[Senate Report 107-279]
[From the U.S. Government Publishing Office]
Calendar No. 598
107th Congress Report
SENATE
2d Session 107-279
======================================================================
SAN GABRIEL RIVER WATERSHEDS STUDY ACT
_______
September 13, 2002.--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. 1865]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1865) to authorize the Secretary of the
Interior to study the suitability and feasibility of
establishing the Lower Los Angles River and San Gabriel River
watersheds in the State of California as a unit of the National
Park System, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Gabriel River Watersheds Study
Act of 2002''.
SEC. 2. AUTHORIZATION OF STUDY.
(a) In General.--The Secretary of the Interior (hereinafter in this
Act referred to as the ``Secretary'', in consultation with the
Secretary of Agriculture and the Secretary of the Army, shall conduct a
comprehensive resource study of the following areas:
(1) The San Gabriel River and its tributaries north of and
including the city of Santa Fe Springs, and
(2) The San Gabriel Mountains within the territory of the San
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(as defined in section 32603(c)(1)(C) of the State of
California Public Resource Code).
(b) Study Conduct and Completion.--(1) The Secretary shall conduct
a comprehensive evaluation of the area's natural and recreational
resources to make recommendations for the future coordinated
management, protection and enhancement of these resources and an
analysis of the cost of each option. In addition, the study shall
consider a system of greenways, scenic roadways, river and trail
corridors linking communities within the area.
(2) The study shall be conducted in accordance with section 8(c) of
Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Consultation With State and Local Governments.--In conducting
the study authorized by this section, the Secretary shall consult with
the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
and other appropriate State, county and local government entities.
(d) Considerations.--In conducting the study authorized by this
section, the Secretary shall consider regional flood control and
drainage needs and publicly owned infrastructure, including, but not
limited to, wastewater treatment facilities.
SEC. 3. REPORT.
Not later than 3 years after funds are made available for this Act,
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives a report on the findings, conclusions, and
recommendations of the study.
PURPOSE
The purpose of S. 1865, as ordered reported, is to
authorize the Secretary of the Interior, in consultation with
the Secretary of Agriculture and the Secretary of the Army, to
study portions of the San Gabriel and lower Los Angeles rivers,
and the San Gabriel Mountains in southern California, and
provide recommendations for the future coordinated management,
protection, and enhancement of these resources.
BACKGROUND AND NEED
S. 1865 directs a study of portions of the San Gabriel and
lower Los Angeles rivers and the San Gabriel Mountains, an area
that covers two counties (Los Angeles and Orange),
approximately 16 cities, and several unincorporated
communities. The area includes private land, State and
municipal parks, U.S. Army Corps of Engineers facilities, and
part of the Angeles National Forest. The headwaters for both
the Los Angeles and San Gabriel Rivers are heavily forested,
relatively pristine areas, although the lower portions of the
two rivers have been channelized to reduce flooding impacts.
In 1999 the State of California created the San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy, within the
California Resources Agency. The purpose of the Rivers and
Mountains Convervancy is to develop a plan to manage the areas
covered in S. 1865 to conserve urban open space, preserve
existing habitat, provide for low-impact recreational and
educational uses, restore wildlife and habtat, and improve
water quality in the Lower Los Angeles River and San Gabriel
River watersheds. The Rivers and Mountain Conservancy has been
aided by over $90 million in State and local funding for the
acquisition and restoration of lands along the two rivers.
The needs of this region, however, surpass the capabilities
of the State and local governments. Even with the modifications
that have been made to both of the rivers and their surrounding
corridors, they provide important wildlife habitat, including
habitat for about 50 endangered species, and provide biological
links to the remaining habitat in the Angeles National Forest.
The area has a rich cultural heritage, including
approximately 9 properties on the National Register of Historic
Places within the study area boundaries and 96 properties on
the California Register of Historic Places. In addition, the
river corridors provide important recreational opportunities,
with an estimated 8 million recreational visits each year.
Several successful efforts have been undertaken to provide
bikeways and hiking along the rivers' banks.
S. 1865 would authorize the National Park Service to
undertake a comprehensive study of the Lower Los Angeles River
and San Gabriel River watersheds in consultation with the
Secretary of Agriculture (Forest Service) and the Secretary of
the Army (Army Corps of Engineers) and to make recommendations
for appropriate management of the area. In addition to
assessing the suitability and feasibility of possible
designation as a unit of the National Park System, the study
would examine other alternatives, including greenways, scenic
roadways, and river and trail corridors.
LEGISLATIVE HISTORY
S. 1865 was introduced by Senator Boxer on December 20,
2001. The Subcommittee on National Parks held a hearing on S.
1865 on July 18, 2002. At the business meeting on July 31,
2002, the Committee on Energy and Natural Resources ordered S.
1865, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass S. 1865, if amended as
described herein.
COMMITTEE AMENDMENT
During the consideration of S. 1865, the Committee adopted
a substitute amendment which made several clarifying and
conforming changes. In addition, the amendment requires the
Secretary of the Interior to conduct the study in consultation
with the Secretary of Agriculture and the Secretary of the
Army, to reflect the inclusion of lands managed by the Forest
Service and the Army Corps of Engineers within the study area.
SECTION-BY-SECTION ANALYSIS
Section 1 designates the short title as the ``San Gabriel
River Watersheds Study Act of 2002''.
Section 2 directs the Secretary of the Interior, in
consultation with the Secretary of Agriculture and the
Secretary of the Army, to conduct a comprehensive resources
study of the Lower Los Angeles River and San Gabriel River
watersheds, sets forth requirements for conducting the study,
consultation and considerations.
Section 3 provides that a report on the findings,
conclusions, and recommendations of the study be submitted to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives
within 3 fiscal years from the date on which funds are made
available.
COST AND BUDGETARY CONSIDERATION
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 12, 2002.
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. 1865, the San
Gabriel River Watersheds Study Act of 2002.
If you wish further details on this estimate, we will be
pleased to proved them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 1865--San Gabriel River Watersheds Study Act of 2002
S. 1865 would direct the Department of the Interior to
study the natural and recreational resources of segments of the
San Gabriel Mountains and the San Gabriel River and its
tributaries. The study would evaluate options for future
management and protection of the two areas. The bill would
required the department to report its findings and
recommendations within three years of receiving funding for the
study.
Assuming the availability of appropriated funds, CBO
estimates that it would cost less than $500,000 over the next
three years to complete the required study and report. Enacting
the bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply.
S. 1865 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.
On July 31, 2002, CBO transmitted a cost estimate for H.R.
2534, the San Gabriel River Watershed Study Act of 2002, as
ordered reported by the House Committee on Resources on July
24, 2002. H.R. 2534 and S. 1865 are very similar, and the
estimated costs of the two pieces of legislation are identical.
The CBO staff contact for this estimate is Deborah Reis.
The 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. 1865. 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, is any, additional paperwork would result from the
enactment of S. 1865, as ordered reported.
EXECUTIVE COMMUNICATIONS
On, July 30, 2002, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1865. These
reports had not been received at the time the report on S. 1865
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department's views on S. 1865, a bill to study the lower Los
Angeles River and San Gabriel watersheds in the Los Angeles
Basin. On June 13, 2002, the Department testified before the
Subcommittee of National Parks, Recreation and Public Lands, of
the House Committee on Resources, on an identical bill, H.R.
2534, which had been introduced by Congresswoman Hilda Solis.
The Department does not oppose the bill. However, the
Department did not request additional funding for this study in
Fiscal Year 2003. We believe that any funding requested should
be directed towards completing previously authorized studies.
Presently, there are 34 studies pending, of which we expect to
transmit 4 to Congress by the end of 2002. To meet the
President's Initiative to eliminate the deferred maintenance
backlog, we must continue to focus our resources on caring for
existing areas in the National Park System. Thus, we have
concerns about adding new funding requirements for new park
units, national trails, wild and scenic rivers or heritage
areas at the same time that we are trying to reduce the
deferred maintenance backlog. As such, theDepartment will
identify all acquisition, one-time and operational costs of the
proposed site. At this time, those costs are unknown.
In addition to S. 1865, Senator Feinstein has introduced S.
2571, a bill to evaluate and study the suitability and
feasibility of establishing the Rim of the Valley Corridor as a
unit of Santa Monica Mountains National Recreation Area. These
bills affect nearly adjacent territories in the Los Angeles
basin and affect nearly identical large constituencies. As any
study would include a public involvement component, combining
the planning effort to evaluate both areas would not only be
less confusing to the public but also more cost-effective for
the government. Since a study of the San Gabriel and Lower Los
Angeles Rivers is estimated to cost approximately $500,000,
there could be considerable efficiencies gained by combining
and narrowing the focus of these two proposed studies.
While some familiar with the Lower Los Angeles River and
San Gabriel River watersheds may think of them as concrete-
lined ditches, the rivers provide an important opportunity for
low-impact recreation for many urban residents in adjacent
communities. Several successful efforts have already been
undertaken to provide bikeways and hiking areas along the
river's banks. Additionally, small tracts of green space have
been acquired to provide outdoor recreation opportunities in
the form of playgrounds for children, picnic areas, benches for
rest and respite from the urban environment and for areas to
walk and bicycle. Many areas have been replanted with a variety
of native vegetation to enhance the local environment.
This study will assess habitat quality, access to urban
open space, low-impact recreation and educational uses,
wildlife and habitat restoration and protection and watershed
improvements along the Los Angeles and San Gabriel watersheds
as well as the Valley of the Rim corridor surrounding the San
Fernando and La Crescenta Valleys. This latter corridor
consists of portions of the Santa Monica Mountains, Santa
Susanna Mountains, San Gabriel Mountains, Verdugo Mountains,
San Rafael Hills and the connector to Los Padres and San
Bernardino National Forests.
The National Park Service has some familiarity with the
region and these watersheds. Our National Park Service Rivers
and Trails Conservation Assistance Program continues to have
interaction with communities along the Los Angeles River and
has provided technical assistance for outdoor recreation
potential. Additionally, the Santa Monica Mountains National
Recreation Area protects for 153,750 acres while providing
recreational opportunities for approximately 530,000 visitors
annually.
The watershed of the Los Angeles and San Gabriel Rivers
contains important natural resources, which are disappearing in
Los Angeles County. The continuous greenbelt corridors serve as
habitat for breeding, feeding, resting or migrating birds and
mammals, while allowing migration to take place around and
amongst the urban areas. The higher reaches of the watershed
also contain significant examples of rock outcroppings, as well
as native vegetation.
This area has a rich cultural heritage, which is evident by
the approximately 9 properties within the boundaries of the
study area on the National List of Historic Places and 96
properties on the state register of historic places. These
properties weave a rich tapestry of the cultural history of the
area and include Mission San Gabriel Archangel, the mission
founded in 1771 by the Spanish missionaries who were moving up
the coast of California; Mission San Fernando Rey de Espana,
founded in 1797; Merced Theatre, the first building built
expressly for theatrical purposes in Los Angeles, dating back
to 1870; Lummis House, constructed by Charles F. Lummis, an
author, editor, poet, athlete, librarian, historian and
archeologist during his life from 1859-1928; Los Encinos State
Historic Park, used as a headquarters by the Franciscan padres
before they built Mission San Fernando; Angeles Flight Railway,
which was an incline railway built in 1901 to carry residents
up the hill from the downtown shopping district; and Alvarado
Terrace Historic District, which includes 12 buildings
displaying prime examples of architecture and social history
from 1900-1924.
The Los Angeles River and San Gabriel River watershed is
adjacent to the Angeles National Forest and contains state,
county and local parks within. The recreational experience
would be heightened by the establishment of trail connections
and linkages for the urban populations of Los Angeles, as well
as for visitors. These connections would also allow users to
leave the populated areas and connect to the prime natural
areas in the region. These trails would be used for hiking,
mountain biking, nature study and bird watching.
A study will outline public-private partnerships, which are
core to preserving large tracts of open space such as are
included in this study. The San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy (RMC) was established as an
independent State agency within the Resources Agency of the
State of California in 1999. It was established to preserve
urban space and habitats in order to provide for low-impact
recreation and educational uses, wildlife and habitat
restoration and protection and watershed improvements. The RMC
has brought diverse groups together to work in partnership to
protect the precious resources within these two watersheds.
Any study that is undertaken along the San Gabriel and
Lower Los Angeles Rivers will involve extensive public
meetings, extended comment periods and more complex analyses
because issues and options in a large, urban area with such a
diverse and extensive group of stakeholders at all levels of
government would be considered.
This concludes my testimony. Thank you for the opportunity
to discuss this issue and I would be willing to answer any
questions you may have on this issue.
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. 1865, as
ordered reported.