S. 2547

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To provide for the establishment of the Great Sand Dunes National Park and

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

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Park and Preserve Act of 2000’’.

SEC. 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 for the benefit and enjoyment of future

generations;

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

sand sheet and adjacent wetland and upland, contain a variety

of rare ecological, geological, paleontological, archaeological,

scenic, historical, and wildlife components, which—

(A) include the unique pulse flow characteristics of

Sand Creek and Medano Creek that are integral to the

existence of the dunes system;

(B) interact to sustain the unique Great Sand Dunes

system beyond the boundaries of the existing National

Monument;

(C) are enhanced by the serenity and rural western

setting of the area; and

(D) 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
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(B) contributes to the protection of—

(i) the sand sheet associated with the dune mass;

(ii) the surface and ground water systems that

are necessary to the preservation of the dunes and

the adjacent wetland; 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 existing 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;

(7) land in and adjacent to the Great Sand Dunes National

Monument is—

(A) recognized for the culturally diverse nature of the

historical settlement of the area;

(B) recognized for offering natural, ecological, wildlife,

cultural, scenic, paleontological, wilderness, and recreational resources; and

(C) recognized as being a fragile and irreplaceable

ecological system that could be destroyed if not carefully

protected; and

(8) preservation of this diversity of resources would ensure

the perpetuation of the entire ecosystem for the enjoyment

of future generations.

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) LUIS MARIA BACA GRANT NO. 4.—The term ‘‘Luis Maria

Baca Grant No. 4’’ means those lands as described in the

patent dated February 20, 1900, from the United States to

the heirs of Luis Maria Baca recorded in book 86, page 20,

of the records of the Clerk and Recorder of Saguache County,

Colorado.

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Great

Sand Dunes National Park and Preserve’’, numbered 140/80,032

and dated September 19, 2000.

(4) NATIONAL MONUMENT.—The term ‘‘national monument’’

means the Great Sand Dunes National Monument, including

lands added to the monument pursuant to this Act.

(5) NATIONAL PARK.—The term ‘‘national park’’ means the

Great Sand Dunes National Park established in section 4.

(6) NATIONAL WILDLIFE REFUGE.—The term ‘‘wildlife refuge’’

means the Baca National Wildlife Refuge established in section

6.
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(7) PRESERVE.—The term ‘‘preserve’’ means the Great Sand

Dunes National Preserve established in section 5.

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

described in section 2.

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

of the Interior.

(10) USES.—The term ‘‘uses’’ means the uses described

in section 2.

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

(a) ESTABLISHMENT.—When the Secretary determines that sufficient land having a sufficient diversity of resources has been

acquired to warrant designation of the land as a national park,

the Secretary shall establish the Great Sand Dunes National Park

in the State of Colorado, as generally depicted on the map, as

a unit of the National Park System. Such establishment shall

be effective upon publication of a notice of the Secretary’s determination in the Federal Register.

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

Park Service.

(c) 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—

(1) the estimate of the Secretary of the lands necessary

to achieve a sufficient diversity of resources to warrant designation of the national park; and

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

lands.

(d) ABOLISHMENT OF NATIONAL MONUMENT.—(1) On the date

of establishment of the national park pursuant to subsection (a),

the Great Sand Dunes National Monument shall be abolished,

and any funds made available for the purposes of the national

monument shall be available for the purposes of the national park.

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

document, record, map, or other paper of the United States to

‘‘Great Sand Dunes National Monument’’ shall be considered a

reference to ‘‘Great Sand Dunes National Park’’.

(e) TRANSFER OF JURISDICTION.—Administrative jurisdiction is

transferred to the National Park Service over any land under the

jurisdiction of the Department of the Interior that—

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

of the national park or the preserve; and

(2) is not under the administrative jurisdiction of the

National Park Service on the date of enactment of this Act.

SEC. 5. GREAT SAND DUNES NATIONAL PRESERVE, COLORADO.

(a) ESTABLISHMENT OF GREAT SAND DUNES NATIONAL PRESERVE.—(1) There is hereby established the Great Sand Dunes

National Preserve in the State of Colorado, as generally depicted

on the map, as a unit of the National Park System.

(2) Administrative jurisdiction of lands and interests therein

administered by the Secretary of Agriculture within the boundaries

of the preserve is transferred to the Secretary of the Interior,

to be administered as part of the preserve. The Secretary of Agriculture shall modify the boundaries of the Rio Grande National

Forest to exclude the transferred lands from the forest boundaries.
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(3) Any lands within the preserve boundaries which were designated as wilderness prior to the date of enactment of this Act

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

seq.) and the Colorado Wilderness Act of 1993 (Public Law 103–

767; 16 U.S.C. 539i note).

(b) MAP AND LEGAL DESCRIPTION.—(1) 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) The map 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) The map and legal description shall be on file and available

for public inspection in the appropriate offices of the National

Park Service.

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

establishment of the national park and preserve and subject to

the availability of funds, the Secretary shall complete an official

boundary survey.

SEC. 6. BACA NATIONAL WILDLIFE REFUGE, COLORADO.

(a) ESTABLISHMENT.—(1) When the Secretary determines that

sufficient land has been acquired to constitute an area that can

be efficiently managed as a National Wildlife Refuge, the Secretary

shall establish the Baca National Wildlife Refuge, as generally

depicted on the map.

(2) Such establishment shall be effective upon publication of

a notice of the Secretary’s determination in the Federal Register.

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

States Fish and Wildlife Service.

(c) ADMINISTRATION.—The Secretary shall administer all lands

and interests therein acquired within the boundaries of the national

wildlife refuge in accordance with the National Wildlife Refuge

System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and

the Act of September 28, 1962 (16 U.S.C. 460k et seq.) (commonly

known as the Refuge Recreation Act).

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

resources for the national wildlife refuge, the Secretary shall—

(1) protect and maintain irrigation water rights necessary

for the protection of monument, park, preserve, and refuge

resources and uses; and

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

of national wildlife refuge resources, adverse impacts on other

water users.

SEC. 7. ADMINISTRATION OF NATIONAL PARK AND PRESERVE.

(a) IN GENERAL.—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, 2–4); and
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(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) GRAZING.—

(1) ACQUIRED STATE OR PRIVATE LAND.—With respect to

former State or private land on which grazing is authorized

to occur on the date of enactment of this Act and which is

acquired for the national monument, or the national park and

preserve, or the wildlife refuge, the Secretary, in consultation

with the lessee, may permit the continuation of grazing on

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

applicable law (including regulations).

(2) FEDERAL LAND.—Where grazing is permitted on land

that is Federal land as of the date of enactment of this Act

and that is located within the boundaries of the national monument or the national park and preserve, the Secretary is authorized to permit the continuation of such grazing activities unless

the Secretary determines that grazing would harm the

resources or values of the national park or the preserve.

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

shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the national

monument or the national park or the preserve.

(c) 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 be made in consultation

with the appropriate agency of the State of Colorado having

responsibility for fish and wildlife administration.

(4) SAVINGS CLAUSE.—Nothing in this Act 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.

(d) 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 monument, national

park or the national wildlife refuge, 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.).

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

subject to valid existing rights, all Federal land depicted on the
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map as being located within Zone A, or within the boundaries

of the national monument, the national park or the preserve is

withdrawn from—

(A) all forms of entry, appropriation, or disposal under

the public land laws;

(B) location, entry, and patent under the mining laws;

and

(C) disposition under all laws relating to mineral and geothermal leasing.

(2) The provisions of this subsection also shall apply to any

lands—

(A) acquired under this Act; or

(B) transferred from any Federal agency after the date

of enactment of this Act for the national monument, the

national park or preserve, or the national wildlife refuge.

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

the Wilderness designation of any land within the national monument, the national park, or the preserve.

(2) All areas designated as Wilderness that are transferred

to the administrative jurisdiction of the National Park Service

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

seq.) and the Colorado Wilderness Act of 1993 (Public Law 103–

77; 16 U.S.C. 539i note). If any part of this Act conflicts with

the provisions of the Wilderness Act or the Colorado Wilderness

Act of 1993 with respect to the wilderness areas within the preserve

boundaries, the provisions of those Acts shall control.

SEC. 8. ACQUISITION OF PROPERTY AND BOUNDARY ADJUSTMENTS.

(a) ACQUISITION AUTHORITY.—(1) Within the area depicted on

the map as the ‘‘Acquisition Area’’ or the national monument,

the Secretary may acquire lands and interests therein by purchase,

donation, transfer from another Federal agency, or exchange: Provided, That lands or interests therein may only be acquired with

the consent of the owner thereof.

(2) Lands or interests therein owned by the State of Colorado,

or a political subdivision thereof, may only be acquired by donation

or exchange.

(b) BOUNDARY ADJUSTMENT.—As soon as practicable after the

acquisition of any land or interest under this section, the Secretary

shall modify the boundary of the unit to which the land is transferred pursuant to subsection (b) to include any land or interest

acquired.

(c) ADMINISTRATION OF ACQUIRED LANDS.— (1) GENERAL AUTHORITY.—Upon acquisition of lands under

subsection (a), the Secretary shall, as appropriate—

(A) transfer administrative jurisdiction of the lands

to the National Park Service—

(i) for addition to and management as part of

the Great Sand Dunes National Monument, or

(ii) for addition to and management as part of

the Great Sand Dunes National Park (after designation

of the Park) or the Great Sand Dunes National Preserve; or

(B) transfer administrative jurisdiction of the lands

to the United States Fish and Wildlife Service for addition

to and administration as part of the Baca National Wildlife

Refuge.
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(2) FOREST SERVICE ADMINISTRATION.—(A) Any lands

acquired within the area depicted on the map as being located

within Zone B shall be transferred to the Secretary of Agriculture and shall be added to and managed as part of the

Rio Grande National Forest.

(B) 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 paragraph (A), shall be considered to

be the boundaries of the national forest.

SEC. 9. 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 Sand Dunes National Park (including

purposes relating to all water, water rights, and waterdependent 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);

‘‘(D) the Baca National Wildlife Refuge (including purposes relating to all water, water rights, and waterdependent resources within the national wildlife refuge);

and

‘‘(E) any Federal land adjacent to any area described

in subparagraph (A), (B), (C), or (D).’’.

(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, ownership, or control, in existence on the date of enactment of this Act, of any water,

water right, or any other valid existing right;

(B) any vested absolute or decreed conditional water

right in existence on the date of enactment of this Act,

including any water right held by the United States;

(C) any interstate water compact in existence on the

date of enactment of this Act; or

(D) subject to the provisions of paragraph (2), State

jurisdiction over any water law.

(2) WATER RIGHTS FOR NATIONAL PARK AND NATIONAL PRE- SERVE.—In carrying out this Act, the Secretary shall obtain

and exercise any water rights required to fulfill the purposes

of the national park and the national preserve in accordance

with the following provisions:

(A) Such water rights shall be appropriated, adjudicated, changed, and administered pursuant to the procedural requirements and priority system of the laws of the

State of Colorado.

(B) The purposes and other substantive characteristics

of such water rights shall be established pursuant to State

law, except that the Secretary is specifically authorized

to appropriate water under this Act exclusively for the

purpose of maintaining ground water levels, surface water
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levels, and stream flows on, across, and under the national

park and national preserve, in order to accomplish the

purposes of the national park and the national preserve

and to protect park resources and park uses.

(C) Such water rights shall be established and used

without interfering with—

(i) any exercise of a water right in existence on

the date of enactment of this Act for a non-Federal

purpose in the San Luis Valley, Colorado; and

(ii) the Closed Basin Division, San Luis Valley

Project.

(D) Except as provided in subsections (c) and (d), no

Federal reservation of water may be claimed or established

for the national park or the national preserve.

(c) NATIONAL FOREST 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) ACQUIRED WATER RIGHTS AND WATER RESOURCES.— (1) IN GENERAL.—(A) 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;

(iii) the national wildlife refuge; or

(iv) the immediately surrounding areas of Alamosa

or Saguache Counties, Colorado.

(B) USE.—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, water rights and water resources described in subparagraph (A) shall be restricted for use in—

(i) the protection of resources and values for the

national monument, the national park, the preserve, or

the wildlife refuge;

(ii) fish and wildlife management and protection; or

(iii) irrigation necessary to protect water resources.

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

resources and related appurtenances and fixtures as the Secretary

deems necessary to obtain the termination of obligations specified
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in the memorandum of water service agreement and the water

service agreement between the Cabeza de Vaca Land and Cattle

Company, LLC and the Baca Grande Water and Sanitation District,

dated August 28, 1997. Prior to the sale, the Secretary shall determine that the sale is not detrimental to the protection of the

resources of Great Sand Dunes National Monument, Great Sand

Dunes National Park, and Great Sand Dunes National Preserve,

and the Baca National Wildlife Refuge, and that appropriate measures to provide for such protection are included in the sale.

SEC. 10. ADVISORY COUNCIL.

(a) ESTABLISHMENT.—The Secretary shall establish an advisory

council to be known as the ‘‘Great Sand Dunes National Park

Advisory Council’’.

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

with respect to the preparation and implementation of a management plan for the national park and the preserve.

(c) MEMBERS.—The Advisory Council shall consist of 10 members, to be appointed by the Secretary, as follows:

(1) One member of, or nominated by, the Alamosa County

Commission.

(2) One member of, or nominated by, the Saguache County

Commission.

(3) One member of, or nominated by, the Friends of the

Dunes Organization.

(4) Four members residing in, or within reasonable proximity to, the San Luis Valley and 3 of the general public,

all of whom 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.

(d) APPLICABLE LAW.—The Advisory Council shall function in

accordance with the Federal Advisory Committee Act (5 U.S.C.

App.) and other applicable laws.

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

filled in the same manner as the original appointment.

(f) CHAIRPERSON.—The Advisory Council shall elect a chairperson and shall establish such rules and procedures as it deems

necessary or desirable.

(g) NO COMPENSATION.—Members of the Advisory Council shall

serve without compensation.

(h) TERMINATION.—The Advisory Council shall terminate upon

the completion of the management plan for the national park and

preserve.
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SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.