Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      115-470

======================================================================



 
   TO MODIFY THE BOUNDARY OF VOYAGEURS NATIONAL PARK IN THE STATE OF 
                   MINNESOTA, AND FOR OTHER PURPOSES

                                _______
                                

 December 18, 2017.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1350]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1350) to modify the boundary of Voyageurs 
National Park in the State of Minnesota, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1350 is to modify the boundary of 
Voyageurs National Park in the State of Minnesota.

                  Background and Need for Legislation

    Voyageurs National Park, established in 1975, is a 218,200-
acre national park located on the northern edge of Minnesota's 
border with Canada. The name Voyageurs commemorates the French-
Canadian fur traders who were the first European settlers to 
frequently travel through the area. The Kabetogama Peninsula, 
which lies entirely within the Park and makes up most of its 
land area, is accessible only by boat. The Park is notable for 
its remarkable water resources and islands and is popular with 
canoeists, kayakers, other boaters, and fishermen.
    The Bureau of Land Management (BLM) currently manages lands 
within the boundaries of the Park that were not transferred to 
the National Park Service (NPS) when the Park was established. 
H.R. 1350 formally transfers these BLM lands to the NPS. 
Enactment of the legislation is expected to save agency time 
and taxpayer money by eliminating duplicative land management. 
In addition, this legislation resolves an outstanding land 
management issue faced by the State of Minnesota and 
Koochiching County by authorizing a land exchange between the 
State of Minnesota and NPS for certain State tax-forfeited 
tracts within the boundaries of Voyageurs National Park for an 
NPS-owned tract outside the Park boundary.

                            Committee Action

    H.R. 1350 was introduced on March 2, 2017, by Congressman 
Richard M. Nolan (D-MN). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On December 12, 2017, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent on December 13, 
2017.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 18, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1350, a bill to 
modify the boundary of Voyageurs National Park in the State of 
Minnesota, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 1350--A bill to modify the boundary of Voyageurs National Park in 
        the State of Minnesota, and for other purposes

    H.R. 1350 would authorize the National Park Service (NPS) 
to acquire and integrate new lands into the Voyageurs National 
Park in Minnesota through land exchanges with the state and 
local governments that own land within or adjacent to the 
park's boundaries. (Under current law, the federal government 
can only acquire lands from state or local governments through 
donation.) The bill also would authorize the transfer of 
administrative jurisdiction over certain lands within the park 
from the Bureau of Land Management to the NPS.
    CBO expects that the properties to be exchanged by the NPS 
and the state and local governments under H.R. 1350 would be 
roughly equal in value. If the appraisals indicate that the 
parcels' values are different, however, existing law requires 
that the party receiving the more valuable land provide a cash 
equalization payment. If the NPS were to acquire land of a 
higher value than the federal land exchanged, CBO expects that 
the NPS would make a cash payment. Using information from the 
NPS, CBO expects that any costs to make any cash payment and to 
administer lands affected by the bill would not exceed $500,000 
in any year; such spending would be subject to the availability 
of appropriated funds.
    Enacting H.R. 1350 could affect direct spending; therefore; 
pay-as-you-go procedures apply. Under the bill, if the NPS were 
to acquire land of a lower value than the federal land 
exchanged, the NPS would receive a cash payment to equalize the 
values; any such payments would be recorded as offsetting 
receipts, which are treated as reductions in direct spending. 
Using information from the NPS, however, CBO estimates that any 
such payment would not exceed $500,000 in any year. Enacting 
H.R. 1350 would not affect revenues.
    CBO estimates that enacting H.R. 1350 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1350 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On April 7, 2017, CBO transmitted a cost estimate for S. 
502 as ordered reported by the Senate Committee on Energy and 
Natural Resources on March 30, 2017. The bills are similar, and 
CBO's estimates of the budgetary effects are the same.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. 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 modify the boundary of Voyageurs 
National Park in the State of Minnesota.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           PUBLIC LAW 91-661


AN ACT To authorize the establishment of the Voyageurs National Park in 
            the State of Minnesota, and for other purposes.



           *       *       *       *       *       *       *
  Sec. 102. (a) Except as provided in subsection (b) of this 
section, the park shall include the lands and waters within the 
boundaries as generally depicted on [the drawing entitled ``A 
Proposed Voyageurs National Park, Minnesota,'' numbered LXPMJV-
VOYA-1001, dated February 1969] the map entitled ``Voyageurs 
National Park, Proposed Land Transfer & Boundary Adjustment'', 
numbered 172/80,056, and dated June 2009 (22 sheets), which 
shall be on file and available for public inspection in the 
offices of the National Park Service, Department of the 
Interior. Within one year after acquisition of the lands owned 
by the State of Minnesota and its political subdivisions within 
the boundaries of the park the Secretary shall affix to such 
[drawing] map an exact legal description of said boundaries. 
The Secretary may revise the boundaries of the park from time 
to time by publishing in the Federal Register a revised 
[drawing] map or other boundary description, by more than one 
thousand acres, but such revisions shall not increase the land 
acreage within the park by more than one thousand acres.
  (b)(1) In addition to such revisions as the Secretary may 
make in the boundaries of the park from time to time pursuant 
to other provisions of law, the Secretary may, according to the 
provisions of subsection (a)--
          (A) delete approximately 782 acres in the Neil Point 
        area of the park;
          (B) add approximately 180 acres in the Black Bay 
        Narrows areas of the park;
          (C) add approximately 18.45 acres owned by the State 
        of Minnesota at the Kabetogama Forestry Station;
          (D) add approximately 120 acres owned by the State of 
        Minnesota, being a strip of land through that portion 
        of section 1, township 68 north, range 20 west, fourth 
        principal meridian, which is parallel to and 400 feet 
        on both sides of the unimproved road extending 
        northward from the Ash River Trail as such road crosses 
        each section; and
          (E) subject to the provisions of paragraph (21, 
        delete approximately 1,000 acres at Black Bay and 
        convey such lands to the State of Minnesota.All of the 
        aforementioned boundary changes if accomplished shall 
        be accomplished such that the boundary of the park 
        shall conform to that generally depicted on the drawing 
        entitled ``Boundary, Voyageurs National Park, United 
        States Department of the Interior, National Park 
        Service'', numbered 172-80, OO8-MWR, and dated November 
        1981, which shall be on file and available for public 
        inspection in the offices of the National Park Service, 
        Department of the Interior.
  (2) The Secretary may not delete or convey the lands referred 
to in paragraph (l)(E) unless, prior to or simultaneously with 
such deletion or conveyance and in consideration of such 
conveyance, the State of Minnesota--
          (A) tenders a conveyance of the lands described in 
        [paragraph (1)(C) and (D)] subparagraphs (C) and (D) of 
        paragraph (1) to the United States by such instrument 
        and in such manner as are satisfactory to the 
        Secretary, including but not limited to lease or 
        easement: Provided, That if the interest conveyed is a 
        lease or easement, the State of Minnesota shall 
        substitute therefore a transfer of all right, title, 
        and interest in the land by June 30, 1987: Provided 
        further, That if the State does not transfer all right, 
        title, and interest in such lands by June 30, 1987, the 
        land described in [paragraph 1(E)] paragraph (1)(E) 
        shall revert to the United States for administration by 
        the Secretary as part of the park; and
          (B) enters into a recordable agreement satisfactory 
        to the Secretary which provides that--
                  (i) the State has established a wildlife 
                management area in the area authorized to be 
                deleted and conveyed to the State by paragraph 
                (l)(E);
                  (ii) the State has prepared a plan acceptable 
                to the Secretary to manage all the waters of 
                and State lands riparian to Black Bay 
                (including all of the State-owned lands and 
                waters of Rainy Lake) to preserve the natural 
                resources of the area so as to complement to 
                the fullest extent possible the purposes for 
                which the park was established;
                  (iii) the State shall not transfer any right, 
                title, or interest in, or control over, any 
                land described in paragraph (l)(E) to any 
                person other than the Secretary; and
                  (iv) the State shall permit access by the 
                Secretary at reasonable times to the land 
                described in paragraph (l)(E).
  (3) If at any time the State fails to comply with the 
material requirements of the agreement referred to in paragraph 
(2)(B), all right, title, and interest in the land described in 
paragraph (1)(E) shall revert to the United States for 
administration by the Secretary as part of the park. Such 
reversion shall take effect upon the delivery by the Secretary 
of notice to the State respecting such failure to comply 
without further notice or requirement for physical entry by the 
Secretary unless an action for judicial review is brought in 
the United States Court of Appeals for the appropriate circuit 
within ninety days following such notice. In any such action 
the court may issue such orders as are appropriate to carry out 
the requirements of this subsection.

                           [LAND ACQUISITION

  [Sec. 201. (a) The Secretary]

SEC. 201. LAND ACQUISITIONS.

  (a) Authorization.--
          (1) In general.--The Secretary may acquire lands or 
        interests therein within the boundaries of the park by 
        donation, purchase with donated or appropriated funds, 
        or exchange. [When any tract of land is only partly 
        within such boundaries]
          (2) Certain portions of tracts._
                  (A) In general._In any case in which only a 
                portion of a tract of land is within the 
                boundaries of the park, the Secretary may 
                acquire all or any portion of the land outside 
                of such boundaries in order to minimize the 
                payment of severance costs. [Land so acquired]
                  (B) Exchange._
                          (i) In general._Any land acquired 
                        pursuant to subparagraph (A)  outside 
                        of the park boundaries may be exchanged 
                        by the Secretary for non-Federal lands 
                        within the park boundaries. [Any 
                        portion]
                          (ii) Portions not exchanged._Any 
                        portion  of land acquired outside the 
                        park boundaries and not utilized for 
                        exchange shall be reported to the 
                        General Services Administration for 
                        disposal under the Federal Property and 
                        Administrative Services Act of 1949 (63 
                        Stat. 377), as amended. [Any Federal 
                        property]
                  (C) Transfers of federal property._Any 
                Federal property  located within the boundaries 
                of the park may be transferred without 
                consideration to the administrative 
                jurisdiction of the Secretary for the purposes 
                of the park. [Lands within the boundaries of 
                the park owned by the State of Minnesota, or 
                any political subdivision thereof, may be 
                acquired only by donation.]
                  (D) Administrative jurisdiction._Effective 
                beginning on the date of enactment of this 
                subparagraph, there is transferred to the 
                National Park Service administrative 
                jurisdiction over--
                          (i) any land managed by the Bureau of 
                        Land Management within the boundaries 
                        of the park, as depicted on the map 
                        described in section 102(a); and 
                          (ii) any additional public land 
                        identified by the Bureau of Land 
                        Management as appropriate for transfer 
                        within the boundaries of the park. 
                  (E) Land owned by state._
                          (i) Donations and exchanges._Any land 
                        located within or adjacent to the 
                        boundaries of the park that is owned by 
                        the State of Minnesota (or a political 
                        subdivision of the State) may be 
                        acquired by the Secretary only through 
                        donation or exchange. 
                          (ii) Revision._On completion of an 
                        acquisition from the State under clause 
                        (i), the Secretary shall revise the 
                        boundaries of the park to reflect the 
                        acquisition. 
  [(b) In exercising his] (b)  Offers by Individuals._In 
exercising the  authority to acquire property under this 
section, the Secretary shall give immediate and careful 
consideration to any offer made by any individual owning 
property within the park area to sell such property to the 
Secretary. In considering such offer, the Secretary shall take 
into consideration any hardship to the owner which might result 
from any undue delay in acquiring his property.

           *       *       *       *       *       *       *


                                  [all]