[Congressional Record Volume 148, Number 122 (Tuesday, September 24, 2002)]
[House]
[Pages H6520-H6523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRAND TETON NATIONAL PARK LAND EXCHANGE
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
Senate 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, as amended.
The Clerk read as follows:
S. 1105
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--GRAND TETON NATIONAL PARK LAND EXCHANGE
SEC. 101. DEFINITIONS.
As used in this title:
(1) Federal lands.--The term ``Federal lands'' means public
lands as defined in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(e)).
(2) Governor.--The term ``Governor'' means the Governor of
the State of Wyoming.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State lands.--The term ``State lands'' means lands and
interest in lands owned by the State of Wyoming 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. 102. ACQUISITION OF STATE LANDS.
(a) Authorization to Acquire Lands.--The Secretary is
authorized to acquire approximately 1,406 acres of State
lands within the exterior boundaries of Grand Teton National
Park, as generally depicted on the map referenced in section
101(4), by any one or a combination of the following--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange of Federal lands in the State of Wyoming that
are identified for disposal under approved land use plans 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) that are of equal value to the State lands
acquired in the exchange.
(b) Identification of Lands for Exchange.--In the event
that the Secretary or the Governor determines that the
Federal lands eligible for exchange under subsection (a)(3)
are not sufficient or acceptable for the acquisition of all
the State lands identified in section 101(4), the Secretary
shall identify other Federal lands or interests therein in
the State of Wyoming for possible exchange and shall identify
such lands or interests together with their estimated value
in a report to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Resources of
the House of Representatives. Such lands or interests shall
not be available for exchange unless authorized by an Act of
Congress enacted after the date of submission of the report.
SEC. 103. VALUATION OF STATE AND FEDERAL INTERESTS.
(a) Agreement on Appraiser.--If the Secretary and the
Governor are unable to agree on the value of any Federal
lands eligible for exchange under section 102(a)(3) or State
lands, then the Secretary and the Governor may select a
qualified appraiser to conduct an appraisal of those lands.
The purchase or exchange under section 102(a) shall be
conducted based on the values determined by the appraisal.
(b) No Agreement on Appraiser.--If the Secretary and the
Governor are unable to agree on the selection of a qualified
appraiser under subsection (a), then the Secretary and the
Governor shall each designate a qualified appraiser. The two
designated appraisers shall select a qualified third
appraiser to conduct the appraisal with the advice and
assistance of the two designated appraisers. The purchase or
exchange under section 102(a) shall be conducted based on the
values determined by the appraisal.
(c) Appraisal Costs.--The Secretary and the State of
Wyoming shall each pay one-half of the appraisal costs under
subsections (a) and (b).
SEC. 104. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE
UNITED STATES.
The State lands conveyed to the United States under section
102(a) shall become part of Grand Teton National Park. The
Secretary shall manage such lands under the Act of August 25,
1916 (commonly known as the ``National Park Service Organic
Act'') and other laws, rules, and regulations applicable to
Grand Teton National Park.
SEC. 105. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for the purposes of this title.
[[Page H6521]]
TITLE II--JAMES V. HANSEN SHOSHONE NATIONAL TRAIL
SEC. 201. SHOSHONE NATIONAL TRAIL.
(a) Definitions.--For the purposes of this section, the
following definitions shall apply:
(1) Appropriate secretary.--The term ``appropriate
Secretary'' means--
(A) the Secretary of Agriculture when referring to land
under the jurisdiction of that Secretary; and
(B) the Secretary of the Interior when referring to any
land except that under the jurisdiction of the Secretary of
Agriculture.
(2) Map.--The term ``Map'' means the map entitled ``James
V. Hansen Shoshone National Trail'' and dated April 5, 2002.
(3) Trail.--The term ``Trail'' means the system of trails
designated in subsection (b) as the James V. Hansen Shoshone
National Trail.
(b) Designation.--The trails that are open to motorized use
pursuant to applicable Federal and State law and are depicted
on the Map as the Shoshone National Trail are hereby
designated as the ``James V. Hansen Shoshone National
Trail''.
(c) Management.--
(1) In general.--Except as otherwise provided in this
title, the appropriate Secretary shall manage the Trail
consistent with the requirements of a national recreation
trail in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) other applicable laws and regulations for trails on
Federal lands.
(2) Cooperation; agreements.--The Secretary of the Interior
and the Secretary of Agriculture shall cooperate with the
State of Utah Department of Natural Resources and appropriate
county governments in managing the Trail. The appropriate
Secretary shall make every reasonable effort to enter into
cooperative agreements with the State of Utah Department of
Natural Resources and appropriate county governments
(separately, collectively, or in an any combination, as
agreed by the parties) for management of the Trail.
(3) Primary purpose.--The primary purpose of this title is
to provide recreational trail opportunities for motorized
vehicle use on the Trail. The Trail shall be managed in a
manner that is consistent with this purpose, ensures user
safety, and minimizes user conflicts.
(4) Addition of trails.--
(A) In general.--The appropriate Secretary may add trails
to the Trail in accordance with the National Trails System
Act and this title. The Secretary shall consider the Trail a
national recreation trail for the purpose of making such
additions.
(B) Requirement for addition of trails on non-federal
land.--If a trail to be added to the Trail is located on non-
Federal land, the appropriate Secretary may add the trail
only if the owner of the land upon which the trail is located
has--
(i) consented to the addition of the trail to the Trail;
and
(ii) entered into an agreement with the appropriate
Secretary for management of the additional trail in a manner
that is consistent with this title.
(5) Notice of open routes.--The Secretary of the Interior
and the Secretary of Agriculture shall ensure that the public
is adequately informed regarding the routes open for the
Trail, including by appropriate signage along the Trail.
(d) No Effect on Non-Federal Land and Interests in Land.--
Nothing in this section shall be construed to affect
ownership, management, or other rights related to any non-
Federal land or interests in land, except as provided in an
agreement related to that land entered into by the landowner
under subsection (c)(4)(B)(ii).
(e) Acquisition of Land and Interests in Land.--The
appropriate Secretary may acquire land and interests in land
for the purposes of the Trail only from willing owners.
(f) Map on File; Updated.--The Map shall be--
(1) kept on file at the appropriate offices of the
Secretary of the Interior and the Secretary of Agriculture;
and
(2) updated by the appropriate Secretary whenever trails
are added to the Trail.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
TITLE III--MCLOUGHLIN HOUSE PRESERVATION
SEC. 301. DEFINITIONS.
For the purposes of this title, the following definitions
shall apply:
(1) Association.--The term ``Association'' means the
McLoughlin Memorial Association, an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(2) City.--The term ``City'' means Oregon City, Oregon.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 302. FINDINGS.
Congress finds the following:
(1) On June 27, 1941, Acting Assistant Secretary of the
Interior W.C. Mendenhall, under the authority granted the
Secretary under section 2 of the Historic Sites, Buildings
and Antiquities Act (16 U.S.C. 461 et seq.), established the
McLoughlin Home National Historic Site located in the City.
(2) Since January 16, 1945, the site has been known as
McLoughlin House National Historic Site.
(3) The McLoughlin House National Historic Site includes
both the McLoughlin House and Barclay House, which are owned
and managed by the Association.
(4) The McLoughlin House National Historic Site is located
in a Charter Park on Oregon City Block 40, which is owned by
the City.
(5) A cooperative agreement was made in 1941 among the
Association, the City, and the United States, providing for
the preservation and use of the McLoughlin House as a
national historic site.
(6) The Association has had an exemplary and longstanding
role in the stewardship of the McLoughlin House National
Historic Site but is unable to continue that role.
(7) The McLoughlin House National Historic Site has a
direct relationship with Fort Vancouver National Historic
Site due to Dr. John McLoughlin's importance as the Chief
Factor of the Hudson Bay Company's Fort Vancouver, the
headquarters for the Hudson Bay Company's Columbia
Department, and his subsequent role in the early history of
the settlement of the Oregon Territory to the extent that he
is known as the ``Father of Oregon''.
(8) The McLoughlin House National Historic Site has been an
affiliated area of the National Park System and is worthy of
recognition as part of the Fort Vancouver National Historic
Site.
SEC. 303. BOUNDARY OF FORT VANCOUVER NATIONAL HISTORIC SITE.
In recognition of the Secretary's role and responsibilities
since June 27, 1941, and in order to preserve the McLoughlin
House National Historic Site, the Secretary is authorized to
acquire the McLoughlin House, consisting of approximately 1
acre, as generally depicted on the map entitled ``McLoughlin
National Historic Site'', numbered 007/80,000, and dated 12/
01/01, as an addition to the Fort Vancouver National Historic
Site. The map shall be on file and available for inspection
in the appropriate offices of the National Park Service,
Department of the Interior.
SEC. 304. ACQUSITION AND ADMINISTRATION.
(a) Acquisition.--The Secretary is authorized to acquire
the McLoughlin House from willing owners only, by donation,
purchase with donated or appropriated funds, or exchange,
except that lands or interests in lands owned by the City may
be acquired by donation only.
(b) Administration.--The Secretary shall administer the
McLoughlin House as an addition to Fort Vancouver National
Historic Site in accordance with the provisions of law
generally applicable to units of the National Park System.
TITLE IV--PRESIDENTIAL HISTORIC SITE STUDY
SEC. 401. PRESIDENTIAL HISTORIC SITE STUDY.
(a) Study and Report.--Not later than 2 years after the
date funds are made available, the Secretary of the Interior
shall--
(1) carry out a study on the suitability and feasibility of
designating the William Jefferson Clinton birthplace home
located in Hope, Arkansas, as a national historic site; and
(2) submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the findings,
conclusions, and recommendations of the study.
(b) Requirements for Study.--Except with regard to deadline
for completion provided in subsection (a), the study under
subsection (a) shall be conducted in accordance with section
8(c) Public Law 91-383 (16 U.S.C. 1a-5(c)).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1105 would provide for the expeditious completion of
the acquisition of the State of Wyoming lands in the Grand Teton
National Park.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Wyoming (Mrs. Cubin) to explain this legislation.
Mrs. CUBIN. Mr. Speaker, the Grand Teton National Park Land Exchange
Act was introduced by Senator Thomas and cosponsored by Senator Enzi,
and is supported by all five of the Wyoming State elected officials,
along with the National Park Service and the local communities. The
measure passed the Senate on October 17, 2001, by unanimous consent.
This bill presents a very unique opportunity regarding Federal land
management in our national parks that will greatly benefit the American
people, as well as Wyoming school children. Grand Teton National Park
was established in Congress on February 29, 1929, to protect the
natural resources of the Teton range and the Jackson Hole area's unique
beauty. On March 15, 1943, President Franklin Delano Roosevelt
established the Jackson Hole
[[Page H6522]]
National Monument, which is adjacent to the Grand Teton National Park.
The Grand Teton National Park was expanded to its present size by
Congress on September 14, 1950, to include a portion of the land from
Jackson Hole National Monument, which is probably a little more than
Members wanted to know.
Now comes the important part. The park currently encompasses about
310,000 acres of wilderness and some of the most amazing mountains
anywhere in our country. However, when Wyoming received its statehood
in 1890, sections of land were set aside for school revenue purposes.
All income from the State lands, rents and grazing fees, sales or other
sources, is placed in a special trust fund for the benefit of the
public schools in Wyoming. The establishment of these sections predates
the creation of most national parks in the United States.
Currently, over 1,406 acres of State surface and mineral lands are
held by the State of Wyoming in isolated plots within Grand Teton
National Park itself.
This legislation would allow the State of Wyoming to trade or sell
these precious State lands locked up inside the park for other Federal
lands, minerals or appropriated dollars to address public school
funding needs. Further, the American public can then consolidate under
the National Park Service all of the lands within the Grand Teton
National Park's borders and protect them from development pressures.
There are still some inholdings in Grand Teton National Park that are
privately owned, and I think we can all agree we need to buy those or
get easements on those privately held lands that are within the park,
too, to prevent development.
Mr. Speaker, this is a win/win situation for all of the groups
involved. Basically, S. 1105 identifies approximately 1,406 acres of
state lands and mineral interests within the park and makes them
eligible for exchange for other Federal assets such as mineral
royalties, appropriated dollars, or Federal lands set aside for
disposal under FLPMA. It can even be a combination of all three of
these elements.
Within 90 days after this bill is signed, the land would be valued
through an agreement by the Wyoming Governor and the Secretary of
Interior. If there is no agreement, then an appraisal process would
start so that the value of the minerals or the lands in question would
be assured fairness in all cases. There would also be an appeals
process on the value to ensure fairness if any of the parties feel that
it is not the right price. Within 100 days after the land value is
determined, the Secretary of Interior, in consultation with the
Governor, will exchange the Federal assets of equal value for the State
lands.
Mr. Speaker, I respectfully request that the House of Representatives
act favorably upon the Grand Teton National Park Land Exchange Act. I
think this body has an incredible opportunity to allow the
consolidation within Grand Teton National Park borders, and to allow
the State of Wyoming to capture fair market value for their property to
benefit their schools.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as has already been noted, S. 1105, as amended, is a
package of bills which have been previously approved by the Committee
on Resources. I would like to take this opportunity to make note of the
fact that the Grand Teton National Park provisions in this bill have
been advanced by our colleague, the gentlewoman from Wyoming (Mrs.
Cubin).
{time} 1715
Her Senator passed this bill out of the other body and she has
greatly assisted the movement of this legislation in this body. The
gentlewoman from Wyoming is a wonderful person to work with. I
appreciate her willingness to work with me on issues of mutual concern.
She is indeed a distinguished Representative of the State of Wyoming. I
appreciate her leadership.
Another provision of this bill would establish the James V. Hansen
Shoshone National Trail in honor of our distinguished chairman, the
gentleman from Utah. I sponsored the amendment in committee to name the
trail after the gentleman from Utah. He resisted at first. He was
willing to settle on having some outhouse in Glacier National Park
named after him, but I insisted on my amendment instead.
I would further note that this measure includes the text of H.R. 3434
sponsored by the gentlewoman from Oregon (Ms. Hooley) which authorizes
the Secretary of the Interior to acquire the McLoughlin House National
Historic Site in Oregon and to administer it as part of the existing
Fort Vancouver National Historic Site. Her leadership has been
invaluable on this. I appreciate her working with us as well.
The legislation also includes the text of H.R. 3815 introduced by the
gentleman from Arkansas (Mr. Ross) to authorize a study of the
suitability and feasibility of designating the William Jefferson
Clinton birthplace home located in Hope, Arkansas, as a national
historic site.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
I appreciate my good friend from West Virginia, who has been a joy to
work with over the years in explaining the other parts of this bill
which are very important. He did amend the Shoshone bill to somehow put
my name on it. I explained to him another piece of legislation that I
had my heart set on but, bless his heart, he was able to do that. I
appreciate very much his kindness and his understanding. I appreciate
the gentlewoman from Wyoming and all the work she has done on our
committee, especially on this piece of legislation and many others.
Mrs. CUBIN. Mr. Speaker, will the gentleman yield?
Mr. HANSEN. I yield to the gentlewoman from Wyoming.
Mrs. CUBIN. I would just like to make the offer, Mr. Chairman, in
exchange for the Martin's Cove issue that was quite controversial in my
State, we are building a new maximum security prison. If the gentleman
from West Virginia wanted to amend his amendment, we would probably be
happy to name our new maximum security prison after him.
Mr. HANSEN. If I may ask, is the gentlewoman suggesting that I may
spend time there?
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Oregon (Ms. Hooley).
Ms. HOOLEY of Oregon. Mr. Speaker, I rise in support of this
legislation and specifically the amended version of S. 1105 that
includes H.R. 3434, the McLoughlin House Preservation Act. The
McLoughlin House Preservation Act will extend the boundaries of Fort
Vancouver to include the McLoughlin House National Historic Site to be
managed and maintained by the National Park Service. Fort Vancouver and
the McLoughlin House have a long and storied history that goes back to
the early 1800s and the early settlement of the Oregon Territory.
Since the early 1900s, the McLoughlin House has been maintained and
managed by a nonprofit McLoughlin Memorial Association. For almost 100
years, the association has done yeoman's work to preserve and maintain
this historic treasure so that thousands of people could tour the site.
By extending the boundaries of Fort Vancouver to include the McLoughlin
House, we will continue to build on a relationship that began over 180
years ago; and we will preserve in perpetuity the cultural, educational
and historical benefits of this historic site for future generations.
In closing, I would like to convey my sincere appreciation to the
gentleman from Utah (Mr. Hansen), the gentleman from California (Mr.
Radanovich), and the gentleman from West Virginia (Mr. Rahall) for so
generously agreeing to work with me on this bill and in helping to move
it forward. I would also like to extend my gratitude to all the staff
that helps out here, Luke Johnson and David Watkins of the Committee on
Resources for their tireless efforts on behalf of this bill, thanks to
John Salisbury and the McLoughlin Memorial Association for all of their
hard work to preserve this Oregon treasure; and lastly I would like to
thank Tracy Fortmann for her advocacy on behalf of the McLoughlin House
over the years. She has done a fantastic job. We are extremely lucky to
have her at Fort Vancouver.
[[Page H6523]]
I urge my colleagues to support this legislation.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bass). The question is on the motion
offered by the gentleman from Utah (Mr. Hansen) that the House suspend
the rules and pass the Senate bill, S. 1105, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________