[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4095 Introduced in House (IH)]
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 purposes.
Be it enacted by the Senate and House of Representatives 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 presidential proclamation in 1932
to preserve Federal lands containing spectacular and unique
sand dunes and additional features of scenic, scientific, and
educational interest, including the unique pulse flow
characteristics of Sand Creek and Medano Creek which are
integral to the existence of the dunes system.
(2) The Great Sand Dunes, together with the associated sand
sheet and adjacent wetlands and uplands, contain a variety of
unique ecological, geological, 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 significance.
(3) The Great Sand Dunes and adjacent lands within the
Great Sand Dunes National Monument provide extensive
opportunities for educational activities, ecological research,
and recreational activities, 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 additional unique
geological, hydrological, paleontological, scenic, scientific,
educational, wildlife, and recreational 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 paragraph (4)
contain 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 will encompass the Great Sand Dunes National Monument and
additional lands, will provide 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
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, ecological,
cultural, scenic, paleontological, wilderness, and
recreational resources;
(C) recognized as being a fragile and irreplaceable
ecological system that could be destroyed if not
carefully protected; and
(D) worthy of consideration for additional
protection.
(8) Designation of certain Federal lands and interests
therein in the vicinity of the proposed Great Sand Dunes
National Park, but outside the boundaries of the national park,
as a park preserve is necessary 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 preserve'' means the
Great Sand Dunes National Park Preserve established pursuant to
section 3(b) and consisting of Federal lands and interests
therein administered by the National Park Service in the
vicinity 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 NATIONAL PARK AND GREAT SAND
DUNES NATIONAL PARK PRESERVE, COLORADO.
(a) Establishment of National Park.--
(1) Establishment authorized.--The Secretary 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.--Notwithstanding paragraph (1),
the Secretary shall establish the national park as soon as the
Secretary determines that sufficient lands, with a sufficient
diversity of resources, have been acquired to warrant
designation 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
resources 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 National Monument in the national
park, and any funds available for purposes of the national
monument 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 generally 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 values.
(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 national park or
park preserve; and
(B) are not under the administrative jurisdiction
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 jurisdiction of
the National Park Service those Forest System lands
depicted on the park and preserve map that are within
the boundaries of the national park or park preserve;
and
(B) transfer to the administrative jurisdiction 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 National Forest.
(3) Public notice and input.--The Secretary and the
Secretary of Agriculture shall ensure that any agreement to
transfer lands under paragraph (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 correct clerical and typographical errors in the legal
description and maps. The maps and legal description shall be on file
and available for public inspection in the appropriate 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, Buildings, and Antiquities Act).
(b) Protection of Hydrologic Regime.--In administering 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 resources and park values, while minimizing, to the extent
consistent with park protection, adverse impacts on adjacent human and
wetland communities.
(c) Grazing.--The Secretary shall authorize the continued grazing
of bison on the lands owned or leased by The Nature Conservancy within
the boundaries of the national park and the park preserve.
(d) Hunting, Fishing, and Trapping.--
(1) General rule.--The Secretary shall permit hunting,
fishing, and trapping on lands and waters within the park
preserve in accordance with applicable Federal and State laws,
except that the Secretary may designate areas where, and
establish limited periods when, no hunting, fishing, or
trapping will be permitted for reasons of public safety,
administration, 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 subsection shall be put into effect
only after consultation 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 responsibilities
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 Federal 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 or the park preserve, and all designated
wilderness areas within the national park and the park preserve shall
remain subject to the Wilderness Act (43 U.S.C. 1131 et seq.).
(g) Withdrawal.--Subject to valid existing rights, all Federal
lands depicted on the park and preserve map as within the boundaries of
the national park or the park preserve are withdrawn, effective on the
date of the enactment of this Act, from all forms of entry,
appropriation, or disposal under the public land laws, from location,
entry, and patent under the mining laws, and from disposition under all
laws relating to mineral and geothermal leasing.
SEC. 5. ACQUISITION OF PROPERTY AND BOUNDARY ADJUSTMENTS.
(a) Acquisition Authority.--The Secretary may acquire non-Federal
land and water or interests therein for inclusion in the national park
or the park preserve. The lands that may be acquired include land and
water, or interests therein, owned by the State of Colorado and other
lands depicted on the park and preserve map as suitable for acquisition
by the Secretary for inclusion in the park or the park preserve. Once
the national park and the park preserve are established, lands or
interests therein acquired under this subsection shall be automatically
included within the national park or the park preserve and the boundary
adjusted accordingly.
(b) Luis Maria Baca Grant No. 4.--
(1) Acquisition authority.--The Secretary may negotiate for
and acquire all or appropriate parts of the Luis Maria Baca
Grant No. 4, as depicted on the park and preserve map.
(2) Treatment of acquired land.--
(A) Fish and wildlife administration.--In the case
of those portions of the Luis Maria Baca Grant No. 4
acquired under paragraph (1) that are depicted in Zone
A of the park and preserve map, the Secretary, acting
through the United States Fish and Wildlife Service,
shall administer the acquired lands for the
conservation of fish and wildlife as a unit of the
National Wildlife Refuge System.
(B) Forest service administration.--In the case of
those portions of the Luis Maria Baca Grant No. 4
acquired under paragraph (1) that are depicted in Zone
B of the park and preserve map, the Secretary may
transfer the acquired lands to the administrative
jurisdiction of the Forest Service, as provided in
section 3(c), for management consistent with the
purposes 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 subparagraph (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 donated or appropriated funds, or exchange.
(d) Administration.--The Secretary shall administer 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 paragraph (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 Authorization 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 appropriating 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 adverse effects down stream.
(c) Treatment of National Monument Water Rights.--To the extent
water rights have been established or acquired by the United States for
the Great Sand Dunes National Monument, the water rights shall be
considered 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 associated 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, Colorado; and
(B) only for purposes that protect park resources
and park values, fish and wildlife purposes, 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 Secretary shall take such
actions as are within the scope of the Secretary's authority to ensure
that any new or additional water development in the San Luis Valley
aquifers is consistent with the protection and maintenance of the
hydrologic balance necessary for preservation of park resources 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 follows:
(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 recognized 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 affected
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.
<all>