[Senate Report 108-65]
[From the U.S. Government Publishing Office]
Calendar No. 129
108th Congress Report
SENATE
1st Session 108-65
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SAN GABRIEL RIVER WATERSHED STUDY ACT
_______
June 9, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 519]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 519) to authorize the Secretary of the
Interior to conduct a study of the San Gabriel River Watershed,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 519 is to direct the Secretary of the
Interior, in consultation with other management and government
entities, to conduct a special resource study of portions of
the San Gabriel River and its tributaries, 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
H.R. 519 directs a special resource study of portions of
the San Gabriel River and the San Gabriel Mountains to
determine whether they meet the criteria for addition to the
National Park System, and offer alternative recommendations for
their protection. The San Gabriel River Watershed runs south
from the San Gabriel Mountains through a heavily urbanized part
of Los Angeles County.
The study area includes the San Gabriel River and its
tributaries north of Santa Fe Springs, and a portion of the San
Gabriel Mountains that lies within the jurisdiction of the San
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
The study would assess low-impact recreation and educational
uses, access to urban open space, habitat quality, wildlife and
habitat restoration and protection, and watershed improvements
within that area.
The watershed of the San Gabriel River contains important
natural resources, which are disappearing throughout Los
Angeles County. Continuous greenbelt corridors provided by the
river serve as habitat for breeding, feeding, resting or
migrating birds and mammals, which allows migration to take
place through developed areas.
The area has a rich cultural heritage, which is evident by
the large number of historically significant properties within
the proposed study area. Among them is the Mission San Gabriel
Archangel, founded in 1771 by the Spanish missionaries who were
moving up the coast of California.
In addition, the river corridors provide important
recreational opportunities, with an estimated 8 million
recreational visits each year. The study will look at
opportunities for establishing recreational trails between the
natural areas and the communities in the region.
LEGISLATIVE HISTORY
H.R. 519 was introduced by Representative Solis on January
31, 2003 and passed the House of Representatives by a voice
vote on March 19, 2003. Companion legislation, S. 630, was
introduced by Senator Boxer on March 17, 2003. The Subcommittee
on National Parks held a hearing on H.R. 519 and S. 630 on May
13, 2003. During the 107th Congress, the Committee reported a
similar measure, S. 1865. The text of S. 1865 was included as
an amendment to S. 941, which was passed by the Senate on
November 19, 2002.
At the business meeting on May 21, 2003, the Committee on
Energy and Natural Resources ordered H.R. 519 favorably
reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 21, 2003, by a unanimous vote of a
quorum present, recommends that the Senate pass H.R. 519 as
described herein.
SECTION-BY-SECTION ANALYSIS
Section 1 designates the title as the ``San Gabriel River
Watershed Study Act''.
Section 2(a) directs the Secretary of the Interior to
conduct a special resource study of the San Gabriel River and
tributaries north of Santa Fe Springs and certain portions of
the San Gabriel Mountains.
Subsection (b) states that section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and
completion of the study.
Subsection (c) directs the Secretary of the Interior to
conduct the study in consultation with the San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy and other
Federal, State and local government entities.
Subsection (d) identifies considerations in conducting the
study and its self explanatory.
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 CONSIDERATIONS
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, May 27, 2003.
Hon. Pete V. Domenici,
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 H.R. 519, the San
Gabriel River Watersheds Study Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 519--San Gabriel River Watersheds Study Act
H.R. 519 would direct the Department of the Interior to
conduct a special resource study of the San Gabriel Mountains
and the San Gabriel River and its tributaries. The act would
direct the department to specifically consider the flood
control, drainage, and wastewater treatment needs of the
region. H.R. 519 would require 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
this legislation would not affect direct spending or revenues.
H.R. 519 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 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 H.R. 519. 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. 519, as ordered reported.
EXECUTIVE COMMUNICATIONS
On, May 12, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Interior and the Office of Management and Budget setting forth
Executive agency recommendations on H.R. 519. These reports had
not been received at the time the report on H.R. 519 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 Sue Masica, Associate Director, Park Planning, Facilities,
and Lands, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department's views on S. 630 and H.R. 519. These bills, which
are virtually identical, would authorize the Secretary of the
Interior to conduct a special resource study of the San Gabriel
river Watershed in Southern California. H.R. 519 passed the
House on March 19, 2003.
Special resource studies assess resources in the study
area, determine whether they meet the criteria for addition to
the National Park System, and offer alternative recommendations
for their protection. S. 630 and H.R. 519 would authorize the
study of the San Gabriel River Watershed, which runs south from
the San Gabriel Mountains through a heavily urbanized part of
Los Angeles County. The Department supports studying this area.
However, because the study area includes a significant amount
of United States Forest Service lands, we believe that the bill
should be amended to authorize a joint study with the
Department of Agriculture.
At first glance, many may view this river as simply a
concrete-lined ditch, however, it provides an important
opportunity for low-impact recreation for many urban residents.
Several successful efforts have already been undertaken to
provide bikeways and hiking areas along the banks of the San
Gabriel. Additionally, small tracts of green space have been
acquired to provide playgrounds, picnic areas, bicycling and
walking trails. Native vegetation has been restored, repairing
habitats and beautifying the landscape in many areas.
The study area specified by S. 630 and H.R. 519 includes
the San Gabriel River and its tributaries north of and
including Santa Fe Springs, and the portion of the San Gabriel
Mountains that lie within the jurisdiction of the San Gabriel
and Lower Los Angeles Rivers and Mountains Conservancy (RMC).
The study would assess low-impact recreation and educational
uses, access to urban open space, habitat quality, wildlife and
habitat restoration and protection, and watershed improvements
within that area.
The watershed of the San Gabriel River contains important
natural resources, which are disappearing throughout Los
Angeles County. Continuous greenbelt corridors provided by the
river serve as habitat for breeding, feeding, resting or
migration birds and mammals, which allows migration to take
place through developed areas. The rugged terrain of the higher
reaches of the watershed contains different habitats including
rock outcroppings and vegetation native to the Pacific coast
foothills.
This area also has a rich cultural heritage, which is
evident by the large number of historically significant
properties within the proposed study area. Among them is the
Mission San Gabriel Archangel, founded in 1771 by the Spanish
missionaries who were moving up the coast of California.
The San Gabriel River Watershed contains part of the
Angeles National Forest and several state, county and local
parks. The proposed study would look at opportunities for
establishing recreational trails between these natural areas
and the communities in the region. The estimated cost of the
study is $375,000. In FY 2003, about $1 million was provided
for special resource studies. There are 29 studies previously
authorized by Congress that are being funded from the special
resource study budget, nearly half of which will have at least
some funding needs beyond FY 2003. We transmitted 6 special
resource studies to Congress in FY 2002, and we expect to
transmit about 15 this fiscal year or early next fiscal year.
Our highest priority is to complete pending studies, though we
expect to start newly authorized studies as soon as funds are
made available.
Recognizing the limitation of federal resources for
acquiring and managing land, the study would have to examine a
number of alternatives for protecting resources in the area.
Alternatives to federal management of resources that are often
considered in a special resource study for this type of area
include national trail designations, national heritage area
designations, and the provision of technical assistance to
state and local governments for conservation of rivers, trails,
natural areas, and cultural resources. A study of an area where
land ownership and jurisdictional boundaries are as complex as
they are in the San Gabriel River Watershed would likely
emphasize public-private partnerships.
In conducting this study, the National Park Service would
work closely with the RMC, which was established in 1999 as an
independent agency within the Resources Agency of the State of
California. The RMC has brought diverse groups together to work
in partnership to protect the valuable resources within the
area under their jurisdiction.
Consideration of the issues and options available for
protecting resources in a large, heavily populated area with
stakeholders at all levels of government calls for extensive
public meetings, comment periods, and analysis. On April 8,
2003, the Senate passed S. 347, which would authorize a study
of the Rim of the Valley Corridor, also in the Los Angeles
metropolitan area. That proposed study and the proposed San
Gabriel River Watershed study, both of which would affect
large, diverse constituencies, would be similar studies
conducted in relative close proximity. If both bills are
enacted in a close timeframe, the National Park Service would
want to coordinate the two studies to achieve efficiencies in
costs and staff resources, and to minimize public confusion.
Mr. Chairman, this concludes my testimony. I would be glad
to answer any questions you 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 Act H.R. 519, as
ordered reported.