```

[Senate Report 113-96]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 174
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-96

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

 
              VALLES CALDERA NATIONAL PRESERVE MANAGEMENT

                                _______
                                

               September 10, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 285]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 285) to designate the Valles Caldera 
National Preserve as a unit of the National Park System, and 
for other purposes, having considered the same, reports 
favorably thereon with amendments and recommends that the bill, 
as amended, do pass.
    The amendment are as follows:

    1. On page 5, line 21, before the period insert ``in Jemez 
Springs, New Mexico''.
    2. On page 5, line 22, strike ``may'' and insert ``shall''.
    3. On page 5, line 24, insert ``at levels and locations 
determined by the Secretary to be appropriate,'' before 
``consistent''.
    4. On page 6, strike lines 4 through 16 and insert the 
following:
    (f) Hunting, Fishing, and Trapping.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary shall permit hunting, fishing, and 
        trapping on land and water within the Preserve in 
        accordance with applicable Federal and State law.
          (2) Administrative exceptions.--The Secretary may 
        designate areas in which, and establish limited periods 
        during which, no hunting, fishing, or trapping shall be 
        permitted under paragraph (1) for reasons of public 
        safety, administration, or compliance with applicable 
        law.
          (3) Agency agreement.--Except in an emergency, 
        regulations closing areas within the Preserve to 
        hunting, fishing, or trapping under this subsection 
        shall be made in consultation with the appropriate 
        agency of the State having responsibility for fish and 
        wildlife administration.
          (4) Savings clause.--Nothing in this Act affects any 
        jurisdiction or responsibility of the State with 
        respect to fish and wildlife in the Preserve.

                                PURPOSE

    The purpose of S. 285 is to designate the Valles Caldera 
National Preserve in New Mexico as a unit of the National Park 
system.

                          BACKGROUND AND NEED

    The Valles Caldera in northern New Mexico is one of only 
three supervolcanoes in the United States and one of six in the 
world. The Valles Caldera is the oldest of the three 
supervolcanoes (having formed 1.25 million years ago), and it 
also is the smallest. Yet the caldera rim spans more than 
100,000 acres, and the eruption created a volcanic ash plume 
that stretched from what is now northern Utah to central 
Kansas. The Valles Caldera has been thoroughly studied, and it 
provides an excellent opportunity for both experts and the 
public to learn about large volcanic eruptions and their 
impacts on surrounding landscapes.
    The Valles Caldera's expansive grassland valleys, 
meandering headwaters of the Jemez River, and forested 
mountains offer outstanding scenery and provide habitat to a 
variety of wildlife including peregrine falcons, bald eagles, 
trout, and a 3,000-strong elk herd. In 1975, the Valles Caldera 
received formal recognition as an outstanding and nationally 
significant geologic resource when it was designated a National 
Natural Landmark.
    In 2000 Congress passed the Valles Caldera Preservation Act 
(Public Law 106-248; 16 U.S.C. 698v et seq.), which authorized 
the United States to acquire the Baca Ranch (which includes the 
Valles Caldera) from its private owners. The legislation 
provided for the establishment of the Valles Caldera National 
Preserve and provided for it to be administered by the Valles 
Caldera Trust. The Trust operates under an experimental 
management framework in which a Presidentially-appointed Board 
of Trustees manages the National Preserve to protect and 
preserve the scientific, scenic, geologic, watershed, fish, 
wildlife, historic, cultural, and recreational values of the 
Preserve, and to provide for the use of its renewable 
resources. The legislation also directed the Trust to prepare a 
budget with a goal of becoming financially self-sustaining by 
2015.
    The Valles Caldera Preservation Act also provided that the 
Trust would terminate at the end of the twentieth full fiscal 
year following acquisition of the Baca Ranch. The law further 
provided that ``in the event of termination of the Trust, the 
Secretary [of Agriculture] shall assume all management and 
administrative functions over the Preserve, and it shall 
thereafter be managed as a part of the Santa Fe National 
Forest, subject to all laws applicable to the National Forest 
System.'' Upon passage of the Act, the Federal Government 
acquired the property for approximately $100 million.
    In the years since the establishment of the National 
Preserve, there have been concerns that the management 
framework is not working and has resulted in limited public 
access. For example, in Fiscal Year 2011, the 89,000-acre 
Preserve received 97,552 visitors. By comparison, the adjacent 
34,000-acre Bandelier National Monument, which is administered 
by the National Park Service, has annual visitation that has 
varied between 150,000-430,000 visitors annually.
    In October of 2009, the Government Accountability Office 
released a report (GAO-10-84) stating that the Preserve was at 
least five years behind schedule in the development of an 
effective management control system and that the goal of 
becoming financially self-sustaining by 2015 remained the 
Trust's biggest challenge and would be difficult to achieve. 
The report noted that the Trust had failed to establish key 
elements of an effective management program, including that it 
lacked a strategic plan and had not met the requirements for 
performance planning, monitoring, or reporting as required by 
the Government Performance and Results Act.
    In December 2009, the National Park Service completed a 
reconnaissance study which updated the Park Service's 1979 
feasibility study regarding the designation of the Valles 
Caldera as a unit of the National Park System. The study found 
that the Valles Caldera possesses nationally significant 
geologic resources and meets the suitability and feasibility 
requirements necessary for inclusion in the National Park 
System.

                          LEGISLATIVE HISTORY

    S. 285 was introduced by Senators Udall of New Mexico and 
Heinrich on February 12, 2013. The Subcommittee on National 
Parks held a hearing on S. 285 on April 23, 2013. At its 
business meeting on June 18, 2013, the Committee ordered S. 285 
favorably reported with amendments.
    In the 112th Congress, a Senators Bingaman and Udall of New 
Mexico introduced a similar measure, S. 564, on March 10, 2011. 
The Subcommittee on National Parks held a hearing on S. 564 on 
May 11, 2011 (S. Hrg. 112-124).
    Senators Bingaman and Udall of New Mexico also introduced 
similar legislation in the 111th Congress, S. 3452. The 
Subcommittee on National Parks held a hearing on S. 3452 on 
June 30, 2010 (S. Hrg. 111-321). At its business meeting on 
August 5, 2010, the Committee ordered S. 3452 favorably 
reported, as amended (S. Rept. 111-321).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 18, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 285 if 
amended as described herein. Senators Barrasso, Risch, Lee, 
Scott, and Portman asked to be recorded as voting no.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 285, the Committee adopted 
four amendments. The first amendment provides that a science 
and education center authorized in section 3(d) to be 
established outside of the boundaries of the National Preserve, 
be located in Jemez Springs, New Mexico.
    The second and third amendments revise the grazing 
provisions in the bill to require that grazing be allowed to 
continue with the National Preserve at levels and locations 
determined by the Secretary of the Interior to be appropriate, 
to the extent the use furthers scientific research or 
interpretation of the ranching history of the Preserve.
    The fourth amendment modifies the fish and wildlife 
language in section 3(f) to provide that the Secretary of the 
Interior to permit hunting, fishing, and trapping within the 
National Preserve in accordance with applicable Federal and 
State law. The Secretary is authorized to designate areas in 
which, and establish limited periods during which no hunting, 
fishing, or trapping shall be permitted for reasons of public 
safety, administration, or compliance with applicable law. 
Except in an emergency, regulations closing areas of the 
Preserve to hunting, fishing, or trapping shall be made in 
consultation with the appropriate State agency.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Valles Caldera 
National Preserve Management Act''.
    Section 2 defines key terms in the bill.
    Section 3(a) designates the Valles Caldera National 
Preserve (National Preserve) as a unit of the National Park 
System.
    Subsection (b)(1) directs the Secretary of the Interior 
(Secretary) to administer the National Preserve in accordance 
with this Act and the laws generally applicable to units of the 
National Park System including the National Park Service 
Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 
1935 (16 U.S.C. 461 et seq.).
    Paragraph (2) authorizes the Secretary to coordinate the 
management and operation of the National Preserve with the 
Bandalier National Monument.
    Paragraph (3) directs the Secretary to prepare a management 
plan for the National Preserve, in consultation with the 
Secretary of Agriculture, State and local governments, Indian 
tribes, and the public within 3 years after the date on which 
funding becomes available.
    Subsection (c) authorizes the Secretary to acquire land and 
interests in land within the boundaries of the National 
Preserve by purchase with donated or appropriated funds, 
donation, or transfer from a another Federal agency and directs 
the Secretary to administer the acquired lands or interests in 
land as part of the National Preserve.
    Subsection (d) directs the Secretary to carry out the 
science and education program for the National Preserve 
established by the Trust, until the management plan required 
under subsection (b)(3) is completed. Upon completion of the 
management plan, the Secretary is directed to establish a 
science and education program for the National Preserve. The 
Secretary is authorized to establish a science and education 
center outside the boundaries of the National Preserve in Jemez 
Springs, New Mexico.
    Subsection (e) directs the Secretary to allow the grazing 
of livestock within the National Preserve consistent with this 
Act and at levels and locations determined by the Secretary to 
be appropriate and to the extent the use furthers scientific 
research or interpretation of the ranching history of the 
preserve.
    Subsection (f)(1) directs the Secretary to permit hunting, 
fishing, and trapping within the Preserve in accordance with 
applicable Federal and State law.
    Paragraph (2) authorizes the Secretary to designate areas 
and establish limited periods during which no hunting, fishing, 
trapping shall be permitted for reasons of public safety, 
administration, or compliance with applicable law.
    Paragraph (3) requires that, except in an emergency, all 
regulations closing areas within the Preserve to hunting, 
fishing, or trapping shall be made in consultation with the 
appropriate State of New Mexico agency having responsibility 
for fish and wildlife administration.
    Paragraph (4) provides that noting in this Act affects the 
jurisdiction or responsibility of the State with respect to 
fish and wildlife in the National Preserve.
    Subsection (g)(1) directs the Secretary to undertake 
activities to improve the health of the forest, grassland, and 
riparian areas within the National Preserve, including 
activities carried out in accordance with title IV of the 
Omnibus Public Land Management Act of 2009 (16 U.S.C. 7301 et 
seq.), relating to forest landscape restoration.
    Paragraph (2) authorizes the Secretary to enter into 
cooperative agreements with adjacent pueblos to coordinate 
activities carried out under paragraph (1) on the Preserve and 
adjacent pueblo land.
    Subsection (h) withdraws all land and interests in land 
within the boundaries of the Preserve, subject to valid 
existing rights, from entry, disposal, or appropriation under 
the public land laws; from location, entry, and patent under 
the mining laws; and from operation of the mineral leasing 
laws, geothermal leasing laws, and mineral material laws.
    Subsection (i)(1) restricts motorized access, and the 
building of roads or buildings within the area above 9,600 feet 
in elevation or 250-feet below the top, whichever is lower, of 
the domes and peaks described in paragraph (2).
    Paragraph (2) provides a list of all the domes and other 
peaks referred to in paragraph (1).
    Paragraph (3) provides an exception where motorized access 
is necessary for administrative purposes or measures required 
in emergencies to protect the health and safety of persons in 
the area.
    Subsection (j)(1) directs the Secretary to ensure the 
protection of traditional cultural and religious sites in the 
National Preserve in consultation with the Indian tribes and 
pueblos.
    Paragraph (2) requires that the Secretary provide access to 
the sites described in paragraph (1) by members of Indian 
tribes or pueblos for traditional cultural and customary uses 
and may, on request of an Indian tribe or pueblo, temporarily 
close specific areas of the National Preserve to general public 
access in order to protect traditional cultural and customary 
uses in the area by members of the Indian tribe or pueblo.
    Paragraph (3) directs the Secretary to maintain 
prohibitions on the use of motorized or mechanical travel on 
preserve land located adjacent to the Santa Clara Indian 
Reservation to the extent the prohibition was in effect on the 
date of the enactment of this Act.
    Subsection (k) requires the Secretary, in consultation with 
the Secretary of Agriculture, to study the feasibility of 
establishing a hiking trail along the rim of the Valles Caldera 
on land within the National Preserve, and National Forest 
System land that is adjacent to the Preserve, within 3 years 
after the date of enactment of this Act. Upon the request of an 
affected Indian tribe or pueblo, the Secretary and the 
Secretary of Agriculture are directed to seek to enter into an 
agreement with the Indian tribe or pueblo that provides for the 
protection of cultural and religious sites in the vicinity of 
the trail and the privacy of adjacent pueblo land.
    Subsection (l) provides that nothing in this Act affects 
valid existing rights.
    Section 4(a) transfers administrative jurisdiction over the 
National Preserve from the Secretary of Agriculture and the 
Trust to the Secretary to be administer as a unit of the 
National Park Service
    Subsection (b) modifies the boundaries of the Santa Fe 
National Forest to exclude the National Preserve.
    Subsection (c)(1) directs the Secretary and the Trust to 
enter into a memorandum of agreement within 90 days after the 
date of enactment of this Act to facilitate the orderly 
transfer of the administration of the National Preserve to the 
Secretary.
    Paragraph (2) allows the Secretary to administer the 
National Preserve in accordance with any management activities 
of plans adopted by the Trust until the date on which the 
Secretary completes a management plan for the Preserve under 
section 3(b)(1).
    Paragraph (3) requires that the National Preserve remain 
open to the public during the interim management period.
    Subsection (d)(1) terminates the Trust 180 days after the 
enactment of this Act unless the Secretary determines that the 
termination date should be extended in order to facilitate the 
transitional management of the National Preserve.
    Paragraph (2)(A) requires that all assets of the Trust be 
transferred to the Secretary and that any amounts appropriated 
for the Trust be available to the Secretary for the 
administration of the National Preserve.
    Subparagraph (B) requires the Secretary, upon termination 
of the Trust, to assume all contracts, obligations, and other 
liabilities of the Trust and that the Secretary and the Trust 
prepare a budget for the interim management of the National 
Preserve within 90 days after the enactment of this Act. The 
Trust must obtain the written concurrence of the Secretary 
before entering into any new liabilities not authorized in the 
budget prepared under the subclause (I).
    Paragraph (3)(A) authorizes the Secretary and the Secretary 
of Agriculture to hire employees of the Trust on a non-
competitive basis.
    Subparagraph (B) requires that any employees hired under 
subparagraph (A) be subject to the provisions of chapter 51, 
and subchapter III of chapter 53, title 5, United States Code, 
relating to Federal agency employment.
    Subparagraph (C) requires that employees of the Trust be 
retained for 180 days beginning on the date of enactment of 
this Act, and shall be considered to be placed on detail to the 
Secretary.
    Subparagraph (d) provides that nothing in this paragraph 
precludes the termination of employment of an eligible employee 
for cause.
    Paragraph (4) requires that the Secretary have access to 
all records of the Trust pertaining to the management of the 
National Preserve.
    Paragraph (5) transfers power over the Valles Calera Fund 
from the Trust to the Secretary and makes available to the 
Secretary, for the management of the National Preserve, any 
amounts in the Fund without further appropriation.
    Section 5(a) repeals the Valles Caldera Preservation Act 
(16 U.S.C. 698v et seq.) on termination of the Trust.
    Subsection (b) clarifies that notwithstanding the repeal of 
that Act, the authority of the Secretary of Agriculture to 
acquire mineral interests under section 104(e) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v et seq.) is 
transferred to the Secretary to the Secretary and provides that 
any proceeding for the condemnation of, or payment of 
compensation for, an outstanding mineral interest shall 
continue.
    Paragraph (2) requires that the provisions of section 
104(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v 
et seq.) relating to the Pueblo of Santa Clara remain in 
effect.
    Paragraph (3) requires that the Valles Caldera Fund not be 
terminated until all amounts in the Fund have been expended.
    Subsection (c) provides that the boundaries of the 
Preserve, the Santa Fe National Forrest (other than the 
modification made by section 4(b)), the Bandalier National 
Monument, and any land conveyed to the Pueblo of Santa Clara 
not be affected by the repeal of the of the Valles Caldera 
Preservation Act (16 U.S.C. 698v et seq.).
    Section 6 authorizes the appropriation of such sums as are 
necessary to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 285--Valles Caldera National Preserve Management Act

    Summary: S. 285 would transfer administrative jurisdiction 
of the Valles Caldera Preserve in New Mexico from the Forest 
Service to the National Park Service (NPS). Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing S. 285 would cost $27 million over the 2014-2018 
period. Enacting the legislation would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    S. 285 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 285 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2014     2015     2016     2017     2018   2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        3        6        7        7        7        30
Estimated Outlays.......................................        2        5        7        7        7        27
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2013 and that the 
necessary amounts will be appropriated for each fiscal year. 
Estimated outlays are based on the historical spending patterns 
for similar land management activities.
    Under S. 285, the Valles Caldera National Preserve would 
become a unit of the National Park System rather than the 
National Forest System. The preserve would be managed by the 
NPS rather than the Valles Caldera Trust--a wholly owned, 
government-sponsored corporation. (The 89,000-acre preserve was 
established in 2000.) Assets and liabilities of the Valles 
Caldera Trust Fund would be transferred to the NPS along with 
authority to spend amounts in the trust fund without an 
appropriation. Under the bill, the NPS could continue to allow 
grazing on preserve lands as well as hunting, fishing, and 
other recreational activities.
    Based on information provided by the Forest Service and the 
NPS, CBO estimates that the cost of administering the preserve 
would increase by about $1 million annually. (The Forest 
Service currently spends $3 million a year to administer the 
preserve.) The additional costs would result initially from 
required management planning and studies and later from 
improved operations and maintenance activities. In addition, 
assuming appropriation of the necessary amounts, CBO estimates 
that the NPS would spend $22 million over the 2014-2018 period 
to construct facilities for maintenance operations, 
administrative activities, and educational purposes.
    CBO expects that offsetting receipts and associated direct 
spending under the bill would be about the same as under 
current law. The NPS would collect receipts currently collected 
by the trust (primarily recreation fees amounting to less than 
$1 million annually) and would spend those amounts to benefit 
the preserve. Spending of balances in the Valles Caldera Trust 
Fund also would be unchanged under the bill. Finally, we 
estimate that withdrawing land within the preserve from some 
commercial activities such as mining would not reduce 
offsetting receipts because that land is not expected to 
generate any receipts in future years.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 285 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Martin von Gnechten; 
Impact on state, local, and tribal governments: Melissa 
Merrell; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, 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. 285.
    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. 285, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 285, as 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

    The testimony provided by the National Park Service at the 
April 23, 2013, Subcommittee on National Parks hearing on S. 
285 follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
                Park Service, Department of the Interior

    Mr. Chairman and members of the Committee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 285, to designate the 
Valles Caldera National Preserve as a unit of the National Park 
System, and for other purposes.
    The Department supports S. 285 with an amendment described 
later in this statement. The Valles Caldera National Preserve 
(Preserve) has been found to meet the National Park Service's 
criteria for inclusion in the National Park System, and this 
legislation would provide a feasible plan for transferring 
management responsibility for the Preserve from the Valles 
Caldera Trust (Trust) to the National Park Service.
    S. 285 would designate the Valles Caldera National Preserve 
in New Mexico as a unit of the National Park System and would 
transfer administrative jurisdiction of the Preserve to the 
Secretary of the Interior (Secretary) for administration by the 
National Park Service (NPS). The bill would terminate the Trust 
180 days after enactment unless the Secretary determines that 
the termination date should be extended to facilitate the 
transitional management of the Preserve. All assets and 
liabilities of the Trust would be transferred to the Secretary. 
The bill would also authorize the Secretary to coordinate 
management and operations of the Preserve with Bandelier 
National Monument and produce a management plan no later than 
three fiscal years after funds are made available. If S. 285 is 
enacted, we look forward to working with the Trust, the 
Secretary of Agriculture, Indian Tribes and Pueblos, State and 
local governments, and the public to develop a management plan 
and capitalize on the proximity of Bandelier National Monument 
for efficiency of operations, while applying Service First 
principles of sharing resources as appropriate with the 
surrounding Santa Fe National Forest.
    S. 285 would authorize grazing, hunting, and fishing to 
continue within the Preserve. It would also require the 
Secretary to ensure the protection of traditional cultural and 
religious sites, including providing tribal access to the sites 
and temporarily closing specific areas of the Preserve to 
protect traditional uses, in accordance with applicable law. 
The NPS has a long history of consultation with Native 
Americans in the preservation and continuation of traditional 
practices.
    Finally, S. 285 would require that eligible Trust employees 
be retained for at least 180 days from the date of enactment. 
The Secretary and the Secretary of Agriculture would be 
authorized to hire Trust employees on a noncompetitive basis 
for comparable positions at the Preserve or other areas or 
offices under the jurisdiction of the two Secretaries.
    The Valles Caldera National Preserve is an 88,900 acre unit 
of the National Forest System located in the Jemez Mountains of 
north central New Mexico. The Preserve was established by 
Public Law 106-248, the Valles Caldera Preservation Act of 
2000, and is managed by the Valles Caldera Trust, a wholly 
owned goverment corporation established under the Act. The 
Trust is charged with mixing elements of both private and 
public administration while working to achieve resource 
protection, public enjoyment, and financial self sufficiency 
goals.
    The Valles Caldera is considered to be one of the world's 
best intact examples of a resurgent caldera (the remains of a 
huge and ancient volcano with a prominent uplift at its center, 
in this case present-day Redondo Peak) and is of sufficient 
size and configuration to allow for long-term sustainable 
resource protection and visitor enjoyment. The geologic 
features of the Preserve retain a high degree of integrity and 
the Preserve's unique setting of expansive grasslands and 
montane forests provides outstanding scenic values and an array 
of opportunities for public recreation, reflection, education, 
and scientific study. The Preserve also would expand and 
enhance the diversity of volcanic sites represented within the 
National Park System.
    The national significance of the geological resources of 
the Valles Caldera was formally recognized in 1975 when the 
area was designated a National Natural Landmark. Moreover, 
Valles Caldera offers the opportunity to illustrate the 
connection of human history in the region that is showcased at 
Bandelier National Monument with the geologic history that 
shaped the surrounding mesa and canyon landscape.
    As early as 1899, the area around Valles Caldera was 
studied for national park designation, and the resulting report 
proposed that 153,620 acres be set aside for ``Pajarito 
National Park.'' A portion of this area later became Bandelier 
National Monument, established in 1906. Additionally, the 
Valles Caldera was the subject of site investigations and new 
area studies that were completed by the NPS in 1939, 1964, 
1977, and 1979. An Update Report on the NPS 1979 New Area Study 
was completed by the NPS in December 2009, at the request of 
Senator Tom Udall and former Senator Jeff Bingaman. All of 
these studies found that the Valles Caldera was nationally 
significant, suitable and feasible for designation as a unit of 
the National Park System, and the 2009 Update Report reaffirmed 
the results of the prior studies.
    Under S. 285, Valles Caldera would be managed in accordance 
with the 1916 Organic Act and other Acts that have guided the 
NPS for nearly one hundred years ``to provide for the enjoyment 
of the same in such manner and by such means as will leave them 
unimpaired for the enjoyment of future generations'', with 
recognition that the bill allows for continued, sustainable 
grazing, hunting, and fishing. The NPS has experience with 
these activities in our other nineteen designated preserves.
    Based on current expenses for Valles Caldera and the cost 
to operate park units comparable in size and assets, we 
anticipate the annual cost to operate and manage the park would 
be approximately $22 million for developmental costs and $4 
million for annual operational costs, although more complete 
cost estimates would be developed through the general 
management plan. In addition, our 2009 Update Report identifies 
five parcels of private property within the proposed park 
boundaries, totaling 40 acres. Although appraisals have not 
been completed, the expected costs to acquire this private 
property and any transfer costs are not expected to be great. 
Funds would be subject to the availability of appropriations 
and NPS priorities.
    We recommend that the bill be amended to reference a map, 
which would provide certainty about the boundary and make the 
bill consistent with most other laws and pending bills 
designating new units of the National Park System. The NPS 
would be pleased to provide the committee with language for 
that amendment.
    Mr. Chairman, that concludes my prepared remarks. I would 
be happy to answer any questions that you or any 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 S. 285, as ordered 
reported.

                                  

```