[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.