69–010 

Calendar No. 52 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–38 

TO UPDATE THE MAP OF, AND MODIFY THE MAXIMUM 

ACREAGE AVAILABLE FOR INCLUSION IN, THE 

FLORISSANT FOSSIL BEDS NATIONAL MONUMENT 

MAY 3, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 287] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 287) to update the map of, and modify the maximum acreage available for inclusion in, the Florissant Fossil Beds 

National Monument, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 287 is to update the map of, and modify the 

maximum acreage available for inclusion in, the Florissant Fossil 

Beds National Monument. 

BACKGROUND AND NEED

Florissant Fossil Beds National Monument is located in a high 

mountain valley just west of Pikes Peak and 35 miles west of Colorado Springs, Colorado. The Monument was established as a national monument in 1969 to preserve one of the most diverse fossil 

deposits in the world and interpret its paleontological resources 

and geologic significance. The National Park Service (NPS) maintains a collection of over 12,000 fossil specimens, conducts inventory and monitoring of the fossil sites, and, in addition to climate 

research, has ongoing university collaborations. A variety of recreational opportunities are offered at the Monument, including 

2 

sightseeing, interpretive visitor center exhibits, hiking, and rangerled experiences. 

The Monument encompasses 5,998 acres and is legislatively 

capped at 6,000 acres. The park has received local support to expand the boundary, by a donation of 280 acres of private land adjacent to the current northwestern boundary. The Palmer Land Trust 

and Coalition for the Upper South Platte has offered to hold the 

280 acre parcel for the NPS until such time as it is able to accept 

ownership of the property. This legislation would allow for the 

modification of the maximum acreage available for inclusion in the 

National Monument, as well as updating of the official map. 

LEGISLATIVE HISTORY

Senator Gardner introduced S. 287 on February 2, 2017. Senator 

Bennet is a co-sponsor. 

In the 114th Congress, Senator Gardner introduced S. 3020 on 

June 6, 2016. The Subcommittee on National Parks held a hearing 

on S. 3020 on June 15, 2016. The Committee on Energy and Natural Resources met in open business session on July 13, 2016, and 

ordered S. 3020 favorably reported as amended. 

In the 115th Congress, an identical bill, H.R. 835, was introduced 

in the House of Representatives by Representatives Lamborn, 

Polis, and Tipton on February 16, 2017. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 287 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 287. 

SECTION-BY-SECTION ANALYSIS

Section 1. Map update 

Section 1 updates the boundary map and modifies the acreage 

available for inclusion in the Florissant Fossil Beds National 

Monument. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

S. 287 would revise the boundary of the Florissant Fossil Beds 

National Monument in Colorado and increase, from 6,000 to 6,300, 

the maximum number of acres that could be included in that 

monument. Enacting S. 287 would enable the National Park Service (NPS) to proceed with plans to acquire approximately 280 acres 

of land for inclusion within the monument. The underlying legislation that established the monument authorizes the Secretary of the 

Interior to acquire land by donation, purchase, or exchange. 

According to the NPS, the owner of the 280-acre parcel is willing 

to donate the land for inclusion within the monument; CBO estimates that the agency’s administrative costs associated with such 

a transaction would be negligible. Alternatively, if the NPS were to 

3 

purchase the parcel, CBO estimates that the resulting costs would 

total about $1 million over the 2018 2022 period; such spending 

would be subject to the availability of appropriated funds. That estimate is based on information from the NPS and recent sale prices 

of comparable tracts of land in the areas where land would be purchased. Total costs would depend on the average price per acre, 

which according to local property records could range from $2,500 

per acre to $4,000 per acre. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting S. 287 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2028. 

S. 287 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 CBO staff contact for this estimate is Jon Sperl. The estimate was approved by H. Samuel Papenfuss, 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. 287. 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 making the adjustments provided for in the bill. Therefore, there would be no impact 

on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 287, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 287, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Because S. 287 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request Executive Agency views. The testimony provided by the National Park 

Service at the hearing before the Subcommittee on National Parks 

on June 15, 2016, follows: 

STATEMENT OF DR. STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOUCES, PARTNERSHIPS, AND

SCIENCE, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF

THE INTERIOR. 

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to present the views of the Department of the Interior on S. 3020, to increase the acreage 

4 

limit and update the boundary map of Florissant Fossil 

Beds National Monument in the State of Colorado. 

The Department supports S. 3020, with a technical correction described later in this statement. This bill would 

increase the acreage limit and update the boundary map, 

which would allow the National Park Service to accept donation of 280 acres of land from a private landowner to 

Florissant Fossil Beds National Monument in Teller County, Colorado. Including this land within the boundary of 

the monument would allow for enhanced wildfire protection as well as additional habitat for wildlife and recreational opportunities for visitors. 

Public Law 91–60 limited the size of the monument to 

6,000 acres. The current monument boundary includes 

5,992 acres, leaving the National Park Service unable to 

accept the 280-acre donation. This 280-acre parcel would 

provide critical access to the park’s western boundary for 

wildland fire protection, including improving opportunities 

for completing future hazardous fuel mitigation projects. 

Teller County Road 1 runs through the center of the 

monument and is currently the only main road that exists. 

The county also manages two other roads on the east side 

of the monument. As a result, fuels mitigation work on the 

monument’s western boundary is limited because fire 

crews can only access the western boundary by foot. If the 

donation is approved, fire and emergency vehicles will 

have direct access to the western boundary of the park via 

a private road. 

Florissant Fossil Beds National Monument is located in 

a high-mountain valley just west of Pikes Peak and 35 

miles west of Colorado Springs, Colorado. The park was established as a national monument in 1969 to preserve one 

of the most diverse fossil deposits in the world and interpret its paleontological resources and geologic significance. 

The park maintains a collection of more than 12,000 fossil 

specimens, conducts inventory and monitoring of the fossil 

sites, has ongoing university collaborations and continues 

to be the subject of scientific publications. 

Today, the park also offers a variety of recreational experiences to a growing community, including sightseeing, 

interpretive visitor center exhibits, hiking, picnicking, 

daily ranger-guided programs during the summer, Junior 

Ranger programs, and curriculum-based education programs for visiting school groups. Florissant Fossil Beds 

National Monument provides opportunities for exploration 

and discovery, as well as trails that offer easy day-hiking 

experiences for visitors. 

The park does not anticipate additional staff or resources will be needed to support inclusion of the 280-acre 

donation as there are no plans to build or install any facilities there. The park superintendent provided local outreach to the community regarding the proposal and did not 

receive opposition from the local, county and adjacent 

landowners to accept the donation. 

5 

The department recommends a technical correction to 

the bill. On page 2, line 2, strike ‘‘numbered’’ and insert 

‘‘entitled ‘Florissant Fossil Beds National Monument Proposed Boundary Adjustment’, numbered’’ to include the 

name of the revised map in addition to the number and 

date. This correction will ensure the language is consistent 

with the standards for identifying maps in public laws related to the National Park Service. 

Mr. Chairman, this concludes my testimony. I would be 

happy to answer any questions you or other members of 

the subcommittee may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the original 

bill, as reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

PUBLIC LAW 91 60 

AN ACT To provide for the establishment of the Florissant Fossil Beds National 

Monument in the State of Colorado 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That, in order to 

preserve and interpret for the benefit and enjoyment of present and 

future generations the excellently preserved insect and leaf fossils 

and related geologic sites and objects at the Florissant lakebeds, 

the Secretary of the Interior may acquire by donation, purchase 

with donated or appropriated funds, or exchange such land and interests in land in Teller County, Colorado, as he may designate 

from the lands shown on the map øentitled ‘‘Proposed Florissant 

Fossil Beds National Monument’’, numbered NM FFB 7100, and 

dated March 1967, and more particularly described by metes and 

bounds in an attachment to that map,¿ entitled ‘‘Florissant Fossil 

Beds National Monument Proposed Boundary Adjustment’’, numbered 171/132,544, and dated May 3, 2016, not exceeding, however, øsix thousand acres¿ 6,300 acres thereof, for the purpose of 

establishing the Florissant Fossil Beds National Monument. 

SEC. 2. The Secretary of the Interior shall administer the property acquired pursuant to section 1 of this Act as the Florissant 

Fossil Beds National Monument in accordance with the Act entitled 

‘‘An Act to establish a National Park Service, and for other purposes,’’ approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et 

seq.), as amended and supplemented. 

SEC. 3. There are authorized to be appropriated such sums, but 

not more than $3,727,000, as may be necessary for the acquisition 

of lands and interests in land for the Florissant Fossil Beds National Monument and for necessary development expenses in connection therewith. 

Æ