[Senate Report 106-455]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 901
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-455

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 INTERPRETIVE CENTER AND MUSEUM IN THE VICINITY OF THE DIAMOND VALLEY 
                      LAKE IN SOUTHERN CALIFORNIA

                                _______
                                

October 2 (legislative day, September 22), 2000.--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. 2977]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2977) to assist in the establishment of 
an interpretive center and museum in the vicinity of the 
Diamond Valley Lake in southern California to ensure the 
protection and interpretation of the paleontology discoveries 
made at the lake and to develop a trail system for the lake for 
use by pedestrians and non motorized vehicles, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                         PURPOSE OF THE MEASURE

    The purpose of S. 2977 is to authorize the Secretary of the 
Interior to assist in the design, construction and operation of 
an interpretive center and museum in the vicinity of the 
Diamond Valley Lake in southern California to ensure the 
protection and interpretation of the paleontological 
discoveries made at the lake and to develop a trail system for 
the lake for use by pedestrians and nonmotorized vehicles.

                          BACKGROUND AND NEED

    The Diamond Valley Lake facility, near Hemet, California, 
was constructed by the Metropolitan Water District (MWD) of 
Southern California to provide drinking water to the 17 million 
people of southern California. In accordance with State law, 
MWD performed substantial environmental and cultural resources 
preservation prior to and during construction of the Diamond 
Lake facility. During the excavation and construction of the 
project, significant paleontological and archeological 
resources were uncovered. Hundreds of thousands of prehistoric 
and historic artifacts were discovered, including dozens of 
habitation sites, milling stations, three complex village 
sites, petroglyphs, pictographs, and stone and bone tools. The 
paleontological resources include a mastodon skeleton, a 
mammoth skeleton, a 7-foot long tusk, and bones from the horned 
bison and North American Lion.
    To mitigate for the impacts to plant and animal habitats, 
MWD acquired extensive lands surrounding the new reservoir to 
preserve some of the finest natural settings remaining in 
southern California. These lands are now available for public 
recreational use, including a system of non-motorized trails.
    MWD and its partners, including the State of California, 
have proposed the establishment of a museum and cultural and 
educational facility to provide for the long term care and 
interpretation of the significant paleontological and 
archeological resources found around Diamond Lake and seek a 
partnership with the Federal Government to establish the museum 
facility and trail system around the lake.
    S. 2977 directs the Secretary of the Interior to enter into 
an agreement for the purposes of sharing costs incurred to 
design, construct, furnish and operate an interpretive center 
and museum on land under the jurisdiction of the MWD to 
preserve, display, and interpret the paleontological 
discoveries made at and in the vicinity of Diamond Valley Lake. 
The bill also directs the Secretary to enter into agreements 
with State and local public agencies to share costs to design, 
construct and maintain a system of trails around the perimeter 
of the Diamond Valley Lake for use by pedestrians and non-
motorized vehicles.
    Estimated costs for the trail system are $16 million and 
$40 million for the center. MWD and its partners desire Federal 
involvement in the project consistent with section 2 of the 
National Historic Preservation Act, which establishes the 
policy of the Federal Government, entering into partnerships 
with the States, local governments, Indian tribes, and private 
organizations to contribute to the preservation of nonfederally 
owned historic and prehistoric resources. Additionally, MWD 
proposes to make the center available to Federal agencies to 
house collections of Federal archeological collections.
    The legislation is needed to ensure these important 
artifacts are appropriately made available for scientific study 
and public education and to enable the public to fully enjoy 
the lands made available on MWD property for recreational use. 
Without the assistance, cooperation and support of the Federal 
Government, the value of these significant historic and pre-
historic resources to students, scientists, visitors and the 
American public would be significantly diminished and the 
opportunity for these lands to contribute to the region's 
growing demand for outdoor recreation would be seriously 
reduced.

                          Legislative History

    S. 2977 was introduced on July 27, 2000 by Senator 
Feinstein and referred to the Committee on Energy on Natural 
Resources. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 2977 on September 13, 2000. At 
the business meeting on September 20, 2000 the Committee on 
Energy and Natural Resources ordered S. 2977 favorably 
reported.

                       Committee Recommendations

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 20, 2000, by a voice vote of 
a quorum present, recommends that the Senate pass S. 2977.

                      Section-By-Section Analysis

    Section 1(a) directs the Secretary of Interior to enter 
into agreements with appropriate entities to share in the costs 
incurred to design, construct, furnish and operate an 
interpretive center and museum on land of the Metropolitan 
Water District of Southern California in the vicinity of 
Diamond Valley Lake near Hemet, California to preserve and 
interpret paleontological discoveries.
    Subsection 1(b) directs the Secretary to enter into 
agreements with the State of California and others to share in 
the costs to design, construct and maintain a system of trails 
around the perimeter of the Diamond Valley Lake.
    Subsection 1(c) directs the Secretary to require the 
parties to these agreements to secure funds from non-Federal 
sources that is at least equal to the amount provided by the 
Secretary.
    Subsection 1(d) requires the Secretary to enter into the 
agreements no later than 180 days after the date on which funds 
are made available to carry out the provisions of the Act.
    Subsection 1(e) authorizes $14,000,000 to be appropriated 
to carry out this Act.

                   Cost And Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 28, 2000.
 Hon. Frank H. 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. 2977, a bill to 
assist in the establishment of an interpretive center and 
museum in the vicinity of the Diamond Valley Lake in southern 
California to ensure the protection and interpretation of the 
paleontology discoveries made at the lake and to develop a 
trail system for the lake for use by pedestrians and 
nonmotorized vehicles.
     If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for federal costs) and Victoria Heid Hall (for the 
state and local costs).
             Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
     Enclosure.

 S. 2977--A bill to assist in the establishment of an interpretive 
        center and museum in the vicinity of the Diamond Valley Lake in 
        southern California to ensure the protection and interpretation 
        of the paleontology discoveries made at the lake and to develop 
        a trail system for the lake for use by pedestrians and 
        nonmotorized vehicles

     CBO estimates that implementing S. 2977 would cost $14 
million over the 2001-2005 period, assuming appropriation of 
the authorized amounts. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. S. 2977 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act.
     S. 2977 would authorize the appropriation of up to $14 
million for the federal government's share of the costs of 
establishing and operating an interpretive center, museum, and 
trail system on nonfederal lands near Diamond Valley Lake, 
California. Under the bill, any federal funds provided for the 
projects must be matched with funds from nonfederal sources, 
which may include the state of California and local governments 
in the state. Such spending would be voluntary on the part of 
those governments. The bill would have no other significant 
impact on the budgets of state, local, or tribal governments.
     According to the Bureau of Land Management, federal 
assistance provided under S. 2977 would take the form of grants 
to a local museum foundation and a local water district in the 
amounts estimated to be necessary for the proposed projects 
each year. Based on information from the water district, CBO 
estimates that outlays for those grants would total about $1 
million in 2002, $3 million in 2003, $5 million in 2004, and $5 
million in 2005, assuming appropriation of the necessary 
amounts.
     On September 28, 2000, CBO transmitted a cost estimate for 
H.R. 4187. similar legislation ordered reported by the House 
Committee on Resources on September 20, 2000. The two bills are 
very similar, and our cost estimates are the same.
     The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs), and Victoria Heid Hall (for the state and 
local costs). This estimate was approved by Robert A. Sunshine, 
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. 2977. 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. 2977, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On September 20, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of management and Budget setting forth 
executive views on the bill. These reports had not been 
received at the time the report on S. 2977 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 Department of Interior at the 
Subcommittee hearing follows:

              Statement of the Department of the Interior

    This statement for the Record sets forth the views of the 
Department of the Interior regarding S. 2977, a bill to assist 
in the establishment of an interpretive center and museum in 
the vicinity of the Diamond Valley Lake in southern California 
to ensure the protection and interpretation of the paleontology 
discoveries made at the lake and to develop a trail system for 
the lake for use by pedestrians and non-motorized vehicles.
    The Department of the Interior does not support S. 2977.
    S. 2977 requires the Secretary of the Interior to enter 
into an agreement with an appropriate entity for the purpose of 
sharing costs incurred in the design, construction, furnishing 
and operation of an interpretive center and a museum on lands 
under the jurisdiction of the Metropolitan Water District of 
Southern California. The intent of the center and museum is to 
preserve, display, and interpret the paleontology discoveries 
made at an in the vicinity of the Diamond Valley Lake, near 
Hemet, California. In addition, the Secretary is required under 
the bill to enter into an agreement with the State of 
California, or a combination of State and local entities, to 
design, construct, and maintain a system of trails around the 
perimeter of the Diamond Valley Lake for use by pedestrians and 
non-motorized vehicles. Finally, while authorizing 
appropriations not to exceed $14 million, the bill states that 
the Secretary shall require other parties to these agreements 
to secure funds from non-Federal sources that is at least equal 
to the amount provided by the Secretary.
    The Department has no Federal lands at Diamond Valley Lake. 
There is no Federal connection, nor any compelling Federal 
interest or mission to be served or advanced by requiring the 
Department to participate in the design, construction, 
furnishing or operation of the proposed interpretive center and 
museum.
    The Department does not support the addition of funds for 
any program or project that would result in the reduction in 
funding for other programs or projects in the President's 
budget. In addition, the Department does not support the 
addition of funds for any program or project that is non-
Federal.

                        CHANGES IN EXISTING LAW

    In accordance 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 S. 2977, as ordered 
reported.