[Senate Report 105-37]
[From the U.S. Government Publishing Office]
105th Congress Report
SENATE
1st Session 105-37
_______________________________________________________________________
NATIONAL CAVE AND KARST RESEARCH INSTITUTE ACT OF 1997
_______
June 26, 1997.--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 S. 231]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 231) to establish the National Cave and
Karst Research Institute in the State of New Mexico, and for
other purpose, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
purpose of the measure
The purpose of S. 231 is to establish the National Cave and
Karst Research Institute in the State of New Mexico. The
purposes of the Institute would be to further the science of
speleology; to centralize and standardize speleological
information; to foster interdisciplinary cooperation in cave
and karst research programs; to promote national and
international cooperation in protecting the environment for the
benefit of cave and karst landforms; and to promote and develop
environmentally sound and sustainable resource management
practices.
background and need
The National Geographic Society has identified the
protection and management of water resources--critical both to
public health and to sustainable economic development--as the
major issue facing the world as society enters the 21st
century. The overwhelming majority of the nation's freshwater
resources consists of groundwater, some 25 percent of which is
located in cave and karst regions (areas of limestone
formations that are characterized by sinks, ravines, and
underground streams).
Over 20 percent of the earth's surface is characterized as
karst. The United States as a whole is 20 percent karst. East
of central Oklahoma, 40 percent of the country is karst.
Approximately 58 units of the National Park System contain
caves and karst features; these range from as few as 10 to 15
caves per park unit (the C & O Canal) to well over 200 caves
per unit (the Grand Canyon).
Caves provide scientists with information on natural
resources, human history, and evolution. Recent studies have
also indicated that caves contain valuable data related to
global climate change, waste disposal, groundwater supply and
contamination, petroleum recovery, and biomedical
investigations. Caves also contain information pertinent to
anthropological, archeological, geological, paleontological,
and mineralogical discoveries and resources.
Congress created a major impetus for America's involvement
in cave and karst protection and management in 1988 by passing
the Federal Cave Resources Protection Act (Public Law 100-691),
which directed the Secretaries of the Interior and Agriculture
to inventory and list significant caves on Federal lands and to
provide for the management and dissemination of information
about caves. The inventory and list was completed in December
1995. According to a 1994 study by the National Park Service,
since the passage of the Act, Federal land management agencies
have developed a heightened awareness of the management needs
for the cave and karst resources on their lands; of the need
for both a cave research program and a repository for cave and
karst information; and of their own growing needs for
assistance in inventorying and classifying their cave and karst
resources.
In 1990, through the passage of Public Law 101-578,
Congress directed the National Park Service to establish and
administer a cave research program, and to prepared a proposal
for Congress that examines the feasibility of a centralized
National Cave and Karst Research Institute, associated with an
existing cave and karst research program already established by
the National Park Service. The National Park Service study
report to Congress, prepared in cooperation with other Federal
cave-managing agencies, cave-related organizations, cave
experts, and interested individuals, was completed in December
1994.
The study report states as goals of the Institute the
furtherance of the science of speleology (cave study);
centralization and standardization of speleological
information; interdisciplinary cooperation in cave and karst
research programs to foster research; education; promotion of
national and international cooperation in environmental
considerations for the protection of cave and karst landforms;
and promotion of environmentally sound, sustainable research
management practices. Program areas that the study considers
essential to the Institute's mission include information
management, research and education.
S. 231 reflect suggestions made in the study, including:
joint administration; cost sharing; the location of the
Institute in a local community that possesses significant cave
resources (rather than inside a unit of the National Park
Service) and which provides easy accessibility for researchers,
students and other visitors, and is large enough to attract and
retain high-quality employees and their families.
legislative history
S. 231 was introduced by Senator Bingaman on January 29,
1997. Senator Lautenberg was added as a cosponsor on May 7,
1997. Senator Domenici was added as a cosponsor on June 17,
1997.
At the business meeting on June 11, 1997, the Committee on
Energy and Natural Resources ordered S. 231 favorably reported
without amendment.
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on June 12, 1997, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 231 without
amendment.
The rollcall vote on reporting the measure was 20 yeas, 0
nays, as follows:
YEAS NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman \1\
Mr. Akaka \1\
Mr. Dorgan \1\
Mr. Graham \1\
Mr. Wyden
Mr. Johnson \1\
Mrs. Landrieu
\1\ Indicates voted by proxy.
section-by-section analysis
Section 1 entitles the Act the ``National Cave and Karst
Research Institute Act of 1997.''
Section 2 describes the purposes of the Act as being: (1)
to further the science of speleology; (2) to centralize and
standardize speleological information; (3) to foster
interdisciplinary cooperation in cave and karst research
programs; (4) to promote public education; (5) to promote
national and international cooperation in protecting the
environment for the benefit of cave and karst landforms; and
(6) to promote and develop environmentally sound and
sustainable management practices.
Section 3 directs the Secretary of the Interior
(``Secretary''), acting through the Director of the National
Park Service, to establish the National Cave and Karst Research
Institute (``Institute'') for the purposes described in the Act
in the vicinity of Carlsbad Caverns National Park in the State
of New Mexico. The legislation stipulates that the Institute
shall not be located within the boundaries of the park.
Section 4(a) directs the Institute be jointly administered
by the National Park Service and a public or private agency,
organization, or institution as determined by the Secretary.
Section 4(b) directs that the institute be operated and
managed in accordance with a study prepared by the National
Park Service in 1990.
Section 4(c) authorizes the Secretary to enter into a
contract or cooperative agreement with a public or private
agency, organization, or institution in order to carry out the
Act.
Section 4(d) authorizes the Secretary to lease or acquire a
facility for the Institute. If the Secretary determines that a
suitable facility is not available, the Secretary is authorized
to construct a facility for the Institute.
Section 4(e) authorizes the Secretary to accept grants or
donations from private persons, and transfer funds from another
Federal agency in order to carry out the Act.
Section 5 directs that Federal funds must be matched by an
equal amount of funds from non-Federal sources. The bill
authorizes the appropriation of such sums as may be necessary.
cost and budgetary considerations
The following cost estimate for this measure has been
provided by the Congressional Budget Office.
Congressional Budget Office Cost Estimate
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
jointly administer the institute 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 1998-2002 period to construct a building for
the institute and to begin its research operations.
Enacting the bill 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 appropriations 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 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.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................. 0 3 (a) (a) 1 1
Estimated Outlays......................................... 0 (a) 1 2 1 1
----------------------------------------------------------------------------------------------------------------
a Less than $500,000.
The costs of this legislation fall within budget function
300 (natural resources and the environment).
Based on information from the NPS, CBO estimates it would
cost about $6 million to construct a building to house the
institute over a multiyear planning and construction period. In
addition, we estimate that once it is fully operational it
would cost about $2 million annually to operate the institute.
This estimate assumes that matching funds will be provided by a
nonfederal source to construct and operate the institute, and
that half of these funds, or about $5 million over the 1998-
2002 period, would come from federal appropriations.
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 through 1998. 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 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. The bill 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--The bill would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by--Federal Costs: Victoria V. Heid;
Impact on State, Local, and Tribal Governments: Marjorie
Miller.
Estimate approved by--Peter H. Fontaine for Paul N. Van de
Water, Assistant Director for Budget Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) 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. 231. 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. 231, as ordered reported.
executive communications
On May 21, 1997, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 231. These reports
had not been received at the time the report on S. 231 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 of the Department of
the Interior at the Subcommittee hearing follows:
Statement of Katherine H. Stevenson, Associate Director for Cultural
Resources Stewardship and Partnerships, National Park Service,
Department of the Interior
Mr. Chairman, I appreciate the opportunity to provide the
Subcommittee with the views of the National Park Service on S.
231, a bill to establish the National Cave and Karst Research
Institute. Similar legislation was introduced and a hearing was
held before this Subcommittee during the 104th Congress. The
National Park Service supports this legislation; however,
funding has not been requested in the Administration's budget
request. For the Institute to become a reality we need two
things--funding would need to be provided by Congress for the
NPS share, and the public/private partners would need to match
the federal appropriations. Federal funding for this proposal
would be contingent upon NPS budget constraints and
Administration priorities.
If enacted, S. 231 would establish a National Cave and
Karst Research Institute for the purpose of furthering the
science of speleology, encouraging public education in the
field, and promoting and developing environmentally sound and
sustainable resource management practices. The Institute would
be located near Carlsbad Caverns National Park. Management and
operation of the Institute would be based on a partnership
between the National Park Service and a public or private
agency selected by the Secretary.
Cave and karst systems are vital to humankind in many ways.
The protection and management of water resources have been
identified as major issues facing the planet as we enter the
21st century--and a full 25 percent of America's freshwater
resources exist in groundwater in cave and karst regions. Caves
also serve as rich storehouses of information about national
resources, human history, evolution, and global climate
change--not to mention such current concerns as waste disposal,
petroleum recovery, and biomedical investigations.
Congress created a major impetus for America's involvement
in cave and karst protection and management by passing the
landmark Federal Cave Resources Protection Act of 1988. This
Act, among other things, directed the Secretaries of the
Interior and Agriculture to inventory and list significant
caves on Federal lands. The nationwide assessment of
significant Federally owned caves began in 1994. This action
has added greatly to the number of known caves on Federal land,
and increased the impetus for cave management and research.
Federal land managers have since developed a heightened
awareness of the management needs of the cave and karst
resources on these lands and of their growing needs for
assistance in inventorying and classifying their cave and karst
resources. It is also evident that in order to succeed in this
effort, the private sector as well as other public agencies
need to be part of the project. We will need to develop
partnerships which will bring funding, as well as research and
program content, to the project.
The foundation for S. 231 stems from the study prepared by
the National Park Service in response to P.L. 101-578 (November
15, 1990). In that law, Congress directed the Secretary of the
Interior, acting through the Director of the National Park
Service, to establish and administer a Cave Research Program
and to prepare a study that examines the feasibility of
establishing a centralized National Cave and Karst Research
Institute.
The NPS study was completed in December of 1994. The study
recommended that the Institute be jointly administered by the
National Park Service and another entity. Congress has
identified the National Park Service as project lead since it
manages over 60 park units containing significant cave
resources. It has had a Cave and Karst Research Program in
place since March 1991, and it already has an appropriate
general cooperative management model in use, called a
``Cooperative Park Studies Unit.'' The National Park Service
would have ultimate responsibility for the Institute, and would
retain indirect control over its activities and programs. An
academic entity would plan, coordinate, and administer the
Institute and its programs.
The location that the study recommended is a local
community (rather than a National Park Service unit) that
possesses significant cave resources, is easily accessible to
researchers, students, and other visitors, is located near the
academic entity with which it is associated, and is large
enough to offer a favorable quality of life in order to attract
and retain high-quality employees and their families. As
specifically directed by P.L. 101-578, the study focused on
locating the Institute near the region surrounding Carlsbad
Caverns National Park. The Carlsbad location was identified by
the study because of the documented strong local-community and
political support, and the numerous and diverse cave and Karst
resources found throughout the region.
It is estimated that the cost for the Institute during the
first five years, if space for the Institute were donated to
the NPS, would exceed $1.2 million for operating and capital
expenses alone over the five year period. Since New Mexico
State University is considering housing the Institute at its
Carlsbad Environmental Monitoring and Research Center during
the first five years, it is anticipated that a permanent
facility would need to be built by the sixth year of operation.
The estimated construction cost of the Institute exceeds $1.2
million.
It is critical in times of decreasing budgets and resources
that the dictates of this legislation be accomplished jointly--
between the National Park Service and a designated partner in
this venture, such as the State of New Mexico, New Mexico State
University, or private entities. Technical cooperators for
research projects could include organizations such as the Karst
Waters Institute, the National Speleological Society, the Cave
Research Foundation, and the American Cave Conservation
Association.
All funds and efforts of the NPS must be matched at least
equally and responsibility for the success of the project must
be shared. We would strongly recommend a change in bill
language to emphasize this position. In Section 4 (c) and (e)
as well as Section 5(a) we would suggest changing the Secretary
``may'' to the Secretary ``shall''. This would reaffirm that
the commitment to the project is the responsibility of all
parties, and its success depends completely on cooperative
efforts. Without cooperation, existing NPS projects and
programs would be jeopardized.
This concludes my prepared remarks concerning S. 231, Mr.
Chairman. I would be pleased to respond to any questions you
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. 231, as ordered
reported.