[Senate Report 110-156]
[From the U.S. Government Publishing Office]
Calendar No. 354
110th Congress Report
SENATE
1st Session 110-156
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LEWIS AND CLARK NATIONAL HISTORIC TRAIL INTERPRETIVE CENTER CONVEYANCE
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 471]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 471), to authorize the Secretary of the
Interior to convey to The Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. certain
Federal land associated with the Lewis and Clark National
Historic Trail in Nebraska, to be used as a historical
interpretive site along the trail, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. Beginning on page 2, strike line 3 and all that follows
through page 5, line 10, and insert the following:
``(a) Conveyance Authorized.--The Secretary of the Interior
(referred to in this section as the `Secretary') may convey,
without consideration, to the Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc., a
501(c)(3) not-for-profit organization with operational
headquarters at 100 Valmont Drive, Nebraska City, Nebraska
68410, all right, title, and interest of the United States in
and to the federally owned land under jurisdiction of the
Secretary consisting of 2 parcels, as generally depicted on the
map entitled `Lewis and Clark National Historic Trail',
numbered 648/80,002, and dated March 2006.''.
2. On page 6, strike lines 9 through 14 and insert the
following:
``(e) Additional Terms and Conditions.--
``(1) In general.--The Secretary may require any
additional terms and conditions for the conveyance
under subsection (a) or the conveyance, if any, under
subsection (d) that the Secretary determines to be
appropriate to protect the interests of the United
States.
``(2) National park service standards.--The Secretary
shall enter into a written agreement with the
foundation referred to in subsection (a) to ensure that
the land conveyed under that subsection is operated in
accordance with National Park Service standards for
preservation, maintenance, and interpretation.''.
PURPOSE
The purpose of S. 471 is to convey approximately 78 acres
of Federal land and an interpretive center associated with the
Lewis and Clark National Historic Trail in Nebraska to the
Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc.
BACKGROUND AND NEED
The Lewis and Clark National Historic Trail was designated
in 1978, as one of the original components of the National
Trails System Act. The trail extends over 3,700 miles, from
Wood River, Illinois, to the mouth of the Columbia River in
Oregon, following the outbound and inbound routes of the Lewis
and Clark Expedition of 1804-1806.
As part of the bicentennial celebration of the Lewis and
Clark Expedition, Congress appropriated $22 million between
2001-2005 for the National Park Service's Lewis and Clark
Challenge Cost-Share program. This appropriation was matched
with $87 million, almost four times the Federal contribution,
in non-Federal funds.
The Lewis and Clark Interpretive Center in Nebraska City,
Nebraska, was created with funds from the Challenge Cost-Share
Program. The National Park Service purchased 65 acres of land
and obligated money for the center, and The Missouri River
Basin Lewis and Clark Interpretive Trail and Visitor Center
Foundation, Inc. provided a land donation and more than a 2-to-
1 match in non-Federal funds to build, staff, and maintain the
center.
Section 7(c) of the National Trails System Act (16 U.S.C.
1246(c)) provides that ``wherever possible, [trail
interpretive] sites shall be maintained by a State agency under
a cooperative agreement between the appropriate agency and the
State agency.'' The National Park Service and the Foundation
have determined that the Foundation, because of its financial
and technical resources, is best able to operate and manage the
Interpretive Center.
As ordered reported, S. 471 would authorize the Secretary
of the Interior to convey the center and adjacent land to the
Foundation, without consideration, with a requirement that the
site continue to be managed as an historic site and
interpretive center, and in accordance with National Park
Service preservation, maintenance, and interpretation
standards.
The National Park Service presently spends approximately
$200,000 each year to operate and maintain the Interpretive
Center. The legislation authorizes continued Federal
appropriations of $150,000 annually for a period not to exceed
10 years, to assist the Foundation in operating the center.
After the ten-year authorization, the Foundation is expected to
become self-sufficient in its operation of the center and the
National Park Service would no longer be involved in its
funding.
LEGISLATIVE HISTORY
S. 471 was introduced by Senators Hagel and Ben Nelson on
February 1, 2007. Companion legislation, H.R. 761, sponsored by
Representative Fortenberry, passed the House of Representatives
by voice vote on July 23, 2007.
During the 109th Congress, the Committee considered a
similar measure, S. 1957, also sponsored by Senators Hagel and
Nelson. The Subcommittee on National Parks held a hearing on S.
1957 on April 6, 2006 (S. Hrg. 109-447). No further legislative
action occurred with respect to that bill.
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered S. 471 favorably reported,
with amendments.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 471, if amended as
described herein.
COMMITTEE AMENDMENTS
During its consideration of S. 471, the Committee adopted
two amendments. The first amendment replaced the metes and
bounds description of the property to be conveyed with a map
reference. The second amendment requires the Secretary of the
Interior to enter into a written agreement with the Missouri
River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. to ensure that the land conveyed under
this Act is operated in accordance with National Park Service
standards for preservation, maintenance, and interpretation.
SECTION-BY-SECTION ANALYSIS
Section 1(a) authorizes the Secretary of the Interior to
convey, without consideration, to the Missouri River Basin
Lewis and Clark Interpretive Trail and Visitor Center
Foundation, Inc., all right, title, and interest of the United
States in two Federally owned parcels in Nebraska City,
Nebraska, together comprising approximately 78 acres, and
including the Trail Interpretive Center, as depicted on the
referenced map.
Subsection (b) states that the exact acreage and legal
description of the land to be conveyed shall be determined by a
survey satisfactory to the Secretary of the Interior. The cost
of the survey and all other costs incurred by the Secretary as
part of the conveyance shall be paid by the Foundation.
Subsection (c) provides that the conveyance shall be
subject to a condition that the Foundation use the conveyed
land as an historic site and interpretive center for the Lewis
and Clark National Historic Trail.
Subsection (d) contains reversionary language that if the
Foundation ceases to use the conveyed land as an historic site
and interpretive center, the land shall be conveyed back to the
Secretary, without consideration.
Subsection (e) provides that the Secretary may require any
additional terms and condition the Secretary determines to be
appropriate to protect the interests of the United States. The
subsection also requires the Secretary to enter into a written
agreement with the Foundation to ensure that the conveyed land
is operating in accordance with National Park Service standards
for preservation, maintenance, and interpretation.
Subsection (f) authorizes the appropriation of $150,000
annually for a period not to exceed 10 years, to assist with
the operation of the facility.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
July 30, 2007.
Hon. Jeff Bingaman,
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 S. 471, a bill to
authorize the Secretary of the Interior to convey to the
Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc., certain federal land
associated with the Lewis and Clark National Historic Trail in
Nebraska, to be used as an historical interpretative site along
the trail.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 471--A bill to authorize the Secretary of the Interior to convey to
the Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc., certain federal land
associated with the Lewis and Clark National Historic Trail in
Nebraska, to be used as an historical interpretative site along
the trail
S. 471 would authorize the Department of the Interior (DOI)
to convey two parcels of federally owned land, and a visitor
center located on the property, to the Missouri River Basin
Lewis and Clark Interpretive Trail and Visitor Center
Foundation, Inc. The foundation would continue to operate the
land as an historic site and interpretive center.
Assuming appropriation of the authorized amount and based
on information provided by the agency, CBO estimates that DOI
would spend $150,000 per year until 2017 to assist with
operation of the facility. Enacting the legislation would not
affect direct spending or revenues.
S. 471 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act, and it
would impose no costs on state, local, or tribal governments.
On July 11, 2007, CBO transmitted a cost estimate for H.R.
761, a bill to authorize the Secretary of the Interior to
convey to the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc., certain federal land
associated with the Lewis and Clark National Historic Trail in
Nebraska, to be used as an historical interpretative site along
the trail, as ordered reported by the House Committee on
Natural Resources on June 28, 2007. The two pieces of
legislation are similar, and our cost estimates are identical.
The CBO staff contact for this estimate is Tyler Kruzich.
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 S. 471. 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 S. 471, as ordered reported.
EXECUTIVE COMMUNICATIONS
Because S. 471 is similar to legislation considered during
the 109th Congress, the Committee did not request Executive
Agency views on S. 471. The testimony provided by the National
Park Service at the Subcommittee hearing on S. 1957 in the
109th Congress follows:
Statement of Sue Masica, Associate Director, Associate Director for
Park Planning, Facilities, and Lands, National Park Service, Department
of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 1957, a bill to
authorize the Secretary of the Interior to convey to the
Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc. certain Federal land associated
with the Lewis and Clark National Historic Trail in Nebraska,
to be used as an historical interpretive site along the trail.
The Department supports enactment of S. 1957, with an
amendment.
S. 1957 would convey without consideration, all right,
title, and interest of the United States in two parcels of land
at 100 Valmont Drive, Nebraska City, Nebraska to the Missouri
River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. (Foundation). The Foundation would bear
all the costs associated with the conveyance. If the Foundation
determines to discontinue use of the land as an historic site
and interpretive center, the land shall be conveyed back to the
Secretary of the Interior.
The three-story Missouri River Basin Lewis & Clark
Interpretive Trail & Visitor Center (Center), authorized by the
National Trails System Act (NTSA), was designed and constructed
by the National Park Service (NPS). The Center is located on
the Federally owned 78-acre site acquired for this purpose, and
focuses on the flora and fauna and scientific discoveries
recorded by the Lewis and Clark expedition and the Native
American people's role in the success of the Corp of Discovery.
There is a Keelboat Exhibition Room on the entry level with an
authentic replica of the 55-foot-long keelboat used on the
journey, and the lower walkout level houses a Theater
Educational Room and the Young Explorer's Discovery Wing. There
also is an outdoor classroom and an unobstructed view of the
Missouri River, part of the route used by Lewis and Clark as
they pulled upriver and walked the banks to make the scientific
observations and collect specimens of flora and fauna. There
are 11 other historic and interpretive facilities along the
Lewis and Clark National Historic Trail.
The NTSA specifies that, wherever possible, the facility is
to be operated by a non-federal entity. The Foundation was
established as the non-federal operating partner and raised the
necessary funds. The NPS has provided approximately $1.1
million to purchase the land, to provide design and
construction supervision services, and to develop the
facilities and exhibits. The Foundation raised about $2.2
million toward the cost and development of the visitor center.
Construction of the facility began in the spring of 2003 and
was completed in July 2004. The Foundation has operated the
Center since July 2004, with a substantial Federal subsidy.
The Midwest Region of NPS currently subsidizes the Center
out of ONPS base ($150,000), contingency ($32,000), and cyclic
($18,000) funding, for about $200,000 per year. This helps pay
salaries, utilities, routine maintenance, and other needed
expenses. It is estimated that it would cost approximately
$574,000 per year for the NPS to operate the Center for a
traditional 7-day per week schedule.
By owning the Center, the Foundation could collect entrance
and special use fees to supplement donations for operations and
maintenance. Annual visitation for calendar year 2005 was
27,105; based on a typical $5 entrance fee, that could result
in $135,525. The Foundation projects it could collect
approximately $88,000 in special use fees per year. The two fee
types could thus generate about $223,525 per year.
The passage of S. 1957 would authorize $150,000 a year for
10 years to assist in the operation of the facility. The NPS
spends approximately $50,000 more than this amount to subsidize
current operations. The savings would then be used to assist
with other trail partnerships and perhaps contingency issues in
other national park units of the Midwest Region.
The Department recommends that section 1(a) be amended to
include a map reference to replace the metes and bounds
description of the two parcels to be conveyed.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared testimony. I would be pleased 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 bill S. 471, as ordered
reported.