[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.

           *       *       *       *       *       *       *


                                
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