[Senate Report 104-199]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 303
104th Congress                                                   Report
                                 SENATE

 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 
National Forest.
    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 
boundary.
    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.

                          legislative history

    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 
reported.

           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 
without amendment.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Jeffords \1\
Mr. Burns
Mr. Johnston \1\
Mr. Bumpers
Mr. Ford \1\
Mr. Bradley \1\
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan \1\
    \1\ Indicates voted by proxy.

                      section-by-section analysis

    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 3.
    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:

                                     U.S. Congress,
                               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 
significant.
    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.
            Sincerely,
                                         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 
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. 562, as ordered reported.

                        executive communications

    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 
follows:

   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 
not.
    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 
ordered reported.