[Senate Report 106-262]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 492
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-262

======================================================================



 
               CASTLE ROCK RANCH ACQUISITION ACT OF 1999

                                _______
                                

                 April 12, 2000.--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. 1705]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1705) to direct the Secretary of the 
Interior to enter into land exchanges to acquire from the 
private owner and to convey to the State of Idaho approximately 
1,240 acres of land near the City of Rocks National Reserve, 
Idaho, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                         purpose of the measure

    The purpose of S. 1705 is to direct the Secretary of the 
Interior to acquire approximately 1,240 acres of land, known as 
the ``Castle Rock Ranch'' located outside of the City of Rocks 
National Reserve in Idaho, and to convey the ranch to the State 
of Idaho in exchange for approximately 500 acres within 
Hagerman Fossil Beds National Monument. The State of Idaho will 
convey portions of the ranch to private owners in exchange for 
inholdings within the Reserve.

                          background and need

    City of Rocks National Reserve (the ``Reserve''), in the 
State of Idaho, was established by Public Law 100-696 in 
November, 1988. Most of the Reserve is under the jurisdiction 
of the National Park Service, with other lands under the 
jurisdiction of the State of Idaho, the Forest Service, the 
Bureau of Land Management, and private landowners. The Reserve 
is managed cooperatively by the National Park Service and the 
State of Idaho Department of Parks and Recreation. The 
Reserve's unique geologic features are internationally known 
and contain handwritten names and messages from early wagon 
train pioneers who moved through the area on their way west. In 
more recent times the Reserve has become a mecca for rock 
climbers.
    The 1,240-acre Castle Rock Ranch is located nearby and 
includes rock formations similar to those found within the 
Reserve, as well as irrigated pasture land. The ranch has 
recently been purchased by the Conservation Fund. The State of 
Idaho is interested in acquiring the property to be used for a 
State park.
    A related issue concerns the State of Idaho's ownership of 
important fossil beds within nearby Hagerman Fossil Beds 
National Monument. The State of Idaho would like to divest its 
ownership of those fossil beds and the National Park Service is 
interested in acquiring them.
    The land acquisition and exchanges authorized in S. 1705 
will address land ownership issues involving the National Park 
Service, the State of Idaho, and private landowners. The bill 
would authorize the National Park Service to acquire the Castle 
Rock Ranch. The Park Service would then exchange the Ranch to 
the State of Idaho in return for the fossil beds at Hagerman 
Fossil Beds National Monument, thereby consolidating the Park 
Service's holdings at that park. In addition, the exchange 
would mandate that the State, having acquired the Castle Rock 
Ranch for a State Park, would exchange with voluntary inholders 
their non-irrigated property within the Reserve for irrigated 
lands on the Ranch.
    The measure also addresses an easement on Hagerman Fossil 
Beds which allows a local irrigation company to provide water 
for farmers in the area. The measure includes language to 
ensure that the easement would be allowed to continue.

                          Legislative History

    S. 1705 was introduced by Senators Craig and Crapo on 
October 7, 1999. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 1705 on March 
8, 2000.
    At its business meeting on April 5, 2000, the Committee on 
Energy and Natural Resources ordered S. 1705 favorably 
reported, without amendment.

                        Committee recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on April 5, 2000, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1705 as described herein.

                      section-by-section analysis

    Section 1 designates the bill's short title as the ``Castle 
Rock Ranch Acquisition Act of 1999''.
    Section 2 defines the term ``Monument'' as Hagerman Fossil 
Beds National Monument; the term ``Ranch'' as the land 
comprising approximately 1,240 acres situated outside the 
boundary of the Reserve, known as the ``Castle Rock Ranch''; 
the term ``Reserve'' as the City of Rocks National Reserve; and 
the term ``Secretary'' as the Secretary of the Interior.
    Section 3(a) directs the Secretary to acquire the Ranch by 
donation or by purchase with donated or appropriated funds.
    Subsection (b) directs that the Secretary shall acquire the 
Ranch only with the consent of the owner.
    Section 4(a)(1) directs the Secretary upon completion of 
acquisition ofthe Castle Rock Ranch, to convey the Ranch to the 
State of Idaho for approximately 492.87 acres of land located within 
the boundary of Hagerman Fossil Beds National Monument, subject to 
subsection (b).
    Paragraph 2 allows the State of Idaho, upon acquiring the 
Castle Rock Ranch through the exchange provided for in 
paragraph 1, to exchange portions of the Ranch for private land 
located within the Reserve, with the consent of the landowners.
    Subsection (b) directs that the State of Idaho shall 
administer all private land acquired within the Reserve under 
this measure in accordance with Title II of the Arizona-Idaho 
Conservation Act of 1988, the enabling legislation for the 
Reserve.
    Subsection (c) directs that state land acquired by the 
United States within Hagerman Fossil Beds National Monument 
shall be administered by the Secretary of the Interior as part 
of the National Monument.
    Subsection (d) clarifies that acquisition of the Castle 
Rock Ranch by a Federal or State agency shall not constitute 
any expansion of the Reserve.
    Subsection (e) provides that this Act will have on effect 
on any easement in existence on the date of enactment.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 11, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1705, the Castle 
Rock Ranch Acquisition Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1705--Castle Rock Ranch Acquisition Act of 1999

    S. 1705 would authorize the National Park Service (NPS) to 
acquire by donation or purchase the Castle Rock Ranch in Idaho. 
Once acquired, the ranch would be conveyed to the state of 
Idaho in exchange for about 490 acres of land located within 
the boundary of the Hagerman National Monument.
    Based on information provided by the NPS, CBO estimates 
that it would cost less than $1 million to acquire Castle Rock 
Ranch. We further estimate that additional costs to execute the 
exchange of lands with Idaho and to manage the newly acquired 
acreage would not be significant. S. 1705 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    S. 1705 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no significant costs on state, local, or tribal 
governments. Acquiring the Castle Rock Ranch from the federal 
government and participating in subsequent exchanges with 
private owners of land within City of Rocks National Reserve 
would be voluntary on the part of the state of Idaho.
    The CBO contact is Deborah Reis. This estimate was approved 
by Peter H. Fontaine, 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. 1705. 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. 1705.

                        executive communications

    The legislative report received by the Committee from the 
Department of the Interior setting forth Executive agency 
recommendation relating to S. 1705, is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                    Washington, DC, March 20, 2000.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: This letter presents the Department's 
views on S. 1705, a bill that directs the Secretary of the 
Interior to engage in land exchanges relating to Hagerman 
Fossil Beds National Monument, and the City of rocks National 
Reserve.
    The Department supports this legislation, with amendments 
that would make S. 1705 consistent with National Park Service 
policy.
    S. 1705 directs the Secretary to acquire approximately 
1,420 acres of land, known as the ``Castle Rock Ranch,'' 
located outside of the City of Rocks National Reserve in Idaho 
and convey this land to the State of Idaho in exchange for 
approximately 500 acres within the Hagerman Fossil Beds 
National Monument. The State would have the authority to convey 
portions of the Castle Rock Ranch to private owners in exchange 
for land within the City of Rocks National Reserve.
    This legislation tremendously benefits Hagerman Fossil Beds 
National Monument. This park was established in 1988 to protect 
the world's richest known fossil deposits from the late 
Pliocene time period. Most of the fossils discovered within the 
boundaries of the National Monument are found in an area called 
the Hagerman Horse Quarry. The Horse Quarry, a national natural 
landmark, is presently owned by the State of Idaho. S. 1705 
transfers this land to the Secretary.
    This transaction allows the NPS to fulfill its mandate 
under the 1988 act that created Hagerman Fossil Beds National 
Monument. The Horse Quarry's high concentration of 
paleontological resources from a relatively short geological 
span makes possible the understanding of geological events, 
environmental changes, and biodiversity that would be 
impossible for most fossil areas. By transferring this area to 
NPS ownership, S. 1705 protects these important resources in a 
way that was envisioned by Congress when it created Hagerman 
Fossil Beds National Monument.
    S. 1705 also benefits the City of Rocks National Reserve. 
The City of Rocks National Reserve was established by Congress 
in 1988 as a unit of the National Park system primarily because 
of its unique rock formations. Despite its status as a unit of 
the National Park System, it is managed, in accordance with its 
enabling legislation, by the State of Idaho. S. 1705 allows the 
State to exchange portions of the Castle Rock Ranch for private 
holdings within the City of Rocks National Reserve. While we 
support increased public ownership of the land within the 
borders of the City of Rocks National Reserve, we believe the 
federal government, not the State, should be the owner of this 
land, because federal taxpayers would effectively be paying for 
this land. Federal ownership is consistent with the act that 
made City of Rocks National Reserve a unit of the National Park 
System. Indeed, without federal ownership of the land within 
the City of Rocks National Reserve Monument, this unit would be 
without federal management or ownership, two of the primary 
characteristics associated with units of the National Park 
System. The State of Idaho would continue to manage the Reserve 
under existing arrangements. Informal estimates indicate that 
the land to be received by the federal government would be 
approximately equal in value to the land it would convey to the 
State.
    The Department suggests that the bill be amended to allow 
the Secretary to convey portions of the Castle Rock Ranch in 
exchange for inholdings within the City of Rocks National 
Reserve and to the State in exchange for the Hagerman Horse 
Quarry. Attached is language to amend section 4 to clarify the 
intent of the section.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                         Don Barry,
                               Assistant Secretary for Fish
                                            and Wildlife and Parks.

Department of the Interior's proposed amendment to S. 1705, section 4

SEC. 4. LAND EXCHANGE.

    (a) Hagerman Fossil Beds.--
          (1) Federal and state exchange.--Subject to 
        subsection (b), on completion of the acquisition under 
        section 3(a), the Secretary shall convey the Ranch, or 
        portions thereof, to the State of Idaho in exchange for 
        up to approximately 500 acres of land near Hagerman, 
        Idaho, located within the boundary of the Monument.
          (2) Administration.--State land acquired by the 
        United States in the land exchange under subsection 
        (a)(1) shall be administered by the Secretary as part 
        of the Monument.
    (b) City of Rocks National Reserve.--
          (1) Secretary and private landowner exchange.--The 
        Secretary may exchange the remaining portions of the 
        Ranch not used for an exchange under subsection (a)(1) 
        to acquire private land within the boundaries of the 
        Reserve, with the consent of the owners of the private 
        land.
          (2) Condition of exchange.--As a condition of the 
        land exchange under subsection (b)(1), the State of 
        Idaho shall administer all private land acquired by the 
        federal government within the Reserve through an 
        exchange under this Act in accordance with title II of 
        the Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 
        460yy et seq.).

                        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 bill S. 1705 as ordered 
reported.

                                  
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