[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

                                _______
                                

               September 28, 2004.--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 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.

                                  
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