29–010

Calendar No. 726

108TH CONGRESS REPORT " SENATE ! 2d Session 108–367

ROCKY MOUNTAIN NATIONAL PARK BOUNDARY 

ADJUSTMENT ACT OF 2004

SEPTEMBER 28, 2004.—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. 2181]

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2181) to adjust the boundary of Rocky Mountain National Park in the State of Colorado, having considered the 

same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

On page 2, line 4, strike ‘‘121/60,467, dated September 12, 2003’’ 

and insert ‘‘121/80,154, dated June 2004’’. 

PURPOSE OF THE MEASURE

The purpose of S. 2181 is to authorize the Secretary of the Interior to enter into a land exchange at Rocky Mountain National 

Park in the State of Colorado. 

BACKGROUND AND NEED

Rocky Mountain National Park was established by Congress on 

January 26, 1915. Encompassing approximately 266,000 acres, the 

spectacular high alpine scenery and abundant wildlife of Rocky 

Mountain National Park attracts over 3 million visitors annually. 

In the 1970’s, hikers and rock climbers began using a private access road near Estes Park, Colorado to reach the Twin Owls trailhead that is located just inside the park boundary and adjacent to 

the MacGregor Ranch. Although the MacGregor Ranch is located 

inside the authorized boundary of the national park it remains in 

private ownership. Over the last 20 years the popularity of the 

Twin Owls trailhead has grown steadily and in recent years overVerDate jul 14 2003 20:07 Oct 04, 2004 Jkt 029010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR367.XXX SR367
2

flow parking from the trailhead has negatively impacted the ranch. 

The increase in traffic on the one-lane access road has affected the 

character of the historic homestead by diminishing the quality of 

the historic scene that visitors to the ranch come to experience. 

For several years the National Park Service (NPS) and the 

MacGregor Ranch have been working to find a solution to the traffic and parking problems. In 2003, based on public participation 

and an environmental assessment, the NPS decided to relocate the 

Twin Owls parking lot to the east end of the MacGregor Ranch, a 

location well away from the historic homestead. Construction of a 

new access road and a larger parking lot for the trailhead is 

planned at the new location. 

In order to enforce NPS regulations on the new access road and 

at the new trailhead the land must be located within the park 

boundary. Under S. 2181 the MacGregor Trust will convey 5.9 

acres of land to the NPS to facilitate the construction and management of the new facilities. In exchange, the MacGregor Trust will 

acquire up to 70 acres from the NPS to be used for the purpose of 

growing hay and cattle. The Secretary of the Interior will reserve 

a conservation easement on the 70 acres that is transferred to the 

MacGregor Trust. S. 2181 is necessary to authorize the land exchange and to adjust the park boundary to include the newly acquired lands. 

LEGISLATIVE HISTORY

S. 2181 was introduced by Senator Campbell on March 9, 2004. 

The Committee on Energy and Natural Resources’ Subcommittee 

on National Parks held a hearing on S. 2181 on July 15, 2004. At 

the business meeting on September 15, 2004, the Committee on 

Energy and Natural Resources ordered S. 2181, as amended, favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in an open 

business session on September 15, 2004, by a unanimous voice vote 

of a quorum present, recommends that the Senate pass S. 2181, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 2181, the Committee adopted a 

technical amendment. The amendment corrects a map reference. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles this bill the ‘‘Rocky Mountain National Park 

Boundary Adjustment Act of 2004.’’ 

Section 2 defines key terms used in the Act. 

Section 3(a)(1) directs the Secretary of the Interior (Secretary) to 

accept conveyance of all right, title and interest in and to non-Federal parcels in exchange for the Federal parcels, as described in 

section 2. 

Paragraph (2) directs the Secretary to complete the land exchange not later than 60 days after an offer is made. 

Paragraph (3) directs the Secretary to reserve a permanent easement to the Federal parcel for the purposes of protecting, preVerDate jul 14 2003 20:07 Oct 04, 2004 Jkt 029010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR367.XXX SR367
3

serving and enhancing the conservation values of the Federal parcel. 

Subsection (b)(1) directs the Secretary to adjust the boundary of 

the Park to reflect the acquisition of the non-Federal parcels described in section 2. 

Paragraph (2) directs the Secretary to manage the non-Federal 

parcels as part of the park in accordance with laws and regulations. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office.

S. 2181—Rocky Mountain National Park Boundary Adjustment Act 

of 2004

S. 2181 would direct the National Park Service (NPS) to convey 

to a private landowner about 70 acres of federal land within the 

boundaries of the Rocky Mountain National Park in exchange for 

about 6 acres of property adjacent to the park. Once acquired by 

the NPS, the new property would be added to the national park 

and developed as an access site. 

Based on information provided by the NPS, CBO estimates that implementing S. 2181 would cost about $1 million over the next 

year or two, subject to the availability of appropriated funds. This 

amount would be used to complete the required land exchange and 

construct facilities such as a parking lot, access road, and a rest 

area on the newly acquired property. Enacting S. 2181 would not 

affect revenues or direct spending. For this estimate, CBO assumes 

that the properties to be exchanged would be determined by NPS 

to be roughly equal in value. 

S. 2181 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 Deborah Reis. 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 

S. 2181. 

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. 2181. 

EXECUTIVE COMMUNICATIONS

On June 24, 2004, the Committee on Energy and Natural Resources requested legislative reports from the Department of the 

4

Interior and the Office of Management and Budget setting forth 

Executive agency recommendations on S. 2181. These reports had 

not been received when this report was filed. The testimony provided by the Department of the Interior at the Subcommittee hearing on S. 2181 follows:

STATEMENT OF A. DURAND JONES, DEPUTY DIRECTOR, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the views of the Department of the Interior on S. 2181, a 

bill to adjust the boundary of Rocky Mountain National 

Park in the State of Colorado. The Department supports S. 

2181 with a technical amendment to update the map reference. This bill would direct the Secretary of the Interior 

to proceed with a land exchange involving Federal land 

within Rocky Mountain National Park and private lands 

owned by the MacGregor Ranch, located near Estes Park, 

Colorado. This exchange would allow the park to address 

significant access issues to improve public access to the 

park while protecting the private property rights of landowners. The Secretary would receive title to three parcels 

of vacant land encompassing approximately 6 acres. Two of 

the parcels are located within the authorized boundary of 

Rocky Mountain National Park. This legislation would authorize a boundary adjustment to include the third parcel 

within the park boundary. In exchange for the three parcels, the Secretary would convey up to 70 acres of Federal 

land to the MacGregor Ranch. As a condition of the land 

exchange, the Secretary would reserve a perpetual easement on the Federal parcel for the purposes of protecting, 

preserving and enhancing the conservation values of the 

Federal parcel. The parcel conveyed to the MacGregor 

Ranch will remain within the authorized boundary of the 

park, and will be used as an irrigated hay meadow and for 

grazing cattle. 

Rocky Mountain National Park was established by Congress on January 26, 1915, for the benefit and enjoyment 

of the people of the United States and to protect the natural conditions and scenic beauties of this portion of the 

Rocky Mountains. The park currently encompasses approximately 266,000 acres and has some of the most beautiful mountain scenery to be found anywhere in our country. Each year the park draws over 3 million visitors. 

The MacGregor Ranch was homesteaded in 1873, which 

predates the establishment of Rocky Mountain National 

Park. In 1917, shortly after the establishment of the national park, the National Park Service built a residence for 

park employees just inside the park boundary, with access 

via a one lane dirt road which crosses the MacGregor 

Ranch for about 3⁄4 of a mile. This access was provided 

with the permission of the MacGregor family, but no easement, right-of-way, or other legal document was ever recorded. 

5

The MacGregor Ranch is listed on the National Register 

of Historic Places and is owned by the charitable Muriel 

MacGregor Trust. The mission of the Trust is to support 

youth education through the preservation and interpretation of the historic buildings and educational tours of this 

working high mountain cattle ranch. In 1980, the boundary of Rocky Mountain National Park was amended to include much of the MacGregor Ranch, and in 1983 the National Park Service purchased a conservation easement 

covering 1,221 acres of the ranch. While much of the ranch 

is located within the authorized boundary of the national 

park, it remains private property. 

In the early 1970’s, hikers and rock climbers began 

using the access road through the MacGregor Ranch to 

reach a small parking lot located just inside the park 

boundary. Known as the Twin Owls trailhead, the popularity of the area has grown steadily. In recent years, overflow parking has negatively impacted the ranch, and traffic on the one-lane access road has negatively affected the 

character of the historic homestead and has diminished 

the quality of the historic scene that visitors to the ranch 

come to experience. 

For several years, the National Park Service and the 

MacGregor Ranch have been working to find a solution to 

the traffic and parking problems. Several Environmental 

Assessments have been prepared to examine various alternatives and gather public input. In 2003, based on public 

input and an Environmental Assessment, the National 

Park Service decided to relocate the Twin Owls parking lot 

to the east end of the MacGregor Ranch, some distance 

away from the historic homestead. A new access road and 

a larger trailhead parking lot that can accommodate 80 to 

100 cars will be built at the new location. 

So that the rules and regulations governing Rocky 

Mountain National Park can be enforced at the new trailhead and along the access road, the land needs to be incorporated into the national park. To accomplish this, the 

MacGregor Trust and the National Park Service have 

agreed to a land exchange. The three parcels acquired by 

the National Park Service will be used for the development 

of the new parking lot and access road. The conveyance of 

up to 70-acres of Federal land to the MacGregor Ranch 

with a conservation easement will ensure that the property is used solely for ranching. 

No appraisals have been done on the properties to be included in the land exchange; however, the National Park 

Service believes that the lands are of comparable value. It 

is estimated that the cost of the exchange could be approximately $13,000, which includes an environmental site 

assessment and other closing costs. 

The estimated development cost for the parking lot, access road, vault toilet, connector trail and related improvements is $800,000. Rocky Mountain National Park has already programmed the funds for this development from 

80% Fee Demonstration and National Parks Pass reveVerDate jul 14 2003 20:07 Oct 04, 2004 Jkt 029010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR367.XXX SR367
6

nues. Annual operating costs are not expected to increase 

as the new development is replacing existing facilities and 

employs sustainable design principles. 

That concludes my prepared statement, Mr. Chairman. 

I would be pleased to answer any questions you or members of the committee may have. 

Proposed Amendment: 

Page 2, line 4 strike ‘‘121/60,467, dated September 12, 

2003.’’ and insert ‘‘121/80,154, dated June 2004.’’.

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. 2181 as ordered reported.

Æ