[Senate Report 106-68]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 138
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-68

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



 
            GATEWAY VISITOR CENTER AUTHORIZATION ACT OF 1999

                                _______
                                

                  June 7, 1999.--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 H.R. 449]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 449) to authorize the Gateway Visitor 
Center at Independence National Historical Park, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                         purpose of the measure

    The purpose of H.R. 449 is to authorize the Secretary of 
the Interior to enter into an agreement with the Gateway 
Visitor Center Corporation to construct and operate a regional 
visitor center on Independence mall in Philadelphia, 
Pennsylvania, in cooperation with the Secretary.

                          background and need

    The 1997 National Park Service (NPS) general management 
plan for Independence National Historical Park calls for the 
revitalization of Independence Mall, with a key component being 
the construction of a new visitor center. The center would 
replace the current park visitor center and provide orientation 
to the national historical park, the city of Philadelphia and 
other regional attractions. The center would be operated by the 
non-profit Gateway Visitor Center Corporation. The corporation 
will raise funds for the center, and work with the NPS in the 
design, development, construction and operation of the 
facility.
    As planned, visitor center will comprise approximately 
50,000 square feet and will cost approximately $25 million to 
build. Upon completion, the visitor center would be owned by 
the National Park Service; however, revenues generated by the 
corporation will be used to operate and administer the center.
    Independence National Historic Park includes 
internationally known resources such as the Liberty Bell, 
Independence Hall, Congress Hall and Old City Hall. The park 
receives about 1.6 million visitors each year. Admission is 
free at sites operated by the National Park Service except at 
the Second Bank Portrait Gallery and the Todd and Bishop White 
Houses.

                          legislative history

    H.R. 449 was passed by the House of Representatives on 
April 12, 1999 and was referred to the Committee on Energy and 
Natural Resources on April 13, 1999.
    On April 13, 1999 the Subcommittee on National Parks, 
Historic Preservation, and Recreation held a hearing on similar 
legislation: S. 582, sponsored by Senators Specter and 
Santorum.
    During the 105th Congress, Senators Specter and Santorum 
introduced similar legislation (S. 2039) on July 14, 1998. The 
Subcommittee on National Parks, Historic Preservation, and 
Recreation held a hearing on S. 2039 on September 17, 1998. 
That bill was reported by the Committee on September 23, 1998, 
without amendment, by unanimous voice vote, and passed the 
Senate, by voice vote on October 7, 1998. No further action was 
taken by the House of Representatives.
    At its business meeting on May 19, 1999, the Committee on 
Energy and Natural Resources ordered H.R. 449, favorably 
reported, without amendment.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 19, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass H.R. 449.

                   cost and budgetary considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 25, 1999.
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 H.R. 449, the Gateway 
Visitor Center Authorization Act of 1999.
    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.

               congressional budget office cost estimate

H.R. 449--Gateway Visitor Center Authorization Act of 1999

    CBO estimates that implementing H.R. 449 would cost less 
than $1 million a year, subject to the availability of 
appropriated funds. H.R. 449 would authorize the Secretary of 
the Interior to execute an agreement with the Gateway Visitor 
Center Corporation under which this nonprofit organization 
would construct and operate a regional visitor center on 
Independence Mall in Philadelphia, Pennsylvania. The act would 
authorize the corporation to charge fees, sell food, 
merchandise, and tickets, and provide information, facilities, 
and services to visitors to the Independence National 
Historical Park and other regional sites. Amounts earned from 
fees and sales would be used by the corporation to help pay for 
its operating expenses. The National Park Service (NPS) would 
provide visitor information and facilities and offer 
interpretive programs.
    Based on information provided by the NPS, and assuming 
appropriation of the necessary amounts, CBO expects that the 
agency would provide an annual contribution toward the 
operation of the center. The appropriate federal contribution 
has not yet been determined by the NPS, but CBO estimates that 
it could be several hundred thousand dollars a year. Some of 
the annual contribution may be offset by savings in operating 
expenses that may be realized when the NPS closes its existing 
visitor center at the park once the new Gateway Visitor Center 
becomes operational in fiscal year 2000.
    H.R. 449 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The act 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    On March 10, 1999, CBO prepared a cost estimate for H.R. 
449, the Gateway Visitor Center Authorization Act of 1999, as 
ordered reported by the House Committee on Resources on March 
3, 1999. The two versions of the legislation are identical, as 
are the estimated costs.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                      section-by-section analysis

    Section 1 designates the bill's short title as the 
``Gateway Visitor Center Authorization Act of 1999.''
    Section 2 lists the findings of the bill which state that a 
Gateway Visitor Center would support the recent general 
management plan's goals and priorities for the future of the 
park. The purpose is to authorize the Secretary of the Interior 
(the Secretary) to enter into an agreement with the Gateway 
Visitor Center Corporation (the Corporation).
    Section 3 (a) authorizes the Secretary to enter into an 
agreement, under appropriate terms and conditions, with the 
Gateway Visitor Center Corporation to facilitate the 
construction and operation of a regional visitor center on 
Independence Mall.
    Subsection (b) authorizes the Corporation to operate the 
visitor center in cooperation with the Secretary and to provide 
information, interpretation, facilities and services to 
visitors to Independence National Historic Site, its 
surrounding historic sites, the city of Philadelphia and the 
region.
    Subsection (c) authorizes the Secretary to undertake 
activities related to the management of Independence National 
Historical Park, including, but not limited to, appropriate 
visitor information and interpretive facilities and programs 
related to the park.
    Subsection (d) authorizes the Corporation to engage in 
activities appropriate for the operation of the visitor center, 
including charging fees, conducting events, and selling 
merchandise, tickets and food at the center.
    Subsection (e) directs that revenues from activities 
engaged in by the Corporation are to be used for the operation 
and administration of the center.
    Subsection (f) directs that the Secretary is to take no 
actions that would derogate the preservation and protection of 
the values and resources of Independence National Historical 
Park.
    Subsection (g) defines terms used in the Act.

                      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 H.R. 449. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
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 
enactment of H.R. 449, as ordered reported.

                        executive communications

    At the Subcommittee hearing a representative from the 
National Park Service testified in support of S. 582, as 
follows:

   Statement of Katherine Stevenson, Associate Director for Cultural 
Resource Stewardship and Partnership, National Park Service, Department 
                            of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before this subcommittee to present the views of the Department 
of the Interior on S. 582, a bill to authorize the Gateway 
Visitor Center, a facility to be constructed on the mall at 
Independence National Historical Park.
    This bill would authorize the Secretary of the Interior to 
enter into an agreement with a nonprofit corporation, the 
Gateway Visitor Center Corporation, to operate a new visitor 
center to be built on parkland. It would authorize the 
Corporation to undertake management-related activities, such as 
providing visitor information and interpretation, and to engage 
in other activities appropriate for a regional visitor center, 
such as conducting events and selling merchandise and food. The 
bill would authorize the use of revenues generated by the 
Corporation for the operation and administration of the Center.
    The Department of the Interior supports S. 582. This 
legislation will enable the implementation of a critical 
component of the General Management Plan (GMP) for Independence 
National Historical Park, which was approved in April 1997, by 
authorizing the operation of a regional Gateway Visitor Center 
on Independence Mall.
    Independence National Historical Park (Independence NHP) is 
the site of Independence Hall, the Liberty Bell and other 
historic treasures associated with the birth of our nation. The 
park is located in the heart of Philadelphia. This great 
American city is a living museum of historic sites, it has 
played host to significant events in our nation's history, and 
has a rich and diverse cultural heritage. Independence NHP 
attracts more than 3.1 million visitors annually from around 
the nation and the world. Visitors include school classes, 
family vacationers and organized tour groups. Regardless of 
their background each individual finds special meaning in the 
birthplace of our Nation.
    In 1993, Independence NHP began the process of developing 
its first GMP. Prior planning was the master plan completed 
over 25 years ago that resulted in the park's current 
configuration. A GMP was approved in April 1997 after four 
years of research, planning and unprecedented public 
participation. The GMP affirmed a critical role for the park: 
to enhance the overall quality of the visitor experience. The 
GMP identified Independence Mall as the primary location for 
the development of new visitor facilities. The GMP also 
articulated a need for Independence NHP to become a more active 
partner in the life of the city and the region. In so doing, 
the GMP recognized the complementary roles of the park and the 
community--park staff in achieving quality stewardship and 
interpretation of the park, and the community in ensuring 
sensitive preservation and development of the surrounding 
neighborhoods.
    Independent of the GMP, a series of studies conducted by 
the Pew Charitable Trusts concluded that Greater Philadelphia 
has been missing opportunities for enhanced regional identity 
and significant economic development by failing to develop the 
potential of its tourism industry.
    These tourism studies and the GMP process, although 
conducted separately, came to similar conclusions through their 
joint recognition of Independence NHP as the primary 
destination for visitors to the City of Philadelphia, and of 
the inadequacies of Independence NHP's existing visitor center 
to fully address the needs of those visitors. This led to the 
proposals endorsed in the GMP to develop a new visitor center 
on Independence Mall and to redevelop Independence Mall as a 
gateway to the park and the surrounding historic district, city 
and region. By way of a regional center, visitors could 
potentially experience a richer visit through better 
understanding of the overall historical and geographic context 
of the park.
    Subsequent to the approval of the GMP in April 1997, the 
National Park Service entered into a contract with a 
Philadelphia-based design team headed by the Olin Partnership, 
a nationally recognized landscape architectural firm. This team 
produced a Master Plan for Independence Mall, a detailed 
physical design that elaborated the recommendations contained 
in the GMP for the placement and relationships of the various 
facilities and open space. It was presented to the public in 
October 1997, and has met not only with acclaim from the 
public, but an outpouring of financial support, detailed below.
    The Gateway Visitor Center would directly address what the 
GMP clearly articulates as the importance of the visitor 
experience--recognizing the various needs and expectations of 
visitors; managing their traffic flow through and beyond the 
park; and allowing them to make the best use of available time 
by providing more opportunities to discover and visit 
historical, cultural, and natural resources in the park and 
beyond. The Gateway Visitor Center is also a major component 
contributing to the GMP's visitor orientation goal of 
strengthening Independence Mall itself--providing a dignified 
and comprehensive setting respecting the historical 
significance of Independence Hall and the Liberty Bell, while 
clarifying and enhancing the pedestrian environment.
    Visitors to the center will also be able to gain 
information and tickets to area tours, attractions and events. 
They will be able to make reservations for accommodations, 
restaurants and transportation; purchase items at a book and 
gift store, obtain information and see films about the creation 
of our nation and about the attractions of Philadelphia and the 
surrounding region, and have a light meal. The Gateway Visitor 
Center will be the distribution site for free tickets for 
admission to Independence Hall during peak periods.
    A range of private and nonfederal public entities have come 
together to fund the development and construction of the 
Gateway Visitor Center, which will be located on federal land 
and owned by the federal government. The Gateway Visitor Center 
will be developed by a private nonprofit corporation, the 
Gateway Visitor Center Corporation (GVCC). Pursuant to a long-
term agreement with the National Park Service, the Gateway 
Visitor Center will be operated jointly by the National Park 
Service and the Gateway Visitor Center Corporation. The GVCC 
Board, comprised of representative stakeholders, includes the 
Mayor of Philadelphia, a representative of the Governor of the 
Commonwealth of Pennsylvania, and a representative of the Pew 
Charitable Trusts.
    Current estimates call for an approximately 50,000 square 
foot facility costing $24 million (hard and soft costs) for the 
physical structure and exhibits. In addition, the overall 
project development budget includes a $6 million endowment to 
help support operation of the facility in the future, including 
the ongoing maintenance, renewal and replacement of the 
facility's exhibits.
    This overall project budget of $30 million is in hand or 
firmly committed, and is split equally between public (non-
federal) and private contributions. The Gateway Visitor 
Center's leading private sector financial backer, and in many 
ways one of the project's primary catalysts, is the Pew 
Charitable Trusts, based in Philadelphia. It is one of the 
nation's largest philanthropies. No federal money will be 
utilized for the design or construction of the Gateway Visitor 
Center.
    While the Gateway Visitor Center itself can be constructed 
within Independence NHP based on existing NPS authorities, the 
proposed legislation permits the GVCC to undertake certain 
activities that will enliven the visitor experience and 
generate revenues to defray operating and management expenses 
of the Gateway Visitor Center. It would allow the GVCC to 
change fees, raise revenues, rent space for events, sell 
merchandise, tickets and food, and enter into agreements with 
other parties for these activities. The funds generated by 
these activities would be retained by the GVCC to defray 
ongoing costs of operations, maintenance and repair of the 
building and exhibits, and for the periodic replacement, 
improvement and modification of the exhibits in the building.
    If authorization is enacted in the near future, the 
projected completion date for the Gateway Visitor Center is 
December 2000 based upon construction beginning in September of 
this year. Once completed, the Gateway Visitor Center will be 
operated and managed on a long-term basis by the National Park 
Service and the GVCC pursuant to an agreement between the two 
parties.
    This agreement will define the relationship between the 
National Park Service and the GVCC on a number of items of 
particular concern to both parties, such as ongoing liaison 
between the GVCC and the park, content of the Gateway Visitor 
Center's exhibits, ticketing for Independence Hall, the 
presence and role of park staff in the Gateway Visitor Center. 
In addition, the agreement will set forth policies for 
addressing such matters as the sale of merchandise, the rental 
of Gateway Visitor center space, the display and content of 
written materials, and the maintenance of the facility.
    Once the funding mechanisms are in place, the Gateway 
Visitor Center is designed to be financially self-sustaining. 
Its annual operations will be supported through revenue 
generating activities, endowment income, and various 
stakeholder contributions, including an appropriate 
contribution by NPS toward operations and maintenance.
    This concludes my statement. I would be pleased to answer 
any questions you may have.

                        changes in existing law

    In compliance 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 H.R. 449, as ordered 
reported.

                                
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