[Senate Report 106-455] [From the U.S. Government Publishing Office] Calendar No. 901 106th Congress Report SENATE 2d Session 106-455 ====================================================================== 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.