II

Calendar No. 175

107TH CONGRESS

1ST SESSION S. 1105

[Report No. 107–73]

To provide for the expeditious completion of the acquisition of State of

Wyoming lands within the boundaries of Grand Teton National Park,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 26, 2001

Mr. THOMAS (for himself and Mr. ENZI) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

OCTOBER 1, 2001

Reported by Mr. BINGAMAN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the expeditious completion of the acquisition

of State of Wyoming lands within the boundaries of

Grand Teton National Park, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1105 RS

1 SECTION 1. SHORT TITLE.

2 This Act mat be cited as the ‘‘Grand Teton National

3 Park Land Exchange Act’’.

4 SEC. 2. DEFINITIONS.

5 (a) The term ‘‘Governor’’ means the Governor of the

6 State of Wyoming.

7 (b) The term ‘‘Secretary’’ means the Secretary of the

8 Department of the Interior.

9 (c) The term ‘‘State lands’’ means the State of Wyo10 ming lands, and interest therein, within the boundaries of

11 Grand Teton National Park as identified on a map titled

12 ‘‘Private, State & County Inholdings Grand Teton Na13 tional Park’’, dated March 2001, and numbered ‘‘GTNP–

14 0001’’.

15 SEC. 3. PURPOSE AND INTENT.

16 The purpose of this Act is to authorize the Secretary

17 to acquire approximately 1,406 acres of State lands and

18 interests therein within the exterior boundaries of Grand

19 Teton National Park.

20 SEC. 4. VALUATION OF INTEREST.

21 (a) IN GENERAL.—Not later than 90 days after the

22 date of enactment of this Act the State lands to be ac23 quired shall be valued by one of the following methods:

24 (1) SELECTION OF APPRAISER.—The Secretary

25 and the Governor shall mutually agree on the selec-
3

S 1105 RS

1 tion of a qualified appraiser to conduct an appraisal

2 of the State lands.

3 (2) NO AGREEMENT ON APPRAISER.—If no ap4 praiser is mutually agreed to under paragraph (a)(1)

5 of this section, the Secretary and the Governor shall

6 each designate a qualified appraiser, and the two

7 designated appraisers shall select a third qualified

8 appraiser to perform the appraisal with the advice

9 and assistance of the designated appraisers.

10 (3) FAILURE OF PROCESS.—If the Secretary

11 and the Governor cannot agree on the evaluation of

12 the appraised State lands by the date that is 180

13 days after the date of enactment of this section the

14 Governor may petition the United States Court of

15 Federal Claims for a determination of the value of

16 the State lands and interest therein. Subject to the

17 right of appeal, a determination by the Court shall

18 be binding for purposes of this section on all parties.

19 SEC. 5. LAND EXCHANGE.

20 (a) DUTIES OF THE SECRETARY.—

21 (1) Within 180 days after the value of the State

22 lands is determined in accordance with the provi23 sions of section 4 of this Act, the Secretary, in con24 sultation with the Governor, shall exchange Federal
4

S 1105 RS

1 lands of equal value or other Federal assets of equal

2 value, or a combination of both, for the State lands.

3 (2) Upon final exchange of title between the

4 State and the Secretary, the lands conveyed to the

5 United States pursuant to this Act shall become

6 part of Grand Teton National Park. Once conveyed,

7 such lands shall be managed in accordance with the

8 Act of August 25, 1916 (commonly known as the

9 ‘‘National Park Service Organic Act’’), and in ac10 cordance with the other laws, rules and regulations

11 applicable to the National Park System.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Grand Teton National

14 Park Land Exchange Act’’.

15 SEC. 2. DEFINITIONS.

16 As used in this Act:

17 (1) The term ‘‘Governor’’ means the Governor of

18 the State of Wyoming.

19 (2) The term ‘‘Federal lands’’ means public

20 lands identified for disposal under approved land use

21 plans (as in effect on the date of enactment of this

22 Act) under section 202 of the Federal Land Policy

23 and Management Act of 1976 (43 U.S.C. 1712).

24 (3) The term ‘‘Secretary’’ means the Secretary of

25 the Department of the Interior.
5

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1 (4) The term ‘‘State lands’’ means the State of

2 Wyoming lands, and interest therein, within the

3 boundaries of Grand Teton National park as identi4 fied on a map titled ‘‘Private, State & County

5 Inholdings Grand Teton National Park’’, dated

6 March 2001, and numbered GTNP–0001.

7 SEC. 3. PURPOSE.

8 The purpose of this Act is to authorize the Secretary

9 to acquire approximately 1,406 acres of State lands and

10 interests therein within the exterior boundaries of Grand

11 Teton National Park.

12 SEC. 4. VALUATION OF INTEREST.

13 Not later than 90 days after the date of enactment of

14 this Act, the State lands to be acquired shall be valued by

15 one of the following methods:

16 (1) SELECTION OF APPRAISER.—The Secretary

17 and the Governor shall mutually agree on the selec18 tion of a qualified appraiser to conduct an appraisal

19 of the State lands.

20 (2) NO AGREEMENT ON APPRAISER.—If no ap21 praiser is mutually agreed to under paragraph (1),

22 the Secretary and the Governor shall each designate

23 a qualified appraiser, and the two designated ap24 praisers shall select a third qualified appraiser to
6

S 1105 RS

1 perform the appraisal with the advice and assistance

2 of the designated appraisers.

3 (3) FAILURE OF PROCESS.—If the Secretary and

4 the Governor cannot agree on the evaluation of the

5 appraised State lands by the date that is 180 days

6 after the date of enactment of this section the Gov7 ernor may petition the United States Court of Fed8 eral Claims for a determination by the Court shall be

9 binding for purposes of this section on all parties.

10 SEC. 5. LAND EXCHANGE.

11 Within 180 days after the value of the state lands is

12 determined in accordance with the provisions of section 4

13 of this Act, the Secretary, in consultation with the Gov14 ernor, shall exchange Federal lands of equal value or other

15 Federal assets of equal value, or a combination of both, for

16 the State lands.

17 SEC. 6. ADMINISTRATION OF ACQUIRED LANDS.

18 Upon final exchange of title between the State and the

19 secretary, the lands conveyed to the United States pursuant

20 to this Act shall become part of Grand Teton National Park.

21 Once conveyed, such lands shall be managed in accordance

22 with the Act of August 25, 1916 (commonly known as the

23 ‘‘National Park Service Organic Act’’) and other laws, rules

24 and regulations applicable to units of the National Park

25 System.

Calendar No. 175

107TH CONGRESS

1ST SESSION S. 1105

[Report No. 107–73]

A BILL

To provide for the expeditious completion of the acquisition of State of Wyoming lands within the

boundaries of Grand Teton National Park, andfor other purposes.

OCTOBER 1, 2001

Reported with an amendment