[Senate Report 106-376]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 754
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-376

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



 
  GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT ACT OF 2000

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2051]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2051) to revise the boundaries of the 
Golden Gate National Recreation Area, 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 out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Golden Gate National Recreation Area 
Boundary Adjustment Act of 2000''.

SEC. 2. ADDITIONS TO THE GOLDEN GATE NATIONAL RECREATION AREA.

    Section 2(a) of the Act entitled ``An Act to establish the Golden 
Gate National Recreation Area in the State of California, and for other 
purposes'' (16 U.S.C. 460bb-1(a)) is amended by adding at the end the 
following: The recreation area shall also include the land, which may 
only be acquired from willing sellers, generally depicted on the map 
entitled ``Additions to Golden Gate National Recreation Area'', 
numbered NPS-80,076, and dated July 2000/PWR-PLRPC.

                         Purpose of the Measure

    The purpose of S. 2051 is to revise the authorized 
boundaries of Golden Gate National Recreation Area in the State 
of California to include approximately 1,216 acres of land.

                          Background and Need

    Golden Gate National Recreation Area was established in 
1972 to protect important natural and cultural resources in the 
San Francisco Bay area. The park is located in the city of San 
Francisco and Marin and San Mateo counties, encompassing 76,000 
acres of land and water.
    A congressionally authorized boundary study of the park in 
1998 identified 15 tracts of land totaling 1,057 acres of lands 
in San Mateo County that would be logical additions to the 
park. Addition of these lands would establish a boundary that 
is more logical, recognizable, and easier to manage than the 
existing configuration, and would preserve significant natural, 
scenic, and recreational resources.
    In addition, 3 parcels of land totaling 157 acres in Marin 
County have been identified for possible inclusion in the park. 
Although privately owned, the properties and their ridgetop 
trails have been used by the public for decades as a place to 
enjoy scenic views of San Francisco Bay and to access nearby 
areas of Golden Gate National Recreation Area. The lands 
contain resources of the same quality as adjacent parklands, 
but are currently threatened with development. The Marin County 
Open Space District in partnership with the Trust for Public 
Land and the Marin Community Foundation have purchased the 
largest of the three parcels, and there is substantial local 
support for inclusion of the lands within the park.
    Finally, two properties totaling approximately 3 acres in 
the city of San Francisco have been proposed for addition to 
the park. One would help to protect Lobos Creek, which serves 
as the primary source of drinking water for the Presidio, and 
the other would resolve a confusing situation with regard to a 
1.6-acre tract that is surrounded by the park, but which the 
Park Service is prohibited from acquiring. The Lobos Creek 
property has been acquired by the city of San Francisco and 
cleared of all development, and there is strong local interest 
in adding the land to the park. Adjacent landowners and the 
American Land Conservancy have expressed an interest in 
acquiring the property and donating it to the park. The 1.6 
acre tract at the base of Sutro Heights Park has been acquired 
by the city of San Francisco, which has expressed an interest 
in donating it to the park. The National Park Service is unable 
to acquire the property, however, because language in the 1980 
legislation that expanded the park boundary prohibited 
acquisition of the tract. The language was intended to 
facilitate a development proposal that never occurred, and no 
purpose is now served by the prohibition.
    S. 2051 addresses the issues described above by authorizing 
the inclusion of the lands within the park's boundary and 
allowing for their acquisition from willing sellers.

                          Legislative History

    S. 2051 was introduced by Senators Feinstein and Boxer on 
February 10, 2000. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 2051 on June 
29, 2000. At the business meeting on July 13, 2000, the 
Committee on Energy and Natural Resources ordered S. 2051 
favorably reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 13, 2000, by a majority vote of a 
quorum present, recommends that the Senate pass S. 2051, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 2051, the Committee adopted 
a substitute amendment to clarify the language concerning 
willing sellers.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title.
    Section 2 amends the law which established Golden Gate 
National Recreational Area (16 U.S.C. 460bb-1(a)) to include 
lands depicted on the specified map reference. The lands may 
only be acquired from willing sellers.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 21, 2000.
Hon. Frank M. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2051, the Golden 
Gate National Recreation Area Boundary Adjustment Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2051--Golden Gate National Recreation Area Boundary Adjustment Act 
        of 2000

    S. 2051 would expand the boundaries of the Golden Gate 
National Recreation Area to include about 1,200 acres of land 
in three California counties. Assuming appropriation of the 
necessary amounts, CBO estimates that the National Park Service 
(NPS) would spend $17.5 million over the next five years to 
implement the bill. Of this amount, $16 million would be used 
to purchase about 525 acres of land (the rest of the acreage is 
expected to be donated to the government by either nonprofit 
organizations or local governments). The remaining $1.5 million 
would be used to restore and develop the new lands for 
recreational purposes. Once all lands have been acquired, the 
NPS would incur additional operating expenses of about $1.2 
million annually.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 2051 
contains no private-sector or intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      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 S. 2051. 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 S. 2051, as ordered reported.

                        Executive Communications

    Legislative reports from the Department of the Interior and 
the Office of Management and Budget setting forth Executive 
agency recommendations on S. 2051 had not been received at the 
time the report on S. 2051 was filed. When the 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 National Park Service at the 
Subcommittee hearing follows:

Statement of Jacqueline Lowey, Deputy Director, National Park Service, 
                       Department of the Interior

    Thank you for the opportunity to present the position of 
the Department of the Interior on S. 2051, a bill to revise the 
boundaries of the Golden Gate National Recreation Area. The 
Department of the Interior supports this bill with amendments 
discussed in this testimony.
    The Golden Gate National Recreation Area (GGNRA) was 
created in 1972 to protect important and natural and cultural 
resources in the San Francisco Area. The park is located in 
three California counties, San Francisco, Marin, and San Mateo, 
and is one of the largest urban national parks in the world, 
encompassing 76,500 acres of land and water. Its size is 
reflective of the quantity and quality of natural and cultural 
resources that exist in the San Francisco area. Congress 
created this park in 1972 to ensure that people in the 
primarily urban Bay Area would only be minutes away from 
experiencing the values of these splendid resources.
    S. 2051 would expand the boundaries of the Golden Gate 
National Recreation Area by adding 20 parcels of land totaling 
1,216 acres. Most of this land, over 1,057 acres, is located in 
San Mateo County. Approximately 157 acres of this land are in 
Marin County, and approximately 3 acres are located in San 
Francisco.
    We anticipate that a significant number of these tracts 
would be acquired by donation, representing more than one half 
of their estimated value. Funding for the purchase of other 
tracts would be subject to the availability of appropriations 
and NPS priorities. These proposals are intended to correct 
imperfections in the park's original boundaries and do not 
represent significant new management obligations. The addition 
of this land will contribute to the purpose for which the park 
was created and will help the park's staff to more effectively 
carry out their responsibilities as defined by approved plans 
and policies.


                            san mateo county


    The San Mateo County additions are proposed in accordance 
with a 1998 boundary study that was authorized by an act of 
Congress. The study found that 15 tracts of land, ranging in 
size from a few acres up to several hundred acres, and totaling 
1,057 acres, met the criteria established by the NPS for 
additions of lands to units of the National Park System. The 
additions will preserve significant natural and scenic 
resources and provide additional recreational opportunities. A 
boundary that is more logical, recognizable and easier to 
manage will be established.
    These lands are logical additions to the San Mateo County 
portion of GGNRA. This part of the park, south of San 
Francisco, has a varied topography, consisting of magnificent 
coastal bluffs, with ridges that run inland to steep canyons. 
In several locations, the park's boundary in San Mateo runs 
along a ridge line, just inland from the coast. Most of the 
lands that would be added to the park are contiguous to this 
boundary, and in several places would link the hills within the 
park to the coast, enhancing recreational opportunities for 
park visitors, and protecting important resources.
    While most of the land is contiguous to existing park land, 
these additional parcels are not all contiguous to one another. 
One of the parcels to be added is at San Pedro Point, at the 
southern end of the San Mateo portion of GGNRA, several of the 
parcels are adjacent to Mori Ridge and Sweeny Ridge, in the 
central part of the San Mateo portion of GGNRA, and some 
parcels are adjacent to Milagra Ridge, in the northern part of 
the San Mateo portion of GGNRA.
    In studying these and other potential boundary adjustments, 
the National Park Service applies criteria that include an 
evaluation of whether the added lands will be feasible to 
administer considering size, configuration, ownership, costs, 
and other factors. In the case of these San Mateo properties, 
the tracts appear on a map to be a ``patchwork'' rather than a 
neatly drawn line. However, the NPS boundary study confirmed 
that these lands were feasible for us to administer and that 
their configuration was based on careful consideration of 
topographic features. The lines for the proposed additions also 
were drawn to exclude areas that were already developed and 
include the remnant open spaces that were consistent with the 
purposes of the park. Parks such as Santa Monica Mountains 
National Recreation Area, Gateway National Recreation Area, and 
Chattahoochie River National Recreation Area have boundaries 
that were developed as a result of similar considerations.
    The Pacifica City Council passed a resolution in 1998 
endorsing the addition of these lands to the park. Numerous 
community groups also support the permanent protection of these 
natural areas.


                              marin county


    Marin County is located north of the city of San Francisco. 
The land to be added to GGNRA in Marin County consists of three 
parcels, totaling 157 acres. This land is now threatened with 
development, which county officials have acted vigorously to 
avert. The proposal to add these lands to the park was 
initiated by the President of the Marin County board of 
Supervisors. A draft feasibility study has determined that this 
land meets the criteria for inclusion into the park. The draft 
study is presently in the administrative review process.
    The draft study states that this land exhibits resources of 
the same quality as adjacent parklands and currently separates 
the park from Marin City, one of the few ethnically and 
racially diverse communities in the county. This land is within 
easy walking distance of a federally owned public housing 
development. Not only would this addition reduce the visual and 
physical threat of urban encroachment and improve non-
automobile access to the park, but it will also significantly 
enhance the potential to fulfill the park's mandate to serve 
under-represented populations. To further the goal of adding 
these lands to the park, the Marin County Open Space District 
in partnership with the Trust for Public Land and the Marin 
Community Foundation purchased the largest of the three parcels 
(94 acres) in October of 1999 for $2.35 million. The smallest 
parcel (10.71 acres) was recently sold, and has been under the 
threat of residential development. The remaining 52-acre parcel 
is on the market.


                             san francisco


    The language of the 1980 legislation that expanded the park 
boundary near the Cliff House in San Francisco prohibited the 
Park Service from acquiring a 1.6-acre parcel at the base of 
historic Sutro Heights Park. This created a confusing situation 
because the revised boundary clearly surrounded the prohibited 
tract. Conceived during the legislative process to facilitate a 
development proposal that never happened, this prohibition is 
obsolete. The City of San Francisco now owns the property and 
has expressed the desire to donate it to the National Park 
Service. We are asking that the prohibition be rescinded to 
allow the Park Service to accept the property. Doing so will 
permanently protect the visual integrity of one of the park's 
most popular ocean viewpoints.
    The other San Francisco property covered by this bill is 
located at the southwest corner of the Presidio of San 
Francisco. During a 1997 storm event, a major sewer failure 
caused the total collapse of a residence Lobos Creek. The 
property has been acquired by the City of San Francisco and 
cleared of all development. Adjacent landowners and the 
American Land Conservancy have expressed an interest in 
acquiring the property and donating it to the park. Strong 
local sentiment has been expressed against rebuilding on the 
property and in favor of adding it to the park. This proposed 
addition is a rare opportunity to increase our ability to 
protect and enhance Lobos Creek. The creek is a unique 
ecological resource as well as the primary source of drinking 
water for the Presidio. Residential development borders this 
bank of Lobos Creek and any opportunity to lessen this 
encroachment should be seized. S. 2051 would bring this 
property within the boundary of the park.


                               amendments


    The final sentence of S. 2051 states ``All transactions 
concerning the Golden Gate National Recreation Area shall 
involve willing sellers and willing buyers.'' We believe this 
sentence should either be deleted or amended. While the 
National Park Service has no intention or desire to compel the 
sale of property, we believe it is important to have this 
authority available, as it can be used for the benefit of a 
landowner, such as in matters of clearing up title to a 
property, and for tax purposes. In any event, if this language 
is to remain in the bill, it needs to be amended to ensure that 
it does not affect other aspects of operations at GGNRA. As 
written, the language would apply to ``all transactions'' at 
GGNRA, not just property sales. If implemented, this language 
could have an effect on concessions contracts, Memorandums of 
Understanding, and other transactions entered into by the 
National Park Service, to further the mission of GGNRA. As this 
result is clearly not intended, we propose amending the 
language of the bill by deleting the final sentence, and 
inserting after the word ``land'' on page 2, line 2, the 
clause: ``which may only be acquired from willing sellers, 
as''. The resulting amendment would read ``The recreation area 
shall also include the land, which may only be acquired from 
willing sellers, as generally depicted on the map entitled 
`Additions to Golden Gate National Recreation Area', numbered 
NPS-80,073 and dated January, 2000/PWR-PLRPC.''
    This concludes my testimony. I would be happy to answer any 
of your questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 134, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 92-589


  AN ACT To establish the Golden Gate National Recreation Area in the 
State of California, and for other purposes

           *       *       *       *       *       *       *


                       composition and boundaries

    Sec. 2. (a) The recreation area shall comprise the lands, 
waters, and submerged lands generally depicted on the map 
entitled: ``Revised Boundary Map, Golden Gate National 
Recreation Area'', numbered NRA-GG-80,003-K and dated October 
1978, plus those areas depicted on the map entitled ``Point 
Reyes and GGNRA Amendments and dated October 25, 1979''. The 
authority of the Secretary to acquire lands in the tract known 
as San Francisco Assessor's Block number 1592 shall be limited 
to an area of not more than one and nine-tenths acres. 
Notwithstanding any other provision of this subchapter, the 
Secretary shall not acquire the Marin County Assessor's parcels 
numbered 199-181-01, 199-181-06, 199-181-08, 199-181-13, and 
199-181-14, located in the Muir Beach portion of the recreation 
area. For the purposes of this subchapter, the southern end of 
the town of Marshall shall be considered to be the Marshall 
Boat Works. The following additional lands are also hereby 
included within the boundaries of the recreation area: Marin 
County Assessor's parcel numbered 119-040-04, 119-040-05, 119-
040-18, 166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-
010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03, 119-
240-51, 119-240-52, 119-240-54, 166-010-12, 166-010-13, and 
119-235-10. The recreation area shall also include the lands 
and waters in San Mateo County generally depicted on the map 
entitled ``Sweeney Ridge Addition, Golden Gate National 
Recreation Area'', numbered NRA GG-80,000-A, and dated May 
1980. The recreation area shall also include those lands 
acquired pursuant to the Golden Gate National Recreation Area 
Addition Act of 1992. The recreation area shall also include 
the land, which may only be acquired from willing sellers, 
generally depicted on the map entitled ``Additions to Golden 
Gate National Recreation Area'', number NPS-80,076, and dated 
July 2000/PWR-PLRPC.

           *       *       *       *       *       *       *


                                  
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