[House Report 107-523]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-523
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GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION ACT OF 2002
_______
June 24, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3786]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3786) to revise the boundary of the Glen Canyon National
Recreation Area in the States of Utah and Arizona, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Glen Canyon National Recreation Area
Boundary Revision Act of 2002''.
SEC. 2. GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION.
(a) In General.--The first section of Public Law 92-593 (16 U.S.C.
460dd; 86 Stat. 1311) is amended--
(1) by striking ``That in'' and inserting ``Section 1. (a)
In''; and
(2) by adding at the end the following:
``(b)(1) In addition to the boundary change authority under
subsection (a), the Secretary may acquire approximately 152 acres of
private land in exchange for approximately 370 acres of land within the
boundary of Glen Canyon National Recreation Area, as generally depicted
on the map entitled `Page One Land Exchange Proposal', number 608/
60573a-2002, and dated May 16, 2002. The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service. Upon conclusion of the exchange, the boundary of
the recreation area shall be revised to reflect the exchange.
``(2) Before the land exchange under this subsection, the Secretary
may enter into a memorandum of understanding with the person that will
acquire lands from the United States in the exchange, to establish such
terms and conditions as are mutually agreeable regarding how those
lands will be managed after the exchange.''.
(b) Change in Acreage Ceiling.--Such section is further amended by
striking ``one million two hundred and thirty-six thousand eight
hundred and eighty acres'' and inserting ``1,256,000 acres''.
Purpose of the Bill
The purpose of H.R. 3786 is to revise the boundary of the
Glen Canyon National Recreation Area in the States of Utah and
Arizona.
Background and Need for Legislation
The southern Utah land owner, Page One L.L.C. is in the
process of developing approximately 1500 acres of private land
adjacent to the Glen Canyon National Recreation Area located
between U.S. Highway 89 and the Arizona border. Following
months of negotiation between Page One and the National Park
Service (NPS), agreement was reached regarding a mutually
beneficial land exchange. H.R. 3786 would enable the private
land owner to consolidate their property while permitting the
NPS to better protect the viewshed of the NRA. In addition, the
legislation would also correct the acreage ceiling to
accurately reflect the present acreage in the boundary.
Currently, Page One owns approximately 152 acres of land
between U.S. Highway 89 and the southwestern shore of Lake
Powell. This private land features a primary viewshed corridor
between the lake and highway, three established highway access
right-of-ways, and a developed culinary water well producing
700 gallons per minute. According to an outside appraisal, the
value of the private parcel is approximately $836,000. The Park
Service seeks to acquire this land in order to protect the
scenic corridor and to establish a more manageable boundary at
its most visited entrance. The 370 acres of NPS land are
topographically isolated with no vehicular access, no right-of-
way, no water rights and no site improvements. The appraised
value of the NPS land, according to an outside appraisal is
approximately $480,000. Page One will donate the balance of the
appraised value of $356,000 to the NPS.
Committee Action
H.R. 3786 was introduced on February 26, 2002, by
Congressman Chris Cannon (R-UT). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks, Recreation, and Public Lands.
On May 7, 2002, the Subcommittee held a hearing on the bill. On
May 22, 2002, the Full Committee met to consider the bill and
the Subcommittee on National Parks, Recreation, and Public
Lands was discharged from further consideration of the bill by
unanimous consent. Mr. Cannon offered an amendment in the
nature of a substitute to ensure that, upon enactment, the
boundary of the NRA will be revised to reflect the exchange, to
allow the Secretary of the Interior and the property owner to
enter into a Memorandum of Understanding regarding how the
lands will be managed after acquisition, and to correct the map
reference to reflect the changes above. It was adopted by
unanimous consent and the bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 21, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3786, the Glen
Canyon National Recreation Area Boundary Revision Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3786--Glen Canyon National Recreation Area Boundary Revision Act
of 2002
CBO estimates that implementing H.R. 3786 would cost about
$560,000, subject to the availability of appropriated funds.
H.R. 3786 would authorize the Secretary of the Interior to
acquire 152 acres of private land in exchange for 370 acres of
land within the boundary of the Glen Canyon National Recreation
Area. In addition, the bill would change the acreage ceiling of
the Recreation Area to reflect the land exchange.
Based on an appraisal paid for by the private landowner,
the land the federal government would receive is valued at
$836,000, and the land that it would give to the private
landowner is valued at $278,000. Under current law, the
National Park Service is required to make a cash equalization
payment to the private landowner for the difference in the
appraisal. Thus, the cash equalization payment would be about
$560,000 to implement the bill. Making such a payment would be
subject to the availability of appropriated funds.
H.R. 3786 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 3786
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 Julie Middleton.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the 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):
ACT OF OCTOBER 27, 1972
(Public Law 92-593)
AN ACT To establish the Glen Canyon National Recreation Area in the
States of Arizona and Utah.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That in]
Section 1. (a) In order to provide for public outdoor
recreation use and enjoyment of Lake Powell and lands adjacent
thereto in the States of Arizona and Utah and to preserve
scenic, scientific, and historic features contributing to
public enjoyment of the area, there is established the Glen
Canyon National Recreation Area (hereafter referred to as the
``recreation area'') to comprise the area generally depicted on
the drawing entitled ``Boundary Map Glen Canyon National
Recreation Area,'' numbered GLC-91,006 and dated August 1972,
which is on file and available for public inspection in the
office of the National Park Service, Department of the
Interior. The Secretary of the Interior (hereafter referred to
as the ``Secretary'') may revise the boundaries of the
recreation area from time to time by publication in the Federal
Register of a revised drawing or other boundary description,
but the total acreage of the national recreation area may not
exceed [one million two hundred and thirty-six thousand eight
hundred and eighty acres] 1,256,000 acres.
(b)(1) In addition to the boundary change authority under
subsection (a), the Secretary may acquire approximately 152
acres of private land in exchange for approximately 370 acres
of land within the boundary of Glen Canyon National Recreation
Area, as generally depicted on the map entitled ``Page One Land
Exchange Proposal'', number 608/60573a-2002, and dated May 16,
2002. The map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service. Upon conclusion of the exchange, the boundary of the
recreation area shall be revised to reflect the exchange.
(2) Before the land exchange under this subsection, the
Secretary may enter into a memorandum of understanding with the
person that will acquire lands from the United States in the
exchange, to establish such terms and conditions as are
mutually agreeable regarding how those lands will be managed
after the exchange.
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