[Senate Report 115-64]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 82
115th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      115-64

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



 
   TO MODIFY THE BOUNDARY OF VOYAGEURS NATIONAL PARK IN THE STATE OF 
                   MINNESOTA, AND FOR OTHER PURPOSES

                                _______
                                

                  May 16, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 502]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 502) to modify the boundary of Voyageurs 
National Park in the State of Minnesota, 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. 502 is to modify the boundary of 
Voyageurs National Park in the State of Minnesota to include 
several parcels of land administered by the National Park 
Service (NPS).

                          Background and Need

    Voyageurs National Park (Park) was established in 1975 in 
northern Minnesota near International Falls. The name Voyageurs 
commemorates the French-Canadian fur traders who were the first 
European settlers to frequently travel through the area. The 
Kabetogama Peninsula, which lies entirely within the Park and 
makes up most of its land area, is accessible only by boat. The 
Park is notable for its outstanding water resources and is 
popular with canoeists, kayakers, other boaters, and fisherman. 
Park visitors can obtain information about the Park from the 
three visitor centers, and can view films, see exhibits, and 
learn about and experience the landscape, geology, wildlife, 
plants, and the Park's history.
    The BLM currently administers lands within the boundaries 
of the Park that were not transferred to the NPS when the Park 
was established. S. 502 formally transfers these BLM lands to 
the NPS. Enactment of the legislation is expected to save 
agency time and taxpayer dollars by eliminating the need for 
duplicative land management.
    In addition, this legislation resolves an outstanding land 
management issue faced by the State of Minnesota and 
Koochiching County by authorizing a land exchange between the 
State of Minnesota and the NPS for certain State tax-forfeited 
tracts within the boundaries of Voyageurs National Park with a 
NPS owned tract outside the Park boundary.

                          Legislative History

    Senators Franken and Klobuchar introduced S. 502 on March 
2, 2017.
    On March 2, 2017, an identical bill, H.R. 1350, was 
introduced in the House by Representative Nolan.
    In the 114th Congress, similar legislation, S. 2805, was 
introduced by Senators Franken and Klobuchar on April 14, 2016. 
The Subcommittee on National Parks held a hearing on the bill 
on June 15, 2016. The Committee on Energy and Natural Resources 
met in open business session on July 13, 2016, and ordered S. 
2805 favorably reported as amended (S. Rept. 114-330).
    H.R. 4944, companion legislation to S. 2805, was introduced 
in the House of Representatives by Representative Nolan on 
April 14, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 502 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
502.

                      Section-by-Section Analysis


Section I. Modification of Voyageurs National Park

    Section 1(a) modifies the boundary of Voyageurs National 
Park to reflect the updates incorporated in the map entitled 
``Voyageurs National Park, Proposed Land Transfer & Boundary 
Adjustment,'' numbered 172/80,056, and dated June 2009 (22 
sheets).
    Subsection (b) amends section 201 of Public Law 91-661 to 
transfer administrative jurisdiction over any land currently 
managed by the BLM to the NPS, as depicted on the map, as well 
as any additional public land identified as appropriate for 
transfer by the BLM within the boundaries of the Park. Any land 
located within or adjacent to the boundaries of the park that 
is owned by the State of Minnesota (or a political subdivision 
of the State) may be acquired by the Secretary only through 
donation or exchange. Upon completion of an acquisition from 
the State, the Secretary shall revise the boundary of the park 
to reflect the acquisition.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.
    S. 502 would authorize the National Park Service (NPS) to 
acquire and integrate new lands into the Voyageurs National 
Park in Minnesota through land exchanges with the state and 
local governments that own land within or adjacent to the 
park's boundaries. (Under current law, the federal government 
can only acquire lands from state or local governments through 
donation.)
    CBO expects that the properties to be exchanged under S. 
502 would be roughly equal in value. If the appraisals indicate 
that the parcels' values are different, however, existing law 
requires that the party receiving the more valuable land 
provide a cash equalization payment. If the NPS were to acquire 
land of a higher value than the federal land exchanged, CBO 
expects that the NPS would make a cash payment. Based on 
information provided by the NPS, CBO expects that any costs to 
make any cash payment and to administer lands affected by the 
bill would not exceed $500,000 in any year; such spending would 
be subject to the availability of appropriated funds.
    Enacting S. 502 could affect direct spending; therefore; 
pay-as-you-go procedures apply. Under the legislation, if the 
NPS were to acquire land of a lower value than the federal land 
exchanged, the NPS would receive a cash payment to equalize the 
values; any such payments would be recorded as offsetting 
receipts, which are treated as reductions in direct spending. 
Based on information from the NPS, however, CBO estimates that 
any such payment would not exceed $500,000 in any year. 
Enacting S. 502 would not affect revenues.
    CBO estimates that enacting S. 502 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 502 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 contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, 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. 502. 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. 502, as ordered reported.

                   Congressionally Directed Spending

    S. 502, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    Because S. 502 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the National 
Park Service at the hearing before the Subcommittee on National 
Parks hearing on June 16, 2016, follows:

Statement of Stephanie Toothman, Associate Director, Cultural Resouces, 
 Partnerships, and Science, National Park Service, U.S. 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 a bill to authorize the Secretary of the Interior 
to modify the boundary of Voyageurs National Park (Voyageurs) 
in the State of Minnesota.
    The Department supports S. 2805.
    This bill would allow for the transfer of administrative 
jurisdiction of lands between the National Park Service (NPS) 
and the Bureau of Land Management (BLM). It would also 
authorize the Secretary of the Interior to acquire lands owned 
by the State of Minnesota by donation or exchange.
    Voyageurs National Park is a 218,200-acre national park 
located on the northern edge of Minnesota's border, 15 miles 
east of International Falls, Minnesota. Fifty-five miles of the 
park meanders along the Canadian border with the province of 
Ontario. The park lies in the southern part of the Canadian 
Shield, representing some of the oldest exposed rock formations 
in the world. The surrounding waterways once served as the 
route for the French-Canadian voyageurs.
    The NPS seeks to transfer to the State of Minnesota a 32.79 
acre parcel of NPS managed lands which is outside the park 
boundary. In exchange, Minnesota will transfer to the NPS, 
48.87 acres of State lands within the boundary of the park. 
Additionally the NPS would like to acquire five more parcels of 
land totaling 91 acres owned by the State of Minnesota that are 
within the boundary of the park. This bill authorizes the 
Secretary of the Interior to acquire by donation or exchange 
any land within or adjacent to the boundary of the park that is 
owned by the State of Minnesota, or a political subdivision of 
the State. There have been incidences of activities on some of 
these tracts of state-owned land that are inconsistent with 
park purposes.
    Sixty one (61) BLM land tracts encompassing forty-nine (49) 
acres were not transferred to the National Park Service when 
Voyageurs National Park was established. Without specific 
language directing BLM to transfer ownership of its lands to 
the NPS, the BLM is limited to its existing authority under the 
Federal Land Management Policy Act (FLMPA). FLMPA authorizes 
BLM to transfer management authority over the lands to the 
National Park Service for no more than a twenty-year period and 
permanent transfer of the management of these lands requires 
Congressional action. Transfer of these parcels to the NPS 
would facilitate ease of management for both agencies and 
eliminate any future concerns related to ownership, and other 
administrative issues.
    The cost of managing these boundary revisions and any 
future acquisitions is minimal as there are no structures on 
any of the lands. The park would absorb the minimal cost of 
producing new maps and brochures and signage.
    The BLM, the State of Minnesota and adjacent land owners 
support the boundary modifications in this bill.
    Mr. Chairman, this concludes my testimony. I would be happy 
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 original bill, as 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 91-661

           *       *       *       *       *       *       *



                             ESTABLISHMENT

    Sec. 102. (a) Except as provided in subsection (b) of this 
section, the park shall include the lands and waters within the 
boundaries as generally depicted on [the drawing entitled ``A 
Proposed Voyageurs National Park, Minnesota,'' numbered LNPMW-
VOYA-1001, dated February 1969] the map entitled `Voyageurs 
National Park, Proposed Land Transfer & Boundary Adjustment', 
numbered 172/80,056, and dated June 2009 (22 sheets), which 
shall be on file and available for public inspection in the 
offices of the National Park Service, Department of the 
Interior. Within one year after acquisition of the lands owned 
by the State of Minnesota and its political subdivisions within 
the boundaries of the park the Secretary shall affix to such 
[drawing] map an exact legal description of said boundaries. 
The Secretary may revise the boundaries of the park from time 
to time by publishing in the Federal Register a revised 
[drawing] map or other boundary description, but such revisions 
shall not increase the land acreage within the park by more 
than one thousand acres.
    (b)(1) In addition to such revisions as the Secretary may 
make in the boundaries of the park * * *
          (2) The Secretary may not delete or convey the lands 
        referred to in paragraph (1)(E) unless, prior to or 
        simultaneously with such deletion or conveyance and in 
        consideration of such conveyance, the State of 
        Minnesota--
                  (A) tenders a conveyance of the lands 
                described in [paragraph (1)(C) and (D)] 
                subparagraphs (C) and (D) of paragraph (1) to 
                the United States by such instrument and in 
                such manner as are satisfactory to the 
                Secretary, including but not limited to lease 
                or easement: Provided, That if the interest 
                conveyed is a lease or easement, the State of 
                Minnesota shall substitute therefore a transfer 
                of all right, title, and interest in the land 
                by June 30, 1987: Provided further, That if the 
                State does not transfer all right, title, and 
                interest in such lands by June 30, 1987, the 
                land described in [paragraph 1(E)] paragraph 
                (1)(E) shall revert to the United States for 
                administration by the Secretary as part of the 
                park; and

           *       *       *       *       *       *       *


                           [LAND ACQUISITION


        [Sec. 201. (a) The Secretary]SEC 201. LAND ACQUISITIONS.

    (a) Authorization._
          (1) In general.--The Secretary may acquire lands or 
        interests therein within the boundaries of the park by 
        donation, purchase with donated or appropriated funds, 
        or exchange. [When any tract of land is only partly 
        within such boundaries]
          (2) Certain portions of tracts._
                  (A) In general.--In any case in which only a 
                portion of a tract of land is within the 
                boundaries of the park, the Secretary may 
                acquire all or any portion of the land outside 
                of such boundaries in order to minimize the 
                payment of severance costs. [Land so acquired]
                  (B) Exchange._
                          (i) In general.--Any land acquired 
                        pursuant to subparagraph (A) outside of 
                        the park boundaries may be exchanged by 
                        the Secretary for non-Federal lands 
                        within the park boundaries. [Any 
                        portion]
                          (ii) Portions not exchanged.--Any 
                        portion of land acquired outside the 
                        park boundaries and not utilized for 
                        exchange shall be reported to the 
                        General Services Administration for 
                        disposal under the Federal Property and 
                        Administrative Services Act of 1949 (63 
                        Stat. 377), as amended. [Any Federal 
                        property]
                  (C) Transfers of federal property.--Any 
                Federal property located within the boundaries 
                of the park may be transferred without 
                consideration to the administrative 
                jurisdiction of the Secretary for the purposes 
                of the park. [Lands within the boundaries of 
                the park owned by the State of Minnesota, or 
                any political subdivision thereof, may be 
                acquired only by donation.]
                  (D) Administrative jurisdiction.--Effective 
                beginning on the date of enactment of this 
                subparagraph, there is transferred to the 
                National Park Service administrative 
                jurisdiction over--
                          (i) any land managed by the Bureau of 
                        Land Management within the boundaries 
                        of the park, as depicted on the map 
                        described in section 102(a); and
                          (ii) any additional public land 
                        identified by the Bureau of Land 
                        Management as appropriate for transfer 
                        within the boundaries of the park.
                  (E) Land owned by state.--
                          (i) Donations and exchanges.--Any 
                        land located within or adjacent to the 
                        boundaries of the park that is owned by 
                        the State of Minnesota (or a political 
                        subdivision of the State) may be 
                        acquired by the Secretary only through 
                        donation or exchange.
                          (ii) Revision.--On completion of an 
                        acquisition from the State under clause 
                        (i), the Secretary shall revise the 
                        boundaries of the park to reflect the 
                        acquisition.
    [(b) In exercising his] (b) Offers by Individuals.--In 
exercising the authority to acquire property under this 
section, the Secretary shall give immediate and careful 
consideration to any offer made by any individual owning 
property within the park area to sell such property to the 
Secretary. In considering such offer, the Secretary shall take 
into consideration any hardship to the owner which might result 
from any undue delay in acquiring his property.

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