[Senate Report 104-198]
[From the U.S. Government Publishing Office]
Calendar No. 302
104th Congress Report
SENATE
1st Session 104-198
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GRAND LAKE CEMETERY
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December 22, 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 509]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 509) to authorize the Secretary of the
Interior to enter into an appropriate form of agreement with
the town of Grand Lake, Colorado, authorizing the town to
maintain permanently a cemetery in the Rocky Mountain National
Park, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
purpose of the measure
The purpose of S. 509 is to authorize an agreement between
the Secretary of the Interior and the Town of Grand Lake,
Colorado, to authorize the town to maintain permanently a
cemetery in Rocky Mountain National Park.
background and need
When Rocky Mountain National Park was established in 1915,
certain lands were withdrawn from the Arapaho National Forest.
Included with these lands now within the park boundary is Grand
Lake Cemetery. This cemetery has been in use since 1892. In
1905, a Homestead application was submitted to the General Land
Office for a tract of land that included the cemetery but the
application was canceled in 1913 and never acted upon.
There is no statutory authority conferring an explicit
authorization for the cemetery's continued use and existence.
Implied use has evolved from the date of the park's
establishment to the present. The Bureau of Reclamation
transferred twelve graves to the Grand Lake Cemetery as part of
the Colorado-Big Thompson trans-mountain water diversion
project in 1944 and the park has acknowledged this use through
a series of agreements and special use permits over the years.
However, a strict interpretation of National Park Service
guidelines on special park uses states that a special use
permit must not be granted unless the authority for allowing
the action can be cited.
The residents of Grand Lake maintain strong emotional and
personal attachments to the cemetery and are concerned about
its continued existence. The community has expressed a
willingness to assume responsibility for permanent management
of the cemetery. The current permit is due to expire in 1996.
All parties have agreed that a more permanent solution is
necessary in order to meet park resource preservation
requirements and community needs. The provisions in S. 509
represent the work of the National Park Service and Grand Lake
representatives to permanently resolve the issue.
If enacted, S. 509 would direct the Secretary of the
Interior to enter into an agreement with the town of Grand Lake
authorizing the town to maintain the cemetery on a permanent
basis. It also establishes the boundaries of the cemetery,
which will be slightly expanded to encompass a total of
approximately 5 acres. Title to the cemetery will not be
conveyed to the town of Grand Lake, but will remain with the
National Park Service.
legislative history
S. 509 was introduced by Senators Campbell and Brown on
March 2, 1995. The Subcommittee on Parks, Historic
Preservation, and Recreation held a hearing on S. 509 on
November 9, 1995.
At the business meeting on December 6, 1995, the Committee
on Energy and Natural Resources ordered S. 509 favorably
reported.
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on December 6, 1995, by a unanimous voice vote
of a quorum present, recommends that the Senate pass S. 509
without amendment.
summary of s. 509
Subsection 1(a) directs the Secretary of the Interior (the
``Secretary''), within 6 months of enactment of this Act, to
enter into an agreement with the town of Grand Lake to
authorize the town to maintain permanently a cemetery within
the boundary of Rocky Mountain National Park.
Subsection (b) states that the cemetery shall be
approximately 5 acres in size and provides a map reference.
Subsection (c) directs the Secretary to make the map
available for public inspection.
Subsection (d) states that the cemetery shall not be
extended beyond the boundaries shown on the map described in
subsection (b).
cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 12, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 509, a bill to authorize the Secretary of the
Interior to enter into an appropriate form of agreement with
the town of Grand Lake, Colorado, authorizing the town to
maintain permanently a cemetery in the Rocky Mountain National
Park. S. 509 was ordered reported by the Senate Committee on
Energy and Natural Resources on December 6, 1995. CBO estimates
that implementing the bill would have no significant impact on
the budgets of federal, state, or local agencies. Enacting S.
509 would not affect direct spending or receipts; therefore,
pay-as-you-go procedures would not apply.
S. 509 would direct the Secretary of the Interior to
execute (within six months of the bill's enactment) an
agreement authorizing the town of Grand Lake, Colorado to
maintain permanently a five-acre cemetery within the boundaries
of Rocky Mountain National Park.
At present, the Grand Lake Cemetery is operated and
maintained by the town under a special use permit issued by the
National Park Service (NPS), which is scheduled to expire in
1996. Once an agreement is executed pursuant to S. 509, Grand
Lake would continue to maintain the cemetery and would also
assume responsibility for maintenance of certain roads within
the site, an activity that currently costs the NPS less than
$5,000 annually.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah S.
Reis.
Sincerely,
June E. O'Neill, Director.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 509. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 509, as ordered reported.
executive communications
The Committee on Energy and Natural Resources has requested
legislative reports from the Department of the Interior and the
Office of Management and Budget setting forth Executive agency
recommendations on S. 509. These reports had not been received
at the time of the report on S. 509 was filed. When these
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the Department of the
Interior at the November 9, 1995 hearing follows:
Testimony of Denis P. Galvin, Associate Director for Professional
Service, National Park Service, Department of the Interior
Mr. Chairman, it is a pleasure to be here today to discuss
several bills that will benefit Rocky Mountain National Park
and Walnut Canyon National Monument. I also am pleased to be
here to testify on a bill that would create the New Bedford
Whaling National Historical Park in New Bedford, Massachusetts.
The Administration supports S. 364, S. 509, S231, H.R. 562,
and S. 608. Although we believe that S. 342 may have merit, we
prefer this legislation be deferred until further study has
been completed.
I will address each bill separately beginning with the
three bills affecting Rocky Mountain National Park.
* * * * *
s. 509, rocky mountain national park grand lake cemetery act
The National Park Service strongly supports this bill. This
bill would address a need that Rocky Mountain National Park and
citizens of Grand Lake, Colorado, have been working on for more
than forty years. During the last two years, officials of the
NPS and Grand Lake and local citizens have negotiated in good
faith to resolve this issue and all parties are supporting S.
509.
This bill would allow the National Park Service to enter
into an agreement with the Town of Grand Lake to authorize the
continued use of an existing cemetery that is located within
the boundary of the park, on lands zoned by Grand County for
such use.
The Grand Lake cemetery has been in existence since 1892.
It predates the establishment of Rock Mountain National Park in
1915. The current cemetery contains 4.24 acres, and its
continued use has been authorized by Special Use Permit. The
current Special Use Permit will expire in 1996. In order to
avoid future uncertainty and time-consuming negotiations, park
staff and local officials are anxious to achieve a permanent
solution to this matter.
A draft agreement between the NPS and local officials would
stipulate that the maximum size of the cemetery will be
approximately 5 acres. The park will agree to allow the
cemetery to expand slightly within the existing loop road in
return for less land available for burials outside the road.
The permit also would contain provisions that would be
designed to protect natural resources and the visitor
experience within the park, and will transfer the
responsibility for on-going maintenance of the cemetery and the
access road to the Town of Grand Lake. The land will continue
to be the property of the United States, and the agreement will
only grant the authorization for cemetery use and access.
Benefits to Rocky Mountain National Park include reduced
maintenance costs, final resolution to this sensitive issue,
continued cooperation and goodwill with the community of Grand
Lake, and recognition of the cemetery's historic and emotional
significance to area residents.
The primary benefits to the Town of Grand Lake include a
certain future for the cemetery, a substantial cost saving for
land, and final resolution of a vexing concern.
The agreement also would require the Town of Grand Lake to
acquire a second cemetery outside the boundaries of Rocky
Mountain National Park within ten years to preclude enlargement
of the existing cemetery beyond the boundaries of the
agreement. The establishment of a second cemetery will protect
the resources of Rocky Mountain National Park.
* * * * *
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act S. 509, as ordered
reported.