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[Senate Report 107-279]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 598
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-279

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                 SAN GABRIEL RIVER WATERSHEDS STUDY ACT

                                _______
                                

               September 13, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1865]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1865) to authorize the Secretary of the 
Interior to study the suitability and feasibility of 
establishing the Lower Los Angles River and San Gabriel River 
watersheds in the State of California as a unit of the National 
Park System, 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. SHORT TITLE.

    This Act may be cited as the ``San Gabriel River Watersheds Study 
Act of 2002''.

SEC. 2. AUTHORIZATION OF STUDY.

    (a) In General.--The Secretary of the Interior (hereinafter in this 
Act referred to as the ``Secretary'', in consultation with the 
Secretary of Agriculture and the Secretary of the Army, shall conduct a 
comprehensive resource study of the following areas:
          (1) The San Gabriel River and its tributaries north of and 
        including the city of Santa Fe Springs, and
          (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.--(1) The Secretary shall conduct 
a comprehensive evaluation of the area's natural and recreational 
resources to make recommendations for the future coordinated 
management, protection and enhancement of these resources and an 
analysis of the cost of each option. In addition, the study shall 
consider a system of greenways, scenic roadways, river and trail 
corridors linking communities within the area.
    (2) The study shall be conducted in accordance with section 8(c) of 
Public Law 91-383 (16 U.S.C. 1a-5(c)).
    (c) Consultation With 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 State, county and local government 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. 3. REPORT.

    Not later than 3 years after funds are made available for this Act, 
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

    The purpose of S. 1865, as ordered reported, is to 
authorize the Secretary of the Interior, in consultation with 
the Secretary of Agriculture and the Secretary of the Army, to 
study portions of the San Gabriel and lower Los Angeles rivers, 
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

    S. 1865 directs a study of portions of the San Gabriel and 
lower Los Angeles rivers and the San Gabriel Mountains, an area 
that covers two counties (Los Angeles and Orange), 
approximately 16 cities, and several unincorporated 
communities. The area includes private land, State and 
municipal parks, U.S. Army Corps of Engineers facilities, and 
part of the Angeles National Forest. The headwaters for both 
the Los Angeles and San Gabriel Rivers are heavily forested, 
relatively pristine areas, although the lower portions of the 
two rivers have been channelized to reduce flooding impacts.
    In 1999 the State of California created the San Gabriel and 
Lower Los Angeles Rivers and Mountains Conservancy, within the 
California Resources Agency. The purpose of the Rivers and 
Mountains Convervancy is to develop a plan to manage the areas 
covered in S. 1865 to conserve urban open space, preserve 
existing habitat, provide for low-impact recreational and 
educational uses, restore wildlife and habtat, and improve 
water quality in the Lower Los Angeles River and San Gabriel 
River watersheds. The Rivers and Mountain Conservancy has been 
aided by over $90 million in State and local funding for the 
acquisition and restoration of lands along the two rivers.
    The needs of this region, however, surpass the capabilities 
of the State and local governments. Even with the modifications 
that have been made to both of the rivers and their surrounding 
corridors, they provide important wildlife habitat, including 
habitat for about 50 endangered species, and provide biological 
links to the remaining habitat in the Angeles National Forest.
    The area has a rich cultural heritage, including 
approximately 9 properties on the National Register of Historic 
Places within the study area boundaries and 96 properties on 
the California Register of Historic Places. In addition, the 
river corridors provide important recreational opportunities, 
with an estimated 8 million recreational visits each year. 
Several successful efforts have been undertaken to provide 
bikeways and hiking along the rivers' banks.
    S. 1865 would authorize the National Park Service to 
undertake a comprehensive study of the Lower Los Angeles River 
and San Gabriel River watersheds in consultation with the 
Secretary of Agriculture (Forest Service) and the Secretary of 
the Army (Army Corps of Engineers) and to make recommendations 
for appropriate management of the area. In addition to 
assessing the suitability and feasibility of possible 
designation as a unit of the National Park System, the study 
would examine other alternatives, including greenways, scenic 
roadways, and river and trail corridors.

                          LEGISLATIVE HISTORY

    S. 1865 was introduced by Senator Boxer on December 20, 
2001. The Subcommittee on National Parks held a hearing on S. 
1865 on July 18, 2002. At the business meeting on July 31, 
2002, the Committee on Energy and Natural Resources ordered S. 
1865, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 31, 2002, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1865, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 1865, the Committee adopted 
a substitute amendment which made several clarifying and 
conforming changes. In addition, the amendment requires the 
Secretary of the Interior to conduct the study in consultation 
with the Secretary of Agriculture and the Secretary of the 
Army, to reflect the inclusion of lands managed by the Forest 
Service and the Army Corps of Engineers within the study area.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 designates the short title as the ``San Gabriel 
River Watersheds Study Act of 2002''.
    Section 2 directs the Secretary of the Interior, in 
consultation with the Secretary of Agriculture and the 
Secretary of the Army, to conduct a comprehensive resources 
study of the Lower Los Angeles River and San Gabriel River 
watersheds, sets forth requirements for conducting the study, 
consultation and considerations.
    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 CONSIDERATION

    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, August 12, 2002.
Hon. Jeff Bingaman,
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 S. 1865, the San 
Gabriel River Watersheds Study Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to proved them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1865--San Gabriel River Watersheds Study Act of 2002

    S. 1865 would direct the Department of the Interior to 
study the natural and recreational resources of segments of the 
San Gabriel Mountains and the San Gabriel River and its 
tributaries. The study would evaluate options for future 
management and protection of the two areas. The bill would 
required 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 
the bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    S. 1865 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.
    On July 31, 2002, CBO transmitted a cost estimate for H.R. 
2534, the San Gabriel River Watershed Study Act of 2002, as 
ordered reported by the House Committee on Resources on July 
24, 2002. H.R. 2534 and S. 1865 are very similar, and the 
estimated costs of the two pieces of legislation are identical.
    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 S. 1865. 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, is any, additional paperwork would result from the 
enactment of S. 1865, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On, July 30, 2002, 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 S. 1865. These 
reports had not been received at the time the report on S. 1865 
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 Durand Jones, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department's views on S. 1865, a bill to study the lower Los 
Angeles River and San Gabriel watersheds in the Los Angeles 
Basin. On June 13, 2002, the Department testified before the 
Subcommittee of National Parks, Recreation and Public Lands, of 
the House Committee on Resources, on an identical bill, H.R. 
2534, which had been introduced by Congresswoman Hilda Solis.
    The Department does not oppose the bill. However, the 
Department did not request additional funding for this study in 
Fiscal Year 2003. We believe that any funding requested should 
be directed towards completing previously authorized studies. 
Presently, there are 34 studies pending, of which we expect to 
transmit 4 to Congress by the end of 2002. To meet the 
President's Initiative to eliminate the deferred maintenance 
backlog, we must continue to focus our resources on caring for 
existing areas in the National Park System. Thus, we have 
concerns about adding new funding requirements for new park 
units, national trails, wild and scenic rivers or heritage 
areas at the same time that we are trying to reduce the 
deferred maintenance backlog. As such, theDepartment will 
identify all acquisition, one-time and operational costs of the 
proposed site. At this time, those costs are unknown.
    In addition to S. 1865, Senator Feinstein has introduced S. 
2571, a bill to evaluate and study the suitability and 
feasibility of establishing the Rim of the Valley Corridor as a 
unit of Santa Monica Mountains National Recreation Area. These 
bills affect nearly adjacent territories in the Los Angeles 
basin and affect nearly identical large constituencies. As any 
study would include a public involvement component, combining 
the planning effort to evaluate both areas would not only be 
less confusing to the public but also more cost-effective for 
the government. Since a study of the San Gabriel and Lower Los 
Angeles Rivers is estimated to cost approximately $500,000, 
there could be considerable efficiencies gained by combining 
and narrowing the focus of these two proposed studies.
    While some familiar with the Lower Los Angeles River and 
San Gabriel River watersheds may think of them as concrete-
lined ditches, the rivers provide an important opportunity for 
low-impact recreation for many urban residents in adjacent 
communities. Several successful efforts have already been 
undertaken to provide bikeways and hiking areas along the 
river's banks. Additionally, small tracts of green space have 
been acquired to provide outdoor recreation opportunities in 
the form of playgrounds for children, picnic areas, benches for 
rest and respite from the urban environment and for areas to 
walk and bicycle. Many areas have been replanted with a variety 
of native vegetation to enhance the local environment.
    This study will assess habitat quality, access to urban 
open space, low-impact recreation and educational uses, 
wildlife and habitat restoration and protection and watershed 
improvements along the Los Angeles and San Gabriel watersheds 
as well as the Valley of the Rim corridor surrounding the San 
Fernando and La Crescenta Valleys. This latter corridor 
consists of portions of the Santa Monica Mountains, Santa 
Susanna Mountains, San Gabriel Mountains, Verdugo Mountains, 
San Rafael Hills and the connector to Los Padres and San 
Bernardino National Forests.
    The National Park Service has some familiarity with the 
region and these watersheds. Our National Park Service Rivers 
and Trails Conservation Assistance Program continues to have 
interaction with communities along the Los Angeles River and 
has provided technical assistance for outdoor recreation 
potential. Additionally, the Santa Monica Mountains National 
Recreation Area protects for 153,750 acres while providing 
recreational opportunities for approximately 530,000 visitors 
annually.
    The watershed of the Los Angeles and San Gabriel Rivers 
contains important natural resources, which are disappearing in 
Los Angeles County. The continuous greenbelt corridors serve as 
habitat for breeding, feeding, resting or migrating birds and 
mammals, while allowing migration to take place around and 
amongst the urban areas. The higher reaches of the watershed 
also contain significant examples of rock outcroppings, as well 
as native vegetation.
    This area has a rich cultural heritage, which is evident by 
the approximately 9 properties within the boundaries of the 
study area on the National List of Historic Places and 96 
properties on the state register of historic places. These 
properties weave a rich tapestry of the cultural history of the 
area and include Mission San Gabriel Archangel, the mission 
founded in 1771 by the Spanish missionaries who were moving up 
the coast of California; Mission San Fernando Rey de Espana, 
founded in 1797; Merced Theatre, the first building built 
expressly for theatrical purposes in Los Angeles, dating back 
to 1870; Lummis House, constructed by Charles F. Lummis, an 
author, editor, poet, athlete, librarian, historian and 
archeologist during his life from 1859-1928; Los Encinos State 
Historic Park, used as a headquarters by the Franciscan padres 
before they built Mission San Fernando; Angeles Flight Railway, 
which was an incline railway built in 1901 to carry residents 
up the hill from the downtown shopping district; and Alvarado 
Terrace Historic District, which includes 12 buildings 
displaying prime examples of architecture and social history 
from 1900-1924.
    The Los Angeles River and San Gabriel River watershed is 
adjacent to the Angeles National Forest and contains state, 
county and local parks within. The recreational experience 
would be heightened by the establishment of trail connections 
and linkages for the urban populations of Los Angeles, as well 
as for visitors. These connections would also allow users to 
leave the populated areas and connect to the prime natural 
areas in the region. These trails would be used for hiking, 
mountain biking, nature study and bird watching.
    A study will outline public-private partnerships, which are 
core to preserving large tracts of open space such as are 
included in this study. The San Gabriel and Lower Los Angeles 
Rivers and Mountains Conservancy (RMC) was established as an 
independent State agency within the Resources Agency of the 
State of California in 1999. It was established to preserve 
urban space and habitats in order to provide for low-impact 
recreation and educational uses, wildlife and habitat 
restoration and protection and watershed improvements. The RMC 
has brought diverse groups together to work in partnership to 
protect the precious resources within these two watersheds.
    Any study that is undertaken along the San Gabriel and 
Lower Los Angeles Rivers will involve extensive public 
meetings, extended comment periods and more complex analyses 
because issues and options in a large, urban area with such a 
diverse and extensive group of stakeholders at all levels of 
government would be considered.
    This concludes my testimony. Thank you for the opportunity 
to discuss this issue and I would be willing to answer any 
questions you may have on this issue.

                        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 bill S. 1865, as 
ordered reported.

                                
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