Collapse to view only § 410hhh-4. Baca National Wildlife Refuge, Colorado
- § 410hhh. Findings
- § 410hhh-1. Definitions
- § 410hhh-2. Great Sand Dunes National Park, Colorado
- § 410hhh-3. Great Sand Dunes National Preserve, Colorado
- § 410hhh-4. Baca National Wildlife Refuge, Colorado
- § 410hhh-5. Administration of national park and preserve
- § 410hhh-6. Acquisition of property and boundary adjustments
- § 410hhh-7. Water rights
- § 410hhh-8. Advisory Council
- § 410hhh-9. Authorization of appropriations
The term “Advisory Council” means the Great Sand Dunes National Park Advisory Council established under section 410hhh–6(a) 1
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.
The term “map” means the map entitled “Great Sand Dunes National Park and Preserve”, numbered 140/80,032 and dated September 19, 2000.
The term “national monument” means the Great Sand Dunes National Monument, including lands added to the monument pursuant to this subchapter.
The term “national park” means the Great Sand Dunes National Park established in section 410hhh–2 of this title.
The term “wildlife refuge” means the Baca National Wildlife Refuge established in section 410hhh–4 of this title.
The term “preserve” means the Great Sand Dunes National Preserve established in section 410hhh–3 of this title.
The term “resources” means the resources described in section 410hhh of this title.
The term “Secretary” means the Secretary of the Interior.
The term “uses” means the uses described in section 410hhh of this title.
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.
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
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.
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.
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.
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.
The map shall be on file and available for public inspection in the appropriate offices of the United States Fish and Wildlife Service.
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).
With respect to former State or private land on which grazing is authorized to occur on November 22, 2000, 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).
Where grazing is permitted on land that is Federal land as of November 22, 2000, 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.
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.
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.
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.
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.
Nothing in this subchapter affects any jurisdiction or responsibility of the State of Colorado with respect to fish and wildlife on Federal land and water covered by this subchapter.
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) 1
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.
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.
The Secretary shall establish an advisory council to be known as the “Great Sand Dunes National Park Advisory Council”.
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.
The Advisory Council shall function in accordance with chapter 10 of title 5 and other applicable laws.
A vacancy on the Advisory Council shall be filled in the same manner as the original appointment.
The Advisory Council shall elect a chairperson and shall establish such rules and procedures as it deems necessary or desirable.
Members of the Advisory Council shall serve without compensation.
The Advisory Council shall terminate upon the completion of the management plan for the national park and preserve.
There are authorized to be appropriated such sums as are necessary to carry out this subchapter.