STATEMENT OF D. THOMAS ROSS, ASSISTANT DIRECTOR, RECREATION
AND CONSERVATION, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR,
BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF THE SENATE COMMITTEE ON ENERGY
AND NATURAL RESOURCES, CONCERNING S. 677, TO REVISE THE BOUNDARY OF THE BLACK
CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL CONSERVATION
AREA IN THE STATE OF COLORADO, AND FOR OTHER PURPOSES.
June 10, 2003
Mr. Chairman, thank you for the opportunity to present the Department of the
Interior's views on S. 677, a bill to revise the boundary of the Black Canyon
of the Gunnison National Park and Gunnison Gorge National Conservation Area
in the State of Colorado, and for other purposes.
The Department of the Interior supports S. 677 with minor amendments to the
legislation. The bill authorizes additions to both Black Canyon of the Gunnison
National Park ("Park"), through three separate easement or exchange
transactions, and Gunnison Gorge National Conservation Area ("NCA").
The revision of the national park boundary would not contribute to the National
Park Service ("NPS") maintenance backlog because the management
and operation of the land added to the boundary would not result in any additional
facilities, increased operating costs, or additional staffing. Costs involved
with the land transactions are expected to be minimal. One transaction would
involve the purchase of a conservation easement on 26.5 acres, estimated to
cost $100,000; however, there is the possibility the owner might donate all
or a portion of the value. A second transaction would include an equal value
exchange. The third involves the transfer of 480 acres of isolated Bureau
of Land Management (BLM) land to the NPS and then the exchange of this parcel
for a conservation easement on approximately 2,000 acres. The landowner has
stated he is willing to donate any difference in value.
S. 677 amends the Black Canyon of the Gunnison National Park and Gunnison
Gorge National Conservation Area Act of 1999 (Public Law 106-76). The boundary
of the park would be revised to include the addition of not more than 2,530
acres and the National Conservation Area (NCA) would be expanded by approximately
7,100 acres. These additions are reflected on a new map, dated April 2, 2003,
which supplements the boundary map referenced in P.L. 106-76
The bill authorizes the transfer of 480 acres of BLM land to the jurisdiction
of NPS. The Secretary is authorized to acquire lands or interests in lands
in accordance with P.L. 106-76 (by donation, transfer, purchase with donated
or appropriated funds, or exchange) and lands cannot be acquired without the
consent of the owner.
S. 677 also amends P.L. 106-76 to clarify grazing privileges within the park.
If land authorized for grazing within the park is exchanged for private land,
then any grazing privileges would transfer to the private land that is acquired.
Also, the bill clarifies the length of time that grazing may be conducted
on park lands by partnerships.
Black Canyon of the Gunnison National Park
The boundary of the park would be expanded in three transactions. The first,
locally referred to as Sanburg II, is located just south of Red Rock Canyon,
one of the most scenic hiking opportunities into the Black Canyon of the Gunnison.
The landowner agrees with the NPS that maintaining the rural character adjacent
to the Red Rock Canyon trailhead is an important part of the wilderness experience.
The landowner has previously sold conservation easements in this area (authorized
by P.L. 106-76 and a minor boundary revision) to The Conservation Fund, who
subsequently sold to NPS. Once acquisition of a conservation easement on this
26.5 acre parcel is conveyed, the rural character of the Red Rock Canyon gateway
will be insured.
The second, the proposed Bramlett transaction, would authorize the exchange
of a 200-acre parcel of the Bramlett Ranch located on Grizzly Ridge, which
overlooks the North Rim Road and North and South Rim overlooks. Although the
landowner has proposed building cabins on the ridge top, he is willing to
exchange this 200-acre parcel for land of equal value within the park and
adjacent to his ranch headquarters. The equal value exchange would give the
landowner land with easier access, and would add the ridgeline parcel to the
park, thus protecting the natural landscape in that portion of the park.
The third boundary adjustment, the Allison exchange, is located along the
East Portal Road, on the park's south rim. The landowner would exchange a
combination of fee simple ownership and a conservation easement on up to 2,000
acres in return for fee simple ownership of up to 480 acres of the BLM parcel
that would be transferred to NPS. The landowner has indicated that he would
protect this parcel with a conservation easement should he acquire it. He
has also indicated that he would donate any value above and beyond the value
represented in the exchange.
The Department believes these acquisitions are important for several reasons.
Combined with the land authorized by P.L. 106-76, the present and future land
requirements for the park would be met. The present landowners are all willing
sellers and in addition to them, this effort enjoys the support of the Montrose
County Commissioners, the Montrose Chamber of Commerce, and local and national
land trusts involved in the project.
S. 677 would also amend P.L. 106-76 regarding grazing within the park. P.L.
106-76 allowed for the continuation of grazing on the former BLM lands transferred
to the NPS. Permits held by individuals can be renewed through the lifetime
of the individual permittees. However, P.L. 106-76 requires that partnerships
and corporations be treated alike regarding the termination of grazing permits.
Partnerships and corporations now lose their permits upon the termination
of the last remaining individual permit.
S. 677 would amend P.L. 106-76 to treat partnerships similarly to individual
permit holders, allowing permits to be renewed through the lifetime of the
partners as of October 21, 1999. Since the two partnerships affected are essentially
family run ranching operations, the Department feels that they should be treated
consistently with individual permit holders.
S. 677 would also allow grazing on land acquired in an exchange if the land
being given up in the exchange currently has authorized grazing. This appears
to be consistent with the intent of Congress when it authorized grazing in
Public Law 106-76.
Gunnison Gorge National Conservation Area
S. 677 also provides for the expansion of the Gunnison Gorge NCA managed by
the BLM. A 5,759-acre parcel of land on the north side of the existing NCA
was acquired in January 2000 from a willing seller through a land exchange.
This acquisition was not completed in time to include the lands within the
original NCA boundary. This parcel includes approximately five miles of the
Gunnison River and provides important resource values and recreational opportunities.
In addition, 1,349 acres of preexisting BLM-managed public lands adjacent
to the acquisition would also be added to the NCA. The addition of these BLM
lands will create a more manageable NCA boundary and provide appropriate protection
and management emphasis for this area's resources.
The legislation also makes some minor boundary adjustments to the NCA. In
the process of completing surveys of the lands designated as the NCA by P.L.
106-76, the BLM discovered a few inadvertent trespass situations on the NCA
land. In order to resolve these issues with the local landowners in a fair
and equitable manner, slight boundary modifications need to be made so that
exchanges can be effected. Without the benefit of this legislation, the BLM
would be forced to take extreme punitive measures which are not in the best
interest of the federal government or local landowners who previously were
unaware of the encroachment issues.
Water Delivery Facilities
With the passage of Public Law 106-76 the Uncompahgre Valley Water Users Association
expressed concern that access to water and related facilities might be limited.
S. 677 clarifies that the Bureau of Reclamation will retain jurisdiction over
and access to all land, facilities, and roads in the East Portal and Crystal
Dam areas for the maintenance, repair, construction, replacement, and operation
of any facilities relating to the delivery of water and power.
We believe that the bill, as introduced, has a couple of confusing and unneeded sections. We have recommended some language to clarify these sections and request that S. 677 be amended to reflect these changes. Specifically, Section 4 (b) of the bill is repetitive of Section 5(a)(2) of Public Law 106-76. P.L. 106-76 states the methods by which the NPS may acquire lands and already requires that acquisition may only occur with willing sellers. We believe Sec. 4(b) of the bill will result in confusion when the language is enacted and codified. Therefore, we recommend eliminating this duplicative language. The proposed amendments are attached to the testimony.
That concludes my testimony. I would be glad to answer any questions that
you or the members of the subcommittee may have.
Technical and clarifying amendments to S. 677, Black Canyon of the Gunnison
and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003
On page 2, line 13, strike "2,725 acres" and insert "2,530 acres"
On page 2, line 16, strike "dated January 21, 2003" and insert "dated April 2, 2003"
On page 2, strike lines 21 and 22, and insert "(1) by striking "Upon enactment of this title, the Secretary shall transfer" and inserting the following:"
On page 2, strike line 24, and insert "(A) IN GENERAL.-On enactment of this title, the Secretary shall transfer".
On page 2, strike lines 25 and 26, and insert "(2) by adding after the first sentence of subsection (b)(1)(A), as amended by paragraph (1), the following:"
On page 3, strike line 11, and insert "(3) by striking "The Secretary shall administer" and inserting "(2) AUTHORITY.-The Secretary shall administer".
On page 5, line 5, by striking "(a) Authority to Acquire Lands."-and
On page 5, by striking lines 10 through 18.
On page 6, line 9, strike "dated January 21, 2003" and insert "dated April 2, 2003"
On page 6, by striking lines 11 through 22 and insert
"The Commissioner of Reclamation shall have access to and retain administrative jurisdiction over the Crystal Dam Access Road and land, facilities, and roads of the Bureau of Reclamation in the East Portal area, including the Gunnison Tunnel, and the Crystal Dam area, as depicted on the maps identified in section 4 of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 and section 2(a)(2) of this Act for the maintenance, repair, construction, replacement, and operation of any facilities relating to the delivery of water and power under the jurisdiction of the Bureau."