[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.

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