[Senate Report 108-378]
[From the U.S. Government Publishing Office]
Calendar No. 737
108th Congress Report
SENATE
2d Session 108-378
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JOHN MUIR NATIONAL HISTORIC SITE BOUNDARY ADJUSTMENT ACT
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September 28, 2004.--Ordered to be printed
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Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3706]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 3706) to adjust the boundary of the John
Muir National Historic Site, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 3706 is to authorize the Secretary of
the Interior to acquire 0.2 acres of land adjacent to the John
Muir National Historic Site and to adjust the boundary of the
historic site to include the newly acquired land. The acquired
land is to be developed as a parking lot to improve access to
the historic site.
BACKGROUND AND NEED
The home of John Muir, noted naturalist and a founder of
the Sierra Club, became a National Historic Site in 1964 (78
Stat. 753; 16 U.S.C. 461 note). The home is located in
Martinez, California, approximately 32 miles northeast of San
Francisco. The John Muir National Historic Site (Historic Site)
preserves the Victorian residence, the historic Martinez adobe,
Mt. Wanda, and a part of the fruit ranch where John Muir lived
from 1890 until his death in 1914. While living in Martinez,
Muir laid the foundation for the creation of the National Park
Service in 1916.
The Historic Site provides valuable open space for the San
Francisco Bay area and includes the John Muir Nature Trail,
abundant bird life, and scenic vistas of the Carquinez straits.
John Muir's nearby grave site was acquired by the National Park
Service in 2000.
In 1988, Congress authorized an expansion of the Historic
Site which included a 3.3-acre parcel of land owned by the city
of Martinez, California. The area was donated by the city to
the National Park Service for inclusion in the Historic Site.
In 1991, the general management plan for the Historic Site
proposed that the acquired land be developed as a visitor
parking area and maintenance facility. A boundary survey of the
Historic Site was conducted in 1994. The survey indicated that
a small triangle of land (approximately 0.2 acres or 9500
square feet) was found to be outside of the parcel donated by
the city of Martinez. Further investigation by the National
Park Service found that no one was listed with the county tax
assessor parcel number, and thus no taxes had been collected or
paid on the 0.2 acre since the 1960s.
Without issuance of a clear title for the 0.2-acre parcel,
development cannot proceed on the parking lot expansion and
maintenance facility. H.R. 3706 would authorize the acquisition
of the land so that the parking facility may be constructed.
LEGISLATIVE HISTORY
H.R. 3706 was introduced by Representative George Miller on
January 20, 2004. Similar legislation, S. 2397, was introduced
by Senators Boxer and Feinstein on May 10, 2004. H.R. 3706 was
favorably reported by the House Resources Committee on May 5,
2004 (H. Rept. 108-555) and passed the House of Representatives
by a voice vote on June 21, 2004. The Committee on Energy and
Natural Resources' Subcommittee on National Parks held a
hearing on S. 2397 and H.R. 3706 on July 15, 2004. At the
business meeting on September 15, 2004, the Committee on Energy
and Natural Resources ordered H.R. 3706 favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in an open
business session on September 15, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass H.R.
3706.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles this bill the ``John Muir National
Historic Site Boundary Adjustment Act.''
Section 2 defines key terms used in the Act.
Section 3(a)(1) authorizes the Secretary of the Interior
(Secretary) to acquire the land or interests in land as
depicted on the map described in section 2(b).
Paragraph (2) allows the land described in paragraph
3(a)(1) to be acquired by donation, purchase from a willing
seller or through exchange. The land may be acquired with
donated or appropriated funds.
Subsection (b) requires that the John Muir National
Historic Site (Historic Site) boundary be adjusted to include
the newly acquired land.
Subsection (c) requires the Secretary to administer any
land acquired under subsection (b) as a part of the Historic
Site and in accordance with any applicable laws.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.
H.R. 3706--John Muir National Historic Site Boundary Adjustment Act
H.R. 3706 would adjust the boundary of the John Muir
National Historic Site and authorize the National Park Service
(NPS) to acquire the added 0.2-acre parcel of land by purchase,
donation, or exchange. Based on information provided by the
NPS, we expect the agency to condemn the small tract to
establish its current ownership, which is unknown. Depending on
the outcome of the condemnation proceeding, CBO expects that
the NPS would then: (1) annex the property without further cost
to the government (if no owner is located), (2) accept donation
of the tract (if the owner is another government agency), or
(3) purchase the property (if a private owner is located). CBO
estimates that the cost of acquiring the property would be less
than $50,000, assuming availability of appropriated funds.
Enacting H.R. 3706 would not affect revenues or direct
spending.
CBO has generally found that when legislation is expected
to result in condemnation of property, it contains a mandate,
as defined in the Unfunded Mandates Reform Act (UMRA). In this
case, however, because the NPS cannot identify the current
owner of the parcel, CBO cannot determine whether this mandate
would fall on a government, on the private sector, or on both.
Based on information provided by the NPS, CBO estimates that
the value of the property is less than $50,000, so the cost
would be well below the thresholds established in UMRA. (The
thresholds in 2004 are $60 million and $120 million per year,
respectively, for intergovernmental and private-sector
mandates, adjusted annually for inflation.)
On May 13, 2004, CBO transmitted a cost estimate for H.R.
3706 as ordered reported by the House Committee on Resources on
May 5, 2004. The two versions of the legislation are identical,
as are the estimated costs.
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs), Marjorie Miller (for the state and local
impact), and Selena Caldera (for the private-sector impact).
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 H.R. 3706.
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 H.R. 3706.
EXECUTIVE COMMUNICATIONS
On July 6, 2004, 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. 3706. These
reports had not been received when this report was filed. The
testimony provided by the Department of the Interior at the
Subcommittee hearing on H.R. 3706 follows:
Statement of A. Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 2397 and H.R. 3706, bills to adjust the
boundary of the John Muir National Historic Site.
The Department supports enactment of this legislation,
which was submitted to Congress as an Administration proposal
last year. Passage of the legislation would enable the National
Park Service to fulfill one of the General Management Plan
objectives for the park by facilitating construction of a
visitor parking area. As explained later in the testimony, we
recommend that the committee approve H.R. 3706 rather than S.
2397.
John Muir National Historic Site was established in 1964 by
Public Law 88-547 in recognition of John Muir's efforts as a
conservationist and a crusader for national parks and
reservations. The site includes the home where John Muir lived
from 1890 until his death in 1914, the historic Martinez adobe,
Mt. Wanda, and the Muir gravesite. Included in the 1988
boundary expansion (Public Law 100-563) that added Mt. Wanda to
the park was a 3.3-acre parcel owned by the city of Martinez.
Following passage of the legislation, the city donated the
parcel to the National Park Service to be administered as part
of the national historic site.
At the time of the transfer, both city and National Park
Service staff believed that the 3.3-acre parcel, located
between the south side of Franklin Canyon Road and the Santa Fe
Railroad line, encompassed all of the land between the street
and the railroad line. However, in 1994, while surveying the
area, the National Park Service discovered that a 0.2-acre
(9,500 square foot) tract abutting the south edge of the road
had not been part of the parcel donated by the city.
Furthermore, it was determined that no one was listed as the
owner of the tract with the county tax assessor, that it lacked
a tax assessor parcel number, and that no taxes had been
collected or paid on the parcel since the 1960's. All efforts
to trace the ownership of the property have been unsuccessful.
This 0.2-acre parcel is needed for a new 32-car/2-bus
visitor parking area, as called for by the park's 1991 General
Management Plan. The park's existing 17-space parking area
regularly fills to capacity, causing visitor parking to
overflow onto the adjoining neighborhood streets. The city of
Martinez has sought the additional off-street visitor parking
to respond to residents' concerns. Construction of the parking
area is estimated to cost about $200,000, and funds from the
National Park Service's Recreation Fee Demonstration Program
(the 20 percent fund for which non-fee-collecting parks are
eligible) have been set aside for this purpose. Because of the
steep terrain of the area, there are no suitable alternatives
within the boundary for a parking lot that excludes this 0.2-
acre tract. Work cannot proceed on the parking lot until the
park acquires the tract.
Despite the tiny size of this parcel, the National Park
Service cannot use minor boundary adjustment authority under 16
U.S.C. 460l-9 to add the property to the boundary. One of the
criteria for use of that authority is that the National Park
Service obtain written consent from the owner of the affected
property. In this case, as mentioned previously, the owner
cannot be located.
Both S. 2397 and H.R. 3706 provide for adoption of a new
boundary map that places the 0.2-acre parcel in question within
the boundary of the John Muir National Historic Site, and both
authorize the Secretary of the Interior to acquire the tract
and administer it as part of the park. However, S. 2397
provides for acquisition only from a willing seller. Since the
owner cannot be located, we anticipate acquiring title through
condemnation, which S. 2397 would not allow. H.R. 3706 does not
include a ``willing seller'' provision and therefore would
allow acquisition through condemnation. For that reason, we
urge the committee to approve H.R. 3706, which was passed by
the House on June 21, rather than S. 2397.
Mr. Chairman, that concludes my statement. I would be happy
to answer any questions you or other 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, the Committee notes that no
changes in existing law are made by the Act H.R. 3706, as
ordered reported.