Senate Report 113-96 - VALLES CALDERA NATIONAL PRESERVE MANAGEMENT

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

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

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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.