```

[Senate Report 108-26]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 41
108th Congress                                          
                                 SENATE                 Report 108-26 
 1st Session                                                     
======================================================================
 
         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.

                                

```