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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2547

_______________________________________________________________________

                                 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
                    (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.
            (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.
    (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
                    (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 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) Wildnerness 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 of 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.
            (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 Sands Dunes National Park 
                (including purposes relating to all water, water 
                rights, and water-dependent resources within the park);
                    ``(C) the Great Sand Dunes National Preserve 
                (including purposes relating to all water, water 
                rights, and water-dependent resources within the 
                preserve);
                    ``(D) the Baca National Wildlife Refuge (including 
                purposes relating to all water, water rights, and 
                water-dependent 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 preserve.--
        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 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, LC, 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 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.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the Senate October 5 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2547

_______________________________________________________________________

                                 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.

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