[House Report 105-568]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-568
_______________________________________________________________________


 
                 CAPE COD NATIONAL SEASHORE AMENDMENTS

                                _______
                                

  June 5, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2411]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2411) to provide for a land exchange involving the Cape 
Cod National Seashore and to extend the authority for the Cape 
Cod National Seashore Advisory Commission, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill 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. CAPE COD NATIONAL SEASHORE.

  (a) Land Exchange and Boundary Adjustment.--Section 2 of Public Law 
87-126 (16 U.S.C. 459b-1) is amended--
          (1) by redesignating subsection (d) as subsection (e); and
          (2) by inserting after subsection (c) the following new 
        subsection:
  ``(d) The Secretary may convey to the town of Provincetown, 
Massachusetts, a parcel of real property consisting of approximately 
7.62 acres of Federal land within such area in exchange for 
approximately 11.157 acres of land outside of such area, as depicted on 
the map entitled `Cape Cod National Seashore Boundary Revision Map', 
dated May, 1997, and numbered 609/80,801, to allow for the 
establishment of a municipal facility to serve the town that is 
restricted to solid waste transfer and recycling facilities and for 
other municipal activities that are compatible with National Park 
Service laws and regulations. Upon completion of the exchange, the 
Secretary shall modify the boundary of the Cape Cod National Seashore 
to include the land that has been added.''.
  (b) Reauthorization of Advisory Commission.--Section 8(a) of such Act 
(16 U.S.C. 459b-7(a)) is amended by striking the second sentence and 
inserting the following new sentence: ``The Commission shall terminate 
September 26, 2008.''.

                          Purpose of the Bill

    The purpose of H.R. 2411 is to provide for a land exchange 
involving the Cape Cod National Seashore and to extend the 
authority for the Cape Cod National Seashore Advisory 
Commission.

                  Background and Need for Legislation

    Congress enacted legislation in 1961 establishing the Cape 
Cod National Seashore in Massachusetts (Public Law 87-126). 
H.R. 2411 addresses two longstanding local priorities that were 
not addressed in the original legislation: (1) authorization of 
a land exchange/boundary adjustment; and (2) extension of the 
Advisory Commission.
    For several years, officials from the Commonwealth of 
Massachusetts, the Town of Provincetown, Massachusetts, and the 
Cape Cod National Seashore have been working to resolve issues 
concerning a solid waste transfer station located within the 
boundaries of the National Seashore, but operated by 
Provincetown. A land exchange agreement has been reached which 
would transfer the 7.62-acre solid waste transfer site to 
Provinceton in exchange for 11.157 acres of undeveloped state 
land to the Seashore. However, Public Law 104-333 established a 
ceiling of $750,000 on the value of land that could be affected 
by an administrative boundary adjustment. Because the value of 
the land at issue at the Seashore exceeds this amount, ``minor 
boundary'' change authority cannot be used and the revision 
must be done through legislation.
    Provincetown would benefit from the land exchange by 
acquiring the transfer station site and an associated access 
road. The Park Service would benefit by gaining undeveloped 
land in place of land previously disturbed by waste disposal 
activities. In addition, the Park Service would be relieved of 
liability and management of the site, yet gain a means for 
disposing of solid waste generated by the National Seashore, 
via a shared use agreement.
    Prior to establishment of the Seashore, the 7.6-acre site 
was owned by the Commonwealth but used by Provincetown as a 
landfill and septic disposal area. When the lands were turned 
over to the Seashore, the Commonwealth placed deed restrictions 
obligating the federal government to provide a mutually 
agreeable site ``for dumping purposes.'' Until 1992, the Park 
Service affirmed this deed obligation by issuing special use 
permits allowing Provincetown to continue to use the site for 
solid waste and septic disposal.
    In 1992, Provincetown was ordered by the Commonwealth to 
close its septic lagoons, cap its landfill and build a new 
solid waste transfer station and recycling facility. The Park 
Service, concerned about future liabilities, contended that its 
obligations under the deed were fulfilled, and called on 
Provincetown to vacate the property. Provincetown objected and 
the Commonwealth supported its actions. This impasse delayed 
cleanup of the landfill and septic lagoons, as well as needed 
enhancements to the solid waste transfer station and recycling 
facility.
    In 1993, an agreement was reached that called for 
Provincetown to close its landfill and septic facilities, and 
outlined a series of steps to evaluate the 7.6-acre site for 
suitability as a permanent solid waste transfer station and 
recycling facility. It also obligated the National Seashore to 
turn this land over to Provincetown if future studies concluded 
that the site was an appropriate long-term site for a transfer 
station. At that time, provisions for a land exchange were 
contained in the original Seashore legislation; therefore, no 
additional Congressional action was necessary.
    Since then, Provincetown has spent $3 million to close and 
cap the landfill, and shut down the septic facilities. Federal, 
state and local officials have completed all necessary 
environmental studies, which determined that the site is 
suitable for a permanent transfer station/recycling facility.
    H.R. 2411 also extends the Cape Cod National Seashore 
Advisory Commission. The most recent statutory term of the 
Advisory Commission has expired. Its extension is strongly 
supported by local, state and federal officials, as well as the 
Park Service. Since the Seashore was created, the Commission 
has provided invaluable guidance to the Park Service and given 
local officials and community members a voice in the management 
of the Seashore. Although it has continued to function by 
administrative directive, a statutory authorization is 
preferable.

                            Committee Action

    H.R. 2411 was introduced on September 5, 1997, by 
Congressman William Delahunt (R-MA). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On November 6, 
1997, the Subcommittee met to consider H.R. 2411. An amendment 
in the nature of a substitute was offered by Subcommittee 
Chairman James V. Hansen (R-UT) and was adopted by voice vote. 
The amended version of H.R. 2411 was then ordered favorably 
reported to the Full Committee. On May 20, 1998, the Full 
Resources Committee met to consider H.R. 2411. No further 
amendments were offered and the bill was then ordered favorably 
reported, as amended, to the House of Representatives by voice 
vote.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Federal Advisory Committee Statement

    H.R. 2411 reauthorizes an existing advisory committee.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 2411.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2411. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2411 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2411.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2411 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2411, a bill to 
provide for a land exchange involving the Cape Cod National 
Seashore and to extend the authority for the Cape Cod National 
Seashore Advisory Commission.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Joanna 
Wilson and Deborah Reis.
            Sincerely,
                                 June E. O'Neill, Director.
    Enclosure.

H.R. 2411--A bill to provide for a land exchange involving the Cape Cod 
        National Seashore and to extend the authority for the Cape Cod 
        National Seashore Advisory Commission

    Based on information provided by the National Park Service, 
CBO estimates that implementing this bill would have no 
significant impact on the federal budget. H.R. 2411 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 2411 would provide for a land exchange at the Cape Cod 
National Seashore. Specifically, the bill would convey about 
eight acres of federal land to Provincetown, Massachusetts, in 
exchange for approximately 11 acres of land outside the park. 
The bill would modify the park boundary to include the added 
land. In addition, the bill would extend the life of the Cape 
Cod National Seashore Advisory Commission by 10 years to 
September 26, 2008. The commission provides guidance to the 
Park Service at a current annual cost of less than $5,000.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Joanna Wilson 
and Deborah Reis. This estimate was approved by Robert A. 
Sunshine, Deputy Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2411 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italics, existing law in which no change is proposed 
is shown in roman):

                         ACT OF AUGUST 7, 1961

AN ACT To provide for the establishment of Cape Cod National Seashore.

           *       *       *       *       *       *       *


  Sec. 2. (a) * * *

           *       *       *       *       *       *       *

  (d) The Secretary may convey to the town of Provincetown, 
Massachusetts, a parcel of real property consisting of 
approximately 7.62 acres of Federal land within such area in 
exchange for approximately 11.157 acres of land outside of such 
area, as depicted on the map entitled `Cape Cod National 
Seashore Boundary Revision Map', dated May, 1997, and numbered 
609/80,801, to allow for the establishment of a municipal 
facility to serve the town that is restricted to solid waste 
transfer and recycling facilities and for other municipal 
activities that are compatible with National Park Service laws 
and regulations. Upon completion of the exchange, the Secretary 
shall modify the boundary of the Cape Cod National Seashore to 
include the land that has been added.
  [(d)] (e) As used in this Act the term ``fair market value'' 
shall mean the fair market value as determined by the 
Secretary, who
may in his discretion base his determination on an independent 
appraisal obtained by him.

           *       *       *       *       *       *       *

  Sec. 8. (a) There is hereby established a Cape Cod National 
Seashore Advisory Commission (hereinafter referred to as the 
``Commission''). [Said Commission shall terminate 30 years 
after the date the seashore is established under section 3 of 
this Act.] The Commission shall terminate September 26, 2008.

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