[Senate Report 117-61]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 258
117th Congress      }                             {             Report
                                 SENATE
 2d Session         }                             {             117-61

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



 
      SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY ADJUSTMENT

                                _______
                                

                January 31, 2022.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and National Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1317]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1317), to modify the boundary of the 
Sunset Crater Volcano National Monument in the State of 
Arizona, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 1317 is to modify the boundary of the 
Sunset Crater Volcano National Monument in the State of 
Arizona.

                          BACKGROUND AND NEED

    President Hoover issued a proclamation on May 26, 1930 
establishing Sunset Crater National Monument in order to 
protect the area's unique geologic formations. The monument, 
created from and surrounded by the Coconino National Forest in 
Arizona, was administered by the United States Forest Service 
for three years until it was transferred to the National Park 
Service in 1933. In 1990, with the passage of Public Law 101-
612, the monument was redesignated as Sunset Crater Volcano 
National Monument.
    Sunset Crater Volcano National Monument protects 
approximately 3,040 acres and contains the youngest, least-
eroded cinder cone in the San Francisco Volcanic Field at the 
site of the Colorado Plateau's most recent volcanic eruption 
which occurred 900 years ago. This dormant volcano, and its 
relatively undeveloped landscape, provide a unique opportunity 
to study plant succession and ecological change in an arid 
volcanic landscape.
    The land that would be added to the monument is currently 
part of the Coconino National Forest and includes a National 
Park Service visitor center, park administrative facilities, 
and a section of Forest Service Road 545, which connects the 
entrance kiosk and the administrative area to the national 
monument. At present, the National Park Service operates these 
facilities and maintains the road through an interagency 
agreement with the Forest Service.

                          LEGISLATIVE HISTORY

    Senators Kelly and Sinema introduced S. 1317 on April 22, 
2021. The Subcommittee on National Parks held a hearing on the 
bill on June 23, 2021. Representatives DeGette, Neguse, Crow, 
and Perlmutter introduced a related bill, H.R. 803, on February 
4, 2021. H.R. 803 passed the House of Representatives by a vote 
of 227 to 200 on February 26, 2021.
    In the 116th Congress, Senators McSally and Sinema 
introduced a similar bill, S. 4569, on September 15, 2020. The 
bill had one additional cosponsor, Senator Kelly. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 4569 on November 18, 2020, but no further action 
was taken on the bill.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1317. Senator Lee asked to be recorded as voting no.

                                SUMMARY

    S. 1317 would transfer to the National Park Service 
administrative jurisdiction over the approximately 98 acres of 
land currently administered by the Forest Service and revise 
the boundary of Sunset Crater Volcano National Monument to 
include this land.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office has not estimated the costs 
of S. 1317 as passed by the Senate. The Committee has 
requested, but has not yet received, the Congressional Budget 
Office's estimate of the cost of S. 1317 as ordered reported. 
When the Congressional Budget Office completes its cost 
estimate, it will be posted on the Internet at www.cbo.gov.

                      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. 1317. 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. 1317, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1317, 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

    The testimonies provided by the Department of the Interior 
and the Department of Agriculture at the June 23, 2021, hearing 
on S. 1317 follow:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to provide the 
Department of the Interior's views on S. 1317, a bill to modify 
the boundary of Sunset Crater Volcano National Monument in the 
State of Arizona, and for other purposes. The Department 
supports S. 1317.
    S. 1317 would transfer to the National Park Service (NPS) 
administrative jurisdiction over approximately 97.71 acres of 
land currently administered by the U.S. Forest Service and 
revise the boundary of Sunset Crater Volcano National Monument 
to include this land. The land that would be added to the 
monument is currently part of the Coconino National Forest and 
includes an NPS visitor center, park administrative facilities, 
and a section of Forest Service Road 545 which connects the NPS 
entrance kiosk and the administrative area to the Monument. At 
present, the NPS operates these facilities and maintains Forest 
Service Road 545 through an interagency agreement with the U.S. 
Forest Service.
    Sunset Crater Volcano National Monument protects 
approximately 3,040 acres containing the youngest, least-eroded 
cinder cone in the San Francisco Volcanic Field at the site of 
the Colorado Plateau's most recent volcanic eruption which 
occurred 900 years ago. This dormant volcano, and its 
relatively undeveloped landscape, provide a unique opportunity 
to study plant succession and ecological change in an arid 
volcanic landscape.
    Sunset Crater National Monument was established by 
President Herbert Hoover by Presidential Proclamation 1911 on 
May 26, 1930, in order to protect the area's unique geologic 
formations. The monument, created from and surrounded by the 
Coconino National Forest, was administered by the. U.S. Forest 
Service for three years until it was transferred to the NPS in 
1933. In 1990, with the passage of Public Law 101-612, the 
monument was redesignated as Sunset Crater Volcano National 
Monument.
    This legislation would provide for an increase in 
efficiency by removing administrative burdens stemming from the 
need to operate NPS facilities under an interagency agreement. 
The NPS has used this land to support the management of the 
monument for decades. Currently, administration of the area is 
complicated for both agencies. For example, any ground 
disturbing activity within the area requires compliance efforts 
and approval by both agencies. This change in land 
administration is supported locally among city and county 
officials.
    Chairman King, that concludes my statement. I would be 
happy to answer any questions you or other members of the 
Subcommittee may have.

Statement of Jennifer Eberlien, Associate Deputy Chief, National Forest 
         System, U.S. Department of Agriculture, Forest Service

    Chairman King, Ranking Member Daines, and Members of the 
Subcommittee, thank you for the opportunity to present the 
views of the U.S. Department of Agriculture (USDA) regarding S. 
1317, the ``Sunset Crater Volcano National Monument Boundary 
Adjustment Act.''
    This bill modifies the boundary of the Sunset Crater 
Volcano National Monument in Arizona to include approximately 
98 acres of identified National Forest System land immediately 
adjacent to the Monument. The bill transfers administrative 
jurisdiction over the land from the U.S. Department of 
Agriculture's Forest Service, Coconino National Forest, to the 
Department of the Interior, National Park Service. The bill 
directs the National Park Service to administer the land as 
part of the Monument.
    The U.S. Department of Agriculture's Forest Service 
supports the proposed boundary adjustment from the Coconino 
National Forest to Sunset Crater Volcano National Monument. The 
adjustment will allow better management of natural resources 
and topographic features that pertain to the Monument; provide 
clear jurisdiction to better serve the public; and provide a 
stronger basis for cooperation between the two agencies.
    The Coconino National Forest land management plan allows 
for boundary adjustments and includes management approaches to 
partner with the National Park Service to study, protect, and 
monitor heritage resource sites, and manage recreation near the 
Sunset Crater Volcano National Monument. Furthermore, the land 
management plan Final Environmental Impact Statement noted the 
continued need for coordination on potential interagency land 
transfers in the future. The Forest Service will continue to 
work with the National Park Service on all desired conditions 
including for threatened and endangered species habitat, 
archeological resources, wetlands and riparian areas, and key 
recreation access points.
    The proposed adjustment includes an administrative area 
that contains maintenance facilities and park housing, a 
National Park Service visitor center, and a section of road 
that connects the entrance kiosk and the administrative area to 
the National Monument. Because existing use authorizations by 
the Forest Service have allowed the National Park Service to 
occupy this National Forest System land for many years, we 
believe it is appropriate for the National Park Service to be 
responsible for environmental conditions existing on the 
transferred property.
    The National Park Service currently operates under an 
Interagency Agreement whereby any ground disturbing activity in 
the administrative area requires prior approval by the Forest 
Service. The proposed boundary adjustment would eliminate this 
requirement and thus remove a significant compliance burden for 
both agencies. Otherwise, no existing special uses would be 
impacted, and Forest Service looks forward to working with the 
Committee to ensure multiple uses would not be affected by the 
proposed boundary adjustment. Thank you for the opportunity to 
provide a statement on this legislation.

                        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 bill as ordered 
reported.

                                  [all]