[DOCID: f:hr737.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-737
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DOROTHY BUELL MEMORIAL VISITOR CENTER LEASE ACT
_______
July 8, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1423]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1423) to authorize the Secretary of the Interior
to lease a portion of a visitor center to be constructed
outside the boundary of the Indiana Dunes National Lakeshore in
Porter County, Indiana, and for other purposes, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DOROTHY BUELL MEMORIAL VISITOR CENTER LEASE.
(a) Short Title.--This section may be cited as the ``Dorothy Buell
Memorial Visitor Center Lease Act''.
(b) Memorandum of Understanding.--The Secretary of the Interior may
enter into a memorandum of understanding to establish a joint
partnership with the Porter County Convention, Recreation and Visitor
Commission. The memorandum of understanding shall--
(1) identify the overall goals and purpose of the Dorothy
Buell Memorial Visitor Center;
(2) establish how management and operational duties will be
shared;
(3) determine how exhibits, signs, and other information are
developed;
(4) indicate how various activities will be funded;
(5) identify who is responsible for providing site amenities;
(6) establish procedures for changing or dissolving the joint
partnership; and
(7) address any other issues deemed necessary by the
Secretary or the Porter County Convention, Recreation and
Visitor Commission.
(c) Lease Agreement.--
(1) Authorization.--After entering into a memorandum of
understanding in accordance with subsection (b), the Secretary
is authorized to enter into an agreement with Porter County
Convention, Recreation and Visitor Commission to lease space in
the Dorothy Buell Memorial Visitor Center, located on a site
south of the Indiana Dunes National Lakeshore boundary on IN
49, the principal north/south artery into the national
lakeshore, for use as a visitor center for Indiana Dunes
National Lakeshore.
(2) Development of exhibits.--The Secretary may plan, design,
construct, and install exhibits in the leased space related to
the use and management of the resources at Indiana Dunes
National Lakeshore, at a cost not to exceed $1,500,000.
(3) National lakeshore presence.--The Secretary may utilize
park staff from Indiana Dunes National Lakeshore in the leased
space to provide visitor information and education.
SEC. 2. INDIANA DUNES NATIONAL LAKESHORE.
Section 19 of the Act entitled ``An Act to provide for the
establishment of the Indiana Dunes National Lakeshore, and for other
purposes'' (16 U.S.C. 460u-19) is amended--
(1) by striking ``After notifying'' and inserting ``(a) After
notifying''; and
(2) by adding at the end the following:
``(b) For purposes of subsection (a), lands may be considered
contiguous to other lands if the lands touch the other lands, or are
separated from the other lands by only a public or private right-of-
way, such as a road, railroad, or utility corridor.''.
Amend the title so as to read:
A bill to authorize the Secretary of the Interior to lease
a portion of the Dorothy Buell Memorial Visitor Center for use
as a visitor center for the Indiana Dunes National Lakeshore,
and for other purposes.
Purpose of the Bill
The purpose of H.R. 1423, as ordered reported, is to
authorize the Secretary of the Interior to lease a portion of
the Dorothy Buell Memorial Visitor Center for use as a visitor
center for the Indiana Dunes National Lakeshore, and for other
purposes.
Background and Need for Legislation
Indiana Dunes National Lakeshore was established by
Congress in 1966. The 15,067-acre park stretches for 25 miles
along the shore of Lake Michigan in northwest Indiana, and
receives over three million visitors each year.
For nearly a decade, the National Lakeshore and the Porter
County Convention, Recreation and Visitor Commission have
worked together to replace older visitor centers that are far
from the main transportation routes.
In 2003, the park and Porter County began the process to
build a new visitor facility at the intersection of the two
main routes leading into the park. The Dorothy Buell Memorial
Visitor Center was dedicated at the end of November 2006.
During the center's first year of operation, visitation
increased by 24% over visitation levels at the older NPS
visitor center.
H.R. 1423 permits the Secretary of the Interior to enter
into a partnership with the Porter County Convention,
Recreation and Visitor Commission to lease space outside the
established boundaries of the park at the Commission's Dorothy
Buell Memorial Visitor Center for exhibits, offices, a book
store and a theater.
Committee Action
H.R. 1423 was introduced on March 8, 2007, by
Representative Peter Visclosky (D-IN). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
At a hearing before the National Parks, Forests and Public
Lands Subcommittee on March 6, 2008, a representative of the
National Park Service testified in favor of the bill and
requested minor amendments that would increase from $1.2
million to $1.5 million the amount authorized to plan, design,
construct, and install exhibits in the visitor center to
provide information about the resources of the park.
On June 11, 2008, the Full Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged from further
consideration of H.R. 1423. Subcommittee Chairman Grijalva (D-
AZ) offered an amendment in the nature of a substitute to
increase the funding authorization for the planning, design,
construction and installation of exhibits; clarify the
definition of ``contiguous lands'' for purposes of accepting
donations of land to the park; and correct the long title. The
amendment in the nature of a substitute was adopted by
unanimous consent. The bill as amended was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Section-by-Section Analysis
Section 1. Dorothy Buell Memorial Visitor Center
Section 1 permits the Secretary of the Interior to enter
into a memorandum of understanding with the Porter County
Convention, Recreation and Visitor Commission (PCCRVC) to
identify the goals and purpose of the visitor center; establish
how management and operational duties will be shared; determine
how exhibits, signs and other information are developed; and
address questions about funding, providing amenities, and
amending or dissolving the joint partnership.
After entering into such a memorandum of understanding,
Section 1 permits the Secretary to enter into an agreement to
lease space in the visitor center from PCCRVC, and authorizes
the Secretary to plan, design, construct and install exhibits
there, at a cost not to exceed $1.5 million.
Section 1 also allows the Secretary to use staff from the
park in the leased space, which is outside the established
boundaries of the park, to provide visitor information and
education.
Section 2. Indiana Dunes National Lakeshore
Section 2 clarifies that, for purposes of accepting donated
lands under the terms of the park's establishing legislation,
lands may be considered contiguous even if separated by a
public or private right-of-way, such as a road, railroad or
utility corridor.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants 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. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
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, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to lease a portion of the Dorothy Buell Memorial
Visitor Center for use as a visitor center for the Indiana
Dunes National Lakeshore, and for other purposes.
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 received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
Congressional Budget Office Cost Estimate
H.R. 1423--Dorothy Buell Memorial Visitor Center Lease Act
Summary: H.R. 1423 would authorize the National Park
Service (NPS) to enter into a capital lease for a portion ofthe
Dorothy Buell Memorial Visitor Center, located outside the
boundary of the Indiana Dunes National Lakeshore in Indiana,
and to construct exhibits in the leased space at a cost of up
to $1.5 million.
Assuming appropriation of the necessary amounts, CBO
estimates that the NPS would spend $1.5 million over the 2009-
2013 period for exhibits in the new visitor facility. CBO also
estimates that the leasing provisions of the bill would create
budget authority of about $2 million in 2009 for a capital
lease that would be executed with the Porter County Convention,
Recreation, and Visitor Commission (PCCRVA, the owner of the
visitor center). We estimate that annual lease payments under
the new contract would increase direct spending by about $1
million over the 2009-2018 period. Enacting the bill would not
affect revenues.
H.R. 1423 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1423 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year. in millions of dollars--
-----------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009-2013 2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level..................... 2 * * * * * * * * * 2 1
Estimated Outlays................................. 1 1 * * * * * * * * 2 1
DIRECT SPENDING
Estimated Budget Authority........................ 2 * * * * * * * * * 2 2
Estimated Outlays................................. * * * * * * * * * * * 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = between -$500,000 and $500,000.
Basis of estimate: For this estimate, CBO assumes that H.R.
1423 will be enacted near the end of fiscal year 2008 and that
$1.5 million will be appropriated for fiscal year 2009 for
exhibits at the visitor center. Estimated outlays are based on
historical spending patterns for similar NPS projects.
H.R. 1423 would authorize the NPS and the PCCRVA to execute
a new lease, which would replace an existing operating lease
that the agency first entered into in 2005 under authority
delegated by the General Services Administration (GSA). The
existing agreement with the commission can be automatically
extended for 25 years but requires an annual review of lease
payments and other conditions. Unlike the existing agreement,
the new lease would not have to comply with those terms or
other GSA leasing policies. Discontinuing the existing lease
would reduce spending subject to appropriation by around
$600,000 over the 2009-2018 period.
CBO expects that, under the bill, the NPS would enter into
a capital lease with the PCCRVA for an indefinite period of
time. Because the new lease could obligate the federal
government to make lease payments over the life of the new
agreement, the full cost of the lease should be recorded as new
budget authority at the time that the agreement is signed. That
budget authority--estimated to be about $2 million (including
contract termination costs)--is determined by calculating the
discounted present value of the anticipated lease payments.
Spending would occur over the term of the lease--assumed to be
50 years. Based on information provided by the NPS, CBO
estimates that payments under the new lease would total about
$60,000 a year, adjusted annually for inflation.
Finally, the bill would authorize the NPS to accept
donations of land separated from the existing park by a road or
other right-of-way. Based on information provided by the
agency, CBO expects that the cost of administering any property
that may be added to the park as a result of this provision
would be minimal.
Intergovernmental and private-sector impact: H.R. 1423
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Melissa Merrill;
Impact on the Private Sector: MarDestinee C. Perez.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1423 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
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):
SECTION 19 OF THE ACT OF NOVEMBER 5, 1966
AN ACT To provide for the establishment of the indiana dunes national
lakeshore, and for other purposes.
Sec. 19. [After notifying] (a) After notifying the Committees
on Interior and Insular Affairs of the United States Congress,
in writing, of his intentions to do so and of the reasons
therefor, the Secretary may, if he finds that such lands would
make a significant contribution to the purposes for which the
lakeshore was established, accept title to any lands, or
interests in lands, located outside the present boundaries of
the lakeshore but contiguous thereto or to lands acquired under
this section, such lands the State of Indiana or its political
subdivisions may acquire and offer to donate to the United
States or which any private person, organization, or public or
private corporation may offer to donate to the United States
and he shall administer such lands as a part of the lakeshore
after publishing notice to that effect in the Federal Register.
(b) For purposes of subsection (a), lands may be considered
contiguous to other lands if the lands touch the other lands,
or are separated from the other lands by only a public or
private right-of-way, such as a road, railroad, or utility
corridor.
* * * * * * *
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