[Senate Report 108-96]
[From the U.S. Government Publishing Office]
Calendar No. 204
108th Congress Report
SENATE
1st Session 108-96
======================================================================
BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL
CONSERVATION AREA BOUNDRY REVISION ACT OF 2003
_______
July 11, 2003.--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. 677]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 677) to revise the boundary of the Black
Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area in the State of Colorado, 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:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Cayon of the Gunnison Boundary
Revision Act of 2003''.
SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY REVISION.
(a) Boundary Revision.--Section 4(a) of the Black Canyon of the
Gunnison National Park and Gunnison Gorge National Conservation Area
Act of 1999 (16 U.S.C. 410fff-2(a)) is amended--
(1) by striking ``There'' and inserting ``(1) There''; and
(2) by adding at the end the following:
``(2) The boundary of the Park is revised to include the
addition of approximately 2,530 acres, as generally depicted on
the map entitled `Black Canyon of the Gunnison National Park
and Gunnison Gorge NCA Boundary Modifications' and dated April
2, 2003.''.
(b) Transfer of Administrative Jurisdiction.--On the date of
enactment of this Act, the Secretary shall transfer the land under the
jurisdiction of the Bureau of Land Management identified as ``Tract C''
on the map described in subsection (a)(2) to the administrative
juridiction of the National Park Service for inclusion in the Black
Canyon of the Gunnison National Park.
(c) Conforming Amendment.--Section 5(a)(1) of the Black Canyon of
the GunnisonNational Park and Gunnison Gorge National Conservation Area
Act of 1999 (16 U.S.C. 410fff-3(a)(1)) is amended by striking ``Map''
and inserting ``Map or the map described in section 4(a)(2)''.
SEC. 3. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY REVISION.
Section 7(a) of the Black Canyon of the Gunnison National Park and
Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C.
410offf-5(a)) is amended--
(1) by striking ``There'' and inserting ``(1) There''; and
(2) by adding at the end the following:
``(2) The boundary of the Conservation Area is revised to
include the addition of approximately 7,100 acres, as generally
depicted on the map entitled `Black Canyon of the Gunnison
National Park and Gunnison Gorge NCA Boundary Modifications',
and dated April 2, 2003.''.
SEC. 4. GRAZING PRIVILEGES.
(a) Transfer of Privileges.--Section 4(e)(1) of the Black Canyon
of the Gunnison National Park and Gunnison Gorge National Conservation
Area Act of 1999 (16 U.S.C. 410fff-2(e)(1)) is amended by adding at the
end of the following:
``(D) If land within the Park on which the grazing of
livestock is authorized under permits or leases under
subparagraph (A) is exchanged for private land under
section 5(a), the Secretary shall transfer any grazing
privileges to the land acquired in the exchange.''.
(b) Privileges of Certain Partnerships.--Section 4(e)(3) of the
Black Canyon of the Gunnison National Park and Gunnison Gorge National
Conservation Area Act of 1999 (16 U.S.C. 410fff-2(e)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
(3) by inserting after subparagraph (A) the following:
``(B) with respect to the permit or lease issued to
LeValley Ranch Ltd., for the lifetime of the last
surviving limited partner as of October 21, 1999;
``(C) with respect to the permit or lease issued to
Sanburg Herefords, L.L.P., for the lifetime of the last
surviving general partner as of October 21, 1999;
and''; and
(4) in subparagraph (D) (as redesignated by paragraph (2))--
(A) by striking ``partnership, corporation, or'' each
place it appears and inserting ``corporation or''; and
(B) by striking ``subparagraph (A)'' and inserting
``subparagraphs (A), (B), or (C)''.
SEC. 5. ACCESS TO WATER DELIVERY FACILITIES.
The Commissioner of Reclamation shall retain administrative
jurisdiction over the Crystal Dam Access Road and land, facilities, and
roads of the Bureau of Reclamation in the East Portal area, including
the Gunnison Tunnel, and the Crystal Dam area, as depicted the map
entitled ``Black Canyon of the Gunnison National Park and Gunnison
Gorge NCA Boundary Modifications'', dated April 2, 2003, for the
maintenance, repair, construction, replacement, and operation of any
facilities relating to the delivery of water and power under the
jurisdiction of the Bureau of Reclamation.
Purpose of the Measure
The purpose of S. 677 is to authorize the addition of
approximately 2,530 acres to the Black Canyon of the Gunnison
National Park and approximately 7,100 acres to Gunnison Gorge
National Conservation Area in the State of Colorado, and to
clarify the period for which grazing will be allowed to
continue under specified permits or leases.
Background and Need
The Black Canyon of the Gunnison was designated as a
National Monument on March 2, 1933 by Presidential Proclamation
to protect the unique and spectacular landscape formed by the
Gunnison River in western Colorado. The park has been expanded
several times over the past seventy years by Presidential
Proclamations and Acts of Congress. In 1999, Public Law 106-76
further expanded the monument's boundaries to include
approximately 30,000 additional acres and redesignated the
monument as a National Park. That Act also established the
adjacent Gunnison Gorge National Conservation Area under the
management of the Bureau of Land Management.
The Black Canyon of the Gunnison combines the narrow
opening, sheer walls and startling depths found in no other
canyon in North America. Located on the western slope of
Colorado, approximately 250 miles southwest of Denver, the park
hosts approximately 180,000 recreational visitors each year.
Protecton of the canyon rim from development prompted the
passage of the 1999 legislation. Enactment of S. 677 will
better enable the National Park Service to protect additional
lands near the canyon and allow for land exchanges with the
owners of certain adjacent lands to improve the management of
the park's boundary.
Legislative History
S. 677 was introduced by Senators Compbell and Allard on
March 20, 2003. The Subcommittee on National Parks held a
hearing on S. 677 on June 10, 2003. At the business meeting on
June 25, 2003, the Committee on Energy and Natural Resources
ordered S. 677, as amended, favorably reported.
During the 107th Congress, similar legislation, S. 1944,
was introduced by Senator Campbell on February 13, 2002. The
Subcommittee on National Parks held a hearing on S. 1944 on
June 12, 2002. The Committee ordered S. 1944 favorably reported
with amendments on September 9, 2002. The text of S. 1944, as
reported, was adopted as an amendment to S. 1894, which passed
the Senate by unanimous consent on November 20, 2002.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 25, 2003, by unanimous vote of a
quorum present, recommends that the Senate pass S. 677, if
amended as described herein.
Committee Amendment
During its consideration of S. 677, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
clarifying and technical corrections.
The substitute amendment is explained in detail in the
section-by-section analysis, below.
Section-by-Section Analysis
Section 1 titles the bill the ``Black Canyon of the
Gunnison Boundary Revision Act of 2003.''
Section 2(a) amended section 4(a) of the Black Canyon of
the Gunnison National Park and Gunnison Gorge National
Conservation Area Act of 1999 (Gunnison Act) by adding
approximately 2,530 acres to the Park as depicted on a
referenced map.
Subsection (b) transfers land specified under the
jurisdiction of the Bureau of Land Management to the
administrative jurisdiction of the National Park Service.
Subsection (c) includes a conforming amendment to the
Gunnison Act.
Section 3 amends section 7(a) of the Gunnison Act by adding
approximately 7,100 acres to the Conservation Area as depicted
on a referenced map.
Section 4(a) amends section 4(e)(1) of the Gunnison Act to
direct the Secretary of the Interior to transfer grazing
privileges, where land within the park on which grazing is
authorized is exchanged for private land.
Subsection (b) includes conforming amendments to section
4(e)(3) of the Gunnison Act and provides lifetime grazing
privileges to the last surviving limited partner of LeValley
Ranch Ltd., and the last surviving general partner of Sanburg
Herefords, L.L.P.
Section 5 clarifies that the Commissioner of Reclamation
shall retain administrative jurisdiction over certain areas in
the park related to the delivery of water and power under the
jurisdiction of the Bureau of Reclamation.
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 27, 2003.
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. 677, the Black
Canyon of the Gunnison Boundary Revision Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Peter H. Fontaine
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 677--Black Canyon of the Gunnison Boundary Revision Act of 2003
CBO estimates that implementing S. 677 would not
significantly affect the federal budget. Enacting the bill
would not affect direct spending or revenues. S. 677 contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
S. 677 would authorize the Secretary of the Interior to
revise the boundaries of the Black Canyon of the Gunnision
National Park in Colorado to include three parcels of privately
owned land that would be acquired by the Secretary. The
Secretary would exchange federal lands in order to acquire two
of those parcels. According to the Department of the Interior
(DOI), the federal lands to be exchanged currently generate no
significant receipts and are not expected to do so in the near
future; hence, CBO estimates that exchanging them would not
significantly affect the federal budget. The Secretary would
acquire, by purchase or donation, a conservation easement on
the third parcel of land. According to DOI, sufficient funding
already has been appropriated for that purpose; thus, CBO
estimates that completing the transaction would not
significantly increase federal spending.
S. 677 also would authorize the Secretary to expand the
boundaries of the Gunnison Gorge National Conservation Area to
include 7,100 acres of federal lands administered by the Bureau
of Land Management (BLM). Based on information from BLM, we
estimate that adding those lands to the conservation area would
not affect offsetting receipts or the agency's costs to manage
them.
The CBO staff contact for this estimate is Megan Carroll.
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 S. 677. 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. 677, as ordered reported.
Executive Communications
On May 29, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 677. These reports
had not been received at the time the report on S. 677 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of D. Thomas Ross, Assistant Director, Recreation and
Conservation, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 677, a bill to revise
the boundary of the Black Canyon of the Gunnison National Park
and Gunnison Gorge National Conservation Area in the State of
Colorado, and for other purposes.
The Department of the Interior supports S. 677 with minor
amendments to the legislation. The bill authorizes additions to
both Black Canyon of the Gunnison National Park (``Park''),
through three separate easement or exchange transactions, and
Gunnison Gorge National Conservation Area (``NCA''). The
revision of the national park boundary would not contribute to
the National Park Service (``NPS'') maintenance backlog because
the management and operation of the land added to the boundary
would not result in any additional facilities, increased
operating costs, or additional staffing. Costs involved with
the land transactions are expected to be minimal. One
transaction would involve the purchase of a conservation
easement on 26.5 acres, estimated to cost $100,000; however,
there is the possibility the owner might donate all or a
portion of the value. A second transaction would include an
equal value exchange. The third involves the transfer of 480
acres of isolated Bureau of Land Management (BLM) land to the
NPS and then the exchange of this parcel for a conservation
easement on approximately 2,000 acres. The landowner has stated
he is willing to donate any difference in value.
S. 677 amends the Black Canyon of the Gunnison National
Park and Gunnison Gorge National Conservation Area Act of 1999
(Public Law 106-76). The boundary of the park would be revised
to include the addition of not more than 2,530 acres and the
National Conservation Area (NCA) would be expanded by
approximately 7,100 acres. These additions are reflected on a
new map, dated April 2, 2003, which supplements the boundary
map referenced in P.L. 106-76.
The bill authorizes the transfer of 480 acres land to the
jurisdiction of NPS. The Secretary is authorized to acquire
lands or interests in lands in accordance with P.L. 106-76 (by
donation, transfer, purchase with donated or appropriated
funds, or exchange) and lands cannot be acquired without the
consent of the owner.
S. 677 also amends P.L. 106-76 to clarify grazing
privileges within the park. If land authorized for grazing
within the park is exchanged for private land, then any grazing
privileges would transfer to the private land that is acquired.
Also, the bill clarifies the length of time that grazing may be
conducted on parks lands by partnerships.
black canyon of the gunnison national park
The boundary of the park would be expanded in three
transactions. The first, locally referred to as Sanburg II, is
located just south of Red Rock Canyon, one of the mostscenic
hiking opportunities into the Black Canyon of the Gunnison. The
landowner agrees with the NPS that maintaining the rural character
adjacent to the Red Rock Canyon trailhead is an important part of the
wilderness experience. The landowner has previously sold conservation
easements in this area (authorized by P.L. 106-76 and a minor boundary
revision) to The Conservation Fund, who subsequently sold to NPS. Once
acquisition of a conservation easement on this 26.5 acre parcel is
conveyed, the rural character of the Red Rock Canyon gateway will be
insured.
The second, the proposed Bramlett transaction, would
authorize the exchange of a 200-acre parcel of the Bramlett
Ranch located on Grizzly Ridge, which overlooks the North Rim
Road and North and South Rim overlooks. Although the landowner
has proposed building cabins on the ridge top, he is willing to
exchange this 200-acre parcel for land of equal value within
the park and adjacent to his ranch headquarters. The equal
value exchange would give the landowner land with easier
access, and would add the ridgeline parcel to the park, thus
protecting the natural landscape in that portion of the park.
The third boundary adjustment, the Allison exchange, is
located along the East Portal Road, on the park's south rim.
The landowner would exchange a combination of fee simple
ownership and a conservation easement on up to 2,000 acres in
return for fee simple ownership of up to 480 acres of the BLM
parcel that would be transferred to NPS. The landowner has
indicated that he would protect this parcel with a conversation
easement should he acquire it. He has also indicated that he
would donate any value above and beyond the value represented
in the exchange.
The Department believes these acquisitions are important
for several reasons. Combined with the land authorized by P.L.
106-76, the present and future land requirements for the park
would be met. The present landowners are all willing sellers
and in addition to them, this effort enjoys the support of the
Montrose County Commissioners, the Montrose Chamber of
Commerce, and local and national land trusts involved in the
project.
S. 677 would also amend P.L. 106-76 regarding grazing
within the park. P.L. 106-76 allowed for the continuation of
grazing on the former BLM lands transferred to the NPS. Permits
held by individuals can be renewed through the lifetime of the
individual permittees. However, P.L. 106-76 requires that
partnerships and corporations be treated alike regarding the
termination of grazing permits. Partnerships and corporations
now lose their permits upon the termination of the last
remaining individual permit.
S. 677 would amend P.L. 106-76 to treat partnerships
similarly to individual permit holders, allowing permits to be
renewed through the lifetime of the partners as of October 21,
1999. Since the two partnerships affected are essentially
family run ranching operations, the Department feels that they
should be treated consistently with individual permit holders.
S. 677 would also allow grazing on land acquired in an
exchange if the land being given up in the exchange currently
has authorized grazing. This appears to be consistent with the
intent of Congress when it authorized grazing in Public Law
106-76.
gunnison gorge national conservation area
S. 677 also provides for the expansion of the Gunnison
Gorge NCA managed by the BLM. A 5,759-acre parcel of land on
the north side of the existing NCA was acquired in January 2000
from a willing seller through a land exchange. This acquisition
was not completed in time to include the lands within the
original NCA boundary. This parcel includes approximately five
miles of the Gunnison River and provides important resource
values and recreational opportunities. In addition, 1,349 acres
of preexisting BLM-managed public lands adjacent to the
acquisition would also be added to the NCA. The addition of
these BLM lands will create a more manageable NCA boundary and
provide appropriate protection and management emphasis for this
area's resources.
The legislation also makes some minor boundary adjustments
to the NCA. In the process of completing surveys of the lands
designated as the NCA by P.L. 106-76, the BLM discovered a few
inadvertent trespass situations on the NCA land. In order to
resolve these issues with the local landowners in a fair and
equitable manner, slight boundary modifications need to be made
so that exchanges can be effected. Without the benefit of this
legislation, the BLM would be forced to take extreme punitive
measures which are not in the best interest of the federal
government or local landowners who previously were unaware of
the encroachment issues.
water delivery facilities
With the passage of Public Law 106-76 the Uncompahgre
Valley Water Users Association expressed concern that access to
water and related facilities might be limited. S. 677 clarifies
that the Bureau of Reclamation will retain jurisdiction over
and access to all land, facilities, and roads in the East
Portal and Crystal Dam areas for the maintenance, repair,
construction, replacement, and operation of any facilities
relating to the delivery of water and power.
We believe that the bill, as introduced, has a couple of
confusing and unneeded sections. We have recommended some
language to clarify these sections and request that S. 677 be
amended to reflect these changes. Specifically, Section 4(b) of
the bill is repetitive of Section 5(a)(2) of Public Law 106-76.
P.L. 106-76 states the methods by which the NPS may acquire
lands and already requires that acquisition may only occur with
willing sellers. We believe Sec. 4(b) of the bill will result
in confusion when the language is enacted and codified.
Therefore, we recommend eliminating this duplicative language.
The proposed amendments are attached to the testimony.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
Technical and Clarifying Amendments to S. 677
On page 2, line 13, strike ``2,725 acres'' and insert
``2,530 acres''
On page 2, line 16, strike ``dated January 21, 2003'' and
insert ``dated April 2, 2003''
On page 2, strike lines 21 and 22, and insert ``(1) by
striking ``Upon enactment of this title, the Secretary shall
transfer'' and inserting the following:''
On page 2, strike line 24, and ``(A) In general.--On
enactment of this title, the Secretary shall transfer''.
On page 2, strike lines 25 and 26, and insert ``(2) by
adding after the first sentence of subsection (b)(1)(A), as
amended by paragraph (1), the following:''
On page 3, strike line 11, and insert ``(3) by striking
``The Secretary shall administer'' and inserting ``(2)
Authority.--The Secretary shall administer''.
On page 5, line 5, by strike ``(a) Authority to Acquire
Lands.''--and
On page 5, by striking lines 10 through 18.
On page 6, line 9, strike ``dated January 21, 2003'' and
insert ``dated April 2, 2003''
On page 6, by striking lines 11 through 22 and insert:
``The Commissioner of Reclamation shall have access to and
retain administrative jurisdiction over the Crystal Dam Access
Road and land, facilities, and roads of the Bureau of
Reclamation in the East Portal area, including the Gunnison
Tunnel, and the Crystal Dam area, as depicted on the maps
identified in section 4 of the Black Canyon of the Gunnison
National Park and Gunnison Gorge National Conservation Area Act
of 1999 and section 2(a)(2) of this Act for the maintenance,
repair, construction, replacement, and operation of any
facilities relating to the delivery of water and power under
the jurisdiction of the Bureau.''
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 bill S. 677, as ordered reported, as 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 106-76
An Act to redesignate the Black Canyon of the Gunnison National
Monument as a national park and establish the Gunnison Gorge National
Conservation Area, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
* * * * * * *
SEC. 4. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON NATIONAL PARK.
(a) Establishment.--[There] (1) There is hereby established
the Black Canyon of the Gunnison National Park in the State of
Colorado as generally depicted on the map identified in section
3. The Black Canyon of the Gunnison National Monument is hereby
abolished as such, the lands and interests therein are
incorporated within and made part of the new Black Canyon of
the Gunnison National Park, and any funds available for
purposes of the monument shall be available for purposes of the
park.
(2) The boundary of the Park is revised to include
the addition of approximately 2,530 acres, as generally
depicted on the map entitled ``Black Canyon of the
Gunnison National Park and Gunnison Gorge NCA Boundary
Modifications'' and dated April 2, 2003.
* * * * * * *
(e) Grazing.--(1)(A)
* * * * * * *
(D) If land within the Park on which the
grazing of livestock is authorized under
permits or leases under subparagraph (A) is
exchanged for private land under section 5(a),
the Secretary shall transfer any grazing
privileges to the land acquired in the
exchange.
* * * * * * *
(3) With respect to the grazing permits and leases
referenced in this subsection, the Secretary shall
allow grazing to continue, subject to periodic
renewal--
(A) with respect to a permit or lease issued
to an individual, for the lifetime of the
individual who was the holder of the permit or
lease on the date of the enactment of this Act;
[and]
(B) with respect to the permit or lease
issued to LeValley Ranch Ltd., for the lifetime
of the last surviving limited partner as of
October 21, 1999;
(C) with respect to the permit or lease
issued to Sanburg Herefords, L.L.P., for the
lifetime of the last surviving general partner
as of October 21, 1999; and
[(B)] (D) with respect to a permit or lease
issued to a [partnership, corporation, or]
corporation or other legal entity, for a period
which shall terminate on the same date that the
last permit or lease held under subparagraph
[(A)] (A), (B), or (C) terminates, unless the
[partnership, corporation, or] legal entity
dissolves or terminates before such time, in
which case the permit or lease shall terminate
with the [partnership, corporation, or]
corporation or legal entity.
* * * * * * *
SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS.
(a) Additional Acquisitions.--
(1) In general.--The Secretary may acquire land or
interests in land depicted on the [Map] Map or the map
described in section 4(a)(2) as proposed additions.
* * * * * * *
SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.
(a) In General.--[There] (1) There is established the
Gunnison Gorge National Conservation Area, consisting of
approximately 57,725 acres as generally depicted on the Map.
(2) The boundary of the Conservation Area is
revised to include the addition of
approximately 7,100 acres, as generally
depicted on the map entitled ``Black Canyon of
the Gunnison National Park and Gunnison Gorge
NCA Boundary Modifications'', and dated April
2, 2003.