Home > 106th Congressional Public Laws > Pub.L. 106-531 To amend chapter 35 of title 31, <> United States Code, to authorize the consolidation of certain financial and performance management reports required of Federal agencies, and for other purposes. %%Filename...

Pub.L. 106-531 To amend chapter 35 of title 31, <> United States Code, to authorize the consolidation of certain financial and performance management reports required of Federal agencies, and for other purposes. %%Filename...


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[[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 

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