[House Report 105-496]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-496
_______________________________________________________________________


 
         NATIONAL CAVE AND KARST RESEARCH INSTITUTE ACT OF 1997

                                _______
                                

 April 28, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 231]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 231) to establish the National Cave and Karst Research 
Institute in the State of New Mexico, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 231 is to establish the National Cave and 
Karst Research Institute in the State of New Mexico.

                  BACKGROUND AND NEED FOR LEGISLATION

    S. 231 was introduced to establish the National Cave and 
Karst Research Institute in the State of New Mexico. Creation 
of the Institute is a result of Public Law 101-578 which 
directed the National Park Service to establish and administer 
a cave research program. The Institute would be located near 
Carlsbad Caverns National Park in New Mexico. Funding for the 
establishment and management of the Institute would come from 
appropriated monies, but only to the extent that these monies 
match an equal amount of funding from non-federal sources. An 
identical companion bill, H.R. 2098, was introduced in the 
House by Congressman Joe Skeen (R-MN).
    Because of concerns with cave and karst protection, the 
Congress passed the Federal Cave Resources Protection Act 
(Public Law 100-691) in 1988 which directed the Secretaries of 
Interior and Agriculture to inventory and list significant 
caves on federal land, to provide for their management, and to 
distribute information about caves. As public awareness 
increased, the Congress passed Public Law 101-578 in 1990, 
which directed the Secretary of the Interior to establish and 
administer a cave research program. Section 203 of Public Law 
101-578 also provided that the Secretary prepare and transmit 
to the Congress a study on the feasibility of establishing a 
Cave Research Institute. The study analyzed the need for the 
facility, its costs, its purposes, and a possible location. The 
results of the study, issued in 1994, indicated that there was 
a need for the facility and that a site near Carlsbad Caverns 
in New Mexico was the preferred and logical location of its 
construction. The Carlsbad site was preferred because of the 
documented strong local community and political support along 
with the numerous and diverse cave and karst resources found 
throughout the area.
    The study further recommended that the Research Institute 
be jointly administered by the National Park Service and 
another entity. However, the Park Service would serve as the 
project lead and have the ultimate responsibility for the 
Institute by retaining indirect control over its activities and 
programs. The cooperating entity would plan, coordinate, and 
administer the Institute and implement its programs. S. 231 
would authorize appropriated funds as may be necessary for the 
Research Institute. As stated above, the Secretary may spend 
only such amount of the appropriated funds as is matched by an 
equal amount of funds raised from non-federal sources.

                            COMMITTEE ACTION

    S. 231 was introduced by Senator Jeff Bingaman (D-NM) on 
January 29, 1997. The bill passed the Senate by unanimous 
consent on July 11, 1997, and was referred to the Committee on 
Resources. Within the Committee, the bill was referred to the 
Subcommittee on National Parks and Public Lands. On February 5, 
1998, the Subcommittee held a hearing on H.R. 2098, theHouse 
companion bill to S. 231 where the Administration, represented by 
Michael Soukap, Associate Director for Natural Resource Stewardship and 
Science for the National Park Service endorsed the legislation, but had 
concerns that funding had not been requested by the Administration. On 
February 12, 1998, the Subcommittee met to mark up H.R. 2098. No 
amendments to H.R. 2098 were offered and the bill was then ordered 
favorably reported to the Full Committee by voice vote. On March 25, 
1998 the Full Resources Committee met to consider S. 231. The 
Subcommittee on National Parks and Public Lands was discharged from 
further consideration of the measure. No amendments were offered. The 
bill was then ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact S. 231.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
S. 231. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, S. 231 
does not contain any new budget authority, credit authority, or 
an increase or decrease in tax expenditures. According to the 
Congressional Budget Office, S. 231 would allow the Secretary 
of the Interior to accept gifts and donations (which are 
recorded as government receipts), and spend them without 
further appropriation. Because any receipts and spending would 
likely offset each other, there would be no net budgetary 
impact.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of S. 231.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for S. 231 
from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 27, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 231, the National 
Cave and Karst Research Institute Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria V. 
Heid (for federal costs) and Marge Miller (for the state and 
local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

S. 231--National Cave and Karst Research Institute Act of 1997

    Summary: S. 231 would direct the National Park Service 
(NPS) to establish the National Cave and Karst Research 
Institute in New Mexico. The NPS would be authorized to lease 
or construct a suitable facility for the institute, and to 
administer the institute jointly with another public or private 
organization. The bill would authorize the NPS to expend 
appropriated funds only to the extent that such spending is 
matched by nonfederal funds to help establish and operate the 
institute. Assuming appropriation of the necessary funds, CBO 
estimates that the federal government would spend about $5 
million over the 1999-2003 period to construct a building for 
the institute and to begin its research operations.
    Enacting the legislation could affect both receipts and 
direct spending; therefore, pay-as-you-go procedures would 
apply. S. 231 would allow the Department of the Interior to 
accept gifts and donations (which are recorded as governmental 
receipts), and the department could spend any amounts received 
without the need for appropriation action. Because any such 
receipts and direct spending would likely offset each other, 
however, we estimate no net budgetary impact for pay-as-you-go 
purposes.
    S. 231 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 231 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and the environment).

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Estimated authorization level...................................       0       3   (\1\)   (\1\)       1       1
Estimated outlays...............................................       0   (\1\)       1       2       1      1 
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

    Basis of Estimate: Based on information from the NPS, CBO 
estimates it would cost about $6 million over several years to 
construct a building to house the institute. In addition, we 
estimate that once it is fully operational the institute would 
cost about $2 million annually to operate. This estimate 
assumes that a nonfederal source would provide matching funds 
to construct and operate the institute and that half of the 
estimated costs, or about $5 million over the 1999-2003 period, 
would be paid for with federal appropriation.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts. Pay-as-you-go procedures would apply to S. 231 
because it would authorize the Department of the interior to 
accept gifts and donations to carry out the bill, and the 
department could spend such donations without further 
appropriation. We expect, however, that receipts from any gifts 
or donations would be offset by the spending of those funds and 
thus there would be no net budgetary impact for pay-as-you-go 
purposes.
    Estimated impact on state, local, and tribal governments: 
S. 231 no intergovernmental mandates as defined in UMRA and 
would impose no costs on state, local, or tribal governments. 
The legislation would direct that the proposed institute be 
jointly managed by the NPS and a public or private agency, 
organization, or institution. It also would require that 
federal expenditures be matched by equal funds from nonfederal 
sources. It is possible that a public agency or institution 
would choose to participate in this project and provide some 
matching funds. Any such contribution would be voluntary.
    Estimated impact on the private sector: S. 231 would impose 
no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On June 23, 1997, CBO prepared a 
cost estimate for S. 231 as ordered reported by the Senate 
Committee on Energy and Natural Resources on June 11, 1997. The 
two versions of S. 231 are identical, as are the estimated 
costs, but this estimate assumes that funds would be 
appropriated in fiscal year 1999, rather than fiscal year 1998.
    Estimate prepared by: Federal Costs: Victoria V. Heid; 
Impact on State, local, and tribal governments: Marjorie 
Miller.
    Estimated approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    S. 231 contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, S. 231 would make no changes in existing law.

                                
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