[Senate Report 107-274]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 591
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-274
======================================================================
 
              VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE ACT

                                _______
                                

               September 11, 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 H.R. 2385]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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 paleotological 
resources on that property, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the Act, as amended, do pass.
    The amendments are as follows:
    1. On page 2, lines 5 through 14, amend section 2(a) to 
read as follows:

    ``(a) Authorization for Grant To Purchase Preserve.--Of the 
funds appropriated in the section entitled `Land Acquisition' 
of the Fiscal Year 2002 Interior and Related Agencies 
Appropriations Act, Public Law 107-63, the Secretary of the 
Interior shall grant $500,000 to the City for--
          ``(1) the purchase of up to 10 acres of land within 
        the area generally depicted as the `Preserve 
        Acquisition Area' on the map entitled `Map B' and dated 
        May 9, 2002; and
          ``(2) the preservation of such land and 
        paleontological resources.''.

    2. On page 4, strike lines 1 through 4, and redesignate 
subsequent paragraphs accordingly.

                                PURPOSE

    The purpose of H.R. 2385, as ordered reported, is to 
authorize the Secretary of the Interior to use up to $500,000 
previously appropriated for land acquisition to St. George, 
Utah to provide for the protection and preservation of certain 
rare paleontological resources on that property, and for other 
purposes.

                          BACKGROUND AND NEED

    In February 2000, dinosaur tracks, taildragging marks, and 
skin imprints of considerable quality dating as far back as the 
Jurassic Period were discovered on private land near St. 
George, Utah. These paleontological resources have been 
described by some scientists as among 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 have visited the 
site. Although 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 the paleontological 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 the 
uncovered imprints and the elements.

                          LEGISLATIVE HISTORY

    H.R. 2385 was introduced by Representative Hansen on June 
28, 2001 and passed the House of Representatives by a voice 
vote on October 2, 2001. Companion legislation, S. 1497, was 
introduced by Senator Hatch on October 3, 2001. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
1497 and H.R. 2385 on May 9, 2002. At the business meeting on 
July 31, 2002, the Committee on Energy and Natural Resources 
ordered H.R. 2385, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 31, 2002, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 2385, if amended 
as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of H.R. 2385, the Committee 
adopted two amendments. Amendment #1 provides that Secretary 
may use $500,000 previously appropriated for land acquisition 
in Utah for the grant to St. George, Utah for land acquisition 
under this Act. The amendment also updates the map reference to 
provide a larger area within which the city can select the 10 
acres for the preserve. Amendment #2 deletes a provision 
authorizing the Secretary to enter into a cooperative agreement 
with the city to manage the preserve. This provision is not 
necessary since the city will purchase the land.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Virgin River Dinosaur 
Footprint Preserve Act.''
    Section 2 (a) authorizes a grant from the Department of 
Interior 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 could be as much as the lesser of $500,000 
or the fair market value of up to 10 acres of land generally 
depicted on a referenced map.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost 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 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 contacts are Megan 
Carroll (for federal cost) and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

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

    CBO estimates that H.R. 2385 would have no significant 
impact on the federal budget. The legislation would affect 
direct spending; therefore, pay-as-you-go procedures would 
apply, but we estimate that any such effects would total less 
than $500,000.
    H.R. 2385 would direct the Secretary of the Interior to 
provide a grant of $500,000 to the city of St. George, Utah, to 
allow that city to purchase certain privately owned lands that 
contain paleontological resources. The legislation would 
require the Secretary to use existing funds to make that grant. 
For fiscal year 2002, the Congress provided $500,000 for the 
Bureau of Land Management (BLM) to purchase land in St. George, 
Utah. By authorizing the Secretary to provide those funds 
directly to the city, H.R. 2385 would change the underlying 
purpose for which those funds could be spent, and any resulting 
change in the timing of outlays would be subject to pay-as-you-
go procedures. Based on information from BLM, however, CBO 
estimates that any such change would be insignificant.
    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 legislation 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 this assistance would be voluntary.
    On September 18, 2001, CBO transmitted a cost estimate for 
H.R. 2385 as ordered reported by the House Committee on 
Resources on September 12, 2001. Our estimate of spending under 
the Senate version is lower than under the House version for 
two reasons. First, at the time of our previous estimate, no 
funds had been appropriated to enable the city to acquire the 
land; hence, we estimated that making the grant would increase 
spending subject to appropriation by $500,000. Second, the 
House version would direct the Secretary to enter into a 
cooperative agreement with the city to manage paleontological 
resources and would authorize the Secretary to spend an 
additional $500,000 to help the city meet its responsibilities 
under that agreement Because the Senate version does not 
require the Secretary to enter into such an agreement with the 
city, our estimate of the Senate version does not include the 
cost of providing additional assistance to the city.
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs) and Marjorie Miller (for the state and 
local impact). 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 H.R. 2385. 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 H.R. 2385, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the Subcommittee hearing follows:

   Statement of Larry Finfer, Assistant Director for Communications, 
                       Bureau of Land Management

    Thank you for the opportunity to testify on S. 1497 and 
H.R. 2385 to provide for the protection of dinosaur footprints 
in St. George, Utah. The Department of the Interior supports S. 
1497 and H.R. 2385, but would like the opportunity to work with 
the sponsors of the bill and the Committee on minor and 
technical amendments.
S. 1497 and H.R. 2385
    S. 1497 and the identical H.R. 2385 as passed by the House, 
allow the Secretary of the Interior to award a grant to the 
City of St. George, Utah of up to $500,000 for the acquisition 
of 10 acres of private land on which dinosaur tracks have been 
discovered. The grant would allow the city to purchase this 
land in order to preserve and protect it for the public. The 
Administration supported, with amendments, h.R. 2385 in July of 
last year.
    The discovery of these tracks within the City of St. George 
is unique and represents a potential focus for local 
interpretive and preservation efforts. The State of Utah has 
some of the most concentrated and significant paleontological 
resources of any region of the country.
    The Administration stands ready to assist in the 
implementation of this project to protect these rare resources 
in partnership with local community partners in St. George. We 
recognize the significance and importance of these dinosaur 
tracks to the community and the residents of Washington County. 
We applaud their efforts to secure these tracks and protect 
them from further disturbance and deterioration so that they 
might be shared with the public.
    The BLM would like the opportunity to work with Senator 
Hatch and the Committee to resolve a few specific issues 
including map revisions and other minor matters.
    Section c(2)(A) of S. 1497 provides for additional 
financial assistance grants to the City to protect and manage 
the dinosaur tracks site. We recommend the consideration of 
several alternatives for financial assistance so as not to 
impede existing programs and their funding levels in the BLM's 
St. George area, while still providing for appropriate 
management of the dinosaur tracks site. For example, the 
establishment of a non-profit foundation, perhaps involving the 
State of Utah, Washington County, and the City of St. George to 
leverage and partner resources is an option. In addition, other 
forms of assistance through private and public grants, 
including the Secretary's new Cooperative Conservation 
Initiative (CCI), may provide numerous resources for providing 
for the long term operations, maintenance, and educational 
interpretation of the site.
Conclusion
    Thank you for the opportunity to testify on these three 
bills. I am happy to answer any questions the members of the 
Committee may have.

                        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 the Act H.R. 2385, as 
ordered reported.

                                
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