[Senate Report 115-38]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 52
                                                        
115th Congress      }                                        {    Report
                                 SENATE
 1st Session        }                                        {    115-38

======================================================================



 
  TO UPDATE THE MAP OF, AND MODIFY THE MAXIMUM ACREAGE AVAILABLE FOR 
       INCLUSION IN, THE FLORISSANT FOSSIL BEDS NATIONAL MONUMENT

                                _______
                                

                  May 3, 2017.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 287]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 287) to update the map of, and modify the 
maximum acreage available for inclusion in, the Florissant 
Fossil Beds National Monument, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                Purpose

    The purpose of S. 287 is to update the map of, and modify 
the maximum acreage available for inclusion in, the Florissant 
Fossil Beds National Monument.

                          Background and Need

    Florissant Fossil Beds National Monument is located in a 
high mountain valley just west of Pikes Peak and 35 miles west 
of Colorado Springs, Colorado. The Monument was established as 
a national monument in 1969 to preserve one of the most diverse 
fossil deposits in the world and interpret its paleontological 
resources and geologic significance. The National Park Service 
(NPS) maintains a collection of over 12,000 fossil specimens, 
conducts inventory and monitoring of the fossil sites, and, in 
addition to climate research, has ongoing university 
collaborations. A variety of recreational opportunities are 
offered at the Monument, including sightseeing, interpretive 
visitor center exhibits, hiking, and ranger-led experiences.
    The Monument encompasses 5,998 acres and is legislatively 
capped at 6,000 acres. The park has received local support to 
expand the boundary, by a donation of 280 acres of private land 
adjacent to the current northwestern boundary. The Palmer Land 
Trust and Coalition for the Upper South Platte has offered to 
hold the 280 acre parcel for the NPS until such time as it is 
able to accept ownership of the property. This legislation 
would allow for the modification of the maximum acreage 
available for inclusion in the National Monument, as well as 
updating of the official map.

                          Legislative History

    Senator Gardner introduced S. 287 on February 2, 2017. 
Senator Bennet is a co-sponsor.
    In the 114th Congress, Senator Gardner introduced S. 3020 
on June 6, 2016. The Subcommittee on National Parks held a 
hearing on S. 3020 on June 15, 2016. The Committee on Energy 
and Natural Resources met in open business session on July 13, 
2016, and ordered S. 3020 favorably reported as amended.
    In the 115th Congress, an identical bill, H.R. 835, was 
introduced in the House of Representatives by Representatives 
Lamborn, Polis, and Tipton on February 16, 2017.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 287 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
287.

                      Section-by-Section Analysis


Section 1. Map update

    Section 1 updates the boundary map and modifies the acreage 
available for inclusion in the Florissant Fossil Beds National 
Monument.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 287 would revise the boundary of the Florissant Fossil 
Beds National Monument in Colorado and increase, from 6,000 to 
6,300, the maximum number of acres that could be included in 
that monument. Enacting S. 287 would enable the National Park 
Service (NPS) to proceed with plans to acquire approximately 
280 acres of land for inclusion within the monument. The 
underlying legislation that established the monument authorizes 
the Secretary of the Interior to acquire land by donation, 
purchase, or exchange.
    According to the NPS, the owner of the 280-acre parcel is 
willing to donate the land for inclusion within the monument; 
CBO estimates that the agency's administrative costs associated 
with such a transaction would be negligible. Alternatively, if 
the NPS were to purchase the parcel, CBO estimates that the 
resulting costs would total about $1 million over the 2018 2022 
period; such spending would be subject to the availability of 
appropriated funds. That estimate is based on information from 
the NPS and recent sale prices of comparable tracts of land in 
the areas where land would be purchased. Total costs would 
depend on the average price per acre, which according to local 
property records could range from $2,500 per acre to $4,000 per 
acre.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 287 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 287 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, 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. 287. 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 making the 
adjustments provided for in the bill. Therefore, there would be 
no impact on personal privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 287, as ordered reported.

                   Congressionally Directed Spending

    S. 287, as ordered 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

    Because S. 287 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the National 
Park Service at the hearing before the Subcommittee on National 
Parks on June 15, 2016, follows:

   Statement of Dr. Stephanie Toothman, Associate Director, Cultural 
   Resouces, Partnerships, and Science, National Park Service, U.S. 
                      Department of the Interior.

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 3020, to increase the acreage limit and update 
the boundary map of Florissant Fossil Beds National Monument in 
the State of Colorado.
    The Department supports S. 3020, with a technical 
correction described later in this statement. This bill would 
increase the acreage limit and update the boundary map, which 
would allow the National Park Service to accept donation of 280 
acres of land from a private landowner to Florissant Fossil 
Beds National Monument in Teller County, Colorado. Including 
this land within the boundary of the monument would allow for 
enhanced wildfire protection as well as additional habitat for 
wildlife and recreational opportunities for visitors.
    Public Law 91-60 limited the size of the monument to 6,000 
acres. The current monument boundary includes 5,992 acres, 
leaving the National Park Service unable to accept the 280-acre 
donation. This 280-acre parcel would provide critical access to 
the park's western boundary for wildland fire protection, 
including improving opportunities for completing future 
hazardous fuel mitigation projects. Teller County Road 1 runs 
through the center of the monument and is currently the only 
main road that exists. The county also manages two other roads 
on the east side of the monument. As a result, fuels mitigation 
work on the monument's western boundary is limited because fire 
crews can only access the western boundary by foot. If the 
donation is approved, fire and emergency vehicles will have 
direct access to the western boundary of the park via a private 
road.
    Florissant Fossil Beds National Monument is located in a 
high-mountain valley just west of Pikes Peak and 35 miles west 
of Colorado Springs, Colorado. The park was established as a 
national monument in 1969 to preserve one of the most diverse 
fossil deposits in the world and interpret its paleontological 
resources and geologic significance. The park maintains a 
collection of more than 12,000 fossil specimens, conducts 
inventory and monitoring of the fossil sites, has ongoing 
university collaborations and continues to be the subject of 
scientific publications.
    Today, the park also offers a variety of recreational 
experiences to a growing community, including sightseeing, 
interpretive visitor center exhibits, hiking, picnicking, daily 
ranger-guided programs during the summer, Junior Ranger 
programs, and curriculum-based education programs for visiting 
school groups. Florissant Fossil Beds National Monument 
provides opportunities for exploration and discovery, as well 
as trails that offer easy day-hiking experiences for visitors.
    The park does not anticipate additional staff or resources 
will be needed to support inclusion of the 280-acre donation as 
there are no plans to build or install any facilities there. 
The park superintendent provided local outreach to the 
community regarding the proposal and did not receive opposition 
from the local, county and adjacent landowners to accept the 
donation.
    The department recommends a technical correction to the 
bill. On page 2, line 2, strike ``numbered'' and insert 
``entitled `Florissant Fossil Beds National Monument Proposed 
Boundary Adjustment', numbered'' to include the name of the 
revised map in addition to the number and date. This correction 
will ensure the language is consistent with the standards for 
identifying maps in public laws related to the National Park 
Service.
    Mr. Chairman, this concludes my testimony. I would be happy 
to answer any questions you or other members of the 
subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                            PUBLIC LAW 91 60


 AN ACT To provide for the establishment of the Florissant Fossil Beds 
               National Monument in the State of Colorado

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, in 
order to preserve and interpret for the benefit and enjoyment 
of present and future generations the excellently preserved 
insect and leaf fossils and related geologic sites and objects 
at the Florissant lakebeds, the Secretary of the Interior may 
acquire by donation, purchase with donated or appropriated 
funds, or exchange such land and interests in land in Teller 
County, Colorado, as he may designate from the lands shown on 
the map [entitled ``Proposed Florissant Fossil Beds National 
Monument'', numbered NM FFB 7100, and dated March 1967, and 
more particularly described by metes and bounds in an 
attachment to that map,] entitled ``Florissant Fossil Beds 
National Monument Proposed Boundary Adjustment'', numbered 171/
132,544, and dated May 3, 2016, not exceeding, however, [six 
thousand acres] 6,300 acres thereof, for the purpose of 
establishing the Florissant Fossil Beds National Monument.
    Sec. 2. The Secretary of the Interior shall administer the 
property acquired pursuant to section 1 of this Act as the 
Florissant Fossil Beds National Monument in accordance with the 
Act entitled ``An Act to establish a National Park Service, and 
for other purposes,'' approved August 25, 1916 (39 Stat. 535; 
16 U.S.C. 1 et seq.), as amended and supplemented.
    Sec. 3. There are authorized to be appropriated such sums, 
but not more than $3,727,000, as may be necessary for the 
acquisition of lands and interests in land for the Florissant 
Fossil Beds National Monument and for necessary development 
expenses in connection therewith.