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                                                       Calendar No. 458
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-185

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



 
   TUMACACORI NATIONAL HISTORICAL PARK BOUNDARY REVISION ACT OF 2002

                                _______
                                

                 June 27, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2234]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2234) to revise the boundary of the 
Tumacacori National Historical Park in the State of Arizona, 
having considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 2234 is to revise the boundary of the 
Tumacacori National Historical Park in the State of Arizona to 
authorize the addition of approximately 310 acres to the park.

                          Background and Need

    During the latter part of the 17th century, the Jesuit 
missionary Father Eusebio Francisco Kino established several 
missions in what is now northern Mexico and southern Arizona.
    One of the missions established by Father Kino was the 
mission of San Jose de Tumacacori, approximately 45 miles south 
of Tucson. The mission was originally built in the latter part 
of the 17th century and used as a ``visita,'' a site where 
services were occasionally held. Today the site contains a 
church and structures constructed under the direction of Jesuit 
missionaries in the late 1700's and early 1800's.
    President Theodore Roosevelt declared the site a National 
Monument in 1908, and set aside nine acres surrounding the 
mission. In 1990, Tumacacori National Monument was redesignated 
as Tumacacori National Historical Park and the Secretary of the 
Interior acquired the nearby ruins of Los Santos Angeles de 
Guevavi and the Kino visita and rancheria ruins of Calabazas.
    The expansion of the park's boundary would allow the 
National Park Service to enhance the visitor experience at 
Tumacacori, add a living history program with livestock and 
farming, develop more of the Juan Bautista de Anza National 
Historic Trail that now exists on private land between 
Tumacacori and the nearby community of Tubac, and develop and 
expand the outreach of the park and trail with Native American 
groups and local communities.
    The legislation has received the support of the surrounding 
community. The current owners of the land at issue are willing 
sellers and most of the land is already listed for sale.

                          Legislative History

    H.R. 2234, sponsored by Representative Ed Pastor, was 
passed by the House of Representatives on November 28, 2001. 
The Subcommittee on National Parks held a hearing on H.R. 2234 
on February 14, 2002. The Committee on Energy and Natural 
Resources ordered H.R. 2234 favorably reported at its business 
meeting on June 5, 2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 2234.

                      Section-by-Section Analysis

    Section 1 entitles the bill ``Tumacacori National 
Historical Park Boundary Revision Act of 2002.''
    Section 2 sets forth the findings and the purposes.
    Section 3 amends section 1(b) of Public Law 101-344 (16 
U.S.C. 410ss(b)) to expand the boundary of the Tumacacori 
National Historical Park by adding two separate parcels, which 
are adjacent to the original Tumacacori unit of the park. The 
addition totals approximately 310 acres.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
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 H.R. 2234, the 
Tumacacori National Park Boundary Revision Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2234--Tumacacori National Historical Park Boundary Revision Act of 
        2002

    H.R. 2234 would expand the boundary of the Tumacacori 
National Historic Park in Arizona. Adjusting the boundary would 
enable the National Park Service (NPS) to acquire about 310 
acres of land adjacent to the existing parks, which currently 
consists of about 46 acres.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 2234 would cost the federal 
government about $3 million over the next five years and about 
$100,000 annually thereafter. We estimate that the NPS would 
spend between $2 million and $2.5 million of this amount over 
the next year or two to purchase the land that would be added 
to the park by the act. An estimated $350,000 would be spent 
over the following two or three years to improve a trail system 
and rehabilitate an orchard on the property. We estimate that 
recurring operation and maintenance costs for the park would 
increase by about $100,000 a year, assuming appropriation of 
the necessary amounts.
    H.R. 2234 would not affect direct spending; therefore pay-
as-you-go procedures would not apply. The legislation 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 government.
    On December 4, 2001, CBO transmitted a cost estimate for 
H.R. 2234 as ordered reported by the House Committee on 
Resources on November 28, 2001. The two versions of the 
legislation are identical, as are our cost estimates.
    The CBO staff contact for this estimate is 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 H.R. 2234. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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 H.R. 2234.

                        Executive Communications

    The testimony provided by the National Park Service at the 
subcommittee hearing follows:

Statement of Durand Jones, Deputy Director, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on H.R. 2234. This bill 
would revise the boundary of Tumacacori National Historical 
Park in the State of Arizona.
    The Department supports H.R. 2234, as passed by the House 
to correct the name and number of the map reference in the 
bill. On November 13, 2001 the Department testified in support 
of H.R. 2234 before the Subcommittee on National Parks, 
Recreation, and Public Lands, of the House Committee on 
Resources, suggesting one technical amendment relating to the 
name and number of the map reference in the bill which was 
adopted by the subcommittee at the markup held on November 
15th.
    The legislation would allow the park to fulfill the 
original purposes for which it was established, create more 
opportunities to expand educational and recreational 
partnerships within the new boundary and beyond, and has 
received the support of the surrounding community. Expanding 
the boundary of Tumacacori NHP would fulfill one of the goals 
identified in the park's approved General Management Plan, and 
the owners of the lands proposed for addition have expressed a 
willingness to sell.
    H.R. 2234 would amend Public Law 101-344, the Act 
authorizing the establishment of Tumacacori National Historical 
Park, and expand the boundary of the park by adding two 
separate parcels, which are adjacent to the original Tumacacori 
unit of the park and total approximately 310 acres. The 
legislation also defines the purpose for adding these lands.
    Tumacacori National Historical Park is a 45-acre unit of 
the National Park System because the mission is an outstanding 
example of 18th century Spanish Colonial architecture and 
served as the source and center of a community and a way of 
life that survived for centuries in a harsh and demanding 
environment. To tell that story means more than protecting a 
building. It means protecting the resources that nourished and 
maintained it--its orchards, crops, and fields. The proposed 
additions to the boundary contain these resources.
    Tumacacori is one of a chain of missions established by the 
Spanish in the Pimeria Alta (land of the Upper Pima Indians) 
from Sonora, Mexico to San Xavier del Bac near Tucson. Father 
Kino established Mission San Cayetano de Tumacacori 
approximately forty miles south of present day Tucson in 1691. 
At its height, the mission land grant included nearly 6,000 
acres.
    Theordore Roosevelt set aside 9 acres immediately around 
the church as Tumacacori National Monument in 1908. The 
boundary of the monument was revised with the addition of 6 
acres in 1978. In 1990 the missions of Guevavi (8 acres) and 
Calabazas (22 acres), to the south along the Santa Cruz River, 
were added and the park redesignated a National Historical 
Park.
    The 18th and 19th century Tumacacori Mission encompassed 
not only a church and its associated compound, but also homes 
for the native people. The mission supported itself by what it 
could grow and graze on its lands along the Santa Cruz River. 
Vegetables and fruits grew in a large (5 acres) walled orchard 
and garden irrigated by the acequia (irrigation ditch). 
Eventually homesteaders settled mission lands, and by the time 
Tumacacori National Monument was set aside all of the former 
mission lands were in private ownership. Today the mission 
stands divorced from its land and people. One quarter of the 
historic orchard and its visible wall remains. The majority of 
the acequia, mission farmland and a section of the Santa Cruz 
River all lie on adjacent private land.
    The park's General Management Plan (1996) identified the 
need to acquire additional lands to obtain the rest of the 
mission orchard. Acquisition of the entire historic remains of 
the orchard, former mission farmlands and the acequia would 
allow the park to recreate a 19th century cultural landscape. 
Future visitors would understand that the mission was not just 
a church but a complete self-sustaining community. The nearby 
Santa Cruz River, a desert riparian area, is a vital 
educational tool to understand how the native and mission 
communities were able to develop and thrive in the desert. In 
addition, expansion of the park boundary would allow the 
National Park Service to enhance the recreational experience of 
visitors along the Juan Bautista de Anza National Historic 
Trail between Tubac and Tumacacori as well as partner with 
communities all along the Santa Cruz River to further develop 
the recreational and educational values of the trail.
    The two parcels of private land proposed to be included in 
the Tumacacori NHP boundary are a 90-acre parcel to the south 
and east and a 220-acre parcel to the north and east. The 
owners have expressed their interest in selling to the National 
Park Service. Acquisition costs for the two parcels are 
estimated at $2,000,000 to $2,500,000, although actual costs 
would not be known until appraisals on the land are completed. 
A non-profit group may be 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.
    Since the National Park Service intends to return the 
proposed additional lands to a 19th century cultural landscape 
there will be little additional park operational funding 
needed. Park staff would be able to provide a basic level of 
resource protection to lands that are acquired through existing 
financial resources. In the future, funding will be needed to 
develop visitor use trails as well as rehabilitate and replant 
the mission orchard as called for in the General Management 
Plan. No other visitor facilities will be built in the new 
areas. An additional 1.5 FTE would be needed in personnel for 
the increased maintenance responsibilities. Costs to accomplish 
these projects would require one-time funding of approximately 
$250,000 for visitor trail, waysides and bridge construction 
and $100,000 to reconstruct and replant the orchard. A $78,000 
base increase for maintenance staff would be needed.
    H.R. 2234 has generated a cross-section of support. The 
county supervisor on the Santa Cruz County Board of 
Supervisors, whose district includes the park, has expressed 
support. Local community groups that have expressed support for 
the legislation include the Friends of the Santa Cruz River, 
the Anza Trail Coalition and the Tubac Historical Society.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased 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 Act H.R. 2234, as ordered 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 101-344


  AN ACT To establish the Tumacacori National Historical Park in the 
                            State of Arizona

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. TUMACACORI NATIONAL HISTORICAL PARK.

    (a) * * *
    (b) Area Included.--The park shall consist of the existing 
Tumacacori National Monument, together with (1) the ruins of 
Los Santos Angeles de Guevavi, the first mission in Arizona 
(consisting of approximately 8 acres) and (2) the Kino visita 
and rancheria ruins of Calabazas (consisting of approximately 
22 acres), each as generally depicted on the map entitled 
``Boundary Map, Tumacacori National Historical Park'', numbered 
311/80018, and dated February 1990. The park shall also consist 
of approximately 310 acres of land adjacent to the original 
Tumacacori unit of the park and generally depicted on the map 
entitled ``Tumacacori National Historical Park, Arizona 
Proposed Boundary Revision 2001'', numbered 310/80,044, and 
dated July 2001. [The map] The maps shall be on file and 
available for public inspection in the offices of the National 
Park Service, Department of the Interior.

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