99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–667

REVISING THE BOUNDARIES OF THE GOLDEN GATE NATIONAL RECREATION AREA IN THE STATE OF CALIFORNIA, TO EXTEND THE TERM OF 

THE ADVISORY COMMISSION FOR THE RECREATION AREA, AND FOR 

OTHER PURPOSES

SEPTEMBER 23, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany S. 941]

The Committee on Resources, to whom was referred the bill (S. 

941) to revise the boundaries of the Golden Gate National Recreation Area in the State of California, to extend the term of the advisory commission for the recreation area, 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:

TITLE I—GOLDEN GATE NATIONAL 

RECREATION AREA 

SEC. 101. BOUNDARY ADJUSTMENT. 

Section 2(a) of Public Law 92–589 (16 U.S.C. 460bb–1(a)) is amended—

(1) by striking ‘‘(a)’’ and inserting ‘‘(a) RECREATION AREA LANDS.—’’; 

(2) by striking ‘‘The recreation area shall comprise’’ and inserting the following: 

‘‘(1) IN GENERAL.—The recreation area shall comprise’’; and 

(3) by striking ‘‘The following additional lands are also’’ and all that follows 

through the period at the end of the paragraph and inserting the following: 

‘‘(2) ADDITIONAL LAND.—In addition to the land described in paragraph (1), 

the recreation area shall include—

‘‘(A) the parcels numbered by the Assessor of Marin County, California, 

119–040–04, 119–040–05, 119–040–18, 166–202–03, 166–010–06, 166–010–

07, 166–010–24, 166–010–25, 119–240–19, 166–010–10, 166–010–22, 119–

240–03, 119–240–51, 119–240–52, 119–240–54, 166–010–12, 166–010–13, 

and 119–235–10; 

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‘‘(B) land and water in San Mateo County generally depicted on the map 

entitled ‘Sweeney Ridge Addition, Golden Gate National Recreation Area’, numbered NRA GG–80,000–A, and dated May 1980; ‘‘(C) land acquired under the Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 460bb–1 note; Public Law 10–299); ‘‘(D) land generally depicted on the map entitled ‘Additions to Golden 

Gate National Recreation Area’, numbered NPS–80–076, and dated July 

2000/PWR–PLRPC; and ‘‘(E) land generally depicted on the map entitled ‘Rancho Corral de Tierra 

Additions to the Golden Gate National Recreation Area’, numbered NPS– 80,079A and dated July 2001. ‘‘(3) ACQUISITION AUTHORITY.—The Secretary may acquire land described in 

paragraph (2)(E) only from a willing seller.’’. 

TITLE II—ADVISORY COMMISSIONS 

SEC. 201. GOLDEN GATE NATIONAL RECREATION AREA ADVISORY COMMISSION. 

Section 5 of Public Law 92–589 (16 U.S.C. 460bb–4) is amended— (1) in subsection (b)— (A) by striking ‘‘(b) The Commission’’ and inserting the following: ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Commission’’; 

(B) by striking ‘‘Provided, That the’’ and all that follows through the period; and 

(C) by inserting after paragraph (1) (as designated by subparagraph (A)) 

the following: ‘‘(2) CONSIDERATIONS.—In appointing members to the Commission, the Secretary shall ensure that the interests of local, historic recreational users of the 

recreation area shall be represented.’’; and 

(2) in subsection (g), by striking ‘‘thirty years after the enactment of this Act’’ and inserting ‘‘on December 31, 2012’’. 

SEC. 202. MANZANAR NATIONAL HISTORIC SITE ADVISORY COMMISSION. 

Section 105(h) of Public Law 102–248 (16 U.S.C. 461 note) is amended by striking ‘‘10 years after the date of enactment of this title’’ and inserting ‘‘on December 31, 

2012’’. 

TITLE III—YOSEMITE NATIONAL PARK 

SEC. 301. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds the following: 

(1) The three elementary schools serving the children of employees of Yosemite National Park are served by the Bass Lake Joint Union Elementary School 

District and the Mariposa Unified School District. 

(2) The schools are in remote mountainous areas and long distances from 

other educational and administrative facilities of the two local educational agencies. 

(3) Because of their remote locations and relatively small number of students, 

schools serving the children of employees of the Park provide fewer services in 

more basic facilities than the educational services and facilities provided to students that attend other schools served by the two local educational agencies. 

(4) Because of the long distances involved and adverse weather and road conditions that occur during much of the school year, it is impractical for the children of employees of the Park who live within or near the Park to attend other 

schools served by the two local educational agencies. 

(b) PURPOSE.—The purpose of this title is to authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist 

the State of California or local educational agencies in California in providing educational services for students attending schools located within the Park. 

SEC. 302. PAYMENTS FOR EDUCATIONAL SERVICES. 

(a) AUTHORITY TO PROVIDE FUNDS.—For fiscal years 2003 through 2007, the Secretary may provide funds to the Bass Lake Joint Union Elementary School District 

and the Mariposa Unified School District for educational services to students who 

are dependents of persons engaged in the administration, operation, and maintenance of the Park or students who live at or near the Park upon real property of 

the United States. 

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(b) LIMITATION ON USE OF FUNDS.—Payments made by the Secretary under this 

section may not be used for new construction, construction contracts, or major capital improvements, and may be used only to pay public employees for services otherwise authorized by this title. 

(c) LIMITATION ON AMOUNT OF FUNDS.—Payments made under this section shall not exceed the lesser of $750,000 in any fiscal year or the amount necessary to provide students described in subsection (a) with educational services that are normally 

provided and generally available to students who attend public schools elsewhere in 

the State of California. 

(d) ADJUSTMENT OF PAYMENTS.—Subject to subsection (c), the Secretary is authorized to adjust payments made under this section if the State of California or the 

appropriate local educational agencies do not continue to provide funding for educational services at Park schools at per student levels that are equivalent to or 

greater than those provided in the fiscal year prior to the date of enactment of this 

title. 

(e) SOURCE OF PAYMENTS.— (1) AUTHORIZED SOURCES.—Except as provided in paragraph (2), in order to 

make payments under this section, the Secretary may use funds available to the 

National Park Service from appropriations, donations, or fees. 

(2) EXCEPTIONS.—Funds from the following sources may not be used to make 

payments under this section: 

(A) Fees authorized and collected under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq,). 

(B) The recreational fee demonstration program under section 315 of the 

Department of the Interior and Related Agencies Appropriations Act, 1996 

(as contained in section 101(c) of Public Law 104–134; 16 U.S.C. 460l–6a 

note). 

(C) The national park passport program established under section 602 of 

the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992). 

(D) Emergency appropriations for Yosemite flood recovery. 

(f) DEFINITIONS.—For the purposes of this title, the following definitions apply: 

(1) LOCAL EDUCATIONAL AGENCIES.—The term ‘‘local educational agencies’’ has 

the meaning given that term in section 9101(26) of the Elementary and Secondary Education Act of 1965. 

(2) EDUCATIONAL SERVICES.—The term ‘‘educational services’’ means services 

that may include maintenance and minor upgrades of facilities and transportation to and from school. 

(3) PARK.—The term ‘‘Park’’ means Yosemite National Park. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

SEC. 303. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL PARK. 

Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 

(16 U.S.C. 346e) is amended—

(1) in the first sentence—

(A) by inserting ‘‘and Yosemite National Park’’ after ‘‘Zion National 

Park’’; and 

(B) by inserting ‘‘transportation systems and’’ before ‘‘the establishment 

of’’; and 

(2) by striking ‘‘park’’ each place it appears and inserting ‘‘parks’’. 

TITLE IV—ESTABLISHMENT OF GOLDEN 

CHAIN HIGHWAY AS A NATIONAL HERITAGE 

CORRIDOR STUDY 

SEC. 401. STUDY; REPORT. 

(a) STUDY.—

(1) IN GENERAL.—Not later than 1 year after the date that funds are first 

made available for this section, the Secretary of the Interior, in consultation 

with the affected local governments, the State government, State and local historic preservation offices, community organizations, and the Golden Chain 

Council, shall complete a special resource study of the national significance, 

suitability, and feasibility of establishing Highway 49 in California, known as 

the ‘‘Golden Chain Highway’’, as a National Heritage Corridor. 

(2) CONTENTS.—The study shall include an analysis of—

(A) the significance of Highway 49 in American history; 

(B) options for preservation and use of the highway; 

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(C) options for interpretation of significant features associated with the 

highway; and 

(D) private sector preservation alternatives. 

(3) BOUNDARIES OF STUDY AREA.—The area studied under this section shall 

be comprised of Highway 49 in California extending from the city of Oakhurst 

in Madera County to the city of Tuttletown in Tuolumne County, and lands, 

structures, and cultural resources within the immediate vicinity of the highway. 

(b) REPORT.—Not later than 30 days after completion of the study required by 

subsection (a), the Secretary shall submit a report describing the results of the 

study to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. 

TITLE V—JOHN MUIR NATIONAL HISTORIC 

SITE BOUNDARY ADJUSTMENT 

SEC. 501. BOUNDARY ADJUSTMENT. 

(a) BOUNDARY.—The boundary of the John Muir National Historic Site is adjusted 

to include the lands generally depicted on the map entitled ‘‘Boundary Map, John 

Muir National Historic Site’’ numbered PWR–OL 426–80,044a and dated August 

2001. 

(b) LAND ACQUISITION.—The Secretary of the Interior is authorized to acquire the 

lands and interests in lands identified as the ‘‘Boundary Adjustment Area’’ on the 

map referred to in subsection (a) by donation, purchase with donated or appropriated funds, exchange, or otherwise. 

(c) ADMINISTRATION.—The lands and interests in lands described in subsection (b) 

shall be administered as part of the John Muir National Historic Site established 

by the Act of August 31, 1964 (78 Stat. 753; 16 U.S.C. 461 note). 

TITLE VI—SAN GABRIEL RIVER WATERSHEDS 

STUDY 

SEC. 601. AUTHORIZATION OF STUDY. 

(a) IN GENERAL.—The Secretary of the Interior (hereinafter in this title referred 

to as the ‘‘Secretary’’) shall conduct a special resource study of the following areas: 

(1) The San Gabriel River and its tributaries north of and including the city 

of Santa Fe Springs. 

(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.—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 required by 

this section. 

(c) CONSULTATION WITH FEDERAL, 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 Federal, State, and local governmental 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. 602. REPORT. 

Not later than 3 years after funds are made available for this title, 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 OF THE BILL

The purpose of S. 941 is to revise the boundaries of the Golden 

Gate National Recreation Area in the State of California, to extend 

the term of the advisory commission for the recreation area, and 

for other purposes. 

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BACKGROUND AND NEED FOR LEGISLATION

Golden Gate National Recreation Area (GGNRA) encompasses 

approximately 74,000 acres in several units in Marin, San Mateo 

and San Francisco counties in northern California. The boundaries 

of the GGNRA have been expanded several times since its establishment in 1972 to provide for the inclusion of additional lands. 

The most recent acquisition occurred in 2000, when 1,500 acres 

were added to the park. 

S. 941 would expand the boundaries of the GGNRA to include 

approximately 5,000 acres in San Mateo County, known generally 

as the ‘‘Rancho Corral de Tierra’’ and ‘‘Devils Slide’’ properties. Although negotiations to acquire these lands were ongoing at the 

time of the 2000 acquisition, they were not completed in time for 

inclusion in that legislation. 

The lands to be added to the GGNRA by S. 941 include Montana 

Mountain and other coastal ridges. Rising 2,000 feet from the 

coast, the mountain ridges contain the headwaters and most of the 

watershed for four coastal stream systems. The area also would 

also provide open space and scenic values, with views of the entire 

San Francisco Bay area. Finally, S. 941 would extend the GGNRA 

Advisory Commission by ten years though 2012. 

During Committee consideration of this bill, an amendment was 

adopted which added several new titles to the bill. Title I is the 

Golden Gate National Recreation Area. Title II extends the advisory commissions for the GGNRA and the Manzanar National Historic Site. Title III contains the text of H.R. 3421, to provide adequate school facilities within Yosemite National Park, and for other 

purposes, which passed the House of Representatives on April 30, 

2002 (House Report 107–410). Title IV contains the amended text 

of H.R. 3425, to direct the Secretary of the Interior to study the 

suitability and feasibility of establishing Highway 49 in California, 

known as the ‘‘Golden Chain Highway’’, as a National Heritage 

Corridor. This bill was reported from the Committee on Resources 

on April 9, 2002 (House Report 107–391). Title V is the text of H.R. 

3942, to adjust the boundary of the John Muir National Historic 

Site, and for other purposes. H.R. 3942 was reported from the Committee on Resources on June 18, 2002 (House Report 107–513). 

Title VI is the text of H.R. 2534, to authorize the Secretary of the 

Interior to conduct a special resource study of the Lower Los Angeles River and San Gabriel River watersheds in the State of California, and for other purposes, as reported from the Committee on 

Resources (House Report 107–628) on September 4, 2002. 

COMMITTEE ACTION

S. 941 was introduced on May 23, 2001, by Senator Diane Feinstein (D–CA). The Senate passed the bill with amendments on October 17, 2001. In the House of Representatives, the bill was referred to the Committee on Resources. Within the Committee, S. 

941 was referred to the Subcommittee on National Parks, Recreation, and Public Lands. On September 12, 2002, the Full Resources Committee met to consider the bill. Congressman George 

Radanovich (R–CA) offered an amendment in the nature of a substitute that made the following changes to the reported text: (1) assured that the GGNRA Advisory Committee would include memVerDate Sep 04 2002 05:25 Sep 24, 2002 Jkt 099006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR667.XXX HR667
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bers who would represent the interests of local historic recreational 

users; (2) authorized financial assistance for Yosemite National 

Park schools; (3) authorized a feasibility study on a portion of 

Highway 49 in California; (4) authorized a boundary adjustment 

for the John Muir National Historic Site; and (5) authorized a Special Resource Study for the San Gabriel River Watershed in California. The amendment was agreed to by unanimous consent. The 

bill as amended was then ordered favorably reported to the House 

of Representatives by unanimous consent. 

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. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the proposed advisory committees authorized in 

the bill are not currently being nor could they be performed by one 

or more agencies, an advisory committee already in existence or by 

enlarging the mandate of an existing advisory committee. 

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. The Committee does not believe enactment of 

this bill will have a significant effect on the federal budget. 

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, credit authority, or an increase 

or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

rules of the House of Representatives does not apply. 

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 requested but not received a cost estimate for this bill 

from the Director of the Congressional Budget Office. 

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 any State, local or tribal law.

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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are 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): 

ACT OF OCTOBER 27, 1972

(Public Law 92–589) 

AN ACT To establish the Golden Gate National Recreation Area in the State of 

California, and for other purposes 

* * * * * * *

COMPOSITION AND BOUNDARIES

SEC. 2. ø(a) The recreation area shall comprise¿ (a) RECREATION

AREA LANDS.— (1) IN GENERAL.—The recreation area shall comprise the 

lands, waters, and submerged lands generally depicted on the 

map entitled: ‘‘Revised Boundary Map, Golden Gate National 

Recreation Area’’, numbered NRA–GG–80,003–K and dated October 1978, plus those areas depicted on the map entitled 

‘‘Point Reyes and GGNRA Amendments and dated October 25, 

1979. The authority of the Secretary to acquire lands in the 

tract known as San Francisco Assessor’s Block number 1592 

shall be limited to an area of not more than one and ninetenths acres. Notwithstanding any other provision of this Act, 

the Secretary shall not acquire the Marin County Assessor’s 

parcels numbered 199–181–01, 199–181–06, 199–181–08, 199– 181–13, and 199–181–14, located in the Muir Beach portion of 

the recreation area. For the purposes of this Act, the southern 

end of the town of Marshall shall be considered to be the Marshall Boat Works. øThe following additional lands are also 

hereby included within the boundaries of the recreation area: 

Marin County Assessor’s parcel numbered 119–040–04, 119–

040–05, 190–040–18, 166–202–03, 166–010–06, 166–010–07, 

166–010–24, 166–010–25, 119–240–19, 166–010–10, 166–010–

22, 119–240–03, 119–240–51, 119–240–52, 119–240–54, 166–

010–12, 166–010–13, and 119–235–10. The recreation area 

shall also include the lands and waters in San Mateo County 

generally depicted on the map entitled ‘‘Sweeney Ridge Addition, Golden Gate National Recreation Area’’, numbered NRA 

GG–80,000–A, and dated May 1980. The recreation area shall 

also include those lands acquired pursuant to the Golden Gate 

National Recreation Area Addition Act of 1992. The recreation 

area shall also include the lands generally depicted on the map 

entitled ‘‘Additions to Golden Gate National Recreation Area’’, 

numbered NPS–80,076, and dated July 2000/ PWR–PLRPC.¿

(2) ADDITIONAL LAND.—In addition to the land described in 

paragraph (1), the recreation area shall include—

(A) the parcels numbered by the Assessor of Marin County, California, 119–040–04, 119–040–05, 119–040–18, 166–

202–03, 166–010–06, 166–010–07, 166–010–24, 166–010–25, 

119–240–19, 166–010–10, 166–010–22, 119–240–03, 119–

8

240–51, 119–240–52, 119–240–54, 166–010–12, 166–010–13, 

and 119–235–10; 

(B) land and water in San Mateo County generally depicted on the map entitled ‘‘Sweeney Ridge Addition, Golden Gate National Recreation Area’’, numbered NRA GG– 80,000–A, and dated May 1980; 

(C) land acquired under the Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 460bb–1 note; 

Public Law 10–299); 

(D) land generally depicted on the map entitled ‘‘Additions to Golden Gate National Recreation Area’’, numbered 

NPS–80–076, and dated July 2000/PWR–PLRPC; and 

(E) land generally depicted on the map entitled ‘‘Rancho 

Corral de Tierra Additions to the Golden Gate National 

Recreation Area’’, numbered NPS–80,079A and dated July 

2001. 

(3) ACQUISITION AUTHORITY.—The Secretary may acquire 

land described in paragraph (2)(E) only from a willing seller.

* * * * * * *

ADVISORY COMMISSION

SEC. 5. (a) * * *

ø(b) The Commission¿

(b) MEMBERSHIP.—

(1) IN GENERAL.—The Commission shall be composed of 

eighteen members appointed by the Secretary for terms of five 

years each. øProvided; That the terms of those members who 

have been either appointed or reappointed subsequent to January 1, 1979, shall be extended so as to expire not before June 

1, 1985.¿

(2) CONSIDERATIONS.—In appointing members to the Commission, the Secretary shall ensure that the interests of local, 

historic recreational users of the recreation area shall be represented.

* * * * * * *

(g) The Commission shall cease to exist øthirty years after the 

enactment of this Act¿ on December 31, 2012. 

* * * * * * *

SECTION 105 OF THE ACT OF MARCH 3, 1992

(Public Law 102–248) 

AN ACT To establish the Manzanar National Historic Site in the State of 

California, and for other purposes 

SEC. 105. ADVISORY COMMISSION. 

(a) * * *

* * * * * * *

(h) TERMINATION.—The Advisory Commission shall terminate 

ø10 years after the date of enactment of this title¿ on December 31, 

2012. 

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SECTION 814 OF THE OMNIBUS PARKS AND PUBLIC 

LANDS MANAGEMENT ACT OF 1996

SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM. 

(a) * * *

* * * * * * *

(c) AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF ZION NATIONAL PARK.—In order to facilitate the administration of Zion National Park and Yosemite National Park, the Secretary of the Interior is authorized, under such 

terms and conditions as he may deem advisable, to expend donated 

or appropriated funds for transportation systems and the establishment of essential facilities for øpark¿ parks administration and visitor use outside the boundaries, but within the vicinity, of the 

øpark¿ parks. Such facilities and the use thereof shall be in conformity with approved plans for the øpark¿ parks. The Secretary 

shall use existing facilities wherever feasible. Such facilities may 

only be constructed by the Secretary upon a finding that the location of such facilities would—

(1) avoid undue degradation of natural or cultural resources 

within the øpark¿ parks; 

* * * * * * *

Æ