[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4521 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4521

   To direct the Secretary of the Interior to authorize and provide 
  funding for rehabilitation of the Going-to-the-Sun Road in Glacier 
National Park, to authorize funds for maintenance of utilities related 
                  to the Park, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2000

Mr. Hill of Montana (for himself, Mr. Kasich, Mr. Young of Alaska, Mr. 
Hansen, Mr. Souder, Mr. Cannon, Mrs. Cubin, Mr. Tauzin, Mr. Gilchrest, 
Mr. Cooksey, Ms. Dunn, Mr. Pitts, Mr. Thune, Mr. Watkins, Mr. Cook, Mr. 
 Jones of North Carolina, Mr. Manzullo, Mr. Doolittle, Mr. Nethercutt, 
   Mr. Riley, Mr. Portman, Mr. Pomeroy, Mr. Hutchinson, Mr. Lucas of 
   Kentucky, Mr. Blunt, Mr. Gibbons, Ms. Granger, Mr. Sessions, Mr. 
  Abercrombie, Mr. Pombo, Mr. Sununu, Mr. Hastings of Washington, Mr. 
  Shimkus, and Mr. Simpson) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to authorize and provide 
  funding for rehabilitation of the Going-to-the-Sun Road in Glacier 
National Park, to authorize funds for maintenance of utilities related 
                  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,

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The historic significance of the 52-mile Going-to-the-
        Sun Road is recognized by its listing on the National Register 
        of Historic Places in 1983, designation as a National Historic 
        Engineering Landmark by the American Society of Civil Engineers 
        in 1985, and designation as a National Historic Landmark in 
        1997.
            (2) A contracted engineering study and Federal Highway 
        Administration recommendations in 1997 of the Going-to-the-Sun 
        Road verified significant structural damage to the road that 
        has occurred since it opened in 1932.
            (3) Infrastructure at most of the developed areas is 
        inadequate for cold-season (fall, winter, and spring) 
        operation, and maintenance backlog needs exist for normal 
        summer operation.
            (4) The Many Glacier Hotel and Lake McDonald Lodge are on 
        the National Register of Historic Places and are National 
        Historic Landmarks. Other accommodations operated by the 
        concessioner with possessory interest and listed on the 
        National Register of Historic Places are the Rising Sun Motor 
        Inn and Swiftcurrent Motel.
            (5) The historic hotels in Glacier National Park, operated 
        under concession agreements with the National Park Service, are 
        essential for public use and enjoyment of the Park.
            (6) Public consumers deserve safe hotels in Glacier 
        National Park that can meet their basic needs and expectations.
            (7) The historic hotels in Glacier National Park are 
        significantly deteriorated and need substantial repair.
            (8) Repairs of the hotels in Glacier National Park have 
        been deferred for so long that, absent any changes to the 
        Federal law governing concessionaires and the availability of 
        historic tax credits up to 39.5 years, the remodeling costs for 
        the hotels exceed the capacity of the hotel concessionaire to 
        finance them out of hotel revenues.
            (9) The remodeling costs are so high that the 
        concessionaire will need to finance the cost of those repairs 
        by borrowing the remodeling expenses and repaying them over 
        time out of net hotel income, which by current law is limited 
        to 20 year concession agreements.
            (10) The current season of operation for hotels is about 4 
        months because the developed areas lack water, sewer, and fire 
        protection systems that can operate in freezing conditions, 
        lack building insulation, and lack heating systems.
            (11) Because of many factors, including the high projected 
        costs of remodeling, the relatively short tourist season in 
        Glacier National Park, and the requirement that concession 
        agreements may not exceed 20 years, concessionaires are unable 
        to undertake the scope of remodeling that is needed for the 
        hotels in Glacier National Park.
            (12) The National Park Service Concessions Management 
        Improvement Act of 1998 is based upon sound principles and is 
        achieving its basic purposes, but there appear to be selected 
        instances where the National Park Service needs additional 
        authority to conduct demonstration projects.
            (13) A demonstration project is needed for the repair of 
        the historic hotels in Glacier National Park.

SEC. 2. GOING-TO-THE-SUN ROAD STUDY.

    (a) In General.--Not later than June 30, 2001, the Secretary of the 
Interior (hereinafter referred to as the ``Secretary''), in 
consultation with the Going-to-the-Sun Road Citizens Advisory 
Committee, shall complete a feasibility study for rehabilitation of 
Going-to-the-Sun Road located in Glacier National Park. The study shall 
include--
            (1) alternative plans for rehabilitation of Going-to-the-
        Sun Road and a ranking of the feasibility of each plan;
            (2) an estimate of the length of time necessary to complete 
        each plan;
            (3) a description of what mitigation efforts would be used 
        to preserve resources and minimize adverse economic effects of 
        each plan;
            (4) an analysis of the costs and benefits of each plan;
            (5) an estimate of the cost of each plan;
            (6) an analysis of long-term maintenance needs, standards, 
        and schedules for the road, alternatives to accomplish the 
        work, maintenance staff needs, and associated cost estimates; 
        and
            (7) a complete environmental analysis that fulfills the 
        requirements of the National Environmental Policy Act of 1969, 
        the National Historic Preservation Act, and other laws.
    (b) Continuation Maintenance.--Nothing in this section shall affect 
the duty of the Secretary to continue the program in effect on the day 
before the date of the enactment of this Act to preserve, maintain, and 
address safety concerns related to Going-to-the-Sun Road.
    (c) Implementation of Plan.--As soon as practicable after 
completing the study and environmental analysis required by subsection 
(a), the Secretary shall consider the recommendations of the Advisory 
Committee, make a decision documented in the environmental analysis 
process, and begin implementation of the plan. Implementation actions 
that are authorized include rehabilitation of Going-to-the-Sun Road and 
expenditure of funds outside the Park for transportation system 
improvements or impact mitigation if recommended by the study and the 
Advisory Committee. The Secretary shall also seek funding for the long-
term maintenance needs that the study identifies.
    (d) Report.--Not later than 30 days after completion of the study 
required by subsection (a), the Secretary shall transmit to the 
Committee on Resources in the House of Representatives and the 
Committee on Energy and Natural Resources in the Senate a copy of the 
study.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $200,000,000 
for implementation of the plan under subsection (c), including the cost 
of any necessary environmental or cultural documentation and 
monitoring.

SEC. 3. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS.

    (a) In General.--As soon as practicable after funds are made 
available under this section, the Secretary shall begin the upgrade and 
continue the maintenance of utility systems which service Glacier 
National Park and facilities related to the Park.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section, $20,000,000.

SEC. 4. HOTEL REHABILITATION.

    (a) Competitive Leases of Property Authorized.--Notwithstanding any 
other provision, (including section 3(k) of Public Law 91-383 (commonly 
known as the National Park System General Authorities Act; 16 U.S.C. 
1a-2)), the Secretary is authorized to enter into competitive leases of 
property in Glacier National Park owned by the United States under the 
authority of section 3(k) of Public Law 91-383 (commonly known as the 
National Park System General Authorities Act; 16 U.S.C. 1a-2) under 
which the lessee will be authorized to provide visitor services to 
visitors to the area.
    (b) Mandatory Conditions of Leases.--The Secretary shall only enter 
into leases under subsection (a) after determining that the provision 
of visitor services is necessary and appropriate for the accommodation 
of visitors to Glacier National Park and is otherwise consistent with 
the policies expressed in section 402 of the National Park Service 
Concessions Management Improvement Act of 1998 (Public Law 105-391). In 
determining whether visitor services are necessary and appropriate, the 
Secretary may consider the value of providing additional visitor 
services, including conference facilities, for groups of visitors in 
the early spring and late fall months, especially as these additional 
services may provide extra revenue needed to finance improvements for 
the historic hotels in Glacier National Park. The Secretary shall 
include in such leases appropriate terms and conditions to assure the 
following:
            (1) The visitor services to be provided are adequate and 
        available at reasonable rates approved by the Secretary in 
        accordance with the policies expressed in section 406 of the 
        National Park Service Concessions Management Improvement Act of 
        1998. In determining whether rates are reasonable, the 
        Secretary may allow the rates to be set high enough to allow 
        investment in capital improvements for visitor services to be 
        reasonably recovered by the concessionaire that financed the 
        improvements.
            (2) The leased property will be properly maintained by the 
        lessee, and, with respect to historic property that may be 
        leased, preserved, and maintained in a manner consistent with 
        its historic character as determined by the Secretary.
    (c) Discretionary Conditions of Leases.--The Secretary shall 
include in leases entered into under subsection (a) appropriate terms 
and conditions necessary to assure the lessee of adequate protection 
against loss of investment in real property improvement that the lessee 
may make to the leased property. Such terms and conditions shall 
include an obligation of the United States to compensate the lessee for 
loss of investment in real property improvements in circumstances that 
the Secretary deems prudent.
    (d) Leasehold Surrender Value.--In any contracts for improvements, 
the Secretary shall recognize the leasehold surrender value of existing 
leases that the Secretary may require to be surrendered in actions 
associated with approving improvements to visitor services to be made 
under this section.
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