[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.

                                  
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