[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.
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