[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Senate]
[Pages S1872-S1873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS (for himself and Mr. Enzi):
  S. 273. A bill to provide for the expeditious completion of the 
acquistion of land owned by the State of Wyoming within the boundaries 
of Grand Teton National Park, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. THOMAS. Mr. President, I am pleased to introduce a bill today to 
authorize the exchange of State lands inside Grand Teton National Park.
  Grand Teton National Park was established by Congress on February 29, 
1929, to protect the natural resources of the Teton range and recognize 
the Jackson area's unique beauty. On March 15, 1943, President Franklin 
Delano Roosevelt established the Jackson Hole National Monument 
adjacent to the park. Congress expanded the Park on September 14, 1950, 
by including a portion of the lands from the Jackson Hold National 
Monument. The park currently encompasses approximately 310,000 acres of 
wilderness and has some of the most amazing mountain scenery anywhere 
in our country. This park has become an extremely important element of 
the National Park system, drawing almost 2.7 million visitors in 1999.
  When Wyoming became a State in 1890, sections of land were set aside 
for school revenue purposes. All income from these lands--rents, 
grazing fees, sales or other sources--is placed in a special trust fund 
for the benefit of students in the State. The establishment of these 
sections predates the creation of most national parks or monuments 
within our State boundaries, creating several State inholdings on 
federal land. The legislation I am introducing today would allow the 
Federal Government to remove the State school trust lands from Grand 
Teton National Park and allow the State to capture fair value for this 
property to benefit Wyoming school children.
  This bill, entitled the ``Grand Teton National Park Land Exchange 
Act,'' identifies approximately 1406 acres of State lands and mineral 
interests within the boundaries of Grand Teton National Park for 
exchange for Federal assets. These federal assets could include mineral 
royalties, appropriated dollars, Federal lands or combination of any of 
these elements.
  The bill also identifies an appraisal process for the State and 
Federal Government to determine a fair value of the State property 
located within the park boundaries. After the bill is signed into law, 
the land would be valued by one of the following methods: 1. the 
Interior Secretary and Governor would mutually agree on a qualified 
appraiser to conduct the appraisal of the State lands in the park; 2. 
If there is no agreement about the appraiser, the Interior Secretary 
and Governor would each designate a qualified appraiser. The two 
designated appraisers would select a third appraiser to perform the 
appraisal with the advice and assistance of the designated appraisers.
  If the Interior Secretary and Governor cannot agree on the 
evaluations of the State lands 180 days after the date of enactment, 
the Governor may petition the U.S. Court of Federal Claims to determine 
the final value. One-hundred-eighty days after the State land value is 
determined, the Interior Secretary, in consultation with the Governor, 
shall exchange Federal assets of equal value for the state lands.
  The management of our public lands and natural resources is often 
complicated and requires the coordination of many individuals to 
accomplish desired objectives. When western folks discuss federal land 
issues, we do not often have an opportunity to identify proposals that 
capture this type of consensus and enjoy the support from a wide array 
of interests; however, this land exchange offers just such a unique 
prospect.

[[Page S1873]]

  This legislation is needed to improve the management of Grand Teton 
National Park, by protecting the future of these unique lands against 
development pressures and allow the State of Wyoming to access their 
assets to address public school funding needs.
  This bill enjoys the support of many different groups including the 
National Park Service, the Wyoming Governor, State officials, as well 
as folks from the local community. During the 107th Congress the Senate 
passed this exact same legislation three separate times unanimously. 
Unfortunately, due to complications unrelated to the bill was not able 
to be sent to the President for signature and enactment. It is my hope 
that the Senate, and the Congress, will seize this opportunity to 
improve upon efforts to provide services to the American public.
  Mr. President, I ask unanimous consent that the text of the bill 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 273

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Grand Teton National Park 
     Land Exchange Act''.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) 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) The term ``Governor'' means the Governor of the State 
     of Wyoming.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.
       (4) 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. 3. ACQUISITION OF STATE LANDS.

       (a) 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 2(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) and are of equal value to the State lands 
     acquired in the exchange.
       (b) 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 
     2(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. 4. 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 3(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 3(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 3(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. 5. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE UNITED 
                   STATES.

       The State lands conveyed to the United States under section 
     3(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. 6. AUTHORIZATION FOR APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for the purposes of this Act.
                                 ______