[Congressional Record Volume 149, Number 54 (Thursday, April 3, 2003)]
[Senate]
[Pages S4879-S4881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE CALENDAR
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration, en bloc, of the following
calendar items: No. 26, S. 273; No. 27, S. 302; No. 28, S. 426.
The PRESIDING OFFICER. The clerk will state the bills by title.
A bill (S. 273) to provide for the expeditious completion
of the acquisition of land owned by the State of Wyoming
within the boundaries of Grand Teton National Park, and for
other purposes.
A bill (S. 302) to revise the boundaries of the Golden Gate
National Recreation Area in the State of California, to
restore and extend the term of the advisory commission for
the recreation area, and for other purposes.
A bill (S. 426) to direct the Secretary of the Interior to
convey certain parcels of land acquired for the Blunt
Reservoir and Pierre Canal features of the initial stage of
the Oahe Unit, James Division, South Dakota, to the
Commission of Schools and Public Lands and the Department of
Game, Fish, and Parks of the State of South Dakota for the
purpose of mitigating lost wildlife habitat, on the condition
that the current preferential leaseholders shall have an
option to purchase the parcels from the Commission, and for
other purposes.
There being no objection, the Senate proceeded to consider the bills,
en bloc.
Mr. FRIST. Mr. President, I ask unanimous consent that the technical
amendment to Calendar No. 27, S. 203 at the desk be considered and
agreed to, the bills, as amended, if amended, be read the third time
and passed, and the motions to reconsider be laid upon the table en
bloc, that any statements relating thereto be printed at the
appropriate place in the Record, and that the consideration appear
separately in the Record without further intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senate proceeded to consider the bill (S. 302) to revise the
boundaries of the Golden Gate National Recreation Area in the State of
California, to restore and extend the term of the advisory commission
for the recreation area, and for other purposes.
The amendment (No. 523) was agreed to, as follows:
(Purpose: To correct a map reference in the bill)
On page 3, strike lines 19 through 25 and insert ``numbered
NPS-80,079D and dated February 2003.''
The bill, (S. 302) was considered, ordered to be engrossed for a
third reading, read the third time, and passed, as follows:
S. 302
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 ``Rancho Corral de Tierra
Golden Gate National Recreation Area Boundary Adjustment
Act''.
SEC. 2. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.
(a) Boundary Adjustment.--Section 2(a) of Public Law 92-589
(16 U.S.C. 460bb-1(a)) is amended--
(1) by striking ``The recreation area shall comprise'' and
inserting the following:
``(1) Initial lands.--The recreation area shall comprise'';
and
(2) by striking ``The following additional lands are also''
and all that follows through the period at the end of the
subsection and inserting the following new paragraphs:
``(2) Additional lands.--In addition to the lands described
in paragraph (1), the recreation area shall include the
following:
``(A) The parcels numbered by the Assessor of Marin County,
California, 119-040-04, 119-040-05, 119-040-18, 166-202-03,
166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19,
166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52,
119-240-54, 166-010-12, 166-010-13, and 119-235-10.
``(B) Lands and waters in San Mateo County generally
depicted on the map entitled `Sweeney Ridge Addition, Golden
Gate National Recreation Area', numbered NRA GG-80,000-A, and
dated May 1980.
``(C) Lands acquired under the Golden Gate National
Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note;
Public Law 102-299).
``(D) Lands generally depicted on the map entitled
`Additions to Golden Gate National Recreation Area', numbered
NPS-80-076, and dated July 2000/PWR-PLRPC.
``(E) Lands generally depicted on the map entitled `Rancho
Corral de Tierra Additions to the Golden Gate National
Recreation Area', numbered NPS-80,079D and dated February
2003.
``(3) Acquisition limitation.--The Secretary may acquire
land described in paragraph (2)(E) only from a willing
seller.''.
(b) Extension of Term of Advisory Commission.--Effective as
of October 26, 2002, section 5(g) of Public Law 92-589 (16
U.S.C. 460bb-4(g)) is amended by striking ``cease to exist
thirty years after the enactment of this Act'' and inserting
``terminate at the end of the 10-year period beginning on the
date of the enactment of the Rancho Corral de Tierra Golden
Gate National Recreation Area Boundary Adjustment Act''.
The bill (S. 273) to provide for the expeditious completion of the
acquisition of land owned by the State of Wyoming within the boundaries
of Grand Teton National Park, and for other purposes, was considered,
ordered to be engrossed for a third reading, read the third time, and
passed, 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) that 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
[[Page S4880]]
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 know 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.
The bill (S. 426) to direct the Secretary of the Interior to convey
certain parcels of land acquired for the Blunt Reservoir and Pierre
Canal features of the initial stage of the Oahe Unit, James Division,
South Dakota, to the Commission of Schools and Public Lands and the
Department of Game, Fish, and Parks of the State of South Dakota for
the purpose of mitigating lost wildlife habitat, on the condition that
the current preferential leaseholders shall have an option to purchase
the parcels from the Commission, and for other purposes, was
considered, ordered to be engrossed for a third reading, read the third
time, and passed, as follows:
S. 426
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 ``Blunt Reservoir and Pierre
Canal Land Conveyance Act of 2003''.
SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(2) Commission.--The term ``Commission'' means the
Commission of Schools and Public Lands of the State.
(3) Nonpreferential lease parcel.--The term
``nonpreferential lease parcel'' means a parcel of land
that--
(A) was purchased by the Secretary for use in connection
with the Blunt Reservoir feature or the Pierre Canal feature;
and
(B) was considered to be a nonpreferential lease parcel by
the Secretary as of January 1, 2001, and is reflected as such
on the roster of leases of the Bureau of Reclamation for
2001.
(4) Pierre canal feature.--The term ``Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a person or descendant of a person that
held a lease on a preferential lease parcel as of January 1,
2001, and is reflected as such on the roster of leases of the
Bureau of Reclamation for 2001.
(6) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in connection
with the Blunt Reservoir feature or the Pierre Canal feature;
and
(B) was considered to be a preferential lease parcel by the
Secretary as of January 1, 2001, and is reflected as such on
the roster of leases of the Bureau of Reclamation for 2001.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) State.--The term ``State'' means the State of South
Dakota, including a successor in interest of the State.
(9) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in connection
with the Blunt Reservoir feature or the Pierre Canal feature;
and
(B) is not under lease as of the date of enactment of this
Act.
(b) Deauthorization.--The Blunt Reservoir feature is
deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a condition of each conveyance under
subsections (d)(5) and (e), respectively, the State shall
agree to accept--
(A) in ``as is'' condition, the portions of the Blunt
Reservoir Feature and the Pierre Canal Feature that pass into
State ownership;
(B) any liability accruing after the date of conveyance as
a result of the ownership, operation, or maintenance of the
features referred to in subparagraph (A), including liability
associated with certain outstanding obligations associated
with expired easements, or any other right granted in, on,
over, or across either feature; and
(C) the responsibility that the Commission will act as the
agent for the Secretary in administering the purchase option
extended to preferential leaseholders under subsection (d).
(2) Responsibilities of the state.--An outstanding
obligation described in paragraph (1)(B) shall inure to the
benefit of, and be binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a
sale to a preferential leaseholder under subsection (d) shall
be made subject to--
(A) oil, gas, and other mineral rights reserved of record,
as of the date of enactment of this Act, by or in favor of a
third party; and
(B) any permit, license, lease, right-of-use, or right-of-
way of record in, on, over, or across a feature referred to
in paragraph (1)(A) that is outstanding as to a third party
as of the date of enactment of this Act.
(4) Additional conditions of conveyance to state.--A
conveyance to the State under subsection (d)(5) or (e) shall
be subject to the reservations by the United States and the
conditions specified in section 1 of the Act of May 19, 1948
(chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for
the transfer of property to State agencies for wildlife
conservation purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Commission, acting as an agent
for the Secretary, the preferential lease parcel that is the
subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph (B), a
preferential leaseholder may elect to purchase a parcel on
one of the following terms:
(i) Cash purchase for the amount that is equal to--
(I) the value of the parcel determined under paragraph (4);
minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent of the value of
the parcel determined under paragraph (4) to be paid on the
date of purchase and the remainder to be paid over not more
than 30 years at 3 percent annual interest.
(B) Value under $10,000.--If the value of the parcel is
under $10,000, the purchase shall be made on a cash basis in
accordance with subparagraph (A)(i).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall have
until the date that is 5 years after enactment of this Act to
exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date specified in
subparagraph (A), a preferential leaseholder shall be
entitled to continue to lease from the Secretary the parcel
leased by the preferential leaseholder under the same terms
and conditions as under the lease, as in effect as of the
date of enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease parcel
shall be its fair market value for agricultural purposes
determined by an independent appraisal, exclusive of the
value of private improvements made by the leaseholders while
the land was federally owned before the date of the enactment
of this Act, in conformance with the Uniform Appraisal
Standards for Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair market
value of a property under subparagraph (A) shall be resolved
in accordance with section 2201.4 of title 43, Code of
Federal Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder fails to
purchase a parcel within the period specified in paragraph
(3)(A), the Secretary shall convey the parcel to the State of
South Dakota Department of Game, Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed under
subparagraph (A) shall be used by the South Dakota Department
of Game, Fish, and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the development
of the Pick-Sloan project.
[[Page S4881]]
(6) Use of proceeds.--Proceeds of sales of land under this
Act shall be deposited as miscellaneous funds in the Treasury
and such funds shall be made available, subject to
appropriations, to the State for the establishment of a trust
fund to pay the county taxes on the lands received by the
State Department of Game, Fish, and Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and
Unleased Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall convey to the
South Dakota Department of Game, Fish, and Parks the
nonpreferential lease parcels and unleased parcels of the
Blunt Reservoir and Pierre Canal.
(B) Wildlife habitat mitigation.--Land conveyed under
subparagraph (A) shall be used by the South Dakota Department
of Game, Fish, and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the development
of the Pick-Sloan project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--With the concurrence of the South Dakota
Department of Game, Fish, and Parks, the South Dakota
Commission of Schools and Public Lands may allow a person to
exchange land that the person owns elsewhere in the State for
a nonpreferential lease parcel or unleased parcel at Blunt
Reservoir or Pierre Canal, as the case may be.
(B) Priority.--The right to exchange nonpreferential lease
parcels or unleased parcels shall be granted in the following
order or priority:
(i) Exchanges with current lessees for nonpreferential
lease parcels.
(ii) Exchanges with adjoining and adjacent landowners for
unleased parcels and nonpreferential lease parcels not
exchanged by current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal Feature
under this paragraph, the United States reserves a perpetual
easement to the land to allow for the right to design,
construct, operate, maintain, repair, and replace a pipeline
or other water conveyance structure over, under, across, or
through the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this Act, the United States shall not be held
liable by any court for damages of any kind arising out of
any act, omission, or occurrence relating to the parcel,
except for damages for acts of negligence committed by the
United States or by an employee, agent, or contractor of the
United States, before the date of conveyance.
(2) No additional liability.--Nothing in this section adds
to any liability that the United States may have under
chapter 171 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance of the parcel, the Secretary shall continue to
lease each preferential lease parcel or nonpreferential lease
parcel to be conveyed under this section under the terms and
conditions applicable to the parcel on the date of enactment
of this Act.
(2) Provision of parcel descriptions.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall provide the State a full legal description of all
preferential lease parcels and nonpreferential lease parcels
that may be conveyed under this section.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this Act $750,000 to
reimburse the Secretary for expenses incurred in implementing
this Act, and such sums as are necessary to reimburse the
Commission for expenses incurred implementing this Act, not
to exceed 10 percent of the cost of each transaction
conducted under this Act.
Mr. REID. Mr. President, I wish to state how much I appreciate the
cooperation of the ranking member and the chairman of the Energy and
Natural Resources Committee. It took a few minutes to do this, but it
has taken weeks to get to this point. I express my appreciation to all
Senators involved. It was very hard to do.
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