[Senate Report 108-67]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 131
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-67

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       GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION ACT

                                _______
                                

                  June 9, 2003.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 788]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 788) to revise the boundary of the Glen 
Canyon National Recreation Area in the States of Utah and 
Arizona, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 788 is to revise the boundary of the 
Glen Canyon National Recreation Area in the States of Utah and 
Arizona.

                          Background and Need

    Page One L.L.C., a private corporation, is in the process 
of developing approximately 1500 acres of private land adjacent 
to the Glen Canyon National Recreation Area (NRA) located 
between U.S. Highway 89 and the Arizona border. Following 
months of negotiation, Page One and the National Park Service 
(NPS) agreed to a mutually beneficial land exchange. S. 612 
implements the exchange. It will enable Page One to consolidate 
its property while permitting the NPS to better protect the 
viewshed of the NRA. In addition, the legislation would correct 
the NRA's statutory 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 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.

                          Legislative History

    H.R. 788 was introduced on February 2, 2003 and passed the 
House of Representatives by a vote of 423-0 on March 25, 2003. 
Companion legislation, S. 612, was introduced by Sen. Bennett 
on March 13, 2003. The Subcommittee on National Parks held a 
hearing on H.R. 788 and S. 612 on May 13, 2003. During the 
107th Congress, the House of Representatives passed and the 
Committee reported a similar measure, H.R. 3786. The text of 
H.R. 3786 was included in an amendment to S. 2222, and was 
passed by the Senate on November 19, 2002.
    At the business meeting on May 21, 2003, the Committee on 
Energy and Natural Resources ordered H.R. 788 favorably 
reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 2003, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 788 as 
described herein.

                      Section-by-Section Analysis

    Section 1 titles the bill the ``Glen Canyon National 
Recreation Area Boundary Revision Act''.
    Section 2(a) amends Public Law 92-593, the Act establishing 
the Glen Canyon NRA, by authorizing the Secretary of the 
Interior to acquire approximately 152 acres from Page One in 
exchange for approximately 370 acres within the boundary of 
Glen Canyon NRA.
    Subsection (b) further amends Public Law 92-593 to correct 
the authorized acreage of the Glen Canyon NRA.

                   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, May 30, 2003.
Hon. Pete V. Domenici,
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. 788, the Glen 
Canyon National Recreation Area Boundary Revision Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll and Jenny Lin.
            Sincerely,
                                          Barry B. Anderson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 788--Glen Canyon National Recreation Area Boundary Revision Act

    CBO estimates that implementing H.R. 788 would cost about 
$560,000, subject to the availability of appropriated funds. 
H.R. 788 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 act would change the acreage ceiling of 
that 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. The National Park Service may 
make a cash equalization payment to the private landowner for 
the difference in the appraisal. Making such a payment would be 
subject to the availability of appropriated funds.
    H.R. 788 would not affect direct spending or receipts. H.R. 
788 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 contacts for this estimate are Megan Carroll 
and Jenny Lin. 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. 788. 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. 788, as ordered reported.

                        Executive Communications

    On May 12, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 788. These reports had 
not been received at the time the report on H.R. 788 was filed. 
When the reports become available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate. The testimony provided by the National Park 
Service at the Subcommittee hearing follows:

     Statement of Sue Masica, Associate Director of Park Planning, 
  Facilities and Lands, National Park Service, U.S. Department of the 
                                Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 612 and H.R. 788. 
These bills would revise the boundary of the Glen Canyon 
National Recreation Area in the States of Utah and Arizona.
    The Department supports S. 612 and the companion House 
legislation H.R. 788. The legislation would amend Public Law 
92-593 and give the Secretary of the Interior the authority, 
through an exchange, to change the boundary of Glen Canyon 
National Recreation Area (``Park'') by adding approximately 152 
acres and deleting 370 acres in Kane County, Utah. The current 
owner of the private property to be exchanged, Page One, LLC. 
(``Page One''), initiated this proposal and although the 
National Park Service (``Service'') has not yet appraised the 
parcels involved, the owner's appraisal indicates that the 
service will receive lands with a higher value than those the 
Service would exchange, which should remove the need for any 
land acquisition funds.
    The bills would also revise the authorized acreage of the 
park from 1,236,880 acres to 1,256,000 acres. This change would 
correct the total acreage within the park boundary that was 
incorrectly identified in the park's enabling legislation. 
Correction of the authorized acreage ceiling would not add any 
new facilities, increase operating costs, or require additional 
staffing.
    Since House passage of the H.R. 788 last March, we have 
learned through additional surveys, conducted by Page One, that 
the Page One exchange parcel identified as the Shoppman Land 
Exchange Parcel on the map entitled ``Page One Land Exchange 
Proposal'' number 608/60573a-2002 dated May 16, 2002 is closer 
to 122 acres than 152 acres. The acres that the Service would 
acquire are located east of Highway 89, approximately 5 miles 
south of Big Water, Utah and are contiguous to the existing 
park boundary. Both the Page One and Park exchange parcels are 
accurately reflected on the map. The lands that the Service 
would be authorized to exchange are located west of Highway 89 
and are adjacent to privately owned lands. Although within the 
boundary of the recreation area, the 370 acres are physically 
and visually isolated from the rest of the recreation area by 
topographic features.
    Page One, the owner of the private land has had an 
appraisal completed on the lands that are proposed for 
exchange. If this legislation is enacted, the Service would 
conduct its own appraisal on the two parcels. However, the 
owner's appraisal determined that their parcel ($5,500 per acre 
for a total appraised value of $671,000), which the Service 
would receive, was worth approximately two and one half times 
more then the appraised value of the land within the NRA Land 
Exchange Parcel identified on the map ($750 per acre for a 
total appraised value of $277,500).
    S. 612 and H.R. 788 would also correct the acreage ceiling 
error stated in Public Law 92-593, the 1972 enabling 
legislation for Glen Canyon National Recreation Area. Public 
Law 92-593 incorrectly estimated Glen Canyon National 
Recreation Area's acreage within the boundary to be 1,236,880 
acres. Using the same boundary identified on the map referenced 
in the 1972 enabling legislation, application of modern map 
reading and geographic information system technologies have 
determined that 1,256,000 acres more accurately reflects the 
amount of land within the 1972 boundary.
    S. 612 and H.R. 788 enjoy a broad cross section of support. 
The nearest communities to the lands proposed for exchange, Big 
Water, Utah and Page, Arizona, recognize the importance of 
protecting the National Recreation Area. Also, this exchange 
would provide an opportunity for private development at one of 
the main access points to lands held by the Utah Schools and 
Institutional Trust Lands Administration (``SITLA''). Such 
private development could enhance the 40,000 acres held by 
SITLA and is supported by the State of Utah and Kane County, 
Utah.
    As the House has passed H.R. 788 and the legislation is 
identical to S. 612 we would recommend passage of H.R. 788, in 
order to move this legislation expediently.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you or other members of the 
subcommittee may have.

                        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 Act H.R. 788, as ordered reported, are shown as follows:

  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) 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.

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