[Senate Report 107-204]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 481
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-204

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



 
SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT ACT

                                _______
                                

                  July 3, 2002.--Ordered to be printed

 Filed, under the authority of the order of the Senate of June 26, 2002

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 640]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 640) to adjust the boundaries of Santa 
Monica Mountains National Recreation Area, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the Act, as amended, do 
pass.
    The amendment is as follows:
    On page 2, lines 16 and 17, strike ``numbered 80,047 and 
dated February 2001'' and insert ``numbered 80,047-C and dated 
August 2001''.

                                Purpose

    The purpose of H.R. 640 is to adjust the boundaries of 
Santa Monica Mountains National Recreation Area in California 
to include an additional 3,534 acres of land, to include an 
important wildlife migration corridor within the recreation 
area.

                          Background and Need

    The Santa Monica Mountains National Recreation Area 
(Recreation Area) is the largest urban unit of the National 
Park System, comprising more than 150,000 acres between 
downtown Los Angeles and the Pacific Ocean. Currently there is 
open space between the Recreation Area and the Simi Hills 
across Route 101 to the north. The Santa Monica Mountains 
Conservancy (Conservancy) owns 2,800 acres of lands in this 
vicinity on behalf of local governments in its role as a 
department of the California Resources Agency.
    The Conservancy is willing to donate the lands to the 
National Park Service. Acquisition of these lands would provide 
much-needed habitat for the free movement and migration of 
wildlife between the Santa Monica Mountains and the Simi Hills, 
preventing the local extirpation of several species in the 
park. The donation of these acres would also ensure the 
protection of a larger part of Upper Las Virgenes Creek, which 
is part of the Malibu Creek Watershed, a watershed of critical 
concern because it drains into Santa Monica Bay. Water quality 
in this area is especially important because the complex of 
beaches in and surrounding the Recreation Area draws more than 
30 million recreation visits annually.
    In addition to the 2,800 acres owned by the Conservancy, 
approximately 734 acres would be included within the expanded 
Recreation Area boundaries, including approximately 327 acres 
within the cities of Agoura Hills and Calabasas; approximately 
362 largely undeveloped acres within Los Angeles County; and 45 
acres donated by Shea Homes, Inc.

                          Legislative History

    H.R. 640, sponsored by Representative Gallegly, was passed 
by the House of Representatives by voice vote on June 6, 2001. 
The Subcommittee on National Parks held a hearing on H.R. 640 
on July 26, 2001. The Committee on Energy and Natural Resources 
adopted an amendment to H.R. 640 at its business meeting on May 
15, 2002, and ordered the bill as amended favorably reported at 
its business meeting on June 5, 2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 640 if 
amended as described herein.

                          Committee Amendment

    During its consideration of H.R. 640, the Committee on 
Energy and Natural Resources adopted an amendment which 
references a new boundary map for the Recreation Area. The new 
map reflects the exclusion of 208 acres encompassing three 
parcels of private land from the proposed addition to the 
Recreation Area.

                      Section-by-Section Analysis

    Section 1 entitles the Act the ``Santa Monica Mountains 
National Recreation Area Boundary Adjustment Act.''
    Section 2 amends section 507 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 460kk) to include 3,534 
additional acres within the Santa Monica Mountains National 
Recreation Area. Lands within the ``Wildlife Corridor Expansion 
Zone'' identified on the revised boundary map for the 
Recreation Area may be acquired only by donation or with 
donated funds.
    Section 3 makes technical corrections to section 507 of the 
National Parks and Recreation Act of 1978 (16 U.S.C. 460kk).

                   Cost and Budgetary Considerations

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

H.R. 640--Santa Monica Mountains National Recreation Area Boundary 
        Adjustment Act

    CBO estimates that enacting H.R. 640 would have no 
significant effect on the federal budget. The legislation would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. H.R. 640 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    H.R. 640 would expand the Santa Monica Mountains National 
Recreation Area in California to include about 3,500 acres of 
nonfederal lands. The act specifies that the federal government 
could acquire lands within the proposed expansion area only by 
donation or with donated funds. The Santa Monica Mountains 
Conservancy, a California state agency, owns roughly four-
fifths of the lands within the proposed expansion area. 
According to the National Park Service (NPS) and the 
conservancy, under H.R. 640, the conservancy would donate those 
lands to the federal government so that they may be managed for 
critical wildlife habitat. Based on information from NPS we 
estimate that the agency would incur additional costs to manage 
the donated lands, but that such costs would not exceed 
$500,000 a year.
    On May 21, 2001, CBO transmitted a cost estimate for H.R. 
640 as ordered reported by the House Committee on Resources on 
May 16, 2001. The Senate Committee on Energy and Natural 
Resources' version of H.R. 640 would add fewer acres of 
nonfederal lands to the recreation area than the House version. 
CBO estimates, however, that neither version of H.R. 640 would 
have a significant impact on the federal budget.
    The CBO staff contact for this estimate is Megan Carroll. 
This 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 H.R. 640. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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 H.R. 640.

                        Executive Communications

    On July 27, 2001, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 640. These 
reports had not been received at the time this report was 
filed. The testimony provided by the National Park Service at 
the Subcommittee hearing follows:

Statement of John J. Reynolds, Regional Director, Pacific West Region, 
           National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on H.R. 640, a bill to 
adjust the boundaries of Santa Monica Mountains National 
Recreation Area.
    The Department supports H.R. 640. This legislation will 
adjust the authorized boundary of Santa Monica Mountains 
National Recreation Area to encompass an important wildlife 
corridor and provide for the protection of a key watershed. The 
legislation requires that acquisition of lands within the 
expansion area be accomplished only through donation, a 
provision that reflects the high level of cooperation and 
strong commitment of local communities and governments toward 
the park.
    Furthermore, in light of the President's commitment to 
reducing the backlog of deferred maintenance needs within the 
National Park System before incurring additional financial 
burdens, it is important to note that this legislation 
authorizes the lands within the boundary adjustment area to be 
acquired by donation only. Therefore, no public funds will be 
required for land acquisition. In addition, life cycle 
operational and maintenance costs are expected to be minimal. 
The park anticipates providing only minimal facilities such as 
trails, emphasizing habitat preservation for wildlife movement. 
Since no development is contemplated within the boundary 
adjustment area, no line item construction or related 
operational funding will be required.
    Within the 3,697-acre expansion zone, three parcels of land 
totaling about 2,800 acres are owned by the Santa Monica 
Mountains Conservancy, an agency of the California Resources 
Department that was established in 1981 to complement and 
assist with the establishment of the Santa Monica Mountains 
National Recreation Area. The three parcels are the 2,300-acre 
Las Virgenes Canyon Dedication, the 390-acre Liberty Canyon 
tract, and the 107-acre Abrams property. These lands are held 
by the Conservancy on behalf of local governments, principally 
the governments of Ventura County and Los Angeles County, and 
are slated to be donated to the National Park Service once they 
have been included within the authorized boundary of the 
recreation area. H.R. 640 adjusts the boundary in order to 
accomplish this purpose.
    Acquisition of these lands is important in order to protect 
critical habitat required for the free movement and migration 
of wildlife between the Santa Monica Mountains and the Simi 
Hills, thereby preventing local extinction of species in the 
park. Together with existing National Park Service lands, the 
three parcels form the only remaining wildlife corridor in the 
region to connect with national forest lands to the north.
    In addition, this legislation enables the protection of a 
significant portion of Upper Las Virgenes Creek, which is part 
of the Malibu Creek Watershed, the largest freshwater system 
within the recreation area. The quality and condition of this 
watershed is of critical concern because it drains into Santa 
Monica Bay. The beaches of Santa Monica Mountains National 
Recreation Area, surrounding the Bay and running west from the 
Santa Monica Pier for 45 miles along the Malibu coastline, are 
principally managed by the Los Angeles Department of Beaches 
and Harbors and the California State Parks. In all, this 
complex of beaches supports in excess of 30 million recreation 
visits annually, which suggests that it is one of the most 
valuable recreation assets in California.
    Within the existing boundary of Santa Monica Mountains 
National Recreation Area, some 70 governmental jurisdictions 
operate and work together. Unlike many park areas where lands 
within the authorized boundary are almost entirely in federal 
ownership, there exists an extremely complex mosaic of publicly 
and privately owned lands within the recreation area's 
boundary. The entire city of Malibu, as well as portions of the 
cities of Agoura Hills, Calabasas, Los Angeles, Thousand Oaks, 
and Westlake Village are within the current park boundaries. 
The National Park Service works cooperatively with other 
governments and private landowners, and shares its resource 
management knowledge with the local communities. The National 
Park Service, however, does not regulate land use on private or 
non-federal parklands within the park.
    In addition to the 2,800 acres that are owned by the 
Conservancy, approximately 900 acres of private and non-federal 
public lands are located within the expansion zone, including 
two neighborhoods that are situated within the cities of 
Agouira Hills and Calabasas. The two neighborhoods comprise 
roughly 330 acres. The two cities, as well as the homeowner 
associations representing the neighborhoods concerned, are 
longtime supporters of the park and this legislation. We 
understand that letters in support of the boundary enlargement 
have been provided to the subcommittee from each of these 
governments and associations. Under the classification process 
used by the park, the neighborhoods are designated as 
``developed areas,'' where the National Park Service will not 
acquire lands.
    There are also lands within the expansion zone under the 
jurisdiction of Los Angeles County that are largely 
undeveloped, or held by the county to support operations such 
as the Calabasas landfill. The legislation would permit the 
National Park Service to accept these lands, only by donation, 
if it were determined that they could further park purposes.
    Mr. Chairman, we are pleased to support this proposal. In 
all, the lands reserved through the efforts of local 
communities and governments for transfer to the National Park 
Service may be worth as much as $60 million under current 
market conditions. The legislation before you today is a 
testament to the cooperation and commitment of the citizens, 
local governments, and the park agencies in the Santa Monica 
Mountains.
    That concludes my testimony. I would be glad to answer any 
questions that you or the members of the subcommittee may have.

                        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/Act ________, 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 95-625--NOV. 10, 1978]

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            SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA

    Sec. 507. (a) The Congress finds that--

           *       *       *       *       *       *       *

    (c) * * *
    (1) The recreation area shall consist of the lands and 
waters and interests generally depicted as the recreation area 
on the map entitled [``Boundary Map, Santa Monica Mountains 
National Recreation Area. California, and Santa Monica 
Mountains Zone'', numbered SMM-NRA 80,000, and dated May 1978] 
``Santa Monica Mountains National Recreation Area and Santa 
Monica Mountains Zone, California, Boundary Map'', numbered 
80,047-C and dated August 2001, which shall be on file and 
available for inspection in the offices of the National Park 
Service, Department of the Interior, Washington, District of 
Columbia, and in the offices of the General Services 
Administration in the Federal Office Building in West Los 
Angeles, California, and in the main public library in Ventura, 
California. After advising the [Committee on Natural Resources] 
Committee on Resources of the United States House of 
Representatives and the Committee on Energy and Natural 
Resources of the United States Senate, in writing, the 
Secretary may make minor revisions of the boundaries of the 
recreation area when necessary by publication of a revised 
drawing or other boundary description in the Federal Register.
    (2)(A) Not later than ninety days after the date of 
enactment of this Act the Secretary, after consultation with 
the Governor of the State of California, the California Coastal 
Commission, and the Santa Monica Mountains Comprehensive 
Planning Commission, shall commence acquisition of lands, 
improvements, waters, or interests therein within the 
recreation area. Such acquisition may be by donation, purchase 
with donated or appropriated funds, transfer from any Federal 
agency, exchange, or otherwise. Except as provided in 
subparagraph (B), any lands or interests therein owned by the 
State of California or any political subdivision thereof 
(including any park district or other public entity) may be 
acquired only by donation, except that such lands acquired 
after the date of enactment of this section by the State of 
California or its political subdivisions may be acquired by 
purchase or exchange if the Secretary determines that the lands 
were acquired for purposes which further the national interest 
in protecting the area and that the purchase price or value on 
exchange does not exceed fair market value on the date that the 
State acquired the land or interest: Provided, however, That 
the value of any lands acquired by the Secretary under the 
exception in this sentence shall be deducted from the amount of 
moneys available for grants to the State under subsection (n) 
of this section. Lands within the ``Wildlife Corridor Expansion 
Zone'' identified on the boundary map referred to in paragraph 
(1) may be acquired only by donation or with donated funds. 
Notwithstanding any other provision of law, and Federal 
property located within the boundaries of the recreation area 
shall, with the concurrence of the head of the agency having 
custody thereof, be transferred without cost, to the 
administrative jurisdiction of the Secretary for the purposes 
of the recreation area.
    (B) The Secretary shall negotiate, and carry out, and 
exchange with the city of Los Angeles (acting through its 
department of water and power) [of certain] certain federally 
owned lands managed by the Bureau of Land Management in the 
vicinity of the Haiwee Reservoir in Inyo County for certain 
lands owned by the city of Los Angeles which are associated 
with the Upper Franklin Reservoir in the city of Los Angeles. 
Lands acquired by the Secretary pursuant to such exchange shall 
be transferred without cost to the administrative jurisdiction 
of the National Park Service for inclusion within the 
recreation area. The Secretary shall include in such exchange a 
provision for an easement to be granted to the city of Los 
Angeles for the existing water pipeline associated with the 
Upper Franklin Reservoir and for the city of Los Angeles to 
provide for replacement water to maintain the water elevations 
of the Franklin Reservoir to the current levels. The values of 
lands exchanged under this provision shall be equal, or shall 
be equalized, in the same manner as provided in section 206 of 
the Federal Land Policy and Management Act of 1976 [43 USCS 
Sec. 1716].

           *       *       *       *       *       *       *

    (n) * * *
    (5) Grants under this section shall be made only upon 
application of the recipient State and shall be in addition to 
any other Federal financial assistance for any other program, 
and shall be subject to such terms and conditions as the 
Secretary deems necessary to carry out the purposes of this 
section. Any jurisdiction that implements changes to the 
approved plan which are inconsistent with the purposes of this 
section, or adopts or acquiesces in changes to [laws] Laws, 
regulations or policies necessary to implement or protect the 
approved plan, without approval of the Secretary, may be liable 
for reimbursement of all funds previously granted or available 
to it under the terms of this section without regard to such 
additional terms and conditions or other requirements of law 
that may be applicable to such grants. During the life of the 
planning commission, changes to the plan must be submitted by 
the planning commission to the Secretary for approval. No such 
application for a grant may be made after the date five years 
from the date of the Secretary's approval of the plan.

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