[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.

                                
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