[Senate Report 106-479]
[From the U.S. Government Publishing Office]
Calendar No. 928
106th Congress Report
SENATE
2d Session 106-479
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GREAT SAND DUNES NATIONAL PARK ACT OF 2000
_______
October 3 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2547]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2547) to provide for the establishment of
the great San Dunes National Park and the Great Dunes National
Preserve in the State of Colorado, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
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 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 wet-land 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 in
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 form 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. 688dd 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. 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 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)
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) 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) 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.
2. Amend the title 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.''.
Purpose of the Measure
The purpose of S. 2547, as ordered reported, is to provide
for the establishment of Great Sand Dunes National Park and
Preserve and the Baca National Wildlife Refuge in the State of
Colorado.
Background and Need
Great Sand Dunes National Monument was established as a
unit of the National Park System by presidential proclamation
on March 17, 1932, ``. . . for the preservation of the great
sand dunes and additional features of scenic, scientific, and
educational interest.'' The national monument covers
approximately 38,000 acres of the high elevation San Luis
Valley in south central Colorado.
The current monument boundary includes only the dunes
themselves, which, at over 700 feet in height, are the tallest
in North America. The dunes, however, are only one part of a
highly complex system that includes the extremely fragile and
vulnerable sand sheet, the surrounding watershed, and the
underground aquifer, all of which are integral to the flow of
water and replenishment of sand that created and maintains the
dunes. These critical elements of the system are located mostly
outside of the monument boundaries, on Federal, State, and
private lands. Expanding the boundaries of the national
monument to include the entire natural system, as provided for
in S. 2547, will help to ensure the long-term preservation of
the dunes.
Expansion of the monument's boundaries would also help to
address long-standing concerns surrounding protection of the
water resources of the San Luis Valley. A large ranch, known as
the Luis Maria Baca Grant No. 4, is located to the west of the
existing national monument and contains key lands in the sand
sheet and water resources that support the dune system, as well
as other wetlands, rich wildlife habitat, and a diversity of
ecosystem types. In 1986, the private owners of the Baca
property attempted to obtain a water right to pump as much as
200,000 acre-feet per year from the unconfined aquifer beneath
the land to communities along Colorado's Front Range. The
effort failed when the courts dismissed their claims, and the
owners subsequently sold the property. The potential for
development and export of the water, however, is still a major
concern for residents of the valley because of the potential
for such a project to affect the availability of water for
irrigation and other local uses. S. 2547 would authorize the
Federal acquisition of the Baca property, incorporating parts
of the property into a national park, national wildlife refuge,
and the existing national forest. The legislation requires the
Department of the Interior to work with the State of Colorado
to protect the water dependent resources of the dunes while not
jeopardizing valid existing water rights held by others.
S. 2547 authorizes the Secretary of the Interior to
establish the Great Sand Dunes National Park when the Secretary
determines that land having a sufficient diversity of resources
has been acquired to warrant its designation as a national
park. The national park will include the existing national
monument (which will be abolished when the national park is
established), as well as adjacent lands located generally to
the west, including the Baca property and other State, private,
and Federal lands which would be acquired by or transferred to
the National Park Service. In addition, S. 2547 establishes the
Great Sand Dunes National Preserve from lands that are
currently included in the Rio Grande National Forest.
Administrative jurisdiction over these lands is transferred
from the Secretary of Agriculture to the Secretary of the
Interior to be managed as a unit of the National Park System.
Finally, S. 2547 authorizes the Secretary to establish the Baca
National Wildlife Refuge after determining that sufficient
lands have been acquired to constitute an area that can be
efficiently managed as a National Wildlife Refuge. The refuge
would be comprised of the western portion of lands acquired
from the Luis Maria Baca Grant No. 4, as well as adjacent State
and private lands, and land currently managed by the Bureau of
Land Management.
The measure includes provisions to permit hunting in the
preserve, and maintains the jurisdiction and responsibilities
of the State of Colorado with respect to fish and wildlife on
Federal land covered by the Act. The legislation would allow
grazing on private or State-owned lands within the boundaries
of the national park. Grazing may also be permitted on
Federally acquired State or private lands, and on other Federal
lands unless it is determined to be harmful to the resources or
values of the park or preserve.
The legislation also creates an advisory council to advise
the Secretary with respect to preparation and implementation of
a management plan for the park and preserve.
Legislative History
S. 2547 was introduced by Senators Allard and Campbell on
May 11, 2000. The Subcommittee on National Parks, Historic
Preservation and Recreation held a hearing on S. 2547 on June
22, 2000. At the business meeting on September 20, 2000, the
Committee on Energy and Natural Resources ordered S. 2547
favorably reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2547, if amended as described herein.
Committee Amendment
During the consideration of S. 2547, the Committee adopted
an amendment in the nature of a substitute and an amendment to
the title. In addition to making a number of technical and
clarifying changes, the amendment made several substantive
changes which are described in detail in the Section-by-Section
analysis, below.
Section-by-Section Analysis
Section 1 designates the bill's short title as the ``Great
Sand Dunes National Park and Preserve Act of 2000.''
Section 2 contains congressional findings.
Section 3 defines key terms used in the bill.
Section 4(a) authorizes the Secretary of the Interior
(Secretary) to establish the Great Sand Dunes National Park in
the State of Colorado, as generally depicted on the map
identified in section 3 (map). The Secretary may establish the
park when he determines that sufficient land having a
sufficient diversity of resources has been acquired to warrant
designation of the land as a national park.
Subsection (b) requires the map to be available for public
inspection in the appropriate offices of the National Park
Service.
Subsection (c) requires the Secretary to provide annual
notification to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives of the acreage necessary to warrant the
designation of the national park and the progress made by the
Secretary in acquiring the necessary lands.
Subsection (d) abolishes the Great Sand Dunes National
Monument on the date that the national park is established. All
funds made available for the national monument are transferred
to the national park.
Subsection (e) transfers administrative jurisdiction to the
National Park Service over any Department of the Interior lands
that are depicted on the map as being within the boundaries of
the national park or preserve and are not under the
jurisdiction of the National Park Service on the date this
legislation is enacted.
Section 5(a) establishes the Great Sand Dunes National
Preserve in the State of Colorado as a unit of the National
Park System. Administrative jurisdiction over lands in the Rio
Grande National Forest that are within the boundaries on the
national preserve are transferred from the Secretary of
Agriculture to the Secretary of the Interior to be administered
as part of the preserve. Any lands within the boundaries of the
preserve that were designated as wilderness shall remain
wilderness.
Subsection (b) requires the Secretary to file maps and a
legal description of the park and preserve.
Subsection (c) requires the Secretary to complete an
official boundary survey.
Section 6(a) authorizes the Secretary to establish the Baca
National Wildlife Refuge within the area depicted on the map
when he determines that sufficient land has been acquired to
constitute an area that can be efficiently managed as a
National Wildlife Refuge.
Subsection (b) requires that the map be on file and
available for inspection in the appropriate offices of the U.S.
Fish and Wildlife Service.
Subsection (c) requires the Secretary to administer all
acquired lands within the boundaries of the national wildlife
refuge in accordance to the laws governing the National
Wildlife Refuge System.
Subsection (d) requires the water resources of the national
wildlife refuge to be administered by the Secretary in a manner
that protects and maintains irrigation water rights necessary
for the protection of the national monument, national park,
national preserve, and the refuge resources and uses; and to
minimize, to the extent consistent with protection of national
wildlife refuge resources, adverse impacts on other water
users.
Section 7(a) requires the Secretary to administer the
national park and preserve in accordance with the laws
pertaining to units of the National Park System.
Subsection (b) authorizes the Secretary to allow grazing to
continue on any acquired State or private lands on which
grazing was authorized to occur prior to the date of enactment
of this legislation. The Secretary may permit existing grazing
activities to continue on Federal lands that are within the
boundaries of the national monument or the national park and
preserve, unless he determines that grazing would be harmful to
the resources of the park or preserve.
Subsection (c) requires the Secretary to permit hunting,
fishing, and trapping within the preserve. The Secretary may
establish limited periods when such activities are prohibited
for reasons of public safety, administration, or compliance
with applicable law. Except in emergencies, the Secretary must
consult with the appropriate agency of the State of Colorado in
making such closures. 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.
Subsection (d) requires that any feature or facility of the
Closed Basin Division, San Luis Valley Project, be unaffected
by this Act and continue to be the responsibility of, and
operated by, the Bureau of Reclamation.
Subsection (e) states that on the date of enactment of this
Act, subject to valid existing rights, all Federal land
depicted on the park and preserve map as being located within
Zone A, or within the boundaries of the national monument,
national park or the preserve is withdrawn from: (1) all forms
of entry, appropriation, or disposal under the public land
laws; (2) location, entry, and patent under the mining laws,
and; (3) disposition under all laws relating to mineral and
geothermal leasing. These provisions also apply to any lands
acquired under this Act or transferred from any Federal agency.
Subsection (f) states that nothing in this Act alters the
wilderness designation of any land within the boundaries of the
national park and preserve, and that all areas designated as
wilderness will 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).
Section 8(a) authorizes the Secretary to acquire lands and
interests in lands within the national monument or the area
depicted on the map as the ``Acquisition Area'' by donation,
purchase, transfer from another Federal agency, or exchange.
Lands owned by the State of Colorado may only be acquired by
donation or exchange.
Subsection (b) authorizes the Secretary to modify the
boundaries of any conservation unit to which lands are added or
transferred.
Subsection (c) requires the Secretary, upon acquisition of
any lands under subsection (a), to transfer administrative
jurisdiction to the National Park Service or the United States
Fish and Wildlife Service, as appropriate. Any lands acquired
within the area depicted on the map as Zone B are to be
transferred to the Secretary of Agriculture to be administered
as part of the Rio Grande National Forest.
Section 9(a) amends section 1501(a) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102-575; 106 Stat. 4663) to add the national park, national
preserve, national wildlife refuge, and adjacent Federal lands
to the list of lands covered by the Act.
Subsection (b) affirms that the use, allocation, ownership,
or control of any water or existing water rights are not
affected by this Act. Also unaffected are any interstate
compacts, and State water law and jurisdiction. In carrying out
this Act, any water rights obtained or exercised by the
Secretary are required to be appropriated, adjudicated, and
administered pursuant to the procedural requirements and
priority system of the laws of the State of Colorado. The
purposes and other substantive characteristics of such water
rights will be governed by the State law, except that the
Secretary is specifically authorized to appropriate water for
the purpose of maintaining ground water levels, surface water
levels, and stream flows on, across, and under the national
park and preserve. Such water rights must be established and
used without interfering with the exercise of any water rights
previously established in the San Luis Valley for non-Federal
purposes, and without interference with the Closed Basin
Division of the San Luis Valley reclamation and pumping
project. Except as provided in subsections (c) and (d), no
Federal reservation of water may be claimed or established for
the national park or preserve.
Subsections (c) and (d) recognize that water rights may
have been previously acquired or established for the national
forest and monument lands that will be added to the park and
preserve, such as Federally reserved water rights that have
been decreed for instream flows along Medano and Sand Creeks
within the monument. These water rights will be considered of
equal use and value for the park and preserve, and will retain
their priority and purposes when included in the part and
preserve.
Subsection (e) limits the potential for exportation of any
water resources that are associated with the Luis Maria Baca
Grant No. 4 ranch property. If the ranch is acquired, any water
rights or water resources associated with it may only be used
within the national park and preserve, the national wildlife
refuge, and the immediately surrounding areas of Alamosa or
Saguache Counties. The use of such acquired water rights and
water resources is restricted to the protection of the
resources and values of the national monument, national park,
and national preserve, fish and wildlife management and
protection, and irrigation necessary to protect water
resources. These water rights and resources may also be used to
meet the obligations provided for in the memorandum of water
service agreement and the water service agreement between the
Cabeza de Vaca Land and Cattle Company and Baca Grande Water
and Sanitation District, dated August 28, 1997 (hereinafter
referred to as the ``water service agreement'').
Subsection (f) authorizes the Secretary to obtain the
termination of obligations specified in the water service
agreement by selling the water resources and related
appurtenances and fixtures. The Secretary must first determine
that such a sale will not be detrimental to the protection of
the resources of the national monument, national park, national
preserve, or the national wildlife refuge.
Section 10 directs the establishment of an advisory council
to advise the Secretary with respect to the preparation and
implementation of a management plan for the national park and
preserve. The advisory council will consist of 10 members,
appointed by the Secretary, and will terminate upon completion
of management plan for the national park and preserve.
Cost and Budgetary Considerations
The Congressional Budget Office cost estimate report had
not been received at the time the report was filed. When the
report becomes available, the Chairman will request that it be
printed in the Congressional Record for the advice of the
Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2547. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2547, as ordered reported.
Executive Communications
On June 23, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior, the Department of Agriculture, and the Office of
Management and Budget setting forth Executive agency
recommendations on S. 2547. These reports had not been received
at the time the report on S. 2547 was filed. When the reports
become available, the Chairman will request that they be
printed in the Congressional Record for the advice of the
Senate. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement by Stephen Saunders, Deputy Assistant Secretary for Fish,
Wildlife, and Parks, Department of the Interior
Mr. Chairman and members of the subcommittee, I appreciate
the opportunity to present the views of the Department of the
Interior on S. 2547, a bill to establish Great Sand Dunes
National Park and Great Sand Dunes National Preserve.
Secretary Babbitt strongly supports legislation to
authorize the expansion and redesignation of Great Sand Dunes
National Monument as a national park, to fully protect the
largest inland system of sand dunes in North America. With some
redrafting of some of the legislative language, we believe this
legislation will make an important contribution to the
preservation of our nation's special natural places.
Before turning to the particulars of the legislation, I
would like to emphasize two general points.
First, this legislation is an excellent example of what we
can do when we work together.
In December 1999, Secretary Babbitt Secretary traveled to
Colorado and met with Senators Allard and Campbell, Congressman
McInnis, Colorado Attorney General Ken Salazar, and other
Coloradans to explore the threats to the sand dunes and the
opportunities to preserve them. In that meeting--which some in
the Colorado press immediately called the Summit at the Dunes--
we found broad agreement about what needs to be done, and about
the need to work together to make it happen. Since then, the
Secretary and others in the Department have worked closely with
the Colorado Congressional delegation, the state government,
and others in reaching agreement on the broad outlines of the
legislation that is before the Subcommittee today. Through that
process, and the give-and-take that it requires, we have
developed a proposal that might not be exactly what any of us
would have crafted on our own. We believe the outlines of the
legislation are good, and we are pleased with the spirit of
common purpose and cooperation with which we have worked
together. We want to continue working together in the same way
as the legislative process goes forward.
Second, the essential feature of this legislation is to
authorize the acquisition of lands next to the monument,
primarily those known as the Baca Ranch, and associated water
rights, without which we cannot guarantee the protection of a
unique, valuable ecosystem, Colorado's Great Sand Dunes. The
ranch's acquisition is supported by the Administration, which
requested $8.5 million for an initial payment for this purchase
in FY 2001. It is supported by Senators and Representatives of
both parties in the Colorado Congressional delegation. It is
supported by Colorado Governor Bill Owens, a Republican, and by
the Attorney General of Colorado, Ken Salazar, the highest
ranking Democrat in the state government, who, as a native of
this part of the State, understands this issue especially well.
And it is supported by people throughout Colorado.
Let me turn now to the particulars of the legislation.
Great Sand Dunes National Monument was established in 1932
to protect the largest inland system of sand dunes in the
United States, covering some 38 square miles in Colorado's San
Luis Valley, at the foot of the Sangre de Cristo mountains.
When the monument was established, little was known about the
changes and movement of sand, much less just how these dunes
were created and sustained. We did know that the dunes were the
most visible and defining characteristic of a natural process,
the result of sand transported by wind and water. Since then,
we have learned that the monument contains only one-quarter of
the ecosystem that sustains the dunes, and that the continued
life of the dunes depends on sand deposits, groundwater, and
streams that are outside of the monument's boundaries.
Ultimately, it is the water that may be most important
here. In recent years, there have been efforts to use the water
rights associated with the Baca Ranch, which are among the most
senior in the State, for a transmountain diversion to carry as
much as 200,000 acre-feet of groundwater from the ranch to the
population centers of Colorado's Front Range. Removing the
water from this ecosystem, however, would destroy the system
that has created and sustained the sand dunes, and ultimately
would destroy the dunes themselves. Acquiring these water
rights, as authorized by this legislation, would assure the
permanent protection of the dunes, for the enjoyment of this
and future generations.
The acquisition of the Baca Ranch would be an acquisition
of much more than water. The ranch includes portions of the
Sangre de Cristo mountain range, including Kit Carson Peak, one
of two privately-owned mountains over 14,000 feet in Colorado.
The lands that would be added to the monument and made part of
the new national park under this legislation--the Baca Ranch
and other lands--have been identified in the State of
Colorado's Natural Heritage Program as among the most important
lands in the State in terms of their global biodiversity
significance. The lands also contain important wetlands that
are essential to one of the most significant intra-mountain
migratory bird flyways in the west.
To protect the ecosystem of the Great Sand Dunes and
achieve other important national benefits, the Department has
encouraged the Colorado congressional delegation to build upon
some key principles in the development of this legislation,
including:
The legislation should authorize the acquisition of land
and water, or interests therein, adjacent to Great Sand Dunes
National Monument, to be added to the national monument (and
ultimately become part of a new national park), to be added to
the National Wildlife Refuge system, transferred to the Forest
Service, or used for other land exchanges.
The Secretary of the Interior should be authorized to
redesignate the Great Sand Dunes National Monument as Great
Sand Dunes National Park when sufficient additional lands have
been acquired.
Any transfer of lands under the legislation to the Forest
Service in exchange for lands from the Rio Grande National
Forest being added to the new national park should be
authorized, but not mandated, and should require the approval
of both the Secretary of the Interior and the Secretary of
Agriculture.
The legislation should provide for Federal water rights
sufficient to protect the purposes of the expanded national
monument and new national park.
The Nature Conservancy, which has a bison ranch on property
that would be within the expanded boundary of the monument and
new national park, should be allowed to continue that grazing,
so long as it does not significantly adversely affect the
resources of the monument/park.
The legislation should designate as wilderness the current
Bureau of Land Management wilderness study areas that would be
added to the monument.
The Bureau of Reclamation's Closed Basin water project
should not be adversely affected by the legislation.
The law governing Federal approval of transbasin water
diversions from the San Luis Valley (section 1501 of Public Law
102-1992) should be amended to clarify that it applies to
diversions affecting the purposes of the expanded monument and
new national park, not just the current monument.
S. 2547 fully reflects most of these principles.
There are, however, some areas in which we believe the
language of S. 2547 needs clarification or other changes.
First, section 4(c)(2) of the bill appears to make the
possible transfer of lands between the Forest Service and the
National Park Service a discretionary matter, while section
6(b)(2)(B) appears to make it mandatory. We strongly urge the
committee to clarify that any transfer would only occur if
agreed to by both the Secretaries of the Interior and
Agriculture.
Second, we would like the opportunity to work with the
committee and the bill's sponsors to see if we can reach a
consensus on an appropriate boundary for the preserve that
would allow for hunting while also protecting the area's
resources to the greatest extent possible.
Third, the language of the bill could be read to limit
acquisition of lands to only those non-Federal lands suitable
for inclusion in the park or the preserve, or to acquisition of
the Luis Maria Baca Grant No. 4. However, there are other lands
that constitute what is commonly known as the ``Baca Ranch''
that fall outside the Luis Maria Baca Grant No. 4. There are
also non-Federal lands that appear on the map that would not
necessarily be suitable for inclusion in the park or the
preserve, but would be suitable for refuge or forest purposes.
We suggest removing the reference to the particular land grant
lands in the bill to insure that the Secretary has the
authority to acquire any of the lands within the proposed
acquisition area on the map.
Fourth, the bill is unclear about what happens to acquired
lands intended to be part of the national park, but prior to
the designation of the park. We believe the intent is that
acquired land would either be added to an expanded national
monument prior to designation of the park, would be transferred
to the U.S. Fish and Wildlife Service in order to create a new
national wildlife refuge, or would be available for transfer to
the U.S. Forest Service to be added to the existing national
forest. Additionally, the bill is unclear about which agency
would be responsible for managing the land available for
transfer to the Forest Service prior to an agreement for the
transfer between the Secretary of the Interior and the
Secretary of Agriculture. Language needs to be included in S.
2547 to state that lands acquired for the park would be added
to and administered as part of the Great Sand Dunes National
Monument prior to the Secretary's designation of the park. We
also propose that language be added that gives the Secretary of
the Interior flexibility for management of the lands available
for transfer to the Forest Service during the interim period
prior to an agreement for its transfer.
Fifth, the bill does not include a specific requirement for
how the Secretarial designation of the park would be effected.
We recommend including in the bill a requirement for
publication of the notice of park designation in the Federal
Register, which will also be the date the existing national
monument would be extinguished.
Sixth, it should be clear that the Secretary's creation of
a national preserve adjacent to the national park is
discretionary, in that it would only occur if an agreement is
reached with the Secretary of Agriculture that provides for the
transfer of existing national forest lands that would become
the preserve. We also recommend section 4(b)(2) be deleted
since it could be interpreted to authorize acquisition of any
forest or other public lands for the proposed national park
instead of the limited forest lands shown on the map.
Seventh, the extent of the Secretary's acquisition
authority in the bill needs to be clarified. The Secretary is
given general authority to acquire lands through donation,
purchase, or exchange. However, this authority does not mention
acquiring land through transfer from other federal agencies.
Perhaps the transfer language that is included in other
portions of the bill is intended to address this method of
acquisition, but the bill is unclear exactly when the transfer
authority would operate. We believe this ambiguity could be
addressed by only including the acquisition authority in one
section of the bill and by eliminating redundant authorities
elsewhere.
Eighth, we believe the withdrawal language needs to be
clarified. The bill states that on the date of enactment all
federal lands within the boundaries of the national park and
preserve are withdrawn from mineral entry. This language should
also apply to non-Federal lands and lands that are acquired
after the date of enactment for inclusion within the national
park and preserve boundaries or for inclusion within a national
wildlife refuge. The language should also apply to any Federal
land subsequently included with the national park or preserve
boundaries, such as through transfer from the Forest Service.
Ninth, S. 2547 does not designate wilderness. There are
four Bureau of Land Management (BLM) Wilderness Study Areas
that would be transferred to the national monument (that would
later become a national park). These four parcels, totaling
1,284 acres, adjoin existing wilderness within the national
monument's boundaries. We are aware of no possible other uses
for these tracts of land, and are unaware of any controversy
regarding their designation as wilderness. We strongly believe
we should use this opportunity to designate these tracts as
wilderness and recommend the bill be amended to designate them.
Tenth, while we would prefer to have a simple federal
reserved water right for the expanded monument and new national
park, we believe it is possible to reach agreement on an
alternative approach to water rights. We are pleased that the
bill grants the Secretary authority to obtain and exercise
water rights under state and federal law to the extent
necessary for purposes identified in the legislation. We are
also pleased that the bill preserves all valid existing water
uses and rights established under state law. We are pleased to
see that S. 2547 allows the Secretary to pursue a water right
defined by federal substantive law to protect park purposes,
while not adversely affecting valid existing rights. However,
we do not understand why the Baca Grant water grant was singled
out for special consideration. We are concerned that the bill
appears to allow these water rights to be used solely for
purposes outside the boundaries of the park and preserve. We
believe this was not the intent as this use could threaten the
existence of the dune system that we are all striving to
protect. And, while the bill preserves the existing agreement
for water service to the Baca Grande Water and Sanitation
District, we would like to explore other ideas with the
committee for securing a permanent solution for the district
and for minimizing the National Park Service's involvement. We
look forward to working with you to assure that maximum
flexibility exists to allow the National Park Service to
examine the administration and assignment of water rights
provided to NPS in order to assure they are administered in the
most efficient way possible.
Finally, the Department believes that the duties assigned
by S. 2547 to the advisory council can be accomplished through
established local and regional forums in which the National
Park Service already participates. These groups include the San
Luis Valley County Commissioner's Association, the San Luis
Valley Wetlands Focus Group, Friends of the Dunes, and the Rio
Grand Water Conservation District. Involving these groups, and
other bodies, as already required under NEPA, can accomplish
the goals assigned to the advisory council with significant
cost and time savings.
Additionally, the National Park Service has already spent a
substantial amount of time working with groups of interested
individuals, organizations, and state, local and federal
government agencies in an effort to reach consensus on as many
issues as possible. These groups included the U.S. Forest
Service, Bureau of Land Management, the Alamosa and Saguache
County Commissioners, The Nature Conservancy, and other land
owners.
There are a few other matters that we believe are
relatively minor drafting issues, which we would like to work
with the Committee and the bill's sponsors to address.
In conclusion, Mr. Chairman, we would like to work with you
and others in Congress to take advantage of this opportunity to
preserve resources important to the nation, by protecting an
entire natural process that is the core for one of the more
unique units of the National Park System. I would be happy to
answer any questions you might have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2547, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
PUBLIC LAW 102-575--OCT. 30, 1992
AN ACT to authorize additional appropriations for the construction of
the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan
Missouri Basin Program, Wyoming.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XV--SAN LUIS VALLEY PROTECTION, COLORADO
SEC. 1501. PERMIT ISSUANCE PROHIBITED.
(a) No agency or instrumentality of the United States shall
issue any permit, license, right-of-way, grant, loan or other
authorization or assistance for any project or feature of any
project to withdraw water from the San Luis Valley, Colorado,
for export to another basin in Colorado or export to any
portion of another State, unless the Secretary of the Interior
determines, after due consideration of all findings provided by
the Colorado Water Conservation Board, that the project will
not:
(1) increase the costs or negatively affect operation
of the Closed Basin Project;
(2) adversely affect the purposes of any national
wildlife refuge or Federal wildlife habitat area
withdrawal located in the San Luis Valley, Colorado; or
[(3) adversely affect the purposes of the Great Sand
Dunes National Monument, Colorado.]
(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), and
(D).
* * * * * * *