[House Report 107-215]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-215

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              VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE ACT

                                _______
                                

 September 24, 2001.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2385]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2385) to convey certain property to the city of St. 
George, Utah, in order to provide for the protection and 
preservation of certain rare paleontological resources on that 
property, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Virgin River Dinosaur Footprint 
Preserve Act''.

SEC. 2. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE.

  (a) Authorization for Grant To Purchase Footprint Preserve.--As soon 
as is practicable after the date of the enactment of this Act, if the 
City agrees to the conditions set forth in subsection (b), the 
Secretary of the Interior may award to the City a grant equal to the 
lesser of $500,000 or the fair market value of up to 10 acres of land 
(and all related facilities and other appurtenances thereon) generally 
depicted on the map entitled ``Proposed Virgin River Dinosaur Footprint 
Preserve'', numbered 09/06/2001-A, for purchase of that property.
  (b) Conditions of Grant.--The grant under subsection (a) shall be 
made only after the City agrees to the following conditions:
          (1) Use of land.--The City shall use the Virgin River 
        Dinosaur Footprint Preserve in a manner that accomplishes the 
        following:
                  (A) Preserves and protects the paleontological 
                resources located within the exterior boundaries of the 
                Virgin River Dinosaur Footprint Preserve.
                  (B) Provides opportunities for scientific research in 
                a manner compatible with subparagraph (A).
                  (C) Provides the public with opportunities for 
                educational activities in a manner compatible with 
                subparagraph (A).
          (2) Reverter.--If at any time after the City acquires the 
        Virgin River Dinosaur Footprint Preserve, the Secretary 
        determines that the City is not substantially in compliance 
        with the conditions described in paragraph (1), all right, 
        title, and interest in and to the Virgin River Dinosaur 
        Footprint Preserve shall immediately revert to the United 
        States, with no further consideration on the part of the United 
        States, and such property shall then be under the 
        administrative jurisdiction of the Secretary of the Interior.
          (3) Conditions to be contained in deed.--If the City attempts 
        to transfer title to the Virgin River Dinosaur Footprint 
        Preserve (in whole or in part), the conditions set forth in 
        this subsection shall transfer with such title and shall be 
        enforceable against any subsequent owner of the Virgin River 
        Dinosaur Footprint Preserve (in whole or in part).
  (c) Cooperative Agreement and Assistance.--
          (1) Cooperative agreement.--The Secretary shall enter into a 
        cooperative agreement with the City for the management of the 
        Virgin River Dinosaur Footprint Preserve by the City.
          (2) Assistance.--The Secretary may provide to the City--
                  (A) financial assistance, if the Secretary determines 
                that such assistance is necessary for protection of the 
                paleontological resources located within the exterior 
                boundaries of the Virgin River Dinosaur Footprint 
                Preserve; and
                  (B) technical assistance to assist the City in 
                complying with subparagraphs (A) through (C) of 
                subsection (b)(1).
          (3) Additional grants.--
                          (A) In general.--In addition to funds made 
                        available under subsection (a) and paragraph 
                        (2) of this subsection, the Secretary may 
                        provide grants to the City to carry out its 
                        duties under the cooperative agreement entered 
                        into under paragraph (1).
                          (B) Limitation on amount; required non-
                        federal match.--Grants under subparagraph (A) 
                        shall not exceed $500,000 and shall be provided 
                        only to the extent that the City matches the 
                        amount of such grants with non-Federal 
                        contributions (including in-kind 
                        contributions).
  (d) Map on File.--The map shall be on file and available for public 
inspection in the appropriate offices of the Department of the 
Interior.
  (e) Definitions.--For the purposes of this section, the following 
definitions apply:
          (1) City.--The term ``City'' means the city of St. George, 
        Utah.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Virgin river dinosaur footprint preserve.--The term 
        ``Virgin River Dinosaur Footprint Preserve'' means the property 
        (and all facilities and other appurtenances thereon) described 
        in subsection (a).

                          PURPOSE OF THE BILL

    The purpose of H.R. 2385 is to convey certain property to 
the City of St. George, Utah, in order to provide for the 
protection and preservation of certain rare paleontological 
resources on that property, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In February of 2000, dinosaur tracks, taildraggings, and 
skin imprints of unprecedented quality dating as far back as 
the Jurassic Period were discovered on private land near St. 
George, Utah, during excavation activities. These extraordinary 
paleontological resources have been touted by scientists in the 
field as some of the most significant that have been discovered 
in decades because of the clarity and completeness of the 
imprints.
    Since the discovery, over 140,000 people from all 50 states 
and at least 54 foreign countries have visited the site. While 
the city and private land owners have worked together to try to 
protect these valuable resources while still allowing public 
access, there is a lack of adequate infrastructure or 
facilities to accommodate the large crowds. Surrounding streets 
and neighborhoods area are often clogged with visitors and 
vehicular traffic.
    The preservation of these valuable resources is also in 
jeopardy. The fragile sandstone in which the impressions have 
been made is susceptible to the heat and wind typical of the 
Southern Utah climate, and rain is nearly catastrophic for 
quickly eroding unearthed impressions. At present, only a 
temporary open-sided roof structure stands between uncovered 
imprints and the elements.
    H.R. 2385, as ordered reported, would provide a grant from 
the Department of Interior of up to $500,000 to the City of St. 
George to purchase up to 10 acres at fair market value from the 
private landowner for the purposes of preserving the specified 
land and paleontological resources. The grant would be subject 
to a cooperative management agreement between the Department of 
Interior and the city. Up to $500,000 in additional funds from 
the Department would be authorized to assist the city in 
meeting its responsibilities under the agreement, provided that 
the city fully match any federal assistance dollar for dollar 
with non-federal sources. The bill also authorizes the 
Department to provide technical assistance to the city.

                            COMMITTEE ACTION

    H.R. 2385 was introduced on June 28, 2001, by Congressman 
James Hansen (R-UT) and referred to the Committee on Resources. 
On July 5, 2001, the bill was referred to the Subcommittee on 
National Parks, Recreation, and Public Lands. On July 26, 2001, 
the Subcommittee held a hearing on the bill. On July 31, 2001, 
the Subcommittee met to mark up the bill. Congressman Joel 
Hefley (R-CO) offered an amendment in the nature of a 
substitute that: (1) authorized only the Secretary of Interior 
to purchase the property cited in the bill; (2) increased the 
time the Secretary will have to purchase the property to 60 
days; (3) required the property to be purchased at fair market 
value; (4) reduced the number of acres for possible purchase to 
ten, and (5) reverts the property to the Federal government 
should the city not manage the property as prescribed by the 
legislation. The amendment was adopted by voice vote. The bill, 
as amended, was then forwarded to the Full Committee by voice 
vote. On September 12, 2001, the Full Resources Committee met 
to consider the bill. Congressman Joel Hefley offered an 
amendment in the nature of a substitute that authorized the 
Secretary of Interior to grant up to $500,000 to the City of 
St. George, Utah, to acquire the property directly, subject to 
certain conditions. The amendment was 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

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to convey certain property to the 
City of St. George, Utah, in order to provide for the 
protection and preservation of certain rare paleontological 
resources on that property.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 18, 2001.
Hon. James V. Hansen,
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. 2385, the Virgin 
River Dinosaur Footprint Preserve Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2385--Virgin River Dinosaur Footprint Preserve Act

    H.R. 2385 would authorize the Secretary of the Interior to 
provide up to $500,000 to the city of St. George, Utah, to 
allow that city to purchase certain privately owned lands that 
contain paleontological resources. The bill would direct the 
Secretary to enter into a cooperative agreement with the city 
to manage those lands and resources and would authorize the 
Secretary to provide up to $500,000 in additional funds to help 
the city meet its responsibilities under that agreement, 
provided that the city fully match any federal assistance. The 
bill also would authorize the Secretary to provide other 
financial and technical assistance to help the city to preserve 
and protect the resources.
    Based on information from the Department of Justice of the 
Interior, CBO estimates that implementing H.R. 2385 would cost 
$1 million during fiscal year 2002, assuming appropriation of 
the specified amounts. CBO also estimates that providing 
additional financial or technical assistance would not 
significantly increase the department's costs in any given 
year.
    H.R. 2385 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The assistance authorized by this bill would benefit the city 
of St. George. Any costs incurred by that or other governments 
to match federal funds or comply with other conditions of 
assistance would be voluntary.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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