[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2786 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2786

   To authorize the Secretary of the Interior to carry out a plan to 
 rehabilitate Going-to-the-Sun Road located in Glacier National Park, 
                    Montana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2000

 Mr. Daschle (for Mr. Baucus) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Interior to carry out a plan to 
 rehabilitate Going-to-the-Sun Road located in Glacier National Park, 
                    Montana, 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. SHORT TITLE.

    This Act may be cited as the ``Glacier National Park Rehabilitation 
and Enhancement Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 1910, Congress established Glacier National Park, 
        Montana, to provide opportunities to experience, understand, 
        appreciate, and enjoy the Park while preserving the resources 
        of the Park;
            (2) in 1916, Congress enacted the Act of August 25, 1916 
        (16 U.S.C. 1 et seq.), clarifying that national parks were 
        established to preserve and protect natural and cultural 
        resources so that the resources would remain unimpaired for 
        future generations;
            (3) in 1965, by enacting Public Law 89-249 (commonly known 
        as the ``National Park System Concessions Policy Act'') (16 
        U.S.C. 20 et seq.), and in 1998, by enacting the National Park 
        Service Concessions Management Improvement Act of 1998 (16 
        U.S.C. 5951 et seq.), Congress directed that the development of 
        public accommodations, facilities, and services in the National 
        Park System be limited to those accommodations, facilities, and 
        services that are--
                    (A) necessary and appropriate for public use and 
                enjoyment; and
                    (B) consistent, to the maximum extent practicable, 
                with the preservation and conservation of national 
                parks;
            (4) Glacier National Park contains prehistoric sites dating 
        back 2,000 years, and has been a site of key importance to the 
        Salish, Kootenai, and Pikuni (Blackfeet) tribes for hunting, 
        gathering, and spiritual purposes;
            (5) each tribe referred to in paragraph (4) has sacred 
        sites within the Park;
            (6) the Park contains more than 1200 varieties of plants, 
        22 species of fish, 210 species of birds, and 57 species of 
        mammals;
            (7) the Park provides valuable habitat for the gray wolf, 
        the grizzly bear, the Canada lynx, the peregrine falcon, and 
        the bull trout, all of which are listed as threatened species 
        or endangered species by the United States Fish and Wildlife 
        Service under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.);
            (8) the Park is the site of 6 national historic landmarks, 
        including the Many Glacier Hotel and the Lake McDonald Lodge;
            (9) the Park contains more than 350 structures that are 
        listed on the National Register of Historic Places;
            (10) in 1996, the National Trust for Historic Preservation 
        placed the historic structures in the Park on the list of the 
        11 most endangered sites in the United States;
            (11) the Many Glacier Hotel, built by the Great Northern 
        Railway between 1914 and 1917, is in need of major 
        rehabilitation in order to maintain the historic values of the 
        structure;
            (12) the Going-to-the-Sun Road in the Park was--
                    (A) in 1983, listed on the National Register of 
                Historic Places;
                    (B) in 1985, designated as a national historic 
                engineering landmark by the American Society of Civil 
                Engineers; and
                    (C) in 1997, due in part to the narrow width of the 
                Road, designated as a national historic landmark;
            (13) the upper portions of the Road have not been 
        substantially repaired or rehabilitated since the Road was 
        completed in 1932;
            (14) in 1997, the Federal Highway Administration concluded 
        that the Road has sustained significant structural damage and 
        is in need of major rehabilitation;
            (15) in 1999, the Park completed a General Management Plan 
        that addressed 8 critical issues facing the Park, including the 
        use and reconstruction of the Road, the preservation of 
        historic hotels, and the need for a west side discovery center 
        and museum;
            (16) public response to the General Management Plan 
        indicated strong support for Park management that protected 
        natural resources and wildlife while maintaining visitor use 
        and retaining facilities in the Park;
            (17) every year, approximately 2,000,000 people from all 
        parts of the world visit the Park;
            (18) conservative economic models indicate that the Park 
        generates more than $160,000,000 annually in income for the 
        economy of the State of Montana;
            (19) it is in the public interest to maintain and restore 
        the resources of the Park and to involve the public in 
        decisionmaking concerning management, preservation, and 
        restoration of the resources of the Park; and
            (20) recognizing that national parks are held in trust for 
        the public, it is in the public interest--
                    (A) for resources and facilities at the Park to be 
                accessible and affordable to the general public;
                    (B) for resources of the Park to remain in public 
                ownership;
                    (C) for the National Park Service to conduct a 
                comprehensive, continuous, long-term assessment of the 
                needs and resources of the Park so that Congress and 
                the National Park Service may take steps to prevent the 
                deterioration of resources of the Park to critical 
                levels, such as the deterioration that has occurred 
                with respect to the Many Glacier Hotel;
                    (D) to reconstruct the Road while maintaining 
                public involvement concerning--
                            (i) the best method for reconstruction of 
                        the Road; and
                            (ii) the development of economic impact 
                        mitigation that is the most effective and 
                        consistent with Park values;
                    (E) for the National Park Service, in accordance 
                with the Commercial Services Plan, to assess a variety 
                of funding options for the rehabilitation of historic 
                structures in the Park, including the potential for a 
                historic lease financing demonstration project;
                    (F) for the National Park Service to create 
                partnerships with local educational institutions and 
                Native American tribes to facilitate job training for 
                Park jobs and enhanced cultural and historical visitor 
                experiences; and
                    (G) for the National Park Service to design and 
                construct a new visitor center and museum space on the 
                west side of the Park, as outlined in the General 
                Management Plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Going-to-the-Sun Road Citizens Advisory Committee 
        referred to on page 1422 of the Conference Report No. 105-825 
        accompanying the Omnibus Consolidated and Emergency 
        Supplemental Appropriations Act, 1999 (Public Law 105-277).
            (2) Commercial services plan.--The term ``Commercial 
        Services Plan'' means the Commercial Services Plan for Glacier 
        National Park required to be completed under section 6 that 
        is--
                    (A) referred to in the General Management Plan; and
                    (B) as of the date of enactment of this Act, being 
                prepared by the National Park Service.
            (3) General management plan.--The term ``General Management 
        Plan'' means the Final General Management Plan for Glacier 
        National Park completed by the National Park Service in 1999.
            (4) Local educational institution.--
                    (A) In general.--The term ``local educational 
                institution'' means a college (including a community 
                college) or university that is located in the vicinity 
                of the Park.
                    (B) Inclusions.--The term ``local educational 
                institution'' includes--
                            (i) Flathead Valley Community College;
                            (ii) Blackfeet Community College; and
                            (iii) Salish Kootenai College.
            (5) Park.--The term ``Park'' means Glacier National Park, 
        Montana.
            (6) Resources of the park.--The term ``resources of the 
        Park'' means the historical, cultural, and biological resources 
        of the Park.
            (7) Road.--The term ``Road'' means Going-to-the-Sun Road, 
        located in Glacier National Park, Montana.
            (8) Tour buses.--The term ``tour buses'' means the fleet of 
        red tour buses built in 1937 that are used to transport 
        visitors through the Park.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.

SEC. 4. GOING-TO-THE-SUN ROAD REHABILITATION AND MAINTENANCE.

    (a) Going-to-the-Sun Road Study.--Not later than 18 months after 
the date on which funds are made available under this section, the 
Secretary, in consultation with the Advisory Committee, shall complete 
a feasibility study for rehabilitation of the Road.
    (b) Inclusions.--The study shall include--
            (1) alternative plans for rehabilitation of the Road, 
        including, for each alternative described in a plan--
                    (A) a ranking of the feasibility of the 
                alternative;
                    (B) an estimate of the length of time necessary to 
                complete the alternative; and
                    (C) an estimate of the likely economic impact to 
                local communities of the alternative;
            (2) an estimate of the costs and analysis of benefits of 
        each plan;
            (3) an analysis of long-term maintenance needs, standards, 
        and schedules for the Road, including--
                    (A) alternatives that may facilitate the completion 
                of repairs;
                    (B) maintenance staff needs; and
                    (C) associated cost estimates;
            (4) an analysis of improvements to any transportation 
        system relating to the Park that are needed inside or outside 
        of the Park; and
            (5) such additional information as is necessary to comply 
        with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); and
                    (C) other applicable law.
    (c) Continuation of Maintenance.--Nothing in this section affects 
the duty of the Secretary to continue to preserve, maintain, and 
address safety concerns relating to the Road.
    (d) Implementation of Plan.--As soon as practicable after 
completing the study required under subsection (a), the Secretary 
shall--
            (1) consider the recommendations of the Advisory Committee;
            (2) make a final decision regarding rehabilitation of the 
        Road and improvement of transportation systems relating to the 
        Park that are located inside or outside of the Park; and
            (3) implement the decision.
    (e) Report.--Not later than 30 days after completion of the study 
required under subsection (a), the Secretary shall submit a copy of the 
study to--
            (1) the Committee on Resources, and the Committee on 
        Transportation and Infrastructure, of the House of 
        Representatives; and
            (2) the Committee on Energy and Natural Resources, and the 
        Committee on Environment and Public Works, of the Senate.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section (including the cost of the study 
under subsection (a), engineering design and planning, rehabilitation 
of the Road, transportation system improvements, and monitoring) 
$200,000,000.

SEC. 5. IMPACT MITIGATION PLAN.

    (a) In General.--The Secretary, in consultation with the Advisory 
Committee, local governments, affected local businesses, and other 
interested persons, shall prepare a plan to mitigate any adverse 
economic impact to local communities resulting from rehabilitation of 
the Road.
    (b) Considerations of Plan.--In developing the plan described in 
subsection (a), the Secretary shall take into consideration--
            (1) low interest loans, grants, and other incentives issued 
        in partnership with local governments or economic development 
        authorities to assist existing businesses in stimulating 
        alternative economic opportunities during repair of the Road;
            (2) marketing and other incentives to maintain sustainable 
        levels of visitation to the Park;
            (3) training for businesses and employees to--
                    (A) better meet the needs of the Park; and
                    (B) respond to any expected adverse economic 
                impact; and
            (4) consistency with Park values as expressed in the Act of 
        August 25, 1916 (16 U.S.C. 1 et seq.), and other applicable 
        provisions of law.
    (c) Impact Mitigation Funds.--The amount of funds dedicated to 
impact mitigation under the plan described in subsection (a) shall be 
commensurate with the estimates of the likely adverse economic impact 
on local communities for the alternative selected under section 4(d), 
as determined by the Secretary under section 4(b)(1)(C).
    (d) Report to Congress.--Not later than 30 days after completion of 
the plan described in subsection (a), the Secretary shall submit to 
each Member of Congress from the State of Montana a copy of the study 
that indicates whether additional funds or congressional authorization 
is needed to implement the plan.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000.

SEC. 6. COMMERCIAL SERVICES PLAN.

    (a) In General.--The Secretary shall complete a Commercial Services 
Plan for the Park to assess the provision of commercial services in the 
Park, including, at a minimum, assessments of--
            (1) visitor needs in the context of the congressional 
        direction for the National Park System, as expressed in--
                    (A) the Act of August 25, 1916 (16 U.S.C. 1 et 
                seq.);
                    (B) the National Park Service Concessions 
                Management Improvement Act of 1998 (16 U.S.C. 5951 et 
                seq.);
                    (C) other applicable law; and
                    (D) the General Management Plan;
            (2) the condition of the Many Glacier Hotel and other 
        historic structures in the Park;
            (3) options for rehabilitation of the Many Glacier Hotel 
        and other historic structures in the Park;
            (4) options for financing repair of the Many Glacier Hotel 
        and other historic structures in the Park, including the use of 
        the historic lease financing option authorized under section 7, 
        that--
                    (A) maintain public ownership of the structures;
                    (B) use or combine public and private (including 
                philanthropic) funding;
                    (C) are consistent with the General Management 
                Plan;
                    (D) are consistent with the intent of Congress as 
                expressed in each law referred to in paragraph (1); and
                    (E) further the public interest in preserving the 
                historical and cultural values of the structures; and
            (5) the environmental impact of each option considered 
        under paragraphs (3) and (4).
    (b) Public Participation.--In preparing the Commercial Services 
Plan, the Secretary shall provide full opportunities for comment by all 
interested persons.
    (c) Report to Congress.--Not later than 30 days after completion of 
the plan under subsection (a), the Secretary shall submit a copy of the 
Commercial Services Plan that indicates whether additional funds or 
congressional authorization for federally guaranteed loans or other 
purposes are needed to implement the Plan, to--
            (1) the Committee on Resources, and the Committee on 
        Transportation and Infrastructure, of the House of 
        Representatives; and
            (2) the Committee on Energy and Natural Resources, and the 
        Committee on Environment and Public Works, of the Senate.
    (d) Resources.--The Secretary shall allocate sufficient resources 
for the completion of the Commercial Services Plan in accordance with 
this section.
    (e) Report to Congress.--The Secretary shall submit to Congress a 
report that describes recommendations for financing historic 
restoration efforts at units of the National Park System other than the 
Park, based on the findings of the Commercial Services Plan.

SEC. 7. AUTHORIZATION FOR HISTORIC LEASE FINANCING DEMONSTRATION 
              PROJECT.

    (a) Determination by Secretary.--If the Secretary determines, in 
reviewing the Commercial Services Plan, that an exercise of authority 
under this section would be in the public interest and consistent with 
Park values, the Secretary may exercise the authority.
    (b) Competitive Leasing of Property.--After completion of the 
Commercial Services Plan, notwithstanding section 321 of the Act of 
June 30, 1932 (40 U.S.C. 303b), or any other provision of law, the 
Secretary may competitively lease to any person a lodging facility 
(including associated property) in the Park that is listed on the 
National Register of Historic Places.
    (c) Mandatory Conditions of Lease.--A lease under subsection (b) 
shall include such terms and conditions as the Secretary determines are 
necessary to--
            (1) ensure, to the maximum extent practicable, that the 
        lease will not result in any derogation of the values of 
        Glacier National Park;
            (2) ensure the rehabilitation and maintenance of the leased 
        property in a manner consistent with the historic character of 
        the property, as determined by the Secretary;
            (3) ensure the payment or other satisfaction of any 
        possessory interest and other compensation due the concessioner 
        relating to the leased property under the terms of National 
        Park Service Concession Contract No. GLAC 002-81, on the 
        expiration or other termination of that contract; and
            (4) require the lessee to sublease the leased property to a 
        person holding a concession contract awarded by the Secretary 
        under title IV of the National Park Service Concessions 
        Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.).
    (d) Discretionary Conditions of Lease.--The Secretary may include 
in a lease under subsection (b) such other terms and conditions as the 
Secretary determines to be necessary to provide the lessee adequate 
protection against loss of investment in any capital improvement that 
the lessee may make to the leased property, such as an obligation of 
the United States to compensate the lessee for loss of investment in 
capital improvements made to the leased property, including, if 
appropriate, an obligation of funds deposited or to be deposited in the 
Glacier National Park subaccount established by section 407(d) of the 
National Park Service Concessions Management Improvement Act of 1998 
(16 U.S.C. 5956(d)).
    (e) Leasehold Surrender Interest.--If the rehabilitation costs of 
the property leased under subsection (b) cannot be entirely recovered 
by a lessee through historic rehabilitation tax credits under section 
47 of the Internal Revenue Code, sublessee rent payments, and other 
terms and conditions of the lease, the Secretary may, after submitting 
a report to Congress describing the inability to recover funds, include 
in a lease authorized by subsection (b) terms and conditions that are 
necessary to provide the lessee a leasehold surrender interest in the 
leased property as described in section 405 of the National Park 
Service Concessions Management Improvement Act of 1998 (16 U.S.C. 
5954).

SEC. 8. RESTORATION OF TOUR BUSES.

    The Secretary shall, to the maximum extent practicable, provide 
necessary assistance to the National Trust for Historic Preservation 
and other entities seeking to restore tour buses used in the Park.

SEC. 9. PARTNERSHIPS WITH LOCAL EDUCATIONAL INSTITUTIONS.

    (a) In General.--The Secretary shall enter into partnerships with 
local educational institutions to facilitate the development of skills 
that are needed for employment opportunities in and around the Park.
    (b) Programs.--In conjunction with local educational institutions, 
the Secretary shall evaluate the use of--
            (1) the Historic Preservation Training Center of the 
        National Park Service, in the development of collaborative 
        programs to--
                    (A) train students in working with historic 
                materials and fabrics; and
                    (B) provide to students other expertise necessary 
                for the restoration, preservation, stabilization, and 
                reconstruction of historic properties;
            (2) the Learning Place Programs for Natural and Cultural 
        Resources Stewardship of the National Park Service, to develop 
        collaborative programs to train students in cultural education, 
        environmental science, and natural resource management; and
            (3) the Learning Place Programs for Specialty Fields of the 
        National Park Service, to develop collaborative programs to 
        train students in concessions management, visitor services, and 
        related fields.
    (c) Integration.--Partnerships entered into under this section 
shall--
            (1) seek to build on the selection of courses already 
        available at area education institutions;
            (2) encourage a closer relationship between the National 
        Park Service at the Park and area education institutions; and
            (3) facilitate greater interaction between local 
        communities, local educational institutions, and the Park in 
        the form of internships, on-site research, visiting lecturers, 
        and job placement.
    (d) Promotion of Partnerships.--In issuing a contract regarding 
Glacier National Park under this Act or any other provision of law, the 
Secretary shall seek to promote the partnerships under this section.
    (e) Logistics.--The Secretary shall--
            (1) evaluate any logistical difficulties that could limit 
        the success of a program described in subsection (b), including 
        transportation and other needs relating to funding; and
            (2) submit to Congress a report that describes any 
        recommendations of the Secretary to minimize those logistical 
        difficulties.

SEC. 10. GLACIER NATIONAL PARK RESOURCES AND NEEDS ASSESSMENT.

    (a) In General.--The Secretary, in conjunction with the National 
Academy of Sciences, shall conduct an assessment to determine--
            (1) the condition of the resources of the Park;
            (2) activities and events that are adversely affecting the 
        resources of the Park; and
            (3) the resources and authority that are needed to maintain 
        the resources of the Park in accordance with--
                    (A) the Act of August 25, 1916 (16 U.S.C. 1 et 
                seq.);
                    (B) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); and
                    (C) other applicable laws.
    (b) Public Involvement.--The Secretary shall conduct the assessment 
required under subsection (a) with full opportunities for public 
participation, and in consultation with--
            (1) the Blackfeet and Confederated Salish and Kootenai 
        Tribes;
            (2) the State of Montana;
            (3) the National Parks Conservation Association; and
            (4) the National Trust for Historic Preservation.
    (c) Report to Congress.--Not later than 30 days after completion of 
the assessment under subsection (a), the Secretary shall submit a copy 
of the assessment that indicates whether additional funding, 
authorization, or other congressional action is needed to protect and 
maintain the resources of the Park, to--
            (1) the Committee on Resources, and the Committee on 
        Transportation and Infrastructure, of the House of 
        Representatives; and
            (2) the Committee on Energy and Natural Resources, and the 
        Committee on Environment and Public Works, of the Senate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to provide the resources and needs assessment described in 
subsection (a) $1,000,000.

SEC. 11. GLACIER NATIONAL PARK VISITOR CENTER.

    (a) In General.--As soon as practicable after completion of the 
Commercial Services Plan and any studies required to be carried out 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other applicable laws, the Secretary shall--
            (1) determine an appropriate location and design for a new 
        visitor center, including suitable housing and display 
        facilities for the collection of museum objects of the Park, 
        for the west side of the Park; and
            (2) construct the visitor center.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated for planning and construction of the visitor center 
described in subsection (a) $18,000,000.

SEC. 12. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS.

    (a) In General.--Consistent with the General Management Plan and, 
when completed, the Commercial Services Plan, the Secretary shall 
continue to maintain and improve the utility systems in the Park.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated for repair and improvement of utility systems in the Park 
$20,000,000.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts authorized to be appropriated under other 
sections of this Act, there are authorized to be appropriated such sums 
as are necessary to carry out this Act.
                                 <all>