I
106TH CONGRESS
2D SESSION
H. R. 4095
To provide for the establishment of the Great Sand Dunes National Park
and the Great Sand Dunes National Park Preserve in the State of
Colorado, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 2000
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the establishment of the Great Sand Dunes
National Park and the Great Sand Dunes National Park
Preserve in the State of Colorado, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Great Sand Dunes National Park Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and definitions.
Sec. 3. Establishment of Great Sand Dunes National Park and Great Sand
Dunes National Park Preserve, Colorado.
Sec. 4. Administration of national park and park preserve.
Sec. 5. Acquisition of property and boundary adjustments.
Sec. 6. Water rights.
Sec. 7. Advisory council.
Sec. 8. Authorization of appropriations.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) FINDINGS.—Congress finds the following:
(1) The Great Sand Dunes National Monument
in the State of Colorado was established by presi-
dential proclamation in 1932 to preserve Federal
lands containing spectacular and unique sand dunes
and additional features of scenic, scientific, and edu-
cational interest, including the unique pulse flow
characteristics of Sand Creek and Medano Creek
which are integral to the existence of the dunes sys-
tem.
(2) The Great Sand Dunes, together with the
associated sand sheet and adjacent wetlands and up-
lands, contain a variety of unique ecological, geologi-
cal, paleontological, archaeological, scenic, historical,
and wildlife components, which are enhanced by the
serenity and rural western setting of the area and
comprise a setting of irreplaceable national signifi-
cance.
(3) The Great Sand Dunes and adjacent lands
within the Great Sand Dunes National Monument
provide extensive opportunities for educational ac-
tivities, ecological research, and recreational activi-
ties, and are publicly used for hiking, camping, and
fishing, and for wilderness value, including solitude.
(4) Other public and private lands adjacent to
the Great Sand Dunes National Monument offer ad-
ditional unique geological, hydrological, paleontolog-
ical, scenic, scientific, educational, wildlife, and rec-
reational resources, and these lands contribute to
the protection of the sand sheet associated with the
dune mass, the ground water system on which the
features of the dunes and the adjacent wetlands rely,
and the wildlife, viewshed, and scenic qualities of the
Great Sand Dunes National Monument.
(5) Some of the private lands described in para-
graph (4) contain important portions of the sand
dune mass, the associated sand sheet, and unique al-
pine environments, which would be threatened by fu-
ture development pressures.
(6) The designation of a Great Sand Dunes Na-
tional Park, which will encompass the Great Sand
Dunes National Monument and additional lands, will
provide greater long-term protection of the geologi-
cal, 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 wetlands systems depend,
and expanded visitor use opportunities.
(7) Lands in and adjacent to the Great Sand
Dunes National Monument are—
(A) recognized for offering exceptional
multiple use opportunities;
(B) recognized for offering natural, eco-
logical, cultural, scenic, paleontological, wilder-
ness, and recreational resources;
(C) recognized as being a fragile and irre-
placeable ecological system that could be de-
stroyed if not carefully protected; and
(D) worthy of consideration for additional
protection.
(8) Designation of certain Federal lands and in-
terests therein in the vicinity of the proposed Great
Sand Dunes National Park, but outside the bound-
aries of the national park, as a park preserve is nec-
essary to provide continued game management.
(b) DEFINITIONS.—In this Act:
(1) ADVISORY COUNCIL.—The term ‘‘Advisory
Council’’ means the Great Sand Dunes National
Park Advisory Council established under section
7(a).
(2) NATIONAL
PARK.—The term ‘‘national
park’’ means the Great Sand Dunes National Park
established pursuant to section 3(a).
(3) PARK
AND
PRESERVE
MAP.—The term
‘‘park and preserve map’’ means the map entitled
‘‘Great Sand Dunes National Park and Preserve’’
and dated March 17, 2000. The map shall be on file
and available for public inspection in the offices of
the Department of the Interior.
(4) PARK
PRESERVE.—The term ‘‘park pre-
serve’’ means the Great Sand Dunes National Park
Preserve established pursuant to section 3(b) and
consisting of Federal lands and interests therein ad-
ministered by the National Park Service in the vicin-
ity of the national park, but outside the boundaries
of the national park.
(5) PARK RESOURCES AND PARK VALUES.—The
terms ‘‘park resources’’ and ‘‘park values’’ mean the
resources and values described in subsection (a), for
the protection of which both the national park and
the park preserve are established.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. ESTABLISHMENT OF GREAT SAND DUNES NA-
TIONAL PARK AND GREAT SAND DUNES NA-
TIONAL PARK PRESERVE, COLORADO.
(a) ESTABLISHMENT OF NATIONAL PARK.—
(1) ESTABLISHMENT AUTHORIZED.—The Sec-
retary is authorized to establish the Great Sand
Dunes National Park in the State of Colorado, as
generally depicted on the park and preserve map, as
a unit of the National Park System.
(2) 
ESTABLISHMENT
REQUIRED.—Notwith-
standing paragraph (1), the Secretary shall establish
the national park as soon as the Secretary deter-
mines that sufficient lands, with a sufficient diver-
sity of resources, have been acquired to warrant des-
ignation of the lands as a unit of the national park
system. Until the national park is established, the
Secretary shall notify the Committee on Energy and
Natural Resources of the Senate and the Committee
on Resources of the House of Representatives, on an
annual basis, of—
(A) the Secretary’ estimate of the acreage
necessary to achieve a sufficient diversity of re-
sources to warrant designation of the national
park; and
(B) the Secretary’s progress in acquiring
such acreage.
(3) INCLUSION OF NATIONAL MONUMENT.—The
Secretary shall include the Great Sand Dunes Na-
tional Monument in the national park, and any
funds available for purposes of the national monu-
ment shall be available for purposes of the national
park. Upon establishment of the national park, the
Great Sand Dunes National Monument is abolished.
(b) ESTABLISHMENT
OF PARK PRESERVE.—The
Secretary is authorized to establish the Great Sand Dunes
National Park Preserve in the State of Colorado, as gen-
erally depicted on the park and preserve map, as a unit
of the National Park System. The Secretary may include
in the park preserve those Federal lands adjacent to the
national park that can be managed in conjunction with
the national park to protect park resources and park val-
ues.
(c) TRANSFER OF JURISDICTION.—
(1) DEPARTMENT OF THE INTERIOR LANDS.—
The Secretary shall transfer to the administrative
jurisdiction of the National Park Service any lands
under the jurisdiction of Department of the Interior
that—
(A) are depicted on the park and preserve
map as being within the boundaries of the na-
tional park or park preserve; and
(B) are not under the administrative juris-
diction of the National Park Service as of the
date of the enactment of this Act.
(2) FOREST
SERVICE
LANDS.—The Secretary
and the Secretary of Agriculture may—
(A) transfer to the administrative jurisdic-
tion of the National Park Service those Forest
System lands depicted on the park and preserve
map that are within the boundaries of the na-
tional park or park preserve; and
(B) transfer to the administrative jurisdic-
tion of the Forest Service any lands depicted on
the park and preserve map that are under the
jurisdiction of Department of the Interior and
are suitable for inclusion in the Rio Grande Na-
tional Forest.
(3) PUBLIC
NOTICE
AND
INPUT.—The Sec-
retary and the Secretary of Agriculture shall ensure
that any agreement to transfer lands under para-
graph (2) is based upon adequate public notice and
input.
(d) MAP, LEGAL DESCRIPTION, AND BOUNDARY
SURVEY.—As soon as practicable after the establishment
of the national park and the park preserve, the Secretary
shall file maps and a legal description of the national park
and the park preserve with the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives. The maps and
legal description shall have the same force and effect as
if included in this Act, except that the Secretary may cor-
rect clerical and typographical errors in the legal descrip-
tion and maps. The maps and legal description shall be
on file and available for public inspection in the appro-
priate offices of the National Park Service. As part of the
establishment of the national park and the park preserve,
and subject to the availability of funds, the Secretary shall
complete an official boundary survey of the national park
and the park preserve.
SEC. 4. ADMINISTRATION OF NATIONAL PARK AND PARK
PRESERVE.
(a) APPLICABILITY
OF NATIONAL PARK SYSTEM
LAWS.—The Secretary shall administer the national park
and the park preserve in accordance with this Act and
laws generally applicable to units of the National Park
System, including the Act of August 25, 1916 (16 U.S.C.
1 et seq.; commonly known as the National Park Service
Organic Act), and the Act of August 21, 1935 (16 U.S.C.
461 et seq.; commonly known as the Historic Sites, Build-
ings, and Antiquities Act).
(b) PROTECTION OF HYDROLOGIC REGIME.—In ad-
ministering the national park and the park preserve, the
Secretary shall protect and maintain the balance in the
hydrologic regime necessary for the protection of park re-
sources and park values, while minimizing, to the extent
consistent with park protection, adverse impacts on adja-
cent human and wetland communities.
(c) GRAZING.—The Secretary shall authorize the con-
tinued grazing of bison on the lands owned or leased by
The Nature Conservancy within the boundaries of the na-
tional park and the park preserve.
(d) HUNTING, FISHING, AND TRAPPING.—
(1) GENERAL RULE.—The Secretary shall per-
mit hunting, fishing, and trapping on lands and wa-
ters within the park preserve in accordance with ap-
plicable Federal and State laws, except that the Sec-
retary may designate areas where, and establish lim-
ited periods when, no hunting, fishing, or trapping
will be permitted for reasons of public safety, admin-
istration, or compliance with provisions of applicable
law.
(2) CONSULTATION.—Except in emergencies,
regulations closing areas within the park preserve to
hunting, fishing, or trapping pursuant to this sub-
section shall be put into effect only after consulta-
tion with, and the agreement of, the appropriate
agency of the State of Colorado having responsibility
for fish and wildlife.
(3) RULES
OF
CONSTRUCTION.—Nothing in
this Act shall be construed as—
(A) affecting the jurisdiction or respon-
sibilities of the State of Colorado with respect
to fish and wildlife on Federal lands and waters
covered by this Act; or
(B) as authorizing the Secretary to require
a Federal permit to hunt, fish, or trap on Fed-
eral lands and waters covered by this Act.
(e) CLOSED BASIN DIVISION, SAN LUIS VALLEY
PROJECT.—Any features of the Closed Basin Division,
San Luis Valley Project, located within the boundaries of
the national park or the park preserve, and the operation,
maintenance, repair, and replacement of such features,
shall not be affected by this Act and 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 (Public Law 92–514;
43 U.S.C. 615aaa et seq.).
(f) WILDERNESS PROTECTION.—Nothing in this Act
shall be construed to change the wilderness designation
of any lands within the boundaries of the national park
poses of this Act. For purposes of section 7 of
the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–9), the boundaries of the
Rio Grande National Forest, as revised by the
transfer of land under this paragraph or section
3(c), shall be considered to be the boundaries of
the national forest.
(C) INCLUSION IN NATIONAL PARK.—The
Secretary shall include in the national park all
portions of the Luis Maria Baca Grant No. 4
acquired under paragraph (1) and not covered
by subparagraph (A) or transferred under sub-
paragraph (B).
(c) AUTHORIZED METHODS OF ACQUISITION.—Land
and water or interests therein may be acquired under this
section by donation, purchase from willing sellers with do-
nated or appropriated funds, or exchange.
(d) ADMINISTRATION.—The Secretary shall admin-
ister non-Federal land, water, or interests therein acquired
under this section pursuant to section 4, except in the case
of land described in the second sentence of subsection
(b)(2).
(e) HUNTING, FISHING, AND TRAPPING ON NON-
FEDERAL LANDS.—
(1) NO PROHIBITION.—The Secretary shall not
prohibit hunting, fishing, or trapping on non-Federal
lands located within the boundaries of the national
park.
(2) TERMINATION
OF
AUTHORITY.—On the
date that the United States acquires fee ownership
of a parcel of non-Federal land described in para-
graph (1), the restriction under such paragraph
shall terminate with respect to the parcel.
SEC. 6. WATER RIGHTS.
(a) SAN LUIS VALLEY PROTECTION, COLORADO.—
Section 1501(a)(3) of the Reclamation Projects Author-
ization and Adjustment Act of 1992 (Public Law 102–
575; 106 Stat. 4663) is amended by striking ‘‘Colorado.’’
and inserting ‘‘the Great Sands Dunes National Park, the
Great Sand Dunes Park Preserve, and any Federal lands
adjacent thereto, including purposes related to all water,
water rights, and water-dependent resources within the
park and the park preserve.’’.
(b) EFFECT ON WATER RIGHTS.—
(1) IN GENERAL.—Subject to the amendment
made by subsection (a), nothing in this Act shall—
(A) prohibit the Secretary from appro-
priating and adjudicating water rights pursuant
to the procedural requirements of the laws of
the State of Colorado as necessary to fulfill the
purposes of this Act; or
(B) affect any vested absolute or decreed
conditional water rights in existence before the
date of the enactment of this Act, including any
water rights held by the United States.
(2) STUDY.—The Secretary shall conduct a
study of the hydrologic regime to identify options for
managing or changing the use of those water rights
referred to in paragraph (1) so as to minimize ad-
verse effects down stream.
(c) TREATMENT OF NATIONAL MONUMENT WATER
RIGHTS.—To the extent water rights have been estab-
lished or acquired by the United States for the Great Sand
Dunes National Monument, the water rights shall be con-
sidered of equal use and value for the Great Sand Dunes
National Park and shall retain their priority and purpose
when included in the national park.
(d) WATER RIGHTS AND WATER RESOURCES ON
LUIS MARIA BACA GRANT NO. 4.—If and to the extent
the Luis Maria Baca Grant No. 4 is acquired by the
United States—
(1) any water rights and water resources associ-
ated with the Luis Maria Baca Grant No. 4 shall be
restricted for use—
(A) only within the national park or park
preserve or in the immediately surrounding
areas of Alamosa or Saguache Counties, Colo-
rado; and
(B) only for purposes that protect park re-
sources and park values, fish and wildlife pur-
poses, or the historical irrigation use; and
(2) the use of those water rights shall not be
changed without complying with the requirements of
the laws of the State of Colorado.
(e) PROTECTION OF WATER RESOURCES.—The Sec-
retary shall take such actions as are within the scope of
the Secretary’s authority to ensure that any new or addi-
tional water development in the San Luis Valley aquifers
is consistent with the protection and maintenance of the
hydrologic balance necessary for preservation of park re-
sources and park values.
SEC. 7. ADVISORY COUNCIL.
(a) ESTABLISHMENT.—The Secretary shall establish
an advisory council to be known as the ‘‘Great Sand
Dunes National Park Advisory Council’’.
(b) DUTY.—The Advisory Council shall advise the
Secretary with respect to preparation and implementation
of a management plan for the national park and the park
preserve.
(c) APPLICABLE LAW.—The Advisory Council shall
be subject to the following:
(1) The Federal Advisory Committee Act (5
U.S.C. App.).
(2) The Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(d) MEMBERS.—The Advisory Council shall consist
of 10 members, to be appointed by the Secretary, as fol-
lows:
(1) A member of, or nominated by, the Alamosa
County Commission.
(2) A member of, or nominated by, the
Saguache County Commission.
(3) A member of, or nominated by, the Friends
of the Dunes Organization.
(4) 7 members residing in, or within reasonable
proximity to, the San Luis Valley who have recog-
nized backgrounds reflecting—
(A) the purposes for which the national
park and the park preserve were established;
and
(B) the interests of persons who will be af-
fected by the planning and management of the
national park and the park preserve.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
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