[House Report 107-215]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-215
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VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE ACT
_______
September 24, 2001.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2385]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2385) to convey certain property to the city of St.
George, Utah, in order to provide for the protection and
preservation of certain rare paleontological resources on that
property, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virgin River Dinosaur Footprint
Preserve Act''.
SEC. 2. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE.
(a) Authorization for Grant To Purchase Footprint Preserve.--As soon
as is practicable after the date of the enactment of this Act, if the
City agrees to the conditions set forth in subsection (b), the
Secretary of the Interior may award to the City a grant equal to the
lesser of $500,000 or the fair market value of up to 10 acres of land
(and all related facilities and other appurtenances thereon) generally
depicted on the map entitled ``Proposed Virgin River Dinosaur Footprint
Preserve'', numbered 09/06/2001-A, for purchase of that property.
(b) Conditions of Grant.--The grant under subsection (a) shall be
made only after the City agrees to the following conditions:
(1) Use of land.--The City shall use the Virgin River
Dinosaur Footprint Preserve in a manner that accomplishes the
following:
(A) Preserves and protects the paleontological
resources located within the exterior boundaries of the
Virgin River Dinosaur Footprint Preserve.
(B) Provides opportunities for scientific research in
a manner compatible with subparagraph (A).
(C) Provides the public with opportunities for
educational activities in a manner compatible with
subparagraph (A).
(2) Reverter.--If at any time after the City acquires the
Virgin River Dinosaur Footprint Preserve, the Secretary
determines that the City is not substantially in compliance
with the conditions described in paragraph (1), all right,
title, and interest in and to the Virgin River Dinosaur
Footprint Preserve shall immediately revert to the United
States, with no further consideration on the part of the United
States, and such property shall then be under the
administrative jurisdiction of the Secretary of the Interior.
(3) Conditions to be contained in deed.--If the City attempts
to transfer title to the Virgin River Dinosaur Footprint
Preserve (in whole or in part), the conditions set forth in
this subsection shall transfer with such title and shall be
enforceable against any subsequent owner of the Virgin River
Dinosaur Footprint Preserve (in whole or in part).
(c) Cooperative Agreement and Assistance.--
(1) Cooperative agreement.--The Secretary shall enter into a
cooperative agreement with the City for the management of the
Virgin River Dinosaur Footprint Preserve by the City.
(2) Assistance.--The Secretary may provide to the City--
(A) financial assistance, if the Secretary determines
that such assistance is necessary for protection of the
paleontological resources located within the exterior
boundaries of the Virgin River Dinosaur Footprint
Preserve; and
(B) technical assistance to assist the City in
complying with subparagraphs (A) through (C) of
subsection (b)(1).
(3) Additional grants.--
(A) In general.--In addition to funds made
available under subsection (a) and paragraph
(2) of this subsection, the Secretary may
provide grants to the City to carry out its
duties under the cooperative agreement entered
into under paragraph (1).
(B) Limitation on amount; required non-
federal match.--Grants under subparagraph (A)
shall not exceed $500,000 and shall be provided
only to the extent that the City matches the
amount of such grants with non-Federal
contributions (including in-kind
contributions).
(d) Map on File.--The map shall be on file and available for public
inspection in the appropriate offices of the Department of the
Interior.
(e) Definitions.--For the purposes of this section, the following
definitions apply:
(1) City.--The term ``City'' means the city of St. George,
Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Virgin river dinosaur footprint preserve.--The term
``Virgin River Dinosaur Footprint Preserve'' means the property
(and all facilities and other appurtenances thereon) described
in subsection (a).
PURPOSE OF THE BILL
The purpose of H.R. 2385 is to convey certain property to
the City of St. George, Utah, in order to provide for the
protection and preservation of certain rare paleontological
resources on that property, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
In February of 2000, dinosaur tracks, taildraggings, and
skin imprints of unprecedented quality dating as far back as
the Jurassic Period were discovered on private land near St.
George, Utah, during excavation activities. These extraordinary
paleontological resources have been touted by scientists in the
field as some of the most significant that have been discovered
in decades because of the clarity and completeness of the
imprints.
Since the discovery, over 140,000 people from all 50 states
and at least 54 foreign countries have visited the site. While
the city and private land owners have worked together to try to
protect these valuable resources while still allowing public
access, there is a lack of adequate infrastructure or
facilities to accommodate the large crowds. Surrounding streets
and neighborhoods area are often clogged with visitors and
vehicular traffic.
The preservation of these valuable resources is also in
jeopardy. The fragile sandstone in which the impressions have
been made is susceptible to the heat and wind typical of the
Southern Utah climate, and rain is nearly catastrophic for
quickly eroding unearthed impressions. At present, only a
temporary open-sided roof structure stands between uncovered
imprints and the elements.
H.R. 2385, as ordered reported, would provide a grant from
the Department of Interior of up to $500,000 to the City of St.
George to purchase up to 10 acres at fair market value from the
private landowner for the purposes of preserving the specified
land and paleontological resources. The grant would be subject
to a cooperative management agreement between the Department of
Interior and the city. Up to $500,000 in additional funds from
the Department would be authorized to assist the city in
meeting its responsibilities under the agreement, provided that
the city fully match any federal assistance dollar for dollar
with non-federal sources. The bill also authorizes the
Department to provide technical assistance to the city.
COMMITTEE ACTION
H.R. 2385 was introduced on June 28, 2001, by Congressman
James Hansen (R-UT) and referred to the Committee on Resources.
On July 5, 2001, the bill was referred to the Subcommittee on
National Parks, Recreation, and Public Lands. On July 26, 2001,
the Subcommittee held a hearing on the bill. On July 31, 2001,
the Subcommittee met to mark up the bill. Congressman Joel
Hefley (R-CO) offered an amendment in the nature of a
substitute that: (1) authorized only the Secretary of Interior
to purchase the property cited in the bill; (2) increased the
time the Secretary will have to purchase the property to 60
days; (3) required the property to be purchased at fair market
value; (4) reduced the number of acres for possible purchase to
ten, and (5) reverts the property to the Federal government
should the city not manage the property as prescribed by the
legislation. The amendment was adopted by voice vote. The bill,
as amended, was then forwarded to the Full Committee by voice
vote. On September 12, 2001, the Full Resources Committee met
to consider the bill. Congressman Joel Hefley offered an
amendment in the nature of a substitute that authorized the
Secretary of Interior to grant up to $500,000 to the City of
St. George, Utah, to acquire the property directly, subject to
certain conditions. The amendment was adopted by voice vote.
The bill, as amended, was then ordered favorably reported to
the House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3, of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to convey certain property to the
City of St. George, Utah, in order to provide for the
protection and preservation of certain rare paleontological
resources on that property.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 18, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2385, the Virgin
River Dinosaur Footprint Preserve Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2385--Virgin River Dinosaur Footprint Preserve Act
H.R. 2385 would authorize the Secretary of the Interior to
provide up to $500,000 to the city of St. George, Utah, to
allow that city to purchase certain privately owned lands that
contain paleontological resources. The bill would direct the
Secretary to enter into a cooperative agreement with the city
to manage those lands and resources and would authorize the
Secretary to provide up to $500,000 in additional funds to help
the city meet its responsibilities under that agreement,
provided that the city fully match any federal assistance. The
bill also would authorize the Secretary to provide other
financial and technical assistance to help the city to preserve
and protect the resources.
Based on information from the Department of Justice of the
Interior, CBO estimates that implementing H.R. 2385 would cost
$1 million during fiscal year 2002, assuming appropriation of
the specified amounts. CBO also estimates that providing
additional financial or technical assistance would not
significantly increase the department's costs in any given
year.
H.R. 2385 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 assistance authorized by this bill would benefit the city
of St. George. Any costs incurred by that or other governments
to match federal funds or comply with other conditions of
assistance would be voluntary.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.