[Senate Report 104-203]
[From the U.S. Government Publishing Office]
Calendar No. 305
104th Congress Report
SENATE
2d Session 104-203
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THE FALL RIVER VISITOR CENTER ACT OF 1995
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January 5 (legislative day, January 3), 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 629]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 629) to authorize the Secretary of the
Interior to participate in the operation of certain visitor
facilities associated with, but outside the boundaries of,
Rocky Mountain National Park in the State of Colorado, having
considered the same, reports favorably thereon with an
amendment and recommends that the Act, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED BOUNDARY OF ROCKY
MOUNTAIN NATIONAL PARK.
Visitor Center.--The Secretary of the Interior is authorized to
collect and expend donated funds and expend appropriated funds for the
operation and maintenance of a visitor center to be constructed for
visitors to and administration of Rocky Mountain National Park with
private funds on lands located outside the boundary of the park.
purpose of the measure
The purpose of H.R. 629 is to authorize the National Park
Service at Rocky Mountain National Park in Colorado to expend
appropriated and donated funds to participate in operating and
maintaining a visitor center near the park.
background and need
Rocky Mountain National Park is the number one tourist
attraction in the State of Colorado, with an annual visitation
of almost three million people. Nearly one million visitors
enter the park via the Fall River entrance each year. Use of
this entrance has greatly increased due to changing traffic
patterns in the town of Estes Park located adjacent to the
park. However, virtually no developed facilities exist to serve
the visitors at this entrance. As a result, many visitors
travel the entire distance through the park without the benefit
of basic information regarding the park and its resources.
The need for a visitor center was recognized in the 1988
Fall River Entrance Development Concept Plan, however little
progress was made until 1993, when a private landowner with
property adjacent to the park boundary approached the National
Park Service with a proposal. H.W. Stewart, Inc. offered to
build and maintain a visitor center on private property located
just outside the Fall River entrance. In conjunction with the
visitor center building, commercial buildings and uses would
also be developed on the site under the H.W. Stewart proposal.
National Park Service (NPS) staff completed a Conceptual
Planning Document for the project to aid in future planning on
behalf of the Park Service. A building of approximately 5,000
square feet was identified in the planning effort as
appropriate.
H.R. 629, would allow a partnership to be formed between
the National Park Service, the Shirley S. Scrogin Charitable
Trust, H.W. Stewart, Inc. and the Rocky Mountain National Park
Associates. The Scrogin Trust would provide $1.25 million
toward construction and an endowment for continued maintenance
and operation of the visitor center. H.W. Stewart, Inc. would
provide the property and operate a restaurant, gift shop,
lodge, and stable on its adjacent lands. The Rocky Mountain
National Park Associates is a non-profit group which has raised
$65,000 toward the furnishing and educational exhibits which
are estimated to cost $275,000. Annual operating costs of the
visitor center envisioned under the proposal are estimated to
be $100,000. The Scrogin Trust has pledged approximately
$30,000 per year with the balance to be funded from the Park
Service's operational budget.
legislative history
H.R. 629, introduced in the House by Congressman Allard,
passed the House of Representatives by voice vote on October
17, 1995. Senator Brown introduced companion legislation, S.
364, on February 7, 1995. The Subcommittee on Parks, Historic
Preservation, and Recreation held a hearing on H.R. 629 and S.
364 on November 9, 1995.
Similar legislation, S. 1250, was introduced by Senators
Brown and Campbell during the 103rd Congress. S. 1250 was
referred to the Committee, but no further action was taken in
the Senate.
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on December 21, 1995, by a unanimous vote of a
quorum present, recommends that the Senate pass H.R. 629, if
amended as described herein.
The roll call vote on reporting the measure was 20 yeas, 0
nays, as follows:
YEAS NAYS
Mr. Murkowski
Mr. Hatfield
Mr. Domenici
Mr. Nickels \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Jeffords \1\
Mr. Burns
Mr. Johnston \1\
Mr. Bumpers
Mr. Ford \1\
Mr. Bradley \1\
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan \1\
\1\ Indicates voted by proxy.
committee amendment
During the consideration of H.R. 629, the Committee adopted
an amendment in the nature of a substitute. The amendment
removes language identifying the parcel of land on which the
Fall River visitor center was to be constructed under the
original bill. The Committee intends that the Secretary of the
Interior allow interested parties to respond to a prospectus
for a visitor center to be constructed with private funds, on
private lands outside the boundary of Rocky Mountain National
Park.
summary of h.r. 629
H.R. 629 authorizes the Secretary of the Interior to
collect and expend donated funds and expend appropriated funds
to operate and maintain a visitor center to be constructed with
private funds on private lands outside the boundary of Rocky
Mountain National Park.
cost and budgetary considerations
The Committee on Energy and Natural Resources has requested
the estimate of costs from the Congressional Budget Office.
This estimate has not been received at the time the report on
H.R. 629 was filed. When this report becomes available, the
Chairman will request that it be printed in the Congressional
Record for the advice of the Senate.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 629. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 629, as ordered reported.
executive communications
The Committee on Energy and Natural Resources has requested
legislative reports from the Department of the Interior and the
Office of Management and Budget setting forth Executive agency
recommendations on H.R. 629. These reports had not been
received at the time the report on H.R. 629 was filed. When
these reports become available, the Chairman will request that
they be printed in the Congressional Record for the advice of
the Senate. The testimony provided by the Department of the
Interior at the November 9, 1995 hearing on H.R. 629 and S. 364
follows:
Testimony of Denis P. Galvin, Associate Director for Professional
Services, National Park Service, Department of the Interior
Mr. Chairman, it is a pleasure to be here today to discuss
several bills that will benefit Rocky Mountain National Park
and Walnut Canyon National Monument. I also am pleased to be
here to testify on a bill that would create the New Bedford
Whaling National Historical Park in New Bedford, Massachusetts.
The Administration supports S. 364, S. 509, S. 231, H.R.
562, and S. 608. Although we believe that S. 342 may have
merit, we prefer this legislation be deferred until further
study has been completed.
I will address each bill separately beginning with the
three bills affecting Rocky Mountain National Park.
rocky mountain national park
S. 364 and H.R. 629, the Fall River Visitor Center Act of 1995
The National Park Service supports S. 364. This bill meets
needs identified in plans for Rocky Mountain National Park by
complementing our efforts to develop facilities outside park
boundaries, and to develop partnerships with local economic
interests. We previously supported a companion bill, H.R. 629,
that passed the House on October 17, 1995.
S. 364, if enacted, would authorize the National Park
Service to spend funds on the operation and maintenance of a
visitor center facility just outside the boundary of Rocky
Mountain National Park, on lands zoned for such use. The land
and the visitor center building would be held by the Shirley S.
Scrogin Trust created for this specific purpose. The National
Park Service would enter into agreements to operate and
maintain the visitor center, assisted by the friends group and
cooperating association for Rocky Mountain National Park.
In order to fulfill its mission, the park needs to provide
appropriate facilities where park staff and volunteers can
offer orientation, interpretation of the park's resources, and
important park safety information to visitors. This proposal
will accomplish these needs using a combination of public and
private resources.
Rocky Mountain National Park is the number one tourist
attraction in the state of Colorado, with an annual visitation
of about 3 million. Records show total visitation has increased
approximately 2 percent annually over the last ten years, with
steady increases for each of the last five years. Approximately
1 million visitors enter the park via the Fall River entrance
each year--almost equal to the number of visitors entering at
what has been considered the park's main entrance at Beaver
Meadows. In the fall the number of visitors increases at Fall
River, primarily for wildlife viewing opportunities in this
section of the park.
Currently no facilities are available at the Fall River
entrance to meet basic visitor needs and no orientation is
provided about park resources and its environment. As a result,
many visitors travel through the park without benefit of
information related to important park resources and public use,
or safety.
The proposed operation would be a combined effort of the
National Park Service; the Rocky Mountain National Park
Associates, the park's friends group; Rocky Mountain Nature
Association, the park's cooperating association; H.W. Stewart,
Inc., a private corporation and owner of the land for the
proposed commercial development; and the Shirley S. Scrogin
Charitable Trust, a 501(c)3, tax-exempt, irrevocable charitable
trust. The responsibilities of the partners include
construction, operation, and maintenance of the visitor center.
The park's major role will be to operate and fund a portion
of the maintenance of the visitor center. The park will also
provide technical assistance and review of the construction of
the visitor center and other facilities built on the site.
The Shirley S. Scrogin Trust will fund the planning,
design, and construction of the visitor center estimated to
cost approximately $1 million. The Trust will hold the deed to
the visitor center property. The surrounding lands will remain
under their present ownership. The Rocky Mountain Nature
Association will continue its long-standing role of providing a
book sales operation and staff support for the center. The
Association has also agreed that revenue generated from book
sales in the new center will assist in defraying costs
associated with the visitor center's operation.
The Rocky Mountain National Park Associates will enter into
a twenty-year lease with the Shirley S. Scrogin Trust. Rocky
Mountain National Park will then coordinate with the Associates
on the operation of the center. The lease can be terminated
should the National Park Service determine that the uses and
operations taking place on the surrounding property are no
longer compatible with the mission and goals of Rocky Mountain
National Park. The Associates have also assumed the financial
expenses for exhibit planning, design and construction.
Benefits to Rocky Mountain National Park include increased
visitor awareness. Participation in this project would
eliminate the need to develop such facilities inside the
boundary of the park, which could have a negative impact on
both natural and cultural resources. A partnership to develop
the visitor center outside the park would eliminate the need
for federal construction dollars, protect valuable resources,
and at the same time preclude possible incompatible development
along a portion of the park boundary.
We estimate that the full-time operation of this facility,
seven days a week, between May and October and on certain
weekends and holidays during other months will cost about
$61,000 per year. The park intends to use existing staff and
operational funds to operate the center. Additional funds will
come from the Rocky Mountain Nature Association. However, we do
not know at this time what the exact NPS share will be until
the Nature Association is able to establish its level of annual
contribution toward operational costs. These details will be
the subject of a formal agreement before construction begins.
The current status of this proposal locally is that both
the Larimer County Planning Commission and the Larimer County
Commissioners have approved the project. The developer will
begin construction once Congress has provided NPS with the
authority to operate the center.
This proposal should not adversely affect existing
concessions operations in the park. Concessions would be
enhanced by the operation of a visitor facility at this
entrance. Visitors will be made aware of the a variety of
opportunities and facilities, both park and concession-run at
the beginning of their visit, instead of travelling through the
park without basic information about resources and facilities.
The planned development by H.W. Stewart, Inc., replaces
facilities that burned in 1992. The only changes would be the
addition of the visitor center, more lodging and an overall
improvement in the facility design. Certain incompatible uses
on nearby lands, such as a petting zoo and miniature train,
would be eliminated as part of the formal agreement. In
conclusion, this represents an outstanding opportunity for a
public/private partnership that saves taxpayers money,
preserves park resources, and satisfies a longstanding need to
serve nearly 1 million visitors annually.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 629, as
ordered reported.