[Senate Report 118-134]
[From the U.S. Government Publishing Office]
Calendar No. 278
118th Congress } { Report
SENATE
1st Session } { 118-134
======================================================================
MAMMOTH CAVE NATIONAL PARK BOUNDARY ADJUSTMENT ACT
_______
December 12, 2023.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1277]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1277) to modify the boundary of the
Mammoth Cave National Park in the State of Kentucky, 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. 1277 is to modify the boundary of the
Mammoth Cave National Park in the State of Kentucky to include
approximately 980 additional acres of land.
Background and Need
S. 1277 authorizes the Secretary of the Interior to acquire
approximately 980 acres for addition to Mammoth Cave National
Park in Kentucky. The Nature Conservancy owns approximately 550
acres in Edmonson County known as The Fortress Group tract,
which includes the James Cave and the Coach Cave. The caves and
surrounding forested habitat are important for the conservation
and recovery of three federally listed bat species: the
endangered Indiana and gray bats, and the threatened northern
long-eared bat. Cultural resources include archeological
materials and rock art, with radiocarbon analyzed prehistoric
materials that date to the Early Woodland period in these
caves. Historic saltpeter mining is also evident from the
extensive borrow pits in the caves.
In addition to the cave resources, this watershed is home
to 150 fish species and 73 mussel species. The Coach/James Cave
property contributes to watershed protection of the Green River
and Mammoth Cave National Park (which is also designated as a
World Heritage Site and Global Biosphere Reserve) and contains
federally designated Critical Habitat for Indiana and gray
bats. The Nature Conservancy purchased this property with the
intent to protect the federally designated critical habitat and
with the ultimate goal of transferring this important property
into federal ownership where the cave and bat specialists with
Mammoth Cave National Park have the expertise to manage the
property and the bat populations.
S. 1277 would expand the national park boundaries to
include the 550 acres of land owned by The Nature Conservancy
along with an additional 430 acres adjoining the park's
boundary that will facilitate access to, and management of, the
Coach/James Cave property.
Legislative History
Senator McConnell introduced S. 1277 on April 25, 2023.
Representative Guthrie introduced a companion bill, H.R. 3007,
on December 22, 2023. The Subcommittee on National Parks held a
hearing for S. 1277 on June 21, 2023.
Senator McConnell introduced S. 5129, similar legislation
in the 117th Congress on November 17, 2022. The Subcommittee on
National Parks held a hearing on S. 5129 on December 1, 2022,
but no further action was taken on the bill.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on September 21, 2023, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 1277. Senator Lee asked to be recorded as voting no.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title, the ``Mammoth Cave
National Park Boundary Adjustment Act of 2023''.
Section 2. Mammoth Cave National Park boundary modification
Section 2 amends section 11 of the Act of June 5, 1942 (56
Stat. 319, chapter 341; 16 U.S.C. 404c-11) to authorize the
Secretary of the Interior to acquire approximately 980 acres of
land depicted on the map for inclusion in the boundary of the
Mammoth Cave National Park.
Cost and Budgetary Considerations
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 1277
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. 1277. 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. 1277, as ordered reported.
Congressionally Directed Spending
S. 1277, 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 testimony of the National Park Service from the
Subcommittee on National Parks June 21, 2023, hearing on S.
1277, follows:
Statement of Michael A. Caldwell, 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
Committee, thank you for the opportunity to provide the
Department of the Interior's views on S. 1277, a bill to modify
the boundary of the Mammoth Cave National Park in the State of
Kentucky, and for other purposes.
The Department supports this legislation.
S. 1277 would authorize an expansion of the boundary of
Mammoth Cave National Park by 980 acres and remove the
statutory ceiling on appropriations for land acquisition for
the park which was set at $350,000 in 1942. The legislation
would facilitate the addition of critical cave resources to the
park.
Mammoth Cave National Park was established by Congress in
1926 to preserve the cave system, including Mammoth Cave, and
the scenic river valleys of the Green and Nolin rivers of
southcentral Kentucky. This is the longest recorded cave system
in the world, with over 426 miles explored and mapped. In 1981,
Mammoth Cave National Park was designated a UNESCO World
Heritage site in recognition of its place as the most extensive
cave system in the world and for its unique examples of cave
and karst landscape geology. In addition, Mammoth Cave National
Park preserves the habitat of several threatened and endangered
species, including multiple bat species.
Two caves outside the southern boundary of Mammoth Cave
National Park each have 150,000-200,000 hibernating federally
endangered gray bats. One of the caves is federally designated
as Critical Habitat for the endangered Indiana bat. In 2019,
The Nature Conservancy acquired the two caves and approximately
550 acres of forested land on the surface. In 2020, Mammoth
Cave National Park and The Nature Conservancy began
conversations on the long-term management and ownership of the
property. Both parties agreed that bringing the property under
the protection of the National Park Service would be the best
outcome for the preservation of the caves and bat habitat, and
The Nature Conservancy expressed a willingness to sell the
lands to the National Park Service. However, the land owned by
The Nature Conservancy is outside of the legislatively
authorized boundary of Mammoth Cave National Park and would
need to be included within the park boundary before the
National Park Service could acquire the lands. In addition, the
existing statutory ceiling on appropriations would need to be
amended to ensure that the statutory ceiling would not impede
the purchase of the property by the National Park Service.
S. 1277 would expand the boundary of Mammoth Cave National
Park to include the approximately 550 acres of land currently
owned by The Nature Conservancy, as well as an additional 430
acres adjoining the park's existing boundary. The additional
430 acres included within the boundary under this bill would
enable the National Park Service to acquire land that would
facilitate access to, and management of, the 550 acres at some
point in the future should the opportunity arise.
Chairman King, this concludes my statement. I would be
pleased 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 bill S. 1277, as ordered 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):
Act of June 5, 1942, 56 Stat. 319, chapter 341, as amended by Act of
June 30, 1948, 62 Stat. 1165, chapter 764
AN ACT To accept the cession by the Commonwealth of Kentucky of
exclusive jurisdiction over the lands embraced within the Mammoth Cave
National Park; to authorize the acquisition of additional lands for the
park in accordance with the Act of May 25, 1926 (44 Stat. 635); to
authorize the acceptance of donations of land for the development of a
proper entrance road to the park; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
provisions of the Act of the General Assembly of the
Commonwealth of Kentucky, approved March 22, 1930 (Acts of
1930, ch. 132, p. 405), ceding to the United States exclusive
jurisdiction over, within, and under such territory in the
Commonwealth as may be acquired for the Mammoth Cave National
Park, are hereby accepted. Subject to the reservations made by
the Commonwealth in the Act of cession, the United States
hereby assumes sole and exclusive jurisdiction over such
territory.
* * * * * * *
Sec. 11. The Secretary of the Interior is hereby authorized
in his discretion to acquire for inclusion within the Mammoth
Cave National Park by purchase, condemnation, or otherwise, any
lands, interests in lands, and other property within the
maximum boundaries thereof as authorized by the Act of May 25,
1926 (44 Stat. 635), notwithstanding the provisions of the Act
of August 28, 1937 (50 Stat. 871), or any action taken
thereunder to exclude certain caves from the park area.
In order to provide for acquisition of property on behalf
of the United States, in accordance with the provisions of this
section, there is hereby authorized to be appropriated [the sum
of not to exceed $350,000. Any of the funds appropriated
pursuant to the provisions hereof which are not needed to
acquire property as authorized by this section may, in the
discretion of the Secretary of the Interior, be used to acquire
lands and interests in lands required for the development of a
proper and suitable entrance road to Mammoth Cave National
Park, as authorized in section 12 of this Act. The funds
heretofore deposited in the Treasury under special fund receipt
account 146664 shall, upon the passage of this Act, be
transferred to the general fund of the Treasury as
miscellaneous receipts: Provided,That no part of this
authorization shall be used for road development or
construction until after all the lands within the maximum
boundaries, as authorized by the Act of May 25, 1926 (44 Stat.
635), have been acquired by purchase, condemnation or
otherwise.] such sums as are necessary.
The Secretary of the Interior may acquire approximately 980
acres of the land and any interests in the land generally
depicted on the map entitled ``Mammoth Cave National Park
Proposed Southern Boundary Expansion Edmonson and Barren
Counties, Kentucky'', numbered 135/177, 967, and dated April
28, 2022, for inclusion in the Mammoth Cave National Park.
The title to lands, interests in lands, and other property
to be acquired pursuant to this Act shall be satisfactory to
the Secretary of the Interior. Any property acquired pursuant
to this Act upon acquisition by the Federal Government, shall
become a part of the park, and shall be subject to all laws and
regulations applicable thereto.
* * * * * * *
[all]