[Senate Report 108-26]
[From the U.S. Government Publishing Office]
Calendar No. 41
108th Congress
SENATE Report 108-26
1st Session
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WIND CAVE NATIONAL PARK BOUNDARY REVISION ACT OF 2003
_______
March 19, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 425]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 425) to revise the boundary of the Wind
Cave National Park in the State of South Dakota, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE OF THE MEASURE
The purpose of S. 425 is to revise the boundary of the Wind
Cave National Park in South Dakota to add approximately 5,675
acres to the park.
BACKGROUND AND NEED
S. 425 would authorize the expansion of Wind Cave National
Park to include approximately 5,675 acres of land. The proposed
addition includes two private parcels of 5,555 and 40 acres,
both owned by willing sellers; and 80 acres which would be
transferred from the Bureau of Land Management. These lands are
a natural extension of the park, and will improve fire
management of the mixed-grass prairie ecosystem.
These additions will protect archaeological sites such as a
thousand year-old buffalo jump, expand the backcountry,
preserve a viewshed, and increase natural habitat for bison,
elk, deer and pronghorn antelope. The lands are a natural
extension of the rolling hills and prairie that dominate the
current park landscape and will help preserve the magnificent
mixed-grass prairie and ponderosa pine forest of this natural
treasure.
LEGISLATIVE HISTORY
S. 425 was introduced by Senator Daschle on February 14,
2003. Similar legislation, S. 2788, was introduced in the 107th
Congress. The Subcommittee on National Parks held a hearing on
S. 2788 on September 19, 2002, and the Committee ordered the
bill reported, without amendment, on October 3, 2002. The text
of S. 2788 was adopted by the Senate as an amendment to the
House amendment to S. 1894, and the bill, as amended, passed
the Senate by unanimous consent on November 19, 2002.
The Subcommittee on National Parks held a hearing on S. 425
on March 4, 2003. At the business meeting on March 12, 2003,
the Committee on Energy and Natural Resources ordered S. 425
favorably reported.
COMMITTEE RECOMMENDATIONS
The Committee on Energy and Natural Resources, in open
business session on March 12, 2003, by a voice of a quorum
present, recommends that the Senate pass S. 425 as described
herein. Senator Thomas was recorded as voting in the negative.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the Act the ``Wind Cave National Park
Boundary Revision Act of 2002.''
Section 2 defines key terms used in the bill.
Section 3 authorized the Secretary of the Interior to
acquire approximately 5,675 acres of land depicted on a
referenced map, by donation, purchase from a willing seller
with donated or appropriated funds, or by exchange. The
boundary of Wind Cave National Park is adjusted accordingly.
Section 4 directs the Secretary to administer the
referenced land as part of the Wind Cave National Park, and
directs the Secretary to transfer jurisdiction over the land
from the Director of the Bureau of Land Management to the
Director of the National Park Service.
Section 5 authorizes the Secretary to permit the
continuation of livestock grazing on the newly acquired lands,
on levels not to exceed the level of grazing as of the date of
acquisition. The Secretary may purchase the outstanding portion
of a grazing permit or lease or accept the voluntary
termination of a permit or lease on any of the acquired land.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 17, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 425, the Wind Cave
National Park Boundary Revision Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 425--Wind Cave National Park Boundary Revision Act of 2003
S. 425 would authorize the National Park Service (NPS) to
acquire 5,675 acres of land for addition to the Wind Cave
National Park in South Dakota. The additional acreage should be
acquired by donation, purchase, exchange, or administrative
transfer, if other federal property were acquired.
Assuming appropriation of the necessary amounts, CBO
estimates that it would cost the NPS $9 million to implement S.
425 over the next five years. Of that amount, we estimate that
about $6 million would be spent in 2003 or 2004 to purchase
5,595 acres of privately owned land adjacent to the existing
park boundary. During this period, the agency also would accept
administrative jurisdiction over an additional 80 acres
currently managed by the Bureau of Land Management (BLM). (The
transfer of the two nearly 40-acre BLM parcels would not have
any significant impact on either agency's budget and would not
affect any grazing activities currently authorized on those
sites). CBO estimates that the NPS would spend $2 million
during 2004 to protect and develop newly acquired lands for
park use. Finally, we estimate that managing the added property
would cost the NPS about $200,000 a year beginning in 2004,
assuming the availability of appropriated funds. This cost
estimate is based on information provided by the NPS and by
local taxing authorities.
Enacting S. 425 would not affect direct spending or
revenues. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would have no significant impact on the budgets of state,
local, or tribal governments.
The CBO staff contact for this estimate in Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 425. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 425, as ordered reported.
EXECUTIVE COMMUNICATIONS
On February 26, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 425. These reports
had not been received at the time the report on S. 425 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of deTeel Patterson Tiller, Acting Associate Director for
Cultural Resources, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department on S. 425, a bill to revise the
boundary of Wind Cave National Park in the State of South
Dakota.
The Department does not support S. 425 at this time because
of the high costs of this boundary expansion. The Department
strongly supports the President's commitment to eliminate the
deferred maintenance backlog in our national parks. We need to
continue to focus our resources on taking care of existing
areas in the National Park System.
Wind Cave National Park, established in 1903, is one of the
Nation's first national parks and the first cave set aside for
protection. The cave itself, after which the park is named, is
one of the world's oldest, longest, and most complex cave
systems with more than 104 miles of mapped passages. The cave
is well-known for its exceptional display of boxwork, a rare
honeycomb-shaped formation protruding from the cave's ceilings
and walls. While the cave is the focal point of the park, the
land above the cave is equally impressive with 28,295 acres of
rolling prairie, majestic forests, and pristine creeks.
Legislation passed in 1912 established in Wind Cave National
Game Preserve creating a permanent national range for buffalo
and other Native American game animals as may be placed
therein. In 1935, the Wind Cave National Game Preserve was
transferred into Wind Cave National Park.
This legislation would authorize the Secretary of the
Interior to acquire 5,675 acres adjacent to Wind Cave National
Park. A ranching family currently owns 5,555 acres of the land
and has indicated they would be willing to sell the property to
the United States as a lasting legacy to their father. Another
40 acres of land from a willing seller would preserve a
viewshed for the park. The last 80 acres would be an
administrative jurisdiction transfer from the Director of the
Bureau of Land Management to the Director of the National Park
Service. The acquisition cost for the proposal is estimated at
$5 to $6 million although actual costs will not be known until
the land appraisals are completed. In many cases, non-profit
groups are willing to purchase the properties and hold them for
a short period of time until the National Park Service is able
to designate land acquisition funding.
The current annual base funding for Wind Cave National Park
is $1.892 million. If enacted, additional funding would be
required due to anticipated increases in the number of FTEs
needed for increased wildlife and interpretive
responsibilities. In addition, construction funding of $1.817
million would be necessary for the removal and installation of
fencing.
This concludes my prepared statement. I will be pleased to
answer any questions you or other members of the committee may
have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 425, as ordered
reported.