[Senate Report 111-148]
[From the U.S. Government Publishing Office]
Calendar No. 298
111th Congress } { Report
2d Session } SENATE { 111-148
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DOROTHY BUELL MEMORIAL VISITOR CENTER PARTNERSHIP ACT
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March 2, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1287]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1287) to authorize the Secretary of the
Interior to enter into a partnership with the Porter County
Convention, Recreation and Visitor Commission regarding the use
of the Dorothy Buell Memorial Visitor Center as a visitor
center for the Indiana Dunes National Lakeshore, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the Act do pass.
Purpose
The purpose of H.R. 1287 is to authorize the Secretary of
the Interior to enter into a partnership with the Porter County
Convention, Recreation and Visitor Commission regarding the use
of the Dorothy Buell Memorial Visitor Center as a visitor
center for the Indiana Dunes National Lakeshore.
Background and Need
Indiana Dunes National Lakeshore is located in northern
Indiana along the southern shore of Lake Michigan. Two million
visitors travel to the national lakeshore each year, many from
the Chicago metropolitan area. Visitors are often unaware that
the national lakeshore is a unit of the National Park System.
The National Park Service would like to relocate the primary
visitor contact point to a more prominent location outside of
the park and provide the opportunity to contact and educate
many more visitors regarding the national lakeshore's programs
and resources.
In 1998, the National Park Service and the Porter County
Convention, Recreation and Visitor Commission (PCCRVC) began to
explore the concept of a joint visitor center. Additionally,
the Park Service general management plan for the national
seashore recommended that the Park Service relocate its visitor
center to the more heavily traveled corridor outside of the
park.
After forming a partnership in 1998, the PCCRVC and the
Park Service selected a prominent location outside the national
lakeshore but within the primary travel corridors. The PCCRVC
provided funding for the purchase of the property and the
construction of a new visitor center. In October 2006, the
Dorothy Buell Memorial Visitor Center was built. It is located
approximately three quarters of a mile south of the national
lakeshore on Indiana Highway IN49 and is owned by the PCCRVC.
The Park Service would like to jointly staff the visitor center
and lease some of its space for offices, exhibits, a theater
and interpretive information about park resources.
H.R. 1287 would provide the Secretary of the Interior
authority to expend federally appropriated funds outside of the
national lakeshore boundaries in order to lease space for
exhibits, offices, a book store, and a theatre. It would
further authorize the expenditure of funds for the planning,
design, and development of exhibits to be placed in the new
facility.
Legislative History
H.R. 1287 was introduced on March 3, 2009, by
Representative Visclosky. It passed the House of
Representatives by a voice vote on September 8, 2009.
The Subcommittee on National Parks held a hearing on H.R.
1287 on November 4, 2009. At its business meeting on December
16, 2009, the Committee on Energy and Natural Resources ordered
H.R. 1287 favorably reported without amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 1287.
Section-by-Section Analysis
Section 1 authorizes the Secretary of the Interior to enter
into a memorandum of understanding (MOU) to establish a joint
partnership with PCCRVC in regard to the use of the Dorothy
Buell Memorial Visitor Center. The memorandum of understanding
shall identify the goals and purpose of the visitor center and
the responsibilities of the Park Service and the PCCRVC.
The MOU would also authorize the Secretary to plan, design,
construct, and install exhibits in the Dorothy Buell Memorial
Visitor Center at a cost not to exceed $1,500,000 and allow
National Park Service staff from Indiana Dunes National
Lakeshore to work in the visitor center in order to provide
visitor information and education.
Section 2 amends section 19 of the Indiana Dunes National
Lakeshore's enabling Act (16 U.S.C. 4604-19) to permit the
Secretary of the Interior to accept donations of lands located
outside the present boundaries of the lakeshore if the lands
are either contiguous to or separated from such lands by a
right-of-way only.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1287--Dorothy Buell Memorial Visitor Center Partnership Act
H.R. 1287 would authorize the National Park Service (NPS)
to plan, design, construct, and install exhibits in the Dorothy
Buell Memorial Visitor Center at a cost of up to $1.5 million.
Assuming the availability of appropriated funds, CBO
estimates that the NPS would spend $1.5 million over the 2010-
2014 period to carry out the legislation. This amount would be
used to develop exhibits in the new visitor facility, which is
not a federal building. The legislation also 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 would
be minimal. Enacting the legislation would not affect direct
spending or revenues.
H.R. 1287 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 Theresa Gullo, 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. 1287.
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. 1287, as ordered reported.
Congressionally Directed Spending
H.R. 1287, as reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
November 4, 2009, Subcommittee hearing on H.R. 1287 follows:
Statement of Katherine H. Stevenson, Assistant Director, Business
Services, 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 H.R. 1287, a bill to
authorize the Secretary of the Interior to enter into a
partnership with the Porter County Convention, Recreation and
Visitor Commission regarding the use of the Dorothy Buell
Memorial Visitor Center as a visitor center for the Indiana
Dunes National Lakeshore, and for other purposes.
The Department supports H.R. 1287 as passed by the House
with technical amendments.
Indiana Dunes National Lakeshore was established as a unit
of the National Park System in 1966. It lies on the southern
tip of Lake Michigan and covers some 15,000 acres with 15 miles
of shoreline. In 1998, the national lakeshore and the Porter
County Convention, Recreation and Visitor Commission (PCCRVC)
began to explore the concept of a joint visitor center to be
shared by the PCCRVC, the national lakeshore, and the Indiana
Dunes State Park. At that time, both the national lakeshore and
the PCCRVC suffered from low visitation at their respective
visitor centers due to their poor locations away from the
primary thoroughfares. Because of their location, size, and
layout, the national lakeshore's 1997 General Management Plan
recommended relocating the visitor center to the more heavily
traveled IN 49 corridor.
A partnership to acquire land for a new site was initiated.
A more prominent location outside the national lakeshore but
within the primary travel corridor to the dunes was selected.
Using a series of Transportation Enhancement grants, the PCCRVC
purchased the land, which is located approximately three
quarters of a mile south of the national lakeshore boundary on
IN 49, the principal north/south artery into the national
lakeshore and secured a contract for construction. The new
Dorothy Buell Memorial Visitor Center was completed in October
2006.
The NPS currently has an interim lease of the space in the
new visitor facility and is in the process of securing a
General Services Administration lease agreement for offices,
storage, exhibits, bookstore, and a theatre. The payments for
this lease come from funds in the park's authorized annual
operating budget.
H.R. 1287 would authorize the Secretary of the Interior to
enter into an agreement with the PCCRVC that would outline the
terms of the partnership, including cooperative management of
the new visitor facility and sharing of operational activities.
The two parties will jointly plan and staff the new visitor
center and offer ``one-stop shopping,'' with exhibits and
theater space to educate visitors about the resources found in
the park, aspects of threatened and endangered species
management, habitat preservation, and wetlands restoration.
H.R. 1287 would also authorize $1,500,000 to plan, design,
construct, and install exhibits to be placed in the new
facility for visitor information and education. The space
leased by the National Park Service (NPS) includes room for
exhibits, offices, a theatre, and a bookstore. All funds are
subject to NPS priorities and the availability of
appropriations.
H.R. 1287 also would amend Section 19 of Public Law 89-761
to authorize the Secretary of the Interior to accept donated
lands that are considered contiguous to Indiana Dunes National
Lakeshore but physically separated from the boundary by a
public or private right-of-way, such as a road, railroad, or
utility corridors.
The park is segmented with numerous isolated parcels. The
northern portion of Indiana is crisscrossed with numerous
interstate highways, oil and gas pipeline corridors, and
electrical lines. A number of these rights of way exist within
the national lakeshore. Several landowners have offered to
donate land adjacent to the park (separated by utility,
roadways, and rail corridors), but the park's ability to accept
such lands is ambiguous. It is unclear whether the NPS can
accept these lands under the minor boundary revision authority
of the Land and Water Conservation Fund Act of 1965. The bill
would clarify this terminology as it relates to the Indiana
Dunes National Lakeshore and allow the park to accept donated
lands to further the purposes of the park unit when they adjoin
the park's boundary.
Mr. Chairman, thank you for the opportunity to comment. We
look forward to working with the Committee to provide technical
amendments to the bill. This concludes my prepared remarks and
I will be happy to answer any questions you or other committee
members might have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 1694 as ordered 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):
INDIANA DUNES NATIONAL SEASHORE ACT
(Public Law 89-761, Approved November 5, 1966)
[16 U.S.C. 460u-19]
AN ACT To provide for the establishment of the Indiana Dunes National
Lakeshore, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
That in order to preserve for the educational, inspirational,
and recreational use of the public certain portions of the
Indiana dunes and other areas of scenic, scientific, and
historic interest and recreational value in the State of
Indiana, the Secretary of the Interior is authorized to
establish and administer the Indiana Dunes National Lakeshore
(hereinafter referred to as the ``lakeshore'') in accordance
with the provisions of this Act. The lakeshore shall comprise
the area within the boundaries delineated on a map identified
as ``A Proposed Indiana Dunes National Lakeshore'', dated
September 1966, and bearing the number ``LNPNE-1008-ID'', which
map is on file and available for public inspection in the
office of the Director of the National Park Service, Department
of the Interior.
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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) Contiguous Clarified.--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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