[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2547 Enrolled Bill (ENR)]

        S.2547

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To provide for the establishment of the Great Sand Dunes National Park 
   and Preserve and the Baca National Wildlife Refuge in the State of 
                    Colorado, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Sand Dunes National Park and 
Preserve Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
        (1) the Great Sand Dunes National Monument in the State of 
    Colorado was established by Presidential proclamation in 1932 to 
    preserve Federal land containing spectacular and unique sand dunes 
    and additional features of scenic, scientific, and educational 
    interest for the benefit and enjoyment of future generations;
        (2) the Great Sand Dunes, together with the associated sand 
    sheet and adjacent wetland and upland, contain a variety of rare 
    ecological, geological, paleontological, archaeological, scenic, 
    historical, and wildlife components, which--
            (A) include the unique pulse flow characteristics of Sand 
        Creek and Medano Creek that are integral to the existence of 
        the dunes system;
            (B) interact to sustain the unique Great Sand Dunes system 
        beyond the boundaries of the existing National Monument;
            (C) are enhanced by the serenity and rural western setting 
        of the area; and
            (D) comprise a setting of irreplaceable national 
        significance;
        (3) the Great Sand Dunes and adjacent land within the Great 
    Sand Dunes National Monument--
            (A) provide extensive opportunities for educational 
        activities, ecological research, and recreational activities; 
        and
            (B) are publicly used for hiking, camping, and fishing, and 
        for wilderness value (including solitude);
        (4) other public and private land adjacent to the Great Sand 
    Dunes National Monument--
            (A) offers additional unique geological, hydrological, 
        paleontological, scenic, scientific, educational, wildlife, and 
        recreational resources; and
            (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) Wilderness Protection.--(1) Nothing in this Act alters the 
Wilderness designation of any land within the national monument, the 
national park, or the preserve.
    (2) All areas designated as Wilderness that are transferred to the 
administrative jurisdiction of the National Park Service shall remain 
subject to the Wilderness Act (16 U.S.C. 1131 et seq.) and the Colorado 
Wilderness Act of 1993 (Public Law 103-77; 16 U.S.C. 539i note). If any 
part of this Act conflicts with the provisions of the Wilderness Act or 
the Colorado Wilderness Act of 1993 with respect to the wilderness 
areas within the preserve boundaries, the provisions of those Acts 
shall control.
SEC. 8. ACQUISITION OF PROPERTY AND BOUNDARY ADJUSTMENTS.
    (a) Acquisition Authority.--(1) Within the area depicted on the map 
as the ``Acquisition Area'' or the national monument, the Secretary may 
acquire lands and interests therein by purchase, donation, transfer 
from another Federal agency, or exchange: Provided, That lands or 
interests therein may only be acquired with the consent of the owner 
thereof.
    (2) Lands or interests therein owned by the State of Colorado, or a 
political subdivision thereof, may only be acquired by donation or 
exchange.
    (b) Boundary Adjustment.--As soon as practicable after the 
acquisition of any land or interest under this section, the Secretary 
shall modify the boundary of the unit to which the land is transferred 
pursuant to subsection (b) to include any land or interest acquired.
    (c) Administration of Acquired Lands.--
        (1) General authority.--Upon acquisition of lands under 
    subsection (a), the Secretary shall, as appropriate--
            (A) transfer administrative jurisdiction of the lands to 
        the National Park Service--
                (i) for addition to and management as part of the Great 
            Sand Dunes National Monument, or
                (ii) for addition to and management as part of the 
            Great Sand Dunes National Park (after designation of the 
            Park) or the Great Sand Dunes National Preserve; or
            (B) transfer administrative jurisdiction of the lands to 
        the United States Fish and Wildlife Service for addition to and 
        administration as part of the Baca National Wildlife Refuge.
        (2) Forest service administration.--(A) Any lands acquired 
    within the area depicted on the map as being located within Zone B 
    shall be transferred to the Secretary of Agriculture and shall be 
    added to and managed as part of the Rio Grande National Forest.
        (B) For the purposes of section 7 of the Land and Water 
    Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of 
    the Rio Grande National Forest, as revised by the transfer of land 
    under paragraph (A), shall be considered to be the boundaries of 
    the national forest.

SEC. 9. WATER RIGHTS.

    (a) San Luis Valley Protection, Colorado.--Section 1501(a) of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (Public 
Law 102-575; 106 Stat. 4663) is amended by striking paragraph (3) and 
inserting the following:
        ``(3) adversely affect the purposes of--
            ``(A) the Great Sand Dunes National Monument;
            ``(B) the Great Sand Dunes National Park (including 
        purposes relating to all water, water rights, and 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, LLC, and Baca Grande Water and 
    Sanitation District, dated August 28, 1997, water rights and water 
    resources described in subparagraph (A) shall be restricted for use 
    in--
            (i) the protection of resources and values for the national 
        monument, the national park, the preserve, or the wildlife 
        refuge;
            (ii) fish and wildlife management and protection; or
            (iii) irrigation necessary to protect water resources.
        (2) State authority.--If, and to the extent that, water rights 
    associated with the Luis Maria Baca Grant No. 4 are acquired, the 
    use of those water rights shall be changed only in accordance with 
    the laws of the State of Colorado.
    (f) Disposal.--The Secretary is authorized to sell the water 
resources and related appurtenances and fixtures as the Secretary deems 
necessary to obtain the termination of obligations specified 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.