[House Report 106-848]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-848

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



 
  REHABILITATION OF THE GOING-TO-THE-SUN ROAD IN GLACIER NATIONAL PARK

                                _______
                                

 September 14, 2000.--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. 4521]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4521) to direct the Secretary of the Interior to 
authorize and provide funding for rehabilitation of the Going-
to-the-Sun Road in Glacier National Park, to authorize funds 
for maintenance of utilities related to the Park, and for other 
purposes, 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 all after the enacting clause and insert the 
following:

SECTION 1. FINDINGS.

  Congress makes the following findings:
          (1) The historic significance of the 52-mile Going-to-the-Sun 
        Road is recognized by its listing on the National Register of 
        Historic Places in 1983, designation as a National Historic 
        Engineering Landmark by the American Society of Civil Engineers 
        in 1985, and designation as a National Historic Landmark in 
        1997.
          (2) A contracted engineering study and Federal Highway 
        Administration recommendations in 1997 of the Going-to-the-Sun 
        Road verified significant structural damage to the road that 
        has occurred since it opened in 1932.
          (3) Infrastructure at most of the developed areas is 
        inadequate for cold-season (fall, winter, and spring) 
        operation, and maintenance backlog needs exist for normal 
        summer operation.
          (4) The Many Glacier Hotel and Lake McDonald Lodge are on the 
        National Register of Historic Places and are National Historic 
        Landmarks. Other accommodations operated by the concessioner 
        with possessory interest and listed on the National Register of 
        Historic Places are the Rising Sun Motor Inn and Swiftcurrent 
        Motel.
          (5) The historic hotels in Glacier National Park, operated 
        under concession agreements with the National Park Service, are 
        essential for public use and enjoyment of the Park.
          (6) Public consumers deserve safe hotels in Glacier National 
        Park that can meet their basic needs and expectations.
          (7) The historic hotels in Glacier National Park are 
        significantly deteriorated and need substantial repair.
          (8) Repairs of the hotels in Glacier National Park have been 
        deferred for so long that, absent any changes to Federal law 
        and the availability of historic tax credits, the remodeling 
        costs for the hotels may exceed the capacity of an investor to 
        finance them solely out of hotel revenues.
          (9) The current season of operation for hotels is 
        approximately 4 months because the developed areas lack water, 
        sewer, and fire protection systems that can operate in freezing 
        conditions, lack building insulation, and lack heating systems.
          (10) The National Park Service Concessions Management 
        Improvement Act of 1998 is based upon sound principles and is 
        achieving its basic purposes, but there appear to be selected 
        instances where the National Park Service may need additional 
        authority to conduct demonstration projects.
          (11) A demonstration project is needed for the repair of the 
        historic hotels in Glacier National Park.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Going-to-the-Sun Road Citizens Advisory Committee.
          (2) Park.--The term ``Park'' means Glacier National Park.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. GOING-TO-THE-SUN ROAD STUDY.

  (a) Feasibility Study.--Not later than December 31, 2001, the 
Secretary, in consultation with Advisory Committee, shall complete a 
feasibility study for rehabilitation of Going-to-the-Sun Road located 
in the Park. The study shall include--
          (1) alternatives for rehabilitation of Going-to-the-Sun Road 
        and a ranking of the feasibility of each alternative;
          (2) an estimate of the length of time necessary to complete 
        each alternative;
          (3) a description of what mitigation efforts would be used to 
        preserve resources and minimize adverse economic effects of 
        each alternative;
          (4) an analysis of the costs and benefits of each 
        alternative;
          (5) an estimate of the cost of each alternative;
          (6) an analysis of the economic impact of each alternative;
          (7) an analysis of long-term maintenance needs, standards, 
        and schedules for the road, alternatives to accomplish the 
        rehabilitation, maintenance staff needs, and associated cost 
        estimates;
          (8) a draft of the environmental impact statement required 
        under section 102(2)(C) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)(C)); and
          (9) an analysis of improvements to any transportation system 
        relating to the Park that are needed inside or outside the 
        Park.
  (b) Continuation Maintenance.--Nothing in this section shall affect 
the duty of the Secretary to continue the program in effect on the day 
before the date of the enactment of this Act to preserve, maintain, and 
address safety concerns related to Going-to-the-Sun Road.
  (c) Implementation of Plan.--As soon as practicable after completing 
the study required by subsection (a), the Secretary shall--
          (1) consider the recommendations of the Advisory Committee;
          (2) choose an alternative for rehabilitation of the Going-to-
        the-Sun Road from the alternatives included in the study based 
        upon the final environmental impact statement required under 
        section 102(2)(C) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)(C)); and
          (3) begin implementation of a plan based on that choice.
Implementation actions that are authorized include rehabilitation of 
Going-to-the-Sun Road and expenditure of funds inside or outside the 
Park for transportation system improvements related to the Park and 
impact mitigation if recommended by the study and the Advisory 
Committee. The Secretary shall also seek funding for the long-term 
maintenance needs that the study identifies.
  (d) 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 
        Appropriations of the House of Representatives; and
          (2) the Committee on Energy and Natural Resources and the 
        Committee on Appropriations of the Senate.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 to the Secretary to carry out this section, 
including--
          (1) implementation of the plan under subsection (c); and
          (2) the cost of any necessary environmental or cultural 
        documentation and monitoring, including the draft environmental 
        impact statement required under subsection (a)(8).

SEC. 4. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS.

  (a) In General.--As soon as practicable after funds are made 
available under this section, the Secretary shall begin the upgrade and 
continue the maintenance of utility systems which service the Park and 
facilities related to the Park.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section, $20,000,000.

SEC. 5. VISITOR FACILITIES PLAN.

  (a) Plan for Visitor Facilities.--Not later than December 31, 2001, 
the Secretary shall complete a comprehensive plan for visitor 
facilities in the Park. The comprehensive plan shall include the 
following:
          (1) A completed commercial services plan, as called for in 
        the Park General Management Plan.
          (2) A plan for private financing of rehabilitation of lodging 
        facilities and associated property that are listed on the 
        National Register of Historic Places or are part of a district 
        listed on the National Register of Historic Places, which may 
        include historic tax credits, hotel revenue, and other 
        financing alternatives as deemed appropriate by the Secretary, 
        and which may include options such as extending the Park's 
        visitor season, additional visitor facilities, and other 
        options as deemed appropriate by the Secretary in order to 
        recover the rehabilitation costs.
          (3) A financial analysis of the plan under paragraph (2).
          (4) A plan by the Secretary to provide necessary assistance 
        to appropriate interested entities for the restoration or 
        comparable replacement of tour buses for use in the Park.
          (5) A plan for a new visitors center at the west side of the 
        Park, including an appropriate location and design for the 
        center and suitable housing and display facilities for museum 
        objects of the Park as set forth in the Park General Management 
        Plan, including 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.
          (6) A parkwide natural and cultural resources assessment, in 
        accordance with sections 203 and 204 of the National Parks 
        Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 
        3497), including a comprehensive inventory of resources of the 
        Park.
          (7) A description of any additional authority requested by 
        the Secretary to implement the comprehensive plan.
  (b) Submission of Plan.--The Secretary shall submit copies of the 
comprehensive plan to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate.
  (c) Implementation of Plan.--As soon as practicable after completion 
of the comprehensive plan, the Secretary shall implement the 
comprehensive plan, including construct the visitors center pursuant to 
the plan required by subsection (a)(5).
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $1,000,000 to complete the comprehensive 
plan.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4521 is to direct the Secretary of the 
Interior to authorize and provide funding for the 
rehabilitation of the Going-to-the-Sun Road in Glacier National 
Park, to authorize funds for maintenance of utilities related 
to the Park, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Going-to-the-Sun Road has been used by tourists to reach 
the interior of Glacier National Park since 1932. This 52-mile 
stretch of road contains many of the famous and cherished 
hotels that visitors use when they visit the Park. 
Unfortunately, significant damage has occurred to many of these 
buildings since they were opened, and the facilities, along 
with the road, are not equipped for cold-season operation, and 
maintenance backlogs for normal summer operations continue.
    Currently, the historic hotels in Glacier National Park, 
which are operated under concession agreements with the 
National Park Service, are in desperate need of repair. Due to 
the federal law governing concessioners as well as the 
availability of historic tax credits, the remodeling costs of 
the hotels are greater than the concessioners' revenue. Such 
remodeling repairs include the upgrading of fire, water, and 
sewer systems that can operate in freezing conditions, and the 
installation of building insulation or heating systems. The 
concessioners would need to finance the cost of those repairs 
by borrowing the remodeling expenses, and then repaying them. 
Because the projected costs of remodeling are so high, and the 
requirement that concession agreements cannot exceed 20 years, 
the concessioners are fiscally unable to remodel the hotels in 
the Park.
    H.R. 4521 authorizes the Secretary to conduct a study of 
the Going-to-the-Sun Road, to determine a plan which best suits 
the needs of the Park. The bill then authorizes the Secretary 
to implement the plan which best addresses the rehabilitation 
needs of Going-to-the-Sun Road, and the utility systems which 
service Glacier National Park. Finally, H.R. 4521 will also 
allow the Secretary to enter into competitive leases of 
property found in the Park, under which the lessee will be 
authorized to provide visitor services to the area. The 
Secretary may then determine criteria if visitor services are 
necessary and appropriate, and may allow the rates to be set 
high enough to allow investment in capital improvements.

                            COMMITTEE ACTION

    H.R. 4521 was introduced by Congressman Rick Hill (R-MT) on 
May 23, 2000. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On June 27, 2000, the 
Subcommittee held a hearing on the bill. On July 26, 2000, the 
Resources Committee met to consider the bill. The Subcommittee 
was discharged from further consideration of the bill by 
unanimous consent. An amendment in the nature of a substitute 
was offered by Mr. Hill. The amendment authorized a study of 
relaxing concessioner rules, so that repairs may be made to the 
many historic hotels and lodges within the Park. The amendment 
was adopted by voice vote. No further amendments were offered 
and the bill, as amended, was ordered favorably reported to the 
House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 7, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4521, a bill to 
direct the Secretary of the Interior to authorize and provide 
funding for rehabilitation of the Going-to-the-Sun Road in 
Glacier National Park and to authorize funding for maintenance 
of utilities related to the park, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4521--A bill to direct the Secretary of the Interior to authorize 
        and provide funding for rehabilitation of the Going-to-the-Sun 
        Road in Glacier National Park and to authorize funding for 
        maintenance of utilities related to the park, and for other 
        purposes

    Summary: Assuming appropriation of the necessary amounts, 
CBO estimates that implementing H.R. 4521 would cost the 
federal government $241 million over the next six years. The 
bill would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would not affect the 
budgets of state, local, or tribal governments.
    H.R. 4521 would direct the Secretary of the Interior to 
improve the infrastructure of Glacier National Park in Montana. 
Specifically, the bill would require the National Park Service 
(NPS) to (1) rehabilitate the Going-to-the-Sun Road, which 
provides access to the interior of the park; (2) upgrade the 
park's utilities, and (3) plan and develop visitor facilities, 
including a new visitor center at the west side. For these 
purposes, the bill would authorize the appropriation of $200 
million for road rehabilitation (including the cost of 
providing alternative transportation and assistance to local 
residents affected by this project), $20 million for utility 
upgrades, and $1 million for a comprehensive plan of visitor 
facilities.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4521 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level......................................       11       30       70       80       50
Estimated outlays..................................................        8       24       58       77       59
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: While the cost of implementing H.R. 4521 
would depend on the alternatives chosen by the NPS after it 
completes the various studies and plans required by the bill. 
CBO estimates that the agency would spend the $221 million 
authorized by the bill, plus an additional $20 million to 
construct new visitor facilities. The timing of these 
expenditures also would depend greatly on the alternatives 
chosen, particularly for road rehabilitation. This project, 
which would cost about $200 million, could be completed in four 
years (if the road is closed during construction) but could 
take as many as 12. For this estimate, we estimate that the NPS 
would choose a plan that would allow most of the work on the 
road, the utilities, and a new visitor center to be done over 
the next five years.
    Because all of these projects could be funded under 
existing authority (and are already being planned), some or all 
of these funds could be spent even in the absence of this 
legislation. This estimate is based on information provided by 
the NPS and assumes the appropriation of the necessary amounts.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4521 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
