II

106TH CONGRESS

2D SESSION S. 2786

To authorize the Secretary of the Interior to carry out a plan to rehabilitate

Going-to-the-Sun Road located in Glacier National Park, Montana, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 26, 2000

Mr. DASCHLE (for Mr. BAUCUS) introduced the following bill; which was read

twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize the Secretary of the Interior to carry out a

plan to rehabilitate Going-to-the-Sun Road located in

Glacier National Park, Montana, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Glacier National Park

5 Rehabilitation and Enhancement Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) in 1910, Congress established Glacier Na9 tional Park, Montana, to provide opportunities to ex-
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1 perience, understand, appreciate, and enjoy the Park

2 while preserving the resources of the Park;

3 (2) in 1916, Congress enacted the Act of Au4 gust 25, 1916 (16 U.S.C. 1 et seq.), clarifying that

5 national parks were established to preserve and pro6 tect natural and cultural resources so that the re7 sources would remain unimpaired for future genera8 tions;

9 (3) in 1965, by enacting Public Law 89–249

10 (commonly known as the ‘‘National Park System

11 Concessions Policy Act’’) (16 U.S.C. 20 et seq.), and

12 in 1998, by enacting the National Park Service Con13 cessions Management Improvement Act of 1998 (16

14 U.S.C. 5951 et seq.), Congress directed that the de15 velopment of public accommodations, facilities, and

16 services in the National Park System be limited to

17 those accommodations, facilities, and services that

18 are—

19 (A) necessary and appropriate for public

20 use and enjoyment; and

21 (B) consistent, to the maximum extent

22 practicable, with the preservation and conserva23 tion of national parks;

24 (4) Glacier National Park contains prehistoric

25 sites dating back 2,000 years, and has been a site
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1 of key importance to the Salish, Kootenai, and

2 Pikuni (Blackfeet) tribes for hunting, gathering, and

3 spiritual purposes;

4 (5) each tribe referred to in paragraph (4) has

5 sacred sites within the Park;

6 (6) the Park contains more than 1200 varieties

7 of plants, 22 species of fish, 210 species of birds,

8 and 57 species of mammals;

9 (7) the Park provides valuable habitat for the

10 gray wolf, the grizzly bear, the Canada lynx, the per11 egrine falcon, and the bull trout, all of which are

12 listed as threatened species or endangered species by

13 the United States Fish and Wildlife Service under

14 the Endangered Species Act of 1973 (16 U.S.C.

15 1531 et seq.);

16 (8) the Park is the site of 6 national historic

17 landmarks, including the Many Glacier Hotel and

18 the Lake McDonald Lodge;

19 (9) the Park contains more than 350 structures

20 that are listed on the National Register of Historic

21 Places;

22 (10) in 1996, the National Trust for Historic

23 Preservation placed the historic structures in the

24 Park on the list of the 11 most endangered sites in

25 the United States;
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1 (11) the Many Glacier Hotel, built by the Great

2 Northern Railway between 1914 and 1917, is in

3 need of major rehabilitation in order to maintain the

4 historic values of the structure;

5 (12) the Going-to-the-Sun Road in the Park

6 was—

7 (A) in 1983, listed on the National Reg8 ister of Historic Places;

9 (B) in 1985, designated as a national his10 toric engineering landmark by the American So11 ciety of Civil Engineers; and

12 (C) in 1997, due in part to the narrow

13 width of the Road, designated as a national his14 toric landmark;

15 (13) the upper portions of the Road have not

16 been substantially repaired or rehabilitated since the

17 Road was completed in 1932;

18 (14) in 1997, the Federal Highway Administra19 tion concluded that the Road has sustained signifi20 cant structural damage and is in need of major re21 habilitation;

22 (15) in 1999, the Park completed a General

23 Management Plan that addressed 8 critical issues

24 facing the Park, including the use and reconstruc25 tion of the Road, the preservation of historic hotels,
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1 and the need for a west side discovery center and

2 museum;

3 (16) public response to the General Manage4 ment Plan indicated strong support for Park man5 agement that protected natural resources and wild6 life while maintaining visitor use and retaining facili7 ties in the Park;

8 (17) every year, approximately 2,000,000 peo9 ple from all parts of the world visit the Park;

10 (18) conservative economic models indicate that

11 the Park generates more than $160,000,000 annu12 ally in income for the economy of the State of Mon13 tana;

14 (19) it is in the public interest to maintain and

15 restore the resources of the Park and to involve the

16 public in decisionmaking concerning management,

17 preservation, and restoration of the resources of the

18 Park; and

19 (20) recognizing that national parks are held in

20 trust for the public, it is in the public interest—

21 (A) for resources and facilities at the Park

22 to be accessible and affordable to the general

23 public;

24 (B) for resources of the Park to remain in

25 public ownership;
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1 (C) for the National Park Service to con2 duct a comprehensive, continuous, long-term as3 sessment of the needs and resources of the

4 Park so that Congress and the National Park

5 Service may take steps to prevent the deteriora6 tion of resources of the Park to critical levels,

7 such as the deterioration that has occurred with

8 respect to the Many Glacier Hotel;

9 (D) to reconstruct the Road while main10 taining public involvement concerning—

11 (i) the best method for reconstruction

12 of the Road; and

13 (ii) the development of economic im14 pact mitigation that is the most effective

15 and consistent with Park values;

16 (E) for the National Park Service, in ac17 cordance with the Commercial Services Plan, to

18 assess a variety of funding options for the reha19 bilitation of historic structures in the Park, in20 cluding the potential for a historic lease financ21 ing demonstration project;

22 (F) for the National Park Service to create

23 partnerships with local educational institutions

24 and Native American tribes to facilitate job
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1 training for Park jobs and enhanced cultural

2 and historical visitor experiences; and

3 (G) for the National Park Service to de4 sign and construct a new visitor center and mu5 seum space on the west side of the Park, as

6 outlined in the General Management Plan.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) ADVISORY COMMITTEE.—The term ‘‘Advi10 sory Committee’’ means the Going-to-the-Sun Road

11 Citizens Advisory Committee referred to on page

12 1422 of the Conference Report No. 105–825 accom13 panying the Omnibus Consolidated and Emergency

14 Supplemental Appropriations Act, 1999 (Public Law

15 105–277).

16 (2) COMMERCIAL SERVICES PLAN.—The term

17 ‘‘Commercial Services Plan’’ means the Commercial

18 Services Plan for Glacier National Park required to

19 be completed under section 6 that is—

20 (A) referred to in the General Management

21 Plan; and

22 (B) as of the date of enactment of this

23 Act, being prepared by the National Park Serv24 ice.
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1 (3) GENERAL MANAGEMENT PLAN.—The term

2 ‘‘General Management Plan’’ means the Final Gen3 eral Management Plan for Glacier National Park

4 completed by the National Park Service in 1999.

5 (4) LOCAL EDUCATIONAL INSTITUTION.—

6 (A) IN GENERAL.—The term ‘‘local edu7 cational institution’’ means a college (including

8 a community college) or university that is lo9 cated in the vicinity of the Park.

10 (B) INCLUSIONS.—The term ‘‘local edu11 cational institution’’ includes—

12 (i) Flathead Valley Community Col13 lege;

14 (ii) Blackfeet Community College; and

15 (iii) Salish Kootenai College.

16 (5) PARK.—The term ‘‘Park’’ means Glacier

17 National Park, Montana.

18 (6) RESOURCES OF THE PARK.—The term ‘‘re19 sources of the Park’’ means the historical, cultural,

20 and biological resources of the Park.

21 (7) ROAD.—The term ‘‘Road’’ means Going-to22 the-Sun Road, located in Glacier National Park,

23 Montana.
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1 (8) TOUR BUSES.—The term ‘‘tour buses’’

2 means the fleet of red tour buses built in 1937 that

3 are used to transport visitors through the Park.

4 (9) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior, acting through the Di6 rector of the National Park Service.

7 SEC. 4. GOING-TO-THE-SUN ROAD REHABILITATION AND

8 MAINTENANCE.

9 (a) GOING-TO-THE-SUN ROAD STUDY.—Not later

10 than 18 months after the date on which funds are made

11 available under this section, the Secretary, in consultation

12 with the Advisory Committee, shall complete a feasibility

13 study for rehabilitation of the Road.

14 (b) INCLUSIONS.—The study shall include—

15 (1) alternative plans for rehabilitation of the

16 Road, including, for each alternative described in a

17 plan—

18 (A) a ranking of the feasibility of the alter19 native;

20 (B) an estimate of the length of time nec21 essary to complete the alternative; and

22 (C) an estimate of the likely economic im23 pact to local communities of the alternative;

24 (2) an estimate of the costs and analysis of

25 benefits of each plan;
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1 (3) an analysis of long-term maintenance needs,

2 standards, and schedules for the Road, including—

3 (A) alternatives that may facilitate the

4 completion of repairs;

5 (B) maintenance staff needs; and

6 (C) associated cost estimates;

7 (4) an analysis of improvements to any trans8 portation system relating to the Park that are need9 ed inside or outside of the Park; and

10 (5) such additional information as is necessary

11 to comply with—

12 (A) the National Environmental Policy Act

13 of 1969 (42 U.S.C. 4321 et seq.);

14 (B) the National Historic Preservation Act

15 (16 U.S.C. 470 et seq.); and

16 (C) other applicable law.

17 (c) CONTINUATION OF MAINTENANCE.—Nothing in

18 this section affects the duty of the Secretary to continue

19 to preserve, maintain, and address safety concerns relating

20 to the Road.

21 (d) IMPLEMENTATION OF PLAN.—As soon as prac22 ticable after completing the study required under sub23 section (a), the Secretary shall—

24 (1) consider the recommendations of the Advi25 sory Committee;
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1 (2) make a final decision regarding rehabilita2 tion of the Road and improvement of transportation

3 systems relating to the Park that are located inside

4 or outside of the Park; and

5 (3) implement the decision.

6 (e) REPORT.—Not later than 30 days after comple7 tion of the study required under subsection (a), the Sec8 retary shall submit a copy of the study to—

9 (1) the Committee on Resources, and the Com10 mittee on Transportation and Infrastructure, of the

11 House of Representatives; and

12 (2) the Committee on Energy and Natural Re13 sources, and the Committee on Environment and

14 Public Works, of the Senate.

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section (in17 cluding the cost of the study under subsection (a), engi18 neering design and planning, rehabilitation of the Road,

19 transportation system improvements, and monitoring)

20 $200,000,000.

21 SEC. 5. IMPACT MITIGATION PLAN.

22 (a) IN GENERAL.—The Secretary, in consultation

23 with the Advisory Committee, local governments, affected

24 local businesses, and other interested persons, shall pre25 pare a plan to mitigate any adverse economic impact to
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1 local communities resulting from rehabilitation of the

2 Road.

3 (b) CONSIDERATIONS OF PLAN.—In developing the

4 plan described in subsection (a), the Secretary shall take

5 into consideration—

6 (1) low interest loans, grants, and other incen7 tives issued in partnership with local governments or

8 economic development authorities to assist existing

9 businesses in stimulating alternative economic op10 portunities during repair of the Road;

11 (2) marketing and other incentives to maintain

12 sustainable levels of visitation to the Park;

13 (3) training for businesses and employees to—

14 (A) better meet the needs of the Park; and

15 (B) respond to any expected adverse eco16 nomic impact; and

17 (4) consistency with Park values as expressed

18 in the Act of August 25, 1916 (16 U.S.C. 1 et seq.),

19 and other applicable provisions of law.

20 (c) IMPACT MITIGATION FUNDS.—The amount of

21 funds dedicated to impact mitigation under the plan de22 scribed in subsection (a) shall be commensurate with the

23 estimates of the likely adverse economic impact on local

24 communities for the alternative selected under section
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1 4(d), as determined by the Secretary under section

2 4(b)(1)(C).

3 (d) REPORT TO CONGRESS.—Not later than 30 days

4 after completion of the plan described in subsection (a),

5 the Secretary shall submit to each Member of Congress

6 from the State of Montana a copy of the study that indi7 cates whether additional funds or congressional authoriza8 tion is needed to implement the plan.

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to the Secretary to carry

11 out this section $5,000,000.

12 SEC. 6. COMMERCIAL SERVICES PLAN.

13 (a) IN GENERAL.—The Secretary shall complete a

14 Commercial Services Plan for the Park to assess the provi15 sion of commercial services in the Park, including, at a

16 minimum, assessments of—

17 (1) visitor needs in the context of the congres18 sional direction for the National Park System, as ex19 pressed in—

20 (A) the Act of August 25, 1916 (16 U.S.C.

21 1 et seq.);

22 (B) the National Park Service Concessions

23 Management Improvement Act of 1998 (16

24 U.S.C. 5951 et seq.);

25 (C) other applicable law; and
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1 (D) the General Management Plan;

2 (2) the condition of the Many Glacier Hotel and

3 other historic structures in the Park;

4 (3) options for rehabilitation of the Many Gla5 cier Hotel and other historic structures in the Park;

6 (4) options for financing repair of the Many

7 Glacier Hotel and other historic structures in the

8 Park, including the use of the historic lease financ9 ing option authorized under section 7, that—

10 (A) maintain public ownership of the struc11 tures;

12 (B) use or combine public and private (in13 cluding philanthropic) funding;

14 (C) are consistent with the General Man15 agement Plan;

16 (D) are consistent with the intent of Con17 gress as expressed in each law referred to in

18 paragraph (1); and

19 (E) further the public interest in pre20 serving the historical and cultural values of the

21 structures; and

22 (5) the environmental impact of each option

23 considered under paragraphs (3) and (4).
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1 (b) PUBLIC PARTICIPATION.—In preparing the Com2 mercial Services Plan, the Secretary shall provide full op3 portunities for comment by all interested persons.

4 (c) REPORT TO CONGRESS.—Not later than 30 days

5 after completion of the plan under subsection (a), the Sec6 retary shall submit a copy of the Commercial Services

7 Plan that indicates whether additional funds or congres8 sional authorization for federally guaranteed loans or

9 other purposes are needed to implement the Plan, to—

10 (1) the Committee on Resources, and the Com11 mittee on Transportation and Infrastructure, of the

12 House of Representatives; and

13 (2) the Committee on Energy and Natural Re14 sources, and the Committee on Environment and

15 Public Works, of the Senate.

16 (d) RESOURCES.—The Secretary shall allocate suffi17 cient resources for the completion of the Commercial Serv18 ices Plan in accordance with this section.

19 (e) REPORT TO CONGRESS.—The Secretary shall

20 submit to Congress a report that describes recommenda21 tions for financing historic restoration efforts at units of

22 the National Park System other than the Park, based on

23 the findings of the Commercial Services Plan.
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1 SEC. 7. AUTHORIZATION FOR HISTORIC LEASE FINANCING

2 DEMONSTRATION PROJECT.

3 (a) DETERMINATION BY SECRETARY.—If the Sec4 retary determines, in reviewing the Commercial Services

5 Plan, that an exercise of authority under this section

6 would be in the public interest and consistent with Park

7 values, the Secretary may exercise the authority.

8 (b) COMPETITIVE LEASING OF PROPERTY.—After

9 completion of the Commercial Services Plan, notwith10 standing section 321 of the Act of June 30, 1932 (40

11 U.S.C. 303b), or any other provision of law, the Secretary

12 may competitively lease to any person a lodging facility

13 (including associated property) in the Park that is listed

14 on the National Register of Historic Places.

15 (c) MANDATORY CONDITIONS OF LEASE.—A lease

16 under subsection (b) shall include such terms and condi17 tions as the Secretary determines are necessary to—

18 (1) ensure, to the maximum extent practicable,

19 that the lease will not result in any derogation of the

20 values of Glacier National Park;

21 (2) ensure the rehabilitation and maintenance

22 of the leased property in a manner consistent with

23 the historic character of the property, as determined

24 by the Secretary;

25 (3) ensure the payment or other satisfaction of

26 any possessory interest and other compensation due
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1 the concessioner relating to the leased property

2 under the terms of National Park Service Conces3 sion Contract No. GLAC 002–81, on the expiration

4 or other termination of that contract; and

5 (4) require the lessee to sublease the leased

6 property to a person holding a concession contract

7 awarded by the Secretary under title IV of the Na8 tional Park Service Concessions Management Im9 provement Act of 1998 (16 U.S.C. 5951 et seq.).

10 (d) DISCRETIONARY CONDITIONS OF LEASE.—The

11 Secretary may include in a lease under subsection (b) such

12 other terms and conditions as the Secretary determines

13 to be necessary to provide the lessee adequate protection

14 against loss of investment in any capital improvement that

15 the lessee may make to the leased property, such as an

16 obligation of the United States to compensate the lessee

17 for loss of investment in capital improvements made to

18 the leased property, including, if appropriate, an obliga19 tion of funds deposited or to be deposited in the Glacier

20 National Park subaccount established by section 407(d)

21 of the National Park Service Concessions Management

22 Improvement Act of 1998 (16 U.S.C. 5956(d)).

23 (e) LEASEHOLD SURRENDER INTEREST.—If the re24 habilitation costs of the property leased under subsection

25 (b) cannot be entirely recovered by a lessee through his-
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1 toric rehabilitation tax credits under section 47 of the In2 ternal Revenue Code, sublessee rent payments, and other

3 terms and conditions of the lease, the Secretary may, after

4 submitting a report to Congress describing the inability

5 to recover funds, include in a lease authorized by sub6 section (b) terms and conditions that are necessary to pro7 vide the lessee a leasehold surrender interest in the leased

8 property as described in section 405 of the National Park

9 Service Concessions Management Improvement Act of

10 1998 (16 U.S.C. 5954).

11 SEC. 8. RESTORATION OF TOUR BUSES.

12 The Secretary shall, to the maximum extent prac13 ticable, provide necessary assistance to the National Trust

14 for Historic Preservation and other entities seeking to re15 store tour buses used in the Park.

16 SEC. 9. PARTNERSHIPS WITH LOCAL EDUCATIONAL INSTI17 TUTIONS.

18 (a) IN GENERAL.—The Secretary shall enter into

19 partnerships with local educational institutions to facili20 tate the development of skills that are needed for employ21 ment opportunities in and around the Park.

22 (b) PROGRAMS.—In conjunction with local edu23 cational institutions, the Secretary shall evaluate the use

24 of—
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1 (1) the Historic Preservation Training Center

2 of the National Park Service, in the development of

3 collaborative programs to—

4 (A) train students in working with historic

5 materials and fabrics; and

6 (B) provide to students other expertise

7 necessary for the restoration, preservation, sta8 bilization, and reconstruction of historic prop9 erties;

10 (2) the Learning Place Programs for Natural

11 and Cultural Resources Stewardship of the National

12 Park Service, to develop collaborative programs to

13 train students in cultural education, environmental

14 science, and natural resource management; and

15 (3) the Learning Place Programs for Specialty

16 Fields of the National Park Service, to develop col17 laborative programs to train students in concessions

18 management, visitor services, and related fields.

19 (c) INTEGRATION.—Partnerships entered into under

20 this section shall—

21 (1) seek to build on the selection of courses al22 ready available at area education institutions;

23 (2) encourage a closer relationship between the

24 National Park Service at the Park and area edu25 cation institutions; and
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1 (3) facilitate greater interaction between local

2 communities, local educational institutions, and the

3 Park in the form of internships, on-site research,

4 visiting lecturers, and job placement.

5 (d) PROMOTION OF PARTNERSHIPS.—In issuing a

6 contract regarding Glacier National Park under this Act

7 or any other provision of law, the Secretary shall seek to

8 promote the partnerships under this section.

9 (e) LOGISTICS.—The Secretary shall—

10 (1) evaluate any logistical difficulties that could

11 limit the success of a program described in sub12 section (b), including transportation and other needs

13 relating to funding; and

14 (2) submit to Congress a report that describes

15 any recommendations of the Secretary to minimize

16 those logistical difficulties.

17 SEC. 10. GLACIER NATIONAL PARK RESOURCES AND NEEDS

18 ASSESSMENT.

19 (a) IN GENERAL.—The Secretary, in conjunction

20 with the National Academy of Sciences, shall conduct an

21 assessment to determine—

22 (1) the condition of the resources of the Park;

23 (2) activities and events that are adversely af24 fecting the resources of the Park; and
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1 (3) the resources and authority that are needed

2 to maintain the resources of the Park in accordance

3 with—

4 (A) the Act of August 25, 1916 (16 U.S.C.

5 1 et seq.);

6 (B) the National Historic Preservation Act

7 (16 U.S.C. 470 et seq.); and

8 (C) other applicable laws.

9 (b) PUBLIC INVOLVEMENT.—The Secretary shall

10 conduct the assessment required under subsection (a) with

11 full opportunities for public participation, and in consulta12 tion with—

13 (1) the Blackfeet and Confederated Salish and

14 Kootenai Tribes;

15 (2) the State of Montana;

16 (3) the National Parks Conservation Associa17 tion; and

18 (4) the National Trust for Historic Preserva19 tion.

20 (c) REPORT TO CONGRESS.—Not later than 30 days

21 after completion of the assessment under subsection (a),

22 the Secretary shall submit a copy of the assessment that

23 indicates whether additional funding, authorization, or

24 other congressional action is needed to protect and main25 tain the resources of the Park, to—
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1 (1) the Committee on Resources, and the Com2 mittee on Transportation and Infrastructure, of the

3 House of Representatives; and

4 (2) the Committee on Energy and Natural Re5 sources, and the Committee on Environment and

6 Public Works, of the Senate.

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to provide the resources and

9 needs assessment described in subsection (a) $1,000,000.

10 SEC. 11. GLACIER NATIONAL PARK VISITOR CENTER.

11 (a) IN GENERAL.—As soon as practicable after com12 pletion of the Commercial Services Plan and any studies

13 required to be carried out under the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

15 other applicable laws, the Secretary shall—

16 (1) determine an appropriate location and de17 sign for a new visitor center, including suitable hous18 ing and display facilities for the collection of mu19 seum objects of the Park, for the west side of the

20 Park; and

21 (2) construct the visitor center.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated for planning and construc24 tion of the visitor center described in subsection (a)

25 $18,000,000.
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1 SEC. 12. MAINTENANCE AND UPGRADE OF UTILITY SYS2 TEMS.

3 (a) IN GENERAL.—Consistent with the General Man4 agement Plan and, when completed, the Commercial Serv5 ices Plan, the Secretary shall continue to maintain and

6 improve the utility systems in the Park.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for repair and improvement

9 of utility systems in the Park $20,000,000.

10 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

11 In addition to amounts authorized to be appropriated

12 under other sections of this Act, there are authorized to

13 be appropriated such sums as are necessary to carry out

14 this Act.

Æ