[Senate Report 108-15]
[From the U.S. Government Publishing Office]
Calendar No. 27
108th Congress Report
SENATE
1st Session 108-15
======================================================================
RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY
ADJUSTMENT ACT
_______
March 5, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 302]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 302) to revise the boundaries of the
Golden Gate National Recreation Area in the State of
California, to restore and extend the term of the advisory
commission for the recreation area, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 302 is to provide for the acquisition of
approximately 4,762 acres of land for addition to the Golden
Gate National Recreation Area in the State of California, to
restore and extend the term of the advisory commission for the
recreation area for ten years, and for other purposes.
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 expended 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. 302 would expand the GGNRA boundaries to include
approximately 4,762 acres in San Mateo County, known generally
as the ``Rancho Corral de Tierra'' property. 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. 320 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 an 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 manzanita 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. 302 was introduced by Senators Feinstein and Boxer on
February 5, 2003. Similar legislation, S. 941, was introduced
by Senator Feinstein during the 107th Congress on May 23, 2002.
The Subcommittee on National Parks held a hearing on S. 941 on
July 26, 2001. At it business meeting on August 2, 2001, the
Committee on Energy and Natural Resources ordered S. 941
favorably reported with amendments. S. 941 passed the Senate by
unanimous consent on October 17, 2001. The House of
Representatives passed the bill amended with several unrelated
measures on September 24, 2002. The Senate agreed to the House
amendment with an additional amendment on November 19, 2002.
At the business meeting on February 26, 2003, the Committee
on Energy and Natural Resources ordered S. 302 favorably
reported.
The Committee on Energy and Natural Resources, in open
business session on February 26, 2003, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 302 as
described herein.
Section-by-Section Analysis
Section 1 titles the Act the ``Rancho Corral de Tierra
Golden Gate National Recreation Area Boundary Adjustment Act.''
Section 2(a) amends the enabling Act for the Golden Gate
National Recreation Area (Public Law 92-589; 16 U.S.C. 460bb-
1(a)) to include several parcels comprising approximately 4,500
acres of land, including properties known as ``Rancho Corral de
Tierra'' within the boundaries of the park. Lands and interests
in lands constituting the Devil's Slide Tunnel alternative, are
not included in the addition. The Secretary of the Interior is
directed to modify the boundary map entitled ``Rancho Corral de
Tierra Additions to the Golden Gate National Recreation Area''
to reflect the exclusion of the Devil's Slide Tunnel
alternative from 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 beginning on the date of enactment of this bill.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 5, 2003.
Hon. Pete V. Domenici,
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. 302, the Rancho
Corral de Tierra Golden Gate National Recreation Area Boundary
Adjustment Act.
If you with 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.
S. 302--Rancho Corral de Tierra Golden Gate National Recreation Area
Boundary Adjustment Act
S. 302 would modify the boundary of the Golden Gate
National (Recreation Area (GGNRA) in California. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing this legislation would cost the federal government
about $21 million over the next few years and $0.3 million
annually thereafter. Enactment of S. 302 would not affect
revenues or direct spending.
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. 302 would add to the GGNRA the 4,262-acre Rancho Corral
de Tierra and over 300 acres of property in the Devil's Slide
area. CBO estimates that the National Park Service (NPS) would
spend $15 million to purchase the Rancho Corral de Tierra from
the Peninsula Open Space Trust (POST), a local nonprofit
organization, which required the property in 2001 for $29.7
million. (We expect that the organization would recover the
balance of the land's purchase price from private and state
sources.) The cost of acquiring land within the Devil's Slide
area is less certain because formal property appraisals have
not yet been completed and because it is unclear how much of
this acreage might be acquired by the state of California for a
proposed highway diversion. CBO estimates that private lands
added to the NRA boundary that are not acquired by California
would be purchased by the NPS at a cost of about $5 million
over the next few years.
CBO estimates that the cost to develop the property
acquired under S. 302 would be about $0.5 million, and that
annual costs to administer the new lands would be $0.3 million.
S. 302 also would extend the term of the GGNRA's advisory
commission (which expired on December 31, 2002) for an
additional 10 years. The extension would have no significant
effect on the federal budget.
This estimate is based on information provided by the NPS,
POST, and local authorities. For this estimate, we have assumed
that all funds would be appropriated as necessary for land
acquisition, development, and ongoing expenses.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Robert A. Sunshine, 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. 302. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic 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. 302, as ordered reported.
Executive Communications
On February 26, 2003, 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. 302. These reports
had not been received at the time the report on S. 302 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate.
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. 302, 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
* * * * * * *
SEC. 2. COMPOSITION AND BOUNDARIES.
(a) Areas Included and Excluded.--
[The recreation area shall comprise] (1) Initial
lands.--The recreation area shall compromise 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
purposes 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, 166-101-12, 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
Recreational 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 lands.--In addition to the lands
described in paragraph (1), the recreation area shall
include the following:
(A) The parcels numbered by the Assessor of
Marin County, California, 119-040-04, 199-040-
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) 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.
(C) Lands acquired under the Golden Gate
National Recreation Area Addition Act of 1992
(16 U.S.C. 460bb-1 note; Public Law 102-299).
(D) Lands generally depicted on the map
entitled ``Additions to Golden Gate National
Recreation Area'', numbered NPS-80-076, and
dated July 2000/PWR-PLRPC.
(E) Lands generally depicted on the map
entitled ``Rancho Corral de Tierra Additions to
the Golden Gate National Recreation Area'',
numbered NPS-80,079C and dated January 2003,
except that lands and interests in lands
constituting the Devil's Slide Tunnel
alternative are not included in the recreation
area. The Secretary shall modify the boundary
map referred to in this subparagraph to reflect
the exclusion of such lands and interests in
lands.
(3) Acquisition limitation.--The Secretary may
acquire land described in paragraph (2)(E) only from a
willing seller.
* * * * * * *
(g) The Commission shall [cease to exist ten years after
the enactment of this Act.] terminate at the end of the 10-year
period beginning on the date of the enactment of the Rancho
Corral de Tierra Golden Gate National Recreation Area Boundary
Adjustment Act.