[Senate Report 118-145]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 297

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-145

======================================================================
 
              BIG BEND NATIONAL PARK BOUNDARY ADJUSTMENT

                                _______
                                

               December 20, 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. 1059]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1059) to adjust the boundary of Big Bend 
National Park in the State of Texas, 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. 1059 is to adjust the boundary of Big 
Bend National Park in the State of Texas to include 
approximately 6,100 acres of land.

                          BACKGROUND AND NEED

    Established as a national park in 1944, Big Bend National 
Park encompasses over 801,000 acres, the largest protected area 
of the Chihuahuan Desert in the United States. The park is home 
to a large variety of biological diversity, including more than 
1,200 species of plants, over 450 species of birds, 56 species 
of reptiles, and 75 species of mammals; archeological sites 
dating back nearly 10,000 years; historic ranching and mining 
sites; and significant paleontological and geological 
resources.
    S. 1059 authorizes the Secretary of the Interior to expand 
the park boundary to acquire approximately 6,100 acres of lands 
on the west side of the park. The acquisition would include the 
historic 3,800-acre Fulcher Ranch, which would protect 
significant fossil beds, important watershed and riparian 
habitat associated with Terlingua Creek, and cultural aspects 
and pioneer homesteads.

                          LEGISLATIVE HISTORY

    Senators Cornyn and Lujan introduced S. 1059 on March 29, 
2023. The Subcommittee on National Parks held a hearing on S. 
1059 on June 21, 2023. Representative Gonzales introduced a 
companion measure, H.R. 1544, in the House of Representatives 
on March 10, 2023.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1059. 
Senator Lee asked to be recorded as voting no.

                 SECTION-BY-SECTION ANALYSIS OR SUMMARY

Section 1. Short title

    Section 1 provides the short title, the ``Big Bend National 
Park Boundary Adjustment Act.''

Section 2. Definitions

    This section defines key terms used in the bill.

Section 3. Big Bend National Park Boundary Adjustment

    Subsection (a) authorizes the Secretary of the Interior 
(Secretary) to acquire approximately 6,100 acres of land or 
interests in land for inclusion in the Big Bend National Park 
boundary.
    Subsection (b) requires the referenced map depicting the 
boundary expansion to be on file and available for public 
inspection in the appropriate offices of the National Park 
Service.
    Subsection (c) provides that following the acquisition of 
land or interests in land, the Secretary shall update the 
boundary of the national park and administer the acquired lands 
of the park in accordance with applicable laws and regulations.
    Subsection (d) prohibits the use of eminent domain or 
condemnation in carrying out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The cost estimate provided by the Congressional Budget 
Office for S. 1059 follows:




    S. 1059 would revise the boundary of the Big Bend National 
Park in Texas to include an additional 6,100 acres of land. The 
legislation stipulates that the Department of the Interior 
acquire the land through donation, purchase, or exchange. S. 
1059 specifically prohibits the use of eminent domain (the 
ability to take private property for public use) or 
condemnation to acquire the land.
    Using information from the National Park Service (NPS) and 
local landowners, CBO expects the agency would acquire most of 
the land by donation within the first year following enactment. 
Using information about similar land management activities, CBO 
estimates that any costs incurred by the NPS to manage the 
additional land would be insignificant; that spending would be 
subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                      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. 1059. 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. 1059, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1059, 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. 
1059 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 
Subcommittee, thank you for the opportunity to provide the 
Department of the Interior's views on S. 1059, a bill to adjust 
the boundary of Big Bend National Park in the State of Texas, 
and for other purposes.
    The Department supports S. 1059 with an amendment.
    S. 1059 would authorize the Secretary of the Interior to 
acquire lands within an approximately 6,100-acre area along the 
western boundary of Big Bend National Park through donation, 
purchase from willing sellers, or exchange. After acquisition, 
the boundary of the park would be adjusted to include the 
acquired lands.
    Big Bend National Park was established by Congress in 1935 
to preserve and protect the largest and most representative 
area of the Chihuahuan Desert in the United States for the 
benefit and enjoyment of present and future generations. The 
park's diverse habitats from the lowlands of the Rio Grande up 
to the high Chisos Mountains support an extraordinary range of 
biological resources. The park, which currently encompasses 
over 800,000 acres, also includes rich geological diversity, 
with remarkable paleontological resources spanning 130 million 
years.
    The 6,100-acre area that would be authorized to be included 
in the park by S. 1059, known as the Terlingua Creek/
Rattlesnake Mountain area, contains four miles of intact rare 
desert riparian habitat whose protection is vital to the water 
quality of the Rio Grande downstream, scientifically 
significant paleontological resources, and important cultural 
resources that complement the purpose and mission of Big Bend 
National Park.
    Over half of the lands within the proposed addition area 
are under contract to be purchased by the Big Bend Conservancy, 
the park's philanthropic partner. Lands within boundary would 
be eligible for acquisition for the park if landowners chose to 
sell or donate them at any point in the future. Support for 
adding this area to the park is strong in the surrounding 
community and with local and state government.
    While the Department supports S. 1059, we recommend 
deleting section 3(d), which would prohibit the use of eminent 
domain or condemnation. Section 3(a) provides the authority to 
acquire land only from ``willing sellers'', which is sufficient 
to protect against the use of condemnation, and therefore 
section 3(d) is unnecessary. We would be pleased to provide a 
recommended amendment for this purpose.
    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, the Committee notes that no 
changes in existing law are made by S. 1059 as ordered 
reported.

                                  [all]