[Senate Report 108-65]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 129
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-65
======================================================================
 
                 SAN GABRIEL RIVER WATERSHED STUDY ACT

                                _______
                                

                  June 9, 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 H.R. 519]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 519) to authorize the Secretary of the 
Interior to conduct a study of the San Gabriel River Watershed, 
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. 519 is to direct the Secretary of the 
Interior, in consultation with other management and government 
entities, to conduct a special resource study of portions of 
the San Gabriel River and its tributaries, and the San Gabriel 
Mountains in southern California, and provide recommendations 
for the future coordinated management, protection, and 
enhancement of these resources.

                          BACKGROUND AND NEED

    H.R. 519 directs a special resource study of portions of 
the San Gabriel River and the San Gabriel Mountains to 
determine whether they meet the criteria for addition to the 
National Park System, and offer alternative recommendations for 
their protection. The San Gabriel River Watershed runs south 
from the San Gabriel Mountains through a heavily urbanized part 
of Los Angeles County.
    The study area includes the San Gabriel River and its 
tributaries north of Santa Fe Springs, and a portion of the San 
Gabriel Mountains that lies within the jurisdiction of the San 
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. 
The study would assess low-impact recreation and educational 
uses, access to urban open space, habitat quality, wildlife and 
habitat restoration and protection, and watershed improvements 
within that area.
    The watershed of the San Gabriel River contains important 
natural resources, which are disappearing throughout Los 
Angeles County. Continuous greenbelt corridors provided by the 
river serve as habitat for breeding, feeding, resting or 
migrating birds and mammals, which allows migration to take 
place through developed areas.
    The area has a rich cultural heritage, which is evident by 
the large number of historically significant properties within 
the proposed study area. Among them is the Mission San Gabriel 
Archangel, founded in 1771 by the Spanish missionaries who were 
moving up the coast of California.
    In addition, the river corridors provide important 
recreational opportunities, with an estimated 8 million 
recreational visits each year. The study will look at 
opportunities for establishing recreational trails between the 
natural areas and the communities in the region.

                          LEGISLATIVE HISTORY

    H.R. 519 was introduced by Representative Solis on January 
31, 2003 and passed the House of Representatives by a voice 
vote on March 19, 2003. Companion legislation, S. 630, was 
introduced by Senator Boxer on March 17, 2003. The Subcommittee 
on National Parks held a hearing on H.R. 519 and S. 630 on May 
13, 2003. During the 107th Congress, the Committee reported a 
similar measure, S. 1865. The text of S. 1865 was included as 
an amendment to S. 941, which was passed by the Senate on 
November 19, 2002.
    At the business meeting on May 21, 2003, the Committee on 
Energy and Natural Resources ordered H.R. 519 favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 2003, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 519 as 
described herein.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 designates the title as the ``San Gabriel River 
Watershed Study Act''.
    Section 2(a) directs the Secretary of the Interior to 
conduct a special resource study of the San Gabriel River and 
tributaries north of Santa Fe Springs and certain portions of 
the San Gabriel Mountains.
    Subsection (b) states that section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and 
completion of the study.
    Subsection (c) directs the Secretary of the Interior to 
conduct the study in consultation with the San Gabriel and 
Lower Los Angeles Rivers and Mountains Conservancy and other 
Federal, State and local government entities.
    Subsection (d) identifies considerations in conducting the 
study and its self explanatory.
    Section 3 provides that a report on the findings, 
conclusions, and recommendations of the study be submitted to 
the Committee on Energy and Natural Resources of the Senate and 
the Committee on Resources of the House of Representatives 
within 3 fiscal years from the date on which funds are made 
available.

                   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, May 27, 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 H.R. 519, the San 
Gabriel River Watersheds Study Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 519--San Gabriel River Watersheds Study Act

    H.R. 519 would direct the Department of the Interior to 
conduct a special resource study of the San Gabriel Mountains 
and the San Gabriel River and its tributaries. The act would 
direct the department to specifically consider the flood 
control, drainage, and wastewater treatment needs of the 
region. H.R. 519 would require the department to report its 
findings and recommendations within three years of receiving 
funding for the study.
    Assuming the availability of appropriated funds, CBO 
estimates that it would cost less than $500,000 over the next 
three years to complete the required study and report. Enacting 
this legislation would not affect direct spending or revenues.
    H.R. 519 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.
    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 H.R. 519. 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. 519, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On, May 12, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 519. These reports had 
not been received at the time the report on H.R. 519 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. The testimony provided by the National Park 
Service at the Subcommittee hearing follows:

Statement of Sue Masica, Associate Director, Park Planning, Facilities, 
      and Lands, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department's views on S. 630 and H.R. 519. These bills, which 
are virtually identical, would authorize the Secretary of the 
Interior to conduct a special resource study of the San Gabriel 
river Watershed in Southern California. H.R. 519 passed the 
House on March 19, 2003.
    Special resource studies assess resources in the study 
area, determine whether they meet the criteria for addition to 
the National Park System, and offer alternative recommendations 
for their protection. S. 630 and H.R. 519 would authorize the 
study of the San Gabriel River Watershed, which runs south from 
the San Gabriel Mountains through a heavily urbanized part of 
Los Angeles County. The Department supports studying this area. 
However, because the study area includes a significant amount 
of United States Forest Service lands, we believe that the bill 
should be amended to authorize a joint study with the 
Department of Agriculture.
    At first glance, many may view this river as simply a 
concrete-lined ditch, however, it provides an important 
opportunity for low-impact recreation for many urban residents. 
Several successful efforts have already been undertaken to 
provide bikeways and hiking areas along the banks of the San 
Gabriel. Additionally, small tracts of green space have been 
acquired to provide playgrounds, picnic areas, bicycling and 
walking trails. Native vegetation has been restored, repairing 
habitats and beautifying the landscape in many areas.
    The study area specified by S. 630 and H.R. 519 includes 
the San Gabriel River and its tributaries north of and 
including Santa Fe Springs, and the portion of the San Gabriel 
Mountains that lie within the jurisdiction of the San Gabriel 
and Lower Los Angeles Rivers and Mountains Conservancy (RMC). 
The study would assess low-impact recreation and educational 
uses, access to urban open space, habitat quality, wildlife and 
habitat restoration and protection, and watershed improvements 
within that area.
    The watershed of the San Gabriel River contains important 
natural resources, which are disappearing throughout Los 
Angeles County. Continuous greenbelt corridors provided by the 
river serve as habitat for breeding, feeding, resting or 
migration birds and mammals, which allows migration to take 
place through developed areas. The rugged terrain of the higher 
reaches of the watershed contains different habitats including 
rock outcroppings and vegetation native to the Pacific coast 
foothills.
    This area also has a rich cultural heritage, which is 
evident by the large number of historically significant 
properties within the proposed study area. Among them is the 
Mission San Gabriel Archangel, founded in 1771 by the Spanish 
missionaries who were moving up the coast of California.
    The San Gabriel River Watershed contains part of the 
Angeles National Forest and several state, county and local 
parks. The proposed study would look at opportunities for 
establishing recreational trails between these natural areas 
and the communities in the region. The estimated cost of the 
study is $375,000. In FY 2003, about $1 million was provided 
for special resource studies. There are 29 studies previously 
authorized by Congress that are being funded from the special 
resource study budget, nearly half of which will have at least 
some funding needs beyond FY 2003. We transmitted 6 special 
resource studies to Congress in FY 2002, and we expect to 
transmit about 15 this fiscal year or early next fiscal year. 
Our highest priority is to complete pending studies, though we 
expect to start newly authorized studies as soon as funds are 
made available.
    Recognizing the limitation of federal resources for 
acquiring and managing land, the study would have to examine a 
number of alternatives for protecting resources in the area. 
Alternatives to federal management of resources that are often 
considered in a special resource study for this type of area 
include national trail designations, national heritage area 
designations, and the provision of technical assistance to 
state and local governments for conservation of rivers, trails, 
natural areas, and cultural resources. A study of an area where 
land ownership and jurisdictional boundaries are as complex as 
they are in the San Gabriel River Watershed would likely 
emphasize public-private partnerships.
    In conducting this study, the National Park Service would 
work closely with the RMC, which was established in 1999 as an 
independent agency within the Resources Agency of the State of 
California. The RMC has brought diverse groups together to work 
in partnership to protect the valuable resources within the 
area under their jurisdiction.
    Consideration of the issues and options available for 
protecting resources in a large, heavily populated area with 
stakeholders at all levels of government calls for extensive 
public meetings, comment periods, and analysis. On April 8, 
2003, the Senate passed S. 347, which would authorize a study 
of the Rim of the Valley Corridor, also in the Los Angeles 
metropolitan area. That proposed study and the proposed San 
Gabriel River Watershed study, both of which would affect 
large, diverse constituencies, would be similar studies 
conducted in relative close proximity. If both bills are 
enacted in a close timeframe, the National Park Service would 
want to coordinate the two studies to achieve efficiencies in 
costs and staff resources, and to minimize public confusion.
    Mr. Chairman, this concludes my testimony. I would be glad 
to answer any questions you 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. 519, as 
ordered reported.

                                
