[Senate Report 106-479]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 928
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-479

======================================================================



 
               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).

           *       *       *       *       *       *       *


                                  
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