[Senate Report 107-255]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 572
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-255

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



 
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.

           *       *       *       *       *       *       *


                                  
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