I
106TH CONGRESS
2D SESSION
H. R. 4521
To direct the Secretary of the Interior to authorize and provide funding
for rehabilitation of the Going-to-the-Sun Road in Glacier National Park,
to authorize funds for maintenance of utilities related to the Park,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 23, 2000
Mr. HILL of Montana (for himself, Mr. KASICH, Mr. YOUNG of Alaska, Mr.
HANSEN, Mr. SOUDER, Mr. CANNON, Mrs. CUBIN, Mr. TAUZIN, Mr.
GILCHREST, Mr. COOKSEY, Ms. DUNN, Mr. PITTS, Mr. THUNE, Mr.
WATKINS, Mr. COOK, Mr. JONES of North Carolina, Mr. MANZULLO, Mr.
DOOLITTLE, Mr. NETHERCUTT, Mr. RILEY, Mr. PORTMAN, Mr. POM-
EROY, Mr. HUTCHINSON, Mr. LUCAS of Kentucky, Mr. BLUNT, Mr. GIB-
BONS, Ms. GRANGER, Mr. SESSIONS, Mr. ABERCROMBIE, Mr. POMBO,
Mr. SUNUNU, Mr. HASTINGS of Washington, Mr. SHIMKUS, and Mr.
SIMPSON) introduced the following bill; which was referred to the Com-
mittee on Resources
A BILL
To direct the Secretary of the Interior to authorize and
provide funding for rehabilitation of the Going-to-the-
Sun Road in Glacier National Park, to authorize funds
for maintenance of utilities related to the Park, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The historic significance of the 52-mile
Going-to-the-Sun Road is recognized by its listing on
the National Register of Historic Places in 1983,
designation as a National Historic Engineering
Landmark by the American Society of Civil Engi-
neers in 1985, and designation as a National His-
toric Landmark in 1997.
(2) A contracted engineering study and Federal
Highway Administration recommendations in 1997
of the Going-to-the-Sun Road verified significant
structural damage to the road that has occurred
since it opened in 1932.
(3) Infrastructure at most of the developed
areas is inadequate for cold-season (fall, winter, and
spring) operation, and maintenance backlog needs
exist for normal summer operation.
(4) The Many Glacier Hotel and Lake McDon-
ald Lodge are on the National Register of Historic
Places and are National Historic Landmarks. Other
accommodations operated by the concessioner with
possessory interest and listed on the National Reg-
ister of Historic Places are the Rising Sun Motor
Inn and Swiftcurrent Motel.
water, sewer, and fire protection systems that can
operate in freezing conditions, lack building insula-
tion, and lack heating systems.
(11) Because of many factors, including the
high projected costs of remodeling, the relatively
short tourist season in Glacier National Park, and
the requirement that concession agreements may not
exceed 20 years, concessionaires are unable to un-
dertake the scope of remodeling that is needed for
the hotels in Glacier National Park.
(12) The National Park Service Concessions
Management Improvement Act of 1998 is based
upon sound principles and is achieving its basic pur-
poses, but there appear to be selected instances
where the National Park Service needs additional
authority to conduct demonstration projects.
(13) A demonstration project is needed for the
repair of the historic hotels in Glacier National
Park.
SEC. 2. GOING-TO-THE-SUN ROAD STUDY.
(a) IN GENERAL.—Not later than June 30, 2001, the
Secretary of the Interior (hereinafter referred to as the
‘‘Secretary’’), in consultation with the Going-to-the-Sun
Road Citizens Advisory Committee, shall complete a feasi-
bility study for rehabilitation of Going-to-the-Sun Road lo-
cated in Glacier National Park. The study shall include—
(1) alternative plans for rehabilitation of Going-
to-the-Sun Road and a ranking of the feasibility of
each plan;
(2) an estimate of the length of time necessary
to complete each plan;
(3) a description of what mitigation efforts
would be used to preserve resources and minimize
adverse economic effects of each plan;
(4) an analysis of the costs and benefits of each
plan;
(5) an estimate of the cost of each plan;
(6) an analysis of long-term maintenance needs,
standards, and schedules for the road, alternatives
to accomplish the work, maintenance staff needs,
and associated cost estimates; and
(7) a complete environmental analysis that ful-
fills the requirements of the National Environmental
Policy Act of 1969, the National Historic Preserva-
tion Act, and other laws.
(b) CONTINUATION MAINTENANCE.—Nothing in this
section shall affect the duty of the Secretary to continue
the program in effect on the day before the date of the
enactment of this Act to preserve, maintain, and address
safety concerns related to Going-to-the-Sun Road.
(c) IMPLEMENTATION OF PLAN.—As soon as prac-
ticable after completing the study and environmental anal-
ysis required by subsection (a), the Secretary shall con-
sider the recommendations of the Advisory Committee,
make a decision documented in the environmental analysis
process, and begin implementation of the plan. Implemen-
tation actions that are authorized include rehabilitation of
Going-to-the-Sun Road and expenditure of funds outside
the Park for transportation system improvements or im-
pact mitigation if recommended by the study and the Ad-
visory Committee. The Secretary shall also seek funding
for the long-term maintenance needs that the study identi-
fies.
(d) REPORT.—Not later than 30 days after comple-
tion of the study required by subsection (a), the Secretary
shall transmit to the Committee on Resources in the
House of Representatives and the Committee on Energy
and Natural Resources in the Senate a copy of the study.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $200,000,000 for implementation of the
plan under subsection (c), including the cost of any nec-
essary environmental or cultural documentation and moni-
toring.
SEC. 3. MAINTENANCE AND UPGRADE OF UTILITY SYS-
TEMS.
(a) IN GENERAL.—As soon as practicable after funds
are made available under this section, the Secretary shall
begin the upgrade and continue the maintenance of utility
systems which service Glacier National Park and facilities
related to the Park.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section, $20,000,000.
SEC. 4. HOTEL REHABILITATION.
(a) COMPETITIVE LEASES OF PROPERTY AUTHOR-
IZED.—Notwithstanding any other provision, (including
section 3(k) of Public Law 91–383 (commonly known as
the National Park System General Authorities Act; 16
U.S.C. 1a–2)), the Secretary is authorized to enter into
competitive leases of property in Glacier National Park
owned by the United States under the authority of section
3(k) of Public Law 91–383 (commonly known as the Na-
tional Park System General Authorities Act; 16 U.S.C.
1a–2) under which the lessee will be authorized to provide
visitor services to visitors to the area.
(b) MANDATORY CONDITIONS OF LEASES.—The Sec-
retary shall only enter into leases under subsection (a)
after determining that the provision of visitor services is
necessary and appropriate for the accommodation of visi-
tors to Glacier National Park and is otherwise consistent
with the policies expressed in section 402 of the National
Park Service Concessions Management Improvement Act
of 1998 (Public Law 105–391). In determining whether
visitor services are necessary and appropriate, the Sec-
retary may consider the value of providing additional vis-
itor services, including conference facilities, for groups of
visitors in the early spring and late fall months, especially
as these additional services may provide extra revenue
needed to finance improvements for the historic hotels in
Glacier National Park. The Secretary shall include in such
leases appropriate terms and conditions to assure the fol-
lowing:
(1) The visitor services to be provided are ade-
quate and available at reasonable rates approved by
the Secretary in accordance with the policies ex-
pressed in section 406 of the National Park Service
Concessions Management Improvement Act of 1998.
In determining whether rates are reasonable, the
Secretary may allow the rates to be set high enough
to allow investment in capital improvements for vis-
itor services to be reasonably recovered by the con-
cessionaire that financed the improvements.
(2) The leased property will be properly main-
tained by the lessee, and, with respect to historic
property that may be leased, preserved, and main-
tained in a manner consistent with its historic char-
acter as determined by the Secretary.
(c) DISCRETIONARY CONDITIONS OF LEASES.—The
Secretary shall include in leases entered into under sub-
section (a) appropriate terms and conditions necessary to
assure the lessee of adequate protection against loss of in-
vestment in real property improvement that the lessee may
make to the leased property. Such terms and conditions
shall include an obligation of the United States to com-
pensate the lessee for loss of investment in real property
improvements in circumstances that the Secretary deems
prudent.
(d) LEASEHOLD SURRENDER VALUE.—In any con-
tracts for improvements, the Secretary shall recognize the
leasehold surrender value of existing leases that the Sec-
retary may require to be surrendered in actions associated
with approving improvements to visitor services to be
made under this section.
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