[Senate Report 110-16]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 41
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-16

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



 
            GRAND TETON NATIONAL PARK EXTENSION ACT OF 2007

                                _______
                                

               February 15, 2007.--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. 277]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 277) to modify the boundaries of Grand 
Teton National Park to include certain land within the GT Park 
Subdivision, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 277 is to authorize the Secretary of the 
Interior to add approximately 49 acres of land in the Grand 
Teton Park subdivision within the boundaries of Grand Teton 
National Park in Wyoming.

                          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. 277 
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. 277 was introduced by Senators Thomas and Enzi on 
January 12, 2007. During the 109th Congress, the Committee 
considered similar legislation, S. 2403, also sponsored by 
Senators Thomas and Enzi. The Subcommittee on National Parks 
held a hearing on S. 2403 on April 6, 2006 (S. Hrg. 109-447). 
The Committee ordered S. 2403 favorably reported with an 
amendment and an amendment to the title on May 24, 2006 (S. 
Rept. 109-308) and the bill passed the Senate, by unanimous 
consent, on December 7, 2006. No further action occurred prior 
the sine die adjournment of the 109th Congress.
    At its business meeting on January 31, 2007, the Committee 
on Energy and Natural Resources ordered S. 277 favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on January 31, 2007, by a voice vote of a 
quorum present, recommends that the Senate pass S. 277.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Grand Teton 
National Park Extension Act of 2007.''
    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 as are 
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:

S. 277--Grand Teton National Park Extension Act of 2007

    S. 277 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. 277 would cost less than 
$500,000, mostly for surveys and appraisals. Enacting S. 277 
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 impact on the budgets of state, 
local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
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. 277. 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. 277, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    Because S. 277 is similar to legislation considered during 
the 109th Congress, the Committee did not request Executive 
Agency views on S. 277. The testimony provided by the National 
Park Service at the Subcommittee hearing on S. 2403 in the 
109th Congress follows:

Statement of Sue Masica, Associate Director, Park Planning, Facilities, 
      and Lands, 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. 277, as ordered 
reported.


