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[Congressional Record Volume 141, Number 82 (Wednesday, May 17, 1995)]
[Senate]
[Pages S6830-S6833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                  DEPARTMENT OF THE INTERIOR POSITIONS

 Mr. MURKOWSKI. Mr. President, on April 7, 1995, the Committee 
on Energy and Natural Resources filed the report to accompany S. 610, a 
bill to provide for a visitor center at the Civil War Battlefield of 
Corinth, MS.
  At the time this report was filed, the Department of the Interior had 
not submitted its position regarding this measure. The committee has 
since received this communication from the Department of the Interior, 
and I ask that it be printed in the Record for the advice of the 
Senate.
  The communication follows:

                                       Department of the Interior,

                                      Office of the Secretary,

                                     Washington, DC, May 10, 1995.
     Hon. Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: Legislation authorizing the construction 
     of a visitor center at Corinth, Mississippi, S. 610, has been 
     reported out of the Committee on Energy and Natural 
     Resources. In addition to providing for a visitor center, 
     which would be administered as part of Shiloh National 
     Military Park, the bill authorizes the Secretary to mark 
     sites associated with the Siege and Battle of Corinth 
     National Historic Landmark.
       On July 25, 1994, we testified before the House 
     Subcommittee on National Parks, Forests, and Public Lands 
     regarding the proposed visitor center at the Civil War 
     Battlefield of Corinth. In our testimony we opposed 
     construction of an interpretive center at Corinth. We believe 
     such a facility is unnecessary given the presence of the 
     National Park Service visitor center at nearby Shiloh 
     Military Park. A visitor center at Corinth is particularly 
     difficult to justify in light of current fiscal constraints. 
     The cost estimate for the proposed 5,300-square-foot 
     interpretive center is $6 million which includes the cost of 
     development, operation and maintenance for 5 years.
       We continue to oppose proposals to construct a visitor 
     center at Corinth. The current legislation, S. 610, would 
     give the National Park Service primary responsibility for 
     interpreting the story of Corinth. We believe this 
     responsibility rests more appropriately at the local level. 
     It is not fiscally possible for the National Park Service to 
     have interpretive centers at every significant site 
     associated with the Civil War. We believe we can 
     appropriately relate the story of the Civil War in this area 
     from our current facilities at Shiloh National Military Park.
       The Office of Management and Budget has advised that there 
     is no objection to the presentation of this report from the 
     standpoint of the Administration's program.
           Sincerely,

                                      George T. Frampton, Jr.,

                                           Assistant Secretary for
                                      Fish and Wildlife and Parks.
  Mr. MURKOWSKI. Mr. President, on April 7, 1995, the Committee on 
Energy and Natural Resources filed the report to accompany H.R. 400, a 
bill to provide for the exchange of lands within Gates of the Arctic 
National Park and Preserve.
  At the time this report was filed, the Department of the Interior had 
not submitted its position regarding this measure. The committee has 
since received this communication from the Department of the Interior, 
and I ask that it be printed in the Record for the advice of the 
Senate.
  The material follows:

                              U.S. Department of the Interior,

                                    Wasington, DC, April 26, 1995.
     Hon. Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: We are writing to express the Department 
     of the Interior (Department) position on H.R. 400, ``To 
     provide for the exchange of lands within Gates of the Arctic 
     National Park and Preserve, and for other purposes,'' as 
     reported by the Committee on Energy and Natural Resources. 
     The proposed legislation includes two titles which relate to 
     Gates of the Arctic National Park (Title I) and the 
     acquisition of subsurface rights from Koniag, Inc. (Title II) 
     on the Alaska peninsula.
       We strongly support Title I of H.R. 400, ``Anaktuvuk Pass 
     Land Exchange and Wilderness Redesignation,'' as approved by 
     the Committee. Title I authorizes a land exchange involving 
     the National Park Service (NPS), the Nunamiut Corporation and 
     the Arctic Slope Regional Corporation concerning lands in and 
     around Gates of the Arctic National Park and Preserve. The 
     proposed exchange marks thousands of hours of work and over 
     10 years of negotiations among the affected parties. We 
     believe the proposed exchange would resolve difficult land 
     use issues, improve the management of the Park and benefit 
     the people of Anaktuvuk Pass. Accordingly, the Alaska native 
     community, the Department and private groups all supported 
     the version of H.R. 400 that the House of Representatives 
     passed unanimously on February 1, 1995.
       As reported to the Senate, however, Title II of H.R. 400, 
     ``Alaska Peninsula Subsurface Consolidation,'' directs the 
     Secretary of the Interior to acquire oil and gas rights and 
     other subsurface interests on the Alaska peninsula from 
     Koniag, Incorporated. We strongly oppose Title II for the 
     following reasons. First, we do not believe that Koniag has 
     valid selections to some of the lands that the proposed 
     legislation would direct the Secretary to acquire. Second, 
     both the NPS and the U.S. Fish and Wildlife Service (FWS) 
     consider the acquisition of Koniag's mineral interests to be 
     an extremely low priority in terms of the missions of the two 
     agencies. However, even if we were to disregard this factor, 
     there is a third and most critical problem with the bill as 
     currently drafted: we believe that the directed appraisal 
     methodology would establish a significant negative precedent 
     in terms of longstanding and widely accepted appraisal
      practices. In sum, we believe that the valuation and 
     acquisition of these interests, as directed by Title II, 
     do not serve the interests of the Department, the Federal 
     Government or the public at large.
       A more detailed statement of our objections follows:
       1. Status of Koniag entitlements and selections has not yet 
     been determined.--The Alaska Native Claims Settlement Act, as 
     amended, authorizes Koniag to receive the rights to oil and 
     gas and sand and gravel used in connection with exploration 
     and development of the oil and gas to 343,000 acres. However, 
     Koniag has selected approximately 465,158 acres of subsurface 
     estate, an overselection of approximately 122,158 acres:
       Alaska Peninsula NWR: 266,068 acres of subsurface 
     selections.
       Becharof NWR: 14,080 acres of subsurface selections.
       Aniakchak NM and pres.: 185,010 acres of subsurface 
     selections.
       Total selections: 465,158 acres of subsurface estate.
       Overselections: 122,158 acres of subsurface estate.
       Title II does not resolve the issue of Koniag's 
     overselections. It is our understanding that the map 
     referenced in Section 201(8) includes all of Koniag's 
     selections, but does not identify Koniag's 275,000 acre 
     entitlement. The validity of certain Koniag selections is 
     currently the subject of administrative litigation. On 
     October 12, 1993, the Bureau of Land Management (BLM) 
     rejected a portion of Koniag's selections. Koniag has 
     appealed the BLM decision and the issue is currently before 
     the Interior Board of Land Appeals.
       Based on the above, we object to proposed legislation which 
     would require the Federal Government to acquire property 
     where the validity of certain selections is under appeal.
     [[Page S6831]]
     
       2. Federal land management agencies have determined that 
     these properties have extremely low priority for acquisition 
     by the Department.--It is our understanding that the proposed 
     subsurface selections have been examined for their economic 
     potential for oil and gas development. We also understand 
     that test wells have been drilled in the area and that the 
     results of the test drilling have not indicated commercially-
     viable oil and gas deposits. Therefore, we do not believe 
     that the continued private ownership of oil and gas rights 
     within the conservation system units of the Alaskan peninsula 
     would pose a significant threat to refuge or park resources.
       Title II envisions that the acquisition cost not exceed 
     $300 per acre on average. If this average cost is met, the 
     Federal Government would be required to provide $82.5 million 
     in land assets for these low priority mineral interests. We 
     believe that
      the market value of these interests, as determined by an 
     approved appraisal, will not exceed a tiny fraction of 
     this envisioned value.
       3. Proposed appraisal methodology would establish a 
     significant negative precedent for the standard appraisal 
     process.--We strongly oppose several provisions of the bill 
     which direct a specific appraisal methodology.
       Section 202(b)(2) directs that the appraisal will be 
     conducted according to the standards of the ``Appraisal 
     Foundation,'' and that the ``risk adjusted discounted cash 
     flow methodology'' would be the sole method to establish 
     value. This direction that the appraiser must utilize one 
     single appraisal method violates broadly supported and 
     adopted appraisal principles and would likely lead to 
     inflated values for the subsurface rights at the expense of 
     the taxpayer. This section, therefore, is inconsistent with 
     the Appraisal Foundation standards referred to in the bill.
       The Federal Government currently uses the Uniform Appraisal 
     Standards for Federal Land Acquisition (UASFLA), a product of 
     the Interagency Land Acquisition Conference, which is chaired 
     by the U.S. Department of Justice. Federal and State agencies 
     use these standards to appraise lands for possible 
     acquisition. Federal courts have upheld these uniform 
     standards, which are based on fairness and equity. To support 
     the uniform appraisal standards, the Appraisal Standards 
     Board of the Appraisal Foundation has issued the Uniform 
     Standards of Professional Appraisal Practices.
       The uniform appraisal standards used by both public and 
     private sectors establish three basic approaches to determine 
     fair market value: sales comparison, income and cost 
     approaches. The standards allow for all three approaches to 
     be considered and weighted according to specified factors.
       In the case of the Koniag subsurface selections, there is 
     no proven mineral reserve, nor an established market. In 
     these situations, the uniform standards do not favor the 
     discounted cash flow methodology, as directed by Section 
     202(b)(2). In fact, the uniform standards specifically 
     caution against using the discounted cash flow methodology in 
     isolation. When appraising non-producing mineral interests, 
     the market comparison approach is considered the fairest and 
     most equitable appraisal method. Legislation that distorts 
     this process will lead to inequitable transactions and set a 
     harmful precedent that could seriously undermine future land 
     exchanges in Alaska.
       Congressional action mandating that only one of the several 
     standard appraisal methodologies be used, particularly when 
     that
      methodology may be totally inappropriate to the 
     circumstances, would render meaningless the principles of 
     fairness and equity that form the basis of the uniform 
     appraisal standards. Such action could encourage land 
     owners throughout the United States to demand that their 
     lands be valued in ways that have not gained acceptance 
     throughout the community of professional appraisers.
       We also note one additional constraint in Title II that 
     deviates from the standard appraisal practice. In 
     contravention of appraisal ethics and standards, Section 202 
     of Title II would limit the appraised value to a cap of $300 
     an acre on average. Based on our desire to maintain the 
     integrity of the appraisal process, we object to imposing a 
     cap on the valuation process, just as we would oppose any 
     artificial floor.
       4. The mandated timetables would divert personnel and 
     resources from other high priority acquisitions.--With the 
     consent and approval of the Congress, both the NPS and the 
     FWS are reducing the number of Federal employees in their 
     respective regions and headquarters offices. The respective 
     realty offices are also facing significant staff and budget 
     reductions in order to meet downsizing and budget targets. 
     The remaining realty staffs are currently working to reach 
     agreements with landowners within the Kodiak National 
     Wildlife Refuge, the Kantishna area of Denali National Park 
     and many other areas in Alaska. Negotiating and implementing 
     a priority land exchange would add to the current workload.
       Based on the Department's experience in appraising 
     subsurface rights, mineral appraisals require significant 
     expenditures of staff time and appropriated funds to 
     complete. Directing the realty offices to complete these 
     appraisals within the 180 day time period would lead to 
     significant delays in work on the other high priority 
     activities to meet the terms of the proposed legislation.
       5. Ability to execute appraisals within mandated 
     timetable.--Section 202 of Title II would require an 
     appraiser to submit an appraisal to the Secretary within 180 
     days after the selection of an appraiser. Given the 
     complexity of the mineral appraisal process of such a large 
     area, and putting aside the issue of the discounted cash flow 
     method, this timetable would at best lead to a hastily 
     prepared appraisal that would not accurately value the rights 
     in question.
       Because Title II could significantly harm the financial 
     interests of the American taxpayer, would undermine the 
     integrity of the standard appraisal process and would not 
     enhance the protection of natural resources or improve land 
     management, we strongly urge that the Senate not approve 
     Title II. We continue to support passage of Title I of H.R. 
     400, to protect significant natural resources in Gates of the 
     Arctic National Park.
       The Office of Management and Budget has advised that there 
     is no objection to the presentation of this report from the 
     standpoint of the Administration's program.
           Sincerely,

                                      George T. Frampton, Jr.,

                                      Assistant Secretary for Fish
                                            and Wildlife and Park.
  Mr. MURKOWSKI. Mr. President, on March 29, 1995, the Committee on 
Energy and Natural Resources filed the report to accompany H.R. 694, 
the Minor Park Boundary Adjustments and Miscellaneous Park Amendments 
Act of 1995.
  At the time this report was filed, the Department of the Interior had 
not submitted its position regarding this measure. The committee has 
since received this communication from the Department of the Interior, 
and I ask that it be printed in the Record for the advice of the 
Senate.
  The communication follows:

                                       Department of the Interior,

                                      Office of the Secretary,

                                      Washington, DC, May 9, 1995.
     Hon. Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: The Committee on Energy and Natural 
     Resources favorably reported H.R. 694, the Minor Park 
     Boundary Adjustments and Miscellaneous Park Amendments Act of 
     1995 on March 29. The National Park Service testified in 
     support of this legislation when it was considered in the 
     House, and recommended several amendments. We would like to 
     provide our views on the substitute adopted by the Energy and 
     Natural Resources Committee.
       Sec. 105. Craters of the Moon. The National Park Service 
     supports Section 105, which revises the boundaries of Craters 
     of the Moon National Monument. We prefer the language in the 
     House version of H.R. 694 that authorizes the NPS to acquire 
     ``lands, water, and interests therein'' on the land being 
     included in the boundary adjustment. One of the primary 
     reasons for the boundary adjustment is to protect the 
     monument's potable water source and ``waters'' is not 
     currently included in the Senate version of Section 105.
       Sec. 108. New River Gorge, Sec. 109. Gauley River, and Sec. 
     110. Bluestone River. We have no objection to the boundary 
     changes to existing units proposed in these sections. These 
     sections would amend the boundaries by including uneconomical 
     remnants, a large parcel proposed for donation, and two State 
     parks. The addition of the State parks would not change the 
     management of either State park.
       Sec. 201. Advisory Commissions. This section would extend 
     advisory commissions for Kaloko-Honokohau National Historical 
     Park and Women's Rights National Historical Park. On February 
     10, 1993, the President issued Executive Order 12838, 
     ``Termination and Limitation of Federal Advisory 
     Committees,'' ordering each agency to prepare a detailed 
     review of all existing advisory committees. As a general 
     policy, the Administration does not support provisions that 
     would establish or reauthorize advisory commissions; however, 
     with respect to Kaloko-Honokohau, given the limited extension 
     requested and the unique circumstances in this case, the 
     Administration has no objection to this short extension.
       Sec. 203. Cumberland Gap National Historical Park. We 
     recommend enactment of this section, which would clarify the 
     authority of the Secretary of the Interior to acquire lands 
     or interests in lands with appropriated funds. Passage of 
     this section would enable the NPS to use monies in the Land 
     and Water Conservation Fund for a specific parcel without 
     necessitating an Act of Congress to authorize each purchase. 
     We believe the proposed
      amendments would enable us to respond to conservation and 
     recreation opportunities as they arise within the 
     authorized area of the park.
       Sec. 204. William O. Douglas Outdoor Classroom. The 
     President's budget estimate for fiscal year 1996 for the NPS 
     includes funds for the William O. Douglas Outdoor Classroom 
     in the Santa Monica Mountains National Recreation Area. The 
     classroom is a nonprofit organization, which operates an 
     environmental and special multicultural program in the Los 
     Angeles area that serves some 100,000 people annually, 
     including many inner-city elementary school children. The 
     language of this section would provide the authorization 
     necessary for the classroom to receive funding and for the 
     Secretary of the Interior to enter into cooperative 
     agreements. [[Page S6832]] 
       Sec. 206. Gauley Access, and Sec. 207. Visitor Center. We 
     recommend that these sections be deleted from the bill. The 
     public comment period on the Draft General Management Plan 
     (GMP) for Gauley River NRA ended in November 1994. Those 
     comments are guiding the completion of the final plan, which 
     will address the issue of a visitor contact facility and will 
     recommend locations for river access. We continue to maintain 
     that the general management planning process should be the 
     proper vehicle for determining the location of visitor 
     facilities within Gauley River NRA. It is anticipated the 
     plan will be released by the end of 1995.
       Sec. 205, Miscellaneous Provisions, Sec. 208. Extension, 
     and Sec. 209, Bluestone River Public Access. We support 
     extending the provisions of the Wild and Scenic Rivers Act 
     for a 5-year period for segments of the Bluestone and Meadow 
     Rivers previously studied and determined eligible for wild 
     and scenic river designation. The general provisions relating 
     to cooperative agreements and remnant land for Bluestone 
     River Public Access are acceptable to the Department. We 
     recommend that any remnants purchased pursuant to Sec. 205 be 
     automatically included within the boundary of that park unit. 
     The costs of implementing the above sections, if amended as 
     we have suggested, would be between $1.5 million and $2 
     million in additional land acquisition for the three existing 
     NPS units.
       Sec. 305. Volunteers in the Parks. The National Park 
     Service increasingly relies on volunteers in many program 
     areas and reaps many benefits from this program. We recommend 
     the elimination of any cap on this appropriation as it would 
     allow for any budgetary increases that may be adopted in 
     future years.
       Sec. 306. Cooperative Agreements for Research. The Senate 
     version allows the NPS to enter into cooperative agreements 
     with several entities, including ``private conservation 
     organizations.'' We prefer that this authority reflect 
     similar language in 16 U.S.C. 753, which allows the Fish and 
     Wildlife Service to establish Cooperative Research Units with 
     ``non-profit organizations.'' The House version deleted this 
     authority completely.
       Sec. 306. Carl Garner Cleanup Day. We have no objection to 
     establishment of the Carl Garner Federal Lands Cleanup Day.
       Sec. 307. Corinth Interpretive Center. In addition to 
     providing for a visitor center, which would be administered 
     as part of Shiloh National Military Park, this section 
     authorizes the Secretary to mark sites associated with the 
     Siege and Battle of Corinth National Historic Landmark.
       We oppose construction of an interpretive center at 
     Corinth. We believe such a facility is unnecessary given the 
     presence of the National Park Service visitor center at 
     nearby Shiloh Military Park. A visitor center at Corinth is 
     particularly difficult to justify in light of current fiscal 
     constraints. The cost estimate for the proposed 5,300-square-
     foot interpretive center is $6 million, which includes the 
     cost of development, operation, and maintenance for 5 years.
       We support each of the other sections not specifically 
     mentioned in this letter. However, we note that the 
     committee-reported bill does not include the extinguishment 
     of a reservation for the Army Corps of Engineers to deposit 
     dredging spoils at Fort Pulaski National Monument. We support 
     the House provision eliminating this reservation as the 
     reserved area contains two significant historic structures 
     listed on the National Register of Historic Places and 
     significant natural resource values. Extinguishment of this 
     reservation would assure permanent protection of these 
     values.
       The Office of Management and Budget has advised that there 
     is no objection to the presentation of this report from the 
     standpoint of the Administration's program.
           Sincerely,

                                      George T. Frampton, Jr.,

                                           Assistant Secretary for
                                      Fish and Wildlife and Parks.
  Mr. MURKOWSKI. Mr. President, on April 7, 1995, the Committee on 
Energy and Natural Resources filed individual reports to accompany S. 
115, Colonial Park land conveyance; S. 127, Women's Rights NHP 
amendments; S. 134, FDR Family land acquisition; S. 188, Great Falls 
Historic District; S. 197, Carl Garner Federal Lands Cleanup Day; S. 
223, Sterling Forest land acquisition; S. 357, Kaloko-Honokohau 
advisory commission; S. 392, Dayton American Heritage amendment; S. 
551, Hagerman Fossil Beds and Craters of the Moon boundary change; S. 
587, Old Spanish Trail study; and S. 601, Blackstone Heritage Area 
revision.
  At the time these reports were filed, the Department of the Interior 
had not submitted its position regarding these measures. The Committee 
has since received a communication from the Department of the Interior, 
regarding these bills, and I ask that it be printed in the Record for 
the advice of the Senate.
  The communication follows:

                                  U.S. Department of the Interior,

                                      Office of the Secretary,

                                      Washington, DC, May 9, 1995.
     Hon. Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: The Committee on Energy and Natural 
     Resources recently reported several bills. The National Park 
     Service testified in support of similar versions of many of 
     these bills in the 103rd Congress. The following provides the 
     National Park Service's position on most of the bills 
     reported.

               s. 115, colonial (va) park land conveyance

       S. 115, which authorizes the Secretary of the Interior to 
     acquire and convey certain lands or interests in lands to 
     improve the management, protection, and administration of 
     Colonial National Historical Park, was reported with an 
     amendment to conform it to the bill approved by the committee 
     last year. The amendment struck the provisions which would 
     have allowed for the expansion of a specific area of Colonial 
     Parkway and in turn would have permitted the acquisition of 
     property immediately adjacent to the parkway. The property in 
     question has been subdivided and development of such will 
     result in a major visual intrusion to the parkway. The 
     Department of the Interior/National Park Service strongly 
     supported this section of S. 115. If a boundary expansion for 
     this area of the Colonial Parkway is not enacted by Congress, 
     the National Park Service will not be able to purchase this 
     land and it will be developed.
       We support the provisions of S. 115 that would allow the 
     National Park Service to transfer the sewage systems to York 
     County, Virginia. We urge the Senate to consider restoring 
     the boundary adjustment and acquisition provisions struck by 
     the committee on March 15, 1995, when S. 115 comes before the 
     entire Senate for consideration.

               S. 127, Women's Rights NHP (NY) amendments

       S. 127, which would improve the administration of the 
     Women's Rights National Historical Park in the State of New 
     York, was reported from committee with the same amendments as 
     in 1994. These amendments delineate the properties the 
     National Park Service may acquire at Women's Rights NHP. A 
     property is also removed from the park. The development/land 
     acquisition ceiling is increased by $2 million to cover the 
     expenses which will be incurred for the permitted expansion. 
     The National Park Service has no objection to S. 127 as 
     reported by the Senate Energy and Natural Resources Committee 
     on March 15, 1995, and supports the legislation as amended.
                S. 134, FDR family land (NY) acquisition

       S. 134, which would provide for the acquisition of certain 
     lands formerly occupied by the Franklin D. Roosevelt family, 
     was approved by the committee with the same amendments 
     adopted in 1994. These amendments delineate specifically the 
     properties the National Park Service may acquire at the 
     Roosevelt Sites. Although we did not testify about specific 
     lands, the amended language, which delineates the tracts, 
     addresses the National Park Service's concerns for protecting 
     property at the Roosevelt Sites. The National Park Service 
     has no objection to S. 134 as reported by the Senate Energy 
     and Natural Resources Committee on March 15, 1995, and 
     supports the legislation as amended.

               S. 188, great falls (NJ) historic district

       S. 188, which would establish the Great Falls Historic 
     District in the State of New Jersey, was approved by the 
     committee with language similar to a bill reported from the 
     committee in September 1994, requiring a 50 percent local 
     match and limiting Federal funds. This language supports the 
     National Park Service's position and belief that defining the 
     maximum funding and requiring local participation through 
     matching funds is appropriate and necessary to limiting 
     National Park Service involvement in a site that is not a 
     unit of the National Park System.

             S. 197, carl garner federal lands cleanup day

       We have no objection to the enactment of S. 197, a bill 
     that recognizes the contribution of Carl Garner to our 
     Federal lands cleanup efforts. This is consistent with the 
     position the Department took on this legislation when we 
     testified before the Senate Subcommittee on Public Lands, 
     National Parks and Forest in the 103rd Congress. Carl Garner 
     originated this day, and we feel it is appropriate to include 
     his name in the official title.

            S. 223, Sterling Forest (NY/NJ) land acquisition

       The National Park Service (NPS) supports S. 223, the 
     ``Sterling Forest Protection Act of 1995'', as approved by 
     the Senate Energy and Natural Resources Committee. In the 
     103rd Congress, the NPS had opposed the original Sterling 
     Forest legislation that was introduced. A substitute was 
     adopted and subsequently passed the Senate, which addressed 
     the concerns of the NPS and the Department of the Interior. 
     The bill just reported from the committee, S. 233, reflects 
     our view that Department of Interior/National Park Service 
     involvement in Sterling Forest be limited to areas adjacent 
     to the Appalachian Trail.

           S. 357, Kaloko-Honokohau (HI) advisory commission

       S. 357 would extend the advisory commission for Kaloko-
     Honokohau National Historical Park. On February 10, 1993, the 
     President issued Executive Order 12838, ``Termination and 
     Limitation of Federal Advisory Committees,'' ordering each 
     agency to prepare a detailed review of all existing advisory 
     committees. As a general policy, the Administration does not 
     support provisions that would [[Page S6833]] establish or 
     reauthorize advisory commissions; however, given the unique 
     circumstances in this case, the Administration has no 
     objection to this short extension.
            s. 392, dayton (oh) american heritage amendment

       S. 392 will facilitate the appointment of the Dayton 
     Aviation Heritage Commission. This bill will satisfy the 
     Department of Justice's concern that the process for 
     appointing commission members raises constitutional issues, 
     limiting the Secretary's discretion to appoint members to the 
     commission. These amendments will correct this issue and we 
     support enactment of S. 392.

  s. 551, hagerman fossil beds and craters of the moon (id) boundary 
                                 change

       The National Park Service supports S. 551, which would 
     revise the boundaries of Hagerman Fossil Beds National 
     Monument and Craters of the Moon National Monument. Similar 
     legislation was unsuccessful in the past two Congresses. 
     Passage of this legislation is critical to both parks. We 
     recommend however that S. 551 incorporate language from the 
     House version of H.R. 694 regarding Craters of the Moon 
     National Monument. That language authorizes the NPS to 
     acquire ``lands, waters, and interests therein'' for the area 
     of the boundary adjustment. One of the primary reasons for 
     the boundary adjustment is to protect the monument's potable 
     water source and ``waters'' is not currently included in S. 
     551.

             s. 587, old spanish trail (co/nm/nv/ca) study

       The National Park Service supports S. 587, which authorizes 
     the study of the Old Spanish Trail for potential inclusion 
     into the National Trails System as a national historic trail. 
     The present language is not specific, however, as to whether 
     national historic or national scenic trail status is sought. 
     Because of the existing highway and other development along 
     the trail we do not believe it would meet the national scenic 
     trail criteria. We recommend the bill be amended to limit the 
     study to national historic trail feasibility, which would 
     greatly reduce study cost and time to complete the project. 
     In addition, we recommend that the legislation be broadened 
     to allow study of all components of the Old Spanish Trail, 
     including the Dominguez-Escalante Trail, to assure a fair and 
     complete assessment of the trail, and if designation is 
     recommended, to allow inclusion of the trail's best 
     components.

           s. 601, blackstone (ma/ri) heritage area revision

       S. 601, would revise the boundaries of the Blackstone River 
     Valley National Heritage Corridor in Massachusetts and Rhode 
     Island. The bill approved by the Senate committee is the same 
     bill reported by the committee in September 1994. The 
     National Park Service supports S. 601, however, it does not 
     address the Department of Justice's concern regarding 
     appointments to Federal Advisory Committees. We will be happy 
     to provide the committee draft language to resolve this 
     concern. We hope the Senate will take this matter into 
     consideration before it takes final action on S. 601.
       The Office of Management and Budget has advised that there 
     is no objection to the presentation of this report from the 
     standpoint of the Administration's program.
           Sincerely,

                                      George T. Frampton, Jr.,

                                  Assistant Secretary for Fish and
                                       Wildlife and Parks.
     

                          ____________________
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