    [Senate Hearing 114-496]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 114-496

                              PENDING LEGISLATION

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

                                    HEARING

                                   BEFORE THE

                         SUBCOMMITTEE ON NATIONAL PARKS

                                     OF THE

                                  COMMITTEE ON
                          ENERGY AND NATURAL RESOURCES
                              UNITED STATES SENATE

                        ONE HUNDRED FOURTEENTH CONGRESS

                                 SECOND SESSION

                                       on

    S. 119                               S. 1993
    S. 651/H.R. 1289                     S. 2039
    S. 718                               S. 2061
    S. 770                               S. 2177/H.R. 959
    S. 1329/H.R. 2288                    S. 2309
    S. 1577                              S. 2608
    S. 1930/H.R. 3371                    S. 2620
    S. 1943                              S. 2628
    S. 1975                              H.R. 1949
    S. 1982                              H.R. 2880

                                   __________

                                 MARCH 17, 2016

                                   __________

                           Printed for the use of the
                   Committee on Energy and Natural Resources

     [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

              Available via the World Wide Web: http://www.fdsys

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                   COMMITTEE ON ENERGY AND NATURAL RESOURCES

                        LISA MURKOWSKI, Alaska, Chairman
    JOHN BARRASSO, Wyoming               MARIA CANTWELL, Washington
    JAMES E. RISCH, Idaho                RON WYDEN, Oregon
    MIKE LEE, Utah                       BERNARD SANDERS, Vermont
    JEFF FLAKE, Arizona                  DEBBIE STABENOW, Michigan
    STEVE DAINES, Montana                AL FRANKEN, Minnesota
    BILL CASSIDY, Louisiana              JOE MANCHIN III, West Virginia
    CORY GARDNER, Colorado               MARTIN HEINRICH, New Mexico
    ROB PORTMAN, Ohio                    MAZIE K. HIRONO, Hawaii
    JOHN HOEVEN, North Dakota            ANGUS S. KING, JR., Maine
    LAMAR ALEXANDER, Tennessee           ELIZABETH WARREN, Massachusetts
    SHELLEY MOORE CAPITO, West Virginia

                         Subcommittee on National Parks

                             BILL CASSIDY, Chairman
    ROB PORTMAN                          MARTIN HEINRICH
    JOHN BARRASSO                        RON WYDEN
    LAMAR ALEXANDER                      BERNARD SANDERS
    MIKE LEE                             DEBBIE STABENOW
    JOHN HOEVEN                          ANGUS S. KING, JR.
    SHELLEY MOORE CAPITO                 ELIZABETH WARREN

                          Colin Hayes, Staff Director
                    Patrick J. McCormick III, Chief Counsel
       Lucy Murfitt, Senior Counsel, Public Lands and Natural Resources
                                    Director
               Angela Becker-Dippmann, Democratic Staff Director
                    Sam E. Fowler, Democratic Chief Counsel
                    David Brooks, Democratic General Counsel

                                C O N T E N T S

                                  ----------

                               OPENING STATEMENTS

                                                                       Page
    Cassidy, Hon. Bill, Subcommittee Chairman and a U.S. Senator from
      Louisiana......................................................     1
    Heinrich, Hon. Martin, Subcommittee Ranking Member and a U.S.
      Senator from New Mexico........................................     1
    Mikulski, Hon. Barbara, a U.S. Senator from Maryland.............     2
    Barrasso, Hon. John, a U.S. Senator from Wyoming.................     6

                                    WITNESS

    O'Dell, Peggy, Deputy Director for Operations, National Park
      Service, U.S. Department of the Interior.......................     6

              ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED

    Alexander, Hon. Lamar:
        Statement for the Record.....................................    67
    American Discovery Trail Society:
        Letter for the Record........................................    69
    American Rivers:
        Letter for the Record........................................    74
    Barrasso, Hon. John:
        Opening Statement............................................     6
    Cardin, Hon. Benjamin:
        Statement for the Record.....................................    75
    Cassidy, Hon. Bill:
        Opening Statement............................................     1
    Civil War Trust:
        Statement for the Record regarding S. 718....................    78
        Statement for the Record regarding S. 1943...................    80
    (The) Conservation Fund:
        Letter for the Record........................................    82
    Coons, Hon. Chris:
        Statement for the Record.....................................    84
    (The) Corps Network:
        Letter for the Record........................................    87
    Daines, Hon. Steve:
        Photo for the Record.........................................    56
    Enzi, Hon. Mike:
        Statement for the Record.....................................    92
    Flake, Hon. Jeff:
        Statement for the Record.....................................   102
    Friends of East Rosebud:
        Letter for the Record........................................   103
    Heinrich, Hon. Martin:
        Opening Statement............................................     1
    Kaine, Hon. Tim:
        Statement for the Record.....................................   105
    Korean War Veterans Memorial Foundation:
        Letter for the Record regarding S. 1982 dated March 10, 2016.   106
        Letter for the Record regarding S. 1982 dated March 18, 2016.   108
    Lecky, William:
        Letter for the Record........................................   110
    McCain, Hon. John:
        Statement for the Record.....................................   112
    Mikulski, Hon. Barbara:
        Opening Statement............................................     2
        Statement for the Record.....................................     4
    National Congress of American Indians:
        Letter for the Record........................................   114
    National EMS Memorial Foundation:
        Letter for the Record........................................   118
    National Forest System, Forest Service, U.S. Department of
      Agriculture:
        Statement for the Record.....................................   120
    National Mall Liberty Fund DC:
        Statement for the Record.....................................   121
    National Trust for Historic Preservation:
        Statement for the Record.....................................   126
    Nelson, Louis:
        Letter for the Record dated March 11, 2016...................   129
        Letter for the Record dated March 23, 2016...................   131
    O'Brien, Tony:
        Letter for the Record........................................   133
    O'Dell, Peggy:
        Opening Statement............................................     6
        Written Testimony............................................     9
        Responses to Questions for the Record........................    60
    Orsino, James:
        Letter for the Record........................................   135
    (The) Partnership for the 21st Century Conservation Service
      Corps:
        Letter for the Record........................................   137
    Quad Cities Convention & Visitors Bureau:
        Statement for the Record.....................................   144
    Sewall-Belmont House & Museum:
        Letter for the Record........................................   145
    Shaheen, Hon. Jeanne:
        Statement for the Record.....................................   146
    Tan, Chief Lawrence:
        Letter for the Record........................................   148
    Tester, Hon. Jon:
        Statement for the Record.....................................   150
    Vet Voice Foundation:
        Letter for the Record........................................   151
    Veterans of Foreign Wars of the United States:
        Letter for the Record........................................   153
    Warner, Hon. Mark, and Kaine, Hon. Tim:
        Statement for the Record.....................................   154
    Wyoming Tourism Board:
        Letter for the Record........................................   156

                                     ----------

    The text for each of the bills which were addressed in this hearing can
    be found on the committee's website at: http://www.energy.senate.gov/
    public/index.cfm/hearings-and-business-meetings?ID=DEDE40F9-C1A9-410E-
    8F9E-DA68841AC019.

                              PENDING LEGISLATION

                                  ----------

                            Thursday, March 17, 2016

                                         U.S. Senate,
                              Subcommittee on National Parks,
                     Committee on Energy and Natural Resources,
                                                        Washington, DC.
        The Subcommittee met, pursuant to notice, at 3:02 p.m. in
    room SD-366, Dirksen Senate Office Building, Hon. Bill Cassidy,
    Chairman of the Subcommittee, presiding.

       OPENING STATEMENT OF HON. BILL CASSIDY, U.S. SENATOR FROM
                               LOUISIANA

        Senator Cassidy [presiding]. The Subcommittee will come to
    order.
        I will keep my opening statement brief seeing as we have a
    full agenda examining 24 bills pending before the Subcommittee.
    The bills examine and cover a wide range of issues relating to
    the federal land administered by the Department of Interior and
    the Forest Service including National Park designations,
    special resource studies and boundary adjustments, memorial
    authorizations, a Wild and Scenic River designation and other
    related issues.
        Five of these bills have passed the House of
    Representatives, a few of these bills have been heard before in
    this Subcommittee and still others have been considered in
    previous Congresses.
        Although not all of these bills are without controversy, I
    am hopeful that we can move through the bills fairly quickly.
        The purpose of this hearing is to consider the
    Administration's views on these bills and allow Committee
    members an opportunity to ask any questions. We will also
    include any written statements that have been sent to the
    Subcommittee in the official hearing record.
        Again, because of the large number of bills on today's
    agenda I will not read through the list. We have one witness
    today, Ms. Peggy O'Dell, Deputy Director of Operations for the
    National Park Service. I wish to thank Ms. O'Dell for being
    here.
        Now let me turn to the Ranking Member, Senator Heinrich,
    for his remarks.

    STATEMENT OF HON. MARTIN HEINRICH, U.S. SENATOR FROM NEW MEXICO

        Senator Heinrich. Thank you, Mr. Chairman, and thank you
    for scheduling this hearing which includes 20 legislative
    proposals addressing a variety of national park and public land
    issues in several states across our great nation.
        Later this summer the National Park Service will celebrate
    its centennial anniversary. The many bills on today's agenda
    demonstrate the continued interest in building on the first 100
    years by adding other important sites to the National Park
    System and protecting important natural, historic and cultural
    resources which will enable us to better protect and understand
    the rich and diverse history of our country.
        Among others, I am pleased to see included the bill from
    Senator Tester and Senator Daines to designate part of the East
    Rosebud Creek as a Wild and Scenic River. I know protecting
    East Rosebud has been a priority for Montanans for many years
    now. We have four Wild and Scenic Rivers in New Mexico and they
    are certainly some of my constituents' favorite places to
    kayak, fish and camp with their families.
        In addition to many site-specific proposals, we are also
    going to be considering a bill to establish a 21st Century
    Conservation Service Corps to bring together many of the
    existing youth conservation corps programs into a single
    organization.
        I have a few questions about how that program would be
    implemented, and I look forward to hearing more on this and the
    other bills from the National Park Service witness.
        Thank you very much, Mr. Chair.
        Senator Cassidy: Thank you, Senator Heinrich.
        Senator Barrasso, would you like to make a----
        Senator Barrasso: I will yield for Senator Mikulski.
        Senator Cassidy: Okay.
        Senator Mikulski.

     STATEMENT OF HON. BARBARA MIKULSKI, U.S. SENATOR FROM MARYLAND

        Senator Mikulski. Good afternoon, Chairman Cassidy and
    Senator Heinrich, Senator Barrasso.
        I am here on behalf of the 20 women of the United States
    Senate to ask you to consider the bill authorizing the Sewall-
    Belmont House to be a national park site. This legislative
    initiative has the support of your Chair, Senator Murkowski,
    the Ranking Member, Senator Cantwell, and members of this
    Committee.
        As you talk about the centennial for the National Park
    Service, be aware that we are coming upon in 2020 the
    centennial for the passage of the 19th Amendment which gave
    women the right to vote. The Sewell-Belmont House was an
    important part of that American history. Though the house goes
    back to the 19th century, its importance was not so much its
    architectural features but the fact that it became the home to
    the women's party headed up by the indomitable Alice Paul.
        Many of you know this building because it is right next
    door to the Hart building. When the Hart building was being
    constructed there was a whole move to tear the house down. It
    was then, through the efforts of the women of the House led by
    Congresswoman Schroeder, Peggy Heckler, a bipartisan
    initiative, to make it a historic site.
        Well now the building has aged in place and so many of its
    resources are now going into the building so that they're
    cutting out their public tours, their educational programs and
    their research requests.
        We're asking that the Sewall-Belmont become part of the
    National Park Service because number one, the building can be
    maintained and preserved. The content of the building, the
    Alice Paul and the Women's Suffrage Collection will retain. You
    won't have to take ownership of that and all that goes into
    maintaining the collection. We'll take ownership of the
    building.
        We then hope with the new, if we confirm the new head of
    the Library of Congress, but the Library of Congress will work
    with them on the content.
        We've only, you know, we would hope that with all that the
    Park Service has on it why yet one more building? Well, one,
    this is quite a very important role in our American history.
        Number two, because of its symmetry to the Capitol you
    either have to maintain that building or the building could
    just go. It would be a very sad commentary if such a historic
    site, right within our very own eyes, would do that.
        So we ask that the Committee consider the transfer of the
    Sewall-Belmont House to do this and that it then become,
    through our work and also through private donors and so on, to
    be able to play a role in the commemoration of the passage of
    the 19th amendment.
        I think you would all say the work of Alice Paul, when you
    look at Senator Lisa, Senator Maria and so many of those of us
    who you admire, you would want this to go on. So that's what
    I'd ask you to do today.
        Senator Cassidy. Thank you, Senator Mikulski.
        Senator Mikulski. And I ask unanimous consent that my full
    statement be in the record. We won't march. We won't wear
    banners unless you don't pass the bill. [Laughter.]
        Thank you very much.
        Senator Cassidy. Without objection it is included in the
    record.
        [The information referred to follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Cassidy. Senator Barrasso.

       STATEMENT OF HON. JOHN BARRASSO, U.S. SENATOR FROM WYOMING

        Senator Barrasso. Thank you very much, Mr. Chairman, for
    holding this important hearing.
        One hundred years of service by the National Park Service
    is truly a remarkable achievement. Reaching such a milestone
    makes it even more important that current park assets remain
    open, safe, well maintained and attractive to the public.
        In my home State of Wyoming, Yellowstone and Grand Teton
    National Park experienced a record number of visitors this past
    year and they expect the same coming up in the year ahead.
        Several of the bills that we are considering today suggest
    adding important historic sites to the ever growing list of
    resources managed by the Park Service. When making these
    additions and looking forward to the next 100 hundred years of
    the National Park Service, I think it is just important, Mr.
    Chairman, that Congress and the Park Service make sound,
    responsible choices.
        I remain very concerned about the agency's ability to
    ensure the safety, the health and enjoyment of the public, let
    alone management of future assets in light of the maintenance
    backlog that we currently have. So I hope we will be able to
    discuss that as well today.
        Thank you, Mr. Chairman.
        Senator Cassidy. Thank you, Senator Barrasso.
        All members' statements will be added to the record.
        It is time to hear from our witness, and we could not have
    a better witness on St. Patrick's Day than Ms. O'Dell, who is
    not wearing green.
        We will just let that----
        Ms. O'Dell. I didn't want to be obvious. [Laughter.]
        Senator Cassidy. Ms. O'Dell is the Deputy Director of the
    National Park Service. I understand you are also presenting
    testimony from the Forest Service on a couple of these bills
    and thank you for doing so.
        At the end of your testimony we will begin questions and
    your full written testimony will be made part of the official
    hearing record.
        Ms. O'Dell, please proceed.

      STATEMENT OF PEGGY O'DELL, DEPUTY DIRECTOR FOR OPERATIONS,
         NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR

        Ms. O'Dell. Thank you, Mr. Chairman.
        One correction, I believe the Forest Service has submitted
    a written statement on their bill, so I will not be addressing
    that today.
        Thank you, Mr. Chairman, for the opportunity to present the
    Department of the Interior's views on the 19 bills that deal
    with the National Park Service on today's agenda. I would like
    to submit our full statement on each of these bills for the
    record and summarize the Department's views. So I will begin a
    long litany of numbers of bills and try to be very short and
    sweet so you can have questions.
        The Department supports the following bills:
        S. 2177 and H.R. 959 which would authorize a special
    resource study of the Medgar Evers House,
        S. 651 and H.R. 1289 which would authorize the Department
    to acquire by donation 44 acres of land for the John Muir
    Historic Site,
        H.R. 2880 which would re-designate the Martin Luther King,
    Jr. National Historic Site as the Martin Luther King, Jr.
    National Historical Park,
        S. 718 which would modify the boundary of Petersburg
    National Battlefield,
        S. 1943 which would modify the boundary of Shiloh National
    Military Park and establish Parkers Crossroads Battlefield as
    an affiliated area of the National Park System,
        S. 1975 which would establish the Sewell-Belmont House
    National Historic Site as a unit of the National Park System,
        S. 1993 which would establish the 21st Century Conservation
    Service Corps,
        S. 2309 which would establish the U.S. Civil Rights Network
    within the National Park Service,
        S. 2620 which would facilitate the addition of Park
    Administration at the Coltsville National Historical Park, and
        S. 2628 which would authorize the National Emergency
    Medical Services Memorial Foundation to establish a
    commemorative work in the District of Columbia.
        The reasons for our support of these bills are explained in
    our full statements.
        For several of the bills we are requesting amendments which
    we would be happy to work with the Committee on drafting.
        Regarding H.R. 2288 and S. 1329 which would remove the
    restrictions on certain lands transferred to Rockingham County,
    Virginia, the Department supports H.R. 2288 and would support
    S. 1329 if amended to conform to the language in H.R. 2288.
        Also regarding S. 1930 and H.R. 3371 which would authorize
    a boundary adjustment to Kennesaw Mountain National Battlefield
    Park, the Department supports S. 1930 and would support H.R.
    3371 if amended to conform to the language in S. 1930.
        The Department supports the intent of S. 119 which would
    provide for a lifetime National Recreational Pass for any
    veteran with a service connected disability. We believe many of
    our nation's veterans are already eligible for a free or
    reduced price pass under the Federal Lands and Recreation
    Enhancement Act. Also, it is unclear how we would determine the
    loss in total receipts in order to meet the bill's requirement
    to adjust entrance fees to compensate for lost revenue.
        The Department would support, if amended, S. 770 which
    would provide authority to Escambia County, Florida to convey
    property subject to certain conditions that it received from
    the Federal Government in 1947. The bill is intended to resolve
    a long standing, land use issue with the county. However, the
    Department would like to ensure that this bill does not result
    in the removal of protection for undeveloped lands that remain
    from the 1947 conveyance.
        The Department defers to the Department of Education for a
    position on S. 2061 which would designate a national memorial
    to fallen educators.
        Regarding S. 2039 which would designate the Mountain at
    Devil's Tower National Monument as Devil's Tower, the
    Department is concerned about any decisions made by this
    legislation without taking into account the views of the tribes
    in the area.
        Regarding S. 2608 which would require the Secretaries of
    the Interior and Agriculture to place signage denoting the
    American Discovery Trail on federal land, the Department would
    not oppose if amended to make the authority discretionary
    rather than mandatory.
        The Department opposes H.R. 1949 which would direct that
    the Secretary of Agriculture rather than the Secretary of the
    Interior or the Administrator of GSA be responsible for the
    consideration and submission of site and design proposals for
    the National Liberty Memorial. We believe this legislation
    would complicate the process for a memorial establishment under
    the Commemorative Works Act and would likely lead to delays in
    the establishment of the National Liberty Memorial.
        Finally, the Department opposes S. 1982 which would
    authorize a wall of remembrance as part of the Korean War
    Veterans Memorial because it would significantly alter the
    character of the existing memorial and it is inconsistent with
    the Commemorative Works Act.
        Mr. Chairman, this concludes my statement. I'd be pleased
    to answer any questions that you have.
        [The prepared statement of Ms. O'Dell follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Cassidy. Ms. O'Dell, according to the Park
    Service's own reports the maintenance backlog is currently
    $11.9 billion. It sounds like a great idea to add the Sewall-
    Belmont House to the National Park Service but, of course, it
    begs the question how does that affect or would it add to the
    Park Service maintenance backlog?
        Ms. O'Dell. You know, that is always a really hard balance
    when we look at the significance of a structure and a site like
    the Sewall-Belmont House. The National Park Service is charged
    to evaluate sites like that and their potential for coming into
    the National Park Service on their national significance, their
    suitability, their feasibility and the ability to manage them
    as a unit of the Park Service. And that's what we base our
    decision and recommendation on.
        The Sewall-Belmont Home certainly meets all of those
    criteria, and we would be tasked with coming up with funding to
    support the continued upkeep of that home. And we also have
    great partners in the National Women's Party, who have
    dedicated themselves to the preservation of that site. So we
    believe between prioritizing the needs in our appropriation and
    working with the National Women's Party on philanthropy that we
    will be able to significantly care for the home.
        Senator Cassidy. Yes, but how much will it add to your
    maintenance backlog? Do you follow what I am saying? Knowing
    that you have got a big one and so, if you will, this could be
    a drop in the bucket. But do you have a sense of the needs of
    the property?
        Ms. O'Dell. I believe the estimate on the immediate needs
    for repairs to the home are about $1 million.
        Senator Cassidy. Okay. Do you think that could be covered
    by philanthropy or how much would come out of the budget?
        Ms. O'Dell. I believe that's a question yet to be
    determined.
        We need to look at what the projects actually are and look
    at our foundation to see how they can help us. But we are
    generally successful in finding donors to help preserve those
    significant sites, and we would pursue that along with using
    our appropriation and prioritizing the needs across the
    service.
        Senator Cassidy. Okay.
        Now regarding H.R. 2880, re-designating the Martin Luther
    King, Jr. National Historic Site as a national park, what is
    the significance of that change in designation?
        Ms. O'Dell. A National Historic Site generally refers to a
    single structure like a President's home, for example. The
    Martin Luther King, Jr. National Historic Site today is an
    amalgamation of many buildings and portions of the Sweet Auburn
    neighborhood, and this bill also suggests adding another site
    where the Southern Christian Leadership Council began their
    organization. And so the National Historical Park designation
    signifies that it is more than one structure.
        Senator Cassidy. So it sounds like originally it should
    have been designated a park as opposed to a site. Is that
    correct?
        Ms. O'Dell. Well I would say a historical park rather than
    a national park.
        Senator Cassidy. Yes, that is what I meant.
        Ms. O'Dell. The proposal is national historical park. And
    that, quite possibly could have been true in the beginning. I
    wasn't around then so I don't know the debate. [Laughter.]
        Senator Cassidy. Okay.
        In this hearing we have one special resource study bill to
    look at, the Medgar Evers home in Mississippi. The hearing we
    had in March last year we had three special resource study
    bills.
        This makes me wonder how many of these special resource
    studies the Park Service completes actually recommend inclusion
    in the Park System?
        Ms. O'Dell. That's a good question. I don't know that I
    know the percentage of completed bills that result in
    recommendations of inclusion. I can certainly get that number
    for you.
        [The information requested was not provided as of the date
    of printing.]
        Senator Cassidy. And what----
        Ms. O'Dell. We currently have about 25 studies in progress
    and this one would be added that to that mix.
        Senator Cassidy. And why would something be recommended
    against?
        Ms. O'Dell. If it didn't meet one or more of those criteria
    I mentioned earlier, the national significance, the
    feasibility, the suitability and if the National Park Service
    was the only management authority that would be sufficient.
        Senator Cassidy. Sounds great.
        Just to confirm as we have these boundary expansions of
    existing units, I take it these would be not condemnations but
    they would be donations or voluntary sellers.
        Ms. O'Dell. Yes sir, absolutely.
        Senator Cassidy. Okay.
        Lastly, regarding the Veterans Park and Federal Recreation
    Lands Pass, I have a young man working with me who is a
    veteran. I think he tells me he has a five percent disability
    because of his tinnitus, ringing in his ear. I have it, but I
    got it from listening to too much loud music as a teenager.
        Would that qualify, if he is otherwise able, exercises,
    jogs, plays soccer, all this other stuff? Would that five
    percent tinnitus qualify him for the free pass under this
    legislation?
        Ms. O'Dell. I believe this legislation says that if it is a
    permanent disability and if--and a veteran would normally show
    some certification of that to get that free pass.
        Actually in practice, the provisions for the access pass
    and the provision for the age pass would serve the need of this
    bill under current policies under FLREA for the most part.
        Senator Cassidy. Would it? I think what you are telling me
    is the bill is not necessary?
        Ms. O'Dell. We believe that we could meet this need with
    the current FLREA law and having it as a permanent
    authorization for the FLREA law would certainly help.
        Senator Cassidy. Okay.
        I now yield to my Ranking Member, Senator Heinrich.
        Senator Heinrich. Thank you, Mr. Chair.
        Ms. O'Dell, I wanted to ask you a little bit about S. 2039
    by our colleague from Wyoming. I know that the geologic feature
    in this bill is sacred to many Native American communities and
    has deep cultural importance. In fact, many of them have their
    own names for it.
        So I wanted to ask, has the Park Service consulted with
    neighboring tribes on the question of the name?
        Ms. O'Dell. We have, sir. We have had multiple
    conversations with the tribes in the area, and we believe we
    understand quite well how sacred this land is to the various
    tribes and why they are offended by its current name.
        And we are doing everything in our current authority to
    honor that. For example, in the development of foundation
    documents for that park we use both the terms Devil's Tower and
    Bear Lodge. So we're trying our very best to respect the
    sensitivities of the tribes.
        Senator Heinrich. Does the Board of Geographic Names at
    USGS conduct any sort of a tribal consultation process when
    they deal with naming areas that are significant to individual
    tribes?
        Ms. O'Dell. Yes, sir, I believe they do.
        When there is a request for a name change, the Board would
    reach out to any interested parties and certainly conduct
    tribal consultations.
        Senator Heinrich. I want to switch to S. 1993. I am a big
    supporter of national service programs, particularly those that
    get our youth outside and into our public lands.
        Last summer I got the chance to actually join the Rocky
    Mountain Youth Corps at Bandelier National Monument for a
    restoration service project where we stabilized some walls of
    those ancestral Puebloan ruins, and at one point I was actually
    an AmeriCorps volunteer myself with the Fish and Wildlife
    Service. So I very much support the concept here, but I noticed
    that this legislation includes an exemption from prevailing
    wage law, the minimum wage law, and child labor laws. Of
    course, national service volunteers are a little different than
    regular employees. I recognize that, but I want to make sure we
    are not waiving important worker protection laws.
        So can you talk a little bit about those waivers and
    whether we get that balance right in this legislation and also
    tell me if the same exemption exists in existing programs like
    AmeriCorps, or is this different?
        Ms. O'Dell. So I believe there's a similar exemption exists
    in both AmeriCorps and the Public Land Corps legislation that
    is already authorized and that we use. And we're aware of the
    Department of Labor's concerns and we've had extensive
    conversations with them and continue to make certain that we
    have the authority that we believe we have to pay different
    wage rates.
        And the reason that's so important and we hear it from our
    partners who support these youth groups that paying out
    respectable wage, one that is right for the service level that
    is provided, coupled with the time allowed that they have to be
    able to secure a permanent position strikes the right balance.
        Senator Heinrich. Okay.
        I think under AmeriCorps two of the waivers exist. I'm not
    sure the child labor waiver exists, so if we can just have that
    conversation and get to the bottom of that, I would appreciate
    it.
        Ms. O'Dell. We'll circle back with labor.
        Senator Heinrich. Thank you.
        Ms. O'Dell. You're welcome.
        Senator Cassidy. Senator King.
        Senator King. Thank you for joining us today, and I
    appreciate the work of the Park Service.
        Ms. O'Dell. Thank you, Senator.
        Senator King. Happy 100th Anniversary.
        Ms. O'Dell. Thank you.
        Senator King. I want to complement you and your Department
    on the work on the app for the passes. I understand we have
    pilot programs going into effect.
        Ms. O'Dell. Yes, you're so kind to mention that. Thank you.
        Senator King. Well, it means a lot and I think it is going
    to be a great thing for both the visitors and the Park Service,
    so I appreciate your work on that.
        Just one question and we cannot answer this today. But I
    just wanted to flag for your attention there is an issue with
    regard to the border of Acadia National Park.
        Ms. O'Dell. Yes.
        Senator King. Where the original 1929 Act appeared to be
    sort of open ended, there was an 1986 Act that was designed to
    establish permanent boundaries. We have got the Schoodic
    Peninsula property that has been accepted in apparent
    contradiction to the contravention to the 1986 law.
        So this is something we have to work on and try to get
    clarified. I understand there is going to be another hearing on
    some of these park bills in May, but my main purpose is just to
    bring it to your attention so that we, hopefully, can come to a
    resolution involving the Park Service and the Committee so that
    we can clarify this, the ambiguity that has been raised by this
    recent acquisition at Schoodic.
        Ms. O'Dell. Thank you, Senator.
        We are well aware of that contradiction, and we're working
    with our Solicitor's Office in trying to seek clarity on what
    authorities we have to use either one of those to accept the
    donation. So we will continue that dialogue and work with you.
        Senator King. One other question.
        There is a bill, S. 119, that I am a co-sponsor of, the
    Wounded Veterans Recreation Act, that would facilitate wounded
    veterans access to the parks.
        I would appreciate it and we don't have to do this today,
    but for the record if you could give me any cost estimate you
    might have that that would impose upon the Park Service.
        Ms. O'Dell. Thank you. We are contemplating how we might
    come up with that for you with some--any level of reliable
    data. So we'll continue to work on that and get back to you.
        Senator King. Fine. Thank you very much.
        Ms. O'Dell. Thank you, Senator.
        Senator Cassidy. Thank you, Senator.
        Senator Daines. I think I am supposed to note that you are
    not a member of the subcommittee, but you are joining us and we
    are pleased to have you.
        Senator Daines. Thank you, Mr. Chairman, and I appreciate
    that. I am very pleased to have that beautiful landscape behind
    me here in this discussion about the East Rosebud.
        [The information referred to follows:]
        [GRAPHIC] [TIFF OMITTED] T1969.045

        I want to thank you, Mr. Chairman, as well as Ranking
    Member Heinrich, for holding this hearing on Senate Bill 1577,
    a bill to protect the East Rosebud Creek under the Wild and
    Scenic Rivers Act.
        I was happy to introduce this bill alongside my Montana
    colleagues, Senator Jon Tester and Congressman Ryan Zinke, in
    June of last year and also when I was in the House as a lone
    representative when I was in Congress. The Wild and Scenic
    Rivers Act was originally spearheaded by two Montanans, Jon and
    Frank Craighead. They are well known for their research on
    grizzly bears.
        Ms. O'Dell. Yes.
        Senator Daines. We are very pleased to see a lot of that, I
    think, foundation work. I remember as a kid in Bozeman, growing
    up in the schools there watching the films and so forth of the
    Craighead's and that pioneering research they did on grizzly
    bears.
        Portions of two of Montana's famous rivers are designated
    as Wild and Scenic already. The Flathead River was designated
    on October 12th, 1976. The North Fork from the Canadian Border
    downstream to the Hungry Horse Reservoir, beautiful, wild
    country in Montana. The Missouri River was designated on
    October 12th, 1976, and the segment from Fort Benton downstream
    to Robinson Bridge.
        If Senate Bill 1577 becomes law it will be the first Wild
    and Scenic designation in Montana in 40 years, and if there's
    ever a drainage to protect, East Rosebud Creek is it. According
    to local stakeholders more than 90 percent of local landowners
    and all subdivision associations and ranches in a ten-mile
    radius are backing this bill.
        It is hard to get anybody to agree on any one topic.
    [Laughter.]
        With that kind of widespread situation for a five-mile
    radius the approval rate goes up to 99 percent. It is hard to
    get that kind of unanimity with anything here in Washington.
        This bill protects a drainage that fuels the bustling
    tourism county of South Central Montana, Carbon County. Tourism
    accounts for over $70 million per year in Carbon County. In
    fact, the East Rosebud drainage is part of the Absaroka Bear
    Tooth Wilderness where I grew up backpacking and fishing. I
    have plenty of stories that will take up too much time. Just
    this last summer my wife and I were up on those plateaus
    chasing golden trout with an elk hair caddis, just last August.
    Golden trout are hard to find and even harder to catch but we
    did both.
        The East Rosebud Creek Trail is called the Beaten Path in
    our state because nearly 6,000 to 7,000 visitors come from all
    over the world to hike along its shore and fish its many lakes,
    enjoy its many waterfalls. In fact, it is the third most hiked
    trail in the Bear Tooth and one of the launching spots to
    Granite Peak, a peak that I climbed when I was in college at
    the highest point in Montana at 12,799 feet.
        The bill would designate sections of East Rosebud Creek
    entirely on public land, 13 miles of the creek up to the
    wilderness boundary and a seven-mile segment as recreational up
    to the boundary with the Forest Service. The Forest Service has
    studied this area and recommends its wild and scenic
    designation in its forest plan. The Administration supports
    this bill. The entire Montana delegation supports this bill.
        There is no significant mineral potential within the
    protected area. Now there is some oil and gas activity outside
    of the wilderness area and private land neighboring this
    designation, though not within the designation.
        I plan to strengthen this bill in mark up to ensure this
    designation does not impact activities occurring outside the
    protected areas similar to language included in Representative
    Zinke's House companion bill and language that has been
    associated with Wild and Scenic designations in the past.
        So thank you, Chairman Cassidy. Thank you, Ranking Member
    Heinrich.
        I wish we could do a field hearing with the East Rosebud
    there in the background. Anybody that is not sold on this will
    just need to come out there and see it and you would be sold.
        I also want to thank the Administration for their support,
    and I look forward to moving this bill forward.
        Senator Heinrich. Mr. Chair, do you mind if I ask a
    question of the Senator from Montana?
        You thought you were going to get off easy, didn't you?
    [Laughter.]
        So if Montana looks like that, how do you bring yourself to
    get on the airplane and come back here every week? [Laughter.]
        Senator Daines. The hardest 17 minute ride every Monday
    morning is from my house to the airport.
        Senator Heinrich: I would say that the numbers that you
    referenced are a testament to the work that has gone into this.
    There is almost nothing these days that gets approval ratings
    like that, certainly not those of us who sit on this dais.
        Senator Daines. Right.
        Well thanks, I appreciate it.
        Senator Cassidy. I will also note that you pronounce creek
    like Jimmy Stewart did in Mr. Smith goes to Washington.
    [Laughter.]
        So anyway, I assume crick is creek.
        Senator Daines. It was a crick. A creek is a crick.
    [Laughter.]
        And a coyote is not a coyote, it is a cayote, just for the
    Montana people that are here.
        Senator Cassidy. I have no more questions.
        Senator, do you?
        Thank you, Ms. O'Dell, for your testimony.
        If there are no more questions today, members may also
    submit follow up written questions for the record. The hearing
    record will be open for two weeks.
        Again, thank you for your time and your testimony today.
        Ms. O'Dell. Thank you, Senator, thank you.
        Senator Cassidy. This hearing is adjourned.
        [Whereupon, at 3:33 p.m. the hearing was adjourned.]

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