19–010

Calendar No. 131

108TH CONGRESS REPORT " SENATE ! 1st Session 108–67

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 PowVerDate Jan 31 2003 16:08 Jun 11, 2003 Jkt 019010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR067.XXX SR067
2

ell. 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:

3

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. 

4

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 608/60573a2002 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 

5

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, øThat 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 reVerDate Jan 31 2003 16:08 Jun 11, 2003 Jkt 019010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR067.XXX SR067
6

ferred 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 øone 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. 

* * * * * * *

Æ