[Senate Report 108-99]
[From the U.S. Government Publishing Office]
Calendar No. 207
108th Congress Report
SENATE
1st Session 108-99
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LEWIS AND CLARK INTERPRETIVE CENTER
_______
July 11, 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. 255]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 255) to authorize the Secretary of the
Interior to grant an easement to facilitate access to the Lewis
and Clark Interpretive Center in Nebraska City, Nebraska,
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. 255 is to authorize the Secretary of
the Interior to grant an easement to Otoe County, Nebraska, to
allow for the construction of an access road to the Lewis and
Clark Interpretive Center in Nebraska City, Nebraska.
BACKGROUND AND NEED
Congress has authorized the construction of several visitor
centers in conjunction with the bicentennial anniversary of the
Lewis and Clark Voyage of Discovery. One of the centers is
located in Nebraska City. The National Park Service has already
begun construction of the visitor center.
Costs of constructing and maintaining the road will be paid
for by Otoe County, Nebraska. In order to begin construction,
the Secretary of the Interior must grant an easement to the
county. The National Park Service lacks the requisite authority
to cede a road right-of-way. H.R. 255 grants this authority.
LEGISLATIVE HISTORY
H.R. 255 was introduced by Representative Bereuter on
January 8, 2003 and was passed by the House of Representatives
by voice vote on May 14, 2003. The Subcommittee on National
Parks held a hearing on H.R. 255 on June 10, 2003.
At the business meeting on June 25, 2003, the Committee on
Energy and Natural Resources ordered H.R. 255 favorably
reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 25, 2003, by unanimous vote of a
quorum present, recommends that the Senate pass H.R. 255.
SECTION-BY-SECTION ANALYSIS
Section 1 authorizes the Secretary of the Interior to grant
an easement to Otoe County, Nebraska, for the purpose of
constructing and maintaining an access road between the Lewis
and Clark Interpretive Center and two state roads.
Section 2 states that no funds from the Department of the
Interior may be used to fund the design, construction,
maintenance, or operation of the access road.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 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. 255, an act to
authorize the Secretary of the Interior to grant an easement to
facilitate access to the Lewis and Clark Interpretive Center in
Nebraska City, Nebraska.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 255--An act to authorize the Secretary of the Interior to grant an
easement to facilitate access to the Lewis and Clark
Interpretive Center in Nebraska City, Nebraska
CBO estimates that H.R. 255 would have no significant
impact on the federal budget. Enacting the bill would not
affect direct spending or revenues.
H.R. 255 would authorize the Secretary of the Interior to
grant an easement to Otoe County, Nebraska. The easement would
allow the county to build and maintain a road between the Lewis
and Clark Interpretive Center in Nebraska City and certain
nearby roads. Based on information from the Department of the
Interior, CBO estimates that granting the proposed easement
across federal lands would not affect offsetting receipts (a
credit against direct spending) or the department's costs to
manage those lands.
H.R. 255 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.
Any costs incurred by Otoe County to construct or maintain this
access road would be voluntary.
The CBO staff contact for this estimate is Megan Carroll.
This 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. 255. 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. 255, as ordered reported.
EXECUTIVE COMMUNICATIONS
On May 29, 2003, 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 H.R. 255. These
reports had not been received at the time the report on H.R.
255 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 by D. Thomas Ross, Assistant Director, Recreation and
Conservation, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on H.R. 255, a bill to
authorize the Secretary of the Interior to grant an easement to
facilitate access to the Lewis and Clark Interpretive Center.
The Department supports H.R. 255 as passed by the House.
The bill would grant an easement by the National Park Service
(NPS) to Otoe County, Nebraska for the construction and
maintenance of an access road from state and county roads to
the Lewis and Clark Interpretive Trails and Visitors Center in
Nebraska City, Nebraska. The design, construction, and
maintenance of the access road is to be done at no expense to
the Federal government.
The Lewis and Clark Interpretive Center is currently under
construction. It is scheduled to be completed in early 2004
with the grand opening set for July 30, 2004. This coincides
with the Lewis and Clark signature event in Nebraska. The
center will display the flora and fauna documented by the Lewis
and Clark expedition across the country. The NPS recommended
that the center be located in Nebraska City in 1991. That same
year, the Park Service acquired a 65-acre track of land for the
center, a site adjacent to Nebraska City, Nebraska.
H.R. 255 would facilitate the granting of an easement
necessary to create an access road across public land to link
the center to the main roads in the area. NPS would grant the
easement to the Otoe County government so that the county can
construct and maintain the road to the visitor center. When
completed, this access road would provide the access from both
Nebraska State Highway 2 and Otoe County Road 67 for those
visitors to the Missouri River Basin Lewis & Clark Interpretive
Trails and Visitors Center. The bicentennial commemoration of
the Lewis and Clark Corps of Discovery is expected to draw
millions of Americans to sites along the trail over the next
several years. This new center, a permanent facility, will be
one of the stops many will make along the trail.
Mr. Chairman, this concludes my prepared testimony. I would
be happy to answer any questions you or your committee 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. 255, as
ordered reported.