MAY 12 (legislative day, APR. 24), 1978.—Ordered to be printed

(Filed under authority of the order of the Senate of May 11 (legislative day, April 24,) 1978)

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

REPORT

[To accompany S. 975]

The Committee on Energy and Natural Resources, to which was referred the bill (S. 975) to improve the administration of the national park system, having considered the same, reports favorably thereon with an amendment to the text and recommends that the bill, as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert the following:

FINDINGS AND PURPOSE

SECTION 1. (a) The Congress hereby finds that—

(1) the purpose of the national park system is to preserve outstanding natural, scenic, historic, and recreation areas for the enjoyment, education, inspiration, and use of all people;

(2) units of the national park system have recently been established near major metropolitan areas in order to preserve remaining open space and to provide recreational opportunities for urban residents (many of whom do not have access to personal motor vehicles); and

(3) circumstances which necessarily require people desiring to visit units of the national park system to rely on personal motor vehicles may diminish the natural and recreational value of such units by causing traffic congestion and environmental damage, and by requiring roads, parking, and other facilities in ever-increasing numbers and density.

(b) The purpose of this Act is to make the national park system more accessible in a manner consistent with the preservation of parks and the conservation of energy by encouraging the use of transportation modes other than personal motor vehicles for access to units of the national park system with minimum disruption to nearby communities through authorization of a pilot transportation program.

SEC. 2. (a) The Secretary of the Interior (hereinafter referred to as "Secretary") is authorized to formulate transportation plans and implement transportation projects where feasible pursuant to those plans for units of the national park system.

(b) To carry out the purposes of subsection (a) of this section, the Secretary is authorized to

(1) contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to units of the national park system;

(2) operate such services directly in the absence of suitable and adequate agencies or carriers;

(3) aquire by purchase, lease, or agreement, capital equipment for such services; and

(4) where necessary to carry out the purposes of this Act, acquire by lease, purchase, donation, exchange, or transfer, lands waters, and interests therein which are situated outside the boundary of a unit of the national park system, which property shall be administered as part of the unit: Provided, That any land or interest in land owned by a State or any of its political subdivisions may be acquired only by donation: Provided, further, That any land acquisition shall be subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to such

area.

(c) Acquisitions pursuant to subsection (b) (3) and (4) shall become final within sixty days (not counting days in which the Senate or the House of Representatives has adjourned for more than three consecutive days) from the time the Secretary has submitted a detailed proposal for such acquisitions to the Committee on Energy and National Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives in the absence of a concurrent resolution of objection.

(d) All fees collected in the operation of the facilites and services authorized by this Act shall be covered into the Planning, Development, and Operation of Recreation Facilities appropriation account to be subject to appropriation.

(e) The Secretary shall establish information programs to inform the public of available park access opportunities and to promote the use of transportation modes other than personal motor vehicles for access to and travel within the units of the national park system.

(f) Transportation facilities and services provided pursuant to this Act shall not be considered as concession facilities or services within the meaning of the Act of October 9, 1965 (79 Stat. 969) and may be undertaken by the Secretary directly or by contract without regard to any requirement of local, State, or Federal law respecting determinations of public convenience and necessity or other similar matters: Provided, That the Secretary or his contractor shall consult with the appropriate State or local public service commission or other such body having authority to issue certificates of convenience and necessity, and any such contractor shall be subject to applicable requirements of such body inless the Secretary determines that such requirements would not be consistent with the purposes and provisions of the Act.

(g) No grant of authority in this Act shall be deemed to expand the exemption of section 203(b)(4) of the Interstate Commerce Act (49 U.S.C. 303(b)(4)).'"

SEC. 3 (a) To carry out the purposes of this Act, the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Health, Education, and Welfare, and the Secretary of Commerce, and the heads of such other Federal departments or agencies as the Secretary deems necessary are directed to assist the Secretary in the formulation and implementation of transportation projects.

(b) Within one hundred and eighty days from the enactment of this Act, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives, a compilation of Federal statutes and programs providing authority for the planning, funding, or operation of transportation projects which might be utilized by the Secretary to carry out the purpose of this Act. The Secretary shall revise the compilation thereafter as he deems necessary. SEC. 4. (a) The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 2 of this Act

(1) give public notice of intention to formulate such a plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected unit of the national park system;

(2) following such notice hold a public meeting at a location or locations convenient to the affected unit of the national park system.

(b) Prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a) of this section, the Secretary shall—

(1) establish procedures, including but not limited to public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and

(2) submit, when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, a detailed report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives. The Secretary shall proceed with the implementation of such plan after sixty days (not counting days on which the Senate or House of Representatives has adjourned for more than three consecutive days) in the absence of a concurrent resolution of objection.

SEC. 5. The Secretary shall submit a report to the Congress, within three years of the effective date of this Act. The report shall include, but not be limited to, his findings and recommendations regarding

(a) preservation of natural resource values within units of the national park system through access alternatives;

(b) effects of the projects on communities in close proximity to the units of the national park system; and

(c) future transportation projects formulated pursuant to this Act.

SEC. 6. In carrying out the purposes of this Act, there is hereby authorized to be appropriated $1,000,000 for fiscal year 1979; $2,000,000 for fiscal year 1980; and $3,000,000 for fiscal year 1981, which shall remain available until expended.

PURPOSE OF THE MEASURE

S. 975, as reported, creates a 3-year pilot program for the development of transportation access alternatives to units of the national park system. The Secretary of the Interior is authorized to develop such alternatives in order to provide access for park visitors without automobiles or for those unable to drive, and at the same time to provide viable alternatives to the use of private vehicles.

BACKGROUND

Since the enactment of the National Park Service Organic Act of 1916, the Secretary of the Interior, through the National Park Service, has been charged with the dual responsibility of providing for both the public use and preservation of lands within units of the national park system.

In order to accomplish this mandate, a delicate balance must be found between visitor use and accommodation, and preservation and protection of the inherent values of the parks.

The use of private vehicles in park units started in 1921. By the mid to late 1960's, it became apparent that extensive use of private vehicles would have to be curtailed to protect the resources of the parks and to provide a high-quality visitor experience.

In 1970, the National Park Service implemented a visitor transportation service within the boundaries of Yosemite. Since that time, visitor transportation services have been implemented successfully within many park units and additional services are being planned for