[Senate Hearing 111-282]
[From the U.S. Government Publishing Office]
S. Hrg. 111-282
MISCELLANEOUS NATIONAL PARKS LEGISLATION
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
ON
S. 1369 H.R. 1121
S. 1405 H.R. 1287
S. 1413 H.R. 2802
S. 1767 H.R. 3113
S. Res. 275
__________
NOVEMBER 4, 2009
Printed for the use of the
Committee on Energy and Natural Resources
U.S. GOVERNMENT PRINTING OFFICE
55-019 PDF WASHINGTON : 2010
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC
area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC
20402-0001
COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
BYRON L. DORGAN, North Dakota LISA MURKOWSKI, Alaska
RON WYDEN, Oregon RICHARD BURR, North Carolina
TIM JOHNSON, South Dakota JOHN BARRASSO, Wyoming
MARY L. LANDRIEU, Louisiana SAM BROWNBACK, Kansas
MARIA CANTWELL, Washington JAMES E. RISCH, Idaho
ROBERT MENENDEZ, New Jersey JOHN McCAIN, Arizona
BLANCHE L. LINCOLN, Arkansas ROBERT F. BENNETT, Utah
BERNARD SANDERS, Vermont JIM BUNNING, Kentucky
EVAN BAYH, Indiana JEFF SESSIONS, Alabama
DEBBIE STABENOW, Michigan BOB CORKER, Tennessee
MARK UDALL, Colorado
JEANNE SHAHEEN, New Hampshire
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
McKie Campbell, Republican Staff Director
Karen K. Billups, Republican Chief Counsel
------
Subcommittee on National Parks
MARK UDALL, Colorado Chairman
BYRON L. DORGAN, North Dakota RICHARD BURR, North Carolina
MARY L. LANDRIEU, Louisiana JOHN BARRASSO, Wyoming
ROBERT MENENDEZ, New Jersey SAM BROWNBACK, Kansas
BLANCHE L. LINCOLN, Arkansas JOHN McCAIN, Arizona
BERNARD SANDERS, Vermont JIM BUNNING, Kentucky
EVAN BAYH, Indiana BOB CORKER, Tennessee
DEBBIE STABENOW, Michigan
Jeff Bingaman and Lisa Murkowski are Ex Officio Members of the
Subcommittee
C O N T E N T S
----------
STATEMENTS
Page
Burr, Hon. Richard, U.S. Senator From North Carolina............. 2
Kirk, Hon. Paul, U.S. Senator From Massachusetts................. 4
Stevenson, Katherine H., Assistant Director, Business Services,
National Park Service, Department of the Interior.............. 6
Udall, Hon. Mark, U.S. Senator From Colorado..................... 1
APPENDIX
Additional material submitted for the record..................... 17
MISCELLANEOUS NATIONAL PARKS LEGISLATION
----------
WEDNESDAY, NOVEMBER 4, 2009
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:30 p.m. in
room SD-366, Dirksen Senate Office Building, Hon. Mark Udall
presiding.
OPENING STATEMENT OF HON. MARK UDALL, U.S. SENATOR FROM
COLORADO
Senator Udall. The Parks subcommittee will come to order.
This afternoon the Subcommittee on National Parks will
consider several bills and one Senate Resolution pending before
this subcommittee.
It appears that most of these bills are noncontroversial,
although one or two may require more attention.
The bills today include S. 1369, to designate segments of
the Molalla River in the State of Oregon as components of the
National Wild and Scenic River System;
S. 1405, to rename the Longfellow National Historic Site in
Massachusetts as the Longfellow House-Washington's Headquarters
National Historic Site;
S. 1413, to expand the boundary of the Adams National
Historical Park in Quincy, Massachusetts to include the Quincy
Homestead Property;
S. 1767 and H.R. 1121, to authorize a land exchange between
the Blue Ridge Parkway and the town of Blowing Rock, North
Carolina;
S. Res. 275, to honor the Minute Man National Historical
Park on the occasion of its 50th anniversary;
H.R. 2802, to extend the authority of the Adams Memorial
Foundation to establish a commemorative work in the honor of
former President John Adams and his legacy;
H.R. 1287, to authorize the Secretary of the Interior to
enter into a partnership regarding the use of a visitor center
for the Indiana Dunes National Lakeshore; and
H.R. 3113, to study a segment of the Elk River in the State
of West Virginia for potential addition to the National Wild
and Scenic River System.
The two Massachusetts park bills were either sponsored or
cosponsored by Senator Kennedy, and I look forward to working
with Senator Kerry, Senator Kirk, our ranking member, Senator
Burr, and other members of the committee, to address any
outstanding issues so that we can advance these bills through
the Senate.
At this time, I'd like to recognize the ranking member of
the subcommittee, Senator Burr, for his opening statement.
STATEMENT OF HON. RICHARD BURR, U.S. SENATOR FROM NORTH
CAROLINA
Senator Burr. Mr. Chairman, thank you. Thank you for
convening this hearing before the National Parks Subcommittee.
As you've stated, we've got 8 bills on the agenda today. I
want to thank you for not going with 60 bills, which is the
historical nature of the subcommittee. I think we can handle
these more expeditiously, in smaller tranches.
One of the bills on the agenda is important to my home
State of North Carolina, the Blue Ridge Land Exchange--Parkway
Land Exchange, which I introduced along with Senator Hagan. Mr.
Chairman, I would ask unanimous consent to enter into the
record a statement from Senator Hagan, as well as unanimous
consent to enter into the record letters from the mayors of
Blowing Rock.
Senator Udall. Without objection.
[The prepared statement of Senator Hagan follows:]
Prepared Statement of Hon. Kay R. Hagan, U.S. Senator From
North Carolina
s.1767
Mr. Chairman and Members of the Subcommittee,
Thank you for the opportunity to submit testimony regarding
S.1767--the Blue Ridge Parkway and Town of Blowing Rock Land Exchange
Act of 2009. Senator Burr and I introduced this legislation on October
8, 2009, following the passage of identical legislation (H.R. 1121) by
the House of Representatives on July 27, 2009. Introduced by
Congresswoman Virginia Foxx, and co-sponsored by the entire North
Carolina delegation, H.R. 1121 was approved in the House by a vote of
377-0.
As introduced, S. 1767 will authorize the Secretary of the Interior
to engage in a land exchange with the Town of Blowing Rock (``Town'')
in western North Carolina. In particular, the bill will allow the
Secretary to trade approximately 20 acres of land within the boundaries
of the Blue Ridge Parkway for approximately 192 acres of land owned by
the Town. The purpose of this exchange is to simplify a longstanding
agreement between the National Park Service (NPS) and the Town with
regard to a small reservoir within the Blue Ridge Parkway boundary. The
House Committee on Natural Resources reports:
This land exchange is supported by both the Town of Blowing
Rock (the Town) and the National Park Service (NPS). The land
containing the reservoir was willed to the federal government
in 1908 upon the death of prominent local resident Moses Cone,
but was held in trust until its actual donation in 1949. In the
intervening years, Mr. Cone's widow allowed the Town to remove
water from a stream on the property and pipe it to the Town's
water system. The NPS issued the Town a Special Use Permit to
construct a dam on the stream in 1955, creating a small
reservoir.
Both parties agree that the best long-term resolution of the
current situation would be to transfer the reservoir and its
management to the Town, in exchange for other lands which
support the mission and purposes of the Parkway.
The approximately 192 acre parcel to be acquired by the NPS
is undeveloped land owned by the Town. It is desirable to the
National Park Service because it will provide a buffer between
the Blue Ridge Parkway and adjacent developed areas. It will
also protect scenic views and enhance recreational
opportunities on the Parkway.
To ensure equity and transparency, S. 1767 will require that any
agreement between the NPS and the Town comply with all laws,
regulations, and policies regarding NPS land exchanges. This will
require the NPS to conduct an appraisal of all relevant land, while
providing the authority to the Secretary to adjust acreage totals to
guarantee a fair exchange. The bill also requires the Secretary to make
available a map of the exchanged lands for review by local
stakeholders.
Land acquired by the NPS through this legislation will be
administered as part of the Blue Ridge Parkway, with the boundary of
the Parkway automatically adjusted to reflect any new acquisitions. As
the most visited unit of the National Park System, the Parkway welcomes
more than 20 million visitors annually to North Carolina and Virginia.
The Parkway's more than 450 miles of scenic views support an estimated
$2.3 billion in local economic activity every year.
As we look forward to celebrating the 75th anniversary of this
national treasure, this land exchange is an excellent opportunity to
enhance the Blue Ridge Parkway visitor experience at no cost to the
federal government. Just the same, S. 1767 will ensure that the Town is
able to continue to provide safe and reliable drinking water throughout
the Blowing Rock community, protecting public health and helping to
stimulate and sustain local economic development.
For these reasons, I urge the Committee to review and approve
S.1767 as quickly as possible, and look forward to working with
Chairman Bingaman and Ranking Member Murkowski to expedite its
consideration by the full Senate.
Thank you once more for your efforts to consider the Blue Ridge
Parkway and Town of Blowing Rock Land Exchange Act of 2009.
Senator Burr. The bill enjoys unanimous support from the
North Carolina Congressional Delegation and is vital to the
town of Blowing Rock. This bill would allow Blowing Rock to
gain ownership and control of their water source in exchange
for land surrounding the Blue Ridge Parkway. This would provide
the Parkway with additional recreational opportunities and
protect scenic viewpoints. It's important to note that nothing
included in the language of this bill will change hunting
rights within any of the exchanged land.
This bill is a win-win situation, for all involved. I look
forward to taking another step toward its completion today. The
mayor of Blowing Rock has written letters of support, which
I've already put in the record, as well as the town manager,
Scott Hildebrand.
Mr. Chairman, once again I thank you and would remind you
and my colleagues that the Blue Ridge Parkway is a unique
treasure of this country. As it was constructed, there was very
little thought put toward whether adjacent to the Parkway was
private lands or public lands. Over the years, we have tried to
work within the framework of the restrictions on the Blue Ridge
Parkway to try to settle the distribution of land needed for
surrounding communities. We have successfully done that through
these land swaps. I think, in most cases, if not in all cases,
actually, the beneficiary is the Parkway and the protection of
that national treasure, because it gives us much more of a
buffer to the Parkway and provides the communities as really
willing partners with the Parkway's intent.
I thank the chair.
Senator Udall. I thank the ranking member for his comments.
I would note for the record that the slowness with which I
responded to his unanimous consent request is no indication of
my deep and fervent support for this important measure. We have
similar opportunities, I would point out, in the West, where
land exchanges can be truly a win-win for everybody involved. I
look forward to working with the ranking member to bring this
bill to the full floor and get it to the President's desk as
soon as we can.
We now want to turn to Senator Kirk for any testimony he
might have on these important Massachusetts bills. As a huge
fan of John Adams and his extended family, I look forward to
Senator Kirk's testimony, and look forward to working with him
to move these bills to the floor of the Senate and on to the
President's desk.
Senator Kirk.
STATEMENT OF HON. PAUL KIRK, U.S. SENATOR
FROM MASSACHUSETTS
Senator Kirk. Thank you very much, Mr. Chairman.
I want to commend you, Chairman Udall and Senator Burr, for
holding these hearings this afternoon, and commend also the
National Parks Service for its extraordinary work in preserving
so many important sites for history throughout our country.
I'm here in appreciation, and I want to express my strong
support, for four of the bills on today's agenda before the
committee: S. 1405, S. 1413, S. Res. 275, and H.R. 2802. Each
of these bills is important to my home State of Massachusetts,
they highlight the prominent role of our State in the
Revolutionary War, and each will make that history more vivid
for visitors for centuries to come.
The first of those is S. 1405, as you referred to, as the
Longfellow House-Washington Headquarters National Historic Site
Designation Act. S. 1405 will make a long overdue correction to
the name of the, quote, ``Henry Wadsworth Longfellow House,''
close quote, in Cambridge. This bill will redesignate the site
as the, quote, ``Longfellow House-Washington Headquarters
National Historic Site,'' close quote, to recognize the 9
months of the father of our Nation, during which he resided
there, in 1775 and 1776, during the siege of Boston, the
beginning of our war for independence.
It was at the Longfellow House that General Washington
created the Continental Army and successfully led the effort to
force the British to evacuate the city.
The property was designated a National Historic Site in
1972. However, Washington's history at the site was not
acknowledged at the time, and this bill will correct that
oversight.
As historian David McCullough has said, the Longfellow
house, and I quote, ``is haunted by a cast of characters that
is almost unrivaled by any structure in the country, with the
possible exception of the White House and Independence Hall,''
close quote.
Senators Kennedy and Kerry introduced S. 1405 in July, and
I'm please to be a cosponsor now, and I urge the committee to
approve it.
The second bill I urge the committee to approve is S. 1413,
Adams National Historical Park Boundary Addition Act of 2009.
S. 1413 will expand the boundary of the Adams National Historic
Park in Quincy, Massachusetts, to include the Quincy Homestead,
a property closely associated with the family of our second and
sixth Presidents, John Adams and John Quincy Adams.
The current boundary of the park includes the Adams family
home, but not the nearby Quincy homestead. Edmund Quincy II had
the homestead built in 1686. Leading up to the American
Revolution, it served as a meetingplace for John Adams, John
Hancock, and other patriots. Five generations of Quincys, a
family that also includes Oliver Wendell Holmes, lived in the
homestead.
The property was designated a National Historic Landmark in
2005, and it is owned today by the National Society of the
Colonial Dames of American, who have put great effort into
restoring the property to make it fit for visitors. The
Colonial Dames Society strongly supports this bill, because it
will ensure that this remarkable property is preserved for
generations to come.
Senators Kerry and Kennedy sponsored this legislation,
which I am pleased to cosponsor, as well. I urge the committee
to approve it.
Third, S. Res. 275, a resolution honoring the Minute Man
National Historical Park on the occasion of its 50th
anniversary. I'm pleased that the committee is also considering
S. Res. 275, which commemorates the 50th anniversary of Minute
Man National Historical Park, located in Lexington, Concord,
and Lincoln, Massachusetts.
Senator Kerry introduced the resolution on September 21,
the date of the anniversary, and I'm proud to be a cosponsor.
Minute Man Park is America's sacred ground. It is the place
where Americans first stood up arms against the British, and
put the Colonies on the path to independence. The park contains
sites along Battle Row, where Minute Men and British soldiers
fought during the first battle of the Revolution, including the
Old North Bridge in Concord, where the ``shot heard round the
world'' was fired.
Congress recently approved legislation adding the farm of
Colonel Jones Barrett, in Concord, to the Park. Barrett was a
leader of the colonial militia at the time, and munitions of
the militia were hidden on his farm. Finding those munitions
was a key objective of the British March on Concord and
Lexington.
This resolution is an important recognition of the Park's
special significance in the Nation's history, and I urge the
committee to approve it.
Finally, Mr. Chairman, I urge the committee's approval of
H.R. 2802, to provide for an extension of the legislative
authority of the Adams Memorial Foundation to establish a
memorial to President John Adams in Washington, DC. H.R. 2802
will grant a 7-year extension to the Adams Memorial Foundation
to continue its work to identify an appropriate site near the
National Mall for a monument to our second president. Without
this extension, the current authorization, enacted in 2001,
will expire later this year. The board of the Foundation
includes the man who literally wrote the book on John Adams,
David McCullough. The Foundation is proceeding with a review of
possible memorial site locations. The brief extension sought in
H.R. 2802 will enable this important work to continue so that
an appropriate location can be selected and the design and
construction work can begin.
Congressman Bill Delahunt is the sponsor of this bill,
which passed the House in September. I urge the committee to
approve it, as well.
I'm grateful, Mr. Chairman, to you and to your committee,
for the opportunity to express my views, and I look forward to
working with each of you to enact these important bills for the
State of Massachusetts and for the Nation.
Thank you very much, Mr. Chairman.
Senator Udall. Thank you, Senator Kirk.
We know how busy your schedule is, and I personally take it
as a statement of how important this is to you, that you took
time to come today and testify.
I don't have any questions.
I want to turn to Senator Burr to see if he has any
questions. He does not.
If you have any further statements for the record, we'd be
happy to receive those.
But, again, thank you for taking the time to testify.
Senator Kirk. Thank you for your courtesies, Mr. Chairman.
Senator Burr, I thank you very much.
Senator Udall. Thank you.
We will take a short break, while we're joined by the
Administration witness, Katherine Stevenson, who is the
assistant director of business services at the National Parks
Service.
So, Ms. Stevenson, if you'd join us.
[Pause.]
Senator Udall. Ms. Stevenson, the floor is yours. We look
forward to your testimony.
STATEMENT OF KATHERINE H. STEVENSON, ASSISTANT DIRECTOR,
BUSINESS SERVICES, NATIONAL PARK SERVICE, DEPARTMENT OF THE
INTERIOR
Ms. Stevenson. Thank you very much, Mr. Chairman. Thank you
for the opportunity to appear before you to offer the views of
the Department of the Interior on the bills before you today.
I'll summarize my remarks, although I'm sure you'd like me
to read the full testimony of each of them. But, I will ask
that the full text be entered into the record.
The Department supports--thank you--S. 1369 ***AGENDA HAS
S. 1369***, which would designate 15.1 miles of the Molalla
River and 6.2 miles of the Table Rock fork of the Molalla, as
components of the Wild and Scenic Rivers System.
Ed Robertson, BLM assistant director for renewable
resources and planning, is accompanying me today, and he'll be
happy to answer any questions you might have on this bill.
The Department supports redesignation of the Longfellow
National Historic Site as the Longfellow House-Washington
Headquarters National Historic Site, as authorized by S. 1405.
On the other hand, the Department opposes S. 1413. We
believe that inclusion of the Quincy House is inconsistent with
the purposes for which the Adams National Historical Park was
designated.
The Department supports S. 1767, which would authorize a
land exchange between the Blue Ridge Parkway and the town of
Blowing Rock, North Carolina.
We also support H.R. 2802, which would extend the authority
of the Adams Memorial Foundation until December 2, 2013.
The Forest Service supports H.R. 3113 that would authorize
a study of a segment of the Elk River in Pocahontas County,
West Virginia, for its eligibility as an addition to the
National Wild and Scenic Rivers System.
Finally, the Department supports H.R. 1287 that would
authorize the Secretary to enter into an agreement with the
Porter County Convention Recreation and Visitor Commission to
develop a partnership plan including cooperative management of
a newly constructed visitor facility and the sharing of
operational activities.
Mr. Chairman, this concludes my prepared remarks. I'd be
happy to answer any questions you might have.
[The prepared statements of Ms. Stevenson follow:]
Prepared Statement of Katherine H. Stevenson, Assistant Director,
Business Services, National Park Service, Department of the Interior
Thank you for inviting the Department of the Interior to testify on
S. 1369, the Molalla River Wild and Scenic Rivers Act. The Bureau of
Land Management (BLM) supports S. 1369.
background
The Molalla River begins its journey to the sea on the western
slopes of the Cascade Mountains of Oregon. At an elevation of 4,800
feet, the Molalla flows undammed for 49 miles west and north until it
joins the Willamette River. For years, the Molalla suffered from too
much negative attention from its visitors, including vandalism. To
address these problems, local residents joined together several years
ago and formed the Molalla River Alliance (MRA). The MRA, a nonprofit
all volunteer organization, has over 45 public and private partners,
including Federal, State, and local government agencies, user groups,
and conservationists. Working cooperatively with BLM's local field
office, the MRA has provided the Molalla the care it needed. Today, we
are pleased that this subcommittee is considering designating
approximately 21 miles of the river as a component of the National Wild
and Scenic Rivers System.
The Molalla River is home to important natural and cultural
resources. Protection of this watershed is crucial as the source of
drinking water for local communities and the important spawning habitat
it provides for several fish species, including salmon and steelhead.
Within an hour's drive of the metropolitan areas of Portland and Salem,
Oregon, the Molalla watershed provides significant recreational
opportunities for fishing, canoeing, mountain biking, horseback riding,
hiking, hunting, camping, and swimming. A 20-mile hiking, mountain
biking, and equestrian trail system draws over 65,000 visitors
annually.
s. 1369
S. 1369 proposes to designate 15.1 miles of the Molalla River and
6.2 miles of the Table Rock Fork of the Molalla as components of the
National Wild and Scenic Rivers System. In earlier planning analyses,
the BLM evaluated the Molalla River and the Table Rock Fork of the
Molalla River and determined that most of these two rivers should be
considered for designation as wild and scenic rivers. As a result, the
designation called for in S. 1369 would be largely consistent with
management currently in place, and would cause few changes to BLM's
current administration of most of this area. The 5,500-acre Table Rock
Wilderness, designated by Congress in 1984, is embraced by the Molalla
and Table Rock Fork, and designation of these river segments would
reinforce the protections in place for the wilderness area.
Wild and scenic rivers are designated by Congress in one of three
categories: wild, scenic, or recreational. Differing management
proscriptions apply for each of these designations. S. 1369 specifies
that these river segments be classified as recreational. This
classification is consistent with the strong recreational values of
this area, as well as the presence of roads along the course of the
river segments and numerous dispersed campsites along its shorelines.
conclusion
Thank you for the opportunity to testify in support of these
important Oregon designations. The Department of the Interior looks
forward to welcoming these units into the BLM's National Landscape
Conservation System.
s. 1405
Mr. Chairman, thank you for the opportunity to provide the
Department of the Interior's views on S. 1405 to redesignate the
Longfellow National Historic Site in Massachusetts as the Longfellow
House-Washington Headquarters National Historic Site.
The Department supports enactment of this legislation.
On June 16, 1775, George Washington accepted the appointment of the
Continental Congress as commander of the yet-to-be-formed Continental
Army. He immediately journeyed north to take command of New England
militia troops on July 3, 1775, and conduct a siege of British-held
Boston, Massachusetts. A house, abandoned by Loyalist John Vassall, on
Brattle Street in Cambridge became his headquarters for nine months
during the conflict. Vassall had been forced to flee the house shortly
after the Battles of Lexington and Concord. Washington's wife Martha,
along with other family members and servants from Virginia, joined him
there for four of those months.
From a ground floor office in the house, Washington struggled with
the numerous problems of his new command. Among these were defending
the region against the well-trained British troops occupying Boston,
bringing discipline to the untrained militia, and supplying his army
with arms and the accoutrements of war. It was here, too, that he gave
command to Benedict Arnold of a small force to attack Quebec over the
mountains of Maine and confronted Dr. Benjamin Church, a patriot
leader, with evidence that he was a British spy. From Cambridge,
Washington provided for the development of a network of spies in Boston
to report on British plans and movements. He also approved the arming
and use of vessels to confront British supply ships.
The siege proved to be successful and the British withdrew from
Boston without the destruction of lives and property that a major
battle would have caused. For his efforts, Washington received a medal
from Congress and an honorary degree from Harvard.
Henry Wadsworth Longfellow and his wife Fanny received the house on
Brattle Street as a wedding gift from his wife's father in 1843. Both
expressed pride in owning the house that had been Washington's
headquarters. Fanny Longfellow wrote:
. . .we are full of plans and projects with no desire,
however, to change a feature of the old countenance which
Washington has rendered sacred.
Longfellow relished conducting tours of the house when tourists
would inquire about the period when it was Washington's headquarters.
The Longfellows also collected Washington memorabilia, which are
prominent among the furnishings they left and which are preserved today
at the national historic site.
Public Law 92-475, which authorized the establishment of the
national historic site in 1972, recognized the role that the house
played as the headquarters of General George Washington during the
siege of Boston between 1775 and 1776. Redesignation of the national
historic site will better enable visitors to identify the importance of
the full history of the resource and appreciate Longfellow's veneration
of George Washington.
The appropriateness of redesignating the name of the national
historic site was perhaps best expressed by Henry Wadsworth Longfellow,
himself, from the same ground floor office used by Washington. In 1845,
in his poem entitled ``To a Child'', he wrote this passage:
Once, ah, once, within these walls, One whom memory oft
recalls, The Father of his Country, dwelt. And yonder meadows
broad and damp The fires of the besieging camp Encircled with a
burning belt. Up and down these echoing stairs, Heavy with the
weight of cares, Sounded his majestic tread; Yes, within this
very room Sat he in those hours of gloom, Weary both in heart
and head.
Mr. Chairman, that concludes my testimony. I would be pleased to
answer any questions you or members of the committee may have regarding
the proposed redesignation.
s. 1413
Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
1413, a bill to include the Quincy Homestead in Quincy, Massachusetts,
within the boundary of Adams National Historical Park.
The Department opposes S. 1413, consistent with a 1994 National
Park Service Special Resource Study that did not recommend adding this
property to the Adams National Historical Park.
The Quincy Homestead was designated a National Historic Landmark in
2005 based on its architectural significance; its association with four
generations of Edmund Quincys during the 17th and 18th centuries; its
long association with people of learning and mercantile achievement;
its use as a progressive farm in the 18th century; its path-breaking
early restoration by Joseph Everett Chandler in 1904; and its
association with the Society of Colonial Dames of America. The
Homestead is also known as the ``Dorothy Quincy House.'' Dorothy
Quincy, a daughter of Edmund Quincy IV, the last Quincy to occupy the
Homestead, grew up in the dwelling and married John Hancock. The
Homestead is owned by the Commonwealth of Massachusetts and operated
through agreement by the Society of Colonial Dames of America as a
house museum.
The Quincy families were among the significant families of
Massachusetts during their tenures of ownership of the property. All
four generations associated with the site and the house played
important roles in local and colonial military and political
activities. Edmund I (1602-1635), who immigrated to Boston from
England, was a Boston representative in the General Court of the
Province. Edmund II (1628-1696) was the first major and lieutenant
colonel in Braintree, Massachusetts, and representative to the
Massachusetts General Assembly. Edmund III (1681-1738) was Judge of the
Superior Court of Judicature and a member of the Board of Overseers of
Harvard University. Edmund IV (1703-1788) was successful in partnership
with others in mercantile trade.
The Homestead, during the period of occupancy by the Quincy
families, went through a series of phases of construction, with the
first being undertaken by Edmund Quincy II in 1686. Additions and
alterations proceeded in the period 1706-1708 and again in 1737 by
Edmund Quincy III. Circa 1750, Edmund Quincy IV carried out extensive
remodeling of the interior of the structure. The property was sold by
the family in 1763.
In 1994, pursuant to Public Law 101-512, the National Park Service
completed a Special Resource Study of a number of historic resources in
Quincy, Massachusetts. The Quincy Homestead was among the resources
analyzed during the course of the study. The study did not recommend
that any resources investigated become units of the National Park
System or that the Quincy Homestead be added to the Adams National
Historical Park. No information has come to the Department's attention
that would alter the conclusions of the Special Resource Study.
The purpose of Adams National Historical Park is to preserve and
protect the grounds, homes and personal property of four generations of
the Adams family and to use these resources to interpret the history
they represent and to educate and inspire current and future
generations. We do not believe that the Quincy Homestead is related to
the purposes for which the park was established, nor does it appear to
have any direct relationship with the Adams family, other than the fact
that John Adams was once a suitor to Dorothy Quincy and a visitor to
the Homestead. While Abigail Adams had Quincy family ancestry on her
mother's side, she never lived at the Homestead. There does not appear
to be any direct connection between John, Abigail, John Quincy, or
Louisa Adams and the Homestead that would categorize the structure as a
closely related resource to those now within the boundary of the park.
Since the Homestead is currently owned by the Commonwealth of
Massachusetts and operated as a house museum by the Society of Colonial
Dames of America, we do not see a need for management of the resource
by the National Park Service.
Although there is support at the county and local levels for
inclusion of the Quincy Homestead into the National Park System as part
of Adams National Historical Park, we cannot support the action without
a finding that the resource meets congressionally required criteria for
designation. Mr. Chairman, this concludes my testimony. I am prepared
to answer any questions from members of the Committee.
s. 1767 and h.r. 1121
Mr. Chairman, thank you for the opportunity to present the views of
the Department of the Interior on S. 1767 and H.R. 1121, bills to
authorize a land exchange to acquire lands for the Blue Ridge Parkway
from the Town of Blowing Rock, North Carolina, and for other purposes.
The Department supports this legislation. S. 1767 and H.R. 1121,
which are identical in substance, would authorize the Secretary of the
Interior to exchange approximately 20 acres of land at the Moses H.
Cone Memorial Park, a popular recreational area located within the
boundary of the Blue Ridge Parkway, for approximately 192 acres of land
owned by the Town of Blowing Rock (Town). This proposed exchange would
be mutually beneficial to the National Park Service (NPS) and the Town.
In 1949, the Moses Cone Hospital Trust deeded the 3,500-acre Moses
H. Cone Memorial Park to the Blue Ridge Parkway. This property had been
held in trust by the hospital from 1911 until 1949 under a deed from
Bertha Cone, the property's owner. During that period, Mrs. Cone gave
permission to the Town of Blowing Rock to install a pipeline from the
Town to a creek on the property. In 1955, the NPS issued a permit to
the Town allowing them to dam the creek to form a reservoir, which
continues to be used by the Town as its primary source of drinking
water.
The Town and NPS officials at the Blue Ridge Parkway have long been
in agreement that it would be better for the Town to own and manage
their municipal water supply, rather than accessing it through the NPS
permitting process. Several years ago, NPS and the Town sought to
initiate an administrative land exchange. In November 2003, the Town
purchased a 192-acre tract of land adjacent to the Cone Memorial Park
in anticipation of exchanging this land for approximately 20 acres of
land within the Cone Memorial Park that would include the reservoir and
a small amount of land that the Town could flood in order to increase
the size of the reservoir. The proposed exchange would give the Town an
unencumbered water supply and the potential for some expansion of
capacity, while the NPS would receive a 192-acre buffer tract that
would provide recreational opportunities and preservation and
protection of resources at the Blue Ridge Parkway.
We believe that this exchange, which has been underway for several
years, would be facilitated and hastened through passage of S. 1767 or
H.R. 1121, authorizing bills that establish clear expectations for both
the Town and the NPS regarding the exchange process.
When the House Resources Committee considered H.R. 1121 on July 9,
2009, the committee adopted amendments recommended by the Department to
allow the acreage amounts in the bill to be adjusted to equalize land
values and to provide a three-year time frame for the exchange. H.R.
1121, as amended, passed the House on July 27, 2009. The changes made
to the H.R. 1121 are reflected in S. 1767.
Mr. Chairman, this concludes my statement. I would be happy to
answer any questions that you may have.
h.r. 2802
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department of the
Interior's views on H.R. 2802, a bill to provide for an extension of
the legislative authority of the Adams Memorial Foundation to establish
a commemorative work in honor of former President John Adams and his
legacy.
The Department supports H.R. 2802 as passed by the House.
H.R. 2802 would amend Public Law 107-62 to extend to December 2,
2013 the authorization for establishing a memorial in the District of
Columbia or its environs to honor President John Adams and his legacy.
In addition to providing an extension of authority, H.R. 2802 also
contains technical amendments to the original authorizing legislation,
Public Law 107-62, enacted in 2001, which contains outdated references
to the Commemorative Works Act (CWA). The references currently cited in
Public Law 107-315 refer to the CWA as codified under 40 U.S.C. 1001 et
seq. The CWA, however, was recodified under 40 U.S.C. 8901 et seq. on
August 21, 2002 (Public Law 107-217). The proposed amendments in H.R.
2802 would update and correct the references to the CWA.
The authority to establish the John Adams memorial was originally
approved by Congress on November 5, 2001. The Adams Memorial Foundation
(Foundation) requested that the subject of the commemoration be
determined to be of preeminent and lasting significance to the Nation
so that the proposed memorial might be placed in Area I, a request that
was considered favorably by the National Capital Memorial Advisory
Commission in 2002 and recommended to Congress. P.L. 107-315, enacted
on December 2, 2002, granted the Foundation that additional authority
to seek a site for their memorial within Area I. Authorizations under
the CWA have a seven-year sunset period which extends from the date on
which the Area I authority was granted to allow for time to obtain a
building permit and begin construction of a memorial. As the Foundation
has not yet been able to select a site, design the memorial, receive
the requisite approvals, or raise sufficient funds for the construction
of the memorial, a permit could not be granted. Therefore, the
authority to establish the memorial would expire on December 2, 2009.
However, Section 130 of the Conference Report to Accompany H.R. 2996--
the Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2010, extends the authority until September 30,
2010. H.R. 2802 would extend to December 2, 2013, the authority to
establish a commemorative work to honor former President John Adams,
his wife Abigail Adams, and former President John Quincy Adams and
their legacy of public service.
With an additional four years of legislative authority, the
Foundation should be in a viable position to achieve site and design
approvals as well as to raise the minimum 75 percent of the funds
sufficient to build the memorial. Should they meet these thresholds,
the Secretary of the Interior may exercise his authority under the CWA
to grant an additional three-year administrative extension to allow the
Foundation to finalize construction documents and raise the balance of
necessary funding.
Mr. Chairman, thank you for the opportunity to comment. This
concludes my prepared remarks and I will be happy to answer any
questions you or other committee members may have.
h.r. 3113
Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to provide the Administration's views on H.R. 3113.
This bill amends section 5(a) of the Wild and Scenic Rivers Act,
Public Law 90-542 (16 U.S.C. 1271--1287) to designate a segment of Elk
River in Pocahontas County, West Virginia, for study as a potential
addition to the National Wild and Scenic Rivers System. The segment
that would be authorized for study lies entirely within the Monongahela
National Forest, and is an approximate five-mile segment of the Elk
River from the confluence of the Old Field Fork and the Big Spring Fork
in Pocahontas County to the Pocahontas and Randolph County line.
The bill provides that the study determine if the river is
qualified for designation and, if so determined, evaluate the potential
benefits and consequences of its designation, including an assessment
of whether its addition to the National Wild and Scenic Rivers System
is the best method to protect river values.
This section of the Elk River flows through a small canyon with a
parallel, non-operational railroad the only sign of human activity. The
overall appearance of the river corridor from the stream is one of
hardwood forests and large boulders with occasional views of the
railroad. The river is dominated by many pools, separated by stretches
of riffles. The stream is popular with anglers and supports populations
of wild brown and rainbow trout; populations of native brook trout
occur in the tributaries within one-quarter mile of the main channel.
Karst limestone outcrops along the river bed create the conditions that
cause the river to ``sink'', or go underground, during low flows.
Of the land contained within a quarter mile of each side of the
river segment, two-thirds is in federal ownership all under the
jurisdiction of the U.S. Forest Service, an agency of the Department of
Agriculture, with the remaining acreage in private ownership for a
total of approximately 1500 acres. The bill provides that the study
address both Federal and non-Federal lands.
The Administration supports this legislation as it provides an
opportunity to work with interested parties including state and local
governments and landowners to identify river values and thoughtfully
evaluate whether and, if desirable, how these values should be
protected.
This concludes my prepared statement and I would be pleased to
answer any questions you may have.
h.r. 1287
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department of the
Interior's views on H.R. 1287, a bill to authorize the Secretary of the
Interior to enter into a partnership with the Porter County Convention,
Recreation and Visitor Commission regarding the use of the Dorothy
Buell Memorial Visitor Center as a visitor center for the Indiana Dunes
National Lakeshore, and for other purposes.
The Department supports H.R. 1287 as passed by the House with
technical amendments.
Indiana Dunes National Lakeshore was established as a unit of the
National Park System in 1966. It lies on the southern tip of Lake
Michigan and covers some 15,000 acres with 15 miles of shoreline. In
1998, the national lakeshore and the Porter County Convention,
Recreation and Visitor Commission (PCCRVC) began to explore the concept
of a joint visitor center to be shared by the PCCRVC, the national
lakeshore, and the Indiana Dunes State Park. At that time, both the
national lakeshore and the PCCRVC suffered from low visitation at their
respective visitor centers due to their poor locations away from the
primary thoroughfares. Because of their location, size, and layout, the
national lakeshore's 1997 General Management Plan recommended
relocating the visitor center to the more heavily traveled IN 49
corridor.
A partnership to acquire land for a new site was initiated. A more
prominent location outside the national lakeshore but within the
primary travel corridor to the dunes was selected. Using a series of
Transportation Enhancement grants, the PCCRVC purchased the land, which
is located approximately three quarters of a mile south of the national
lakeshore boundary on IN 49, the principal north/south artery into the
national lakeshore and secured a contract for construction. The new
Dorothy Buell Memorial Visitor Center was completed in October 2006.
The NPS currently has an interim lease of the space in the new
visitor facility and is in the process of securing a General Service
Administration lease agreement for offices, storage, exhibits,
bookstore, and a theatre. The payments for this lease come from funds
in the park's authorized annual operating budget.
H.R. 1287 would authorize the Secretary of the Interior to enter
into an agreement with the PCCRVC that would outline the terms of the
partnership, including cooperative management of the new visitor
facility and sharing of operational activities. The two parties will
jointly plan and staff the new visitor center and offer ``one-stop
shopping,'' with exhibits and theater space to educate visitors about
the resources found in the park, aspects of threatened and endangered
species management, habitat preservation, and wetlands restoration.
H.R. 1287 would also authorize $1,500,000 to plan, design,
construct, and install exhibits to be placed in the new facility for
visitor information and education. The space leased by the National
Park Service (NPS) includes room for exhibits, offices, a theatre, and
a bookstore. All funds are subject to NPS priorities and the
availability of appropriations.
H.R. 1287 also would amend Section 19 of Public Law 89-761 to
authorize the Secretary of the Interior to accept donated lands that
are considered contiguous to Indiana Dunes National Lakeshore but
physically separated from the boundary by a public or private right-of-
way, such as a road, railroad, or utility corridors.
The park is segmented with numerous isolated parcels. The northern
portion of Indiana is crisscrossed with numerous interstate highways,
oil and gas pipeline corridors, and electrical lines. A number of these
rights of way exist within the national lakeshore. Several landowners
have offered to donate land adjacent to the park (separated by utility,
roadways, and rail corridors), but the park's ability to accept such
lands is ambiguous. It is unclear whether the NPS can accept these
lands under the minor boundary revision authority of the Land and Water
Conservation Fund Act of 1965. The bill would clarify this terminology
as it relates to the Indiana Dunes National Lakeshore and allow the
park to accept donated lands to further the purposes of the park unit
when they adjoin the park's boundary.
Mr. Chairman, thank you for the opportunity to comment. We look
forward to working with the Committee to provide technical amendments
to the bill. This concludes my prepared remarks and I will be happy to
answer any questions you or other committee members might have.
Senator Udall. Thank you, Ms. Stevenson. Thank you for your
very succinct remarks. I know Senator Burr and I both
appreciate the additional testimony you've provided to us, and
we will pore over it as we move forward.
I'm going to recognize myself for 5 minutes and then turn
to Senator Burr for questions he might have.
You've testified that the Department of Interior opposes S.
1413, which would add the Quincy Homestead property to Adams
National Historical Park. I'd like to get a better
understanding of your specific concerns.
The Homestead's been designated as a National Historic
Landmark. Presumably that designation means the property is
considered to be nationally significant. Does that mean the
property is also considered nationally significant for park
purposes?
Ms. Stevenson. The answer to that is yes. ``National
significance'' is a universal term and is part of the criteria
for consideration for addition as a unit of the system.
Our concern with the Quincy House is that the
identification of the Adams National Historical Park is focused
on the significance of the Adams family, exclusively, and
doesn't include other members of the community. So, that's what
our objection is.
Senator Udall. Let me follow on. My understanding is that
the 1994 Special Resource Study noted that the Quincy property
possessed an unusual number of historic sites that deserved to
be protected, preserved, and interpreted for the public. Does
the Park Service still agree with that assessment?
Ms. Stevenson. Yes. Quincy is a very important historic
town, and I don't think anybody in the Park Service would
disagree that it's something that should be interpreted.
Senator Udall. So, to return to my first question and the
point you made, you believe that the Quincy homestead doesn't
have a direct tie to the Adams family and, therefore, the Adams
National Historic Park, and that's the----
Ms. Stevenson. It's for Park purposes.
Senator Udall [continuing]. On which you rest your
opposition.
Ms. Stevenson. Yes, sir.
Senator Udall. I wanted to make sure you had a chance to
clarify that, for the record.
Let me move to the Adams Memorial Legislative Authority
that's proposed in H.R. 2802. Your statement indicates the
Parks Service believes that, with an additional 4 years of
authority, that the Foundation would be able to raise the
necessary funds for the memorial. Do you have an estimate of
what the total costs would be for the memorial and what
progress the Foundation has had in raising the funds, to date?
Ms. Stevenson. The Foundation has just been reinvigorated.
Although they haven't chosen a site, as yet, they have let a
contract for site selection. We were waiting for the results of
that, and for their preliminary scoping for the design itself
and for the site, in order to be able to get an estimate of
what the final cost would be.
Senator Udall. Do you know why the Foundation has not been
able to reach any of its legislative milestones? For example,
why there's not a site approval after 7 years since the
memorial was authorized?
Ms. Stevenson. It's my understanding that they got a slow
start, but that recently it's been, as I said, reinvigorated.
I'm sure that the addition of David McCullough will make a huge
difference to them.
Senator Udall. Final question on H.R. 2802. In 2003,
Congress amended the Commemorative Works Act and incorporated a
recommendation made by the Department of Interior. The
amendment authorized the Secretary to extend the 7-year
legislative authority for a memorial for an additional 3 years
if the organization building the memorial had achieved certain
objectives, namely final design approvals in place, and having
raised 75 percent of the necessary funding. In this case, it
appears the Foundation has not met either standard and the
Department's now supporting an authorization timeline of 11
years. Is this an acknowledgment that the requirements in the
Commemorative Works Act are still unworkable?
Ms. Stevenson. No, sir. There's been a variation, in the
amount of time necessary for people to raise the money and to
be able to construct the memorial. The smaller the memorial--
for example, the memorial to the victims of communism was able
to be done within the 7-year period. We've had other examples--
the Martin Luther King Memorial, for example--that haven't been
able to get enough momentum during the first period. We believe
that the 7-year period is a very reasonable period, and there
will be exceptions to that period, and we thought we'll deal
with them on a one-by-one basis.
Senator Udall. OK. I appreciate clarification of the
Department's point of view, and I will continue to consider
whether this is, on a case-by-case basis, the way we should
proceed, or whether that 7-year timeline does, in fact, make
sense. Thank you for your testimony. Thank you, for answering
my questions.
Senator Burr.
Senator Burr. Thank you, Mr. Chairman.
Welcome, Ms. Stevenson.
Three very specific questions. First one deals with the
Adams National Historic Park addition. I understand what the
evaluation has been by the Park Service, that the addition
would be inconsistent with the original intent of the Park
Service preservation of the Adams property.
Let me ask you a bigger question, if I could. I don't
believe this is the last expansion of a park request that
Senator Udall and I will see. Do you believe it's time for the
Park Service to focus their efforts on reducing the overall
maintenance backlog before we look at the expansion of sites
and, quite simply, the addition of shifting something from the
maintenance obligations of the State, in this case, over to the
Federal Government?
Ms. Stevenson. There's no doubt that the maintenance
backlog is a very important aspect and that we have to spend
time and effort on it. However, there are aspects of American
history and aspects of natural history in America that need to
be preserved at the same time that we're making sure that we
preserve the property we already have. To ignore that would be
a big mistake, because we could lose substantial portions of
things that the American public could never regain. So, it's a
very difficult balance, one that we work with the Congress on,
on a continuing basis. But, it would be ill-advised not to at
least consider additions to the system.
Senator Burr. I appreciate your answer. The reason that I
asked you a question like that was to, for the record, prove
that there's been a great deal of thought and process that's
gone into the decision as to whether this should be included.
In this particular case, it wasn't driven by anything other
than the assessment that this really didn't fit. That's
important.
On the legislative authority, the bill's 7 years; the Park
Service is comfortable with 4 years. Again, a little bit bigger
question. If we extended this by 4 years, and we came back to
the table, 4 years from now, asking for another extension
because what was reinvigorated was no longer reinvigorated, and
we were--at what point do we cut this off?
Ms. Stevenson. I think we----
Senator Burr. I dare say, this is not the first one of
these we've done, either.
Ms. Stevenson. No. Some have expired, and we've had to say
goodbye. But, I think we have great hopes that this will not be
one of those and that, with the leadership of the Foundation,
that it will get off the ground. If we have to come back for an
extension--and I'm not saying that that's impossible--that
we'll see great advancement in the planning and in the
fundraising so that we can say, with even more surety, that
this memorial will be built.
Senator Burr. I'm certainly not opposed to the 4-year
extension, and I hope you will convey to those reinvigorated
folks that the Park Service will watch for the progress, and
measure that progress, between now and the end of this period.
As it relates to H.R. 1287, the Indian Dunes National
Lakeshore Visitor Center, I'm sure this is probably a--one, a
beneficial partnership for us to join into. I'm sure that the
$1.5 million for design, construction, and to install the
exhibits for the visitor center is an appropriate amount. Let
me focus, if I can, on the $70,000 per year needed to rent the
space. No. 1, can you assure us that that is an appropriate
rental amount for the amount of space that we're going to take
from the visitor center? No. 2, can you assure us that that
$70,000 obligation is going to come from the annual operating
budget designated for that region, versus new appropriations?
Ms. Stevenson. I have been assured by the superintendent
that the payment of the $70,000 will come from the operating
budget of the park unless GSA--General Services
Administration--steps in to take over the lease. The people who
negotiate lease prices in the Park Service are very experienced
in negotiating these, and I hesitate to say ``cutthroat,'' but
I would say that they are aggressive in protecting the
taxpayers' dollar.
Senator Burr. Let me ask for a little further detail, if I
can. If you don't know this, would you supply it to the
subcommittee? The square footage of the overall visitor center.
Ms. Stevenson. I'm sorry, I don't know that.
Senator Burr. Then, of that overall square footage, how
much square footage would be devoted to the Park Service, for
the purposes of Park Service use?
Ms. Stevenson. I don't know that, either. I'll be happy to
provide it.
[The information referred to follows:]
The new Indiana Dunes National Lakeshore visitor center is 12,000
square feet. The National Park Service presently has an approved lease
agreement authorized by the General Services Administration to occupy
half of the square foot facility, or 6,000 square feet for exhibits,
offices, a bookstore, and a theater.
Senator Burr. I appreciate it.
I thank the chair.
Senator Udall. I thank the ranking member.
Ms. Stevenson, if you don't have any other comments, I'm
going to adjourn the hearing. I want to thank you for your
testimony.
There may be additional questions submitted for the record.
If so, we will forward them on to you.
The hearing record will remain open for 2 weeks, for any
additional comments.
The hearing is adjourned.
[Whereupon, at 2:58 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Statement of Michael Moody, President, Molalla River Alliance, on S.
1369
The Molalla River is an Oregon natural treasure. It is vital to
local communities in Oregon's Willamette Valley. Among other
attributes, the Molalla River is the primary drinking water source for
the 20,000 citizens of the cities of Molalla and Canby.
However, for far too many years the Molalla River corridor has been
wracked with destructive and inappropriate human behavior including
Extensive dumping
Littering
Vandalism
Violence
Drug use and underage drinking parties
Illegal camping
Human waste
Degradation of the health of the fishery
the molalla river alliance
These unacceptable activities prompted creation of an unprecedented
and broad-based local collaboration. Established in early 2008, the
Molalla River Alliance (``Alliance'') is an all-volunteer coalition of
more than 45 non-profit civic and conservation groups, regional, local,
state and federal agencies, numerous user groups and a rapidly growing
list of individual conservationists and property owners.
Over the past year, the Alliance has evolved into an important
community forum for improving the safety and quality of the Molalla
River Recreation Corridor. The Alliance initiated and leads efforts to
secure Wild and Scenic Rivers legislation. The Alliance also was the
impetus for a much-needed increase in law enforcement in the Corridor,
resulting in a dramatic and sustained decline in lawless and
inappropriate behaviors.
The key goals of the Molalla River Alliance are to preserve water
quality of the river, sustain the wildlife, fish and plants that
inhabit its watershed, while promoting a safe and healthy environment
that encourages diverse enjoyment of the recreation area, including
tourism and family-friendly activities.
The Alliance has taken a leading role in galvanizing numerous
stakeholders, scientists and policy makers whose commitment first is to
the health of the river and its ecosystems, for consequential enjoyment
by all people.
The Alliance has successfully forged a productive partnership of
diverse, divergent, and frequently opposing groups such as wild fish
advocates sitting next to hatchery fish advocates; anti-logging
advocates sitting next to timber growers; hunters sitting next to horse
riders and hikers; and, fly fishermen sitting next to bait fishermen.
This group of non-traditional allies works because all have found a
common bond, which is the shared passion for this storied river.
For these efforts to be successful Alliance members endorse an
``ecosystem-based management'' approach which simply means it places
benefits to the river above those of any single species, activity, or
group, including humans. No goal or priority of the Molalla River
Alliance favors the interests of any single group or individual.
The Alliance is confident its efforts represent a rare opportunity
to safeguard and preserve in perpetuity an ecological, geological and
historical treasure, offering myriad recreational opportunities
conveniently accessible to an area population approaching 2 million
people.
the molalla river
The Molalla River supports bountiful ecosystems and offers year-
round recreational opportunities within an hour's drive of a major
metropolitan area. It provides extensive native fish habitat including
critical cold tributary spawning streams. It is home to wild winter
steelhead and salmon runs, an abundance of wildlife, and geological and
cultural wonders.
From its headwaters beyond the Table Rock Wilderness in the Cascade
Mountain Range, the crystal-clear and biologically diverse Molalla
River originates in coniferous forests and tumbles through private and
public forests and agricultural lands to its confluence with the
Willamette River approximately 53 miles away.
The Molalla River cuts through basalts and lava, forming deep
canyons and beautiful rock out-crops including columnar rosettes and
basalt columns which can be seen on the canyon walls. Carbon dating
fossil leaves has placed the Molalla formation in the upper Miocene
period, or 15 million years ago.
The Molalla River and its watershed support vital fish habitats,
including native winter steelhead and salmon runs, resident rainbow and
cutthroat trout, and a naturalized population of Coho salmon. The upper
river and its major tributaries provide critical spawning and rearing
habitat.
Distinct populations of Molalla River steelhead and salmon are
listed as 'threatened' under the Endangered Species Act.
This area also serves as an important wildlife corridor containing
breeding and rearing habitat for northern spotted owl, pileated
woodpecker, red tree vole, red-legged frog and pacific giant
salamander. It provides habitat for bears, elk, cougars, bobcat, deer,
beaver, otter, hawks, osprey and both golden and bald eagles.
recreational and cultural uses
The Molalla River Recreation Corridor is also of significant
cultural, historic and recreational significance. Formerly the site of
working steam donkeys, railroads and logging camps, today it offers
year-round recreational opportunities.
Annually, thousands of recreationalists visit the Corridor for
hiking, kayaking and white water rafting, touring and mountain biking,
camping, horseback riding, hunting, fishing, swimming, picnicking,
nature watching, or to simply enjoy nature. There are more than 30
miles of non-motorized trails.
Historically, an extensive system of trails existed along the
Molalla River. These trails were principal trade routes across the
Cascades between indigenous peoples of the northern Willamette Valley
and Eastern Oregon. The Molalla Indians used one such trail in the
early 1800's which is now called the Table Rock Historic Trail. During
the 1920's this same trail was utilized by Native Americans from the
Warm Springs Reservation to reach traditional berry picking areas near
the Molalla River and Table Rock. Searching for gold and land to
homestead, Euro-Americans began moving into the area during the late
1800's.
The Molalla River is less than 50 miles from downtown Portland,
Oregon's largest city. This proximity likely means more and more people
will visit as the population of the metropolitan area grows. In 2008
the Corridor saw a 33% increase in use compared to the previous year--a
record number of visitors.
The Molalla River Alliance, including its members American Rivers,
Oregon Wild, Native Fish Society and Molalla RiverWatch, are working
together to secure Wild and Scenic designation for nearly 22 miles of
the upper Molalla River. Designation would protect a quarter mile
buffer on both sides of the river, and would therefore protect
approximately 7,000 acres of riparian land essential for viable fish
and wildlife habitat. These protections include a segment of the main
Molalla River (15.1 miles) and also the Table Rock Fork (6.2 miles).
The upper river is also benefiting from river restoration efforts
by numerous Molalla River Alliance members that will enhance native
fish migration and overall river health. These current actions provide
an opportunity for decision-makers to ensure that the Molalla River and
its values are protected and managed for the benefit and enjoyment of
the local ecology and communities. Wild and Scenic River Protection
Sustainable management of forest lands and river restoration
efforts are both necessary and essential to achieving a healthy river
and watershed. A vital expedient to safeguarding the Molalla River and
its values is to successfully legislate it a Wild and Scenic River.
This designation will provide the Molalla one of our nation's strongest
conservation tools for rivers.
Rivers listed under the Wild and Scenic Rivers Act are afforded a
specific set of protections, including
Preservation of the river's ``outstandingly remarkable
values'' (ORVs) and its free-flowing character;
Protection of the existing uses of the river;
Ban on dams and any federally licensed water project that
would have a ``direct and adverse'' effect on the river's free-
flowing character, water quality or outstanding values;
Creation of a 1/4-mile protected riparian buffer corridor on
both sides of the river;
Protection of the river's water quality (The Molalla River
is the source of drinking water for the 20,000 citizens of the
cities of Molalla and Canby);
Preservation of the river's unique historic, cultural,
scenic, ecological, and recreational values.
Because the Wild and Scenic Rivers Act confers no federal authority
over private land use or local zoning, there is no practical impact on
private property. Riverside landowners will not be told what to do with
their property or have their land confiscated by the federal
government.
To the point, not a single property owner has voiced opposition to
Wild and Scenic designation for the Molalla River.
The river was studied and found suitable for Wild and Scenic Rivers
designation by the Bureau of Land Management. The Outstandingly
Remarkable Values attributed to the Molalla River are recreation,
scenic and geology. The federal agency's implicit support is an impetus
to ensure designation is achieved.
Even more so, widespread support of the local community through the
broad-based Molalla River Alliance confirms Wild and Scenic protection
is a priority for area stakeholders, policy makers and river users.
Designation by the Senate would mean the river's values will be
protected in perpetuity. Wild and Scenic River protections will benefit
the local community and economy because the designation serves as a
stimulus to visitors and tourists.
benefits of a wild & scenic molalla river to local communities
The City of Molalla's and Clackamas County's interest in the
Molalla River, and in obtaining Wild and Scenic River status, is very
practical. First, it's the source of drinking water for the 20,000
citizens of Molalla and Canby. So it's very much in our community's
interests to ensure that the Molalla River continues to run pure and
clean. The city believes Wild and Scenic River status will help protect
this critical resource from any future degradation.
The second reason Molalla and Clackamas County support Senator
Wyden and Senator Merkley's bill is that Wild and Scenic River status
brings with it a certain cachet that will attract more visitors to
Molalla. City leaders see Molalla becoming a destination point for
tourism. Visitors drawn by the appeal of a Wild and Scenic River may
discover Molalla's numerous other tourist-based activities. Restoring
and enhancing wild salmon and steelhead runs in the river means more
visits to Molalla by anglers and campers, more stops at restaurants and
motels, more business for outfitters and guides.
One of the city's challenges has been to ensure that this
recreation corridor is safe for families to come and play. That has not
always been so, but we have made unprecedented strides in the right
direction.
Until the last year or two, the Molalla River Recreation Corridor
had a reputation that didn't really lend itself to being a family
destination. There was unregulated squatting and camping, underage
alcohol and pot parties, illegal dumping, vandalism, poaching, no
communications, and little if any law enforcement.
In the summer of 2008 that began to change. Prompted by the Molalla
River Alliance, the City of Molalla applied for and was designated a
``Weed and Seed'' site by the U.S. Justice Department, and it began
receiving federal funds to carry out measures aimed at weeding out
crime and seeding the community with projects and activities to
strengthen community connections and opportunities. One of the most
effective outcomes so far has been enhanced and interagency law
enforcement patrols in the Molalla River Recreation Corridor.
These patrols were supplemented by patrols by Clackamas County
Sheriff's office, the Oregon State Police, Oregon Fish and Wildlife
Department, and the Bureau of Land Management. A magnetized door logo
was created to stick on patrol vehicles to give visitors reassurance
that this was a coordinated effort. This also put others on notice that
it wasn't going to be business as usual.
All of this has resulted in a dramatic and, more important, a
sustained reduction in lawless behavior, vandalism and dumping.
Families are now the primary demographic visiting and camping in the
Molalla River Recreation Corridor.
The city is confident that Wild and Scenic River status will help
establish a positive, inviting image for this remarkable stretch of
river and attract even more conservation-minded individuals and
organizations to work with us in protecting this great resource for
future generations.
additional benefits of wild and scenic river designation
Beyond the direct ban on dams and other federally-assisted water
projects that could have a harmful effect on the designated river,
numerous identifiable examples exist of ways in which Wild and Scenic
Rivers designation has effected positive changes for rivers and nearby
communities.
Clearly, designation generates an increase in public awareness and
appreciation of a river. Knowledge and education about the importance
of the health of the river can foster goodwill in the community and be
a positive force for river restoration efforts. Public interest and
support can also bring together stakeholders with diverse interests
that might not otherwise cooperate, for the sake of the river.
Coordination among multiple agencies facilitates the river being
managed in a holistic manner.
For numerous Northwest rivers (including the Deschutes, North Fork
of the John Day, Salmon, Cascade, Big Marsh Creek, Metolius, Skagit and
White Salmon), Wild and Scenic Rivers designation has provided
instrumental leverage and garnered additional resources for protection,
river-related restoration and management of the rivers. In many cases,
Wild and Scenic Rivers designation priorities a particular project in
the eyes of government agencies and other funding organizations.
Because a Wild and Scenic River has been vetted through the
designation process, a river stands out and is elevated among funding
agencies who know their money is more likely to be used effectively.
Increased public awareness can be a powerful and effective force to
obtain funding to better manage, protect and restore a river.
In an era of tight funding, Wild and Scenic Rivers designation
garners attention when agencies are developing resources. Designation
can be instrumental in attracting funding for acquisitions and
conservation easements of key parcels in the river corridor. Parcels
may need to be acquired in the river corridor to ensure their
protection or to provide additional public access, among other reasons.
Wild and Scenic designation provides a point of focus that attracts
interest and naturally lends itself to the formation of partnerships.
Through Wild and Scenic designation local, state and federal agencies,
landowners, recreation users, non-profit organizations and others have
a framework to come together and work to protect, restore and ensure
public access to the river. Designation elevates the public's
perception of the river as an important national resource.
closing
On behalf of the Molalla River Alliance and the community of
Molalla, I urge the Committee to support Wild and Scenic Rivers
designation for the many benefits it will provide to natural and human
communities along the Molalla River.
Thank you.
______
Adams Memorial Foundation, Inc.,
November 5, 2009.
Hon. Jeff Bingaman,
Chairman, Senate Energy and Natural Resources Committee, 304 Dirksen
Senate Office Building, Washington, DC.
Hon. Lisa Murkowski,
Ranking Member, Senate Energy and Natural Resources Committee, 304
Dirksen Senate Office Building, Washington, DC.
Dear Chairman Bingaman and Ranking Member Murkowski: I am writing
on behalf of the Adams Memorial Foundation to express our strong
support for H.R. 2802, the Adams Memorial Reauthorization Act. As you
may know, the Adams Memorial Foundation is a 501(c)(3) non-profit that
was authorized by Congress in Public Law 107-62 to establish a
commemorative work in Washington, DC to honor Presidents John Adams and
John Quincy Adams and the Adams family legacy. The Adams Memorial
Foundation is dedicated to designing and constructing an Adams Memorial
which will be a site to learn about and reflect on our nation's
founding for generations to come.
Since 2001, the Foundation has made significant progress towards
this goal and has, among other activities, (i) established a board of
trustees and supporting committees consisting of notable historians,
business leaders and fine arts professionals; (ii) developed an initial
design concept for the memorial; (iii) researched and conducted a
preliminary review of more than 20 potential site locations; (iv)
engaged a leading provider of commemorative planning and design
services to complete both an alternate site study and environmental
assessment study of potential sites; and (v) coordinated with the U.S.
Congress, National Park Service and other important stakeholders.
However, under the terms of the Commemorative Works Act, the
authority of the Adams Memorial Foundation is scheduled to expire on
December 2, 2009. H.R. 2802 would create a four-year reauthorization of
the Adams Memorial Foundation. This extension would provide the
Foundation with necessary time to engage in formal alternative site
study and environmental assessment of potential sites, hold a design
competition to select a final design for the memorial, fundraise and
begin construction of a historic memorial.
On behalf of the Adams Memorial Foundation, I formally request your
support for H.R. 2802 to extend the Foundation's legislative authority
to establish a well deserved memorial to honor the Adams legacy. Much
of the groundwork has been completed, and now is the time to start
making strides to bring Adams memorial to fruition.
Thank you for your consideration of this important piece of
legislation and the opportunity to express our support for H.R. 2802.
Sincerely,
Benjamin C. Adams,
President.
______
American Rivers,
Washington, DC, November 4, 2009.
Hon. Mark Udall,
Chairman, Subcommittee on National Parks, U.S. Senate, 304 Dirksen
Senate Building, Washington, DC.
Hon. Richard Burr,
Ranking Member, Subcommittee on National Parks, U.S. Senate, 304
Dirksen Senate Building, Washington, DC.
Dear Chairman Udall and Ranking Member Burr: On behalf of American
Rivers' 65,000 members and supporters thank you for holding a hearing
on S. 1369, the Molalla River Wild and Scenic Rivers Act, and on H.R.
3113, the Upper Elk River Wild and Scenic Study Act.
molalla river
American Rivers strongly supports S. 1369, the proposed Wild and
Scenic River designation for 15.1 miles of the Molalla River and 6.2
miles of the Table Rock Fork of the Molalla River. The Molalla River is
an Oregon natural treasure and a true remnant of the historical Oregon
landscape. From its headwaters near the Cascade Mountains, this river
winds its way through cedar, hemlock, old-growth Douglas-fir forests
and basalt rock canyons, then travels through fertile agricultural
lands and the cities of Molalla and Canby before entering the
Willamette River. The Molalla River has a rich history: thousands of
years ago an extensive system of trails existed along the Molalla River
which were principal trade routes across the Cascades between
indigenous peoples of the northern Willamette Valley and Eastern
Oregon.
Today, the Molalla River is a vital resource for many human and
natural communities and is especially worthy of Wild and Scenic
protection. As required by the Wild and Scenic Rivers Act, the Molalla
River is `free-flowing' with no dams or impoundments, and has several
'outstandingly remarkable values' (ORVs), including recreational,
fishery, scenic, cultural, historical, and geological. Wild and Scenic
designation is necessary to both 'protect and enhance' these ORVs for
current and future generations.
Protecting the river's attributes was a major impetus behind the
creation of the local Molalla River Alliance (Alliance), a unique all-
volunteer coalition of more than 45 civic and conservation groups
(including American Rivers), federal, state and local agencies,
numerous user groups. individual conservationists and local property
owners. The Alliance's mission is to preserve water quality and to
sustain the wildlife, fish and plants that inhabit the Molalla River
watershed, while promoting a safe and healthy environment that
encourages diverse enjoyment of the river's recreation corridor,
including tourism and family-friendly activities. The Alliance sees
Wild and Scenic designation as a significant step forward in achieving
these goals and is committed to ensuring such designation is
successful.
One of the most important attributes of the Molalla River is its
role as the primary drinking water source for the cities of Canby and
Molalla. Protecting the water quality of the river for the future is
vital to the health and well-being of 20,000 local residents. This
important water source is at risk from a warming global and regional
climate as rising air temperatures lead to warmer water temperatures,
increased concentrations of pollutants in rivers and waterways, and
less overall water quantity1 2. The cold, clean, and
reliable water supply from the Molalla River therefore has a better
chance of being protected for current and future residents through Wild
and Scenic designation. Designation would safeguard the river's clean
water quality by protecting not only the water, but also a quarter mile
buffer of land on each side of the river. This buffer corridor equates
to 7,000 acres of riparian land which will be managed to 'protect and
enhance' the ORVs of the river, including water quality. Due to
hydrologic pathways and processes that connect the river to its
surrounding lands (such as stream runoff, sub-surface flows,
groundwater storage, vegetation canopy, soils, and nutrient and waste
cycling), the health and condition of the Molalla's riparian lands is
equally as important to drinking water quality as the river itself.\3\
---------------------------------------------------------------------------
\1\ U.S. Global Change Research Program. Global Climate Change
Impacts in the United States. 2009. Thomas R. Karl, Jerry M. Melillo,
and Thomas C. Peterson, (eds.). Cambridge University Press, 2009.
\2\ Hewes, W., and Pitts, K. September 2009. Natural Security: How
Sustainable Water Strategies Prepare Communities for a Changing
Climate. American Rivers. http://www.americanrivers.org/our-work/
global-warming-and-rivers/infrastructure/natural-security.html
\3\ National Research Council. 2008. Hydrologic Effects of a
Changing Forest Landscape.
---------------------------------------------------------------------------
The Molalla River offers numerous year-round recreational
activities for both locals and visitors. Annually, thousands of
recreationalists visit the river corridor for hiking, fishing, rafting,
kayaking, wildlife viewing, swimming, mountain biking, camping,
hunting, picnicking, horseback riding, and even quiet recreation.
Located only 50 miles from Portland, Oregon, this river is poised to
see even more visitors and use in the near future as the Portland
metropolitan area grows. In 2008 the river corridor saw a 33 percent
increase in use compared to the previous year--a record number of
visitors. Wild and Scenic designation would offer the multiple benefits
of managing the river's recreational attributes for long-term
sustainable use, while at the same time attracting more visitors to
enjoy the river's recreation. Designation often puts a river on the
`map', making it a destination for tourists and recreation enthusiasts.
The local community of Molalla will greatly benefit from Wild and
Scenic designation as the river will become even more attractive to
tourists and visitors who will travel through Molalla to access the
river. A recent 2009 economic study by ECONorthwest\4\ found that
recreational related activities and expenditures along the Wild and
Scenic Rogue River in southern Oregon generated $30 million and 445
jobs to the state of Oregon in 2007, demonstrating the economic
benefits of Wild and Scenic status.
---------------------------------------------------------------------------
\4\ ECONorthwest. January 2009. Regional Impacts of Recreation on
the Wild and Scenic Rogue River. http://www.americanrivers.org/assets/
pdfs/RogueEconImpact_FinalReport1485.pdf
---------------------------------------------------------------------------
No less vital and worthy is also the enhanced sense of community
pride that is often associated with increased public awareness and care
for a local river and place. In previous years, the Molalla River has
been subject to illegal and unsafe activities, including unregulated
squatting, illegal dumping, vandalism, and very little law enforcement.
Working with the Alliance in the past year, the City of Molalla and
local police have been able to improve law enforcement in the river
corridor, and the Alliance has created community projects that connect
the community to the river corridor. This has resulted in a dramatic
reduction in lawless behavior, and has made the river corridor more
attractive to families and visitors. The City is confident that Wild
and Scenic River status will help secure a more positive, inviting
image for this remarkable stretch of river.
The Molalla River is also an important resource for native fish and
other aquatic species. It provides critical habitat for several native
fish species, including a stronghold population of native winter
steelhead, a threatened population of spring Chinook salmon, a
naturalized population of Coho salmon, and resident rainbow and
cutthroat trout. The Endangered Species Act (ESA) `threatened' spring
Chinook runs in the Molalla River especially warrant and even demand
imminent action to protect and recover these fish stocks. The Upper
Willamette Draft Recovery Plan\5\ currently being developed by the
Oregon Department of Fish and Wildlife and the National Marine
Fisheries Service focuses on the recovery of spring Chinook in the
Molalla, among other fish populations. Wild and Scenic designation is a
valuable tool that will help strengthen and increase the viability of
spring Chinook by ensuring management actions and land use activities
do not further degrade water quality or riparian habitat, but instead
restore the river and its lands to a natural and healthy condition
which are supportive of healthy fish populations.
---------------------------------------------------------------------------
\5\ Upper Willamette Domain Recovery Plan. Draft 2008. Oregon
Department of Fish and Wildlife and National Marine Fisheries Service.
---------------------------------------------------------------------------
Furthermore, the upper river and its surrounding forested riparian
lands offer important cold-water native fish spawning and rearing
habitat which is becoming more and more valuable in the face of climate
change. Scientific research suggests it is vital to the long term
viability of fish to safeguard critical cold water
habits6 7. For the Molalla, this means an even more urgent
need to protect the river's water quality and stream temperature to
ensure fish populations, especially ESA threatened populations, are
able to survive in a warming climate. Wild and Scenic designation will
ensure the water quality and health of the Molalla River will be
protected in the long-term, enabling fish populations to survive.
---------------------------------------------------------------------------
\6\ Eaton, J.G. and Scheller, R.M. 1996. Effects of Climate Warming
on Fish Thermal Habitat in Streams of the United States. Limnolology
and Oceanography 41(5), 1109-1115.
\7\ Heyn, K. and Bassett, R. June 2009. White Paper on the
Ecological and Recreational Benefits of the Molalla River. American
Rivers and the Native Fish Society. http://www.americanrivers.org/
library/reports-publications/the-ecological-and.html.
---------------------------------------------------------------------------
The river corridor also serves as an important wildlife corridor
containing breeding and rearing habitat for northern spotted owl,
pileated woodpecker, red tree vole, red-legged frog and pacific giant
salamander. It provides habitat for bears, cougars, bobcat, deer, elk,
beaver, otter, hawks, osprey and both golden and bald eagles.
Maintaining an intact, healthy river corridor through Wild and Scenic
designation will secure precious habitat for all these species, and
will also encourage tourists and locals to visit the river corridor for
both its scenery and wildlife.
The many attributes of the Molalla River summarized above clearly
emphasize the need for Wild and Scenic protection. The Wild and Scenic
eligibility and suitability of the river has been recommended by the
Bureau of Land Management (BLM). As part of its planning process, the
BLM found the river eligible and suitable for inclusion as a
`recreational' Wild and Scenic River in the National Wild and Scenic
Rivers System for the ORVs of fishery, recreational, scenic, and
geological.\8\ The local Cascade Resource Area of the Salem District of
the BLM has a close working relationship with the Molalla River
Alliance, and the Alliance is actively involved in contributing to the
planning process for the recreational use of the Molalla River which is
currently underway.
---------------------------------------------------------------------------
\8\ BLM. May 1995. Salem District Resource Management Plan. U.S.
Department of the Interior, Bureau of Land Management. Salem District
Office.
---------------------------------------------------------------------------
upper elk river wild and scenic study act
American Rivers also supports H.R. 3113, the Upper Elk River Wild
and Scenic Study Act. This legislation will authorize a study of the
``Slatyfork'' section of the Upper Elk River, a five mile stretch of
cold headwaters in the heart of West Virginia, important for clean
water and other economic and community benefits. The Upper Elk River is
a unique river, flowing across karst, or limestone bedrock, and forming
unique caves and waterfalls. The coldwater headwaters of the Upper Elk
are home to some of the last naturally reproducing brook, brown, and
rainbow trout fisheries in the east. A study of this section will
identify the ``outstandingly remarkable values'' required for Wild and
Scenic River designation.
West Virginia is home to some of the nation's most remarkable
rivers, however, only the Bluestone River is part of the National Wild
and Scenic River System. Studying the Upper Elk River for potential
Wild and Scenic River designation is the necessary first step towards
protecting this outstanding river for future generations and increasing
West Virginia's protected rivers.
For all of the reasons described above, American Rivers supports
Wild and Scenic designation for the Molalla River and the Table Rock
Fork of the Molalla, and a Wild and Scenic study of the Upper Elk
River. We look forward to working with the committee to advance this
legislation. Thank you for consideration of our testimony.
Sincerely,
Kavita Heyn,
Associate Director of Conservation.
______
Town of Blowing Rock,
Blowing Rock, NC, November 2, 2009.
Hon. Mark Udall,
Chairman, Subcommittee on National Parks, U.S. Senate, Committee on
Energy & Natural Resources, 304 Dirksen Senate Building,
Washington, DC.
RE: S. 1767 Blue Ridge Parkway and Town of Blowing Rock Land Exchange
Act of 2009
Dear Chairman Udall: I am writing to respectfully request your
support of S. 1767--Blue Ridge Parkway and Town of Blowing Rock Land
Exchange Act of 2009 (companion to H.R. 1121) that is under
consideration before the Senate Subcommittee on National Parks.
Since 1938, the Town of Blowing Rock has used an impoundment that
is located on the Moses H. Cone Estate, for a public water supply. In
1949, the Cone Estate, via the Moses H. Cone Memorial Hospital
Trustees, was conveyed to the United States of America.
The Town desires acquisition of the water reservoir to have better
control and management of its water supply. As proposed, the Town would
convey a 192-acre tract of undeveloped land (Thunderhole/China Creek)
that adjoins the Cone Estate and borders the Pisgah National Forest to
the Blue Ridge Parkway in exchange for ownership of the 20-acre water
supply tract. The 192-acre Thunderhole/China Creek tract was identified
by the Parkway as a parcel that would be beneficial for both the
preservation of the natural resources present and for potential
enhancement of the Moses H. Cone Estate. Thus, the proposed land
exchange provides enumerable benefits to both parties.
A complete summary of the history of the potential, land exchange
is attached for your information.
In addition, please find enclosed letters of support for this
legislation from various local and state officials. I would like to
note that H.R. 1121 received co-sponsorship from the entire N.C.
delegation and passed the U.S. House 377 to 0.
Thank you for your consideration. Should you have questions or need
additional information, please feel free to contact me or Town Manager
Scott Hildebran.
Sincerely,
J.B. Lawrence,
Mayor.
Attachment I.--Summary: Town of Blowing Rock Water Reservoir--Land
Exchange
history
In 1938, Mrs. Bertha Cone granted the Town of Blowing Rock, by
right-of-way deed, the permission to divert water from the Moses Cone
Estate. Since that time to the present, the Town has used this
authorization to provide a water supply source to the citizens of
Blowing Rock. The Town has occupied/maintained up to 14.08 acres (8.7
acre water reservoir) of the Cone Estate over the years and constructed
various improvements, including a coffer dam, reservoir and dam on the
property. In 1949, after the death of Mrs. Cone, the Cone Estate via
the Moses H. Cone Memorial Hospital Trustees was conveyed to the United
States of America.
us park service/blue ridge parkway--land exchange
Due to various historical circumstances, Blowing Rock's water
supply reservoir is located on property owned by the Blue Ridge
Parkway. Blowing Rock has for years used their reservoir site with a
``gentlemen's agreement''. In the late 1990's, the Parkway proposed
issuing a Special Use Permit for the site granting a right-of-way for
the reservoir, to be reviewed annually. In addition, the Parkway
advised that federal policy would require a water rights fee for the
value of the water taken off the National Park Service land. This
situation was deemed unacceptable since the Town would, in effect, be
``renting'' its water source one year at a time and paying for water
the Town has previously been granted access. Being located on the Blue
Ridge escarpment, Blowing Rock has few other water source options if
its current major source becomes unavailable. Therefore, the Town has
worked diligently to acquire full ownership of the property because of
the ambiguity concerning access, use, and future status.
Since 1999, the Town and the NPS have discussed how to resolve the
reservoir issue once and for all. Due to the fact the U.S Department of
Interior very rarely sells government land and to avoid annual
permitting and the water rights fee, the most viable option entertained
has been the possibility of a land exchange between the Town and the
NPS. In accordance with federal regulation, the NPS would grant the
Town ownership of or a permanent easement for the public reservoir
including a water right in return for a parcel of property of equal or
greater value.
To this end, the NPS identified an adjacent tract of property, the
192-acre China Creek Property, to make such a transaction a
possibility. The China Creek tract borders two large federal holdings--
the Blue Ridge Parkway and the Pisgah National Forest.
The Blue Ridge Parkway has over the years, formally and informally,
recognized the need to acquire the China Creek tract in order to
properly manage existing Parkway lands. The need became apparent when a
previous owner of the tract claimed a right of access to the subject
property through an existing park holding. A small farm was located on
the less rugged portion of the property approximately 60 years ago.
Also, the narrow peninsula shape of Parkway land in China Creek gorge
makes management difficult. Acquisition of the China Creek tract would
broaden the Parkway's existing Moses Cone Estate tract. More
importantly, ownership of the property would eliminate the threat of
development and/or timbering adjacent to the Parkway and the Forest.
This proposed transaction, which provides the Town with the
opportunity to gain full control and ownership of its water supply,
would also include adequate land for the Town to enlarge the reservoir
to double its current 45,000,000 gallon capacity. The total Parkway
land needed (including expansion) is estimated to be 20.474 acres based
on a survey of the property.
With the assistance of the High Country Council of Governments and
in consultation with the Parkway, the Town sought a grant from the NC
Clean Water Management Trust Fund to assist in the purchase of China
Creek property to effect an exchange. In November 2001, the Town was
awarded a grant from the NC Clean Water Management Trust Fund of
$201,000. Due to the State of North Carolina FY 2002 Budget revenue
shortfall, the grant award was delayed to 2003.
In October of 2003, the Town of Blowing Rock completed the purchase
of the 192-acre tract, at the headwaters of China Creek in Watauga
County in the Catawba River Basin, from the Conservation Trust of NC.
The purchase price for the property was $440,000, with $201,000 coming
from the NCCWMTF grant and the remainder from the Town.
Since this time, the Town and the Blue Ridge Parkway (with the
assistance of our western NC Congressional delegation) has continued to
work toward completion of the land exchange--conducting legal research
and trying to acquire the funding to prepare the environmental
documentation necessary to comply with NEPA requirements. Based on
Parkway estimates, the environmental documentation could cost up to
$100,000.
The Blue Ridge Parkway Foundation has also encouraged and lent its
support to the land exchange finding the exchange beneficial to the
Blue Ridge Parkway while assuring the drinking water supply for Blowing
Rock and guests to the area.
water supply issues/solutions
The Town of Blowing Rock is presently under restrictions from the
NC Department of Environment & Natural Resources, which prohibits the
Town from making ANY extensions to the present water distribution
system. The reason for the extension restriction is an inadequate raw
water supply.
The present plant capacity is 1.0 MGD; the present consumption
during peak season is approximately .650 MGD and the state has set safe
yield at approximately 0.40 MGD.
The Town of Blowing Rock has been working toward a long-term
solution to water shortage due to drought since 1991.
Discussions started with the National Park Service (NPS) concerning
a possible emergency connection to Bass Lake and in 1992 a permanent
line was laid along Bass Lake Drive to facilitate an emergency
withdrawal from Bass Lake. This was outside Cone Park and was set up to
run a temporary line to Bass Lake when needed. This line would have
operated as a siphon.
The Town tried to obtain permission from the NPS to draw from Bass
Lake from 1991 through most of 2000. In 2000, the NC Department of
Environment and Natural Resources (NCDENR) gave the Town parameters for
``safe yield'' which showed that even if the NPS were to eventually
grant permission to withdraw from Bass Lake the safe yield would not be
adequate, therefore the pursuit of permission from NPS to withdraw from
Bass Lake was stopped.
In 1998, there was a serious drought and the Town obtained
permission from Chetola Resorts, Shoppes on the Parkway and NCDENR to
pump water from Chetola Lake to the reservoir on an emergency basis.
The Town used this line in 1998, 2000, 2001, 2002, as well as in the
latest drought--2007 and 2008.
The method of operation for this line was to ``skim'' during any
rain event in order not to draw Chetola Lake down below the spillway.
This worked very well and by closely monitoring the reservoir the Town
was able to keep the reservoir very close to ``full pond''. This was
even true in 2007 when the state experienced the most severe drought
conditions.
Even before efforts to draw from Bass Lake were abandoned, the Town
started to work on obtaining a permit to add a new water intake into
the Middle Fork of the South Fork of the New River. In late 1999, the
Town requested NCDENR to reclassify, if necessary, any part of the
Middle Fork required in order to withdraw water on a pump back system.
Water will be pumped back to the reservoir where it can then be drawn
out, and treated for use by the Town.
Various locations were looked at as possibilities for the location
of an intake and a meeting was held between various sections of NCDENR,
N.C. Wildlife, US Army Corps of Engineers and the Blue Ridge Parkway.
As discussions progressed, it was determined that an ``In Stream Flow
Study'' would be required and the Town hired Fish and Wildlife
Associates, Inc. in January 2001. This study was completed and data was
submitted to NCDENR in 2002.
The proposed location for this new intake is below the confluence
of Payne Branch with Middle Fork, near Boone. This location is over 6
miles downstream of the Town Reservoir. The reason for going downstream
so far is two fold; (1) the stream flow increases as you go downstream
and Blowing Rock needs the flow from Payne Branch; and (2) the intake
must be 5 miles below the Town WWTP discharge.
On July 24, 2003, NCDENR sent the Town a letter outlining a
proposed withdrawal below Payne Branch. The proposed withdrawal rates
are:
January 1 to June 30--2.5 MGD
July 1 to September 30--1.8 MGD
October 1 to December 31--1.0 MGD
The above rates are permitted so long as the 7Q10 of 4CFS (Cubic
Feet per Second) are maintained. The 7Q10 streamflow is the yearly 7-
day average low streamflow with a 10-year return period. In addition,
skimming will be permitted anytime the flow exceeds 35 CFS with no
restriction on withdrawal rate so long as the 35 CFS is maintained.
However, the withdrawal limitations are greatly impacted by
drought. As such, the benefit of a new intake is diminished when it is
needed most. At the same time due to the proximity of the proposed
intake to Boone, NCDENR strongly suggested that the Town install a
parallel line to interconnect with the Boone water system. As such, the
Town began to focus on a Boone-Blowing Rock water system
interconnection and meetings between the two entities began in 2004.
After which, the Town of Boone initiated a thorough review of their
water system and future raw water demands.
In addition, Blowing Rock has had discussions with Caldwell County
concerning possible water and their proposed raw water supply and plant
on the Yadkin River. This project is 10+ years from becoming a reality
and once it is completed would require some 12-15 miles of pipe up US
321 from NC Hwy 268. Due to major elevation changes and the necessary
pumping required, this option was deemed cost prohibitive.
In the course of the 2007-2008 drought, NCDENR experts identified a
Blowing Rock and Boone water interconnection as a priority. Boone has
access to a larger water source and recently signed an agreement with
Appalachian State University to be able to draw on its water system, so
this would create a regional system that all three entities can use
during times of crisis.
After ongoing discussions, in early 2008, the Town of Blowing Rock
and the Town of Boone formally executed an emergency water
interconnection agreement.
A contract was executed in June 2008 with McGill Associates to
design a Boone-Blowing Rock water interconnection project, with an
estimated cost of $4.0 million for the project. Also, the following
funding actions have been approved:
1. Watauga County was awarded a $500,000 grant from the N.C.
Rural Center, with Blowing Rock committed to funding the 100%
grant match as enumerated in a joint Indemnification and Hold
Harmless Agreement.
2. Boone was awarded a $1,000,000 grant from the N.C. Rural
Center, with Blowing Rock committed to funding the 100% grant
match.
3. Blowing Rock was awarded a $300,000 grant from the
Appalachian Regional Commission and is completing all the
necessary requirements.
4. Blowing Rock was awarded a $2,200,000 20-year loan from
the NCDENR-Public Water Supply Section--Loans and Grants and is
completing all the necessary requirements.
5. The Town of Blowing Rock increased water rates by $5.00
per month per customer effective July 1, 2008 to cover expected
debt service requirements of the NCDENR loan.
Plans/specifications have been completed and the project was bid in
late October 2009. The Blowing Rock Town Council will consider bid
award on November 10, 2009. Construction on the interconnection should
begin by January 1, 2010.
Attachment II.--Letters of Support
County of Watauga,
Watauga County Board of Commissioners,
Boone, NC, April 14, 2009.
Hon. Raul M. Grijalva,
Chairman, Subcommittee on National Parks, Forests, and Public Lands,
U.S. House Committee on Natural Resources, 1333 Longworth House
Office Building, Washington, DC.
RE: H.R. 1121 Blue Ridge Parkway and Town of Blowing Rock Land Exchange
Act of 2009
Dear Chairman Grijalva: I am writing to request your support of
H.R. 1121--Blue Ridge Parkway and Town of Blowing Rock Land Exchange
Act of 2009 that is under consideration before the House Subcommittee
on National Parks, Forests, and Public Lands.
Since 1938, the Town of Blowing Rock has used an impoundment that
is located on the Moses H. Cone Estate, for a public water supply. In
1949, the Cone Estate, via the Moses H. Cone Memorial Hospital
Trustees, was conveyed to the United States of America. To have better
control and management of its water supply, the Town is interested in
acquiring this property. The Town owns a 192-acre tract of undeveloped
land (Thunderhole/China Creek) that adjoins the Cone Estate and borders
the Pisgah National Forest. The Town is considering conveying that land
to the Blue Ridge Parkway in exchange for the ownership of the 20-acre
water supply area. Parkway ownership of the 192-acre tract would be
beneficial for both the preservation of the natural resources present
and for potential enhancement of the Moses H. Cone Estate.
The Parkway has no authority to sell, cede, or convey lands under
its management except through as equal value land exchange as long as
the proposed exchange can be shown to be of a ``demonstrable benefit''
to the park.
The Blue Ridge Parkway and the Town of Blowing Rock have had a long
and successful relationship as they both have worked to serve their
constituencies. And, the proposed land exchange will continue that
tradition and provide demonstrable benefits to both entities.
Therefore, on behalf of the citizens of Watauga County, I urge your
support of H.R. 1121.
Thanks for your consideration. Should you have questions or need
additional information, please feel free to give me a call.
Sincerely,
James M. Deal, Jr.,
Chairman.
______
North Carolina General Assembly,
House of Representatives,
Raleigh, NC, April 15, 2009.
Hon. Raul M. Grijalva,
Chairman, Subcommittee on National Parks, Forests, and Public Lands,
U.S. House Committee on Natural Resources, 1333 Longworth House
Office Building, Washington, DC.
Dear Chairman Grijalva: I am writing to request your support of HR
1121 Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of
2009 that is under consideration before the House Subcommittee on
National Parks, Forests, and Public Lands.
As a member of the North Carolina General Assembly and Chairman of
the Water Resources and Infrastructure Committee, I am aware of the
need for dependable sources of water for municipalities. The North
Carolina mountain region has experienced dramatic population growth and
increased tourism. In addition, this area has experienced extreme
drought conditions requiring towns like Blowing Rock to make more
permanent provisions for a reliable water supply.
The land exchange Blowing Rock is proposing with the Blue Ridge
Parkway would be beneficial to both organizations. The town would
convey a 192-acre tract of undeveloped land (Thunderhole/China Creek)
that adjoins the Cone Estate and borders the Pisgah National Forest to
the Blue Ridge Parkway in exchange for ownership of the 20-acre water
supply tract. The Blue Ridge Parkway has already recognized the need to
acquire the China Creek tract as it would eliminate the threat of
development and/or timbering adjacent to the Parkway and the Forest.
Also, this transaction would formally provide Blowing Rock with a
reservoir that it has occupied, maintained and improved since 1938 with
additional land for reservoir expansion.
I hope that you will consider this landxchange that is a winning
compromise for both the Blue Ridge Parkway and the Town of Blowing
Rock. I am available to answer any questions or concerns you may have
about this proposal.
Sincerely,
Cullie M. Tarleton.
______
North Carolina General Assembly,
Senate,
Raleigh, NC, April 21, 2009.
Hon. Raul M. Grijalva,
Chairman, Subcommittee on National Parks, Forests, and Public Lands,
U.S. House Committee on Natural Resources, 1333 Longworth House
Office Building, Washington, DC.
Dear Chairman Grijalva: I write to request your support of HR 1121
Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009,
which is being considered by the House Subcommittee on National Parks,
Forests and Public Lands.
The Town of Blowing Rock, along with other western North Carolina
communities, is experiencing dramatic population growth and has been
recently challenged by severe drought. It is obvious that their water
problems will require a permanent solution which must be found soon.
The land exchange which Blowing Rock proposes with the Blue Ridge
Parkway would benefit both organizations. The Town would convey a 192-
acre tract of undeveloped land, which adjoins the Cone estate and
borders the Pisgah National Forest, to the Blue Ridge Parkway in
exchange for ownership of the 20-acre water supply tract. The Parkway
has already recognized the need to acquire the China Creek tract, to
eliminate the threat of development and/or timbering adjacent to the
Parkway and Forest. This transition would benefit Blowing Rock by
formally providing a reservoir which it has occupied, maintained and
improved since 1938, with additional land for reservoir expansion.
I will personally appreciate your consideration of this land
exchange as a positive step for the future of both the Blue Ridge
Parkway and the Town of Blowing Rock. Please call on me if I may be of
help.
Sincerely,
Steve Goss.
______
Blowing Rock Tourism Development Authority,
Blowing Rock, NC, May 7, 2009.
Hon. Virginia Foxx,
U.S. House of Representatives, 1230 Longworth House Office Building,
Washington, DC.
Dear Representative Foxx: On behalf of the Blowing Rock Tourism
Development Authority, I am writing this letter to thank you for your
introduction and support of H.R. 1121--Blue Ridge Parkway and Town of
Blowing Rock Land Exchange Act of 2009 which authorizes a land exchange
to acquire lands for the Blue Ridge Parkway and permanently secures the
Blowing Rock water supply.
As you know, our need for a long-term water solution has been at a
critical stage for the past decade. The need is also vital to our
tourism-based economy. From hoteliers and restaurants, to fishing
guides and rafting outfitters, as well as our retailers, we all rely on
water.
As the ``Crown of the Blue Ridge'', Blowing Rock has enjoyed a long
and successful relationship with the Blue Ridge Parkway and the
National Parks Service. The people of Blowing Rock and the visitors
that frequent this area, have always had a strong commitment to
conservation and sustainability and through this land exchange, we will
all benefit and continue the successful relationship that we have
enjoyed for so many years.
Thank you again for your support. Please call me anytime should you
have any questions and know that we always look forward to your visits
back home.
Warmest regards,
Kent Tarbutton,
Chairman.
______
Blowing Rock Chamber of Commerce,
Blowing Rock, NC, May 10, 2009.
Hon. Raul M. Grijalva,
Chairman, Subcommittee on National Parks, Forests, and Public Lands,
U.S. House Committee on Natural Resources, 1333 Longworth House
Office Building, Washington, DC.
RE: H.R. 1121 Blue Ridge Parkway and Town of Blowing Rock Land Exchange
Act of 2009
Dear Chairman Grijalva: I am writing to respectfully request your
support of H. R. 1121 Blue Ridge Rock Parkway and Town of Blowing Rock
Land Exchange Act of 2009 currently under consideration before the
National Parks, Forests, and Public Lands.
Since 1938, the Town of Blowing Rock has used an impoundment
located its public water supply. In 1949, the Cone Estate via the Moses
H. Cone Memorial Hospital Trustees was conveyed to the United States of
America.
As the Blowing Rock Chamber of Commerce, we recognize the
limitations to future economic development in our town resulting from
our inability to adequately provide water for our current residents,
existing businesses and visitors. Our primary industry, accounting for
95% of our economic base, is tourism. With the drought we have been
experiencing since 2004, our town must make provisions for a reliable
water supply to serve our present and future water needs.
The land exchange being proposed by our town with the Blue Ridge
Parkway would be mutually beneficial to both entities. The Town would
convey 192 acres of undeveloped land that adjoins the Cone Estate and
borders the Blue Ridge Parkway and Pisgah National Forest to the Blue
Ridge Parkway in exchange for ownership of the 20 acre water supply
tract on the Cone Estate. The Blue Ridge Parkway has already recognized
the need to acquire this tract to prevent future development and
potential timbering adjacent to the Parkway and the Forest.
Additionally, this transaction would provide Blowing Rock a reservoir
that it has maintained and improved since 1938 with sufficient land for
reservoir expansion.
I hope you will consider this land exchange as it is a win for both
the Blue Ridge Parkway and the Town of Blowing Rock. Please call on me
if you need any further assistance.
Sincerely,
Charles Hardin,
Executive Director.
______
Blue Ridge Parkway Foundation,
Winston-Salem, NC, January 4, 2005.
Hon. Charles Taylor,
22 South Pack Square, Suite 330, Asheville, NC.
Dear Charles, As the organization charged with the responsibility
for keeping the Parkway's congressional delegation informed of Parkway
matters, I am writing to you to ask your support in helping to secure
funds to satisfy NEPA requirements for a land exchange transaction
between the Town of Blowing Rock and the National Park Service.
Our view and position on this matter is that overcoming this hurdle
will greatly benefit the Blue Ridge Parkway while at the same time
assuring the drinking water supply for this community and its guests.
The NPS regional director has supplied a letter of testimony in
support of this project and has assured the parties concerned that the
acquisition process is in full compliance with National Park Service
authorities and guidelines.
Sincerely,
Dr. Houck M. Medford,
Executive Director.
______
Town of Blowing Rock,
Blowing Rock, NC, November 2, 2009.
Hon. Mark Udall,
Chairman, Subcommittee on National Parks, U.S. Senate, Committee on
Energy & Natural Resources, 304 Dirksen Senate Building,
Washington, DC.
Dear Chairman Udall and Committee Members: Thank you for allowing
me the opportunity to provide a statement to the Subcommittee on
National Parks. On behalf of the Mayor, Town Council and citizens of
Blowing Rock, I respectfully request your support of S. 1767--Blue
Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009 that
is under consideration before this committee.
Since 1938, the Town has continuously used an impoundment that is
located on the Moses H. Cone Estate for a public water supply. Over the
years, the Town has occupied, maintained and constructed various
improvements on over 14 acres of the Cone Estate in providing water for
its citizens and visitors.
In 1949, after the death of Mrs. Cone, the Cone Estate, via the
Moses H. Cone. Memorial Hospital Trustees, was conveyed to the United
States of America.
Due to various historical circumstances, Blowing Rock's water
supply reservoir is located on property now owned by the Blue Ridge
Parkway. Blowing Rock has for years used the reservoir site with an
informal agreement. In the late 1990's, the Parkway proposed issuing a
Special Use Permit for the site granting a right-of-way for the
reservoir to be reviewed annually.. In addition, the Parkway advised
that federal policy would require a water rights fee for the value of
the water taken off the National Park Service land. This situation was
deemed unacceptable since the Town would, in effect, be ``renting'' its
water source one year at a time and paying for water the Town had
previously been granted access. Being located on the Blue Ridge
escarpment and at the crest of three watersheds, Blowing Rock has few
other water source options if its current major source becomes
unavailable. Therefore, the Town has worked diligently to acquire full
ownership of the property because of the ambiguity concerning access,
use, and future status.
Since 1999, the Town and the Parkway have worked jointly to resolve
the reservoir issue. Due to the fact the Parkway has no authority to
sell government land and to avoid annual permitting and a water rights
fee, the most viable option has been the possibility of a land exchange
between the Town and the Parkway. In accordance with federal
regulation, the Parkway would grant the Town ownership of the public
reservoir in return for a parcel of property of equal or greater value.
To this end, the Parkway in the late 1990's identified an adjacent
tract of property, the 192-acre Thunderhole/China Creek Property, to
make such a transaction possible. The tract borders two large federal
holdings--the Blue Ridge Parkway and the Pisgah National Forest.
The Blue Ridge Parkway has over the years, formally and informally,
recognized the need to acquire the Thunderhole/China Creek tract in
order to properly manage existing Parkway lands. The need became
apparent when a previous owner of the tract claimed a right of access
to the subject property through an existing park holding. A small farm
was located on the less rugged portion of the property approximately 60
years ago. Also, the narrow peninsula shape of Parkway land in the
China Creek gorge makes management difficult. Acquisition of the
Thunderhole/China Creek tract would broaden the Parkway's existing
Moses Cone Estate tract. More importantly, ownership of the property
would eliminate the threat of development and/or timbering adjacent to
the Parkway and the Forest.
In November 2001, with the assistance of the High Country Council
of Governments and in consultation with the Parkway, the Town applied
for and was awarded a grant from the State of NC Clean Water Management
Trust Fund to assist in the purchase of the Thunderhole/China Creek
property to execute the proposed land exchange. The grant funds, of
$201,000, were received in 2003.
In October of 2003, the Town of Blowing Rock completed the purchase
of the 192-acre tract from the Conservation Trust of NC. The purchase
price for the property was $440,000, with $201,000 coming from the
grant and the balance from the Town.
Since that time, the Town and the Blue Ridge Parkway (with the
assistance of our western NC Congressional delegation) have continued
to work toward completion of the land exchange.
This proposed transaction, which provides the Town with the
opportunity to gain full control and ownership of its water supply,
would also include adequate land for the Town to enlarge the reservoir
to double its current 45,000,000 gallon capacity. The total Parkway
land needed (including expansion) is 20.474 acres based on a survey of
the property.
In summary, the Town desires acquisition of the water reservoir to
have better control and management of its water supply. The proposed
legislation authorizes the Town to convey a 192-acre tract of
undeveloped land that adjoins the Cone Estate and borders the Pisgah
National Forest, to the Blue Ridge Parkway in exchange for ownership of
the 20-acre water supply tract. The Thunderhole/China Creek tract was
identified by the Parkway as a parcel that would be beneficial for both
the preservation of the natural resources present and for potential
enhancement of the Moses H. Cone Estate. Thus, the proposed land
exchange provides obvious benefits to both the Town of Blowing Rock and
the Blue Ridge Parkway.
I would like to mention that the entire NC Congressional delegation
co-sponsored H.R. 1121 and the legislation passed the U.S. House 377 to
0. The legislation has received the following letters of support--
Blowing Rock Mayor JB Lawrence, Watauga County Board of Commissioners
Chair James Deal, NC State Representative Cullie Tarleton, NC State
Senator Steve Goss, the Blowing Rock Chamber of Commerce and the
Blowing Rock Tourism Development Authority. Also, the Blue Ridge
Parkway Foundation has encouraged and lent its support of the land
exchange finding the exchange beneficial to the Blue Ridge Parkway
while assuring the drinking water supply for Blowing Rock and guests to
the area.
I would like to thank committee member Senator Richard Burr and
Senator Kay Hagan for their sponsorship of this legislation and
respectfully request your support.
Thank you for your time and consideration.
Sincerely,
Scott E. Hildebran,
Town Manager.
______
Pocahontas County Commission,
Marlinton, WV, February 4, 2009.
Hon. Nick J. Rahall,
2307 Rayburn Office Building, Independence Avenue & S. Capitol Street,
S.W., Washington, DC.
Dear Congressman Rahall: The Pocahontas County Commission received
a request from area landowners and other interested parties to support
a request to include federal funding for an eligibility study for a
portion of the Elk Headwaters in Pocahontas County. I write to inform
you of today's unanimous vote by the Pocahontas County Commission in
support of that request and would ask that your office help provide
funding to the appropriate agency to conduct an eligibility study for a
section of the Upper Elk River extending up-river approximately 4 1/2
miles from the Pocahontas County line so that it may be considered for
designation as a Wild and Scenic River under the federal Wild and
Scenic Rivers, Act.
Please find, enclosed, copies of letters of support from numerous
landowners and homeowners associations located on and near the proposed
River Area of study. The Commission has also organized a Pocahontas
County Water Task Force to prepare a county plan for water resources
that will complement the State Water Resource Plan when it is
completed. This request for federal support of a water study on the Elk
River will be a wonderful start toward being proactive in water
resource planning for Pocahontas County.
Thank you for your consideration of this request. Please feel free
to contact our office at 304-799-6063 if you need any additional
information.
Sincerely,
Martin V. Saffer,
President.
______
Pocahontas County Commission,
Marlinton, WV, September 23, 2009.
Hon. Nick J. Rahall,
2307 Rayburn Office Building, Independence Avenue & South Capitol
Street, S.W., Washington, DC.
Dear Congressman Rahall: The Pocahontas County Commission is happy
to learn that H.B. 3113 has just been passed by the House of
Representatives, and we would like to take this opportunity to express
our gratitude for your strong leadership and continued support for
federal funding for an eligibility study of a portion of the upper Elk
River in Pocahontas County for study for potential addition to the
National Wild and Scenic Rivers System.
Pocahontas County must be ever vigilant in preserving its natural
resources which serve as the foundation for much of our economy and
which irreplaceable assets add immeasurably to the quality of life of
all our citizens. We are very fortunate to have you as our Congressman,
helping us in this important task of stewardship.
Sincerely,
Martin V. Saffer,
President.
______
Hammer, Ferretti & Schiavoni,
Martinsburg, WV, February 9, 2009.
Hon. Nick Rahall,
2307 Rayburn House Office Building, Washington, DC.
Dear Representative Rahall, I support a study of the Upper Elk
River so that it may be considered for designation as a Wild and Scenic
River under the federal Wild and Scenic Rivers Act. I bought property
and built a home in Pocahontas County due in large part to the access I
would have to the Elk River. Its pathway through underground limestone
caves in the Slaty Fork area makes it a unique fishery enjoyed by many
travelers and nonresidents. It is supportive of the local economy and
this State's reputation for outdoor recreational opportunities. The
river deserves study and preservation. The river has been featured many
times in national publications and is recognized as the best trout
stream in West Virginia.
Please consider this letter as representative of the many
fishermen, local business owners and a vast majority of Pocahontas
County residents who recognize this wonderful resource in their midst.
Sincerely,
Joseph R. Ferretti,
Esquire.
______
Statement of John C. Sharp, Ph.D., DO, Marlinton, WV, on H.R. 3113
I am a 4th generation native of Pocahontas County. My grandfather
was Calvin Price and my mother is Jane Price Sharp of the Pocahontas
Times. We are all strong believers in and support conservation of the
forests, streams and rivers (waters) in Pocahontas County and the
Monongahela National Forest.
I am in favor of the National Wild and Scenic River status of the
upper section of the Elk River. I do own 20 acres along this section of
the Elk River and am willing to exchange this piece of property to/with
the US Forest Service.
I do not want to hinder or interfere with the designation of the
upper Elk River as a national wild and scenic river.
If I can be of any assistance in this project please let me know.
______
Statement of Thomas A. Shipley, Slatyfork, WV, on H.R. 3113
This letter is to advise the Pocahontas County Commission of my
support for the proposed study of the Upper Elk River for consideration
in the Wild and Scenic Rivers program. Knowledge is power and the
information gleaned from this process will allow our community to make
appropriate decisions based on the strength of scientific fact.
The Upper Elk River and her headwaters have been a source of
sustenance for the Sharp family, pioneer settlers in the area, for
close to two centuries. I am the eighth generation in what is now
Pocahontas County. My forefathers owned much of the land on and around
the proposed area of study.
William Sharp, III built a log house right along the river beside
Laurel Run (comes into the Elk just down from the confluence of Old
Field Fork and Big Spring Fork.) in the early 1800's. Some foundation
stones are still present on the original site. The Sharp family history
is intertwined with that of the Upper Elk. Civil war skirmishes took
the lives of 3 of my great uncles. My great, great grandfather, Silas,
was taken as a prisoner of war right in the log cabin that still stands
behind our country store.
My great grandfather started Sharp's Country Store in 1884. It has
been in continuous operation for over 125 years. The store and farm
grounds (with covered bridge) are a source of pleasure for many
tourists from all over the United States.
History abounds around, near and on the banks of the Elk River. She
is, in a literal sense, very much as she was back in the early
1800's.....one of the last rivers on the East Coast that has three
naturally reproducing species of wild trout.....Brook, Brown and
Rainbow. As Big Spring Fork and Old Field merge, they form an
impressive gateway to the Upper Elk...a gift from God to Pocahontas
County.
My family's holdings, over time, have been reduced to somewhere
around 1800 acres...all in the proximity of the Upper Elk and her
spring-fed rapids. I personally own 360 acres, some directly in the
proposed area of study. I encourage you to support this important
effort.
______
Eight Rivers Safe Development, Inc.,
Cass, WV, February 2, 2009.
This letter is to document Eight Rivers Safe Devleopment, Inc.
support for the proposal to place the Upper Elk River under study for
classification under the Wild and Scenic Rivers Act.
The Upper Elk River is truly a unique resource in West Virginia--
and the United States. The upper reaches of the headwaters streams flow
across karst (limestone)--in fact, the bed of Old Field Fork, Big
Spring Fork and the Upper Elk River is bedrock limestone. This results
in unique hydrology, geology and biology as the headwater streams sink
into the limestone and flow underground in caves and reemerge as large
springs which feed the world class fishery of the Upper Elk which
includes reproducing wild populations of brook, rainbow and brown
trout--the only place in West Virginia where this exists.
The Upper Elk River itself sinks and flows underground for over 5
miles--of which only 2500 ft has been seen in the many caves of the
area. The underground Elk River has been and remains a mystery and
attracts recreational and scientific cavers from all over the United
States and the world.
Eight Rivers Safe Development has participated--on two occasions--
on trips to Washington, DC to lobby for consideration of the Upper Elk
River for study as a Wild and Scenic River. Our presentation to our
Washington representatives included a photo tour of the caves and
springs of the area. The senators and congressmen were duly impressed
with the rare beauty of the underground Elk. Pictures of the caves and
underground streams/waterfalls of the Upper Elk can be viewed at our
website--8riverssafedevelopment.com.
The Elk River deserves and needs to be protected from uninformed
development. Not exclusive to development but rather development that
acknowledges and protects this tremendous resource for future
generations--both as a recreational / scenic resource but also as a
water resource. There is truly nothing like the Upper Elk River
anywhere else in the U.S. We sometimes take it for granted that places
such as this exist elsewhere--they do not.
Sincerely,
George R. Phillips,
President.
______
Statement of Gene Gibson, Slatyfork, WV, on H.R. 3113
I am writing in support of a study of the Upper Elk River for
consideration of including it in the Wild and Scenic Rivers system.
I own 100 acres just South of the Upper Elk River at the confluence
of Old Field Fork and Big Spring Fork. I rely on this river and her
many springs for clean water and appreciate the natural beauty along
her riverbanks.
I believe the study will let us make the proper decisions in
keeping the Elk River healthy for future generations.
______
Statement of Fairley Workman, Slatyfork Farm, Marlinton, WV,
on H.R. 3113
This letter is written to provide my opinion of the PSD; especially
relevant to the proposed sewage treatment plant which I have been
involved with since 2005. Many other people in this county share the
same negative opinion of the PSD.
While I have no hard evidence, in all appearances, the PSD
represents the special interests such as Snowshoe, developers,
realtors, and other people working behind the scenes. For instance, we
are told the sewage plant must be a regional plant, when in fact, this
is only a link to Snowshoe's DEP fine of $2.7 mm which will be reduced
to $0.2 mm if a regional plant is built which will involve 5 miles of
raw sewage being piped over karst limestone (site 5.) or 3 miles
(modified site 7.). Even a regional plant does not have to be a central
pipe line; instead, cluster units would qualify for same.
Obviously, developers and realtors would benefit greatly by the
extended pipe line.
Who represents the folks who live, work, play in the valley and the
other citizens of this county; certainly not the PSD who seems destined
to make a catastrophic decision to pipe raw sewage over unstable karst
limestone. It could take only one major leak to ruin Big Springs Fork
and the ground water used as drinking water for people in the valley.
As you and David Fleming should be acutely aware, the people of
this county spoke with their votes against the past County Commission
presidents mainly due to their support of the sewage treatment plant
locations as specified by the PSD. Unfortunately, their will is being
undermined by the PSD.
Also, I am led to believe that the newest member of the PSD is a
developer and/or realtor; if so, this is certainly a blatant conflict
of interest.
In conclusion, I am not sure that the County Commission has any
power to change this situation, but I just wanted you to know that the
PSD, in present form, is dictatorial and does not represent the common
people of this county.
______
Statement of Amon L. Tracey, President, West Virginia Outdoor Sportsman
Club, on H.R. 3113
I, Amon Tracey, would like to see a study done on the Upper Elk
River to find if it can be considered to become a Wild and Scenic
River.
President of West Virginia Outdoor Sportsman Club with 13,000
registered members.
______
Statement of Ramona Sharp Shipley, Hilton Head Island, SC, on H.R. 3113
I was born near the banks of the Big Spring of Elk where our Sharp
ancestors chose to settle some eight generations ago.
The cool springs popping out of the ground nearby and feeding the
flow of water to the Big Spring of Elk are a spawning place for our
native brown trout and other species.
The Upper Elk River is important to me, my family and our
community.
I own fifteen acres northeast of the confluence of Big Spring Fork
and Old Field Fork.
I fully support a study of the Upper Elk River for consideration in
the Wild and Scenic River system.
______
Statement of Barbara Sharp Smith, The Woodlands, Texas, on H.R. 3113
Please consider this a request that application be made for a study
of the Upper Elk River to qualify it for the federal designation as
``Wild and Scenic.''
My family owns property on Highway 219 including the meadow next to
the bridge nearest Beckwith Lumber Company. It has been in the family
since George Washington surveyed this area.
``Stewardship'' was not an idle word for my father, Paul L. Sharp.
He stressed the need for responsibility, and that included caring for
our land and family. Protecting the headwaters certainly qualifies as
responsible stewardship.
Statement of Tolly Peuleche, Monterville, WV, on H.R. 3113
As a landowner in the upper Elk River watershed, I strongly support
the idea of requesting the Federal Government to initiate a study of
this special river for possible inclusion in the Wild and Scenic River
program. My property includes approximately a mile of river frontage
and 1 would have no trouble with such a study or possible ultimate
designation, especially since there is no comparable WV state program.
The public needs to see as much factual and comprehensive data about
the resources in the river corridor as possible in order to help define
a common vision for the future. The program is well designed, thorough,
impartial, and will take into account opinions of all adjacent
landowners while not limiting any existing uses.
Please request as soon as possible that this unique and wonderful
West Virginia river be studied for possible designation as a Wild and
Scenic River.