| Title | S. 27-Canyonlands: Correspondence |
| File Number | 0146_031_003 |
| Description | Correspondence from 1963 related to the bill (S.27) to establish Canyonlands National Park. Includes letters addressed to Senator Henry Jackson, chairman of the Interior Committee from Interior Secretary Stewart Udall, and from Orville Freeman, Secretary of the Department of Agriculture; a report on S. 27 by the Federal Power Commission; a letter from Stewart Udall to Representative Wayne Aspinall, chair of the House Interior and Insular Affairs Committee; and a typescript draft of the bill. |
| Creator | Moss, Frank E., 1911-2003 |
| Date | 1963 |
| Spatial Coverage | Canyonlands National Park, Utah, United States |
| Subject | Moss, Frank E., 1911-2003--Archives; United States--Politics and government; Moss, Frank E., 1911-2003--Correspondence; Canyonlands National Park (Utah)--History |
| Collection Number and Name | Ms0146 Frank E. Moss papers, 1931-1992 |
| Holding Institution | Special Collections, J. Willard Marriott Library, University of Utah |
| Finding Aid | https://archiveswest.orbiscascade.org/ark:80444/xv31054 |
| Genre | typescripts; letters (correspondence); legislation (declaration of laws) |
| Extent | 42 pages |
| Type | Text |
| Format | application/pdf |
| Language | eng |
| Rights | |
| File Name | 0146_031_003.pdf |
| Contributor | Udall, Stewart L.; Jackson, Henry M. (Henry Martin), 1912-1983 |
| ARK | ark:/87278/s6w67bb1 |
| Setname | uum_femp |
| ID | 2737316 |
| OCR Text | Show UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY WASHINGTON 25. D. C. April 2). 196' Dear Senator Jacon: Your Committee has requested a report on S. 27, a bill, "To proVide for establishment of the Canyon1.andsNational plt in the State 9£ Utah, and for other " purposes We strongly l"ecamnend that this bill be enacted, if amended as uggested below. S. 27 would es tabllsh an area of' 257,000 acres along the Green and Colorado lUvers in southeastern -utah as the Canyonlan Wi thin this described area, the Secretary of National Park.. the ,Interior d be authorized to acqUire lands and interests therein by such means as he may deem to be in the public interest, 'including exchange 'for federally owned property of the same The Secretary would be classification in Utah and adjacent states. to administrative action required camplee on.suc transfers within of the is made tor Provision enactment 30 days ,of legislation. of to or the of lands cash values equalize acceptance payment · , ' exchanged. Transfer of administrative jurisdiction over fedeally owned lands within ,the park to the jurisdiction of the Secretary woUld be accomplished Without consideration, and lands ubject to reclamation or power withdrawals would be freed from such withdrawals. The bill would permit the holder of grazing privileges on Federal No lands wi thin the park to renew or extend such privileges. grazing privilege would extend beyond 25 years from the date, of approval ot the bill, except where the holder is the person who held the privilege on the date of approval, or where he is the heir, successor, or assign of such person and a member of such person's immediate family on that date, , ' Under the bill the mining and mineral leasing la.ws WOUld continue to apply to lands within the park, subject to general regulation b7 the Secretary, for a period expiring 25 years fram the date of enactaaent , AuthOrity is provided for the acqusition of' land for and the' construction of entrance roads to the park fran United States 160 and State Routes 24 and 95, including related dministrative headers sites. Route ' The confluence area of the Green and Colorado Rivers in southeastern Utah unqualifiedly merits preservation as a national park. Within this area are three distinct scenic These divisions separated by these two deep-canyoned rivers. are the areas northward, westward, and southeastward from the confluence. The rugged landscape in the areas contain a profusion of impressive red rock canyons, sandstone spires, arches, and other erosive features that may well be of world' wide significance. proposed in S. 27 differ from those suggested by the Department dring the 87th Congress, which aggregated about 330,000 acres. 'In the main, these differences eonsist The boundaries a deletion of land west of the two rivers and portions along the south and north boundar Las We have carefully reviewed these of , newly proposed boundaries in the light of our proposed development plans for the area and, equally important, in the light of out desire to include within the boundaries of the national park the best and most representative features of the area. A careful appraisal, based on all the considerations that must be taken has convinced- the Department that into account in such matters, the boundaries proposed in S. with National Park 27, while minimum, are consistent requirements. Lands within the recommended boundary are predominantly public State-owned, which we would anticipate .acquf.r Lng through exchange. S. 127 would require admi.nistrative action necessary to consummate such exchanges to be completed by In view of the administrative the Secretary within 30 days. determinations and procedures necessary to effect\ an exchange including agreement on land values and the amount of any equalizing We payments, the requirement in S. 27 would appear uru-eakd s t Le therefore recommend taat the bill be amended to delete this requiredomain. The remainder - are ' -' - , 'ment and to remove i_s ambiguous. This to "the same classification", accomplished as follows i the reference can be ; 2 which On page 9, lines 10 tal4, delete' "the ,same"classification and the Secretary shall take administrative action to cOmplete transfer on any lands in a proper application by the State of Utah on or before the expiration' of thirty days' -tollow1!!&-the. date of 'enactaaent of' this Act" and substitute "approxima.tely n equal value: .' , We believe that'section 4 of the bill should be' amended to provide that during'the 25 yee:r period set 'out iil. the bill" only minerals can be patented. We recommend, therefore,· that the following be tuted for section -, ' 4:, sbsti "SEC. 4. Within the Canyonlands' National Park a.ll mineral deposits of the classes and ldnds now 'subject to location, entry, and patent· under the mining laWs , ' , United States , exclusive of the "land containing minerals subj ect to' leasing under the mineral and' them, 'of' the Urii ted States shall, for a period laws leasing ending 25' years follOWing the date of approval of this Aot, be subject to exploration and disposal under such laws, with right of occupation end use of so ch of the surface of the land· as may be reqUired for all' purposes reasonably incident to the mining or removal of the minerals: PrOvided, That the term of, any lease tt 1s granted during such 25 year period may continue thereafter 1n accordance with the applicable provisions of mineral leasing laws: Provided further, That the Secretary of the Interior may prescribe such general regulations for the control of' these activities as he' deems necessary to preserve the scenic, SCientific, and The proviSions ot the recreational values of the area. Act of July 31, 197 (61 Stat. 681), 'as amended, 'shall II have no. application wi thin he Canyonlands National Park. of the ' This prOvision would permit a reasonable period during which valuable'mineral depoat ta may be removed, 'While prOViding a statutory basis for minimal protection of park values during suh peod. Enactment of this legisla.tion,· if amended as herein proposed' would make possible the realization of an outstanding natiorial park opportunity. 'For 'that reason we strongly recommend that . 27, if amended &$ suggested, be enacted. ·3 We are unable at this time to predict the exact expenditures which would be required to accanplish an of 'the object! ves of' a. 27 Our bes t available es timates are included in the • enclosed man-years and cost data statement as required by the Act of July 25, 1956 (70 Stat. 652; 5 u.s.c. 642a)., The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Hon. Heney M. Jackson, Chairman Commi ttee on Interior and Insular Affairs United States Senate Washington 25, D. C. , Enclosure DEPARTMENT OF THE INTERIOR Subject Matter: provide for establishment of Canyonlands National Park in_ the To State of Utah. Estimated Additional Man-Years of Civilian Employment" and Expenditures for the First Five Years:of Proposed New or Expanded Programs 199Y+4 19CY 19CY+l 19CY+2 Superintendent 1 1 1 1 1 Administrative Assistant Clerical and Stenographic 1 1 1 1 1 1 '2 2 2 2 3 4 4 4 4 1 1 '1 1 1 ,1 3 6 10 11 Chief Park Naturalist Naturalist 1 1 1 1 3 3 Engineer Landscape Architect 1 2 1 1 1 19CY+3 EStimated Additional Man-Years of Civilian Employment Total, Executive Direction Substantive Chief Ranger Rangers Laborers and Craftsmen Total, Substantive 1 1 1 2 5 7 9 1 12 4 12: 19 26 30 7 16 23 30 34 Total, Estimated Additional Man-Years of Civilian Enployment Estimated Five-Year EAenditures' and Obligations: 19£!+4 19CYt3- 19CY+2 19CY+l 19CY Estimated Additional Expenditures 44,500 $ Personal Services All Other $ 300,000 94,500 1,050,000 $ 127,500 1,200,000 $ 162,000 1,600,000 $ 181,000 1,100,000 : Total, Estimated Additional Expenditures $ 3l,.4,500 $1,144,500 $1,327,500 *Estimated Oblisations $,261,500 protection & maintenance) * acquiring lands ' wi thin the park boundary. $ 83,000 $1,350,500 Totals No costs involved in $1,281,000 . Development Operations (management, $1,762,000 $ 197;200 $1,881,200 $ 880,500 $1,082,200 170,000 270,000 330,000 967,200 $2,157,200 $1,210,500 ,390,000 ." DEPARTMENT OF AGRICULTURE WASHINGTON 25. D.C. " APR 24 1963 Honorable Henry M. Jacksoll, Chaiman Committee on Interior and Insular Affaira United States Senate Dear Mr. Chairman: This 'is in response to your request of March {i5 19'63, for a report on $. 27, a bill "To provide for the establishment of tbe Canyon lands National Park ill the State of Utah. and fer other purposes. II This Department would bave DO, objecton to the enactment of S. 27 if it is amended as hereiaaiter recommendeci • . The bill would authorize the establishment of some 2S7,OOO acres of land near the confluence of the Colorado and Greea Rivers in San Juan County, Utah, a8 tbe Canyonlands National Park. It would authorize the Secretary of the Interior to acquire lands and interests in lands within the established boundary. Continuation of livestock grazing and mining under regulations of the Secretary of tbe Interior with provisions for their eventaall termination would be authorized. Section 5 of the'bill would authorize" the Secret,ary of the Interior to provide suitable aecs roads to the proposed park and to certain facilities and services required in the operation and administration of the park. The area Wbih would be established as 'the Canyonland. National Park is in remote and generally inaccessible country. The southerly part of the area is 7 miles north of the Abajo Mountain Division of the Manti-LaSal Natioual Forest. Because of this geographical location and the topographical conditions, the connecting road to provide access to the park from State Route 95, as provided in section 5 of the bill, would almost certainly cross National The connecting road between the southern part of Forest lands. the park area and U.S. Higbway 160 might also cross National Forest lands. A connecting access highway to State Route 95 would likely traverse about 30 miles of National Porest lands. Because of the rough topography in the area, this route would of necessity follow the location of pTesent National Poreat road. aDd a proposed Ratioaal 2 Forest recreation way. Construction and adniinistration of a park approach road through thi. area would materially affect use and management' of the Natiot141 Fa,rest. ,Ooll'hel'ciel tran.por,t of timber. livestock, or mineral. normally 1.8 not pomitted ott 'Gl'k.,accesa roads and u8e, of such roads by bunters carrying f1e4rma 18 limitecl. In rough topography sucb as in this area. cros.ing of aeee •• road. to other portions of tbe National Foreat might be,quite limited and use of the Park·access road might be nece.sary'for eEtended lengths to assure proteetio,a of the National roreet and adequate utilization of its There are many attractive Icenic resourcea. and recreation ,areas in the adjacent National Poreat lande which would be 'developed and made acces8ible for the enjoyment of the visiting public and would complement tbe scenic and recreation features within the proposed park. Recreation use along the access road would need to be fully coordinated with recreation use and development in the adjoining National Fore.at areas. We believe that this needed correlatj.oll',of road use and resource development and utilization could be moat effectively and economically accomplished if the proposed Park-.ceese road from State Route 9S northward through the National Forest were administered by the Secret$t.Y of Agriculture. In thi8 way the road could fully aerve both the Nat1._1 Park and the National Forest. with appropriate administrative provi8ions for correlation so that the objective. of both of theae area. would be properly met. National Forest road policies protect scenic and e8tbetic values and we believe fully meet the objectives of the bill for appropriate access to the park. We therefore recommend ame.ndment of the bill to (1) provide £01:' joint study and planning of the location and 8Fecificationa i those portions of Park-entrance road., and of necessary entrance' and related headquarter. aites. within National Fore8t boundar!•• ; and (2) provide for adtainiatration of the' Park -acee •• road from State Route 95 througb the National Foreet by the Secretary of Aid.culture. 1. This can be accompli.hed in the following manner: 12', line 14: Change the priod to a colon and inSert "Provided, the loatlons and specificationa Page of any portions of entrance roads. including nee elsary eqtrance and related administrative bead quarter. sites. within,National Poresta ahall b. jointly determined by the Secretary of Agriculture _ad 'the Secretary of the Interior. I. .\ ''I '8&. 13. line 9: Change the period to • colon and inaert 'l1lat any acceS8 highway from State Ioute 95 "pf)i!ded. the Manti-LaSe1 National Por •• t t the Canyol'l1.nde througb National 'ark .hall upon completion be administered by the Secretary of Agriculture a •• recreational and Icenie highway but witb,provi.lon for aucb other u••••• b. may determine clUpatlbl. therewUb and with due regard for te •. fuDCtion •• ,a ace ••• rOMt. to the Caa,oalaad. Ratlooal ". 'ark. lb. Bu.... of the Iucl&et edv1 ... Cbat tbere 1. 110 objection to the P1: •• nt."o of au. report, f_ t.he •• ndpoint of the AcIId.a1.C ... tloD'e · ,n,I'__ IlMerely JOur., FEDERAL POWER C011llISSION REPORT ON S. 2'7 88th CONGRE.SS - .I A BILL liTo provide for establishment of the Canyonlands National Park in the State of Utah, and for other purposes." Included within the boundaries of the proposed Canyonlands National Park would be certain reaches of the Green and Colorado Rivers in Utah embracing lands withdrawn for power site purposes, having an undeveloped hydraulic head of about'2L5 feet between the backwater of Lake Powell and -the town of Moab, with most of the fall being within the proposed boundaries of the Nq up-to-date study of how this head could best be utilized for future power development has been made, but it is clear that there is a potential power value involved. Park.!! Part I of the Federal Power Act, among other things, authorizes the Federal POlrer Commission to lioense the development by non-federal interests of hydroeleotric resources at power sites on "public lands and reservations of the United Statesu". However, section 3(2) of the Power Act, which defines the term "reservations", specifically excludes "national mOlluments or national parks" from those la.nd areas subject to the licensing provisions of the Act,. Also, Section 2 of the bill specif ically provides that "any lands within the boundaries of the park which are subject to Bureau of Reclamation or Federal Power Commission with drawals are hereby freed and exonerated from any such withdrawal". This language could be cODstrued·to "free or exonerate" only those lands· withdrawn for power purposes under the provisions in Section 24 of the Federal Power Act. Although we oonstrue this provision to vacate or rescind all reservations or withdrawals previously made for power purposes regardless of the authority under which they l'iTere effeoted, we believe that any possible ambiguity on this point should be clarified. . . If this legislation were enacted the Federal Power Commission would not have authority to issue licenses affecting any power sites which would be within the National would the Commission C,anyonlands Park.nor . y. Since they are largely defined by purported subdivisions of unsurveyed lands, the boundaries are rather difficult to determine accurately, but it appears that they Would include the reach of the Green River lying south of the Grand County line; the reach of the Colorado River from a point some eight miles downstream from the Grand County line to their confluence, and that reaoh of the Colorado River extending some twelve miles downstram therefrom lands between the two Rivers south of Grand County line and adjacent lands west of the Green River and east of the Colorado River and .adjacent to the Colorado River below the cdnfluence. · - have any authority under Section 24 of the Power Act over lands in the previously withdrawn for power purposes. Any power development subsequently undertaken within the Park would require express Congressional approval. area ' FEDERAL POWER COMMISSION :(sigrd) JOSEPH C. SWlDLER Cha.irman UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY WASHINGTON 25, D. C. 1962 January 31, Dear Mr. Aspinall: Your Committee has identical requsted bills, 'To prpvide report on H.R.8573 and for establishment of the a Lands National Park in the State of We Utah, and for H.R.8574, Canyon other purposes." strongly advocate the enactment of legislation which would park in the canyon country of Utah. The such a park would be a very significant addition create a national creation of to the National Park System. While the enactment of either or H.R.8574 would acomplish this, we feel that H.R.8573 . several substantive changes should be made in the bills. These changes, made for reasons given herein, appear in the enclosed draft of bill. We recommend, therefore, the enactment of the enclosed draft of bill as a substitute for either H.R.8573 or H.R.8574. The proposed for establishment as the Canyonlands National prefer this designation to "Canyon Lands National Park"- located along the Green and Colorado rivers, near their area Park--we is confluence.' Within this area are three distinct scenic divisions All three divisions provocative scien spectacularly significant scenically contain visible remains, distant archeological tifically. They separated by these two deep-canyoned rivers. are and panoramic views that defy description, and a geological exhibit in stereoscopic relief that is unsurpassed in any other area of the National Park System. One division of the proposed park lies, generally, north of the confluence of the Green and Colorado rivers; another 'generally westward from the confluence;and the third, generally southeastward from this confluence of the Green and Colorado rivers. This canyon country of Utah unqualifiedly merits preservation as a national park. Its rugged landscape contains a,profusion of impressive red rock canyons, sandstone spires, arches, and other erosive features that 'may well be of world-wide significance. Thre such as the Needles and the Ln are areas within the proposed park, Other areas Standing Rocks, that remain essentially pr Lat Lne', the The inclusion warrant of these within preservation. proposed park areas in the park would not preclude the exercise of any valid existing rights but would provide a means for protecting and preserving The lands important esthetic and other natural values found there. several Reclamation for park designation, including cpntemplated of withdrawals which have been studied and declared to be nonfeasible _. are The rest of the included propose to acquire these lands through predominantly public domain lands. lands state owned; are we equal-value land exchanges. Establishment of this national park will provide immediate and long-range benefits to the people of the state of utah and for all generations of Americans. Tbe enclosed dra:f't of bill eontedns unlock which would and prQvide tne public with the provisions to, and enjoyment and use of, an' a.rea possessing outstanding resources. It is expected that the of this region to recreational.and other visitor use opening up will result in substantial economic beneti ts to the people of the state· of utah, since it would undoubtedly be one of the greatest scenic and scientific attractions in the National Park System means ot of some access our most • . . The substantial differences between the enclosed draft of bill and H.R 8513 and HR. 8514, and the reasons therefor, are these: Section 1 of the enclosed bill provides for a park approximately 332,292 acres in size. Unde+ the provisions ot section 1 of H.R. 8513 and H.R. 8514 the park would consist of 1. only 300,000 aeres The description of the park boundary in section 1 of H.R 8573 H.R. 8514 is a deseription whieh was furnished by this Depart ment At tlJ,at time the area had not been sufficiently studied to make it possible to describe a boundary with particularity. The • boundary description in H.R. 8513 and H.R. 8574, consequently, describes a. general area, with reference to features, within which the park could be established. Our studies have now progressed to the point where it is possible to describe with definiteness a boundary for Canyonlands National Park. Section 1 of the enclosed dratt of bill furnishes that definiteness; it is these considerations: holding the park boundary necessary for proper.preservation of. the natural wildlife and providing for enjoyment of the park the result of to the minimum features and in a manner that will leave park.features unimpaired for the enjoyment of future generations. 2. Section 3 of the enclosed draft bill deals with the subject grazing, found in section 4 of H.R. 8573 and H.R. 8574. The last sentence of section 4· of H.R. 8573 and H.R. 8574 does not ppear in section 3 of the draft bll. of The last sentence has been eliminated bcause there privately-owned lands within the of the draft bill. 2 are no boundary proposed by section 1 · , 3. The ;subject of mining appears "in section 4' 'of' the' draft bill and in' 'section 5 'of H-R- '8573 and H.R 8574' While section 5 of these bills would leave toe minerals in-the park open to .Location:;'eritry, and :patent' -(exclusiVe of' the land. . . c'ontainirig 'the' 'minerals) 'under the' 'mining laws ot the Urii ted states,' the draft bill"permits ,only"those persons who have Valid existing 'rights within the, boundary of' the 'proposed park a.t the time the bill is enacted into law' to pursue activities under 'the min1rig laws of "the lln'ited sta.tes, or obtain pezinits . and leases under the mineral . leasing laws This substantive change relating to mining is designed to $..llow·, tor the maximwn proper a.d.ministration of the pa.rk. 4. seation' 5 of the 'enclosed ,dra.:f'ti of bill conta.inS matter not dealt with and H.R. S574. .n H.R. S57 subje,!lt 2bis section 'empowers tbe Seoreta.ry of the Interior to prQvide uitable aeeeee roads to the Canyonlands National. 'Park 'arid to certainfacil1ties and· services required· in the ,opera.tion and administration of the pa.rk The area proposed tor the establishnient of Canyonlands National ]?ark is the most' remote and,ina:acessible'"lnd iIi the west. For tha.t reason it will bt of extreme- interest to visitors.' Presently, 'it can be reached. only by means of very low standard' roads. Roads ot proper standards should be provided as a. 'part of the development The 'approach"ro.a. program 'for tlJ.e Canyoillands National Park. autho'rization in section '5 of the draft bill is· especia,lly desirable. The Department woUld proceed to, construct 'necessar, approaChes'to ;the 'pazk, 'ThiS, 'the Department believes, i,s the only fea.sible means for eabling visitors to see "the' park; BecauSe'the propqsed park is split by uncrossable rivers"and. canyons, a park road system of itself could not aocomplish thil ' . . ., Gbjeottve. !l!b.e Departnient cannot estiniate'," at this time, wha.t expenditure. Will be requirecl' in the foreseeable future to aaoompliish a.ll of ·the obje'ctivts" Qf the' Canyonlands Nationai park;" 'nor can the Department determine the 'precise timing ot expenditures to attain these 'objective·s. Nevertheless 1 the man yea.rs and cos1; data. statement'required by the' 'Act of 'July 25, 19"56'(70 stat. 652J 5 u.s.o, 642a.)', when annWil expen4iturea ot appropriated funds' exceed $11000,000, is enolosed. - .. ' 3 ID. carrying ou.t the program, tor the park within and beyond the first ti ve-yea.r period every effort woUld be made to see that developments of greatest priority are provided first. No costs tor the acquisition ot lands within the park boundary would result from the enactment of the enclosed dra.ft of bill. These lands are already in public ownership--Federal and State. state-owned 18.llds would. be ac,uired by exchange. The Bureau of the Budget has a.dvised that there is no objection to the presentatiQU of this report from the standpoint of the Administration's program. Wayne N. Aspina.ll, Chairman Oommittee on Interior and Insular Affairs Hose of Representatives Ron. . Washington 25, D. C. Enclosures DEPARTMENT OF INTERIOR Establishment of SUBJECT MATTER: In Canyonlands National Pa.rk the State of utah. Employment and Expenditures for the First Five Years of Proposed ew or Expnded Programs Estimated Additional Man-Years of Civilian Estimated additional man- First Second Third Fourth Fifth Year Year Year Year Year years of civilian employment /' Executive Direction Superintendent 1 1 1 1 1 Administrative Assistant Clerical and Stenographic 1 1 1 1 1 1 2 2 2 2 3 4 4 4 4 .Chief Ranger 1 1 1 1 1 Rangers 1 3 6 10 11 1 1 1 1 2 3 3 1 1 1 1 1 1 1 1 5 7 9 12 12 19 26 30 16 23 30 34 Total - Executive Direction Substantive Chief Park Naturalist Naturalist Engineer Landscape Architect Laborers and Craftsmen Total - Substantive 2 4 ( Total - " Estimated additional man-years of civilian employment 7 Estimated Five-Year nditures and,Obligations: , , First Second Third 'Year Year Fourth Year Fifth Year $,' 94;,500 $ 127,500 $ 162,000 $ 181,000 .l,050OOO 1,200,000 ,1,600,000 ,1,100,000 Year BsttmatedAdditional Expenditures, Personal.' Services All.Other Total - $ . . estimated'addi tional ", endi tur(;1:S $============='=$1=,:3::27:=;500=='='=$f=·=,7=6=2:: : ,=OOO==$1=.,==28=J.,=OOO=·. = .: *Est1ma.ted Ob1iiations ' . Development Opatlons (:manqe .. ment, protection and maintenance) . . . $J.,a7,·500 .$ 797,200 83OOO 1101000 'i!1.35OI.500 ! 967200 I $1,887,200 $ 880,500 $1,082;,200 grozooo 3301.000 3901000 !2,,15Ii!200 i!:2101.500 $11.472,,200 '. Totals • *No costs involveq. in acquiring lands within the park bOQlldary. To provide for establishment of the Canyonlands National Park in the State of Utah, and for other purposes. Be it enacted by the Senate and House of Uni ted States of America in Congress assemble4_, area an preserve and scientific, and use of the in the State of Utah National Park which, there is subject to That in order to possessing superlative scenic, for the inspiration, 'benefit archeologic features public, hereby established the Canyonlands existing rights, shall valid consist of lands and interests in lands in the State of Utah within the particularly described as at the point oti latitude 380 30' Uah Emery Wayne, to common thence east along said parallel Grand and San Juan counties; boundary between said Grand and San Juan counties) of boundary follows: Salt Lake Base and Meridian, Beginning the Representatives of to (the the west line township 26 south, range 20 east, Salt Lake base and meridian; • thence south said west line of said to east along said south line of said the west line of section south township 26 south, range the south line of said township 26 south, east to along along 5, township 26 south, range 20 south, of the north half of said sectaon of the north half of said section 8 and \_'."-, north half of section 9, east along thence and the west line of range 20 east, 8; thence thence east towns.hip 27 south,. range 20 east; said west line of said section 5, section 8 of said township 27 range 20 east; 20 to along the south line said south line the south line of the said township 27 south, range 20 east, to · , the west line of the east half of said section 9; thence south along said west line of the east half of said section 9 and the west line of the east halves of sections 27 south, range 20 east, sections 4, 9, 16, and and 21 of the north line of section 16, 21, 28, and 33 of said township the west line of the east halves of tonship 28 south, range 20 east, 28, 'said township 28 south, to range 20 east; thence west along the north line of said section 28 and of section 29 of said township 28 'section 20 east, south, range township 28 south, and the west line of sections 5 and 8 of to 29 south, range 20 east; thence west along 7, said east along half ,of said section 7, said said north line of township 29 south, the north line of. the south half of unsurveyed township 29 south, range 20 east, township 29 south, range 20 the north line of the south half of section south half of said section and the west line of said 29; thence south along said west line of said section 29 and the west line of section 32 of said east, to range 19 east, township tqe range 20 east, unsurveyed section 12, to the west line of the '12; thence south along said west line of the east half of said section 12 and the west line of the east half of unsurveyed sections 13 east, to the north line of range 19 east; thence west and 24 of said township 29 south, range 19 unsurveyed section 25, said township 29 south, along said north line of said the west line of s,aid section section 25 to 25; thence south along said west line of said section 25 and the west line of 2 unsurveyed section 36, said township.,29 south, \) range 19 east, of unsurveyed . township29 south, line of lire the north to range 19 east; said township 29% south, the east half of unsurveyed thence east the said north along range 19 east to the west line of section 36 of said range 19 east; thence south of said section 36, and the west line of the township 29 south, said west line of the east half along east half of unsurveyed ) section 1, partially surveyed township 30 south, range 19 east, he south line of the north half of said section 1; thence east to along said south line of the north half of said section 1 to the east line of township 30 south, range 20 east; thence south along of section 6 of said township 30 south, range 20 east, line' of said section 6; thence east 20 east; thence south along to the south said south line of said along section 6 to the west line of section 8, the west line said township 30 south, range said west line of said section 8 to the south line of said section 8; thence east along said south line of said section 8 to the west line of section 16; said township 30 south, range 20 east; line of said section 16 thence south along said west line of said section 16; thence east along section 16 and the south line of section to range 20 east; thence south and the west the south said south line of said 15, the west line of section range 20 east, to said 23, township 30 south, said township 30 south, along said west line of said section 23 line of sectiops 26 and 35 to the south line of said town- ship 30 south, range 20 east; thence township 30 south, range 20 east, to 3 east along said south line of said the west line of unsurveyed section 35, partially surveyed township 30% south, range 20 east; along the west 20 east, 14, 23, line of said section and the west line of section 2 and of ani 26 of the north line unsurveyed range sections 11, par;ially surveyed t,wnship 31 south, range 20 east, , to township 30% south, said 35, thence south of I section unsurveyed 34, said township 31 south, , range 20 east; thence west along the west line of said section said north line of said section 34 to 34; thence south along said west line of said section 34 and the west line of unsurveyed se.ctions 3, 10, and 15, partially surveyed township 32 south, range 20 east, line of unsurveyed section thence west alongrsaid north line of said section 21, unsurveyed section 19, east line of north along to said said east line of said the north line of along unsurveyed north line of said section range 20 east, to and the range 19 east; thence 13, said township 32 south, said 11, east township 32 south, line of said section 11 and 2, said township 32 south, range 19 east, township 32 south, the north line of said range 19 east; township 32 south, partially surveyed township 32 south, line of 20, said north line of said section 13 thence north aloni said the east line of section range 20 east; township 32 south, range 19 east, section unsurveyed thence west the east line of range 19 east; of township 32 south, the north section partially surveyed township 32 south, range 19 east; to 21, said township 32 south, to range 19 ea.st, range 18 east, the along the north line \ partially surveyed township 32 south, 4 thence west to and range 17 east, the north to the east line of unsurveyed section 33, partially surveyed township 31 ...... . south, range 17 east; section 33 and of thence north ' ... said east line of said along unsurveyed sections 28 and 21, section 16, and ) sections 9 and 4 of said unsurveyed and the east line of unsurvyed sections, 33 and'28, partially surveyed township 30% south, range 17 east, 30\ south, range 17 east, township 31 south, range 17 east; the north line of said to thence west township 30 south, range 17 east, to township along said north line of the east line of said unsurveyed section 33, partially surveyed township 30 south, range 17 east; thene north said eaat -Lfne of said section 33 and of along 28 and 21 of said township 30 south, section unsurveyed east range 17 east, unsurveyed sections the south line of to 15, said township 30 south, range 17 east; thence said south line of said section 15 to the east line of along 15; thence north along and of unsurveyed section 10, said said. section said east line of said section 15, township 30 south, range 17 east, " to the south line of section 2, thence east' along said section 2; thence east north along said east the south line of 29 south, range east partially surveyed township the east line of said to to along saiq along said south line of east, township 30 south, range 17 east; said south line of said 'section 2 to the east line of thence north the south line of said line township 29 of said unsurveyed said line of said section 2 29 south, township 29 south, rang 11 thence range 17 east, 18, partially surveyed township east; thence east along said south line of said section 18 to, the east line of said section 18; east ,17 east; south,' r'ange Ii east; township 29 south, section range to thence north line of said section 18 and the east, line of 5 along,sald unsurveyed sections 7 and 6, .said townhip 29 south, range 18 east, and the east line of unsurveyed section 31, township 2 south, range 18 east, north line of said section to the 31; thence west along said north line ot said section 31 to-the east line of partially surveyed townhip 28 south, range 17 east; thence north along said east line of said township 28 south, range 17 east, to the north line of unsurveyed section 25, said township 28 south, range 17 east; thence west along 9f said section 25 and of unsurveyed section 26, said north line said -_.-' township 28 south, range 17 east, to the east line of unsurveyed section aJ.ong said 22, said township 28 south, range 17 east; thence north )", .. east line of said section 22 to the north line of said section thence west of section 22; aJ.ong said north line of said section 22 to the east line 16, said township 28 south, range 17 east; thenoe north along said east line of said section 16 and the east line of unsurveyed sections 9 and 4, said township 28 south, range 17 east, the east line of unsurveyed sections 33, 28, and 21, and of section 16, partiaJ.ly surveyed township 27 south, range 17 east, to the south line of the north half of range 17 east; thence east unsurveyed section 15., said township 21 south, along said south line of the north halt 6 of said section 15 section 14, said and the south line of the north half of township-! 27 south, range 17 east, to unsurveyed the east line 'of said section 14; thence north along said east line of said section 14, the saJd township 27 the Green River; common said to said east line of unsurveyed section 11 south, range 17 east, thence to the true continuing due north to Wayne and said San Juan Counties; boundary line common to and of section right bank of the boundary line thence following said Wayne and said San Juan Counties generally northwesterly to the point of beginning; containing approximately 332,292 acres. 7 such tract 2, SEX! 2. Within, the area. described in Section 1 of this Act, the secretarY of the Interior (hereinafter ;referred to as "SecretaryU) may acquire lands and interests in lands by such means in the public interest. The as he may deem to be Secretary may accept title to any non-Federal property within the park and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction ' wi thin the state of Utah and adjacent states, notwi thstanding any other provision of law. Property so exchanged shall be approximately equal in fair market value: ProVided, Tha:t the Secretary may accept cash from, pay casho, the grantor in such values of the' properties boundaries of the or exchange in order to equalize the an Federal. property located within the exchanged. park may, with the concurrence of the agency having custody thereof, be transferred to the administrative without consideration, for use jurisdiction of the Secreta, by him in carrying out the purposes of this Act. SEC. 3. Where any Federal,lands included within the Canyonlands Ntional Park are legally occupied'or utilized on the date of approval of { ' this Act for grazing purposes, pursuant to a lease, permit, issued or authorized by any department, establishment, , United States, the assigns, .to license agency of the Secretary shaJ.l, permit the persons holding such grazing privileges on the da.te of approval of this Aot, or or or renew and condi tiona a.s the the their _. heirs, successors, privileges from time to time subject to such tel'lllS Secretary may prescribe: 8 Provided, however, that QUch privilege shall be extended beyond the period ending no twenty-five years from the date of a.pproval of this A.ct, except specifically provided for in this section. as shall from time to time _ during the holder's lifetime beyond twenty-five-year period, subject to such terms and conditions the as Secretar.y permit a holder of the grazin privile to renew such privilege the The Secretar,y may presoribe, who held such if (1) the holder is the person ,privilege en the date of approval. of this Act I Qr (2) the holder is the heir, successor, or assign Qf such person and was a member of that person's immeiate by the secretary, on the tate Qf approval of this Act cGntained in this Act shall be construed right, lands title I family, as aeter,mine4 interest I or as Nothing creating any vested sta.te in or to any ot the Federal. The Searetar,y, by regulation, may limit the privileges enjoyed under this Act to the extent that they are appurtenant to the private lands owned by the persons who held such privileges o the date of approval of this Act, and may adjust such privileges te preserve the park land and resources from destruction or unnecessary injury. SEO' 4. Within the eanyonla.utls National Park tbe valid. ights of 1Qat0sl of the United entnl and patentees under the mining laws states, and of per.mitteea ani lessees under the mineral leasing lawsl existing betoro this Aot takes be reoognized, 9 ettectl shall (a) SEC. 5. In order to provide suitable access to the Canyonlands National Park and facilities and services required in the operation and administration of the park, may select the location or roads to such park and to the Secretary loeations af an entrance road or points of interest therein from U.S. Route 160 and state Routes 24 and 95, including necessar,y entrance and related administrative lands located outside of the park, headquarters sites upon and he may select a suitable oaation or locations outside the park for connections between entrance roads and between roads lying within the Canyonlands National Park. (b) To earr.y out the purposes of this section, the Secretar,y may acquire non-Federal lands or interests in lands, . itio1 urhse, condemnation, exchange, or such other means s he ID&3 deem to be in the public interest: Provided, That lands and interests in ,landS acquired outside of the, park as rights-ot-way for said entrance road$ and cnnections shall , not exceed . average of 125 an acres . per mile. ' and entranoe and administrative sites Rights-ot-way acquired pursuant to this authoity shall be administered pursuant to sueh special regulations as the Secretary may promulgate in furtherance of the purposes ot this section. 10 (c) The Secretary may construct, reconstruct, improve, upon the lands or or interests 1n 1ands otherwise 1n Government connections of ownership 1 and maintain acquired pursuant to this section, an entrance road or roads and parkway standards, including necessary bridges. and other structures and utilities as necessary, and funds appropriated for the National Park Service shall be availab1e for these purposes. SEC. 6. The administration, protection, and development of the Canyonlands National. Park as established pursuant to this Act, shall be exeroised by the of Secretary in aooordance with the provisions of the Act August 25, 1916 '(39 Stat. 535; 16 U.S.Ce 1, et seq.), as amended and supplemented. SEC. as are 7. There are hereby authorized to be appropriated such sums necessary to carry out the purpose of this Act. 11 UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY WASHINGTON 25. D. c. April 2), 196' Dear Senator Jacon: Your Committee has requested a report on S. 27, a bill, "To provide for establishment of 'the Canyonlands·National Parlt in the State of Utah, We and for other purposes ," strongly zeceeanend that this bill be enacted, if amended as uggested below. S. 27 would establish an area of 257,000 acres along the Green and Colorado ;Rivers in southeastern -utah as the Canyonlan4s National Park. Witbin this described area, the Secretar,y of the Interior would be authorized to acqUire lands "and interests therein by such means as he may deem to be in the public interest, including exchange 'for federally owned property of the same The Secretary would be classification in Utah and adjacent states. required to camplee administrative action on.suc transfers within 30 days of enactment ,of the legislation. Provision is made for acceptance or payment of cash to equalize the values of lands · exchanged. Transfer of administrative jurisdiction over federally owned lands within tthe park to the jurisdiction of the Secretary woUld be accomplished without consideration, and lands ubject to reclamation or power withdrawals would be, freed from such withdrawals. The bill would permit the holder of grazing privileges on Federal No lands wi thin the park to renew or extend such privileges. grazing privilege would extend beyond 25 years from the date of approval of the bill, except where the holder is the person wbo held the privilege on the date of approval, or where he is tbe heir, successor, or assign of such person and a member of such . . person's immediate family on that date. Under the bill the mining and mineral leasing law would continue to apply to lands within the park, subject to general. regulation by the Secretary, for a period expiring 25 years fram the date of enactment. AuthOrity is provided for the acquisition of land fOr and the' construction of entrance roads to the park fran United States Route 160 and State Routes 24 and 95, inclUding related .. dm1nistrative headers sites. The confluence area of the Green and Colorado Rivers in southeastern Utah unqualifiedly merits preservation as a national park. Witbin this area are three distinct scenic These divisions separated by rhe se two deep-canyoned rivers. are the areas northward, westward, and southeastward from the The rugged landscape in the areas contain a confluence. profusion of impressive red rock canyons, sandstone spires, arches, and other erosive features that may well be of world' wide significance. The boundaries proposed in S. 27 differ from those suggested by the Departme,nt dur Lng the 81th Congress, which aggregated about 330,000 aeres. 'In the main, these differences consist of a deletion of land west of the two rivers and portions along the south and north boundaries. We have carefully reviewed these newly proposed boundaries in the light of our proposed development plans for the area and, equally important, in the light of out desire to include within the boundaries of the national park the best and most 'representative features of the area. A careful on all the that be taken based must considerations appraisal, into account in sueh matters, has convinced the Department that the boundaries proposed in S. 27, while minimum, are consistent with National Park requirements. Lands within the recommended domain. The remainder are acquiring through exchange. , boundary are predominantly public State-owned, which we would anticipate S. 127 would require administrative .. action necessary to conSU111Illate such exchanges to be completed by In view of the administrative the Secretary within 30 days. determinations and procedures necessary to effect\ an exchange including agreement on land values and the amount of any equalizing the requirement in S. ·27 would appear unrea1.istic. We therefore recommend that the bill be amended to delete this requirement and to remove the reference to "the same classification", which ----s ambiguous. This can be accomplished as follows: payments, . 2 On page 9, lins 10 to 14, delete' "the ,same classification and the Secretary shall take admini's trati ve action to cemplete transfer on any lands in a proper application by the State of Utah on or before the expiration' of thirty days' -f'ollow1!!g__the date of 'enactment of this Actn and substitute "approximately ':'" n -equal value: " • "'- We believe that, section 4 of the bill should be' amended to provide that during the 25 year period. set 'out iil tbe bill" only minerals can be patented. We recommend, therefore,' that ' - the following be substituted for section 4:, . nSEC. 4. Wi thin the Canyonlands' National Park all mineral deposits of the cle.sses and kinds now 'subject to location, ,entry, and patent· under the mining laWs of the United States, exclusive of the lend containing them, and'minerals subject to leasing under the mineral leasing laws 'of the Uriited States shall, for a period ending 25 years, follOwing the date of approval of this Act, be subject to exploration and disposal under such laws, with right of occupation and use of' so much of the surface of the land'as may be reqUired for all' purposes reasonably incident to the mining or removal ' ' . minerals: Provided, That the term of, fJXlY lease that is granted during such 5 year period may continue thereafter in accordance with the applicable provisions, of mineral leasing laws: Provided further, That the Secretary of' the Interior may prescribe such general regulations for the control of these activities as he deems necessary to preserve the scenic, SCientific, and The prOvisions of 'the recreational values of the area. Act of JUly 31, 1947 (61 Stat. 681), as amended, 'shall have no, application wi thin the Canyonlands National Park. II of the This prOvision woUld penni t a reasonable period during which valuable mineral deposits may be removed, while providing a statutory basis for minimal protection of park values durins such peri od. Enactment of this legislation,: if' amended as herein proposed' would make possible the realization of an outstanding national park opportunity. "For 'that reason ve strongly reoanmend that . 27, if amended suggested, be enacted. . -3 J;b- .. We are unable at this time to predict the exact expend! tures which would be required to accomplish all of 'the objectives of' s. 27. Our best available es'tdmates are included in the enclosed man-years and cost data statement as required by the Act of July 25, 1956 (70 Stat. 652; 5 U.S.C. 642a). , The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint ot the Administration's program. Hon. Henry M. Jackson, Chairman Conuni ttee on Interior and Insular Affairs United States Senate Washington 25, D. C. Enclosure DEPARTMENT OF THE INTERIOR Subject Matter: provide for establishment of Canyonlands National Park in the To State of· Utah. Estimated Additional Man-Years of Civilian Employment'and Expenditures for the First Five Years :of Proposed New or Expanded Programs 19CY+4 19CY 19CY+1 19CY+2 Superintendent 1 1 1 1 1 Administrative Assistant Clerical and Stenographic 1 1 1 1 1 '2 2 2 1 2 3 4 4 4 4 1 1 ·1 1 1 1 3 6 10 11 1 EStimated Additional Man-Years of Civilian Employment 19CY+3 Executive D1rection Executive D1rection Total, Substantive Chief Ranger Rangers 1 1 2 3 3 1 1 1 1 Chief Park Naturalist Naturalist 1 Engineer Lands cape Architect Laborers and Craftsmen Total, Substantive 1 1 1 2 5 7 9 1 12 4 12: 19 26 30 7 16 23 30 34 Total, Estimated Additional Man-Years of Civilian :Employment . Es tima. ted F'i ve- Year Expendf tures and Obligations: . 19CY+1 19CY 19CY+2 . 19CY+4 19CYt.l Estimated Additional Expenditures Personal Services All Other Total, Estimated Additional Expenditures 44,500 $ $ $ 94,500 $ 127,500 1,200,000 300,000 1,050,000 344,500 $1,144,500 $1,327,500 162,000 1,600,000 $ $1,762,000 $1,281,000 $ *Estimated Ob1isations Development Operations (management, protection & maintenance) Totals . $,267,500 $ 797,200 $1,887,200 83,000 170,000 $1,350,500 $ 967,200 * - 181,000' 1,100,000 No costs involved in acquiring lands 'Wi thin the park boundary, . . $ 880,500 $1,082,200 270,000 330,000 ,390,000 $2,157,200 $1,210,500 $1,472,200 DEPARTMENT OF AGRICULTURE WASHINGTON 25, D.C. APR 241963 Honorable Henry M. JacksoB, Chaiman Committee on Interior aad laaular Affaira United States Senate Dear Hr. Cha irmaa = This 'is ill respoase to your Tequest of March 19'63. for a report on S. 27 J a bill flTo provide fol' the establishment of tbe Canyon lands National Park i8 the State of Utah, and fer other purposes." This Department would bave GO ob j ect Oll to the etlactment: if it is amended as hereiaafter recommeaded. 0f S. 27 'The bill would authorize the establishment of some 257,000 acres of land near the confluence of the Colorado and Greea Rivers io It would San Juan County, Utah. 88 the Canyonlands National Park. authorize the Secretary of the Interior to acquire lands ,and Continuatioa interests in lands withi. the eat4blished boundary. of livestock grazing and mining under regulations of the Secretary of the Interior with provisions for their eventaall termination Section S of the'bill would authorize'tbe would be authorized. to provide 'suitable aces roads to the of Iaterior the Secret,ary and to facilities and services required ia certain proposed park the operation and administration of the park. area Wbih would be established as 'the Canyonlands National The southerly Park is in remote and generally inaccessible country. north of the Mountain of the is miles D1vision of area 7 Abajo part Because of this geograpbical the Manti-LaSal Natioual Forest. location and the topographical conditions, the connectin.g road to provide access to the park from State Boute 9S as provided in section S of the bill, would almost certainly cross National The connecting road between the soutbern part of Forest lands. the park area and U.S. Highway 160 might a180 crose National The Forest land •• connecting access highway to State Route 9S would likely traverse Because of the rough about 30 miles of Natioaal rorest lands. roate would of tbis the ia area, necesaity folIo. the topography location of present National Forest road. and a proposed Ratioul A 2 Forest recreation way. Construction and administration of a park approach road through this area would materially affect uaeand management· of the National rO,rest. CO_Gretal tranlport of Umber. livestock, or min.tal, normally i8 not permitted on 'ak.acces8 roads and use, of such roads by hunters carrying firearms 18 limited. In rough topography such aa in this area, cros.ing of access road. to other portions of the National Forest might be, quite limited and use of the Park-access road might be necessary'for extended lengths to aS8ure protectio.D of the National Forest and adequate utilization of its resources. There are many attractive scenic and recreation areas in the adjacent National Forest lands which uld be "developed and made accessible for the of the enjoyment vi81tg public and would complement the scenic and recreation features within the proposed park. Recreation use along the road would need to be fully coordinated with recreation use and development in the adjoining National Forest areas. access We believe that this needed eorrelatl:on,oi road use and e.ourc. development and utilization could be moat effectively and economically accomplisbed if the proposed Park-acces. road from State Route 95 northward througb the National Foreet were administered by the Sec.ret.ry of Agriculture. In thi. way ,the road eould fully eerve both the National Park and the National Forest, with appropriate administrative provisions for correlation so that the objectives of both f tllese areas would be properly met. Natioual Forest road policies protect scenic ·and elthetic· values and we believe fully meet the objectives of the bill for appropriate acee.. to the park. We therefore recommend andment of the bill to (1) provide for joint study and planning of the location and specification. oc those portions of Park-entrance roads. and of necessary entrance· and related headquarters sites. within National Forest boundarie.; (2) provide for administration of the Park -ecce.. road from State Route 9S through the National Foreat by the Secretary of Agriculture. fbi. can be accomplished in the following manner: and 1. Page 12·, line 14: inSert "Provided, of any Change the period to a colon aad the locations and epecif1cationa portions of entrance roads, including nec eS8ary eqtrance and related administrative head quarter. sites, within. National Foresta ahall be jolntly determined by the Secretary of Agriculture .Qd he Secretary of the Interior·. s: , " I, . .\ \ 'al, 13, line 91 Change the period to • colon and insert "Provided, l11at any acceS8 highway from State lout. 95 througb the Manti-LaSal Nati.onal Por.et to the C.nyonl.nd • National 'ark .hall upon completion be administered by tbe Secretary of Agriculture ••• recreational and scenic highway but with,provi.lon for lueb other u ••••• h. may determine cl\lpatlbl. therewith and witb due regard for ie',fuDCtion •• ,0 acc ••• route to the Caa,oal.ad. Natlonal •• rk .... 1'b. Bur .... of the Budget advia •• Chat there 18 no obJectloll to the pr •• eat.t'o of tbia report, fr the ,taadpoiut of the D1.tr.tloD'. ' ,nll'_· 'alacer.ly JOur •• SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS , SENATOR The attached is submitted to you for your information t GPO 79550 Jerry T. Verkler, Chief Clerk. re FEDERAL POWER COMMISSION WASHINGTON s. .• 88th Cong., 27 Canyonlands National 25, D.C. - Park Honorable Henry M. Jackson Chairman, Corrnnittee on .. Interior and InsQlar Affairs United States Senate Hashington 25, D. C. Dear Mr. Jackson: In response to your request of January enclosed on the It public 50 copies of the report of the 19, 1963,there are Federal Power Commission subject bill. to the is contemplated that this report may be released within unless there three is a letter working days' from th date of this request that its release be withheld. Sincerely yours, JOSEPH C. SWlOlER ({signed)Joseph C. Swidler Chairman Enclosure No.l09878 PR 2 3· 193 FEDERAL POWER C01,mISSION REPORT ON S. 27 88th CONGRESS - A BILL "To provide for establishment of the Canyonlands National Park Utah, and for other purposes." in the State of Incl'uded within the boundaries of the proposed Canyonlands National Park would be certain reaches of the Green and Colorado Rivers in Utah embracing lands withdrawn for power site purposes, having an undeveloped hydraulic head of about 245 feet between the backwater of Lake Powell and the town of Moab, Wi th most of the fall being wi thin the proposed boundaries of the Nq up-to-date study of how this head could best be utilized for future power development has been made, but it is clear that there is a po berrtd.al, power vaJ.ue involved. Park.!; Part I of the Federal Power Act, among other things, authorizes the Federal Powe r Connnission to license the development by non-federal interests of hydroelectric resources at power sites on "public lands and reservations of the United States"'.. However, section 3(2) of the Power which the term <iei'ines Act, ureservations" specifically excludes "national monuments or national parks" from those land areas subject to the licensing provisions of the Act. Also1 Section 2 of the bill specif that lands within the boundaries of the park which ically provides "any are subject to Bureau of Reclamation or Federal Power Commission with. drawals are hereby freed and exonerated from any such w·ithdrawal n. This language could be construed to "free or exonerate" only those lands withdrawn for power purposes under the provisions in Section 24 of the Federal Power Act. Although we construe this provision to vacate or rescind all reservations or withdrawals previously made for power purposes regardless of the authority under which they were effected, we believe that any possible ambiguity on this point should be clarified. . . If this legislatiorlwere enacted the Federal Power Commission would not have au·thority to issue licenses affecting any power sites which would be within the Canyonlands National Park,. nor would the Commission 9 .. . Since they are largely defined by purpoted subdivisions of unsurveyed lands, the boundaries are rather difficult to determine accurately, but it appears that they would include the reach of the Green River lying south of the Grand County line; the reach of the Colorado River from a point some eight miles downstream from the Grand County line to their confluence, and that reach of the Colorado River extending some twelve miles downstram therefrom lands between the two Rivers south of Grand County line and adjacent lands west of the Green River and east of the Colorado River and .adjacent to the Colorado River below the confluence. ,. have any authority under Section 24 of the Power Act over lands in the Any power development subsequently undertaken within the Park would require express Congressional approval. area previously withdrawn for power purposes. FEDERAL POWER COMMISSION By,(signed) JOSEPH C. SWIDLE Chairman EXECUTIVE OFFICE OF THE PRESIDENT BUREAU OF THE BUDGJ;:T WASH'NGTON Z8. O. C. APR 24 1963 Honorable Henry M. Jackson Chairman, Committee on Interior and Insular Affe,irs United States Senate 3106 New Sena.te Office Building Washington 25, D.C. ' Dear Mr. Chairman: This is in response to the Committee's request for the views of the Bureau of the Budget on S. 27, a. bill liTo provide f'or establishment of' the Canyonlands National Park in the State of' and for other Utah, purposes." The report which the Secretary of the Interior is submitting desoribes the characteristios of the area proposed for inclusion in the National Park System and recommends certain amenents. In addition, the report of the Secretary of Agriculture proposes two revisions with respect to the construction and management, of approach roads. The Federal Power CommiSSion, in its report, refers to the potential power val.ue involved in the area and to the effect which the enactment of S. 21 would have on the present authoity of the Commission. The Bureau of the Budget would have no objectdon to the enactment of S. 27 if' amended as suggested by the Secfetaries of and Agriculture the Interior. Sincerl'H . Phi p B, Ass' tant Director for Legislative Reference |
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