What This Bill Does
This bill changes rules about the Hetch Hetchy Reservoir and Lake Eleanor Basin areas to allow more public recreation. It increases the annual fee paid by the City of San Francisco and requires the Secretary of the Interior to manage these areas for public recreation while preserving their scenic and historic features. The bill also directs a study on how to fairly charge for access to these areas.
Who It Affects
The Secretary of the Interior and the National Park Service (a federal agency that manages national parks) will administer the areas. The City of San Francisco operates the water and power system at these locations. Members of the public seeking to recreate in these areas are also affected.
Key Provisions
• The annual fee paid by the City of San Francisco increases from $30,000 to $2,000,000 and must be adjusted yearly based on increases in the Consumer Price Index for All Urban Consumers (a measure of inflation). (Sec. 2(a)(1)(A))
• The City of San Francisco cannot recover these fee payments from customers who buy their wholesale water or power. (Sec. 2(a)(1)(B))
• Swimming, non-motorized boats, camping above the high-water line, picnicking and other recreational activities the Secretary approves are allowed in the Hetch Hetchy Reservoir and Lake Eleanor Basin areas. (Sec. 2(a)(2)(1)-(5))
• The Secretary of the Interior must submit a report within one year analyzing whether these areas have been used for recreation as originally intended and recommending how to fairly charge for recreational access. (Sec. 2(b))
What Changes
The annual fee San Francisco pays jumps significantly and will increase automatically each year. More recreational activities become permitted in these reservoir areas, including swimming and camping. The National Park Service must develop plans to better serve the public seeking recreation while maintaining the areas' scenic and historic qualities.
Important Definitions
"Secretary" means the Secretary of the Interior acting through the Director of the National Park Service. No other terms are explicitly defined in the bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 519
To amend the Act of December 19, 1913 (38 Stat. 242), to expand access
to the Hetch Hetchy Reservoir and Lake Eleanor Basin areas for rec-
reational purposes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 2023
Mr. MCCLINTOCK (for himself and Mr. VALADAO) introduced the following
bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Act of December 19, 1913 (38 Stat. 242),
to expand access to the Hetch Hetchy Reservoir and
Lake Eleanor Basin areas for recreational purposes, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Yosemite National
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Park Equal Access and Fairness Act’’.
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•HR 519 IH
SEC. 2. EXPANSION OF ACCESS TO HETCH HETCHY RES-
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ERVOIR AND LAKE ELEANOR BASIN AREAS
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FOR RECREATIONAL PURPOSES.
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(a) IN GENERAL.—The Act of December 19, 1913
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(38 Stat. 242), is amended—
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(1) in section 7—
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(A) in the first sentence—
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(i) by striking ‘‘$30,000’’ and insert-
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ing ‘‘$2,000,000’’; and
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(ii) by inserting ‘‘and adjusted annu-
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ally to reflect increases in the Consumer
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Price Index for All Urban Consumers’’
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after ‘‘July of each year’’;
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(B) by inserting ‘‘The grantee may not re-
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coup said sums from wholesale water or power
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customers of the grantee.’’ after the first sen-
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tence; and
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(C) in the second sentence, by inserting
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‘‘and wildfire mitigation activities’’ after ‘‘other
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improvements’’; and
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(2) by inserting after section 11 the following:
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‘‘SEC. 12. RECREATIONAL ACTIVITY.
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‘‘(a) IN GENERAL.—The Secretary of the Interior,
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acting through the Director of the National Park Service
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(in this section referred to as the ‘Secretary’), shall admin-
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•HR 519 IH
ister the Hetch Hetchy Reservoir and Lake Eleanor Basin
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areas—
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‘‘(1) for public recreation, benefit, and use;
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‘‘(2) to the extent practicable, in a manner that
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will preserve, develop, and enhance the public recre-
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ation capacity of each such area; and
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‘‘(3) in a manner that will preserve the features
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of each such area that are scenic, historic, scientific,
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or otherwise important.
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‘‘(b) RECREATIONAL ACTIVITIES.—Subject to such
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limitations, conditions, and regulations as the Secretary
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determines necessary, the following activities shall be al-
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lowed within the Hetch Hetchy Reservoir and Lake Elea-
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nor Basin areas for recreational purposes if such activities
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are not inconsistent with the designated primary or rec-
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reational use of each such area:
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‘‘(1) Swimming.
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‘‘(2) Use of non-motorized watercraft.
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‘‘(3) Camping in and around each such area if
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such camping is not below the respective ordinary
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high-water marks of each such area.
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‘‘(4) Picnicking in and around each such area.
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‘‘(5) Other recreational activities the Secretary
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determines appropriate.
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•HR 519 IH
‘‘(6) Use by motorized and non-motorized vehi-
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cles of roads required to access each such area to
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conduct activities described in this subsection if such
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use has no negative effect on the operation or main-
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tenance of any facility associated with a dam within
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each such area.’’.
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(b) REPORT.—Not later than 1 year after the date
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of the enactment of this section, the Secretary of the Inte-
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rior, acting through the Director of the National Park
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Service, shall submit to the appropriate congressional
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committees a report that includes the following:
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(1) An analysis of whether the original intent in
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the Act of December 19, 1913 (38 Stat. 242), re-
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garding access to the Hetch Hetchy Reservoir and
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Lake Eleanor Basin areas for recreational purposes
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has been followed since such areas were created.
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(2) An analysis of how revenue collection and
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the allocation of funds related to the administration
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of the Hetch Hetchy Reservoir and Lake Eleanor
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Basin areas can be carried out to best provide equi-
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table access to such areas for recreational purposes
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by the public, including consideration of—
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(A) maintenance and support costs of such
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areas, including—
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(i) trail maintenance;
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•HR 519 IH
(ii) road improvements; and
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(iii) wildfire prevention and suppres-
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sion; and
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(B) ways to mitigate such costs, includ-
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ing—
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(i) adjusting the prices charged for
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water and power generated by the Hetch
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Hetchy Water and Power System created
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by the Act of December 19, 1913 (38 Stat.
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242);
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(ii) treating the City of San Francisco
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as a concessioner; and
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(iii) adding to the annual rental fee
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charged to the City of San Francisco by
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section 7 of the Act of December 19, 1913
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(38 Stat. 242), the annual monetary value
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of the benefits that would be lost if such
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areas had not been created, including con-
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sideration of—
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(I) recreational activities; and
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(II) flood control.
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Æ
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