[Senate Report 107-255]
[From the U.S. Government Publishing Office]
Calendar No. 572
107th Congress Report
SENATE
2d Session 107-255
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BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL
CONSERVATION AREA BOUNDARY REVISION ACT OF 2002
_______
September 9, 2002.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1944]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1944) to revise the boundary of the Black
Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area in the State of Colorado, and for
other purposes, having considered the same, reports favorably
thereon with amendments and recommends that the bill as amended
do pass.
The amendments are as follows:
1. On page 2, line 16, strike ``January 22, 2002'' and
insert ``June 13, 2002''.
2. On page 6, line 6, strike ``5,700'' and insert
``7,100''.
3. On page 6, line 9, strike ``January 22, 2002'' and
insert ``June 13, 2002''.
Purpose
The purpose of S. 1944 is to revise the boundary of the
Black Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area in the State of Colorado to
authorize the addition of approximately 2,725 acres to the park
and approximately 7,100 acres to the conservation area.
Background and Need
The Black Canyon of the Gunnison was designated as a
National Monument on March 2, 1933 by Presidential Proclamation
to protect the unique and spectacular landscape formed by the
Gunnison River in western Colorado. The park has been expanded
several times over the past seventy years by Presidential
Proclamations and Acts of Congress. In 1999, Public Law 106-76
further expanded the monument's boundaries to include
approximately 30,000 additional acres and redesignated the
monument as a National Park. That Act also established the
adjacent Gunnison Gorge National Conservation Area under the
management of the Bureau of Land Management.
The Black Canyon of the Gunnison combines the narrow
opening, sheer walls and startling depths found in no other
canyon in North America. Located on the western slope of
Colorado, approximately 250 miles southwest of Denver, the park
hosts approximately 180,000 recreational visitors each year.
Protection of the canyon rim from development prompted the
passage of the 1999 legislation. Enactment of S. 1944 will
better enable the National Park Service to protect additional
lands near the canyon and allow for land exchanges with the
owners of certain adjacent lands to improve the management of
the park's boundary.
Legislative History
S. 1944 was introduced by Senator Cambell on February 13,
2002. The Subcommittee on National Parks held a hearing on S.
1944 on June 12, 2002. At its business meeting on July 31,
2002, the Committee on Energy and Natural Resources ordered S.
1944 favorably reported with amendments.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by voice vote of a quorum
present, recommends that the Senate pass S. 1944, if amended as
described herein.
Committee Amendments
During the consideration of S. 1638, the Committee adopted
three amendments. Amendment #1 revises the official map for the
Black Canyon of the Gunnison National Park to reflect the lands
added to the park. Amendments #2 increases the number of acres
being added to the Gunnison Gorge National Conservation Area.
Amendment #3 revises the map for the Conservation Area.
Section-by-Section Analysis
Section 1 designates the bill title as the ``Black Canyon
of the Gunnison National Park and Gunnison Gorge National
Conservation Area Boundary Revision Act of 2002.''
Section 2 amends section 4(a) of the Black Canyon of the
Gunnison National Park and Gunnison Gorge National Conservation
Area Act of 1999 (16 U.S.C. 410fff-2(a)) by revising the
boundary of the National Park to authorize the addition of 2,75
acres, as depicted on the map, and by transferring land,
identified as ``Tract C'' on the same map, from the Bureau of
land Management to the administrative jurisdiction of the
National Park Service.
Section 3 amends section 4(e) of the 1999 Act (16 U.S.C.
410fff-2(e)) to authorize the Secretary of the Interior to
transfer grazing privileges to the private land acquired by the
legislation. In addition, grazing leases or permits held by
LeValley Ranch Ltd. and Sanburg Herefords, L.L.P. are to be
issued for the lifetime of the two partners as of October 21,
1999.
Section 4 amends section 5(a)(1) of the 1999 Act (16 U.S.C.
410fff-3(a)(1)) to authorize the Secretary of the Interior to
acquire the lands added to the Black Canyon of the Gunnison
National Park and the Gunnison Gorge National Conservation Area
in accordance with the provisions of the 1999 establishment
Act. No lands or interests in land may be acquired except with
the consent of the owner.
Section 5 amends section 7(a) of the 1999 Act (16 U.S.C.
410fff-5(a)) to revise the boundary of the conservation area by
not more than 7,100 acres, as indicated on the Black Canyon of
the Gunnison National Park and Gunnison Gorge NCA Boundary
Modifications map, dated July 13, 2002.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2002.
Hon. Jeff Bingaman,
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. 1944, the Black
Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation 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 Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1944--Black Canyon of the Gunnison National Park and Gunnison Gorge
National Conservation Area Boundary Revision Act of 2002
CBO estimates that implementing S. 1944 would cost
$200,000, assuming the availability of appropriated funds. The
bill would not affect direct spending or receipts; therefore,
pay-as-you-go procedures would not apply. S. 1944 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
S. 1944 would authorize the Secretary of the Interior to
revise the boundaries of the Gunnison National Park in Colorado
to include three parcels of privately owned land that would be
acquired by the Secretary. The Secretary would exchange federal
lands in order to acquire two of the parcels. According to the
Department of the Interior (DOI), the federal lands to be
exchanged currently generate no significant receipts and are
not expected to do so in the near future; hence, CBO estimates
that exchanging them would not significantly affect the federal
budget. The Secretary would purchase a conservation easement on
the third parcel at an estimated cost of $500,000. According to
DOI, $300,000 has already been unappropriated for that purpose;
thus, we estimate that completing the transaction would cost
$200,000 in 2003, assuming the availability of appropriated
funds.
S. 1944 also would authorize the Secretary to expand the
boundaries of the Gunnison Gorge National Conservation Area to
include 7,100 acres of federal lands administered by the Bureau
of Land Management (BLM). Based on information from the BLM, we
estimate that adding those lands to the conservation area would
not affect offsetting receipts or the agency's costs to manage
that land.
The CBO staff contact for this estimate is Megan Carroll.
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. 1944. 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. 1944.
Executive Communications
The legislative report received by the Committee from the
Department of the Interior setting forth Executive agency
recommendations relating to S. 1944 follows:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, July 16, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 1944, a bill to revise the
boundary of the Black Canyon of the Gunnison National Park and
Gunnison Gorge National Conservation Area in the State of
Colorado, and for other purposes.
The Department of the Interior supports S. 1944. The bill
authorizes additions to both Black Canyon of the Gunnison
National Park (``Park''), through three separate easement or
exchange transactions, and Gunnison Gorge National Conservation
Area (``NCA''). The revision of the national park boundary
would not contribute to the National Park Service (``NPS'')
maintenance backlog because the management and operation of the
land added to the boundary would not result in any additional
facilities, increased operating costs, or additional staffing.
Costs involved with the land transactions are expected to be
minimal. One parcel would be an equal value exchange, another
would involve the purchase of a conservation easement on 240
acres, estimated to cost approximately $500,000 (although the
park currently has approximately $300,000 in a land acquisition
account that could be used for this transaction), and the third
involves the transfer of 480 acres of isolated Bureau of Land
Management (BLM) land to NPS and then the exchange of this
parcel for a conservation on approximately 2,000 acres. The
private landowner is expected to donate the difference in value
as a result of this last exchange.
S. 1944 amends the Black Canyon of the Gunnison National
Park and Gunnison Gorge National Conservation Area Act of 1999
(Public Law 106-76). The boundary of the park would be revised
to include the addition of not more than 2,725 acres and the
National Conservation Area (NCA) would also be revised. These
additions are indicated on a new map, which supplements the
boundary map referenced in P.L. 106-76.
The bill authorizes the transfer of 480 acres of BLM land
to the jurisdiction of NPS. The Secretary is authorized to
acquire lands or interests in lands in accordance with P.L.
106-76 (by donation, transfer, purchase with donated or
appropriated funds, or exchange) and lands cannot be acquired
without the consent of the owner.
S. 1944 also amends P.L. 106-76 to clarify grazing
privileges within the park. If land authorized for grazing
within the park is exchanged for private land, then any grazing
privileges would transfer to the private land that is acquired.
Also, the bill clarifies the length of time that grazing may be
conducted on park lands by partnerships.
Black Canyon of the Gunnison National Park
The boundary of the park would be expanded in three
transactions. The first, locally referred to as Sanburg II, is
located just south of Red Rock Canyon, one of the most scenic
hiking opportunities into the Black Canyon of the Gunnison. The
landowner agrees with the NPS that maintaining the rural
character adjacent to the Red Rock Canyon trailhead is an
important part of the wilderness experience and he would be
willing to sell the NPS a conservation easement on 240-acres in
order to maintain the rural character of the land, and to
prevent future subdivision. The Conservation Fund, a nationally
recognized land trust, is assisting with this effort.
The second, the Bramlett exchange, would authorize the
exchange of a 200-acre parcel of the Bramlett Ranch located on
Grizzly Ridge, which overlooks the North Rim Road and North and
South Rim overlooks. Although the landowner has proposed
building cabins on the ridge top, he is willing to exchange
this 200-acre parcel for land of equal value within the park
and adjacent to his ranch headquarters. The equal value
exchange would give the landowner land with easier access, and
would add the ridgeline parcel to the park, thus protecting the
natural landscape in that portion of the park.
The third boundary adjustment, the Allison exchange is,
located along the East Portal Road, on the park's south rim.
The landowner would exchange a combination of fee simple
ownership and a conservation easement on up to 2,000 acres in
return for fee simple ownership of up to 480 acres of the BLM
parcel that would be transferred to NPS. The landowner has
indicated that he would protect this parcel with a conservation
easement should he acquire it. He has also indicated that he
would donate any value above and beyond the value represented
in the exchange.
The Department believes these acquisitions are important
for several reasons. Combined with the land authorized by P.L.
106-76, the present and future land requirements for the park
would be met. The present landowners are all willing sellers
and in addition to them, this effort enjoys the support of the
Montrose County Commissioners, the Montrose Chamber of
Commerce, and local and national land trusts involved in the
project.
S. 1944 would also amend P.L. 106-76 regarding grazing
within the park. P.L. 106-76 allowed for the continuation of
grazing on lands transferred to the NPS. Permits held by
individuals can be renewed through the lifetime of the
individual permittees. However, P.L. 106-76 requires that
partnerships and corporations be treated alike regarding the
termination of grazing permits. Partnerships and corporations
now lose their permits upon the termination of the last
remaining individual permit.
S. 1944 would amend P.L. 106-76 to treat partnerships
similarly to individual permit holders, allowing permits to be
renewed through the lifetime of the partners as of October 21,
1999. Since the two partnerships affected are essentially
family run ranching operations, the Department feels that they
should be treated consistently with individual permit holders.
S. 1944 would also allow grazing on land acquired in an
exchange if the land being given up in the exchange currently
has authorized grazing. This appears to be consistent with the
intent of Congress when it authorized grazing in Public Law
106-76.
Gunnison Gorge National Conservation Area
S. 1944 also provides for the expansion of the Gunnison
Gorge NCA managed by the BLM. A 5,759-acre parcel of land on
the north side of the existing NCA has been acquired from a
willing seller through a land exchange. This parcel includes
approximately five miles of the Gunnison River and provides
important resource values and recreational opportunities. In
addition, 1,349 acres of preexisting BLM-managed public lands
on the north side of the acquisition would also be added to the
NCA. By incorporating these federal lands into the NCA, they
will have appropriate protection, attention, and resources
devoted to them.
The legislation also makes some minor boundary adjustments
to the NCA. In the process of completing surveys of the lands
designated as the NCA by P.L. 106-76, the BLM discovered a few
inadvertent trespass situations on the NCA land. In order to
resolve these issues with the local landowners in a fair and
equitable manner, slight boundary modifications need to be made
so that exchanges can be effected. Without the benefit of this
legislation, the BLM would be forced to take extreme punitive
measures which are not in the best interest of the federal
government or local landowners who frequently were not aware of
the encroachment issues.
Since S. 1944 was introduced the BLM has discovered an
additional trespass and we would like the opportunity to work
with Senator Campbell and the subcommittee to modify the map
before markup. Finally, the BLM recently discovered an error in
computing acreage totals on the January 22 map references in
the bill and would like to correct those before markup.
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,
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1994, as ordered 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):
Public Law 106-76, 106th Congress
AN ACT To redesignate the Black Canyon of the Gunnison National
Monument as a national park and establish the Gunnison Gorge National
Conservation Area, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
* * * * * * *
SEC. 4. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON NATIONAL PARK.
(a) Establishment.--[There is hereby established]
(1) In general._There is established the Black Canyon
of the Gunnison National Park in the State of Colorado
as generally depicted on the map identified in section
3. The Black Canyon of the Gunnison National Monument
is hereby abolished as such, the lands and interests
therein are incorporated within and made part of the
new Black Canyon of the Gunnison National Park, and any
funds available for purposes of the monument shall be
available for purposes of the park.
(2) Boundary revision._The boundary of the park is
revised to include the addition of not more than 2,725
acres, as depicted on the map entitled ``Black Canyon
of the Gunnison National Park and Gunnison Gorge NCA
Boundary Modifications'' and dated June 13, 2002.
(b) Administration.--[Upon]
(1) Land transfer._
(A) In general._On enactment of this title,
the Secretary shall transfer the lands under
the jurisdiction of the Bureau of Land
Management which are identified on the map for
inclusion in the park to the administrative
jurisdiction of the National Park Service. [The
Secretary shall]
(B) Additional land.--On the date of
enactment of the Black Canyon of the Gunnison
National Park and Gunnison Gorge National
Conservation Area Boundary Revision Act of
2002, the Secretary shall transfer the land
under the jurisdiction of the Bureau of Land
Management identified as ``Tract C'' on the map
described in subsection (a)(2) to the
administrative jurisdiction of the National
Park Service for inclusion in the Park.
(2) Authority._The Secretary shall administer the
park in accordance with this Act and laws generally
applicable to units of the National Park System,
including the Act entitled ``An Act to establish a
National Park Service, and for other purposes, approved
August 25, 1916 (16 U.S.C. 1, 2-4), and the Act
entitled ``An Act to provide for the preservation of
historic American sites, buildings, objects, and
antiquities of national significance, and for other
purposes, approved August 21, 1935 (16 U.S.C. 461 et
seq.).
* * * * * * *
(e) Grazing.--(1)(A) Consistent with the requirements of
this subsection, including the limitation in paragraph (3), the
Secretary shall allow the grazing of livestock within the park
to continue where authorized under permits or leases in
existence as of the date of the enactment of this Act. Grazing
shall be at no more than the current level, and subject to
applicable laws and National Park Service regulations.
(B) Transfer.--If land authorized for grazing under
subparagraph (A) is exchanged for private land under this Act,
the Secretary shall transfer any grazing privileges to the
private land acquired in the exchange in accordance with this
section.
[(B)] (C) Nothing in this subsection shall be construed as
extending grazing privileges for any party or their assignee in
any area of the park where, prior to the date of the enactment
of this Act, such use was scheduled to expire according to the
terms of a settlement by the United States Claims Court
affecting property incorporated into the boundary of the Black
Canyon of the Gunnison National Monument.
[(C)] (D) Nothing in this subsection shall prohibit the
Secretary from accepting the voluntary termination of leases or
permits for grazing within the park.
(2) Within areas of the park designated as wilderness, the
grazing of livestock, where authorized under permits in
existence as of the date of the enactment of this Act, shall be
permitted to continue subject to such reasonable regulations,
policies, and practices as the Secretary deems necessary,
consistent with this Act, the Wilderness Act, and other
applicable laws and National Park Service regulations.
(3) With respect to the grazing permits and leases
referenced in this subsection, the Secretary shall allow
grazing to continue, subject to periodic renewal--
(A) with respect to a permit or lease issued to an
individual, for the lifetime of the individual who was
the holder of the permit or lease on the date of the
enactment of this Act; [and]
(B) with respect to the permit or lease issued to
LeValley Ranch Ltd., a partnership, for the lifetime of
the 2 limited partners as of October 21, 1999;
(C) with respect to the permit or lease issued to
Sanburg Hereford, L.L.P., a partnership, for the
lifetime of the 2 general partners as of October 21,
1999; and
[(B)] (D) with respect to a permit or lease issued to
a [partnership, corporation, or] corporation or other
legal entity, for a period which shall terminate on the
same date that the last permit or lease held under
[subparagraph (A)], Subparagraphs (A), (B), or (C)
terminates, unless the [partnership, corporation, or]
corporation or legal entity dissolves or terminates
before such time, in which case the permit or lease
shall terminate with the [partnership, corporation, or]
corporation or legal entity.
SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS.
(a) Additional Acquisitions.--
(1) In general.--The Secretary may acquire land or
interests in land depicted on the Map or the map
described in section 4(a)(2) as proposed additions.
* * * * * * *
SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.
[(a) In General.--There is established]
(A) Establishment.--
(1) In general._There is established the Gunnison
Gorge National Conservation Area, consisting of
approximately 57,725 acres as generally depicted on the
Map.
(2) Boundary revision.--The boundary of the
Conservation Area is revised to include the addition of
not more than 7,100 acres, as depicted on the map
entitled ``Black Canyon of the Gunnison National Park
and Gunnison Gorge NCA Boundary Modifications'' and
dated June 13, 2002.
* * * * * * *