[Senate Report 105-64]
[From the U.S. Government Publishing Office]
Calendar No. 146
105th Congress Report
SENATE
1st Session 105-64
_______________________________________________________________________
GRAND TETON NATIONAL PARK GRAZING STUDY
_______
September 2, 1997.--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. 308]
The Committee on Energy and Natural Resources, to whom was
referred the bill (S. 308) 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, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
The amendments are as follows:
1. 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 Grand Teton National 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 of the possible termination of ranching, the open space
around the park may 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
National Park Service should conduct a study of grazing in the
area and its impact on 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 (hereinafter
referred to as the ``Secretary''), shall conduct a study concerning
grazing use and open space in Grand Teton National Park, Wyoming
(hereinafter referred to as the ``park''), and associated use of
certain agricultural and ranch lands within and adjacent to the park,
including--
(1) base land having appurtenant grazing privileges within
the park, remaining after January 1, 1990, under the Act
entitled ``An Act to establish a new Grand Teton National Park
inthe 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 park's enabling Act.
(b) Purpose.--The study shall--
(1) assess the significance of the ranching use and pastoral
character (including open vistas, wildlife habitat, and other
public benefits) of the land;
(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;
and
(3) recommend a variety of economically feasible and viable
tools and techniques to retain the pastoral qualities of the
area, and estimate the costs of implementing any
recommendations made for the preservation of the land.
(c) Participation.--In conducting the study, the Secretary shall
consult with the Governor of the State of Wyoming, the Teton County
Commissioners, the Secretary of Agriculture, affected landowners, and
other interested members of the public.
(d) Report.--Not later than 3 years from the date funding is made
available, the Secretary 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 shall
reinstate and extend for the duration of the study described in section
2(a) and until such time as 6 months after the recommendations of the
study are submitted, 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 6 months after the recommendations of the study are
submitted, 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 shall
cancel the extension described in subsection (a).
2. 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 of certain land within and adjacent to Grand
Teton National Park, Wyoming, and to extend temporarily certain
grazing privileges.''
purpose of the measure
The purpose of S. 308 is to initiate a study to seek the
best land management options over certain Federal lands within
Grand Teton National Park and certain private lands, currently
used for ranching activities.
background and need
The 1950 Act authorizing the establishment of Grand Teton
National Park allowed the continuation of grazing privileges
within the boundaries of the new park to ranchers with lands
adjacent to the park. This arrangement extended to the then-
current owners of each ranch for at least 25 years and through
the lifetime of their designated heir, successor or assign.
Early range managers at the park determined that managing
cattle in concentrated areas with irrigated grass was less
destructive to park resources than free ranging cattle
throughout the park. Accordingly, 14,000 acres of park land
were set aside for grazing. These lands were fenced and
irrigated for the benefit of the permit holders. These permit
holders paid grazing fees at the required rate per animal
management unit (AMU).
The permit holders were local ranchers who required
additional summer range within the park to sustain their herds
which wintered on private ranch land. Ranching practices in
Jackson Hole at the time involved using winter range outside
the park to grow hay in the summer for winter feeding, while
cattle were moved to alternative range within the park in the
summer.
As development grew around the ranches at the south end of
the park, one rancher sold to developers who constructed
residential subdivisions. Over the years, real estate prices in
Jackson Hole escalated explosively. The lands adjacent to the
park currently used for ranching have extremely high value for
subdivision or resort development. Many believe that economic
failure of these ranches would result in their sale for
development, would destroy scenic visits, wildlife habitat and
migratory routes and impair the natural character of the area.
There are many in the Jackson area who believe that the
historical western cattle ranching atmosphere of the area is an
additional reserve worth protecting. An ``economic summit''
recently held by local Jackson business leaders ranked the
preservation of community character the number one priority for
economic sustainability in Jackson Hole.
In August 1994, one of the designated heirs died. Under
terms of the 1950 law, the grazing permit within the park would
be terminated. However, the remaining relatives of the
ranchowner wished to continue ranching and to continue relying
on park permits for summer range.
Without the grazing permit, the remaining family members
would have to sell the ranch. Selling the ranch raised the
prospect of massive subdivision development on what is now
open-space along the park's southern boundary.
The family requested an extension of their previously-held
grazing privileges to avoid having to sell the ranch. In return
they committed to actively exploring options to preserve their
ranchlands, including giving scenic easement to the Jackson
Hole Land Trust, seeking a conservation buyer and other
options.
In addition to the above-mentioned ranch, there are other
ranching operations in the Jackson Hole that have a stake in
this study and who utilize grazing permits within the park.
Some of these family-held ranches come under the provisions of
the one-heir rule in the 1950 Act and at least two do not,
grazing cattle under permit in the eastern part of the park
during the summer season.
In order to protect these resources, the interrelationship
of grazing on Federal lands, the viability of ranching, the
maintenance of open-space for wildlife habitat and scenic
values need to be investigated and understood.
S. 308 directs the Secretary of the Interior to study the
connection between the culture ofranching, the economic
dependence of grazing on park land, the benefits of maintaining large
tracts of open space as well as any impacts on resources within Grand
Teton National Park.
This legislation would also extend authorization for
grazing privileges within the park to existing ranchers for the
life of the three-year study. At the end of the study, the
Secretary of the Interior is directed to submit to Congress the
results of the study and recommendations for management of the
lands involved.
legislative history
S. 308 was introduced by Senator Thomas and Senator Enzi on
February 12, 1997 and was referred to the Committee on Energy
and Natural Resources. The Committee on Energy and Natural
Resources held a hearing on the bill on June 26, 1997.
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on July 30, 1997, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 308 with an
amendment.
The rollcall vote on reporting the measure was 20 years, 0
nays, as follows:
Yeas Nays
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns*
Mr. Bumpers
Mr. Ford
Mr. Bingaman*
Mr. Akaka
Mr. Dorgan
Mr. Graham
Mr. Wyden
Mr. Johnson
Ms. Landrieu*
*Indicates voted by proxy.
committee amendment
During consideration of S. 308, the Committee adopted an
amendment in the nature of a substitute, which made several
technical and conforming changes to S. 308. The amendment also
added a provision to section 2(d) that initiates the three year
reporting requirement by the Secretary of the Interior to
Congress only after funding is made available for the study.
The amendment added a provision to section 3, which added a
six-month time period to both the reinstatement and extension
of grazing privileges beyond the three-year study period; and
providing an additional six months to the period during which,
the disposal of any of the included grazing lands to uses out
of grazing or other agricultural purposes, would result in
cancellation of the extension.
section-by-section analysis
Section (1) contains Congressional findings.
Section 2(a) directs the Secretary of the Interior (the
Secretary) to conduct a study concerning grazing and associated
agricultural uses at Grand Teton National Park on lands within
the park which are subject to park grazing permits and on
ranchlands adjacent to the park which utilize park grazing
permits. The study will concern ranches that maintained a
grazing relationship with the park under the terms of the 1950
Tetons Enabling Act, as of January 1, 1990.
Subsection (b) states that the study shall determine the
significance of ranching use and pastoral character of the
lands; determine the relationship of that use with the purposes
for which Grand Teton was established; identify any need to
preserve and any practicable means of preserving that use and
character; and estimate the costs of implementing the study.
Subsection (c) directs the Secretary to prepare the study
in consultation with the State of Wyoming, Teton County, the
Secretary of Agriculture, affected land-owners and interested
members of the public.
Subsection (d) states that the Secretary is to report the
findings and recommendations of the study to Congress not later
than three years after funding is made available for the study.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 308--A bill to require the Secretary of the Interior to conduct a
study concerning grazing use and open space of certain land
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 S. 308 would
affect direct spending and offsetting receipts, pay-as-you-go
procedures would apply; however, CBO estimates that such
effects would net to zero. S. 308 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.
S. 308 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.
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. 308. 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. 308, as ordered reported.
executive communications
On August 1, 1997, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 308. These reports
had not been received at the time the report on S. 308 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 of the Department of
the Interior at the Subcommittee hearing follows:
Statement by Michael Soukup, Associate Director for Natural Resource
Stewardship and Science, National Park Service, Department of the
Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you to address S. 308, a bill
requiring the Secretary of the Interior to conduct a study of
grazing use of land within and adjacent to Grand Teton National
Park in Wyoming. We recommend enactment of this legislation if
amended to address our concerns as outlined below.
If enacted, S. 308 would authorize a study which would
determine the significance of the ranching use of pastoral
character of lands within and adjacent to Grand Teton National
Park. The study would identify any need for preserving the
character of these lands, make recommendations on practicable
means of preserving them, and provide cost estimates for
implementing any of the preservation alternatives. The bill
also calls for a temporary extension of grazing privileges that
were in effect through January 1, 1990, under the provisions of
the park's enabling legislation for the duration of the study.
We commend the Wyoming delegation for their interest in
this issue, and appreciate the efforts they have made on behalf
of Grand Teton National Park. Since 1977, the price of land
adjacent to Grand Teton National Park and in the Jackson Hole
area has increased an average of 600%. Owners of large tracts
of land, such as ranchers, have been tempted to sell their land
for subdivision. The subdivision of large tracts of land has
reduced the amount of open space in the valley and has resulted
in the loss of wildlife habitat and the fragmentation of
migration routes. It also compromises some of the most dramatic
and unforgettable views of the Rocky Mountains and one of Grand
Teton National Park's most spectacular resources--the views
from the south entrance of the park. As a result of these
changes we have seen an increasing vulnerability of ranching
operations to land price increases. The bill before us today
was introduced as a way to respond to these changes.
To assure a comprehensive review of the changes facing this
area, we recommend three amendments to the bill. Our first
amendment concerns the scope of the study. While we agree with
the intent of the legislation, we recommend that the scope and
purpose of the study be expanded beyond grazing. Broadening the
scope of the study will allow the study team to evaluate the
economic relationships to a variety of activities associated
with open space, including, but not limited to, recreation and
grazing. We need to understand the relationships of various
options of open space preservation and their economics in order
to be prepared to respond to changing conditions over time.
Looking at a single solution puts us at risk of ignoring others
and making recommendations based on a short-term perspective.
The National Park Service has participated in informal
discussions between ranchers and community leaders on the
subject of grazing and open space for the past two and one-half
years. All the groups and individuals who have participated in
these informal discussions thus far understand and recognize
the larger problem and are committed to finding a solution. All
agree that the final recommendations must incorporate the
following conditions:
1. protecting the pastoral, scenic and environmental
qualities of the area;
2. providing the tools and techniques to make this
protection possible;
3. meeting the needs of the community as a whole; and
4. being economically feasible and viable.
We would be glad to work with the committee on appropriate
language to broaden the scope of the study.
We propose a second amendment to expand the list of groups
that participate in the study. We recommend drawing on the
expertise of national and regional experts in the fields of
open space and agricultural economics, regional history and
regional planning, in addition to the federal, state and local
representatives identified in the legislation.
Our final amendment addresses the duration of the grazing
privileges. We recommend that the terms and conditions of the
grazing privileges coincide not only with the completion and
transmittal of recommendations to the Congress but also with
sufficient time to enact recommendations if appropriate. This
provision would allow grazing to continue until a solution is
developed and implemented, at which time the grazing privileges
would expire and would be replaced by the recommendations
adopted from the study.
We believe that it will take approximately three years from
the date funds are appropriated to complete and transmit the
study to Congress. We estimate the cost of the study to be
approximately $200,000.
We welcome the opportunity to work with the committee and
the Wyoming delegation in making the appropriate changes in
order to create a study that will determine the most beneficial
and acceptable strategy for protecting park and resource values
while acknowledging and accommodating local community values
and economic realities of the 21st century. That concludes my
remarks, Mr. Chairman and members of the committee. I would be
happy to respond to any questions that you may have.
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 S. 308, as ordered
reported.