[Senate Report 109-308]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 551
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-308

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



 
            GRAND TETON NATIONAL PARK EXTENSION ACT OF 2006

                                _______
                                

                 July 31, 2006.--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 S. 2403]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2403) to authorize the Secretary of the 
Interior to include in the boundaries of the Grand Teton 
National Park land and interests in land of the GT Park 
Subdivision, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and an 
amendment to the title and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clasue and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grand Teton National Park Extension 
Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Park.--The term ``Park'' means the Grand Teton National 
        Park.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Subdivision.--The term ``Subdivision'' means the GT Park 
        Subdivision, with an area of approximately 49.67 acres, as 
        generally depicted on--
                  (A) the plat recorded in the Office of the Teton 
                County Clerk and Recorder on December 16, 1997, 
                numbered 918, entitled ``Final Plat GT Park 
                Subdivision'', and dated June 18, 1997; and
                  (B) the map entitled ``2006 Proposed Grand Teton 
                Boundary Adjustment'', numbered 136/80,198, and dated 
                March 21, 2006, which shall be on file and available 
                for inspection in appropriate offices of the National 
                Park Service.

SEC. 3. ACQUISITION OF LAND.

    (a) In General.--The Secretary may accept from any willing donor 
the donation of any land or interest in land of the Subdivision.
    (b) Administration.--On acquisition of land or an interest in land 
under subsection (a), the Secretary shall--
          (1) include the land or interest in the boundaries of the 
        Park; and
          (2) administer the land or interest as part of the Park, in 
        accordance with all applicable laws (including regulations).
    (c) Deadline for Acquisition.--It is the intent of Congress that 
the acquisition of land or an interest in land under subsection (a) be 
completed not later than 1 year after the date of enactment of this 
Act.
    (d) Restriction on Transfer.--The Secretary shall not donate, sell, 
exchange, or otherwise transfer any land acquired under this section 
without express authorization from Congress.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as are necessary to carry out this Act.

    2. Amend the title so as to read: ``To modify the 
boundaries of Grand Teton National Park to include certain land 
within the GT Park Subdivision, and for other purposes.''

                         PURPOSE OF THE MEASURE

    The purpose of S. 2403 is to authorize the Secretary of the 
Interior to include certain lands in the Grand Teton Park 
subdivision within the boundaries of the Grand Teton National 
Park.

                          BACKGROUND AND NEED

    The Grand Teton Park subdivision is located in the Lost 
Creek drainage between Grand Teton National Park and the 
Bridger-Teton National Forest. One lot in the 50-acre 
subdivision is owned by the Gerald Halpin family. The other 
seven lots were donated by the Halpin family to private 
organizations, including the National Fish and Wildlife 
Foundation, the National Park Foundation, and the Grand Teton 
National Park Foundation. All of these owners would like to 
donate their land to Grand Teton National Park; but, their 
parcels are currently outside the existing park boundary. The 
law that established Grand Teton National Park in September, 
1950 (64 Stat. 849), prohibited the extension of any park in 
Wyoming without the express authorization of Congress. S. 2403 
would authorize the Secretary to adjust the boundary of Grand 
Teton National Park and accept the donation of lands within the 
subdivision.

                          LEGISLATIVE HISTORY

    S. 2403 was introduced by Senator Thomas on March 13, 2006. 
Senator Enzi is a cosponsor. The Subcommittee on National Parks 
held a hearing on S. 2403 on April 6, 2006. At the business 
meeting on May 24, 2006, the Committee on Energy and Natural 
Resources ordered S. 2403, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 24, 2006, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 2403, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During consideration of S. 2403, the Committee adopted an 
amendment in the nature of a substitute to S. 2403. The 
amendment replaces the requirement that the Secretary ``shall 
accept'' lands in the Grand Teton subdivision with the phrase 
that the Secretary ``may accept'' lands in the subdivision. The 
amendment also adds a provision stating that it is the intent 
of Congress that the acquisition of lands in Grand Teton 
subdivision be completed no later than one year after the 
enactment of this Act.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 titles the bill the ``Grand Teton National Park 
Expansion Act of 2006.''
    Section 2 defines key terms used in the bill.
    Section 3(a) authorizes the Secretary of the Interior to 
accept land or interest in land from any willing donor in the 
Grand Teton Park Subdivision.
    Subsection (b) requires the Secretary to include the 
donated land within the boundaries of Grand Teton National Park 
and to manage it as part of the park.
    Subsection (c) expresses the intent of Congress that land 
in the subdivision be acquired no later than one year after the 
enactment of this Act.
    Subsection (d) prohibits the Secretary of the Interior from 
transferring any of the land acquired through the authority in 
subsection 3(a) without express authorization from Congress.
    Section 4 authorizes the appropriation of such sums 
necessary to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2006.
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 S. 2403, the Grand 
Teton National Park Extension Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Leigh Angres.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

S. 2403--Grand Teton National Park Extension Act of 2006

    S. 2403 would authorize the Secretary of the Interior to 
accept the donation of about 50 acres of land in Wyoming. Once 
acquired, the property would become part of the Grand Teton 
National Park under the administration of the National Park 
Service. Subject to the availability of appropriated funds, CBO 
estimates that implementing S. 2403 would cost less than 
$500,000, mostly for surveys and appraisals. Enacting S. 2403 
would not affect revenues or direct spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant effect on the budgets of state, 
local, or tribal governments.
    The CBO staff contacts for this estimate are Deborah Reis 
and Leigh Angres. This estimate was approved by Robert A. 
Sunshine, 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. 2403. 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. 2403, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration on S. 2403 were included in 
testimony received by the Committee at a hearing on the bill on 
April 6, 2006. This testimony follows:

  Statement of Sue Masica, Associate Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 2403, a bill to authorize the Secretary of the 
Interior to include in the boundaries of the Grand Teton 
National Park land and interests in land of the GT Park 
Subdivision, and for other purposes. The Department supports S. 
2403 with one amendment.
    S. 2403 would direct the Secretary of the Interior 
(Secretary) to accept, by donation, approximately 49 acres 
adjacent to Grand Teton National Park, and upon donation, 
adjust the park boundary to include these lands within the park 
and to administer the acquired lands in accordance with all 
applicable laws. In addition, the Secretary would be prohibited 
from selling, donating, exchanging, or otherwise transferring 
the acquired land without authorization from Congress. The 
lands added to the boundary would be donated at no cost to the 
federal government, and no additional costs would be associated 
with management or administration of the donated lands. Costs 
that would be associated with the conveyance of the land 
include closing and other associated costs. We estimate those 
costs to be approximately $300,000, and we currently do not 
have a funding source identified for these costs.
    The privately owned land that is the subject of S. 2403 is 
located approximately one mile from the major road through the 
park and is visible from that road. The land consists of eight 
lots that total 49.67 acres and are located near the Lost Creek 
Ranch, adjacent to the park's eastern boundary. Similar in 
character and quality to adjacent park lands, the lots are 
primarily grassland and sagebrush meadow and provide habitat 
for a wide variety of wildlife including elk, deer, antelope, 
bison, coyotes, and wolves. The lots offer spectacular and 
unobstructed views of the Teton Range across the broad valley 
of Jackson Hole.
    The National Park System includes countless examples of 
philanthropic efforts that have added immeasurably to the 
preservation of our Nation's natural and cultural treasures. 
Nowhere is this more evident than at Grand Teton National Park, 
where the gift of John D. Rockefeller, Jr. in 1949, of more 
than 38,000 acres, helped to ensure the creation of the park. 
Today, the spirit of philanthropy is very much alive at Grand 
Teton, and a prime example is the extraordinary generosity of 
Gerald T. Halpin and his family. Of the eight lots which are 
the subject of this bill, one is owned by the Halpin family, 
and the other seven were previously donated by the Halpins to 
several foundations with the understanding that they would 
ultimately be donated to the federal government for inclusion 
in Grand Teton National Park. These foundations include the 
National Park Foundation, the National Fish and Wildlife 
Foundation, and the Grand Teton National Park Foundation.
    Inclusion of these lands within Grand Teton National Park 
cannot be accomplished without this legislation. When Congress 
established the park in 1950, it included a provision in the 
park's enabling legislation that prohibited any expansion of 
national parks or monuments in the State of Wyoming without the 
express authorization of Congress.
    We recommend one amendment to the bill. Section 3(a) as 
written may imply that the Secretary shall accept the donation 
of the land regardless of any potential environmental hazards 
on the land or the condition of the title. We recommend 
donation language that has been used in other similar donation 
transactions and is attached to this testimony.
    Mr. Chairman, we wish to thank you for your efforts in 
sponsoring and introducing this legislation. It is the product 
of many generous and forward-looking people working together to 
continue protecting Grand Teton National Park for the American 
people.
    That concludes my statement. I would be glad to answer any 
questions that you or other members of the subcommittee might 
have.

                           Proposed Amendment


        s. 2403, grand teton national park extension act of 2006


    Page 2, strike lines 18-20 and insert the following: ``(a) 
The Secretary is authorized to acquire, by donation, lands and 
interests in land in the Subdivision.''

                        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 bill S. 2403, as 
ordered reported.

                                  
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