[Senate Report 108-99]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 207
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-99

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                  LEWIS AND CLARK INTERPRETIVE CENTER

                                _______
                                

                 July 11, 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. 255]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 255) to authorize the Secretary of the 
Interior to grant an easement to facilitate access to the Lewis 
and Clark Interpretive Center in Nebraska City, Nebraska, 
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. 255 is to authorize the Secretary of 
the Interior to grant an easement to Otoe County, Nebraska, to 
allow for the construction of an access road to the Lewis and 
Clark Interpretive Center in Nebraska City, Nebraska.

                          BACKGROUND AND NEED

    Congress has authorized the construction of several visitor 
centers in conjunction with the bicentennial anniversary of the 
Lewis and Clark Voyage of Discovery. One of the centers is 
located in Nebraska City. The National Park Service has already 
begun construction of the visitor center.
    Costs of constructing and maintaining the road will be paid 
for by Otoe County, Nebraska. In order to begin construction, 
the Secretary of the Interior must grant an easement to the 
county. The National Park Service lacks the requisite authority 
to cede a road right-of-way. H.R. 255 grants this authority.

                          LEGISLATIVE HISTORY

    H.R. 255 was introduced by Representative Bereuter on 
January 8, 2003 and was passed by the House of Representatives 
by voice vote on May 14, 2003. The Subcommittee on National 
Parks held a hearing on H.R. 255 on June 10, 2003.
    At the business meeting on June 25, 2003, the Committee on 
Energy and Natural Resources ordered H.R. 255 favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 25, 2003, by unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 255.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 authorizes the Secretary of the Interior to grant 
an easement to Otoe County, Nebraska, for the purpose of 
constructing and maintaining an access road between the Lewis 
and Clark Interpretive Center and two state roads.
    Section 2 states that no funds from the Department of the 
Interior may be used to fund the design, construction, 
maintenance, or operation of the access road.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 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. 255, an act to 
authorize the Secretary of the Interior to grant an easement to 
facilitate access to the Lewis and Clark Interpretive Center in 
Nebraska City, Nebraska.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 255--An act to authorize the Secretary of the Interior to grant an 
        easement to facilitate access to the Lewis and Clark 
        Interpretive Center in Nebraska City, Nebraska

    CBO estimates that H.R. 255 would have no significant 
impact on the federal budget. Enacting the bill would not 
affect direct spending or revenues.
    H.R. 255 would authorize the Secretary of the Interior to 
grant an easement to Otoe County, Nebraska. The easement would 
allow the county to build and maintain a road between the Lewis 
and Clark Interpretive Center in Nebraska City and certain 
nearby roads. Based on information from the Department of the 
Interior, CBO estimates that granting the proposed easement 
across federal lands would not affect offsetting receipts (a 
credit against direct spending) or the department's costs to 
manage those lands.
    H.R. 255 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. 
Any costs incurred by Otoe County to construct or maintain this 
access road would be voluntary.
    The CBO staff contact for this estimate is Megan Carroll. 
This 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. 255. 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. 255, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May 29, 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 H.R. 255. These 
reports had not been received at the time the report on H.R. 
255 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 by D. Thomas Ross, Assistant Director, Recreation and 
    Conservation, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on H.R. 255, a bill to 
authorize the Secretary of the Interior to grant an easement to 
facilitate access to the Lewis and Clark Interpretive Center.
    The Department supports H.R. 255 as passed by the House. 
The bill would grant an easement by the National Park Service 
(NPS) to Otoe County, Nebraska for the construction and 
maintenance of an access road from state and county roads to 
the Lewis and Clark Interpretive Trails and Visitors Center in 
Nebraska City, Nebraska. The design, construction, and 
maintenance of the access road is to be done at no expense to 
the Federal government.
    The Lewis and Clark Interpretive Center is currently under 
construction. It is scheduled to be completed in early 2004 
with the grand opening set for July 30, 2004. This coincides 
with the Lewis and Clark signature event in Nebraska. The 
center will display the flora and fauna documented by the Lewis 
and Clark expedition across the country. The NPS recommended 
that the center be located in Nebraska City in 1991. That same 
year, the Park Service acquired a 65-acre track of land for the 
center, a site adjacent to Nebraska City, Nebraska.
    H.R. 255 would facilitate the granting of an easement 
necessary to create an access road across public land to link 
the center to the main roads in the area. NPS would grant the 
easement to the Otoe County government so that the county can 
construct and maintain the road to the visitor center. When 
completed, this access road would provide the access from both 
Nebraska State Highway 2 and Otoe County Road 67 for those 
visitors to the Missouri River Basin Lewis & Clark Interpretive 
Trails and Visitors Center. The bicentennial commemoration of 
the Lewis and Clark Corps of Discovery is expected to draw 
millions of Americans to sites along the trail over the next 
several years. This new center, a permanent facility, will be 
one of the stops many will make along the trail.
    Mr. Chairman, this concludes my prepared testimony. I would 
be happy to answer any questions you or your committee 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. 255, as 
ordered reported.

                                
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