to

16 protect park resources and park uses.

17 (C) Such water rights shall be established

18 and used without interfering with—

19 (i) any exercise of a water right in ex20 istence on the date of enactment of this Act

21 for a non-Federal purpose in the San Luis

22 Valley, Colorado; and

23 (ii) the Closed Basin Division, San

24 Luis Valley Project.
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1 (D) Except as provided in subsections (c)

2 and (d) below, no Federal reservation of water

3 may be claimed or established for the national

4 park or the national preserve

5 (c) NATIONAL FOREST WATER RIGHTS.—To the extent

6 that a water right is established or acquired by the United

7 States for the Rio Grande National Forest, the water right

8 shall—

9 (1) be considered to be of equal use and value for

10 the national preserve; and

11 (2) retain its priority and purpose when in12 cluded in the national preserve.

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

14 extent that a water right has been established or acquired

15 by the United States for the Great Sand Dunes National

16 Monument, the water right shall—

17 (1) be considered to be of equal use and value for

18 the national park; and

19 (2) retain its priority and purpose when in20 cluded in the national park.

21 (e) ACQUIRED WATER RIGHTS AND WATER RE22 SOURCES.—

23 (1) IN GENERAL.—(A) If, and to the extent that,

24 the Luis Maria Baca Grant No. 4 is acquired, all

25 water rights and water resources associated with the
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1 Luis Maria Baca Grant No. 4 shall be restricted for

2 use only within—

3 (i) the national park;

4 (ii) the preserve;

5 (iii) the national wildlife refuge; or

6 (iv) the immediately surrounding areas of

7 Alamosa or Saguache Counties, Colorado.

8 (B) USE.—Except as provided in the memo9 randum of water service agreement and the water

10 service agreement between the Cabeza de Vaca Land

11 and Cattle Company, LC, and Baca Grande Water

12 and Sanitation District, dated August 28, 1997,

13 water rights and water resources described in sub14 paragraph (A) shall be restricted for use in—

15 (i) the protection of resources and values for

16 the national monument, the national park, the

17 preserve, or the wildlife refuge;

18 (ii) fish and wildlife management and pro19 tection; or

20 (iii) irrigation necessary to protect water

21 resources.

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 water
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1 rights shall be changed only in accordance with the

2 laws of the State of Colorado.

3 (f) DISPOSAL.—The Secretary is authorized to sell the

4 water resources and related appurtenances and fixtures as

5 the Secretary deems necessary to obtain the termination of

6 obligations specified in the memorandum of water service

7 agreement and the water service agreement between the

8 Cabeza de Vaca Land and Cattle Company, LLC and the

9 Baca Grande Water and Sanitation District, dated August

10 28, 1997. Prior to the sale, the Secretary shall determine

11 that the sale is not detrimental to the protection of the re12 sources of Great Sand Dunes National Monument, Great

13 Sand Dunes National Park, and Great Sand Dunes Na14 tional Preserve, and the Baca National Wildlife Refuge, and

15 that appropriate measures to provide for such protection

16 are included in the sale.

17 SEC. 10. ADVISORY COUNCIL.

18 (a) ESTABLISHMENT.—The Secretary shall establish

19 an advisory council to be known as the ‘‘Great Sand Dunes

20 National Park Advisory Council’’.

21 (b) DUTIES.—The Advisory Council shall advise the

22 Secretary with respect to the preparation and implementa23 tion of a management plan for the national park and the

24 preserve.
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1 (c) MEMBERS.—The Advisory Council shall consist of

2 10 members to be appointed by the Secretary, as follows:

3 (1) one member of, or nominated by, the

4 Alamosa County Commission.

5 (2) one member of, or nominated by, the

6 Saguache County Commission.

7 (3) one member of, or nominated by, the Friends

8 of the Dunes Organization.

9 (4) 4 members residing in, or within reasonable

10 proximity to, the San Luis Valley and 3 of the gen11 eral public, all of who have recognized backgrounds

12 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 (d) APPLICABLE LAW.—The Advisory Council shall

19 function in accordance with the Federal Advisory Com20 mittee Act (5 U.S.C. App.) and other applicable laws.

21 (e) VACANCY.—A vacancy on the Advisory Council

22 shall be filled in the same manner as the original appoint23 ment.
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1 (f) CHAIRPERSON.—The Advisory Council shall elect

2 a chairperson and shall establish such rules and procedures

3 as it deems necessary or desirable.

4 (g) NO COMPENSATION.—Members of the Advisory

5 Council shall serve without compensation.

6 (h) TERMINATION.—The Advisory Council shall termi7 nate upon the completion of the management plan for the

8 national park and preserve.

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated such sums as

11 are necessary to carry out this Act.

Amend the title so as to read: ‘‘A bill 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.’’.

Calendar No. 928

106TH CONGRESS

2D SESSION S. 2547

[Report No. 106–479]

A BILL

To provide for the establishment of the Great Sand

Dunes National Park and the Great Sand DunesNational Preserve in the State of Colorado, andfor other purposes.

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment and an amendment to the

title