[Senate Report 115-47]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 60
                                                        
115th Congress    }                                            {  Report
                                  SENATE
 1st Session      }                                            {   115-47

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             JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT

                                _______
                                

                  May 9, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 729]

      [Including Cost Estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 729) to authorize the Secretary of the 
Interior to acquire approximately 44 acres of land in Martinez, 
California, for inclusion in the John Muir National Historic 
site, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 729 is to acquire approximately 44 acres 
of land in Martinez, California, for inclusion in the John Muir 
National Historic Site.

                          BACKGROUND AND NEED

    The John Muir National Historic Site was established by 
Congress in 1964 (Public Law 88-547) and is located in the San 
Francisco Bay Area, in Martinez, California. The historic site 
preserves the 14-room Italianate Victorian mansion where the 
naturalist and writer John Muir lived, as well as a nearby 325-
acre tract of native oak woodlands and grasslands historically 
owned by the Muir family.
    The legislation would authorize the Department of the 
Interior to acquire by donation approximately 44 acres for 
inclusion in the John Muir National Historic Site. The 44 acres 
includes adjacent lands from John Swett's historic estate, who 
was also a farmer, friend, and neighbor of John Muir in the 
Alhambra Valley hills. Securing this property would benefit the 
Muir site as it will help protect habitat for a number of rare 
species, and provide improved access to the site from the Bay 
Ridge Trail.

                          LEGISLATIVE HISTORY

    Senators Harris and Feinstein introduced S. 729 on March 
27, 2017.
    Companion legislation, H.R. 1719, was introduced in the 
House of Representatives by Representative DeSaulnier on March 
24, 2017.
    In the 114th Congress, Representative DeSaulnier introduced 
similar legislation, H.R. 1289, on March 4, 2015. The bill was 
reported with an amendment by the House Committee on Natural 
Resources on July 21, 2015 (S. Rept. 114-213), and passed the 
House of Representatives on a voice vote on September 16, 2015.
    Senators Boxer and Feinstein introduced a companion, S. 
651, on March 4, 2015. The Subcommittee on National Parks held 
a hearing on H.R. 1289 and S. 651 on March 17, 2016. The 
Committee on Energy and Natural Resources met in open business 
session on July 13, 2016, and ordered H.R. 1289 favorably 
reported (S. Rept. 114-312).
    In the 113th Congress, Representative Miller introduced 
similar legislation, H.R. 5699, on November 13, 2014. The bill 
was reported with an amendment by the Committee on Natural 
Resources on December 9, 2014, and passed the House of 
Representatives on a vote of 361-39 on December 11, 2014.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 729 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
729.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides a short title.

Section 2. Definitions

    Section 2 provides definitions.

Section 3. John Muir National Historic Site land acquisition

    Section 3(a) authorizes the Secretary of the Interior to 
acquire by donation the land, and interests in such land, 
identified on the map described in section 2(2).
    Subsection (b) permits the Secretary to adjust the 
boundaries of the John Muir Historic Site in Martinez, 
California, to include the land identified on the map.
    Subsection (c) directs that the acquired land and interests 
in the land be administered as part of the Historic Site.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 729--John Muir National Historic Site Expansion Act

    S. 729 would expand and adjust the boundary of the John 
Muir National Historic Site in California to include 
approximately 44 acres of donated land. The bill stipulates 
that the land would be donated voluntarily by the Muir Heritage 
Land Trust and would be administered as part of the historic 
site.
    Based on an analysis of information provided by the 
National Park Service (NPS), CBO estimates that implementing S. 
729 would have no significant effect on the federal budget. 
Under the legislation, the additional acres could only be 
acquired through donation. We estimate that annual costs to 
operate and maintain the new properties would be minimal 
because the NPS does not anticipate the need for additional 
resources or expenditures to manage the property once it is 
acquired.
    Enacting S. 729 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 729 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 729 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, 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. 729. 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. 729, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 729, as ordered 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

    Because S. 729 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the National 
Park Service at the hearing before the Subcommittee on National 
Parks on March 17, 2016, follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
             Park Service, U.S. Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 651 and H.R. 1289, bills to adjust the boundary 
of John Muir National Historic Site to accept a land donation, 
and for other purposes.
    The Department strongly supports this legislation to adjust 
the boundary of John Muir National Historic Site (park) by 44 
acres, but we recommend the committee conform the language of 
S. 651 to that of H.R. 1289 for the reasons described below. 
The boundary adjustment would help the National Park Service 
(NPS) protect the southern boundary from potential development 
and also help to preserve the scenic and biological resources 
of this property.
    The proposed boundary modification includes 44 acres of 
land acquired by the John Muir Land Trust (formerly the Muir 
Heritage Lands Trust) adjacent to the southern boundary of the 
park. The John Muir Land Trust (Trust), a local land trust 
preserving open space in Contra Costa County, acquired the 
property in May 2015. The Trust pursued the acquisition for a 
number of years in an attempt to prevent development adjacent 
to the park's south boundary, with the intent of donating the 
land to the NPS to become part of the park. S. 651 requires 
that the Trust acquire the land by August 31, 2015, while H.R. 
1289 has no similar language. We prefer the House language 
because the Trust has already acquired the land.
    The parcel was originally part of the John Swett Ranch, a 
neighbor and friend of John Muir, and there are no structures 
present on the property. The property is critical habitat for 
the Alameda whipsnake, federally listed as threatened. This 
acquisition would open up the area to recreational uses that 
are currently inaccessible to the public, but compatible with 
the protection and preservation of the plant communities and 
critical species habitat. There are existing unimproved roads 
on the site, which connect to the exiting trail access in the 
park and would require little if any improvements for immediate 
use.
    The boundary modification is supported by the City of 
Martinez. It is not anticipated that any facilities would be 
proposed for the 44-acre parcel due to its current undeveloped 
and undisturbed condition. Therefore, there would be minimal 
cost associated with the long-term operation and maintenance of 
the property, which would be easily absorbed into the current 
operations of the park. The property is being donated, so 
acquisition costs are not an issue.
    Mr. Chairman, this concludes my testimony. I would be happy 
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 as ordered 
reported.