[Senate Report 107-70]
[From the U.S. Government Publishing Office]
Calendar No. 172
107th Congress Report
SENATE
1st Session 107-70
======================================================================
RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY
ADJUSTMENT ACT OF 2001
_______
October 1, 2001.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 941]
The Committee on Energy and Natural Resources, to which 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, reports favorably thereon with amendments and
recommends that the bill, as amended, do pass.
The amendment are as follows:
1. On page 2, line 10, strike ``period at the end'' and
insert ``period at the end of the paragraph''.
2. On page 3, strike line 14 in its entirety and insert
``numbered NPS-80,079A and dated July 2001.''.
3. On page 3, line 16, strike ``paragraph (1) or (2)'' and
insert ``paragraph 2(E)''.
4. On page 3, line 22, strike ``2022'' and insert ``2012''.
Purpose
As ordered reported, the purposes of S. 941 are to expand
the boundaries of the Golden Gate National Recreation Area in
California to include several new parcels, comprising
approximately 5,000 acres, and to extend the term of the park's
advisory commission for an additional ten years.
Background and Need
Golden Gate National Recreation Area (GGNRA) encompasses
approximately 74,000 acres in several units in Marin, San
Francisco, and San Mateo counties in northern California. The
park's boundaries have been expanded several times since its
establishment in 1972 to provide for the inclusion of
additional lands. The most recent addition occurred in 2000,
when 1,500 acres were added to the park.
S. 941 would expand the GGNRA boundaries to include
approximately 5,000 acres in San Mateo County, known generally
as the ``Rancho Corral de Tierra'' and ``Devil's Slide''
properties. Although negotiations to acquire these properties
were occurring at the time of the 2000 additions, they were not
completed in time for inclusion in that legislation.
The lands to be added to the GGNRA by S. 941 include
Montara Mountain and other coastal ridges. Rising 2,000 feet
from the nearby coast, the mountain ridges contain the
headwaters and most of the watershed for four coastal stream
systems, and provide important riparian habitat for threatened
species such as the California red-legged frog and San
Francisco garter snake. Montara Mountain is home to two plant
species that are found nowhere else in the world: the Montara
manzantia and blue lupine. The area also provides important
open space and scenic values, with views over the entire San
Francisco Bay area.
Legislative History
S. 941 was introduced by Senators Feinstein and Boxer on
May 23, 2001. The Subcommittee on National Parks held a hearing
on the bill on July 27, 2001. At its business meeting on August
2, 2001, the Committee on energy and Natural Resources ordered
S. 941 favorably reported with amendment.
Committee Recommendation
The Senate Committee on Energy and natural Resources, in
open business session on August 2, 2001, by a voice vote of a
quorum present recommends that the Senate pass S. 941, if
amended as described herein.
Committee Amendments
During its consideration of S. 941, the Committee on Energy
and Natural Resources adopted technical and clarifying
amendments, including an amendment correcting the map
reference. In addition, the Committee amendments extend the
term of the GGNRA Advisory Commission for ten years. As
introduced S. 941 would have extended the Commission for an
additional 20 years.
Section-by-Section Analysis
Section 1 contains the short title, the ``Rancho Corral de
Tierra Golden Gate National Recreation Area Boundary Adjustment
Act of 2001.''
Section 2(a) amends the enabling Act for the Golden Gate
National Recreation Area (Public Law 92-589; 16 U.S.C. 460bb et
seq.) to include several parcels comprising approximately 5,000
acres of land, including properties known as ``Rancho Corral de
Tierra'' and ``Devil's Slide'' within the boundaries of the
park.
Subsection (b) amends section 5(g) of the enabling Act to
extend the termination date for the GGNRA Advisory Commission
by ten years, through October, 2012.
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, August 21, 2001.
Hon. Jeff Bingaman,
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. 941, the Rancho
Corral de Tierra Golden Gate National Recreation Area Boundary
Adjustment Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Dan L. Crippen, Director.
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 941--Rancho Corral de Tierra Golden Gate National Recreation Area
Boundary Adjustment Act of 2001
S. 941 would modify the boundary of the Golden Gate
National Recreation Area (GGNRA). Assuming appropriation of the
necessary amounts, CBO estimates that implementing the
legislation would cost the federal government about $15.5
million over the next two years and about $0.2 million annually
thereafter. S. 941 would not affect receipts or direct
spending; therefore, pay-as-you-go procedures would not apply.
The bill 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.
S. 941 would expand the boundary of the GGNRA in California
to include the 4,262-acre Rancho Corral de Tierra and the 500-
acre Devil's Slide area. The bill also would extend the term of
the advisory commission for the GGNRA (which expires on
December 31, 2002) for an additional 10 years.
Based on information provided by the National Park Service
(NPS) and assuming appropriation of the necessary amounts, CBO
estimates that the federal government would spend $15 million
to purchase the Rancho Corral de Tierra from a local nonprofit
organization, which acquired the property this year for $29.7
million. (We expect that the organization will recover the
balance of the land's purchase price from private or state
sources.) CBO estimates that acquisition of the Devil's Slide
area would not have any impact on federal spending because this
acreage is or will be owned by California and would be donated
to the NPS, which is prohibited under existing law from
purchasing state-owned land.
Assuming appropriation of the necessary amounts, we
estimate that additional costs to develop the property acquired
under S. 941 would be about $0.5 million, and that annual costs
to administer the new lands would be between $0.1 million and
$0.2 million. Extending the life of the recreation area's
advisory commission would have no significant effect on the
federal budget.
The CBO staff contact for this estimate is Deborah Reis.
The 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 S. 941. 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 S. 941.
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 S. 941. 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 S. 941, a bill to revise
the boundaries of the Golden Gate National Recreation Area and
to extend the term of the advisory commission for the
recreation area.
The Department of the Interior supports S. 941. The
addition of these lands will preserve exceptional natural,
scenic and recreational resources displaying values
commensurate with or exceeding those of the lands currently
within the boundary of Golden Gate National Recreation Area. In
addition, these properties, if added to the park, will provide
it with a logical and understandable southern boundary, which
is currently lacking.
Golden Gate National Recreation Area was established in
1972 by Public Law 92-589 ``* * * to preserve for public use
and enjoyment certain areas of Marin and San Francisco Counties
* * *'' and has since been expanded to include lands within San
Mateo County. Located at the center of a major metropolitan
area of more than 5 million people, a major factor in Golden
Gate's significance is its ability to provide national park
experiences to unprecedented numbers of local, regional,
national, and international visitors.
In 1980, Congress passed legislation that expanded the
boundaries of Golden Gate National Recreation Area to include
substantial areas of San Mateo County. The legislation was
engendered by a proposal to develop the 1,100-acre property
known as Sweeney Ridge, which included the presumed location of
the first European sitting of San Francisco Bay in 1769. In
order to minimize the cost of the project and to keep the focus
on the development threat, the legislation limited the
inclusion of private land strictly to the Sweeney Ridge
property. The outcome was somewhat of a patchwork, leaving out
significant privately owned open space and natural resources
and creating a boundary that is difficult to recognize and
manage in the field.
S. 941 would add lands to the recreation area known as the
Rancho Corral de Tierra and the Devil's Slide area. The Corral
de Tierra property includes approximately 4,262 acres and
contains the headwaters and most of the watershed of the four
major coastal stream systems, providing riparian habitat for a
number of threatened and endangered animal species, and a
scenic backdrop that visually distinguishes the San Mateo mid-
coastal region. The peaks of Montara Mountain rise to more than
1,800 feet just two miles from the water's edge, providing some
of the most spectacular panoramic views to be found in northern
California. The property has recently been acquired by the
Peninsula Open Space Trust (POST), and is being held in
anticipation of being included within the boundaries of the
recreation area.
In addition to the Corral de Tierra property, S. 941 would
also include within the boundaries of the recreation area lands
in the area known as the Devil's Slide. These lands, comprising
approximately 500 acres, area associated with plans by the
California Department of Transportation (Caltrans) to reroute
Highway 1 through a new tunnel that is to be constructed in the
area. When the tunnel project is complete, the existing surface
road will be abandoned, thereby severing access to several
properties in the Devil's Slide area. In the way of mitigation,
it is expected that Caltrans will purchase the properties from
the current owners to be dedicated as permanent open space. The
existing roadbed will be donated by Caltrans for use as a
trail. Inclusion of these lands within the boundaries of the
recreation area will allow for their conveyance to the National
Park Service. Also included in this addition is a Caltrans
right-of-way which was purchased for the construction of a
highway over Montara Mountain. Since Caltrans will be
constructing a tunnel instead, the right-of-way is surplus to
Caltrans' needs. This property divides the larger Corral de
Tierra parcel included in this legislation, and thus is
important for connecting these two parcels and ensuring
contiguous open space.
These proposed additions to the recreation area are in
accordance with a recent boundary study conducted by POST in
consultation with National Park Service staff. The study found
that these properties meet the criteria established by the
National Park Service for addition of land to units of the
National Park System. In this case, these lands represent an
unparalleled opportunity to include within the recreation area
lands of exceptional natural, scenic, and recreational value.
The properties include many old trails and farm roads that
could be easily adapted to recreational use, which may become
the principal visitor activity within the area. In addition,
these lands will be of great value through their role in
protecting important wildlife habitat and maintaining the
integrity of scenic views. There are several options under
consideration for the long-term stewardship of these lands,
including partnership arrangements involving the National Park
Service, California State Parks, and POST.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog. We are also concerned about the
development and life cycle operational costs associated with
expansion of parks already included in the National Park
System. With that in mind, we expect that the costs of
acquiring the Corral de Tierra property would be shared between
the federal government, the State of California, and private
donations raised by POST, who acquired these lands in the
Spring of 2001 for $29.7 million. It is anticipated that the
Federal portion of the acquisition cost will be $15 million
with the remaining costs contributed locally by California
State Parks and POST. Funds to purchase this property would be
subject to NPS service-wide priorities and the availability of
appropriations.
The Devil's Slide parcels, associated with the Caltrans
project, would be acquired only though donation.
Since protection of these lands will be through a
partnership with California State Parks and POST, it is
anticipated that the National Park Service will only be
responsible for a portion of the operating costs. The life
cycle costs of maintaining these additions will be moderate, as
these lands contain few buildings or structures and we do not
anticipate major development of facilities. These lands will be
used for low impact recreation, such as hiking and biking.
Therefore, we anticipate most of the future upkeep of these
lands will include trail and fire road maintenance, minimal new
trail construction, trail signage and resource protection.
These costs will be leveraged with funding from the private
sector.
Although GGNRA's general management plan does not address
these areas, it is anticipated that these lands will be less
heavily impacted than other areas of the park, such as Marin
Headlands and Muir Woods. Adding to that the steepness of the
terrain, recreation will be confined to the lower portions of
the land.
S. 941 also extends the term of the advisory commission for
the recreation are until December 31, 2002. The advisory
commission was established by the same law that created the
recreation area and serves to provide for the free exchange of
ideas between the National Park Service and the public. The law
provided a 30-year term for the commission, which expires on
December 31, 2002. S. 941 extends the term for another 20
years.
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 S. 941, 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 92-589
AN ACT To establish the Golden Gate National Recreation Area in the
State of California, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
ESTABLISHMENT
Section 1. * * *
* * * * * * *
COMPOSITION AND BOUNDARIES
Sec. 2. [The recreation area shall comprise] (a) (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 subchapter, 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 purpose of
this subchapter, 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, 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. The recreation area
shall also include the lands and waters in San Mateo County
generally depicted on the map entitled ``Seweney 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 102-299);
(D) land generally depicted on the map
entitled ``Additions to Golden Gate National
Recreation Area'', number 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) There is hereby established the Golden Gate
National Recreation Area Advisory Commission (hereinafter
referred to as the ``Commission'').
* * * * * * *
(g) The Commission shall cease to exist [thirty years after
the enactment of this Act] on December 31, 2012.
* * * * * * *