[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[House]
[Pages 13484-13487]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1245
              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.

[[Page 13485]]



     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 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.
  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

[[Page 13486]]

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.
  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.

                              {time}  1300

  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.

[[Page 13487]]

  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.

                          ____________________