[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S9990-S9993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               GREAT SAND DUNES NATIONAL PARK ACT OF 2000

  The Senate proceeded to consider the bill (S. 2547) to provide for 
the establishment of the Great Sand Dunes National Park and the Great 
Sand Dunes National Preserve in the State of Colorado, and for other 
purposes, which had been reported by the Committee on Energy and 
Natural Resources with an amendment to strike out all after the 
enacting clause and insert the part printed in italic.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Great Sand Dunes National 
     Park 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;

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       (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

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     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. 4601-9), 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 
     subparagraphs (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 
     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) below, 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

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     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) 4 members residing in, or within reasonable proximity 
     to, the San Luis Valley and 3 of the general public, all of 
     who 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.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2547), as amended, was read the third time and passed.
  The title was amended so as to read: ``A bill 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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