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Calendar No. 303
104th Congress Report
1st Session 104-199
WALNUT CANYON NATIONAL MONUMENT BOUNDARY MODIFICATION ACT OF 1995
December 22, 1995.--Ordered to be printed
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 562]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 562) to modify the boundaries of Walnut
Canyon National Monument in the State of Arizona, having
considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
purpose of the measure
The purpose of H.R. 562 is to modify the boundaries of
Walnut Canyon National Monument in Arizona through a land
exchange between the National Park Service and the U.S. Forest
Service, in order to better protect and preserve two
archaeologically significant Sinaguan ``forts.''
background and need
Walnut Canyon National Monument was established by
Presidential Proclamation in 1915 to protect and preserve
numerous Sinaguan cliff dwellings and associated sites. The
monument was expanded in 1938 and again in 1956, and now
consists of 2,300 acres, of which approximately 238 are
privately owned. Significant Sinaguan resources remain outside
the boundaries of the monument, some under private ownership
and some within the boundaries of the surrounding Coconino
Within Walnut Canyon are five areas where archaeological
sites are concentrated around natural promontories extending
into the canyon; early archaeologists referred to these as
``forts.'' Two, and portions of a third, of the five forts are
within the current boundaries of Walnut Canyon National
Monument. The two remaining forts would be included within the
monument boundaries under this legislation, as well as the
Santa Fe Dam, which is listed on the National Register of
Historic Places. Development and expansion of the city of
Flagstaff in the direction of the monument and the resulting
increase in public use of both the monument and Coconino
National Forest are causing concern over protection of the
archaeological resources which remain outside of the monument
H.R. 562 would modify the boundary of Walnut Canyon
National Monument by adding 1,292 acres and deleting 54 acres,
pursuant to a referenced map. Of these acres, approximately
1,239 acres will be administratively transferred from the
Forest Service to the National Park Service. Fifty-three acres
of privately-owned land will be included within the monument
boundary. The 54-acre deletion will be transferred
administratively from the National Park Service to the Forest
Service to be managed as part of the Coconino National Forest.
H.R. 562, introduced by Representative Hay Worth, passed
the House of Representatives by a vote of 371 to 49 on March
14, 1995. Companion legislation, S. 231, was introduced by
Senators Kyl and McCain on January 17, 1995. The Subcommittee
on Parks, Historic Preservation, and Recreation held a hearing
on S. 231 and H.R. 562 on November 9, 1995.
Similar legislation, S. 2359, was introduced by Senators
DeConcini and McCain during the 103rd Congress. The
Subcommittee on Public Lands, National Parks and Forests held a
hearing on S. 2359 on October 5, 1994. No further action was
taken on the bill.
At the business meeting on December 6, 1995, the Committee
on Energy and Natural Resources ordered H.R. 562 favorably
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on December 6, 1995, by a unanimous vote of a
quorum present, recommends that the Senate pass H.R. 562
The rollcall vote on reporting the measure was 20 yeas, 0
nays, as follows:
Mr. Nickles \1\
Mr. Jeffords \1\
Mr. Johnston \1\
Mr. Ford \1\
Mr. Bradley \1\
Mr. Bingaman \1\
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan \1\
\1\ Indicates voted by proxy.
Section 1 entitles the Act the ``Walnut Canyon National
Monument Boundary Modification Act of 1995.''
Section 2 describes the findings and purpose of the Act.
Section 3 provides a map reference for the boundary
modification and authorizes the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to make
technical and clerical corrections to the map.
Section 4 authorizes the Secretary of the Interior to
acquire lands and interest in lands within the monument
boundary with donated or appropriated funds, or by exchange.
This section also specifies that administrative jurisdiction is
transferred to the appropriate Secretary for lands variously
excluded or included pursuant to the boundary modification in
Section 5 directs the Secretary of the Interior to manage
the monument in accordance with this Act and other laws
pertaining to units of the National Park Service.
Section 6 authorizes the appropriation of such sums as may
be necessary to carry out this Act.
cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
Congressional Budget Office,
Washington, DC, December 12, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 562, the Walnut Canyon National Monument Boundary
Modification Act of 1995, as ordered reported by the Senate
Committee on Energy and Natural Resources on December 6, 1995.
We estimate that implementing this act would cost the federal
government less than $200,000, assuming appropriation of the
necessary amounts. H.R. 562 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
H.R. 562 would modify the boundaries of the Walnut Canyon
National Monument in Arizona. Under section 4 of the act,
approximately 1,239 acres of Forest Service land added to the
monument would be transferred to National Park Service (NPS)
jurisdiction, while about 54 acres of land excluded from the
new boundaries would be transferred to Forest Service
jurisdiction. The new boundaries also would encompass an
additional 53 acres of privately owned land, which could be
acquired by purchase, donation, or exchange.
CBO estimates that the federal government could spend up to
$200,000 if the NPS purchases the private acreage added to the
park boundary. Based on information provided by the agency,
however, it appears likely that this property would not be
acquired for several years, if at all. Additional costs to
survey, map, and manage the new park areas would not be
Enactment of this legislation would have no impact on the
budgets of state or local governments.
On February 23, 1995, CBO prepared a cost estimate for H.R.
562, the Walnut Canyon National Monument Boundary Modification
Act of 1995, as ordered reported by the House Committee on
Resources on February 15, 1995. The estimate for that version
of the bill is identical to this estimate.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
June E. O'Neill, Director.
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 H.R. 562. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
Little, if any, additional paperwork would result from the
enactment of H.R. 562, as ordered reported.
The Committee on Energy and Natural Resources has requested
legislative reports from the Department of the Interior,
Department of Agriculture, and the Office of Management and
Budget setting forth Executive agency recommendations on H.R.
562. These reports had not been received at the time the report
on H.R. 562 was filed. When these 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 Department of the Interior at the November 9, 1995 hearing
Testimony of Denis P. Galvin, Associate Director for Professional
Services, National Park Service, Department of the Interior
Mr. Chairman, it is a pleasure to be here today to discuss
several bills that will benefit Rocky Mountain National Park
and Walnut Canyon National Monument. I also am pleased to be
here to testify on a bill that would create the New Bedford
Whaling National Historical Park in New Bedford, Massachusetts.
The Administration supports S. 364, S. 509, S. 231, H.R.
562, and S. 608. Although we believe that S. 342 may have
merit, we prefer this legislation be deferred until further
study has been completed.
I will address each bill separately beginning with the
three bills affecting Rocky Mountain National Park.
* * * * * * *
walnut canyon national monument
S. 231, the Walnut Canyon National Monument Boundary Modification Act
of 1995/H.R. 562, the Walnut Canyon National Monument Boundary
Modification Act of 1995
We strongly support the enactment of S. 231. We also
recommend that two amendments be made to S. 231 to conform it
to its companion bill, H.R. 562, as passed by the House on
March 14, 1995.
Walnut Canyon National Monument was established in 1915,
and has served to protect and interpret the ruins of
prehistoric Sinaguan settlements and land use patterns. The
early prehistoric occupation of the canyon dates back to the
period between A.D. 800 and A.D. 950, but most of the sites
date from the 12th and 13th century and are thought to
represent a dramatic influx of population during that time.
There are five steep, rocky ridges within the canyon that
extend from the rims. Archeological sites cluster around these
dramatic features, which were called ``forts'' by early
archaeologists. Three of the five forts are now within Walnut
Canyon National Monument. The proposed legislation would add
the other two forts and associated archeological sites. Placing
all five of these primary archeological areas under the
management of the National Park Service would provide for
consistent and unified management under an agency specifically
mandated to preserve, protect, and interpret them as part of
our national heritage.
The bill identifies 1,279 acres to be added to the boundary
of Walnut Canyon National Monument. These lands are federally
owned and are presently managed by the U.S. Forest Service,
Coconino National Forest.
Two parcels totalling 54 acres are proposed for deletion
from the monument and transfer to the National Forest. One
parcel contains a 1-mile portion of Forest Road 303, which was
included in the monument by an early survey error. The second
parcel was set aside for a borrow pit to be used in
construction of the entry road to the monument but was not used
for this purpose.
The need to expand Walnut Canyon has long been recognized
and has been the subject of intense discussions by the agencies
and the public for several years.
The lands to be added to the monument under this proposal
include important cultural resources directly related to the
monument and its purposes. The U.S. Forest Service and the
National Park Service will continue to work closely to insure
protection of the monument and the resources on adjacent
National Forest System lands.
We recommend that the bill be amended to include 53 acres
of privately owned land located at the eastern boundary of the
monument. The landowner has requested that his land be included
within the boundary of the monument and H.R. 562 includes this
property. The inclusion of this property within the boundary
would facilitate future communications and negotiations for
both the Federal government and the landowner. To ensure that
this property is included inside the boundary of the monument,
the map number in Section 3 must be changed to ``360/80,010''.
The boundary of the monument in map number 360/80,010 includes
this property while the boundary in map number 360/80,011 does
We also recommend that Section 3 be amended by adding the
following sentence at the end of the section: ``The Secretary
of the Interior, in consultation with the Secretary of
Agriculture, is authorized to make technical and clerical
corrections to such map.'' This language, which is also
included in H.R. 562, would enable the agencies to make
technical and clerical corrections to the map, if necessary.
* * * * * * *
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 Act H.R. 562, as