[Senate Report 109-308]
[From the U.S. Government Publishing Office]
Calendar No. 551
109th Congress Report
SENATE
2d Session 109-308
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GRAND TETON NATIONAL PARK EXTENSION ACT OF 2006
_______
July 31, 2006.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2403]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2403) to authorize the Secretary of the
Interior to include in the boundaries of the Grand Teton
National Park land and interests in land of the GT Park
Subdivision, and for other purposes, having considered the
same, reports favorably thereon with an amendment and an
amendment to the title and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clasue and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grand Teton National Park Extension
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Park.--The term ``Park'' means the Grand Teton National
Park.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Subdivision.--The term ``Subdivision'' means the GT Park
Subdivision, with an area of approximately 49.67 acres, as
generally depicted on--
(A) the plat recorded in the Office of the Teton
County Clerk and Recorder on December 16, 1997,
numbered 918, entitled ``Final Plat GT Park
Subdivision'', and dated June 18, 1997; and
(B) the map entitled ``2006 Proposed Grand Teton
Boundary Adjustment'', numbered 136/80,198, and dated
March 21, 2006, which shall be on file and available
for inspection in appropriate offices of the National
Park Service.
SEC. 3. ACQUISITION OF LAND.
(a) In General.--The Secretary may accept from any willing donor
the donation of any land or interest in land of the Subdivision.
(b) Administration.--On acquisition of land or an interest in land
under subsection (a), the Secretary shall--
(1) include the land or interest in the boundaries of the
Park; and
(2) administer the land or interest as part of the Park, in
accordance with all applicable laws (including regulations).
(c) Deadline for Acquisition.--It is the intent of Congress that
the acquisition of land or an interest in land under subsection (a) be
completed not later than 1 year after the date of enactment of this
Act.
(d) Restriction on Transfer.--The Secretary shall not donate, sell,
exchange, or otherwise transfer any land acquired under this section
without express authorization from Congress.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out this Act.
2. Amend the title so as to read: ``To modify the
boundaries of Grand Teton National Park to include certain land
within the GT Park Subdivision, and for other purposes.''
PURPOSE OF THE MEASURE
The purpose of S. 2403 is to authorize the Secretary of the
Interior to include certain lands in the Grand Teton Park
subdivision within the boundaries of the Grand Teton National
Park.
BACKGROUND AND NEED
The Grand Teton Park subdivision is located in the Lost
Creek drainage between Grand Teton National Park and the
Bridger-Teton National Forest. One lot in the 50-acre
subdivision is owned by the Gerald Halpin family. The other
seven lots were donated by the Halpin family to private
organizations, including the National Fish and Wildlife
Foundation, the National Park Foundation, and the Grand Teton
National Park Foundation. All of these owners would like to
donate their land to Grand Teton National Park; but, their
parcels are currently outside the existing park boundary. The
law that established Grand Teton National Park in September,
1950 (64 Stat. 849), prohibited the extension of any park in
Wyoming without the express authorization of Congress. S. 2403
would authorize the Secretary to adjust the boundary of Grand
Teton National Park and accept the donation of lands within the
subdivision.
LEGISLATIVE HISTORY
S. 2403 was introduced by Senator Thomas on March 13, 2006.
Senator Enzi is a cosponsor. The Subcommittee on National Parks
held a hearing on S. 2403 on April 6, 2006. At the business
meeting on May 24, 2006, the Committee on Energy and Natural
Resources ordered S. 2403, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 24, 2006, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 2403, if
amended as described herein.
COMMITTEE AMENDMENT
During consideration of S. 2403, the Committee adopted an
amendment in the nature of a substitute to S. 2403. The
amendment replaces the requirement that the Secretary ``shall
accept'' lands in the Grand Teton subdivision with the phrase
that the Secretary ``may accept'' lands in the subdivision. The
amendment also adds a provision stating that it is the intent
of Congress that the acquisition of lands in Grand Teton
subdivision be completed no later than one year after the
enactment of this Act.
SECTION-BY-SECTION ANALYSIS
Section 1 titles the bill the ``Grand Teton National Park
Expansion Act of 2006.''
Section 2 defines key terms used in the bill.
Section 3(a) authorizes the Secretary of the Interior to
accept land or interest in land from any willing donor in the
Grand Teton Park Subdivision.
Subsection (b) requires the Secretary to include the
donated land within the boundaries of Grand Teton National Park
and to manage it as part of the park.
Subsection (c) expresses the intent of Congress that land
in the subdivision be acquired no later than one year after the
enactment of this Act.
Subsection (d) prohibits the Secretary of the Interior from
transferring any of the land acquired through the authority in
subsection 3(a) without express authorization from Congress.
Section 4 authorizes the appropriation of such sums
necessary to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 8, 2006.
Hon. Pete V. Domenici,
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 S. 2403, the Grand
Teton National Park Extension Act of 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and Leigh Angres.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 2403--Grand Teton National Park Extension Act of 2006
S. 2403 would authorize the Secretary of the Interior to
accept the donation of about 50 acres of land in Wyoming. Once
acquired, the property would become part of the Grand Teton
National Park under the administration of the National Park
Service. Subject to the availability of appropriated funds, CBO
estimates that implementing S. 2403 would cost less than
$500,000, mostly for surveys and appraisals. Enacting S. 2403
would not affect revenues or direct spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant effect on the budgets of state,
local, or tribal governments.
The CBO staff contacts for this estimate are Deborah Reis
and Leigh Angres. This estimate was approved by Robert A.
Sunshine, 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. 2403. 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. 2403, as ordered reported.
EXECUTIVE COMMUNICATIONS
The views of the Administration on S. 2403 were included in
testimony received by the Committee at a hearing on the bill on
April 6, 2006. This testimony follows:
Statement of Sue Masica, Associate Director, National Park Service,
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 S. 2403, a bill to authorize the Secretary of the
Interior to include in the boundaries of the Grand Teton
National Park land and interests in land of the GT Park
Subdivision, and for other purposes. The Department supports S.
2403 with one amendment.
S. 2403 would direct the Secretary of the Interior
(Secretary) to accept, by donation, approximately 49 acres
adjacent to Grand Teton National Park, and upon donation,
adjust the park boundary to include these lands within the park
and to administer the acquired lands in accordance with all
applicable laws. In addition, the Secretary would be prohibited
from selling, donating, exchanging, or otherwise transferring
the acquired land without authorization from Congress. The
lands added to the boundary would be donated at no cost to the
federal government, and no additional costs would be associated
with management or administration of the donated lands. Costs
that would be associated with the conveyance of the land
include closing and other associated costs. We estimate those
costs to be approximately $300,000, and we currently do not
have a funding source identified for these costs.
The privately owned land that is the subject of S. 2403 is
located approximately one mile from the major road through the
park and is visible from that road. The land consists of eight
lots that total 49.67 acres and are located near the Lost Creek
Ranch, adjacent to the park's eastern boundary. Similar in
character and quality to adjacent park lands, the lots are
primarily grassland and sagebrush meadow and provide habitat
for a wide variety of wildlife including elk, deer, antelope,
bison, coyotes, and wolves. The lots offer spectacular and
unobstructed views of the Teton Range across the broad valley
of Jackson Hole.
The National Park System includes countless examples of
philanthropic efforts that have added immeasurably to the
preservation of our Nation's natural and cultural treasures.
Nowhere is this more evident than at Grand Teton National Park,
where the gift of John D. Rockefeller, Jr. in 1949, of more
than 38,000 acres, helped to ensure the creation of the park.
Today, the spirit of philanthropy is very much alive at Grand
Teton, and a prime example is the extraordinary generosity of
Gerald T. Halpin and his family. Of the eight lots which are
the subject of this bill, one is owned by the Halpin family,
and the other seven were previously donated by the Halpins to
several foundations with the understanding that they would
ultimately be donated to the federal government for inclusion
in Grand Teton National Park. These foundations include the
National Park Foundation, the National Fish and Wildlife
Foundation, and the Grand Teton National Park Foundation.
Inclusion of these lands within Grand Teton National Park
cannot be accomplished without this legislation. When Congress
established the park in 1950, it included a provision in the
park's enabling legislation that prohibited any expansion of
national parks or monuments in the State of Wyoming without the
express authorization of Congress.
We recommend one amendment to the bill. Section 3(a) as
written may imply that the Secretary shall accept the donation
of the land regardless of any potential environmental hazards
on the land or the condition of the title. We recommend
donation language that has been used in other similar donation
transactions and is attached to this testimony.
Mr. Chairman, we wish to thank you for your efforts in
sponsoring and introducing this legislation. It is the product
of many generous and forward-looking people working together to
continue protecting Grand Teton National Park for the American
people.
That concludes my statement. I would be glad to answer any
questions that you or other members of the subcommittee might
have.
Proposed Amendment
s. 2403, grand teton national park extension act of 2006
Page 2, strike lines 18-20 and insert the following: ``(a)
The Secretary is authorized to acquire, by donation, lands and
interests in land in the Subdivision.''
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 bill S. 2403, as
ordered reported.