[House Report 110-737]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-737

======================================================================



 
            DOROTHY BUELL MEMORIAL VISITOR CENTER LEASE ACT

                                _______
                                

  July 8, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1423]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1423) to authorize the Secretary of the Interior 
to lease a portion of a visitor center to be constructed 
outside the boundary of the Indiana Dunes National Lakeshore in 
Porter County, Indiana, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. DOROTHY BUELL MEMORIAL VISITOR CENTER LEASE.

  (a) Short Title.--This section may be cited as the ``Dorothy Buell 
Memorial Visitor Center Lease Act''.
  (b) Memorandum of Understanding.--The Secretary of the Interior may 
enter into a memorandum of understanding to establish a joint 
partnership with the Porter County Convention, Recreation and Visitor 
Commission. The memorandum of understanding shall--
          (1) identify the overall goals and purpose of the Dorothy 
        Buell Memorial Visitor Center;
          (2) establish how management and operational duties will be 
        shared;
          (3) determine how exhibits, signs, and other information are 
        developed;
          (4) indicate how various activities will be funded;
          (5) identify who is responsible for providing site amenities;
          (6) establish procedures for changing or dissolving the joint 
        partnership; and
          (7) address any other issues deemed necessary by the 
        Secretary or the Porter County Convention, Recreation and 
        Visitor Commission.
  (c) Lease Agreement.--
          (1) Authorization.--After entering into a memorandum of 
        understanding in accordance with subsection (b), the Secretary 
        is authorized to enter into an agreement with Porter County 
        Convention, Recreation and Visitor Commission to lease space in 
        the Dorothy Buell Memorial Visitor Center, located on a site 
        south of the Indiana Dunes National Lakeshore boundary on IN 
        49, the principal north/south artery into the national 
        lakeshore, for use as a visitor center for Indiana Dunes 
        National Lakeshore.
          (2) Development of exhibits.--The Secretary may plan, design, 
        construct, and install exhibits in the leased space related to 
        the use and management of the resources at Indiana Dunes 
        National Lakeshore, at a cost not to exceed $1,500,000.
          (3) National lakeshore presence.--The Secretary may utilize 
        park staff from Indiana Dunes National Lakeshore in the leased 
        space to provide visitor information and education.

SEC. 2. INDIANA DUNES NATIONAL LAKESHORE.

  Section 19 of the Act entitled ``An Act to provide for the 
establishment of the Indiana Dunes National Lakeshore, and for other 
purposes'' (16 U.S.C. 460u-19) is amended--
          (1) by striking ``After notifying'' and inserting ``(a) After 
        notifying''; and
          (2) by adding at the end the following:
  ``(b) For purposes of subsection (a), lands may be considered 
contiguous to other lands if the lands touch the other lands, or are 
separated from the other lands by only a public or private right-of-
way, such as a road, railroad, or utility corridor.''.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to lease 
a portion of the Dorothy Buell Memorial Visitor Center for use 
as a visitor center for the Indiana Dunes National Lakeshore, 
and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 1423, as ordered reported, is to 
authorize the Secretary of the Interior to lease a portion of 
the Dorothy Buell Memorial Visitor Center for use as a visitor 
center for the Indiana Dunes National Lakeshore, and for other 
purposes.

                  Background and Need for Legislation

    Indiana Dunes National Lakeshore was established by 
Congress in 1966. The 15,067-acre park stretches for 25 miles 
along the shore of Lake Michigan in northwest Indiana, and 
receives over three million visitors each year.
    For nearly a decade, the National Lakeshore and the Porter 
County Convention, Recreation and Visitor Commission have 
worked together to replace older visitor centers that are far 
from the main transportation routes.
    In 2003, the park and Porter County began the process to 
build a new visitor facility at the intersection of the two 
main routes leading into the park. The Dorothy Buell Memorial 
Visitor Center was dedicated at the end of November 2006. 
During the center's first year of operation, visitation 
increased by 24% over visitation levels at the older NPS 
visitor center.
    H.R. 1423 permits the Secretary of the Interior to enter 
into a partnership with the Porter County Convention, 
Recreation and Visitor Commission to lease space outside the 
established boundaries of the park at the Commission's Dorothy 
Buell Memorial Visitor Center for exhibits, offices, a book 
store and a theater.

                            Committee Action

    H.R. 1423 was introduced on March 8, 2007, by 
Representative Peter Visclosky (D-IN). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands.
    At a hearing before the National Parks, Forests and Public 
Lands Subcommittee on March 6, 2008, a representative of the 
National Park Service testified in favor of the bill and 
requested minor amendments that would increase from $1.2 
million to $1.5 million the amount authorized to plan, design, 
construct, and install exhibits in the visitor center to 
provide information about the resources of the park.
    On June 11, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of H.R. 1423. Subcommittee Chairman Grijalva (D-
AZ) offered an amendment in the nature of a substitute to 
increase the funding authorization for the planning, design, 
construction and installation of exhibits; clarify the 
definition of ``contiguous lands'' for purposes of accepting 
donations of land to the park; and correct the long title. The 
amendment in the nature of a substitute was adopted by 
unanimous consent. The bill as amended was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      Section-by-Section Analysis


Section 1. Dorothy Buell Memorial Visitor Center

    Section 1 permits the Secretary of the Interior to enter 
into a memorandum of understanding with the Porter County 
Convention, Recreation and Visitor Commission (PCCRVC) to 
identify the goals and purpose of the visitor center; establish 
how management and operational duties will be shared; determine 
how exhibits, signs and other information are developed; and 
address questions about funding, providing amenities, and 
amending or dissolving the joint partnership.
    After entering into such a memorandum of understanding, 
Section 1 permits the Secretary to enter into an agreement to 
lease space in the visitor center from PCCRVC, and authorizes 
the Secretary to plan, design, construct and install exhibits 
there, at a cost not to exceed $1.5 million.
    Section 1 also allows the Secretary to use staff from the 
park in the leased space, which is outside the established 
boundaries of the park, to provide visitor information and 
education.

Section 2. Indiana Dunes National Lakeshore

    Section 2 clarifies that, for purposes of accepting donated 
lands under the terms of the park's establishing legislation, 
lands may be considered contiguous even if separated by a 
public or private right-of-way, such as a road, railroad or 
utility corridor.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Secretary of the 
Interior to lease a portion of the Dorothy Buell Memorial 
Visitor Center for use as a visitor center for the Indiana 
Dunes National Lakeshore, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

               Congressional Budget Office Cost Estimate


H.R. 1423--Dorothy Buell Memorial Visitor Center Lease Act

    Summary: H.R. 1423 would authorize the National Park 
Service (NPS) to enter into a capital lease for a portion ofthe 
Dorothy Buell Memorial Visitor Center, located outside the 
boundary of the Indiana Dunes National Lakeshore in Indiana, 
and to construct exhibits in the leased space at a cost of up 
to $1.5 million.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the NPS would spend $1.5 million over the 2009-
2013 period for exhibits in the new visitor facility. CBO also 
estimates that the leasing provisions of the bill would create 
budget authority of about $2 million in 2009 for a capital 
lease that would be executed with the Porter County Convention, 
Recreation, and Visitor Commission (PCCRVA, the owner of the 
visitor center). We estimate that annual lease payments under 
the new contract would increase direct spending by about $1 
million over the 2009-2018 period. Enacting the bill would not 
affect revenues.
    H.R. 1423 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1423 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year. in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2009    2010    2011    2012    2013    2014    2015    2016    2017    2018   2009-2013  2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.....................       2       *       *       *       *       *       *       *       *       *         2          1
Estimated Outlays.................................       1       1       *       *       *       *       *       *       *       *         2          1

                                                                     DIRECT SPENDING

Estimated Budget Authority........................       2       *       *       *       *       *       *       *       *       *         2          2
Estimated Outlays.................................       *       *       *       *       *       *       *       *       *       *         *         1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = between -$500,000 and $500,000.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1423 will be enacted near the end of fiscal year 2008 and that 
$1.5 million will be appropriated for fiscal year 2009 for 
exhibits at the visitor center. Estimated outlays are based on 
historical spending patterns for similar NPS projects.
    H.R. 1423 would authorize the NPS and the PCCRVA to execute 
a new lease, which would replace an existing operating lease 
that the agency first entered into in 2005 under authority 
delegated by the General Services Administration (GSA). The 
existing agreement with the commission can be automatically 
extended for 25 years but requires an annual review of lease 
payments and other conditions. Unlike the existing agreement, 
the new lease would not have to comply with those terms or 
other GSA leasing policies. Discontinuing the existing lease 
would reduce spending subject to appropriation by around 
$600,000 over the 2009-2018 period.
    CBO expects that, under the bill, the NPS would enter into 
a capital lease with the PCCRVA for an indefinite period of 
time. Because the new lease could obligate the federal 
government to make lease payments over the life of the new 
agreement, the full cost of the lease should be recorded as new 
budget authority at the time that the agreement is signed. That 
budget authority--estimated to be about $2 million (including 
contract termination costs)--is determined by calculating the 
discounted present value of the anticipated lease payments. 
Spending would occur over the term of the lease--assumed to be 
50 years. Based on information provided by the NPS, CBO 
estimates that payments under the new lease would total about 
$60,000 a year, adjusted annually for inflation.
    Finally, the bill would authorize the NPS to accept 
donations of land separated from the existing park by a road or 
other right-of-way. Based on information provided by the 
agency, CBO expects that the cost of administering any property 
that may be added to the park as a result of this provision 
would be minimal.
    Intergovernmental and private-sector impact: H.R. 1423 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrill; 
Impact on the Private Sector: MarDestinee C. Perez.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1423 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

               SECTION 19 OF THE ACT OF NOVEMBER 5, 1966

 AN ACT To provide for the establishment of the indiana dunes national 
                   lakeshore, and for other purposes.

  Sec. 19. [After notifying] (a) After notifying the Committees 
on Interior and Insular Affairs of the United States Congress, 
in writing, of his intentions to do so and of the reasons 
therefor, the Secretary may, if he finds that such lands would 
make a significant contribution to the purposes for which the 
lakeshore was established, accept title to any lands, or 
interests in lands, located outside the present boundaries of 
the lakeshore but contiguous thereto or to lands acquired under 
this section, such lands the State of Indiana or its political 
subdivisions may acquire and offer to donate to the United 
States or which any private person, organization, or public or 
private corporation may offer to donate to the United States 
and he shall administer such lands as a part of the lakeshore 
after publishing notice to that effect in the Federal Register.
  (b) For purposes of subsection (a), lands may be considered 
contiguous to other lands if the lands touch the other lands, 
or are separated from the other lands by only a public or 
private right-of-way, such as a road, railroad, or utility 
corridor.

           *       *       *       *       *       *       *


                                  
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