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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-396

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



 
        MESA VERDE NATIONAL PARK BOUNDARY EXPANSION ACT OF 2007

                                _______
                                

October 22, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 783]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 783) to modify the boundary of Mesa Verde National 
Park, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Mesa Verde National Park Boundary 
Expansion Act of 2007''.

SEC. 2. FINDINGS; PURPOSES.

  (a) Findings.--Congress finds that--
          (1) on June 29, 1906, Mesa Verde National Park was 
        established as the first national park in the United States to 
        preserve the works of humanity;
          (2) on September 6, 1978, Mesa Verde National Park became the 
        first World Heritage Site designated in the United States; and
          (3) Mesa Verde National Park protects some of the best 
        preserved and notable archeological sites of the ancient 
        Puebloan culture that flourished in the southwestern United 
        States from approximately 600-1300, including the elaborate 
        stone villages in the sheltered alcoves of the canyon walls 
        referred to as ``cliff dwellings''.
  (b) Purposes.--The purposes of this Act are--
          (1) to modify the boundary of Mesa Verde National Park--
                  (A) to protect the archeological sites located on 
                property adjacent to the Park boundary;
                  (B) to extend and expand the knowledge and 
                understanding of the ancient Puebloan culture, a major 
                influence in the development of the southwestern United 
                States;
                  (C) to protect from potential development the scenic 
                and biological value of the pinyon-juniper covered 
                hills that--
                          (i) border the Park; and
                          (ii) are in full view of the Park entrance 
                        road; and
                  (D) to protect the largest recorded colony of the 
                globally imperiled Gray's Townsend Daisy, to ensure 
                continuation of a major wildlife corridor, and to 
                protect important habitat for wildlife; and
          (2) to provide greater opportunities to visitors, 
        researchers, and surrounding communities to understand and 
        appreciate the natural environment of Mesa Verde and the 
        contributions of the ancient Puebloan culture to the region by 
        providing the land required to construct a contemporary museum 
        collections storage facility and visitor orientation center.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Mesa 
        Verde National Park Proposed Boundary Adjustment'', numbered 
        307/80,180, and dated March 1, 2007.
          (2) Park.--The term ``Park'' means the Mesa Verde National 
        Park in the State of Colorado.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 4. MESA VERDE NATIONAL PARK.

  (a) Acquisition of Land.--
          (1) In general.--The Secretary may acquire the land or an 
        interest in the land described in subsection (b) for addition 
        to the Park.
          (2) Means.--An acquisition of land under paragraph (1) may be 
        made by donation, purchase from a willing seller with donated 
        or appropriated funds, or exchange.
  (b) Description of Land.--The land referred to in subsection (a)(1) 
is the approximately 360 acres of land adjacent to the Park, as 
generally depicted on the map.
  (c) Availability of Map.--The map shall be on file and available for 
inspection in the appropriate offices of the National Park Service.
  (d) Boundary Modification.--The boundary of the Park shall be revised 
to reflect the acquisition of the land under subsection (a).
  (e) Administration.--The Secretary shall administer any land or 
interest in land acquired under subsection (a)(1) as part of the Park 
in accordance with the laws (including regulations) applicable to the 
Park.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 783 is to modify the boundary of Mesa 
Verde National Park.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 783 modifies the boundary of Mesa Verde National Park 
to add 362 acres and authorizes the National Park Service to 
acquire this land by donation, purchase from a willing seller 
with donated or appropriated funds, or exchange.
    Mesa Verde National Park in Southwestern Colorado was 
established in 1906 to protect lands inhabited by Ancestral 
Puebloans from approximately 600 A.D. to 1300 A.D. It contains 
the most complete and extensive concentration of cliff-
dwellings in the United States. Today, with more than 52,000 
acres, the park preserves and protects more than 4,000 
archeological sites and over 3,000,000 associated objects in 
the park's research collection.
    H.R. 783 authorizes acquisition of a 324-acre parcel, known 
as the Henneman property, and a 38-acre parcel that the Mesa 
Verde Foundation proposes to donate to the National Park 
Service. Both parcels border the northeastern park boundary. 
The Henneman property is in full view of the park's entrance 
road and contains Ancestral Puebloan sites, an ancient pinyon-
juniper forest, and the largest recorded population of the 
globally-imperiled Gray's Townsend Daisy. The property is 
currently zoned for subdivision into 10-acre lots. The family 
would prefer to protect the property through inclusion in the 
park. The Hennemans have entered into a contract to sell their 
property to the Conservation Fund by November 15, 2007, 
contingent upon passage of this legislation and availability of 
funds to acquire the property.
    The Mesa Verde Foundation has been working with the park to 
design and construct a visitor information center and museum 
collection facility to be located on the Foundation's 38-acre 
parcel adjacent to the park entrance. The Foundation intends to 
donate the parcel to the park but can not do so until the park 
boundary is expanded.

                            COMMITTEE ACTION

    H.R. 783 was introduced by Representative John Salazar (D-
CO) on January 31, 2007. The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
July 19, 2007, the Subcommittee held a hearing on the bill. On 
October 10, 2007, the Subcommittee was discharged from further 
consideration of H.R. 783 and the Full Natural Resources 
Committee met to consider the bill. Representative Raul 
Grijalva (D-AZ) offered an amendment in the nature of a 
substitute to update the map reference in the bill. It was 
adopted by unanimous consent. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 entitles the bill the ``Mesa Verde National Park 
Boundary Expansion Act of 2007.''

Section 2. Findings and purposes

    Section 2 contains the bill's findings and purposes, which 
include the protection of archeological sites, the largest 
recorded colony of the globally imperiled Gray's Townsend 
Daisy, and pinyon-juniper hills that are currently outside the 
park boundary and threatened by development. A further purpose 
of the bill is to provide the land required to construct a 
contemporary museum collections storage facility and visitor 
orientation center.

Section 3. Definitions

    Section 3 references the new official boundary map and 
defines the terms ``Park'' and ``Secretary'' as used in the 
Act.

Section 4. Mesa Verde National Park

    Section 4(a) authorizes the Secretary of the Interior to 
acquire lands or interests therein described in subsection (b) 
for addition to Mesa Verde National Park. Lands may be acquired 
by donation, purchase from a willing seller with donated or 
appropriated funds, or by exchange. Section 4(b) describes the 
approximately 360 acres to be acquired, as depicted on the 
referenced map. Section 4(c) states that the map shall be kept 
on file and available for public inspection in the appropriate 
offices of the National Park Service. Section 4(d) modifies the 
park boundary to reflect the acquisition of lands under this 
Act. Section 4(e) requires the Secretary to administer any 
acquired land as part of Mesa Verde National Park in accordance 
with the laws and regulations applicable to the park.

Section 5. Authorization of appropriations

    Section 5 authorizes appropriations of such sums as may be 
necessary to carry out the Act.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to modify the boundary of Mesa Verde 
National Park.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 783--Mesa Verde National Park Boundary Expansion Act of 2007

    Summary: H.R. 783 would authorize the National Park Service 
(NPS) to acquire about 360 acres to be added to Mesa Verde 
National Park. Assuming appropriation of the necessary amounts, 
CBO estimates that implementing H.R. 783 would cost $12 million 
over the 2008-2012 period. Enacting H.R. 783 would not affect 
direct spending or revenues.
    H.R. 783 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    Estimated costs to the Federal Government: The estimated 
budgetary impact of H.R. 783 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------

Estimated Authorization Level.................................         2        10         0         0         0
Estimated Outlays.............................................         2         2         3         3         2
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes H.R. 783 
will be enacted early in fiscal year 2008. Based on information 
provided by the NPS and assuming appropriation of the necessary 
amounts, CBO estimates that implementing the bill would cost $2 
million in 2008 and $12 million over the 2008-2012 period. Of 
that amount, we estimate that the NPS would spend $2 million in 
the first year to purchase a 324-acre tract of land called the 
Henneman property. The remaining $10 million would be spent to 
construct a visitor facility on a portion of a 38-acre property 
expected to be donated to the NPS in 2008 or 2009. Some federal 
construction costs could be offset by private donations to the 
NPS or through cost-sharing arrangements with the Mesa Verde 
Foundation.
    We estimate that annual expenses to administer lands 
acquired under the bill, including those to operate the new 
visitor facility, would be less than $100,000.
    Intergovernmental and private-sector impact: H.R. 783 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Previous CBO estimate: On June 7, 2007, CBO transmitted a 
cost estimate for S. 126, the Mesa Verde National Park Boundary 
Expansion Act of 2007, as ordered reported by the Senate 
Committee on Energy and Natural Resources on May 23, 2007. S. 
126 and H.R. 783 are identical, as are the estimated costs.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Lisa Ramirez-Branum; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 783 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.