[House Report 107-523]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-523

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



 
   GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION ACT OF 2002

                                _______
                                

 June 24, 2002.--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. 3786]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3786) to revise the boundary of the Glen Canyon National 
Recreation Area in the States of Utah and Arizona, 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 ``Glen Canyon National Recreation Area 
Boundary Revision Act of 2002''.

SEC. 2. GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION.

  (a) In General.--The first section of Public Law 92-593 (16 U.S.C. 
460dd; 86 Stat. 1311) is amended--
          (1) by striking ``That in'' and inserting ``Section 1. (a) 
        In''; and
          (2) by adding at the end the following:
  ``(b)(1) In addition to the boundary change authority under 
subsection (a), the Secretary may acquire approximately 152 acres of 
private land in exchange for approximately 370 acres of land within the 
boundary of Glen Canyon National Recreation Area, as generally depicted 
on the map entitled `Page One Land Exchange Proposal', number 608/
60573a-2002, and dated May 16, 2002. The map shall be on file and 
available for public inspection in the appropriate offices of the 
National Park Service. Upon conclusion of the exchange, the boundary of 
the recreation area shall be revised to reflect the exchange.
  ``(2) Before the land exchange under this subsection, the Secretary 
may enter into a memorandum of understanding with the person that will 
acquire lands from the United States in the exchange, to establish such 
terms and conditions as are mutually agreeable regarding how those 
lands will be managed after the exchange.''.
  (b) Change in Acreage Ceiling.--Such section is further amended by 
striking ``one million two hundred and thirty-six thousand eight 
hundred and eighty acres'' and inserting ``1,256,000 acres''.

                          Purpose of the Bill

    The purpose of H.R. 3786 is to revise the boundary of the 
Glen Canyon National Recreation Area in the States of Utah and 
Arizona.

                  Background and Need for Legislation

    The southern Utah land owner, Page One L.L.C. is in the 
process of developing approximately 1500 acres of private land 
adjacent to the Glen Canyon National Recreation Area located 
between U.S. Highway 89 and the Arizona border. Following 
months of negotiation between Page One and the National Park 
Service (NPS), agreement was reached regarding a mutually 
beneficial land exchange. H.R. 3786 would enable the private 
land owner to consolidate their property while permitting the 
NPS to better protect the viewshed of the NRA. In addition, the 
legislation would also correct the acreage ceiling to 
accurately reflect the present acreage in the boundary.
    Currently, Page One owns approximately 152 acres of land 
between U.S. Highway 89 and the southwestern shore of Lake 
Powell. This private land features a primary viewshed corridor 
between the lake and highway, three established highway access 
right-of-ways, and a developed culinary water well producing 
700 gallons per minute. According to an outside appraisal, the 
value of the private parcel is approximately $836,000. The Park 
Service seeks to acquire this land in order to protect the 
scenic corridor and to establish a more manageable boundary at 
its most visited entrance. The 370 acres of NPS land are 
topographically isolated with no vehicular access, no right-of-
way, no water rights and no site improvements. The appraised 
value of the NPS land, according to an outside appraisal is 
approximately $480,000. Page One will donate the balance of the 
appraised value of $356,000 to the NPS.

                            Committee Action

    H.R. 3786 was introduced on February 26, 2002, by 
Congressman Chris Cannon (R-UT). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On May 7, 2002, the Subcommittee held a hearing on the bill. On 
May 22, 2002, the Full Committee met to consider the bill and 
the Subcommittee on National Parks, Recreation, and Public 
Lands was discharged from further consideration of the bill by 
unanimous consent. Mr. Cannon offered an amendment in the 
nature of a substitute to ensure that, upon enactment, the 
boundary of the NRA will be revised to reflect the exchange, to 
allow the Secretary of the Interior and the property owner to 
enter into a Memorandum of Understanding regarding how the 
lands will be managed after acquisition, and to correct the map 
reference to reflect the changes above. It was adopted by 
unanimous consent and the bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            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 of the Constitution of the United 
States grants 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. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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, June 21, 2002.
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. 3786, the Glen 
Canyon National Recreation Area Boundary Revision Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3786--Glen Canyon National Recreation Area Boundary Revision Act 
        of 2002

    CBO estimates that implementing H.R. 3786 would cost about 
$560,000, subject to the availability of appropriated funds. 
H.R. 3786 would authorize the Secretary of the Interior to 
acquire 152 acres of private land in exchange for 370 acres of 
land within the boundary of the Glen Canyon National Recreation 
Area. In addition, the bill would change the acreage ceiling of 
the Recreation Area to reflect the land exchange.
    Based on an appraisal paid for by the private landowner, 
the land the federal government would receive is valued at 
$836,000, and the land that it would give to the private 
landowner is valued at $278,000. Under current law, the 
National Park Service is required to make a cash equalization 
payment to the private landowner for the difference in the 
appraisal. Thus, the cash equalization payment would be about 
$560,000 to implement the bill. Making such a payment would be 
subject to the availability of appropriated funds.
    H.R. 3786 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 3786 
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 CBO staff contact for this estimate is Julie Middleton. 
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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                        ACT OF OCTOBER 27, 1972


                          (Public Law 92-593)

  AN ACT To establish the Glen Canyon National Recreation Area in the 
                      States of Arizona and Utah.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That in] 
Section 1. (a) In order to provide for public outdoor 
recreation use and enjoyment of Lake Powell and lands adjacent 
thereto in the States of Arizona and Utah and to preserve 
scenic, scientific, and historic features contributing to 
public enjoyment of the area, there is established the Glen 
Canyon National Recreation Area (hereafter referred to as the 
``recreation area'') to comprise the area generally depicted on 
the drawing entitled ``Boundary Map Glen Canyon National 
Recreation Area,'' numbered GLC-91,006 and dated August 1972, 
which is on file and available for public inspection in the 
office of the National Park Service, Department of the 
Interior. The Secretary of the Interior (hereafter referred to 
as the ``Secretary'') may revise the boundaries of the 
recreation area from time to time by publication in the Federal 
Register of a revised drawing or other boundary description, 
but the total acreage of the national recreation area may not 
exceed [one million two hundred and thirty-six thousand eight 
hundred and eighty acres] 1,256,000 acres.
  (b)(1) In addition to the boundary change authority under 
subsection (a), the Secretary may acquire approximately 152 
acres of private land in exchange for approximately 370 acres 
of land within the boundary of Glen Canyon National Recreation 
Area, as generally depicted on the map entitled ``Page One Land 
Exchange Proposal'', number 608/60573a-2002, and dated May 16, 
2002. The map shall be on file and available for public 
inspection in the appropriate offices of the National Park 
Service. Upon conclusion of the exchange, the boundary of the 
recreation area shall be revised to reflect the exchange.
  (2) Before the land exchange under this subsection, the 
Secretary may enter into a memorandum of understanding with the 
person that will acquire lands from the United States in the 
exchange, to establish such terms and conditions as are 
mutually agreeable regarding how those lands will be managed 
after the exchange.

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