[House Report 106-848] [From the U.S. Government Publishing Office] 106th Congress Report HOUSE OF REPRESENTATIVES 2d Session 106-848 ====================================================================== REHABILITATION OF THE GOING-TO-THE-SUN ROAD IN GLACIER NATIONAL PARK _______ September 14, 2000.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Young of Alaska, from the Committee on Resources, submitted the following R E P O R T [To accompany H.R. 4521] [Including cost estimate of the Congressional Budget Office] The Committee on Resources, to whom was referred the bill (H.R. 4521) to direct the Secretary of the Interior to authorize and provide funding for rehabilitation of the Going- to-the-Sun Road in Glacier National Park, to authorize funds for maintenance of utilities related to the Park, 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. FINDINGS. Congress makes the following findings: (1) The historic significance of the 52-mile Going-to-the-Sun Road is recognized by its listing on the National Register of Historic Places in 1983, designation as a National Historic Engineering Landmark by the American Society of Civil Engineers in 1985, and designation as a National Historic Landmark in 1997. (2) A contracted engineering study and Federal Highway Administration recommendations in 1997 of the Going-to-the-Sun Road verified significant structural damage to the road that has occurred since it opened in 1932. (3) Infrastructure at most of the developed areas is inadequate for cold-season (fall, winter, and spring) operation, and maintenance backlog needs exist for normal summer operation. (4) The Many Glacier Hotel and Lake McDonald Lodge are on the National Register of Historic Places and are National Historic Landmarks. Other accommodations operated by the concessioner with possessory interest and listed on the National Register of Historic Places are the Rising Sun Motor Inn and Swiftcurrent Motel. (5) The historic hotels in Glacier National Park, operated under concession agreements with the National Park Service, are essential for public use and enjoyment of the Park. (6) Public consumers deserve safe hotels in Glacier National Park that can meet their basic needs and expectations. (7) The historic hotels in Glacier National Park are significantly deteriorated and need substantial repair. (8) Repairs of the hotels in Glacier National Park have been deferred for so long that, absent any changes to Federal law and the availability of historic tax credits, the remodeling costs for the hotels may exceed the capacity of an investor to finance them solely out of hotel revenues. (9) The current season of operation for hotels is approximately 4 months because the developed areas lack water, sewer, and fire protection systems that can operate in freezing conditions, lack building insulation, and lack heating systems. (10) The National Park Service Concessions Management Improvement Act of 1998 is based upon sound principles and is achieving its basic purposes, but there appear to be selected instances where the National Park Service may need additional authority to conduct demonstration projects. (11) A demonstration project is needed for the repair of the historic hotels in Glacier National Park. SEC. 2. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Going-to-the-Sun Road Citizens Advisory Committee. (2) Park.--The term ``Park'' means Glacier National Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GOING-TO-THE-SUN ROAD STUDY. (a) Feasibility Study.--Not later than December 31, 2001, the Secretary, in consultation with Advisory Committee, shall complete a feasibility study for rehabilitation of Going-to-the-Sun Road located in the Park. The study shall include-- (1) alternatives for rehabilitation of Going-to-the-Sun Road and a ranking of the feasibility of each alternative; (2) an estimate of the length of time necessary to complete each alternative; (3) a description of what mitigation efforts would be used to preserve resources and minimize adverse economic effects of each alternative; (4) an analysis of the costs and benefits of each alternative; (5) an estimate of the cost of each alternative; (6) an analysis of the economic impact of each alternative; (7) an analysis of long-term maintenance needs, standards, and schedules for the road, alternatives to accomplish the rehabilitation, maintenance staff needs, and associated cost estimates; (8) a draft of the environmental impact statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (9) an analysis of improvements to any transportation system relating to the Park that are needed inside or outside the Park. (b) Continuation Maintenance.--Nothing in this section shall affect the duty of the Secretary to continue the program in effect on the day before the date of the enactment of this Act to preserve, maintain, and address safety concerns related to Going-to-the-Sun Road. (c) Implementation of Plan.--As soon as practicable after completing the study required by subsection (a), the Secretary shall-- (1) consider the recommendations of the Advisory Committee; (2) choose an alternative for rehabilitation of the Going-to- the-Sun Road from the alternatives included in the study based upon the final environmental impact statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (3) begin implementation of a plan based on that choice. Implementation actions that are authorized include rehabilitation of Going-to-the-Sun Road and expenditure of funds inside or outside the Park for transportation system improvements related to the Park and impact mitigation if recommended by the study and the Advisory Committee. The Secretary shall also seek funding for the long-term maintenance needs that the study identifies. (d) Report.--Not later than 30 days after completion of the study required under subsection (a), the Secretary shall submit a copy of the study to-- (1) the Committee on Resources and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate. (e) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Secretary to carry out this section, including-- (1) implementation of the plan under subsection (c); and (2) the cost of any necessary environmental or cultural documentation and monitoring, including the draft environmental impact statement required under subsection (a)(8). SEC. 4. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS. (a) In General.--As soon as practicable after funds are made available under this section, the Secretary shall begin the upgrade and continue the maintenance of utility systems which service the Park and facilities related to the Park. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section, $20,000,000. SEC. 5. VISITOR FACILITIES PLAN. (a) Plan for Visitor Facilities.--Not later than December 31, 2001, the Secretary shall complete a comprehensive plan for visitor facilities in the Park. The comprehensive plan shall include the following: (1) A completed commercial services plan, as called for in the Park General Management Plan. (2) A plan for private financing of rehabilitation of lodging facilities and associated property that are listed on the National Register of Historic Places or are part of a district listed on the National Register of Historic Places, which may include historic tax credits, hotel revenue, and other financing alternatives as deemed appropriate by the Secretary, and which may include options such as extending the Park's visitor season, additional visitor facilities, and other options as deemed appropriate by the Secretary in order to recover the rehabilitation costs. (3) A financial analysis of the plan under paragraph (2). (4) A plan by the Secretary to provide necessary assistance to appropriate interested entities for the restoration or comparable replacement of tour buses for use in the Park. (5) A plan for a new visitors center at the west side of the Park, including an appropriate location and design for the center and suitable housing and display facilities for museum objects of the Park as set forth in the Park General Management Plan, including any studies required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (6) A parkwide natural and cultural resources assessment, in accordance with sections 203 and 204 of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 3497), including a comprehensive inventory of resources of the Park. (7) A description of any additional authority requested by the Secretary to implement the comprehensive plan. (b) Submission of Plan.--The Secretary shall submit copies of the comprehensive plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Implementation of Plan.--As soon as practicable after completion of the comprehensive plan, the Secretary shall implement the comprehensive plan, including construct the visitors center pursuant to the plan required by subsection (a)(5). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $1,000,000 to complete the comprehensive plan. PURPOSE OF THE BILL The purpose of H.R. 4521 is to direct the Secretary of the Interior to authorize and provide funding for the rehabilitation of the Going-to-the-Sun Road in Glacier National Park, to authorize funds for maintenance of utilities related to the Park, and for other purposes. BACKGROUND AND NEED FOR LEGISLATION Going-to-the-Sun Road has been used by tourists to reach the interior of Glacier National Park since 1932. This 52-mile stretch of road contains many of the famous and cherished hotels that visitors use when they visit the Park. Unfortunately, significant damage has occurred to many of these buildings since they were opened, and the facilities, along with the road, are not equipped for cold-season operation, and maintenance backlogs for normal summer operations continue. Currently, the historic hotels in Glacier National Park, which are operated under concession agreements with the National Park Service, are in desperate need of repair. Due to the federal law governing concessioners as well as the availability of historic tax credits, the remodeling costs of the hotels are greater than the concessioners' revenue. Such remodeling repairs include the upgrading of fire, water, and sewer systems that can operate in freezing conditions, and the installation of building insulation or heating systems. The concessioners would need to finance the cost of those repairs by borrowing the remodeling expenses, and then repaying them. Because the projected costs of remodeling are so high, and the requirement that concession agreements cannot exceed 20 years, the concessioners are fiscally unable to remodel the hotels in the Park. H.R. 4521 authorizes the Secretary to conduct a study of the Going-to-the-Sun Road, to determine a plan which best suits the needs of the Park. The bill then authorizes the Secretary to implement the plan which best addresses the rehabilitation needs of Going-to-the-Sun Road, and the utility systems which service Glacier National Park. Finally, H.R. 4521 will also allow the Secretary to enter into competitive leases of property found in the Park, under which the lessee will be authorized to provide visitor services to the area. The Secretary may then determine criteria if visitor services are necessary and appropriate, and may allow the rates to be set high enough to allow investment in capital improvements. COMMITTEE ACTION H.R. 4521 was introduced by Congressman Rick Hill (R-MT) on May 23, 2000. The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On June 27, 2000, the Subcommittee held a hearing on the bill. On July 26, 2000, the Resources Committee met to consider the bill. The Subcommittee was discharged from further consideration of the bill by unanimous consent. An amendment in the nature of a substitute was offered by Mr. Hill. The amendment authorized a study of relaxing concessioner rules, so that repairs may be made to the many historic hotels and lodges within the Park. The amendment was adopted by voice vote. No further amendments were offered and the bill, as amended, was 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 and article IV, section 3 of the Constitution of the United States grant 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. Government Reform Oversight Findings. Under clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this bill. 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, September 7, 2000. Hon. Don Young, 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. 4521, a bill to direct the Secretary of the Interior to authorize and provide funding for rehabilitation of the Going-to-the-Sun Road in Glacier National Park and to authorize funding for maintenance of utilities related to the park, and for other purposes. 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 Dan L. Crippen, Director). Enclosure. H.R. 4521--A bill to direct the Secretary of the Interior to authorize and provide funding for rehabilitation of the Going-to-the-Sun Road in Glacier National Park and to authorize funding for maintenance of utilities related to the park, and for other purposes Summary: Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 4521 would cost the federal government $241 million over the next six years. The bill would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would not affect the budgets of state, local, or tribal governments. H.R. 4521 would direct the Secretary of the Interior to improve the infrastructure of Glacier National Park in Montana. Specifically, the bill would require the National Park Service (NPS) to (1) rehabilitate the Going-to-the-Sun Road, which provides access to the interior of the park; (2) upgrade the park's utilities, and (3) plan and develop visitor facilities, including a new visitor center at the west side. For these purposes, the bill would authorize the appropriation of $200 million for road rehabilitation (including the cost of providing alternative transportation and assistance to local residents affected by this project), $20 million for utility upgrades, and $1 million for a comprehensive plan of visitor facilities. Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4521 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment). ---------------------------------------------------------------------------------------------------------------- By fiscal year, in millions of dollars-- -------------------------------------------- 2001 2002 2003 2004 2005 ---------------------------------------------------------------------------------------------------------------- CHANGES IN SPENDING SUBJECT TO APPROPRIATION Estimated authorization level...................................... 11 30 70 80 50 Estimated outlays.................................................. 8 24 58 77 59 ---------------------------------------------------------------------------------------------------------------- Basis of estimate: While the cost of implementing H.R. 4521 would depend on the alternatives chosen by the NPS after it completes the various studies and plans required by the bill. CBO estimates that the agency would spend the $221 million authorized by the bill, plus an additional $20 million to construct new visitor facilities. The timing of these expenditures also would depend greatly on the alternatives chosen, particularly for road rehabilitation. This project, which would cost about $200 million, could be completed in four years (if the road is closed during construction) but could take as many as 12. For this estimate, we estimate that the NPS would choose a plan that would allow most of the work on the road, the utilities, and a new visitor center to be done over the next five years. Because all of these projects could be funded under existing authority (and are already being planned), some or all of these funds could be spent even in the absence of this legislation. This estimate is based on information provided by the NPS and assumes the appropriation of the necessary amounts. Pay-as-you-go considerations: None. Intergovernmental and private-sector impact: H.R. 4521 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of state, local, or tribal governments. Estimate prepared by: Federal costs: Deborah Reis; impact on State, local, and tribal governments: Marjorie Miller; impact on the private sector: Lauren Marks. Estimate 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 State, local, or tribal law. CHANGES IN EXISTING LAW If enacted, this bill would make no changes in existing law.