[Senate Report 109-238]
[From the U.S. Government Publishing Office]
Calendar No. 400
109th Congress Report
SENATE
2d Session 109-238
======================================================================
DOROTHY BUELL MEMORIAL VISITOR CENTER
LEASE ACT
_______
April 20, 2006.--Ordered to be printed
Filed, under authority of the order of the Senate of April 7, 2006
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1913]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1913) to authorize the Secretary of the
Interior to lease a portion of the Dorothy Buell Memorial
Visitor Center for use as a visitor center for the Indiana
Dunes National Lakeshore, 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. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Memorandum of understanding.
Sec. 104. Lease agreement.
Sec. 105. Authorization of appropriations.
TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS
Sec. 201. Short title.
Sec. 202. Gaylord Nelson Wilderness.
Sec. 203. Arlington House land transfer.
Sec. 204. Cumberland Island Wilderness.
Sec. 205. Petrified Forest boundary.
Sec. 206. Commemorative works.
Sec. 207. Ojito Wilderness.
TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER
SEC. 101. SHORT TITLE.
This title may be cited as the ``Dorothy Buell Memorial Visitor
Center Lease Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Porter
County Convention, Recreation and Visitor Commission.
(2) Lakeshore.--The term ``Lakeshore'' means the Indiana
Dunes National Lakeshore.
(3) Lakeshore center.--The term ``Lakeshore Center'' means
the visitor center for the Lakeshore authorized under section
104(a).
(4) Memorial center.--The term ``Memorial Center'' means the
Dorothy Buell Memorial Visitor Center located south of the
Lakeshore boundary on Indiana Route 49.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 103. MEMORANDUM OF UNDERSTANDING.
(a) In General.--The Secretary may enter into a memorandum of
understanding with the Commission to establish a joint partnership with
respect to the management of the Memorial Center.
(b) Requirements.--The memorandum of understanding shall--
(1) identify the overall goals and purposes of the Memorial
Center;
(2) describe the allocation of management and operational
duties between the Secretary and the Commission with respect to
the Memorial Center;
(3) identify how activities of the Memorial Center will be
funded;
(4) identify the parties responsible for providing amenities
at the Memorial Center;
(5) establish procedures for changing or dissolving the joint
partnership; and
(6) address any other issues determined to be appropriate by
the Secretary or the Commission.
SEC. 104. LEASE AGREEMENT.
(a) In General.--After entering into a memorandum of understanding
under section 103(a), the Secretary may enter into an agreement with
the Commission to lease space in the Memorial Center for use as a
visitor center for the Lakeshore.
(b) Staff.--The Secretary may use employees of the Lakeshore to
provide visitor information and education at the Lakeshore Center.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as
are necessary to carry out this title.
TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Public Land Technical Amendments Act
of 2006''.
SEC. 202. GAYLORD NELSON WILDERNESS.
(a) Redesignation.--Section 140 of division E of the Consolidated
Appropriations Act, 2005 (16 U.S.C. 1132 note; Public Law 108-447), is
amended--
(1) in subsection (a), by striking ``Gaylord A. Nelson'' and
inserting ``Gaylord Nelson''; and
(2) in subsection (c)(4), by striking ``Gaylord A. Nelson
Wilderness'' and inserting ``Gaylord Nelson Wilderness''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the ``Gaylord A. Nelson
Wilderness'' shall be deemed to be a reference to the ``Gaylord Nelson
Wilderness''.
SEC. 203. ARLINGTON HOUSE LAND TRANSFER.
Section 2863(h)(1) of Public Law 107-107 (115 Stat. 1333) is amended
by striking ``the George Washington Memorial Parkway'' and inserting
``Arlington House, the Robert E. Lee Memorial,''.
SEC. 204. CUMBERLAND ISLAND WILDERNESS.
Section 2(a)(1) of Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat.
709) is amended by striking ``numbered 640/20,038I, and dated September
2004'' and inserting ``numbered 640/20,038K, and dated September
2005''.
SEC. 205. PETRIFIED FOREST BOUNDARY.
Section 2(1) of the Petrified Forest National Park Expansion Act of
2004 (16 U.S.C. 119 note) is amended by striking ``numbered 110/80,044,
and dated July 2004'' and inserting ``numbered 110/80,045, and dated
January 2005''.
SEC. 206. COMMEMORATIVE WORKS.
Section 8908(b)(1) of title 40, United States Code, is amended in the
second sentence by striking ``House Administration'' and inserting
``Resources''.
SEC. 207. OJITO WILDERNESS.
Section 2(1) of the Ojito Wilderness Act (16 U.S.C. 1132 note; Public
Law 109-94) is amended by striking ``October 1, 2004'' and inserting
``January 24, 2006''.
Purpose of the Measure
The purpose of S. 1913 is to authorize the Secretary of the
Interior to enter into a partnership with the Porter County
Convention, Recreation and Visitor Commission to lease space
within the Commission's Dorothy Buell Visitor Center, and to
make technical corrections to several national park-related
measures.
Background and Need
Indiana Dunes National Lakeshore was established by
Congress in 1966. The 15,067-acre park stretches for 25 miles
along the shore of Lake Michigan in northwest Indiana.
For the past 8 years, Indiana Dunes National Lakeshore and
the Porter County Convention, Recreation and Visitor Commission
(Porter County) have worked together to find ways to welcome
visitors to the lakeshore and the county. Both organizations
currently own visitor centers that are far from the main
transportation routes between the local Interstate and the
lakeshore. As a consequence, few people find them or learn
about the activities and services offered by the lakeshore and
Porter County.
In 2003, the park and Porter County met with the public to
propose a new visitor facility, the Dorothy Buell Memorial
Visitor Center. State and local governments, local non-profit
organizations, and the local media endorsed the proposal. Over
the past few years, the Porter Commission secured funds to
acquire property and build the center. On November 1, 2005,
they held a groundbreaking ceremony at a site considered the
gateway to the lakeshore, the intersection of Indiana 49 and
U.S. 20. This site is outside the park boundary.
A recent transportation study suggests that the number of
visitors to the new visitor facility would be triple the number
of visitors to existing facilities.
S. 1913 would authorize the Secretary to enter into a
Memorandum of Understanding (MOU) with the Porter Commission to
operate the Visitor Center. The MOU would define the rights and
responsibilities of both the Secretary and the Commission with
respect to the operation and management of the Center.
Legislative History
S. 1913 was introduced by Senator Lugar on October 25,
2005. The Subcommittee on National Parks held a hearing on S.
1913 on February 16, 2006. At its business meeting on March 8,
2006, the Committee on Energy and Natural Resources ordered S.
1913 favorably reported as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on March 8, 2006, by unanimous voice vote of a
quorum present, recommends that the Senate pass S. 1913, if
amended as described herein.
Committee Amendment
During consideration of S. 1913, the Committee adopted an
amendment in the nature of a substitute. The amendment added
title II to the bill. Title II makes technical corrections to
existing laws affecting Apostle Islands National Seashore;
Arlington House, the Robert E. Lee Memorial; Cumberland Island
National Seashore; Petrified Forest National Park; the Ojito
Wilderness in New Mexico; and the Commemorative Works Act.
Section-by-Section Analysis
TITLE I
Section 101 names title I as the ``Dorothy Buell Memorial
Visitor Center Lease Act''.
Section 102 defines terms.
Section 103(a) authorizes the Secretary of the Interior to
enter into a Memorandum of Understanding (MOU) with the Porter
County Convention, Recreation and Visitor Commission.
Subsection (b) requires that the MOU define the duties,
rights, and responsibilities of both the Secretary and the
Commission with respect to the Dorothy Buell Memorial Visitor
Center.
Section 104(a) authorizes the Secretary to lease space
within the Porter County Commission's Visitor Center.
Subsection (b) authorizes the Secretary to use National
Park Service employees to staff the center.
Section 105 authorizes the funds necessary to carry out
this Act.
TITLE II
Section 201 names title II as the ``Public Land Technical
Amendments Act of 2006''.
Section 202 changes the name of the Gaylord A. Nelson
Wilderness at Apostle Islands National Lakeshore, Wisconsin, to
the Gaylord Nelson Wilderness.
Section 203 clarifies that the land transfer in section
2863 of Public Law 107-107 applies to Arlington House, the
Robert E. Lee Memorial, and not the George Washington Memorial
Parkway.
Section 204 corrects a reference to a map cited in the law
creating the Cumberland Island Wilderness at Cumberland Island
National Seashore, Georgia.
Section 205 corrects a reference to a map in the Petrified
Forest National Park Expansion Act of 2004.
Section 206 corrects the name of the House Committee
referred to in a section of the Commemorative Works Act.
Section 207 corrects a reference to a map in Public Law
109-94, the Ojito Wilderness Act.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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. 1913. 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 S. 1913, as ordered reported.
Executive Communications
The views of the Administration on S. 1913 were included in
testimony received by the Committee at a hearing on the bill on
February 16, 2006. This testimony follows:
Statement of John Parsons, Associate Regional Director, National
Capital Region, National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 1913, a bill to
authorize the Secretary of the Interior to lease a portion of
the Dorothy Buell Memorial Visitor Center for use as a visitor
center for the Indiana Dunes National Lakeshore. The Department
strongly supports enactment of S. 1913. The Administration
transmitted a similar proposal to Congress on September 30,
2005.
S. 1913 would authorize the National Park Service (NPS) to
use federally appropriated funds to lease space in the Dorothy
Buell Memorial Visitor Center, a new visitor facility being
built by the Porter County Convention, Recreation and Visitor
Commission (PCCRVC) outside the boundary of Indiana Dunes
National Lakeshore (national lakeshore). It would also
authorize the Secretary of the Interior to enter into a
Memorandum of Understanding with the Porter County Convention,
Recreation and Visitor Commission prior to entering into a
lease agreement. The Memorandum of Understanding would outline
the terms of the joint partnership, including cooperative
management of the new visitor facility and sharing of
operational activities.
The new Dorothy Buell Memorial Visitor Center is located
approximately three quarters of a mile south of the national
lakeshore boundary on IN 49, the principal north/south artery
into the national lakeshore. It will be owned by the PCCRVC and
space will be leased to the national lakeshore. The two parties
will jointly plan and staff the new visitor center and offer
``one-stop shopping'' for the visitor with exhibits and theater
space to educate them about the resources found in the park,
aspects of threatened and endangered species management,
habitat preservation, and wetlands restoration.
In 1998, the national lakeshore and the PCCRVC began to
explore the concept of a joint visitor center to be shared by
the PCCRVC, the national lakeshore, and the Indiana Dunes State
Park. Both the national lakeshore and the PCCRVC suffer from
low visitation at their respective visitor centers due to their
poor locations away from the primary thoroughfares. Only about
66,000 visitors to the national lakeshore, just 3 percent of
the park's 2 million visitors, travel to the existing visitor
center each year. Because of the existing visitor center's
inconvenient location, size, and layout, the national
lakeshore's General Management Plan recommended relocating the
existing visitor center to the more heavily traveled IN 49
corridor. The old visitor center would then be used exclusively
for school programs, which the national lakeshore currently
hosts for over 50,000 students per year.
A partnership to acquire land for a new site was initiated.
A more prominent location outside the national lakeshore but
within the primary travel corridor to the dunes was selected.
Using a series of Transportation Enhancement grants, the PCCRVC
purchased the land and secured a contract for construction. The
site for the new facility will be the cornerstone of a small
commercial center.
A transportation study indicated that the new visitor
facility would increase revenue to the area by $24 million and
visitor center visitation by over 300 percent. Commercial tour
bus operators would be advised of the new visitor center and
could include it as the first stop on their way into the
national lakeshore or state park for information and
orientation to the area. Local schools also would be directed
to the new visitor facility to begin their educational trips to
the national lakeshore. Visitor contact facilities and waysides
within both the national lakeshore and the state park would
provide information regarding the new visitor facility and list
its location.
S. 1913 would provide authority to Indiana Dunes National
Lakeshore to expend federally appropriated funds outside the
boundaries of the park in order to lease space for exhibits,
offices, a book store, and a theatre from PCCRVC. It would also
authorize the expenditure of funds for the planning, design and
development of exhibits to be placed in the new facility in the
NPS-leased space and provide NPS staff for visitor information
and education.
Passage of S. 1913 would have minimal impact on the park's
current budget. The space that would be leased by the NPS
includes room for exhibits, offices, a theatre, and a book
store that would be operated by the national lakeshore's
cooperating association. Park staff would be relocated to the
new visitor facility to provide education and information, so
no additional FTEs are required or expected as a result of this
proposal. The national lakeshore will continue to participate
in the development of the new visitor facility's design plans,
providing input for enhancing visitor flow and sustainability
and offering technical advice on issues such as native
landscaping.
A one-time cost of approximately $1,200,000 would be needed
to design, construct, and install exhibits in space leased for
the national lakeshore. The NPS would include the project in
the next update of its five-year construction plan. Annual
lease payments would be approximately $70,000. This cost
increase would be offset within the park's base budget with a
reduction in lower priorities, so no additional operational
funding would be requested or expected.
Two million visitors travel to Indiana Dunes National
Lakeshore each year. Many of them are from the Chicago
metropolitan area and are often unaware that the national
lakeshore is a unit of the National Park System. By relocating
the primary visitor contact point to a more prominent location,
the park would have the opportunity to contact and educate four
times as many visitors regarding the national lakeshore's
programs and resources as well as helping them understand the
mission of the National Park Service.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks and I will be happy to
answer any questions you or other committee members might have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1913, as ordered reported, as 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):
Public Law 108-447, 108th Congress
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2005, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
Sec. 140. (a) Short Title.--This section may be cited as
the ``[Gaylord A. Nelson] Gaylord Nelson Apostle Islands
National Lakeshore Wilderness Act''.
(b) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled
``Apostle Islands Lakeshore Wilderness'', numbered 633/
80,058 and dated September 17, 2004.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) High-water mark.--The term ``high-water mark''
means the point on the bank or shore up to which the
water, by its presence and action or flow, leaves a
distinct mark indicated by erosion, destruction of or
change in vegetation or other easily recognizable
characteristic.
(c) Designation of Apostle Islands National Lakeshore
Wilderness.--
(1) Designation.--Certain lands comprising
approximately 33,500 acres within the Apostle Islands
National Lakeshore, as generally depicted on the map
referred to in subsection (b), are hereby designated as
wilderness in accordance with section 3(c) of the
Wilderness Act (16 U.S.C. 1132), and therefore as
components of the National Wilderness Preservation
System.
(2) Map and description.--
(A) The map referred to in subsection (b)
shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(B) As soon as practical after enactment of
this section, the Secretary shall submit a
description of the boundary of the wilderness
areas to the Committee on Energy and Natural
Resources of the Senate and the Committee on
Resources of the United States House of
Representatives.
(C) The map and description shall have the
same force and effect as if included in this
section, except that the Secretary may correct
clerical and typographical errors in the
description and maps.
(3) Boundary of the wilderness.--Any portion of
wilderness designated in paragraph (c)(1) that is
bordered by Lake Superior shall use as its boundary the
high-water mark.
(4) Naming.--The wilderness area designated by this
section shall be known as the [Gaylord A. Nelson
National Wilderness] Gaylord Nelson Wilderness.
* * * * * * *
----------
Public Law 107-107, 107th Congress
AN ACT To authorize appropriations for fiscal year 2002 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
* * * * * * *
SEC. 2863. ALTERNATIVE SITE FOR UNITED STATES AIR FORCE MEMORIAL,
PRESERVATION OF OPEN SPACE ON ARLINGTON RIDGE
TRACT, AND RELATED LAND TRANSFER AT ARLINGTON
NATIONAL CEMETERY, VIRGINIA.
* * * * * * *
(h) Land Transfer, Section 29.--
(1) Transfer required.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
the Interior shall transfer, without reimbursement, to
the Secretary of the Army administrative jurisdiction
over that portion of Section 29 designated as the
interment zone and consisting of approximately 12
acres. The Secretary of the Interior shall modify the
boundaries of [the George Washington Memorial Parkway]
Arlington House, the Robert E. Lee Memorial as may be
necessary to reflect the land transfer required by this
subsection.
----------
Public Law 97-250, 97th Congress
AN ACT To correct the boundary of Crater Lake National Park in the
State of Oregon, and for other purposes.
Be enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
``SEC. 2. CUMBERLAND ISLAND WILDERNESS.
``(a) Definitions.--In this section:
``(1) Map.--The term `map' means the map entitled
`Cumberland Island Wilderness', [numbered 640/20,038I,
and dated September 2004] numbered 640/20,038K and
dated September 2005.
``(2) Secretary.--The term `Secretary' means the
Secretary of the Interior.
``(3) Wildnerness.--The term `Wilderness' means the
Cumberland Island Wilderness established by subsection
(b).
``(4) Potential wildnerness.--The term `Potential
Wilderness' means the 10,500 acres of potential
wilderness described in subsection (c)(2), but does not
include the area at the north
* * * * * * *
----------
Public Law 108-430, 108th Congress
AN ACT To revise the boundary of the Petrified Forest National Park in
the State of Arizona, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Petrified Forest National
Park Expansion Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Proposed Boundary Adjustments, Petrified Forest
National Park'', [numbered 110/80,044, and dated July
2004] numbered 110/80,045, and dated January 2005.
(2) Park.--The term ``Park'' means the Petrified
Forest National Park in the State.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(4) State.--The term ``State'' means the State of
Arizona.
* * * * * * *
---------- --
--------
40 U.S.C. Sec. 8908
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle II--Public Buildings and Works
PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
COLUMBIA
CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
SEC. 8908. AREAS I AND II
* * * * * * *
(b) Specific Conditions Applicable to Area I and Area II.--
(1) Area i.--After seeking the advice of the National
Capital Memorial Commission, the Secretary or
Administrator, as appropriate, may recommend the
location of a commemorative work in Area I only if the
Secretary or Administrator decides that the subject of
the commemorative work is of preeminent historical and
lasting significance to the United States. The
Secretary or Administrator shall notify the Commission,
the Committee on [House Administration] Resources of
the House of Representatives, and the Committee
* * * * * * *
---------- --
--------
Public Law 109-94, 109th Congress
AN ACT To designate the Ojito Wilderness Study Area as wilderness, to
take certain land into trust for the Pueblo of Zia, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Ojito Wilderness Act'' and dated [October 1, 2004]
January 24, 2006.
(2) Pueblo.--The term ``Pueblo'' means the Pueblo of
Zia.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
* * * * * * *