[Congressional Record Volume 149, Number 80 (Tuesday, June 3, 2003)]
[House]
[Pages H4804-H4806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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GRAND TETON NATIONAL PARK LAND EXCHANGE ACT
Mrs. CUBIN. Mr. Speaker, I move to suspend the rules and pass the
Senate 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.
The Clerk read 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 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 SPEAKER pro tempore (Mr. Culberson). Pursuant to the rule, the
gentlewoman from Wyoming (Mrs. Cubin) and the gentlewoman from the
Virgin Islands (Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentlewoman from Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I yield myself such time as I may consume. I
rise today to support a bill that is of great interest to the State of
Wyoming and to many, many environmental groups across the country. It
is not often that I can stand here and agree with the positions of most
of the environmental groups that we deal with on a daily basis, but
this Grand Teton National Park Land Exchange Act is one such
environmental issue that I think everyone should support if they are in
fact interested in maintaining the integrity of Grand Teton National
Park.
One of the worst things that I can think of happening to Grand Teton
National Park is to have an ultra-, ultra-wealthy person build
themselves a mansion or a symbol of their wealth at the base of the
Grand Tetons and destroy that beautiful open space and land that we
fight so hard to protect and to fund every year. The Grand Teton
National Park Land Exchange Act was introduced by Senator Thomas and
cosponsored by Senator Enzi and is supported by all five elected
Wyoming State officials, the National Park Service, the local
communities, and all of the environmental organizations that I am aware
of. The measure passed the Senate on April 3, 2003, under unanimous
consent.
This bill presents a unique opportunity with regard to Federal land
management in our national parks that would greatly benefit the
American people, as well as Wyoming school
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children. The Grand Teton National Park was established by Congress on
February 29, 1929, to protect the natural resources of the Teton range
and Jackson's unique beauty. On March 15, 1943, President Franklin
Delano Roosevelt established Jackson Hole National Monument adjacent to
the park. Grand Teton National Park was then expanded to its present
size by Congress on September 14, 1950, to include a portion of the
land from the Jackson Hole National Monument.
The park currently encompasses approximately 310,000 acres of
wilderness and some of the most amazing scenery to be found in any
corner of the world. I would put the Jackson Teton National Park area
in competition with any area in the world for its beauty and for its
glory to nature. However, when Wyoming received its statehood in 1890,
sections of the land were set aside for school revenue purposes. All
income from these lands, whether it is rents, grazing fees, sales, or
other sources is placed in a special trust fund for the benefit of
school students in the State.
The establishment of these school sections predates the establishment
of most national parks or monuments within our State's boundaries,
creating several State inholdings within Federal land masses, such as
the Grand Teton National Park. Currently, over 1,406 acres in State
surface and mineral acres are held by the State of Wyoming in isolated
plots within the Grand Teton National Park. This land ownership
situation creates problems not only for the potential of very wealthy
people building a shrine to themselves in the middle of the free open
space in Grand Teton National Park, but it also puts the State of
Wyoming, in order to meets its educational needs, in a situation where
it may be forced to try to sell the land to private entities so that
that land could be developed into housing developments or whatever.
This legislation would stop any future attempts to do that.
The legislation would allow the State of Wyoming to trade or sell
these precious State lands locked up inside the park to the Federal
Government in exchange for other Federal lands, minerals, or
appropriated dollars, or a combination of all three, to address
Wyoming's public school needs. Further, the American public can
consolidate under the National Park Service management the lands within
the Grand Teton National Park's borders and protect them from future
development pressures placed upon the State for the benefit of our
school children.
This is a win-win scenario for everyone involved. Within 90 days
after this bill is signed into law, the land would be valued through
agreement by the Wyoming Governor and the Secretary of the Interior. If
there is no agreement, an appraisal process will be set up to determine
the value of the lands or minerals in question to ensure fairness to
all parties. There will also be an appeals process to further ensure
fairness to all parties. Within 180 days after the land value is
determined, the Interior Secretary, in consultation with the Governor,
will determine an exchange of Federal assets for equal value of the
State lands.
This body has an incredible opportunity to allow the consolidation of
lands within Teton National Park and to allow the State of Wyoming to
capture fair market value for the benefit of all Wyoming school
children. I respectfully request that the Members of this body vote in
favor of this bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, with 12 peaks soaring to more than
12,000 feet, 17 species of carnivores, more than 100 lakes, the
headquarters of the Columbia River System, and more than 190 inches of
annual snowfall, it would be difficult to find a place more beautiful
or rugged than the Grand Teton National Park. Senators Thomas and Enzi,
as well as the gentlewoman from Wyoming (Mrs. Cubin), are justifiably
proud of the beauty of their home State and this national park.
If enacted, S. 273 would help accomplish one of the National Park
Service's most important goals, that is, to consolidate the ownership
patterns within existing national park units. In this case, this
legislation would hopefully expedite Federal acquisition of
approximately 1,400 acres of state-owned lands within the park
boundary. Such an acquisition represents a significant portion of the
more than 2,400 acres of inholdings within Grand Teton National Park.
Mr. Speaker, we are willing to support this bill once the leadership
allows H.R. 2286 to be brought to the floor.
Mr. Speaker, I reserve the balance of my time.
Mrs. CUBIN. Mr. Speaker, I continue to reserve the balance of my
time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as he may consume to
the gentleman from California (Mr. George Miller).
Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentlewoman
for yielding me this time.
This is an important bill. These lands that were given to the State
of Wyoming by the Federal Government were for the purposes of educating
their children. It was an effort by the Federal Government to try to
put resources into their hands so that the resources would be there for
the State to provide for that education. That is what we do with the
child tax credit; we try to put resources into the hands of parents so
that they will have the money to provide for the health and welfare of
their children and for the expenses of holding their families together
in difficult economic times, recognizing that we want our children
properly cared for. That is what the State of Wyoming has done with
these State lands. That is what the Federal Government did when it
transferred the lands to the State of Wyoming; and it is for a very,
very good purpose.
Now we have the opportunity to transfer those lands to keep them out
of other development within the boundaries of the national park to make
sure the park can be consistent in its mission. It is one of the great
parks in the world. It is one of the great ecosystems in the world with
its diversity and with its habitat that it protects and provides for.
That possibly is now under threat from development from what the
gentlewoman from Wyoming described as the ultra-, ultra-wealthy who
might build homes there.
It sounds a little like class warfare. I do not think that is what is
going on here, but since we opened up the subject of the classes here
in the discussion of this bill, I want to raise the prospects of those
individuals. Because not only is this a great national park in terms of
its environment and ecosystems and its beauty and its importance in
terms of the protections of surrounding areas and watersheds, it is
also a huge economic engine. Because of its beauty, because of its
importance, it drives millions of people from all over the world to
come and visit the Tetons and come and visit Jackson and to experience
the bounty of this country.
To service those people, we have people working in the service
industry. They work for the concessionaires and the parks; they work
for the restaurants and the hotels and the tourism industry. They work
as guides for fishermen, they work as guides for people who want to
hike the Tetons, they run climbing schools. At the end of the year,
they do not make very much money, but they have families. They have
children. And today they get a child tax credit if they have children.
They file it like everyone else. And in the tax bill 2 weeks ago, we
increased that tax credit for Americans, families with children, an
additional $400.
Point of Order
Mrs. CUBIN. Mr. Speaker, I make the point of order that the gentleman
is focusing on the merits of other legislation that is not in front of
us today.
Mr. GEORGE MILLER of California. The gentleman from California would
say to the Chair that I am focusing on the employees of the Grand Teton
National Park, which is the subject matter of this legislation. And the
reason these lands are being given is to try to maintain the integrity
of that park which provides so many economic benefits to the State of
Wyoming and to our country through international tourism. And the
welfare of those workers ought to be of as much concern to us as the
integrity of the land base.
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The SPEAKER pro tempore. The gentleman will suspend.
The Chair will remind all Members and the gentleman being recognized
that it is essential that he maintain a constant nexus between the
legislation before the House; and that the remarks of the gentleman
should be confined to the matter before the House, which relates to the
acquisition of 1,406 acres of property to be added to the Grand Teton
National Park.
Mr. GEORGE MILLER of California. Granted. If it is required by the
Chair, I would be glad to put a map down on the table and talk about
this in terms of the map of the Grand Teton National Park.
This is about a nexus. This is about whether or not people are going
to be able to afford to take those jobs in that park that tourism
generates, a very, very important part of the western economy in this
country, a part of our economy that is in serious trouble.
There is a story today in the newspapers, I do not know if it is in
The New York Times or the L.A. Times, that the national parks are
suffering; that tourism is not only down from 9-11, it was down before
9-11. So what are the national parks trying to do? What are the
concessionaires trying to do? What are the people who are on the
perimeter of the park who run the hotels, run the lodging systems, the
guide systems trying to do? They are trying to increase service to
attract Americans and international visitors back to the national
parks. But if their employees cannot sustain themselves with the jobs
that are offered, then it is not going to work.
One of the things we do to help these people who are working in these
jobs where the wages are not very good is we provide a child tax credit
for those people who are working and have families. But somehow last
week the Republican leadership decided that that tax credit would not
go to the employees of the Grand Teton National Park, the subject
matter which we are talking about.
Point of Order
Mrs. CUBIN. Mr. Speaker, I would like to point out that the gentleman
is not speaking to the bill in front of us, but referring to the merits
of another bill. But I would also like to say that he is doing a very
good job of it.
The SPEAKER pro tempore. The Chair sees that the gentleman does
appreciate the need to maintain a nexus to the pending legislation.
Mr. GEORGE MILLER of California. I am working hard, Mr. Speaker.
The SPEAKER pro tempore. However, the Chair would remind the
gentleman that under the rules the gentleman may not dwell on the
merits of other legislation, but must focus and direct his remarks to
the legislation before the House.
Mr. GEORGE MILLER of California. I thank the Chair for the
admonition, and I take it seriously.
I have counted my words and I have talked about the Grand Teton
National Park and the State land transfer and the employees of the
park, I think on a ratio of about 12 to 1 to the tax credit, which
those employees will be denied, as will some 34,000 other children in
Wyoming who will not be eligible for the tax credit because of the
actions of the Republicans.
But my ratio of nexus to this bill far exceeds my discussion of the
tax bill. I have been doing this for many years. And because we do not
have an opportunity, and we did not have an opportunity, to discuss a
substitute to the tax bill, we have to find ourselves in a situation
where we have to talk about it on other matters as they are presented
to the House, always closely keeping the nexus between the matter at
hand and the subject matter that is far more important to the American
people, and especially for those families with those 12 million
children who will not get the tax credits this summer because
Republicans simply decided that low-income hard-working American
families were not entitled to it.
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Mrs. CUBIN. Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
Mrs. CUBIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I ask all Members who are in favor of this bill to vote
in favor of this bill. That is the democratic way; that is the method
that we have set up to have government that is dependable, that we can
base our future on.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentlewoman from Wyoming (Mrs. Cubin) that the
House suspend the rules and pass the Senate bill, S. 273.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mrs. CUBIN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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