[Senate Report 104-30]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 53
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-30
_______________________________________________________________________


 
              COLONIAL NATIONAL HISTORICAL PARK AMENDMENTS

                                _______


    April 7 (legislative day, April 5), 1995.--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 S. 115]
    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 115) to authorize the Secretary of the 
Interior to acquire and to convey certain lands or interests in 
lands to improve the management, protection, and administration 
of Colonial National Historical Park, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike section 1 in its entirety and insert the following:
SECTION 1. COLONIAL NATIONAL HISTORICAL PARK.

    (a) Transfer and Rights-of-Way.--The Secretary of the 
Interior (hereinafter in this Act referred to as the 
``Secretary'') is authorized to transfer, without 
reimbursement, to York County, Virginia, that portion of the 
existing sewage disposal system, including related improvements 
and structures, owned by the United States and located within 
the Colonial National Historical Park, together with such 
rights-of-way as are determined by the Secretary to be 
necessary to maintain and operate such system.
    (b) Repair and Rehabilitation of System.--The Secretary is 
authorized to enter into a cooperative agreement with York 
County, Virginia, under which the Secretary will pay a portion, 
not to exceed $110,000, of the costs of repair and 
rehabilitation of the sewage disposal system referred to in 
subsection (a).
    (c) Fees and Charges.--In consideration for the rights-of-
way granted under subsection (a), and in recognition of the 
National Park Service's contribution authorized under 
subsection (b), the cooperative agreement under subsection (b) 
shall provide for a reduction in, or the elimination of, the 
amounts charged to the National Park Service for its sewage 
disposal. The cooperative agreement shall also provide for 
minimizing the impact of the sewage disposal system on the park 
and its resources. Such system may not be enlarged or 
substantially altered without National Park Service 
concurrence.
                         purpose of the measure

    The purpose of S. 115, as ordered reported, is to authorize 
the Secretary of the Interior to acquire and to convey certain 
lands or interests in lands to improve the management, 
protection, and administration of Colonial National Historical 
Park in Virginia.

                          background and need

    Colonial National Historical Park consists of Jamestown, 
site of the 1607 English colony, Yorktown, site of the British 
surrender that marked the end of the American Revolution, and 
the 23-mile long Colonial Parkway that links these two sites 
and Colonial Williamsburg. The Colonial Parkway, built in the 
1930's, wends through the Virginia tidewater and provides a 
scenic route designed to enhance the visitors' experience and 
to highlight the natural surroundings the early colonists 
found.
    In most areas of the Colonial Parkway, the National Park 
Service owns a 500-foot corridor, 250 feet from the centerline. 
In one area, the corridor is only 200 feet, which until 
recently has not threatened the parkway's integrity. The owner 
of the land wants to develop the land as 19 house sites which 
would abut the parkway and damage its visual integrity. The 
land in question was identified for acquisition in the park's 
General Management Plan, and although the owner has sought to 
sell the property to the park, development is now beginning.
    In 1948 and 1956, Congress directed the National Park 
Service to design and construct two sewer systems, in Yorktown 
and to the Moore House, part of Colonial National Park. The 
1948 law directed that a ``fair and reasonable proportionate 
share of the cost of construction and of the annual costs 
incidental to its maintenance and operation'' be charged to the 
private owners. The 1956 Departmental Views justified the 
action because of the increased needs and ``extenuating 
circumstances'' associated with the 350th anniversary 
celebration of the founding of Jamestown but stated ``this 
Department is reluctant to become further involved in the 
operation and maintenance of public utilities in the Yorktown 
area.'' The National Park Service constructed and operated the 
two lines until 1986 when maintenance (and user fees) were 
transferred to York County. There are 36 private residences on 
the Moore House sewer line. York County estimates that 
rehabilitation of the line would cost $203,000 and has passed a 
resolution that it would not accept the line without such 
rehabilitation.

                          legislative history

    S. 115 was introduced by Senator Warner and Senator Robb on 
January 4, 1995. Companion legislation was introduced in the 
House of Representatives on January 11, 1995.
    In the 103rd Congress, Senator Warner introduced a similar 
measure, S. 1278. A similar provision was included in H.R. 
3252, a comprehensive bill on parks, rivers, trails and 
historic sites, which passed the House on October 17, 1993. The 
Subcommittee on Public Lands, National Parks and Forests held a 
hearing on H.R. 3252 on May 19, 1994. At the business meeting 
on September 21, 1994, the Committee on Energy and Natural 
Resources ordered H.R. 3252 to be favorably reported. No 
further action was taken in the Senate.
    At the business meeting on March 15, 1995, the Committee on 
Energy and Natural Resources ordered S. 115, as amended, 
favorably reported.
           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on March 15, 1995, by a majority vote of a 
quorum present, recommends that the Senate pass S. 115, if 
amended as described herein.
    The rollcall vote on reporting the measure was 13 yeas, 3 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski                       Mr. Thomas
Mr. Hatfield \1\                    Mr. Grams
Mr. Domenici                        Mr. Burns
Mr. Craig
Mr. Campbell
Mr. Jeffords \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone

    \1\ Indicates voted by proxy.

                          committee amendment

    During the consideration of S. 115, the Committee adopted 
an amendment to section 1. The amendment authorizes the 
Secretary of the Interior to transfer, without reimbursement, 
to York County, the portion of the sewage disposal system 
located within Colonial National Historical Park, together with 
such rights-of-way necessary to maintain and operate the 
system.

                      section-by-section analysis

    Section 1(a) authorizes the Secretary of the Interior (the 
``Secretary'') to transfer, without reimbursement, to York 
County, Virginia, that portion of the existing sewage disposal 
system, including related improvements and structures, owned by 
the United States and located within the park, and such rights-
of-way necessary to maintain and operate the system.
    Subsection (b) authorizes the Secretary to enter into a 
cooperative agreement with York County under which the 
Secretary will pay no more than $110,000 toward the costs of 
repair and rehabilitation of the sewage disposal system.
    Subsection (c) provides for a reduction in, or elimination 
of, the amounts charged to the National Park Service for its 
sewage disposal by York County and requires National Park 
Service concurrence on plans to enlarge or alter the sewage 
disposal system.
    Section 2 authorizes the Secretary to include within the 
boundaries of the park and to acquire by donated or 
appropriated funds, donation, or exchange, the lands or 
interests in lands described in lots 30-48, the portion of lot 
49 that is 200 feet in width from the park's existing boundary, 
a 3.2-acre archaeological site as shown on National Park 
Service Drawing 333.80031, and all or part of lot 11 of the 
Neck O Land Hundred Subdivision.
    Section 3 authorizes the appropriation of funds necessary 
to carry out the Act.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 27, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 115, a bill to authorize the Secretary of the 
Interior to acquire and to convey certain lands or interests in 
lands to improve the management, protection, and administration 
of Colonial National Historical Park, and for other purposes. 
S. 115 was ordered reported by the Senate Committee on Energy 
and Natural Resources on March 15, 1995. Assuming appropriation 
of the necessary amounts, we estimate that implementing this 
bill would cost the federal government about $1.1 million over 
the next two fiscal years. Enacting S. 115 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    Section 1 of S. 115 would authorize the Secretary of the 
Interior to transfer to York County, Virginia, a portion of a 
sewage disposal system located within the Colonial National 
Historical Park. The sewage system, related improvements and 
structures, and any necessary rights-of-way would be conveyed 
to the county without reimbursement. In addition, the bill 
would authorize the Secretary to execute a cooperative 
agreement with the county providing for: (1) a federal 
contribution of up to $110,000 towards repair and 
rehabilitation of the system, and (2) a reduction in the sewage 
disposal fees paid by the park.
    Section 2 would authorize the National Park Service (NPS) 
to include within the park's existing boundaries an additional 
strip of land adjacent to the Colonial Parkway corridor. The 
NPS could acquire the approximately 22 acres of land (and 
related improvements and/or interests) within the new area by 
purchase, donation, or exchange.
    Finally, the bill would authorize the appropriation of 
whatever sums are necessary to carry out these activities.
    CBO estimates that the Park Service would pay York County 
$110,000 over the next one or two years for rehabilitation of 
the Moore House sewer line. (This amount represents 
approximately one-half of the total cost of the project, to be 
carried out by the county once it receives the federal funds 
and property.) The agency would spend an additional $1 million 
over the same period to purchase between 20 and 22 acres of 
land along the Colonial Parkway. For purposes of these 
estimates, CBO has assumed that S. 115 will be enacted during 
fiscal year 1995 and that the necessary funds for sewer line 
repair and land acquisition will be appropriated. Estimated 
authorization levels and outlays are based on information 
provided by the National Park Service, York County, and local 
conservation groups.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule of the Standing 
Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 115. The Act 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 S. 115, as ordered reported.

                        executive communications

    On March 21, the Committee on Energy and Natural Resources 
requested legislative reports from the Department of the 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on S. 115. These reports had 
not been received at the time the report on S. 115 was filed. 
When these reports becomes available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of Standing 
Rules of the Senate, the Committee notes that no changes in 
existing law are made by the bill S. 115, as ordered reported.