[House Report 108-605]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-605

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



 
PROVIDING FOR NECESSARY IMPROVEMENTS TO FACILITIES AT YOSEMITE NATIONAL 
                      PARK, AND FOR OTHER PURPOSES

                                _______
                                

 July 14, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2715]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2715) to provide for necessary improvements to facilities 
at Yosemite National Park, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2715 is to provide the necessary 
improvements to facilities at Yosemite National Park.

                  BACKGROUND AND NEED FOR LEGISLATION

    On December 29, 2000, the National Park Service signed a 
Record of Decision (ROD) for the Yosemite Valley Plan/Final 
Environmental Impact Statement, which provides for managing 
natural and cultural resources, facilities, and visitor 
experiences in Yosemite National Park for the next decade. 
Congressman George Radanovich (R-CA) has continued to voice his 
displeasure with the ROD as it relates to the number of 
campsites and day-use parking spaces in the Yosemite Valley. On 
April 22, 2002, the Subcommittee on National Parks, Recreation 
and Public Lands held an oversight hearing at Yosemite National 
Park on the implementation of the Yosemite Valley Plan. The 
National Park Service presented the Subcommittee with a status 
report on the number of ongoing projects associated with the 
Yosemite Valley Plan. Meanwhile, prior to the hearing, 
Congressman Radanovich requested that the National Park Service 
develop engineering estimates for rebuilding some of the 
campgrounds in Yosemite Valley that were damaged by the January 
1997 flood of the Merced River. The study assessed 
reconstructed campsites in the Lower Pines and Upper River and 
Lower River campground areas. The report concluded that based 
on a 150-foot River Protection Overlay as mandated by the 
Merced River Plan, three campground areas could accommodate 
approximately 144 campsites compared with the 361 campsites 
that were in existence prior to the 1997 flood. The Yosemite 
Valley Plan calls for only 50 additional campsites to be 
reconstructed. During the course of the hearing, Congressman 
Radanovich asked the National Park Service if it could reopen 
the Yosemite Valley Plan to address only the campsite and day-
use parking issues. The Service responded that it could not. It 
would be required to reopen the entire Plan.
    In response, Congressman Radanovich introduced H.R. 2715 to 
direct the Secretary of the Interior to plan and restore 
limited camping at Upper and Lower River campgrounds and 
construct the maximum number of parking spaces (day use) in and 
around Camp 6. Congressman Radanovich remains very concerned 
that without reinstating low-impact campsites, overnight stays 
in the Valley will become an option only for the more affluent 
visitor. In addition, H.R. 2715 also would: (1) allow essential 
park facilities to be located outside Yosemite National Park, 
including administrative and visitor use facilities, and to 
cooperate and participate with local governments during the 
process, for which the Administration expressed its support; 
(2) provide for contracting with Yosemite Area Regional 
Transportation System for employee and concession employee 
transportation to and from the park; (3) remove the LeConte 
Memorial Lodge from the park and restore the grounds of the 
Lodge site; and (4) prohibit the implementation of an out-of-
valley shuttle system using remote parking facilities.

                            COMMITTEE ACTION

    H.R. 2715 was introduced on July 14, 2003, by Congressman 
George Radanovich (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to 
theSubcommittee on National Parks, Recreation and Public Lands. On July 
22, 2003, the Subcommittee held a hearing on the bill. On October 21, 
2003, the Subcommittee met to mark up the bill. No amendments were 
offered and the bill was then forwarded to the Full Resources Committee 
by voice vote. On October 29, 2003, the Full Resources Committee met to 
consider the bill. No amendments were offered and the bill was then 
ordered favorably reported to the House of Representatives by a roll 
call vote of 21 to 20, as follows:


            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.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grants 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. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    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, spending 
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 received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 9, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2715, a bill to 
provide for necessary improvements to facilities at Yosemite 
National Park.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 2715--A bill to provide for necessary improvements to facilities 
        at Yosemite National Park

    Summary: H.R. 2715 would establish development priorities 
for the Yosemite National Park in California. The bill would 
direct the National Park Service (NPS) to use funds made 
available through donations, user fees, or appropriations 
(including previously appropriated amounts) to carry out 
specified development priorities. Finally, H.R. 2715 would 
encourage the NPS to use public-private partnerships to provide 
housing for park and concessionaire employees, a major priority 
under both current park policy and the legislation.
    CBO estimates that enacting H.R. 2715 would have no 
significant net impact on the federal budget over the next 10 
years. Most of the projects specified in the bill are already 
considered park priorities by the NPS and are authorized to be 
implemented using previously appropriated funds or amounts that 
may be made available in future appropriation acts. 
Implementing three new projects specified by the bill could 
cause the NPS to reprogram about $15 million of funds 
previously appropriated for other Yosemite priorities, but we 
expect that this would cause little or no change in the timing 
of expenditures.
    H.R. 2715 would not have a significant effect on revenues 
or direct spending (including offsetting receipts). CBO 
estimates that enacting the bill would have no impact on the 
spending of park donations or fees because such collections are 
already available for expenditure without further 
appropriation.
    This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: H.R. 2715 would 
address development needs for Yosemite National Park, including 
the construction of visitor and employee facilities and the 
restoration of park resources damaged by severe flooding in the 
late 1990s. In order to accomplish these and other park goals, 
the most recent versions of the Yosemite general management 
plan (GMP), the Yosemite Valley Plan, and other policy 
documents call for more than 200 separate projects to be 
accomplished over 20 years at a cost of more than $400 million. 
Because of continuing controversy and litigation over the level 
of development acceptable to local groups and environmental 
organizations, there has been little progress on these plans, 
and recent court decisions in the debate may delay 
implementation of these plans indefinitely. CBO estimates that 
enacting the bill would have little or no impact on the level 
or timing of federal expenditures to develop Yosemite.

Development priorities

    H.R. 2715 would direct the NPS to allocate funds available 
for Yosemite (including previously appropriated amounts) for 
specific priorities: constructing certain campgrounds and 
employee housing, removing an existing facility, developing 
parking, transportation, and traffic management services, and 
assisting in local land planning efforts. Most of these 
projects have already been established as park priorities under 
the GMP and Yosemite Valley Plan and will be carried out under 
existing authority using funds provided by previous or future 
appropriations.
    Three of the specified projects, however, represent new 
legislative priorities that would otherwise not be implemented 
under existing authority (because those projects have been 
found to be inconsistent with existing park plans). We estimate 
that carrying out these projects--rebuilding the upper and 
lower river campgrounds and removing the Le Conte Memorial--
would cost about $15 million. Under H.R. 2715, the NPS could 
reprogram previously appropriated development funds for these 
new purposes. CBO expects, however, that implementing the new 
projects would occur at the same pace as spending on existing 
priorities, so any net effect on federal spending over the next 
10 years would be negligible.

Employee housing provisions

    H.R. 2715 also would address the ongoing shortage of 
housing for concessionaire staff and federal employees at 
Yosemite, primarily by directing the NPS to enter into 
partnerships with private entities whenever possible. To 
facilitate the execution of such agreements withoffsite 
developers, the bill would waive an existing statutory limitation on 
the value of occupancy guarantees that the agency may offer. CBO 
estimates that enacting these provisions would have no significant 
impact on the federal budget because they would not change the agency's 
ability to use public-private partnerships.
    Current NPS plans for Yosemite call for constructing or 
renovating more than 2,000 housing units (beds) for federal and 
concessionaire employees. CBO estimates that building the 
necessary units within or near the park will cost over $200 
million over the next 10 years, assuming appropriation of the 
necessary amounts. (Of this amount, $27 million has already 
been appropriated for a dormitory within park boundaries.)
    The NPS is already authorized to construct needed housing 
or acquire it through lease-purchase, rental agreements, and 
other arrangements with private partners--subject to 
appropriation in advance of the amounts necessary to cover all 
federal contractual obligations. In conjunction with these 
partnerships, the agency may also guarantee the occupancy of up 
to 75 percent of the units provided under contract, provided 
that the total value of all outstanding NPS guarantees does not 
exceed $3 million. This guarantee is also subject to the 
availability of appropriated funds for the full cost of any 
federal commitment. The NPS has been unable to use these 
financing mechanisms at Yosemite because market conditions and 
other factors--most notably the limited scale of individual 
projects, scarcity of appropriated funds, and constraints on 
potential rental rates--make it unlikely that any partnership 
would be profitable for a private developer.
    Intergovernmental and private-sector impact: This 
legislation contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; and 
Impact on the Private Sector: Patrice Gordon.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    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

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

    We are strongly opposed to H.R. 2715. This legislation 
would make significant and controversial changes to the 
approved plans for the preservation and use of Yosemite 
National Park, one of the crown jewels of our National Park 
System.
    H.R. 2715 is micro management at its worst. The bill would 
dictate campsite locations and parking spaces and direct the 
removal of a National Historic Landmark from the park. Even the 
Bush Administration has recognized the shortsighted and 
divisive nature of these provisions and has testified against 
them.
    The Yosemite Valley Plan is a far-reaching public document 
that was developed over a long period of time with considerable 
public input. Adhering to legislative and legal requirements, 
the National Park Service (NPS) held numerous public hearings 
and meetings, undertook all necessary National Environmental 
Policy Act (NEPA) analyses, and completed a plan for the Valley 
that has withstood legal challenges from all sides.
    It should come as no surprise that H.R. 2715 has generated 
significant interest and concern from numerous individuals and 
organizations. Many of the provisions of the bill run directly 
counter to the Yosemite Valley Plan.
    The Administration testimony on H.R. 2715 pointed out the 
numerous problems with the legislation, none of which were 
addressed by the Resources Committee. The legislations's 
passage by a single vote in Committee is evidence of its 
controversial nature.
    As an example of the problems with H.R. 2715 is the bill's 
direction to remove the LeConte Memorial, a National Historic 
Landmark, from the park. This provision is opposed by the 
Administration and numerous individuals and organizations see 
it as a misplaced attempt to send a message to the Sierra Club, 
which offers public programs in the building.
    We in Congress can do many good things but dictating 
parking spaces and campsites and moving National Historic 
Landmarks are not among them. As NPS Director Mainella has 
noted, you cannot reopen portions of the plan without affecting 
other aspects. If we were to go down this road, the end result 
would be to unravel the Yosemite Valley Plan, with the Valley 
being no better off than when we started.
    Instead of proceeding with controversial and divisive 
legislation, we should be focusing our efforts on seeing that 
the approved Yosemite Valley Plan is carried out in a careful 
and deliberate manner. H.R. 2715 will hinder what is in the 
long-term interest of both the park and its visitors and we 
must therefore oppose the legislation.

                                   Nick Rahall.
                                   Edward J. Markey.
                                   Mark Udall.
                                   Raul M. Grijalva.
                                   Betty McCollum.
                                   Jay Inslee.

                                  
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