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                                                        Calendar No. 32
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-21

======================================================================
 
         WIND CAVE NATIONAL PARK BOUNDARY REVISION ACT OF 2005

                                _______
                                

                 March 8, 2005.--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. 276]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 276) 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. 276 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. 276 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. 276 was introduced by Senators Johnson and Thune on 
February 3, 2005. During the 108th Congress, the Committee 
considered identical legislation, S. 425, sponsored by Senator 
Daschle. The committee also considered similar legislation, S. 
2788, during the 107th Congress. The Subcommittee on National 
Parks held a hearing on S. 2788 on September 19, 2002, (S. Hrg. 
107-680) 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 S. 1894, and the bill, as 
amended, passed the Senate by unanimous consent on November 19, 
2002.
    In the 108th Congress, the Subcommittee on National Parks 
held a hearing on S. 425 on March 4, 2003 (S. Hrg. 108-14). At 
its business meeting on March 12, 2003, the Committee on Energy 
and Natural Resources ordered S. 425 favorably reported (S. 
Rept. 108-26). S. 425 passed the Senate, with amendment and 
amendment to the title, by unanimous consent on October 10, 
2004. The text of S. 425 was also included in Senate amendments 
of H.R. 620 and S. 1521, both of which passed the Senate, as 
amended, by unanimous consent on December 7, 2004. The House of 
Representatives did not consider any of these bills prior to 
the sine die adjournment of the 108th Congress.
    At its business meeting on February 16, 2005, the Committee 
on Energy and Natural Resources ordered S. 276 favorably 
reported.

                       COMMITTEE RECOMMENDATIONS

    The Committee on Energy and Natural Resources, in open 
business session on February 16, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 276 as 
described herein.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the Act the ``Wind Cave National Park 
Boundary Revision Act of 2005.''
    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.

S. 276--Wind Cave National Park Boundary Revision Act of 2005

    S. 276 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 could 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. 
276 over the next five years. Of that amount, we estimate that 
about $6 million would be spent in 2005 or 2006 to purchase 
5,595 acres of privately owned land adjacent to the existing 
park boundary. During this period, we expect that 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 nearby 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 another $2 million during 2005 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 2005, assuming the availability of 
appropriated funds. This cost estimate is based on information 
provided by the NPS and by local taxing authorities.
    Enacting S. 276 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 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 S. 276. 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. 276, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    During the 108th Congress, the Committee considered 
identical legislation (S. 425). The views of the Administration 
on S. 425 were included in testimony received by the Committee 
at a hearing on the bill on September 9, 2003, as 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. 276, as ordered 
reported.