[House Report 107-90]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-90
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SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT ACT
_______
June 6, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 640]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 640) to adjust the boundaries of Santa Monica Mountains
National Recreation Area, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Monica Mountains National
Recreation Area Boundary Adjustment Act''.
SEC. 2. BOUNDARY ADJUSTMENT.
Section 507(c) of the National Parks and Recreation Act of 1978 (92
Stat. 3501; 16 U.S.C. 460kk) establishing Santa Monica Mountains
National Recreation Area is amended--
(1) in paragraph (1), by striking `` `Boundary Map, Santa
Monica Mountains National Recreation Area, California, and
Santa Monica Mountains Zone', numbered SMM-NRA 80,000, and
dated May 1978'' and inserting `` `Santa Monica Mountains
National Recreation Area and Santa Monica Mountains Zone,
California, Boundary Map', numbered 80,047, and dated February
2001''; and
(2) by adding the following sentence after the third sentence
of paragraph (2)(A): ``Lands within the `Wildlife Corridor
Expansion Zone' identified on the boundary map referred to in
paragraph (1) may be acquired only by donation or with donated
funds.''.
SEC. 3. TECHNICAL CORRECTIONS.
Section 507 of the National Parks and Recreation Act of 1978 (92
Stat. 3501; 16 U.S.C. 460kk) establishing Santa Monica Mountains
National Recreation Area is amended--
(1) in subsection (c)(1), by striking ``Committee on Natural
Resources'' and inserting ``Committee on Resources'';
(2) in subsection (c)(2)(B), by striking ``of certain'' in
the first sentence and inserting ``certain''; and
(3) in subsection (n)(5), by striking ``laws'' in the second
sentence and inserting ``laws,''.
Purpose of the Bill
The purpose of H.R. 640 is to adjust the boundaries of the
Santa Monica Mountains National Recreation Area, and for other
purposes.
Background and Need for Legislation
The Santa Monica Mountains National Recreation Area
(SMMNRA), established in 1978, is located in southern
California west of downtown Los Angeles. This recreation area
covers approximately 154,000 acres. Unlike many national park
units where lands within the authorized boundary are almost
entirely in federal ownership, there exists a complex mosaic of
publicly and privately owned lands within the SMMNRA boundary.
H.R. 640 would amend the National Parks and Recreation Act
of 1978 to adjust the northern boundary of the SMMNRA to
enhance a critical wildlife habitat corridor and a key
watershed between the Santa Monica Mountains that lie within
the Recreation Area and the Simi Hills of Los Angeles and
Ventura Counties to the north and west of the SMMNRA. The lands
within the proposed boundary adjustment represent the last
remaining open space connecting the Santa Monica Mountains and
Simi Hills across the 101 Freeway. The protection of habitat
within this corridor would promote greater ecosystem health and
diversity in the Santa Monica Mountains, particularly for
larger mammals like bobcats, badgers, and mountain lions.
As a result of the proposed expansion, the size of the
SMMNRA would increase by a total of 3,697 acres. The largest
portion of the increase, 2,797 acres, would be transferred from
the Santa Monica Mountains Conservancy, a state agency, to the
National Park Service. The Conservancy land may only be
acquired by donation. The balance of the expansion would
include 330 acres of developed residential communities from
within the cities of Agoura Hills and Calabassas, which is
supported by the Saratoga Hills, Saratoga Ranch and Liberty
Canyon Homeowners Associations, and 570 acres of open space
privately and publicly owned from the County of Los Angeles.
Finally, the bill would not authorize the National Park Service
to purchase any incidental private or developed property within
the expansion area.
Committee Action
H.R. 640 was introduced on February 14, 2001, by
Congressman Elton Gallegly (R-CA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks, Recreation, and Public Lands.
On April 26, 2001, the Subcommittee held a hearing on the bill.
On May 16, 2001, the Full Resources Committee met to consider
the bill. The Subcommittee on National Parks, Recreation, and
Public Lands was discharged from further consideration of the
bill by unanimous consent. Congressman Joel Hefley (R-CO)
offered an amendment in the nature of a substitute that added
the official map title, number, and date to the bill. The
amendment was adopted by voice vote. The bill as amended was
then ordered favorably reported to the House of Representatives
by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation.--Clause 3(d)(2) of Rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives.--This bill
does not authorize funding and therefore, clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 21, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 640, the Santa
Monica Mountains National Recreation Area Boundary Adjustment
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 640--Santa Monica Mountains National Recreation Area Boundary
Adjustment Act
CBO estimates that enacting H.R. 640 would not
significantly affect the federal budget. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 640 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.
H.R. 640 would expand the Santa Monica Mountains National
Recreation Area in California to include about 3,700 acres of
nonfederal lands. The bill specifies that the federal
government could acquire lands within the proposed expansion
area only by donation or with donated funds. The Santa Monica
Mountains Conservancy, a California state agency, owns roughly
three-quarters of the lands within the proposed expansion area.
According to the National Park Service (NPS) and the
conservancy, under H.R. 640, the conservancy would donate those
lands to the federal government so that they may be managed for
critical wildlife habitat. Based on information from the NPS,
we estimate that the agency would incur additional costs to
manage the donated lands, but that such costs would be
negligible.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
SECTION 507 OF THE NATIONAL PARKS AND RECREATION ACT OF 1978
* * * * * * *
Santa Monica Mountains National Recreation Area
Sec. 507. (a) * * *
* * * * * * *
(c)(1) The recreation area shall consist of the lands and
waters and interests generally depicted as the recreation area
on the map entitled [``Boundary Map, Santa Monica Mountains
National Recreation Area, California, and Santa Monica
Mountains Zone'', numbered SMM-NRA 80,000, and dated May 1978]
``Santa Monica Mountains National Recreation Area and Santa
Monica Mountains Zone, California, Boundary Map'', numbered
80,047, and dated February 2001, which shall be on file and
available for inspection in the offices of the National Park
Service, Department of the Interior, Washington, District of
Columbia, and in the offices of the General Services
Administration in the Federal Office Building in West Los
Angeles, California, and in the main public library in Ventura,
California. After advising the Committee on [Natural] Resources
of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, in
writing, the Secretary may make minor revisions of the
boundaries of the recreation area when necessary by publication
of a revised drawing or other boundary description in the
Federal Register.
(2)(A) Not later than ninety days after the date of enactment
of this Act, the Secretary, after consultation with the
Governor of the State of California, the California Coastal
Commission, and the Santa Monica Mountains Comprehensive
Planning Commission, shall commence acquisition of lands,
improvements, waters, or interests therein within the
recreation area. Such acquisition may be by donation, purchase
with donated or appropriated funds, transfer from any Federal
agency, exchange, or otherwise. Except as provided in
subparagraph (B), any lands or interests therein owned by the
State of California or any political subdivision thereof
(including any park district or other public entity) may be
acquired only by donation, except that such lands acquired
after the date of enactment of this section by the State of
California or its political subdivisions may be acquired by
purchase or exchange if the Secretary determines that the lands
were acquired for purposes which further the national interest
in protecting the area and that the purchase price or value on
exchange does not exceed fair market value on the date that the
State acquired the land or interest: Provided, however, That
the value of any lands acquired by the Secretary under the
exception in this sentence shall be deducted from the amount of
moneys available for grants to the State under subsection (n)
of this section. Lands within the ``Wildlife Corridor Expansion
Zone'' identified on the boundary map referred to in paragraph
(1) may be acquired only by donation or with donated funds.
Notwithstanding any other provision of law, any Federal
property located within the boundaries of the recreation area
shall, with the concurrence of the head of the agency having
custody thereof, be transferred without cost, to the
administrative jurisdiction of the Secretary for the purposes
of the recreation area.
(B) The Secretary shall negotiate, and carry out, and
exchange with the city of Los Angeles (acting through its
department of water and power) [of] certain federally owned
lands managed by the Bureau of Land Management in the vicinity
of the Haiwee Reservoir in Inyo County for certain lands owned
by the city of Los Angeles which are associated with the Upper
Franklin Reservoir in the city of Los Angeles. Lands acquired
by the Secretary pursuant to such exchange shall be transferred
without cost to the administrative jurisdiction of the National
Park Service for inclusion within the recreation area. The
Secretary shall include in such exchange a provision for an
easement to be granted to the city of Los Angeles for the
existing water pipeline associated with the Upper Franklin
Reservoir and for the city of Los Angeles to provide for
replacement water to maintain the water elevations of the
Franklin Reservoir to the current levels. The values of lands
exchanged under this provision shall be equal, or shall be
equalized, in the same manner as provided in section 206 of the
Federal Land Policy and Management Act of 1976.
(n)(1) * * *
* * * * * * *
(5) Grants under this section shall be made only upon
application of the recipient State and shall be in addition to
any other Federal financial assistance for any other program,
and shall be subject to such terms and conditions as the
Secretary deems necessary to carry out the purposes of this
section. Any jurisdiction that implements changes to the
approved plan which are inconsistent with the purposes of this
section, or adopts or acquiesces in changes to [laws] laws,
regulations or policies necessary to implement or protect the
approved plan, without approval of the Secretary, may be liable
for reimbursement of all funds previously granted or available
to it under the terms of this section without regard to such
additional terms and conditions or other requirements of law
that may be applicable to such grants. During the life of the
planning commission, changes to the plan must be submitted by
the planning commission to the Secretary for approval. No such
application for a grant may be made after the date five years
from the date of the Secretary's approval of the plan.
* * * * * * *