[Senate Report 114-330]
[From the U.S. Government Publishing Office]
Calendar No. 603
114th Congress } { Report
SENATE
2d Session } { 114-330
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BOUNDARY MODIFICATION OF VOYAGEURS NATIONAL PARK
_______
September 6, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2805]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2805) to modify the boundary of Voyageurs
National Park in the State of Minnesota, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
1. On page 2, line 3, strike ``2009'' and insert ``2009 (22
sheets)''.
Purpose
The purpose of S. 2805 is to modify the boundary of
Voyageurs National Park in the State of Minnesota to include
several parcels of land administered by the National Park
Service.
Background and Need
Voyageurs National Park (Park) was established in 1975 in
northern Minnesota near International Falls. The name Voyageurs
commemorates the French-Canadian fur traders who were the first
European settlers to frequently travel through the area. The
Kabetogama Peninsula, which lies entirely within the Park and
makes up most of its land area, is accessible only by boat. The
Park is notable for its outstanding water resources and is
popular with canoeists, kayakers, other boaters, and fisherman.
Park visitors can obtain information about the Park from the
three visitor centers, and can view films, see exhibits, and
learn about and experience the landscape, geology, wildlife,
plants, and the Park's history.
The Bureau of Land Management (BLM) currently administers
lands within the boundaries of the Park that were not
transferred to the National Park Service (NPS) when the Park
was established. S. 2805 formally transfers these BLM lands to
the NPS. Enactment of the legislation is expected to save
agency time and taxpayer dollars by eliminating the need for
duplicative land management.
In addition, this legislation resolves an outstanding land
management issue faced by the State of Minnesota and
Koochiching County by authorizing a land exchange between the
State of Minnesota and the NPS for certain State tax-forfeited
tracts within the boundaries of Voyageurs National Park with a
NPS owned tract outside the Park boundary.
Legislative History
S. 2805 was introduced by Senators Franken and Klobuchar on
April 14, 2016. The Subcommittee on National Parks held a
hearing on the bill on June 15, 2016.
H.R. 4944, companion legislation to S. 2805, was introduced
in the House of Representatives by Representative Nolan on
April 14, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 2805
favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2805, if amended as described herein.
Committee Amendment
During its consideration of S. 2805, the Committee adopted
a technical amendment to clarify that the map ``Voyageurs
National Park, Proposed Land Transfer & Boundary Adjustment,''
numbered 172/80,056, and dated June 2009, includes 22 sheets.
Section-by-Section Analysis
Section 1. Modification of Voyageurs National Park
Section 1(a) modifies the boundary of Voyageurs National
Park to reflect the updates incorporated in the map entitled
``Voyageurs National Park, Proposed Land Transfer & Boundary
Adjustment,'' numbered 172/80,056, and dated June 2009 (22
sheets).
Subsection (b) amends section 201 of Public Law 91-661 to
transfer administrative jurisdiction over any land currently
managed by the BLM to the NPS, as depicted on the map, as well
as any additional public land identified as appropriate for
transfer by the BLM within the boundaries of the Park. Any land
located within or adjacent to the boundaries of the park that
is owned by the State of Minnesota (or a political subdivision
of the State) may be acquired by the Secretary only through
donation or exchange. Upon completion of an acquisition from
the State, the Secretary shall revise the boundary of the park
to reflect the acquisition.
Cost And Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
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. 2805. 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. 2805, as ordered reported.
Congressionally Directed Spending
S. 2805, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
June 16, 2016, Subcommittee on National Parks hearing on S.
2805 follows:
Statement of Stephanie Toothman, Associate Director, Cultural Resouces,
Partnerships, and Science, National Park Service, U.S. Department of
the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on a bill to authorize the Secretary of the Interior
to modify the boundary of Voyageurs National Park (Voyageurs)
in the State of Minnesota.
The Department supports S. 2805.
This bill would allow for the transfer of administrative
jurisdiction of lands between the National Park Service (NPS)
and the Bureau of Land Management (BLM). It would also
authorize the Secretary of the Interior to acquire lands owned
by the State of Minnesota by donation or exchange.
Voyageurs National Park is a 218,200-acre national park
located on the northern edge of Minnesota's border, 15 miles
east of International Falls, Minnesota. Fifty-five miles of the
park meanders along the Canadian border with the province of
Ontario. The park lies in the southern part of the Canadian
Shield, representing some of the oldest exposed rock formations
in the world. The surrounding waterways once served as the
route for the French-Canadian voyageurs.
The NPS seeks to transfer to the State of Minnesota a 32.79
acre parcel of NPS managed lands which is outside the park
boundary. In exchange, Minnesota will transfer to the NPS,
48.87 acres of State lands within the boundary of the park.
Additionally the NPS would like to acquire five more parcels of
land totaling 91 acres owned by the State of Minnesota that are
within the boundary of the park. This bill authorizes the
Secretary of the Interior to acquire by donation or exchange
any land within or adjacent to the boundary of the park that is
owned by the State of Minnesota, or a political subdivision of
the State. There have been incidences of activities on some of
these tracts of state-owned land that are inconsistent with
park purposes.
Sixty one (61) BLM land tracts encompassing forty-nine (49)
acres were not transferred to the National Park Service when
Voyageurs National Park was established. Without specific
language directing BLM to transfer ownership of its lands to
the NPS, the BLM is limited to its existing authority under the
Federal Land Management Policy Act (FLMPA). FLMPA authorizes
BLM to transfer management authority over the lands to the
National Park Service for no more than a twenty-year period and
permanent transfer of the management of these lands requires
Congressional action. Transfer of these parcels to the NPS
would facilitate ease of management for both agencies and
eliminate any future concerns related to ownership, and other
administrative issues.
The cost of managing these boundary revisions and any
future acquisitions is minimal as there are no structures on
any of the lands. The park would absorb the minimal cost of
producing new maps and brochures and signage.
The BLM, the State of Minnesota and adjacent land owners
support the boundary modifications in this bill.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or other members of the
subcommittee 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 original bill, as 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 91-661
* * * * * * *
ESTABLISHMENT
SEC. 102. (a) Except as provided in subsection (b) of this
section, the park shall include the lands and waters within the
boundaries as generally depicted on [the drawing entitled ``A
Proposed Voyageurs National Park, Minnesota,'' numbered LNPMW
VOYA 1001, dated February 1969] the map entitled `Voyageurs
National Park, Proposed Land Transfer & Boundary Adjustment',
numbered 172/80,056, and dated June 2009 (22 sheets), which
shall be on file and available for public inspection in the
offices of the National Park Service, Department of the
Interior. Within one year after acquisition of the lands owned
by the State of Minnesota and its political subdivisions within
the boundaries of the park the Secretary shall affix to such
[drawing] map an exact legal description of said boundaries.
The Secretary may revise the boundaries of the park from time
to time by publishing in the Federal Register a revised
[drawing] map or other boundary description, but such revisions
shall not increase the land acreage within the park by more
than one thousand acres.
(b)(1) In addition to such revisions as the Secretary may
make in the boundaries of the park * * *
(2) The Secretary may not delete or convey the lands
referred to in paragraph (1)(E) unless, prior to or
simultaneously with such deletion or conveyance and in
consideration of such conveyance, the State of
Minnesota--
(A) tenders a conveyance of the lands
described in [paragraph (1)(C) and (D)]
subparagraphs (C) and (D) of paragraph (1) to
the United States by such instrument and in
such manner as are satisfactory to the
Secretary, including but not limited to lease
or easement: Provided, That if the interest
conveyed is a lease or easement, the State of
Minnesota shall substitute therefore a transfer
of all right, title, and interest in the land
by June 30, 1987: Provided further, That if the
State does not transfer all right, title, and
interest in such lands by June 30, 1987, the
land described in [paragraph 1(E)] paragraph
(1)(E) shall revert to the United States for
administration by the Secretary as part of the
park; and
* * * * * * *
LAND ACQUISITION
[SEC. 201. (a) The Secretary]
SEC. 201. LAND ACQUISITIONS.
(a) Authorization._
(1) In general.--The Secretary may acquire lands or
interests therein within the boundaries of the park by
donation, purchase with donated or appropriated funds,
or exchange. [When any tract of land is only partly
within such boundaries]
(2) Certain portions of tracts.--
(A) In general.--In any case in which only a
portion of a tract of land is within the
boundaries of the park, the Secretary may
acquire all or any portion of the land outside
of such boundaries in order to minimize the
payment of severance costs. [Land so acquired]
(B) Exchange.--
(i) In general.--Any land acquired
pursuant to subparagraph (A) outside of
the park boundaries may be exchanged by
the Secretary for non-Federal lands
within the park boundaries. [Any
portion]
(ii) Portions not exchanged.--Any
portion of land acquired outside the
park boundaries and not utilized for
exchange shall be reported to the
General Services Administration for
disposal under the Federal Property and
Administrative Services Act of 1949 (63
Stat. 377), as amended. [Any Federal
property]
(C) Transfers of federal property.--Any
Federal property located within the boundaries
of the park may be transferred without
consideration to the administrative
jurisdiction of the Secretary for the purposes
of the park. [Lands within the boundaries of
the park owned by the State of Minnesota, or
any political subdivision thereof, may be
acquired only by donation.]
(D) Administrative jurisdiction.--Effective
beginning on the date of enactment of this
subparagraph, there is transferred to the
National Park Service administrative
jurisdiction over--
(i) any land managed by the Bureau of
Land Management within the boundaries
of the park, as depicted on the map
described in section 102(a); and
(ii) any additional public land
identified by the Bureau of Land
Management as appropriate for transfer
within the boundaries of the park.
(E) Land owned by state.--
(i) Donations and exchanges.--Any
land located within or adjacent to the
boundaries of the park that is owned by
the State of Minnesota (or a political
subdivision of the State) may be
acquired by the Secretary only through
donation or exchange.
(ii) Revision.--On completion of an
acquisition from the State under clause
(i), the Secretary shall revise the
boundaries of the park to reflect the
acquisition.
[(b) In exercising his] (b) Offers by Individuals.--In
exercising the authority to acquire property under this
section, the Secretary shall give immediate and careful
consideration to any offer made by any individual owning
property within the park area to sell such property to the
Secretary. In considering such offer, the Secretary shall take
into consideration any hardship to the owner which might result
from any undue delay in acquiring his property.
* * * * * * *
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