[Senate Report 107-274]
[From the U.S. Government Publishing Office]
Calendar No. 591
107th Congress Report
SENATE
2d Session 107-274
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VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE ACT
_______
September 11, 2002.--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 H.R. 2385]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2385) to convey certain property to the
city of St. George, Utah, in order to provide for the
protection and preservation of certain rare paleotological
resources on that property, and for other purposes, having
considered the same, reports favorably thereon with amendments
and recommends that the Act, as amended, do pass.
The amendments are as follows:
1. On page 2, lines 5 through 14, amend section 2(a) to
read as follows:
``(a) Authorization for Grant To Purchase Preserve.--Of the
funds appropriated in the section entitled `Land Acquisition'
of the Fiscal Year 2002 Interior and Related Agencies
Appropriations Act, Public Law 107-63, the Secretary of the
Interior shall grant $500,000 to the City for--
``(1) the purchase of up to 10 acres of land within
the area generally depicted as the `Preserve
Acquisition Area' on the map entitled `Map B' and dated
May 9, 2002; and
``(2) the preservation of such land and
paleontological resources.''.
2. On page 4, strike lines 1 through 4, and redesignate
subsequent paragraphs accordingly.
PURPOSE
The purpose of H.R. 2385, as ordered reported, is to
authorize the Secretary of the Interior to use up to $500,000
previously appropriated for land acquisition to St. George,
Utah to provide for the protection and preservation of certain
rare paleontological resources on that property, and for other
purposes.
BACKGROUND AND NEED
In February 2000, dinosaur tracks, taildragging marks, and
skin imprints of considerable quality dating as far back as the
Jurassic Period were discovered on private land near St.
George, Utah. These paleontological resources have been
described by some scientists as among the most significant that
have been discovered in decades because of the clarity and
completeness of the imprints.
Since the discovery, over 140,000 people have visited the
site. Although the city and private land owners have worked
together to try to protect these valuable resources while still
allowing public access, there is a lack of adequate
infrastructure or facilities to accommodate the large crowds.
Surrounding streets and neighborhoods area are often clogged
with visitors and vehicular traffic.
The preservation of the paleontological resources is also
in jeopardy. The fragile sandstone in which the impressions
have been made is susceptible to the heat and wind typical of
the southern Utah climate, and rain is nearly catastrophic for
quickly eroding unearthed impressions. At present, only a
temporary open-sided roof structure stands between the
uncovered imprints and the elements.
LEGISLATIVE HISTORY
H.R. 2385 was introduced by Representative Hansen on June
28, 2001 and passed the House of Representatives by a voice
vote on October 2, 2001. Companion legislation, S. 1497, was
introduced by Senator Hatch on October 3, 2001. The
Subcommittee on Public Lands and Forests held a hearing on S.
1497 and H.R. 2385 on May 9, 2002. At the business meeting on
July 31, 2002, the Committee on Energy and Natural Resources
ordered H.R. 2385, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 2385, if amended
as described herein.
COMMITTEE AMENDMENT
During the consideration of H.R. 2385, the Committee
adopted two amendments. Amendment #1 provides that Secretary
may use $500,000 previously appropriated for land acquisition
in Utah for the grant to St. George, Utah for land acquisition
under this Act. The amendment also updates the map reference to
provide a larger area within which the city can select the 10
acres for the preserve. Amendment #2 deletes a provision
authorizing the Secretary to enter into a cooperative agreement
with the city to manage the preserve. This provision is not
necessary since the city will purchase the land.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the bill the ``Virgin River Dinosaur
Footprint Preserve Act.''
Section 2 (a) authorizes a grant from the Department of
Interior to the city of St. George to purchase up to 10 acres
at fair market value from the private landowner for the
purposes of preserving the specified land and paleontological
resources. The grant could be as much as the lesser of $500,000
or the fair market value of up to 10 acres of land generally
depicted on a referenced map.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2385, the Virgin
River Dinosaur Footprint Preserve Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal cost) and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
H.R. 2385--Virgin River Dinosaur Footprint Preserve Act
CBO estimates that H.R. 2385 would have no significant
impact on the federal budget. The legislation would affect
direct spending; therefore, pay-as-you-go procedures would
apply, but we estimate that any such effects would total less
than $500,000.
H.R. 2385 would direct the Secretary of the Interior to
provide a grant of $500,000 to the city of St. George, Utah, to
allow that city to purchase certain privately owned lands that
contain paleontological resources. The legislation would
require the Secretary to use existing funds to make that grant.
For fiscal year 2002, the Congress provided $500,000 for the
Bureau of Land Management (BLM) to purchase land in St. George,
Utah. By authorizing the Secretary to provide those funds
directly to the city, H.R. 2385 would change the underlying
purpose for which those funds could be spent, and any resulting
change in the timing of outlays would be subject to pay-as-you-
go procedures. Based on information from BLM, however, CBO
estimates that any such change would be insignificant.
H.R. 2385 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 assistance authorized by this legislation would benefit the
city of St. George. Any costs incurred by that or other
governments to match federal funds or comply with other
conditions of this assistance would be voluntary.
On September 18, 2001, CBO transmitted a cost estimate for
H.R. 2385 as ordered reported by the House Committee on
Resources on September 12, 2001. Our estimate of spending under
the Senate version is lower than under the House version for
two reasons. First, at the time of our previous estimate, no
funds had been appropriated to enable the city to acquire the
land; hence, we estimated that making the grant would increase
spending subject to appropriation by $500,000. Second, the
House version would direct the Secretary to enter into a
cooperative agreement with the city to manage paleontological
resources and would authorize the Secretary to spend an
additional $500,000 to help the city meet its responsibilities
under that agreement Because the Senate version does not
require the Secretary to enter into such an agreement with the
city, our estimate of the Senate version does not include the
cost of providing additional assistance to the city.
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs) and Marjorie Miller (for the state and
local impact). This estimate was approved by Peter H. Fontaine,
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 H.R. 2385. 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 H.R. 2385, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the Subcommittee hearing follows:
Statement of Larry Finfer, Assistant Director for Communications,
Bureau of Land Management
Thank you for the opportunity to testify on S. 1497 and
H.R. 2385 to provide for the protection of dinosaur footprints
in St. George, Utah. The Department of the Interior supports S.
1497 and H.R. 2385, but would like the opportunity to work with
the sponsors of the bill and the Committee on minor and
technical amendments.
S. 1497 and H.R. 2385
S. 1497 and the identical H.R. 2385 as passed by the House,
allow the Secretary of the Interior to award a grant to the
City of St. George, Utah of up to $500,000 for the acquisition
of 10 acres of private land on which dinosaur tracks have been
discovered. The grant would allow the city to purchase this
land in order to preserve and protect it for the public. The
Administration supported, with amendments, h.R. 2385 in July of
last year.
The discovery of these tracks within the City of St. George
is unique and represents a potential focus for local
interpretive and preservation efforts. The State of Utah has
some of the most concentrated and significant paleontological
resources of any region of the country.
The Administration stands ready to assist in the
implementation of this project to protect these rare resources
in partnership with local community partners in St. George. We
recognize the significance and importance of these dinosaur
tracks to the community and the residents of Washington County.
We applaud their efforts to secure these tracks and protect
them from further disturbance and deterioration so that they
might be shared with the public.
The BLM would like the opportunity to work with Senator
Hatch and the Committee to resolve a few specific issues
including map revisions and other minor matters.
Section c(2)(A) of S. 1497 provides for additional
financial assistance grants to the City to protect and manage
the dinosaur tracks site. We recommend the consideration of
several alternatives for financial assistance so as not to
impede existing programs and their funding levels in the BLM's
St. George area, while still providing for appropriate
management of the dinosaur tracks site. For example, the
establishment of a non-profit foundation, perhaps involving the
State of Utah, Washington County, and the City of St. George to
leverage and partner resources is an option. In addition, other
forms of assistance through private and public grants,
including the Secretary's new Cooperative Conservation
Initiative (CCI), may provide numerous resources for providing
for the long term operations, maintenance, and educational
interpretation of the site.
Conclusion
Thank you for the opportunity to testify on these three
bills. I am happy to answer any questions the members of the
Committee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 2385, as
ordered reported.