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Calendar No. 175
107th Congress Report
1st Session 107-73
GRAND TETON NATIONAL PARK LAND EXCHANGE ACT
October 1, 2001.--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 S. 1105]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1105) to provide for the expeditious
completion of the acquisition of State of Wyoming lands within
the boundaries of Grand Teton National Park, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
The amendment is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grand Teton National Park Land
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Governor'' means the Governor of the State of
(2) The term ``Federal lands'' means public lands identified
for disposal under approved land use plans (as in effect on the
date of enactment of this Act) under section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(3) The term ``Secretary'' means the Secretary of the
Department of the Interior.
(4) The term ``State lands'' means the State of Wyoming
lands, and interest therein, within the boundaries of Grand
Teton National Park as identified on a map titled ``Private,
State & County Inholdings Grand Teton National Park'', dated
March 2001, and numbered GTNP-0001.
SEC. 3. PURPOSE.
The purpose of this Act is to authorize the Secretary to acquire
approximately 1,406 acres of State lands and interests therein within
the exterior boundaries of Grand Teton National Park.
SEC. 4. VALUATION OF INTEREST.
Not later than 90 days after the date of enactment of this Act, the
State lands to be acquired shall be valued by one of the following
(1) Selection of appraiser.--The Secretary and the Governor
shall mutually agree on the selection of a qualified appraiser
to conduct an appraisal of the State lands.
(2) No agreement on appraiser.--If no appraiser is mutually
agreed to under paragraph (a)(1) of this section, the Secretary
and the Governor shall each designate a qualified appraiser,
and the two designated appraisers shall select a third
qualified appraiser to perform the appraisal with the advice
and assistance of the designated appraisers.
(3) Failure of process.--If the Secretary and the Governor
cannot agree on the evaluation of the appraised State lands by
the date that is 180 days after the date of enactment of this
section the Governor may petition the United States Court of
Federal Claims for a determination of the value of the State
lands and interest therein. Subject to the right of appeal, a
determination by the Court shall be binding for purposes of
this section on all parties.
SEC. 5. LAND EXCHANGE.
Within 180 days after the value of the State lands is determined in
accordance with the provisions of section 4 of this Act, the Secretary,
in consultation with the Governor, shall exchange Federal lands of
equal value or other Federal assets of equal value, or a combination of
both, for the State lands.
SEC. 6. ADMINISTRATION OF ACQUIRED LANDS.
Upon final exchange of title between the State and the Secretary,
the lands conveyed to the United States pursuant to this Act shall
become part of Grand Teton National Park. Once conveyed, such lands
shall be managed in accordance with the Act of August 25, 1916
(commonly known as the ``National Park Service Organic Act'') and other
laws, rules and regulations applicable to units of the National Park
The purpose of S. 1105 is to provide for the acquisition of
approximately 1,366 acres of land and 40 acres of mineral
intereests owned by the State of Wyoming within the boundaries
of Grand Teton National Park.
BACKGROUND AND NEED
At the time of statehood, Wyoming was granted two sections
and a third smaller parcel of school trust lands in what later
became Grand Teton National Park. The Wyoming Constitution
directs the State to generate a reasonable income from these
trust lands to support its public schools. Any revenue or
proceeds from school trust lands must be used for the
educational trust fund. The State has been leasing the lands
identified in the bill for grazing and wildlife purposes,
raising approximately $2,000 annually in fees. Due to a recent
Wyoming Supreme Court decision, the State is reevaluating the
revenue streams from its school trust lands. Because the State
land in Grand Teton National Park is near the town of Jackson,
the State may be facing future legal challenges to obtain
maximum value for the lands and sell them for development.
Three parcels of land and a 40-acre tract of subsurface
mineral interests would be exchanged under the terms of S.
1105. The 40-acre mineral interest is located in the northern
part of the park near Jackson Lake. The smallest land parcel of
state land comprises 86 acres and is located across the Snake
River from the Jackson Hole Airport. The two largest parcels,
640 acres in size each, are in the southern and eastern portion
of the park close to some of the park's developed road system.
Enactment of S. 1105 will allow for the continued protection of
these properties within Grand Teton National Park while
ensuring that the State of Wyoming meets its constitutional
mandate to maximize revenues from its school trust lands.
S. 1105 was introduced by Senators Thomas and Enzi on March
1, 2001. The Subcommittee on National Parks held a hearing on
S. 1105 on July 31, 2001. At its business meeting on August 2,
2001, the Committee on Energy and Natural Resources ordered S.
1105 favorably reported with an amendment in the nature of a
The Senate Committee on Energy and Natural Resources, in
open business session on August 2, 2001, by a voice vote of a
quorum present, recommends that the Senate pass S. 1105, if
amended as described herein.
During the consideration of S. 1105, the Committee adopted
an amendment in the nature of a substitute. The amendment made
minor clarifying and technical changes. The amendment also
clarifies that only public lands identified as eligible for
disposal under approved land use plans may be exchanged for the
State inholdings. The amendment is explained in detail in
thesection-by-section analysis, below.
Section 1 entitles the bill ``Grand Teton National Park
Land Exchange Act.''
Section 2 defines key terms used in the bill.
Section 3 states that the purpose of the Act is to
authorize the Secretary of the Interior (the ``Secretary'') to
acquire approximately 1,406 acres of State lands and interests
within Grand Teton National Park.
Section 4 requires that the State lands be valued within 90
days after the date of enactment by one of the following
methods: the Secretary and the Governor are to mutually agree
on the selection of a qualified appraiser to conduct an
appraisal of the State lands; or if they are unable to agree on
an appraiser, then they are each to select an appraiser, and
the two appraisers will select a third qualified appraiser to
value the State lands. If the Secretary and Governor are unable
to agree on the value of the State lands within 180 days after
the date of enactment of this Act, then the Governor is
authorized to petition the U.S. Court of Federal Claims for a
binding determination of value, subject to the right of appeal.
Section 5 requires the Secretary, within 180 days after the
valuation of the State lands is determined, to exchange Federal
lands, assets, or a combination of both for the State lands.
Section 6 provides that the lands and interests acquired
from the State are to be administered as part of Grand Teton
National Park and are to be managed in accordance with the Act
of August 25, 1916 (the National Park Service Organic Act) and
other laws and regulations applicable to units of the National
Cost And Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
Congressional Budget Office,
Washington, DC, September 10, 2001.
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 S. 1105, the Grand
Teton National Park Land Exchange Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Barry B. Anderson
(For Dan L. Crippen, Director).
congressional budget office cost estimate
S. 1105--Grand Teton National Park Land Exchange Act
Summary: S. 1105 would direct the Secretary of the Interior
to exchange federal lands or assets to acquire about 1,400
acres of state-owned lands and associated interests that lie
within the boundaries of the Grand Teton National Park in Teton
County, Wyoming. Under the bill, the Secretary and the Governor
of Wyoming must agree on the appraised value of the state lands
prior to the exchange, and, once such an agreement has been
reached, the exchange must occur within 180 days.
CBO estimates that enacting S. 1105 would increase direct
spending by $23 million over the next 10 years and by $36
million over the next 20 years. Because the bill would affect
direct spending (including offsetting receipts), pay-as-you-go
procedures would apply. CBO also estimates that implementing
the bill could cost $1 million in 2002, assuming appropriation
of the necessary amounts.
S. 1105 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. This exchange would be voluntary on the part of
the Wyoming state government.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1105 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
[By fiscal year, in millions of dollars]
2002 2003 2004 2005 2006
CHANGES IN DIRECT SPENDING
Estimated Budget Authority...... 0 2 3 3 3
Estimated Outlays............... 0 2 3 3 3
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 1 0 0 0 0
Estimated Outlays............... 1 0 0 0 0
Basis of estimate: S. 1105 does not specify the federal
lands or assets to be exchanged for state-owned lands, nor does
it provide a definition for federal assets. The bill does
specify that the federal lands or assets exchanged must be
equal in value to Wyoming's lands. According to Wyoming state
officials, the state would prefer to exchange its lands for
federal assets that would produce a significant source of
income to support schools in the state. According to the
Department of the Interior (DOI), federal assets exchanged
under S. 1105 could include the federal government's reserved
royalty interest in federally owned mineral resources, thereby
allowing the state to collect royalty payments due under
federal leases. For this estimate, CBO assumes that the
Secretary would exchange the reserved royalty interest in one
or more oil or gas leases that are expected to produce a stream
of royalties with a net present value equal to the estimated
value of Wyoming's lands--$42 million. We also assume that the
exchange would occur during fiscal year 2003.
Direct spending (including offsetting receipts)
Based on information from DOI and Teton County, Wyoming,
about the potential value of the state lands, CBO estimates
that exchanging reserved royalty interests to acquire those
lands would reduce federal receipts from mineral leases by a
total of $47 million over the 2003-2011 period and by $72
million over the next 20 years. Because Wyoming receives 50
percent of federal mineral receipts generated within its
boundaries, those forgone receipts would be partially offset by
a corresponding decrease in direct spending of about $23.5
million over the 2003-2011 period, (and $36 million over the
next 20 years). Hence, we estimate that enacting S. 1105 would
result in a net increase in direct spending of $23.5 million
over the 2003-2011 period. That amount could be less if other
assets, such as federal lands, are used to complete the
exchange instead of royalty interests.
Spending subject to appropriation
Assuming appropriation of the necessary amounts and based
on information from DOI, CBO estimates that the department
would spend $1 million to implement the exchange authorized by
the bill, with most of that spending occurring in 2002, subject
to the availability of appropriated funds.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The net
changes in outlays that are subject to pay-as-you-go procedures
are shown in the following table. For the purposes of enforcing
pay-as-you-go procedures, only the effects in the current year,
the budget year, and the succeeding four years are counted.
[By fiscal year, in millions of dollars]
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Changes in outlays................. 0 0 2 3 3 3 3 3 3 2 2
Changes in receipts................ (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\)
\1\ Not applicable.
Intergovernmental and private-sector impact: S. 1105
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. This exchange would be voluntary on the
part of the Wyoming state government.
Estimate prepared by: Federal Costs: Megan Carroll and
Julie Middleton. Impact on State, Local and Tribal Governments:
Marjorie Miller. Impact on the Private Sector: Lauren Marks.
Estimate 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. 1105. The bill is not a regulatory measure in
the sense of imposing government-established standards or
significant responsibilities on private individuals and
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
Little, if any, additional paperwork would result from the
enactment of S. 1105.
On July 27, 2001, 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. 1105. These
reports had not been received at the time this report was
filed. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement by John Reynolds, Regional Director, Pacific West Region,
National Park Service, U.S. Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 1105, a bill to
provide for the completion of the acquisition of State of
Wyoming lands within the boundaries of Grand Teton National
The Department supports the legislation and thanks Senator
Thomas and Senator Enzi for their continued interest and
support of the National Park System and Grand Teton National
S. 1105 would authorize the Secretary of the Interior to
acquire from the State of Wyoming 1,366.32 acres of land, and
mineral interests on 39.59 acres of land, all within the
current boundary of Grand Teton National Park in exchange for
other federal lands and/or other federal assets of equal value.
The state trust lands and mineral interests were among the non-
federal lands incorporated into the newly designated national
park on September 14, 1950, bringing it to its present size
(approximately 310,000 acres).
The legislation also details the process under which the
exchange would take place, including selection of an appraiser,
approval of the value of the lands as well as a mechanism by
which an appeal can be made in case the process fails.
This acreage includes two full 640-acre sections. One
section lies in the southeast area of the park known as
Antelope Flats which is an open expanse of grasses and
sagebrush that provides habitat for birds (including the
declining sage grouse) and many large mammals (deer, antelope,
elk, bison, coyotes, and wolves) and also provides the scenic
foreground of the Teton Range. In the past, the state has
leased the land for grazing.
The second full section lies on the eastern boundary of the
park, adjacent to the Bridger-Teton National Forest. The
vegetation is a mix of grasses, sagebrush, and trees. The area
provides excellent habitat for a variety of large and small
animals. The state currently leases this section for grazing.
The remaining acreage is located in the southwestern part
of the park and is part of a 301-acre state parcel that
straddles the park boundary. The Snake River runs through the
parcel, which offers excellent riparian and wetland habitat. In
the past, the state has leased the land for grazing.
Finally, the state also owns the mineral interests on
approximately 39 acres of undeveloped sagebrush flats in the
center of the park, slightly to the east.
Over the last fifty-one years, the State of Wyoming and
Grand Teton National Park have worked together on a variety of
issues including compatible land uses. The National Park
Service (NPS) has been interested in the purchase of, or
exchange for, these lands for a long time. The Park's land
protection files contain more than thirty years of
correspondence on how to appropriately compensate the state for
bringing the lands under federal ownership.
The draft 2001 Grand Tenton Land Protection Plan places fee
acquisition of the state lands and mineral interest sixth on a
list of fifteen priorities. Only some private lands that
contain critical resources, or that are under intense
development pressure in the high-stakes, Jackson Hole real
estate market are listed higher. The NPS believes that federal
fee acquisition, through either purchase or exchange, is the
best alternative for the Park. A federal appraisal has not been
completed on the State lands and there here not been any sales
or exchanges similar to the one proposed, so it is difficult to
estimate either the cost of purchasing the state lands or how
much federal land or interest in federal land would be required
to exchange for them. Funding to purchase these lands would be
subject to NPS servicewide priorities and the availability of
The State of Wyoming is actively pursuing disposing a
different State owned section near Teton Village. Teton Village
is located near the southwest corner of Grand Tenton National
Park and at the base of the Jackson Hole Ski Area. Currently,
the State is negotiating the sale of the section for $30
million. Because the state lands described in the bill are
inside a national park and bordered by permanently protected
lands, we understand that they may be viewed as more valuable.
The NPS will not require additional funds or staff to bring
these lands under federal management. The additional lands
would increase the acreage of Grand Teton National Park by
approximately one half of one percent. Currently the State
owned lands are surrounded by national park lands and have no
roads or other formal access, although hikers use the lands
occasionally. If acquired, the State lands can be managed by
the park with existing staff and with no additional resources.
There is broad support for making these exchanges and that
support has been expressed in a variety of ways, including a
letter to Secretary Norton from Wyoming Governor Jim Geringer.
Editorials in the Jackson Hole News and Casper Star call the
proposal, ``a win for all sides''.
In his May 16, 2001, letter Governor Jim Geringer wrote,
``We would like to express to you our full support for the
National Park Service acquiring our state trust lands located
within Grand Tenton National Park * * * We ask your support in
accomplishing this acquisition for the benefit of the people of
Wyoming and the United States.''
The Department believes that S. 1105 demonstrates the value
of reaching a broad based consensus on potentially challenging
resource management questions between local parties, the State,
and the federal government.
We appreciate the committee's interest in this legislation
and the efforts of the senators from Wyoming. This concludes
may remarks. I would be happy to respond to any questions that
you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the State, the Committee notes that no
changes in existing law are made by the bill S. 1105, ordered