[House Report 107-667]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-667

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





 
REVISING THE BOUNDARIES OF THE GOLDEN GATE NATIONAL RECREATION AREA IN 
  THE STATE OF CALIFORNIA, TO EXTEND THE TERM OF THE ADVISORY COMMISSION 
  FOR THE RECREATION AREA, AND FOR OTHER PURPOSES

                                _______
                                

 September 23, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 941]

  The Committee on Resources, to whom was referred the bill (S. 
941) to revise the boundaries of the Golden Gate National 
Recreation Area in the State of California, to extend the term 
of the advisory commission for the recreation area, 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:

             TITLE I--GOLDEN GATE NATIONAL RECREATION AREA

SEC. 101. BOUNDARY ADJUSTMENT.

  Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is amended--
          (1) by striking ``(a)'' and inserting ``(a) Recreation Area 
        Lands.--'';
          (2) by striking ``The recreation area shall comprise'' and 
        inserting the following:
          ``(1) In general.--The recreation area shall comprise''; and
          (3) by striking ``The following additional lands are also'' 
        and all that follows through the period at the end of the 
        paragraph and inserting the following:
          ``(2) Additional land.--In addition to the land described in 
        paragraph (1), the recreation area shall include--
                  ``(A) the parcels numbered by the Assessor of Marin 
                County, California, 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;
                  ``(B) land and water 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;
                  ``(C) land acquired under the Golden Gate National 
                Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 
                note; Public Law 10-299);
                  ``(D) land generally depicted on the map entitled 
                `Additions to Golden Gate National Recreation Area', 
                numbered NPS-80-076, and dated July 2000/PWR-PLRPC; and
                  ``(E) land generally depicted on the map entitled 
                `Rancho Corral de Tierra Additions to the Golden Gate 
                National Recreation Area', numbered NPS-80,079A and 
                dated July 2001.
          ``(3) Acquisition authority.--The Secretary may acquire land 
        described in paragraph (2)(E) only from a willing seller.''.

                     TITLE II--ADVISORY COMMISSIONS

SEC. 201. GOLDEN GATE NATIONAL RECREATION AREA ADVISORY COMMISSION.

  Section 5 of Public Law 92-589 (16 U.S.C. 460bb-4) is amended--
          (1) in subsection (b)--
                  (A) by striking ``(b) The Commission'' and inserting 
                the following:
  ``(b) Membership.--
          ``(1) In general.--The Commission'';
                  (B) by striking ``Provided, That the'' and all that 
                follows through the period; and
                  (C) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
          ``(2) Considerations.--In appointing members to the 
        Commission, the Secretary shall ensure that the interests of 
        local, historic recreational users of the recreation area shall 
        be represented.''; and
          (2) in subsection (g), by striking ``thirty years after the 
        enactment of this Act'' and inserting ``on December 31, 2012''.

SEC. 202. MANZANAR NATIONAL HISTORIC SITE ADVISORY COMMISSION.

  Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) is amended 
by striking ``10 years after the date of enactment of this title'' and 
inserting ``on December 31, 2012''.

                   TITLE III--YOSEMITE NATIONAL PARK

SEC. 301. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds the following:
          (1) The three elementary schools serving the children of 
        employees of Yosemite National Park are served by the Bass Lake 
        Joint Union Elementary School District and the Mariposa Unified 
        School District.
          (2) The schools are in remote mountainous areas and long 
        distances from other educational and administrative facilities 
        of the two local educational agencies.
          (3) Because of their remote locations and relatively small 
        number of students, schools serving the children of employees 
        of the Park provide fewer services in more basic facilities 
        than the educational services and facilities provided to 
        students that attend other schools served by the two local 
        educational agencies.
          (4) Because of the long distances involved and adverse 
        weather and road conditions that occur during much of the 
        school year, it is impractical for the children of employees of 
        the Park who live within or near the Park to attend other 
        schools served by the two local educational agencies.
  (b) Purpose.--The purpose of this title is to authorize the Secretary 
of the Interior to provide supplemental funding and other services that 
are necessary to assist the State of California or local educational 
agencies in California in providing educational services for students 
attending schools located within the Park.

SEC. 302. PAYMENTS FOR EDUCATIONAL SERVICES.

  (a) Authority to Provide Funds.--For fiscal years 2003 through 2007, 
the Secretary may provide funds to the Bass Lake Joint Union Elementary 
School District and the Mariposa Unified School District for 
educational services to students who are dependents of persons engaged 
in the administration, operation, and maintenance of the Park or 
students who live at or near the Park upon real property of the United 
States.
  (b) Limitation on Use of Funds.--Payments made by the Secretary under 
this section may not be used for new construction, construction 
contracts, or major capital improvements, and may be used only to pay 
public employees for services otherwise authorized by this title.
  (c) Limitation on Amount of Funds.--Payments made under this section 
shall not exceed the lesser of $750,000 in any fiscal year or the 
amount necessary to provide students described in subsection (a) with 
educational services that are normally provided and generally available 
to students who attend public schools elsewhere in the State of 
California.
  (d) Adjustment of Payments.--Subject to subsection (c), the Secretary 
is authorized to adjust payments made under this section if the State 
of California or the appropriate local educational agencies do not 
continue to provide funding for educational services at Park schools at 
per student levels that are equivalent to or greater than those 
provided in the fiscal year prior to the date of enactment of this 
title.
  (e) Source of Payments.--
          (1) Authorized sources.--Except as provided in paragraph (2), 
        in order to make payments under this section, the Secretary may 
        use funds available to the National Park Service from 
        appropriations, donations, or fees.
          (2) Exceptions.--Funds from the following sources may not be 
        used to make payments under this section:
                  (A) Fees authorized and collected under the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
                et seq,).
                  (B) The recreational fee demonstration program under 
                section 315 of the Department of the Interior and 
                Related Agencies Appropriations Act, 1996 (as contained 
                in section 101(c) of Public Law 104-134; 16 U.S.C. 
                460l-6a note).
                  (C) The national park passport program established 
                under section 602 of the National Parks Omnibus 
                Management Act of 1998 (16 U.S.C. 5992).
                  (D) Emergency appropriations for Yosemite flood 
                recovery.
  (f) Definitions.--For the purposes of this title, the following 
definitions apply:
          (1) Local educational agencies.--The term ``local educational 
        agencies'' has the meaning given that term in section 9101(26) 
        of the Elementary and Secondary Education Act of 1965.
          (2) Educational services.--The term ``educational services'' 
        means services that may include maintenance and minor upgrades 
        of facilities and transportation to and from school.
          (3) Park.--The term ``Park'' means Yosemite National Park.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 303. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE 
                    BOUNDARIES OF YOSEMITE NATIONAL PARK.

  Section 814(c) of the Omnibus Parks and Public Lands Management Act 
of 1996 (16 U.S.C. 346e) is amended--
          (1) in the first sentence--
                  (A) by inserting ``and Yosemite National Park'' after 
                ``Zion National Park''; and
                  (B) by inserting ``transportation systems and'' 
                before ``the establishment of''; and
          (2) by striking ``park'' each place it appears and inserting 
        ``parks''.

TITLE IV--ESTABLISHMENT OF GOLDEN CHAIN HIGHWAY AS A NATIONAL HERITAGE 
                             CORRIDOR STUDY

SEC. 401. STUDY; REPORT.

  (a) Study.--
          (1) In general.--Not later than 1 year after the date that 
        funds are first made available for this section, the Secretary 
        of the Interior, in consultation with the affected local 
        governments, the State government, State and local historic 
        preservation offices, community organizations, and the Golden 
        Chain Council, shall complete a special resource study of the 
        national significance, suitability, and feasibility of 
        establishing Highway 49 in California, known as the ``Golden 
        Chain Highway'', as a National Heritage Corridor.
          (2) Contents.--The study shall include an analysis of--
                  (A) the significance of Highway 49 in American 
                history;
                  (B) options for preservation and use of the highway;
                  (C) options for interpretation of significant 
                features associated with the highway; and
                  (D) private sector preservation alternatives.
          (3) Boundaries of study area.--The area studied under this 
        section shall be comprised of Highway 49 in California 
        extending from the city of Oakhurst in Madera County to the 
        city of Tuttletown in Tuolumne County, and lands, structures, 
        and cultural resources within the immediate vicinity of the 
        highway.
  (b) Report.--Not later than 30 days after completion of the study 
required by subsection (a), the Secretary shall submit a report 
describing the results of the study to the Committee on Resources of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate.

     TITLE V--JOHN MUIR NATIONAL HISTORIC SITE BOUNDARY ADJUSTMENT

SEC. 501. BOUNDARY ADJUSTMENT.

  (a) Boundary.--The boundary of the John Muir National Historic Site 
is adjusted to include the lands generally depicted on the map entitled 
``Boundary Map, John Muir National Historic Site'' numbered PWR-OL 426-
80,044a and dated August 2001.
  (b) Land Acquisition.--The Secretary of the Interior is authorized to 
acquire the lands and interests in lands identified as the ``Boundary 
Adjustment Area'' on the map referred to in subsection (a) by donation, 
purchase with donated or appropriated funds, exchange, or otherwise.
  (c) Administration.--The lands and interests in lands described in 
subsection (b) shall be administered as part of the John Muir National 
Historic Site established by the Act of August 31, 1964 (78 Stat. 753; 
16 U.S.C. 461 note).

              TITLE VI--SAN GABRIEL RIVER WATERSHEDS STUDY

SEC. 601. AUTHORIZATION OF STUDY.

  (a) In General.--The Secretary of the Interior (hereinafter in this 
title referred to as the ``Secretary'') shall conduct a special 
resource study of the following areas:
          (1) The San Gabriel River and its tributaries north of and 
        including the city of Santa Fe Springs.
          (2) The San Gabriel Mountains within the territory of the San 
        Gabriel and Lower Los Angeles Rivers and Mountains Conservancy 
        (as defined in section 32603(c)(1)(C) of the State of 
        California Public Resource Code).
  (b) Study Conduct and Completion.--Section 8(c) of Public Law 91-383 
(16 U.S.C. 1a-5(c)) shall apply to the conduct and completion of the 
study required by this section.
  (c) Consultation With Federal, State, and Local Governments.--In 
conducting the study authorized by this section, the Secretary shall 
consult with the San Gabriel and Lower Los Angeles Rivers and Mountains 
Conservancy and other appropriate Federal, State, and local 
governmental entities.
  (d) Considerations.--In conducting the study authorized by this 
section, the Secretary shall consider regional flood control and 
drainage needs and publicly owned infrastructure, including, but not 
limited to, wastewater treatment facilities.

SEC. 602. REPORT.

  Not later than 3 years after funds are made available for this title, 
the Secretary shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Resources of the House of 
Representatives a report on the findings, conclusions, and 
recommendations of the study.

                          Purpose of the Bill

    The purpose of S. 941 is to revise the boundaries of the 
Golden Gate National Recreation Area in the State of 
California, to extend the term of the advisory commission for 
the recreation area, and for other purposes.

                  Background and Need for Legislation

    Golden Gate National Recreation Area (GGNRA) encompasses 
approximately 74,000 acres in several units in Marin, San Mateo 
and San Francisco counties in northern California. The 
boundaries of the GGNRA have been expanded several times since 
its establishment in 1972 to provide for the inclusion of 
additional lands. The most recent acquisition occurred in 2000, 
when 1,500 acres were added to the park.
    S. 941 would expand the boundaries of the GGNRA to include 
approximately 5,000 acres in San Mateo County, known generally 
as the ``Rancho Corral de Tierra'' and ``Devils Slide'' 
properties. Although negotiations to acquire these lands were 
ongoing at the time of the 2000 acquisition, they were not 
completed in time for inclusion in that legislation.
    The lands to be added to the GGNRA by S. 941 include 
Montana Mountain and other coastal ridges. Rising 2,000 feet 
from the coast, the mountain ridges contain the headwaters and 
most of the watershed for four coastal stream systems. The area 
also would also provide open space and scenic values, with 
views of the entire San Francisco Bay area. Finally, S. 941 
would extend the GGNRA Advisory Commission by ten years though 
2012.
    During Committee consideration of this bill, an amendment 
was adopted which added several new titles to the bill. Title I 
is the Golden Gate National Recreation Area. Title II extends 
the advisory commissions for the GGNRA and the Manzanar 
National Historic Site. Title III contains the text of H.R. 
3421, to provide adequate school facilities within Yosemite 
National Park, and for other purposes, which passed the House 
of Representatives on April 30, 2002 (House Report 107-410). 
Title IV contains the amended text of H.R. 3425, to direct the 
Secretary of the Interior to study the suitability and 
feasibility of establishing Highway 49 in California, known as 
the ``Golden Chain Highway'', as a National Heritage Corridor. 
This bill was reported from the Committee on Resources on April 
9, 2002 (House Report 107-391). Title V is the text of H.R. 
3942, to adjust the boundary of the John Muir National Historic 
Site, and for other purposes. H.R. 3942 was reported from the 
Committee on Resources on June 18, 2002 (House Report 107-513). 
Title VI is the text of H.R. 2534, to authorize the Secretary 
of the Interior to conduct a special resource study of the 
Lower Los Angeles River and San Gabriel River watersheds in the 
State of California, and for other purposes, as reported from 
the Committee on Resources (House Report 107-628) on September 
4, 2002.

                            Committee Action

    S. 941 was introduced on May 23, 2001, by Senator Diane 
Feinstein (D-CA). The Senate passed the bill with amendments on 
October 17, 2001. In the House of Representatives, the bill was 
referred to the Committee on Resources. Within the Committee, 
S. 941 was referred to the Subcommittee on National Parks, 
Recreation, and Public Lands. On September 12, 2002, the Full 
Resources Committee met to consider the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute that made the following changes to the reported 
text: (1) assured that the GGNRA Advisory Committee would 
include members who would represent the interests of local 
historic recreational users; (2) authorized financial 
assistance for Yosemite National Park schools; (3) authorized a 
feasibility study on a portion of Highway 49 in California; (4) 
authorized a boundary adjustment for the John Muir National 
Historic Site; and (5) authorized a Special Resource Study for 
the San Gabriel River Watershed in California. The amendment 
was agreed to by unanimous consent. The bill as amended was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.

            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.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committees 
authorized in the bill are not currently being nor could they 
be performed by one or more agencies, an advisory committee 
already in existence or by enlarging the mandate of an existing 
advisory committee.

                   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. The Committee does not 
believe enactment of this bill will have a significant effect 
on the federal budget.
    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, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the rules of the House of Representatives does not 
apply.
    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 requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    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 any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                        ACT OF OCTOBER 27, 1972


                          (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] (a) 
Recreation Area Lands.--
          (1) In general.--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 Act, 
        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 Act, 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, 190-040-18, 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 lands generally depicted on 
        the map entitled ``Additions to Golden Gate National 
        Recreation Area'', numbered NPS-80,076, and dated July 
        2000/ PWR-PLRPC.]
          (2) Additional land.--In addition to the land 
        described in paragraph (1), the recreation area shall 
        include--
                  (A) the parcels numbered by the Assessor of 
                Marin County, California, 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;
                  (B) land and water 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;
                  (C) land acquired under the Golden Gate 
                National Recreation Area Addition Act of 1992 
                (16 U.S.C. 460bb-1 note; Public Law 10-299);
                  (D) land generally depicted on the map 
                entitled ``Additions to Golden Gate National 
                Recreation Area'', numbered NPS-80-076, and 
                dated July 2000/PWR-PLRPC; and
                  (E) land generally depicted on the map 
                entitled ``Rancho Corral de Tierra Additions to 
                the Golden Gate National Recreation Area'', 
                numbered NPS-80,079A and dated July 2001.
          (3) Acquisition authority.--The Secretary may acquire 
        land described in paragraph (2)(E) only from a willing 
        seller.

           *       *       *       *       *       *       *


                          ADVISORY COMMISSION

  Sec. 5. (a)  * * *
  [(b) The Commission]
  (b) Membership.--
          (1) In general.--The Commission shall be composed of 
        eighteen members appointed by the Secretary for terms 
        of five years each. [Provided; That the terms of those 
        members who have been either appointed or reappointed 
        subsequent to January 1, 1979, shall be extended so as 
        to expire not before June 1, 1985.]
          (2) Considerations.--In appointing members to the 
        Commission, the Secretary shall ensure that the 
        interests of local, historic recreational users of the 
        recreation area shall be represented.

           *       *       *       *       *       *       *

  (g) The Commission shall cease to exist [thirty years after 
the enactment of this Act] on December 31, 2012.

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 105 OF THE ACT OF MARCH 3, 1992

                          (Public Law 102-248)

AN ACT To establish the Manzanar National Historic Site in the State of 
                   California, and for other purposes

SEC. 105. ADVISORY COMMISSION.

  (a)  * * *

           *       *       *       *       *       *       *

  (h) Termination.--The Advisory Commission shall terminate [10 
years after the date of enactment of this title] on December 
31, 2012.
                              ----------                              


  SECTION 814 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 
                                  1996

SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Authorization for Park Facilities To Be Located Outside 
the Boundaries of Zion National Park.--In order to facilitate 
the administration of Zion National Park and Yosemite National 
Park, the Secretary of the Interior is authorized, under such 
terms and conditions as he may deem advisable, to expend 
donated or appropriated funds for transportation systems and 
the establishment of essential facilities for [park] parks 
administration and visitor use outside the boundaries, but 
within the vicinity, of the [park] parks. Such facilities and 
the use thereof shall be in conformity with approved plans for 
the [park] parks. The Secretary shall use existing facilities 
wherever feasible. Such facilities may only be constructed by 
the Secretary upon a finding that the location of such 
facilities would--
          (1) avoid undue degradation of natural or cultural 
        resources within the [park] parks;

           *       *       *       *       *       *       *


                                  
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