[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.

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