[106th Congress Public Law 530]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ530.106]
[[Page 114 STAT. 2527]]
Public Law 106-530
106th Congress
An Act
To provide for the establishment of the Great Sand Dunes National Park
and Preserve and the Baca National Wildlife Refuge in the State of
Colorado, and for other purposes. <<NOTE: Nov. 22, 2000 - [S. 2547]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Great Sand Dunes National
Park and Preserve Act of 2000.>> assembled,
SECTION 1. <<NOTE: 16 USC 410hhh note.>> SHORT TITLE.
This Act may be cited as the ``Great Sand Dunes National Park and
Preserve Act of 2000''.
SEC. 2. <<NOTE: 16 USC 410hhh.>> FINDINGS.
Congress finds that--
(1) the Great Sand Dunes National Monument in the State of
Colorado was established by Presidential proclamation in 1932 to
preserve Federal land containing spectacular and unique sand
dunes and additional features of scenic, scientific, and
educational interest for the benefit and enjoyment of future
generations;
(2) the Great Sand Dunes, together with the associated sand
sheet and adjacent wetland and upland, contain a variety of rare
ecological, geological, paleontological, archaeological, scenic,
historical, and wildlife components, which--
(A) include the unique pulse flow characteristics of
Sand Creek and Medano Creek that are integral to the
existence of the dunes system;
(B) interact to sustain the unique Great Sand Dunes
system beyond the boundaries of the existing National
Monument;
(C) are enhanced by the serenity and rural western
setting of the area; and
(D) comprise a setting of irreplaceable national
significance;
(3) the Great Sand Dunes and adjacent land within the Great
Sand Dunes National Monument--
(A) provide extensive opportunities for educational
activities, ecological research, and recreational
activities; and
(B) are publicly used for hiking, camping, and
fishing, and for wilderness value (including solitude);
(4) other public and private land adjacent to the Great Sand
Dunes National Monument--
(A) offers additional unique geological,
hydrological, paleontological, scenic, scientific,
educational, wildlife, and recreational resources; and
[[Page 114 STAT. 2528]]
(B) contributes to the protection of--
(i) the sand sheet associated with the dune
mass;
(ii) the surface and ground water systems that
are necessary to the preservation of the dunes and
the adjacent wetland; and
(iii) the wildlife, viewshed, and scenic
qualities of the Great Sand Dunes National
Monument;
(5) some of the private land described in paragraph (4)
contains important portions of the sand dune mass, the
associated sand sheet, and unique alpine environments, which
would be threatened by future development pressures;
(6) the designation of a Great Sand Dunes National Park,
which would encompass the existing Great Sand Dunes National
Monument and additional land, would provide--
(A) greater long-term protection of the geological,
hydrological, paleontological, scenic, scientific,
educational, wildlife, and recreational resources of the
area (including the sand sheet associated with the dune
mass and the ground water system on which the sand dune
and wetland systems depend); and
(B) expanded visitor use opportunities;
(7) land in and adjacent to the Great Sand Dunes National
Monument is--
(A) recognized for the culturally diverse nature of
the historical settlement of the area;
(B) recognized for offering natural, ecological,
wildlife, cultural, scenic, paleontological, wilderness,
and recreational resources; and
(C) recognized as being a fragile and irreplaceable
ecological system that could be destroyed if not
carefully protected; and
(8) preservation of this diversity of resources would ensure
the perpetuation of the entire ecosystem for the enjoyment of
future generations.
SEC. 3. <<NOTE: 16 USC 410hhh-1.>> DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Great Sand Dunes National Park Advisory Council established
under section 8(a).
(2) Luis maria baca grant no. 4.--The term ``Luis Maria Baca
Grant No. 4'' means those lands as described in the patent dated
February 20, 1900, from the United States to the heirs of Luis
Maria Baca recorded in book 86, page 20, of the records of the
Clerk and Recorder of Saguache County, Colorado.
(3) Map.--The term ``map'' means the map entitled ``Great
Sand Dunes National Park and Preserve'', numbered 140/80,032 and
dated September 19, 2000.
(4) National monument.--The term ``national monument'' means
the Great Sand Dunes National Monument, including lands added to
the monument pursuant to this Act.
(5) National park.--The term ``national park'' means the
Great Sand Dunes National Park established in section 4.
(6) National wildlife refuge.--The term ``wildlife refuge''
means the Baca National Wildlife Refuge established in section
6.
[[Page 114 STAT. 2529]]
(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. <<NOTE: 16 USC 410hhh-2.>> GREAT SAND DUNES NATIONAL PARK,
COLORADO.
(a) Establishment.--When <<NOTE: Effective
date. Notification. Federal Register, publication.>> 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. <<NOTE: 16 USC 410hhh-3.>> GREAT SAND DUNES NATIONAL PRESERVE,
COLORADO.
(a) Establishment of Great Sand Dunes National Preserve.--(1) There
is hereby established the Great Sand Dunes National Preserve in the
State of Colorado, as generally depicted on the map, as a unit of the
National Park System.
(2) Administrative jurisdiction of lands and interests therein
administered by the Secretary of Agriculture within the boundaries of
the preserve is transferred to the Secretary of the Interior, to be
administered as part of the preserve. The Secretary of Agriculture shall
modify the boundaries of the Rio Grande National Forest to exclude the
transferred lands from the forest boundaries.
[[Page 114 STAT. 2530]]
(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. <<NOTE: 16 USC 410hhh-4, 668dd note.>> 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) <<NOTE: Effective date. Federal Register, publication.>> Such
establishment shall be effective upon publication of a notice of the
Secretary's determination in the Federal Register.
(b) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the United States Fish
and Wildlife Service.
(c) Administration.--The Secretary shall administer all lands and
interests therein acquired within the boundaries of the national
wildlife refuge in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of
September 28, 1962 (16 U.S.C. 460k et seq.) (commonly known as the
Refuge Recreation Act).
(d) Protection of Water Resources.--In administering water resources
for the national wildlife refuge, the Secretary shall--
(1) protect and maintain irrigation water rights necessary
for the protection of monument, park, preserve, and refuge
resources and uses; and
(2) minimize, to the extent consistent with the protection
of national wildlife refuge resources, adverse impacts on other
water users.
SEC. 7. <<NOTE: 16 USC 410hhh-5.>> 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
[[Page 114 STAT. 2531]]
(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
[[Page 114 STAT. 2532]]
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) <<NOTE: Applicability.>> 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. <<NOTE: 16 USC 410hhh-6.>> 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.
[[Page 114 STAT. 2533]]
(2) Forest service administration.--(A) Any lands acquired
within the area depicted on the map as being located within Zone
B shall be transferred to the Secretary of Agriculture and shall
be added to and managed as part of the Rio Grande National
Forest.
(B) For the purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries
of the Rio Grande National Forest, as revised by the transfer of
land under paragraph (A), shall be considered to be the
boundaries of the national forest.
SEC. 9. <<NOTE: 16 USC 410hhh-7.>> WATER RIGHTS.
(a) San Luis Valley Protection, Colorado.--Section 1501(a) of the
Reclamation Projects Authorization and Adjustment Act of 1992 (Public
Law 102-575; 106 Stat. 4663) is amended by striking paragraph (3) and
inserting the following:
``(3) adversely affect the purposes of--
``(A) the Great Sand Dunes National Monument;
``(B) the Great Sand Dunes National Park (including
purposes relating to all water, water rights, and water-
dependent resources within the park);
``(C) the Great Sand Dunes National Preserve
(including purposes relating to all water, water rights,
and water-dependent resources within the preserve);
``(D) the Baca National Wildlife Refuge (including
purposes relating to all water, water rights, and water-
dependent resources within the national wildlife
refuge); and
``(E) any Federal land adjacent to any area
described in subparagraph (A), (B), (C), or (D).''.
(b) Effect on Water Rights.--
(1) In general.--Subject to the amendment made by subsection
(a), nothing in this Act affects--
(A) the use, allocation, ownership, or control, in
existence on the date of enactment of this Act, of any
water, water right, or any other valid existing right;
(B) any vested absolute or decreed conditional water
right in existence on the date of enactment of this Act,
including any water right held by the United States;
(C) any interstate water compact in existence on the
date of enactment of this Act; or
(D) subject to the provisions of paragraph (2),
State jurisdiction over any water law.
(2) Water rights for national park and national preserve.--
In carrying out this Act, the Secretary shall obtain and
exercise any water rights required to fulfill the purposes of
the national park and the national preserve in accordance with
the following provisions:
(A) Such water rights shall be appropriated,
adjudicated, changed, and administered pursuant to the
procedural requirements and priority system of the laws
of the State of Colorado.
(B) The purposes and other substantive
characteristics of such water rights shall be
established pursuant to State law, except that the
Secretary is specifically authorized to appropriate
water under this Act exclusively for the purpose of
maintaining ground water levels, surface water
[[Page 114 STAT. 2534]]
levels, and stream flows on, across, and under the
national park and national preserve, in order to
accomplish the purposes of the national park and the
national preserve and to protect park resources and park
uses.
(C) Such water rights shall be established and used
without interfering with--
(i) any exercise of a water right in existence
on the date of enactment of this Act for a non-
Federal purpose in the San Luis Valley, Colorado;
and
(ii) the Closed Basin Division, San Luis
Valley Project.
(D) Except as provided in subsections (c) and (d),
no Federal reservation of water may be claimed or
established for the national park or the national
preserve.
(c) National Forest Water Rights.--To the extent that a water right
is established or acquired by the United States for the Rio Grande
National Forest, the water right shall--
(1) be considered to be of equal use and value for the
national preserve; and
(2) retain its priority and purpose when included in the
national preserve.
(d) National Monument Water Rights.--To the extent that a water
right has been established or acquired by the United States for the
Great Sand Dunes National Monument, the water right shall--
(1) be considered to be of equal use and value for the
national park; and
(2) retain its priority and purpose when included in the
national park.
(e) Acquired Water Rights and Water Resources.--
(1) In general.--(A) If, and to the extent that, the Luis
Maria Baca Grant No. 4 is acquired, all water rights and water
resources associated with the Luis Maria Baca Grant No. 4 shall
be restricted for use only within--
(i) the national park;
(ii) the preserve;
(iii) the national wildlife refuge; or
(iv) the immediately surrounding areas of Alamosa or
Saguache Counties, Colorado.
(B) Use.--Except as provided in the memorandum of water
service agreement and the water service agreement between the
Cabeza de Vaca Land and Cattle Company, LLC, and Baca Grande
Water and Sanitation District, dated August 28, 1997, water
rights and water resources described in subparagraph (A) shall
be restricted for use in--
(i) the protection of resources and values for the
national monument, the national park, the preserve, or
the wildlife refuge;
(ii) fish and wildlife management and protection; or
(iii) irrigation necessary to protect water
resources.
(2) State authority.--If, and to the extent that, water
rights associated with the Luis Maria Baca Grant No. 4 are
acquired, the use of those water rights shall be changed only in
accordance with the laws of the State of Colorado.
(f) Disposal.--The Secretary is authorized to sell the water
resources and related appurtenances and fixtures as the Secretary deems
necessary to obtain the termination of obligations specified
[[Page 114 STAT. 2535]]
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. <<NOTE: 16 USC 410hhh-8.>> ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish an advisory
council to be known as the ``Great Sand Dunes National Park Advisory
Council''.
(b) Duties.--The Advisory Council shall advise the Secretary with
respect to the preparation and implementation of a management plan for
the national park and the preserve.
(c) Members.--The Advisory Council shall consist of 10 members, to
be appointed by the Secretary, as follows:
(1) One member of, or nominated by, the Alamosa County
Commission.
(2) One member of, or nominated by, the Saguache County
Commission.
(3) One member of, or nominated by, the Friends of the Dunes
Organization.
(4) Four members residing in, or within reasonable proximity
to, the San Luis Valley and 3 of the general public, all of whom
have recognized backgrounds reflecting--
(A) the purposes for which the national park and the
preserve are established; and
(B) the interests of persons that will be affected
by the planning and management of the national park and
the preserve.
(d) Applicable Law.--The Advisory Council shall function in
accordance with the Federal Advisory Committee Act (5 U.S.C. App.) and
other applicable laws.
(e) Vacancy.--A vacancy on the Advisory Council shall be filled in
the same manner as the original appointment.
(f) Chairperson.--The Advisory Council shall elect a chairperson and
shall establish such rules and procedures as it deems necessary or
desirable.
(g) No Compensation.--Members of the Advisory Council shall serve
without compensation.
(h) Termination.--The Advisory Council shall terminate upon the
completion of the management plan for the national park and preserve.
[[Page 114 STAT. 2536]]
SEC. 11. <<NOTE: 16 USC 410hhh-9.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Approved November 22, 2000.
LEGISLATIVE HISTORY--S. 2547:
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SENATE REPORTS: No. 106-479 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 5, considered and passed Senate.
Oct. 25, considered and passed House.
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