[House Report 105-300]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-300
_______________________________________________________________________


 
                  GRAZING AT GRAND TETON NATIONAL PARK

                                _______
                                

October 6, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 708]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 708) to require the Secretary of the Interior to conduct 
a study concerning grazing use of certain land within and 
adjacent to Grand Teton National Park, Wyoming, and to extend 
temporarily certain grazing privileges, having considered the 
same, report favorably thereon with amendments and recommend 
that the bill as amended do pass.
  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. FINDINGS.

  Congress finds that--
          (1) open space near Grand Teton National Park continues to 
        decline;
          (2) as the population continues to grow in Teton County, 
        Wyoming, undeveloped land near the Park becomes more scarce;
          (3) the loss of open space around Teton Park has negative 
        impacts on wildlife migration routes in the area and on 
        visitors to the Park, and its repercussions can be felt 
        throughout the entire region;
          (4) a few ranches make up Teton Valley's remaining open 
        space, and the ranches depend on grazing in Grand Teton 
        National Park for summer range to maintain operations;
          (5) the Act that created Grand Teton National Park allowed 
        several permittees to continue livestock grazing in the Park 
        for the life of a designated heir in the family;
          (6) some of the last remaining heirs have died, and as a 
        result the open space around the Park will most likely be 
        subdivided and developed;
          (7) in order to develop the best solution to protect open 
        space immediately adjacent to Grand Teton National Park, the 
        Park Service should conduct a study of open space in the 
        region; and
          (8) the study should develop workable solutions that are 
        fiscally responsible and acceptable to the National Park 
        Service, the public, local government, and landowners in the 
        area.

SEC. 2. STUDY OF GRAZING USE AND OPEN SPACE.

  (a) In General.--The Secretary of the Interior shall conduct a study 
concerning grazing use and open space in Grand Teton National Park, 
Wyoming, and associated use of certain agricultural and ranch lands 
within and adjacent to the Park, including--
          (1) base land having appurtenant grazing privileges within 
        Grand Teton National Park, Wyoming, remaining after January 1, 
        1990, under the Act entitled ``An Act to establish a new Grand 
        Teton National Park in the State of Wyoming, and for other 
        purposes'', approved September 14, 1950 (16 U.S.C. 406d-1 et 
        seq.); and
          (2) any ranch and agricultural land adjacent to the Park, the 
        use and disposition of which may affect accomplishment of the 
        purposes of the Act.
  (b) Purpose.--The study shall--
          (1) assess the significance of the ranching use and pastoral 
        character of the land (including open vistas, wildlife habitat, 
        and other public benefits);
          (2) assess the significance of that use and character to the 
        purposes for which the park was established and identify any 
        need for preservation of, and practicable means of, preserving 
        the land that is necessary to protect that use and character;
          (3) recommend a variety of economically feasible and viable 
        tools and techniques to retain the pastoral qualities of the 
        land; and
          (4) estimate the costs of implementing any recommendations 
        made for the preservation of the land.
  (c) Participation.--In conducting the study, the Secretary of the 
Interior shall seek participation from the Governor of the State of 
Wyoming, the Teton County Commissioners, the Secretary of Agriculture, 
affected land owners, and other interested members of the public.
  (d) Report.--Not later than 3 years from the date funding is 
available for the purposes of this Act, the Secretary of the Interior 
shall submit a report to Congress that contains the findings of the 
study under subsection (a) and makes recommendations to Congress 
regarding action that may be taken with respect to the land described 
in subsection (a).

SEC. 3. EXTENSION OF GRAZING PRIVILEGES.

  (a) In General.--Subject to subsection (b), the Secretary of the 
Interior shall reinstate and extend for the duration of the study 
described in section 2(a) and until such time as the recommendations of 
the study are implemented, the grazing privileges described in section 
2(a)(1), under the same terms and conditions as were in effect prior to 
the expiration of the privileges.
  (b) Effect of Change in Land Use.--If, during the period of the study 
or until such time as the recommendations of the study are implemented, 
any portion of the land described in section 2(a)(1) is disposed of in 
a manner that would result in the land no longer being used for 
ranching or other agricultural purposes, the Secretary of the Interior 
shall cancel the extension described in subsection (a).

  Amend the title so as to read:

    A bill to require the Secretary of the Interior to conduct 
a study concerning grazing use and open space within and 
adjacent to Grand Teton National Park, Wyoming, and to extend 
temporarily certain grazing privileges.

                          PURPOSE OF THE BILL

    The purpose of H.R. 708 is to require the Secretary of the 
Interior to conduct a study concerning grazing use of certain 
land within and adjacent to Grand Teton National Park, Wyoming, 
and to extend temporarily certain grazing privileges.

                  BACKGROUND AND NEED FOR LEGISLATION

    The 1950 enabling legislation for Grand Teton National Park 
continued existing grazing privileges in the park and required 
the Secretary of the Interior to renew grazing permits for the 
lifetime of the permittees and their heirs. There are several 
large ranches operating adjacent to Grand Teton National Park 
which have direct and indirect impacts to the park resources. 
Because many of the heirs to these grazing privileges have 
died, the continued viability and operation of the large 
ranches have come into question. This has led to concerns about 
escalating land values and subsequent impacts on the park and 
its neighbors. It also has focused concern on the economic 
feasibility of maintaining current land uses inside and outside 
of park boundaries. It has become critical that a study be 
conducted to address these concerns.
    Since the completion of the National Park Service's 1976 
``Jackson Hole Land Use Study,'' much of the land south of 
Grand Teton National Park has been developed or is subject to 
pressures for future development. In the almost twenty years 
since 1977, land prices have increased on an average of 600 
percent. The land value increase has combined with the 
diminishing availability of prime or choice land which has 
resulted in a change in the character and use of land. This has 
led to the loss and fragmentation of wildlife habitat along 
with compromising the viewshed of the Rocky Mountains and of 
Grand Teton National Park. The expiration of park grazing 
privileges held by ranches on the southern border of the park 
has presented the possibility that these lands will be 
developed, furthering the loss of wildlife habitat, the 
impairment of migration routes, and the degradation of scenic 
values. A study needs to be conducted that addresses these 
issues.

                            COMMITTEE ACTION

    H.R. 708 was introduced on February 12, 1997, by 
Congresswoman Barbara Cubin (R-WY). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On July 22, 
1997, the Subcommittee held a hearing on H.R. 708, where 
Congresswoman Cubin explained the need for the legislation. Mr. 
Denis Galvin, Acting Deputy Director for the National Park 
Service, testified in support of the bill with the addition of 
some minor amendments. On July 31, 1997, the Subcommittee met 
to mark up H.R. 708. An amendment in the nature of a substitute 
was offered by Subcommittee Chairman James Hansen (R-UT), which 
addressed the concerns of the Park Service. H.R. 708 as amended 
was ordered favorably reported to the Full Committee by voice 
vote. On September 10, 1997, the Full Resources Committee met 
to consider H.R. 708. An amendment which allowed the Park 
Service to implement the recommendations of the study in a more 
logical time frame was offered by Congresswoman Cubin, and 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 708.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 708. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
708 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. Enactment of H.R. 708 would increase receipts 
from grazing permits to the Federal Government by less than 
$10,000 a year, which the Secretary of the Interior may spend 
without appropriation. The Congressional Budget Office 
estimates the net effect on direct spending would be zero.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 708.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 708 
from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 12, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 708, a bill to 
require the Secretary of the Interior to conduct a study 
concerning grazing use and open space within and adjacent to 
Grant Teton National Park, Wyoming, and to extend temporarily 
certain grazing privileges.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                             James L. Blum,
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 708--A bill to require the Secretary of the Interior to conduct a 
        study concerning grazing use and open space within and adjacent 
        to Grand Teton National Park, Wyoming, and to extend 
        temporarily certain grazing privileges

    CBO estimates that enacting this bill would not have a 
significant impact on the federal budget. Because H.R. 708 
would affect direct spending and offsetting receipts, pay-as-
you-go procedures would apply; however, CBO estimates that such 
effects would net to zero. H.R. 708 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    H.R. 708 would require the Secretary of the Interior to 
conduct a study of grazing use and open space of certain land 
within and adjacent to Grand Teton National Park. The bill 
would require that the report be completed within three years 
from the date that funding is made available. Based on 
information from the National Park Service (NPS), CBO estimates 
the cost to conduct the study would total about $200,000, 
assuming appropriation of the estimated amounts.
    The bill also would require the Secretary to reinstate and 
extend for at least three and one-half years certain grazing 
permits managed by NPS within Grand Teton National Park. Under 
current law, NPS can spend those receipts without appropriation 
action. We estimate that federal receipts from such grazing 
permits would total less than $10,000 per year, and that the 
net effect on direct spending would be zero.
    The CBO staff contact for this estimate is Victoria V. 
Heid. This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 708 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 708 would make no changes in existing law.

                                
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