[Senate Report 110-284]
[From the U.S. Government Publishing Office]
Calendar No. 636
110th Congress Report
SENATE
2d Session 110-284
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GREAT SAND DUNES NATIONAL PARK AND PRESERVE ACT OF 2000 AMENDMENTS ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 127]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 127) to amend the Great Sand Dunes
National Park and Preserve Act of 2000 to explain the purpose
and provide for the administration of the Baca National
Wildlife Refuge, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
On page 3, strike lines 12 through 14 and insert the
following:
``(3) subject to any agreement in existence as of the
date of enactment of this paragraph, and to the extent
consistent with the purposes of the Refuge, use decreed
water rights on the Refuge in approximately the same
manner that the water rights have been used
historically.''.
Purpose
The purpose of S. 127 is to amend the Great Sand Dunes
National Park and Preserve Act of 2000 to explain the purpose
and provide for the administration of the Baca National
Wildlife Refuge.
Background and Need
Public Law 106-530 required the Secretary of the Interior
to establish the Great Sand Dunes National Park. In addition,
the law required the Secretary, upon determining that
sufficient land has been acquired to constitute an area that
can be efficiently managed as a National Wildlife Refuge, to
establish the Baca National Wildlife Refuge. Subsequently, in
2004, the Secretary established the refuge.
Although Public Law 106-530 gave the Secretary the
authority to establish the refuge, it did not set forth
specific purposes for doing so. It would be helpful to the Fish
and Wildlife Service to have Congress enact such a provision so
that it could guide management direction and a management plan.
Legislative History
S. 127 was introduced by Senator Allard and Senator Salazar
on January 4, 2007. Rep. Salazar introduced a companion measure
in the House of Representatives (H.R. 1658) on March 22, 2007.
The Subcommittee on National Parks held a hearing on S. 127 on
September 11, 2007. (S. Hrg. 110-213.) The Committee on Energy
and Natural Resources ordered it favorably reported on January
30, 2008.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 127, if
amended as described herein.
Committee Amendment
During its consideration of S. 127, the Committee adopted
an amendment to the bill. The amendment makes it clear that the
provision in the bill requiring the Secretary, in administering
water resources on the refuge, to use decreed water rights on
the refuge in approximately the same manner that the water
rights have been used historically, is subject to existing
agreements and must be consistent with the purposes of the
refuge.
Section-by-Section Analysis
Section 1 amends section 6 of the Great Sand Dunes National
Park and Preserve Act of 2000 by adding a purpose for the Baca
National Wildlife Refuge. This section also requires the
Secretary, in administering water resources on the refuge, to
use decreed water rights on the refuge in approximately the
same manner that the water rights have been used historically,
subject to any agreement in existence and to the extent
consistent with the purposes of the refuge.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 127--A bill to amend the Great Sand Dunes National Park and Preserve
Act of 2000 to explain the purpose and provide for the
administration of the Baca National Wildlife Refuge
S. 127 would specify that the purpose of the Baca National
Wildlife Refuge in Colorado is to restore and maintain habitats
for native wildlife, plants, and fish in the San Luis Valley.
The bill also would clarify that the Department of the Interior
shall continue to use water rights for the refuge as it has in
the past.
CBO estimates that enacting S. 127 would have no effect on
refuge operating costs or other discretionary spending because
the legislation clarifies existing law and refuge practice.
Enacting S. 127 would not affect direct spending or revenues.
S. 127 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
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. 127. 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. 127, as ordered reported.
Congressionally Directed Spending
S. 127, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined by rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
September 11, 2007 hearing follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and Members of the Subcommittee, thank you for
the opportunity to testify today on behalf of the
Administration on a number of bills.
s. 127 to amend the great sand dunes national park and preserve act of
2000
S. 127 would amend the Great Sand Dunes National Park and
Preserve Act of 2000 to explain the purpose and provide for the
administration of the Baca National Wildlife Refuge in
Colorado. The Administration supports this bill if amended. The
bill amends earlier legislation by affirmatively establishing a
purpose statement for the Refuge.
The Fish and Wildlife Service is currently managing the
refuge under a Conceptual Management Plan finalized in 2005.
The Plan noted that the refuge's authorizing legislation did
not state a purpose and proposed language similar to that of S.
127. Specifically, S. 127 would explicitly define the purpose
of the refuge as, ``. . . to restore, enhance, and maintain
wetland, upland, riparian, and other habitats for native
wildlife, plant, and fish species in the San Luis Valley.'' The
Service would also be required to emphasize migratory bird
conservation and manage the refuge in concert with broader
landscape scale conservation efforts.
The bill also includes a language requiring the Service to
manage water on the refuge in approximately the same manner as
has occurred historically. While this is the current intent of
the Fish and Wildlife Service, such a requirement could be read
to run counter to the purpose of the refuge and the
sustainability of the wildlife, plant, and fish species and
their habitat for which the refuge was established. As
discussed below, for this reason we recommend a clarifying
amendment to this language.
background on baca national wildlife refuge
The Baca National Wildlife Refuge is located in Saguache
and Alamosa Counties in the San Luis Valley of south-central
Colorado. The approved acquisition boundary includes 92,500
acres of wetlands, desert shrub grasslands, and riparian lands
and abuts lands managed by other conservation agencies and
organizations, including the National Park Service, the U.S.
Forest Service, and The Nature Conservancy. Other land features
included within the refuge include stabilized sand dunes,
intermittent streams, and approximately 20,000 acres of wetland
basins, many of which are maintained through irrigation
practices with decreed water rights. The refuge is administered
as a unit of the San Luis Valley National Wildlife Refuge
Complex, which includes the Alamosa and Monte Vista refuges,
and other smaller units throughout the Valley.
The refuge's wetlands are an integral part of a larger
wetlands complex that constitutes the largest and most diverse
assemblage of wetlands in the State of Colorado. Several bird
species of conservation concern, such as White-faced ibis, rely
on the Baca's wetlands for key foraging areas during the
breeding season. Waterfowl and other water birds heavily
utilize wetlands and other habitats on the refuge at various
times of year, especially during the nesting season. Native
fish species, including a recently discovered population of Rio
Grande chub, which is listed by the State of Colorado as
species of concern, and the Rio Grande sucker, listed by the
State as endangered, live on the refuge in small streams
draining from the Sangre de Cristo Range. Elk, mule deer, and
pronghorn also use the refuge.
To date, the Service has acquired 57,000 acres of fee-title
land, and, in cooperation with neighboring landowners, is
managing an additional 27,000 acres within the acquisition
boundary.
The refuge was authorized by Congress in 2000 as part of
the larger creation of the Great Sand Dunes National Park and
Preserve. While Congress did direct the Secretary of the
Interior, acting through the Service, to administer the refuge
in accordance with the National Wildlife Refuge System
Administration Act of 1966 and the Refuge Recreation Act of
1962, and specified certain water management requirements, no
formal purpose for the refuge was provided.
Typically, national wildlife refuges, when established by
Congress or by Executive action, are assigned a primary purpose
that gives the Service clear management direction for the
refuge. For example, many refuges have as their purpose the
conservation of migratory birds. Others were established
primarily for big game, or the conservation of species
protected by the Endangered Species Act. In recent years, an
increasing number of refuges have been established in urban
areas to promote environmental education. Numerous refuges have
multiple purposes.
It is important to note that these primary purposes do not
necessarily preclude other management activities, including
public use. Rather, they give refuge managers a framework for
planning and implementing management activities, including
long-range conservation planning to compatibility
determinations, both of which were key provisions of the 1997
amendments to the 1966 Refuge Administration Act.
Designating purposes for the Baca National Wildlife Refuge
is also necessary because the refuge is part of a larger public
lands complex, comprised of multiple federal jurisdictions,
which is in turn situated on a landscape with diverse land
ownership status. Because refuges, by definition, are unique in
their ``wildlife first'' approach to land management, it is
important for the Service to be able to communicate with other
area landowners, both public and private, as well as the
general public about the purposes for which the Service will
manage the Baca, as well as the overarching mission of the
National Wildlife Refuge System.
water use requirement
The only change the Administration recommends to the bill
as currently written does not involve the purpose statement of
the refuge but the provision at section 1(3), which would
require the Secretary of Interior, in administering water
resources on the refuge to ``use decreed water rights on the
Refuge in approximately the same manner that the water rights
have been used historically.'' As noted above, historically,
water has been used to irrigate lands now included in the Baca
National Wildlife Refuge. The Service expects to continue to
manage the land in such a fashion, however, the document that
will guide the future of the refuge is a Comprehensive
Conservation Plan (CCP). While this plan will not be finished
for a number of years, the refuge will be operating under the
current Plan and provide for ``compatible'' uses as provided by
the National Wildlife Refuge System Improvement Act. The
requirement of S. 127 to use ``decreed water in approximately
the same manner'' as it has been used historically could
restrict the options for future management actions available to
the Service in developing the CCP.
Additionally, there is a pre-existing water service
agreement between the Service and the Baca Grande Water and
Sanitation District associated with the refuge. This agreement
obligates the Service to lease up to 4,000 acre-feet of water
rights--which the Service acquired along with the refuge--to
the District. Currently, there are several wells on the refuge
that are decreed for irrigation. Under the terms of the
agreement, if the District requests the full amount of water to
which they are entitled, the Service will need to change the
decreed use of these wells from irrigation to municipal to
fulfill the District's request. Because the Service must file
in State water court to change the decreed use of these wells
from irrigation to municipal, we wish to avoid any potential
conflict between 5.127 and future state water court
proceedings.
For these reasons, we recommend amending the bill to
include the following italicized language:
(3) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at
the end;
(B) in paragraph (2), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) subject to existing agreements and to the
extent it does not interfere with refuge purposes, use
decreed water rights on the Refuge in approximately the
same manner that the water rights have been used
historically.''.
Mr. Chairman and Members of the Subcommittee, this
concludes my prepared testimony on S. 127. I would like to
extend our appreciation to you and the rest of the
Subcommittee, especially Senator Salazar, for your leadership
and support for the National Wildlife Refuge System and for
landscape conservation efforts in the San Luis Valley. I would
be happy to respond to any questions you may 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. 127 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):
GREAT SAND DUNES NATIONAL PARK AND PRESERVE ACT OF 2000
(Public Law 106-530)
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Sand Dunes National
Park and Preserve Act of 2000.''
* * * * * * *
SEC. 6. BACA NATIONAL WILDLIFE REFUGE, COLORADO.
[(a) Establishment.--(1) When] (a) Establishment and
Purpose._
(1) Establishment._
(A) In general._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] (B) Effective date._The
establishment of the refuge under subparagraph (A)
shall be effective upon publication of a notice of the
Secretary's determination in the Federal Register.
(2) Purpose._The purpose of the Baca National
Wildlife Refuge shall be to restore, enhance, and
maintain wetland, upland, riparian, and other habitats
for native wildlife, plant, and fish species in the San
Luis Valley.
(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] (1) In general.--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).
(2) Requirements.--In administering the Baca National
Wildlife Refuge, the Secretary shall, to the maximum extent
practicable--
(A) emphasize migratory bird conservation; and
(B) take into consideration the role of the Refuge in
broader landscape conservation efforts.
(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[.]; and
(3) subject to any agreement in existence as of the
date of enactment of this paragraph, and to the extent
consistent with the purposes of the Refuge, use decreed
water rights on the Refuge in approximately the same
manner that the water rights have been used
historically.
* * * * * * *