[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[House]
[Pages H6356-H6358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     LAKE OCONEE LAND EXCHANGE ACT

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 604) to direct the Secretary of Agriculture to complete 
a land exchange with Georgia Power Company.
  The Clerk read as follows:

                                 S. 604

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lake Oconee Land Exchange 
     Act''.

     SEC. 2. LAKE OCONEE LAND EXCHANGE.

       (a) Definitions.--In this section:
       (1) Description of the boundary.--The term ``description of 
     the boundary'' means the documents entitled ``Description of 
     the Boundary'' dated September 6, 1996, prepared by the 
     Forest Service and on file with the Secretary.
       (2) Exchange agreement.--The term ``exchange agreement'' 
     means the agreement between Georgia Power Company and the 
     Forest Service dated December 26, 1996, as amended on August 
     17, 1998, on file with the Secretary.
       (3) Georgia power company.--The term ``Georgia Power 
     Company'' means Georgia Power Company, a division of the 
     Southern Company, a Georgia corporation, or its successors or 
     assigns.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Land Exchange.--
       (1) In general.--Simultaneously with conveyance by Georgia 
     Power Company to the Secretary of all right, title, and 
     interest in and to the land described in paragraph (2), the 
     Secretary shall--
       (A) convey to Georgia Power Company all right, title, and 
     interest in and to the land described in paragraph (3), 
     except as provided in the exchange agreement; and
       (B) make a value equalization payment of $23,250 to Georgia 
     Power Company.
       (2) Land to be conveyed to the secretary.--The land 
     described in this paragraph is the land within or near the 
     Chattahoochee National Forest and Oconee National Forest in 
     the State of Georgia, comprising approximately 1,175.46 
     acres, described in the exchange agreement and the 
     description of the boundary.
       (3) Land to be conveyed to georgia power company.--The land 
     described in this paragraph is the land in the State of 
     Georgia, comprising approximately 1,275.80 acres, described 
     in the exchange agreement and the description of the 
     boundary.
       (c) Partial Revocation of Withdrawals.--
       (1) In general.--The orders issued by the Federal Energy 
     Regulatory Commission under section 24 of the Federal Power 
     Act (16 U.S.C. 818), authorizing Power Project Numbers 2413 
     and 2354, issued August 6, 1969, and October 1, 1996, 
     respectively, are revoked insofar as the orders affect the 
     land described in subsection (b)(3).
       (2) No annual charge.--No interest conveyed to Georgia 
     Power Company or easement right retained by Georgia Power 
     Company under this section shall be subject to an annual 
     charge for the purpose of compensating the United States for 
     the use of its land for power purposes.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Goodlatte) and the gentleman from Minnesota (Mr. 
Peterson) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today I rise in support of the Lake Oconee Land Exchange 
Act, which would enact a mutually beneficial exchange of land between 
the USDA Forest Service and the Georgia Power Company.
  The exchange would result in consolidation and more efficient 
management of national forests, increased protection of wildlife and 
habitats, and improved recreational access for citizens.
  The Forest Service will exchange Forest Service lands that lie under 
Lake Oconee behind Georgia Power's Wallace Dam on the Oconee River in 
northern Georgia, flood rights on contour strips around the lake, and 
two parcels in neighboring counties, in exchange for lands Georgia 
Power owns within the Chattahoochee and Oconee National Forests.
  The exchange involves approximately 1,200 acres of Forest Service 
land for approximately 1,100 acres of Georgia Power land.
  The exchange will allow the Forest Service to acquire one of two 
remaining non-Federal properties within congressionally designated 
wilderness areas in north Georgia. This tract is in the middle of the 
Rich Mountain Wilderness, and totally surrounded by other National 
Forest lands.
  The vast majority of lands to be transferred by the Forest Service 
lie at the bottom of Lake Oconee and are not actively conveying any 
public benefit. The remainder of the properties being relinquished to 
Georgia Power is currently occupied by Georgia Power facilities in 
Rabun County. These properties are of minimal value to the National 
Forest, and would be more appropriately owned by Georgia Power.
  The Forest Service, as detailed by the Forest Supervisor's Decision 
Memo, has determined that the transfer complies with the National 
Environmental Policy Act of 1969, and is supportive of the bill.
  In addition, 67 percent of the lands of Rabun County are currently 
part of the Chattahoochee National Forest. This concentrated ownership 
poses a considerable strain on the ad valorem tax base of Rabun County. 
Included within the land exchange is the conveyance to Georgia Power 
Company of over 145 acres of property in Rabun County that currently 
houses Georgia Power facilities. The divestment of this property will 
facilitate Rabun County and their problem with their limited tax base.

[[Page H6357]]

  I urge Members' support of this legislation, with the assurance that 
this exchange will allow improved management by both parties, resulting 
in increased environmental protection and enjoyable utilization by all 
citizens.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETERSON of Minnesota. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of S. 604, the Oconee Land 
Exchange Act. The companion bill in the House is H.R. 1135.
  The Oconee Land Exchange Act would require the Secretary of 
Agriculture to complete a land exchange with the Georgia Power Company. 
Provisions of S. 604 allow the National Forest Service to acquire five 
tracts of land in a single transfer, while conveying four tracts of 
land of equal value to the Georgia Power Company.
  This bill eliminates the need to preserve and maintain over 20 miles 
of boundary line and seven property corners, saving the National Forest 
Service $10,160 over a 10-year period.
  This bill requires the Federal Government to pay $23,250 to the 
Georgia Power Company, which is the difference between the appraised 
value of the Forest Service transfer to Georgia Power and the appraised 
value of the 1,175 acres of land being conveyed by Georgia Power 
Company to the Forest Service.
  S. 604 gives full consideration to the opportunity to achieve better 
management of National Forest lands and resources by consolidation of 
split estates. Under this transfer, the Forest Service will be 
acquiring from Georgia Power Company 50.71 acres of land, less flood 
rights.
  Presently, the Forest Service and Georgia Power manage a meandering 
boundary that separates the National Forest from the shoreline of the 
lake owned by Georgia Power Company. The exchange under consideration 
would eliminate 20.3 miles of boundary lines and seven property 
corners. By acquiring this specific tract of land, the Nation's forest 
lands would be extended to the water's edge, instead of following a 
meandering boundary around the flood pool of the lake.
  According to the National Forest Service, this meandering contour 
area has been a management problem since the lake's inception. Federal 
acquisition of these 50.7 acres of land less flood rights will allow 
the Forest Service to manage to the edge of the lake without 
interfering with the rights of Georgia Power.
  Under this exchange, the National Forest Service would acquire a 625 
acre tract wedged between the Oconee National Forest and the Piedmont 
National Wildlife Management Area, and an additional 157-acre property 
would become part of the Oconee National Forest.
  These lands would add approximately 179 acres of wetlands and provide 
recovery habitat for the red cockaded woodpecker, an endangered 
species.
  Furthermore, the Forest Service would acquire from Georgia Power a 
173.4 acre tract within a congressionally designated wilderness area 
located in the middle of Rich Mountain Wilderness, and totally 
surrounded by other National Forest land.
  The Georgia Power Company will acquire 1275.8 acres of land owned by 
the National Forest Service, along with an easement right to flood 
240.84 acres of National Forest in the flood pool of Lake Oconee. This 
conveyance includes a small unmanageable remnant, a 1.6 acre tract, and 
a second tract that adds land lines and boundary corners while serving 
only minimal National Forest purposes.
  This transfer will permit the public lands to be managed in a manner 
that will protect the quality of scientific, scenic, historical, 
ecological, environmental, air and atmospheric, water resources and 
archeological values.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I am pleased to yield such time as he may 
consume to the gentleman from Georgia (Mr. Norwood), the sponsor of the 
legislation.
  Mr. NORWOOD. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, as a Georgian I rise today in support of the Lake Oconee 
Land Exchange Act, which would enact a mutually beneficial exchange of 
the land between the USDA Forest Service and the Georgia Power Company. 
The exchange would result in consolidation and more efficient 
management of National Forests, increased protection of wildlife and 
habitat, and improved recreational access for all our citizens.
  The Forest Service will exchange Forest Service land that lie under 
Lake Oconee, behind Georgia Power's Wallace Dam on the Oconee River in 
northern Georgia, flood rights on contour strips around the lakes, and 
two parcels in neighboring counties, in exchange for lands Georgia 
Power owns within the Chattahoochee and Oconee National Forests.

                                  (1415)

  The exchange involves approximately 1,200 acres of Forest Service 
land for approximately 1,100 acres of Georgia Power land.
  The exchange will allow the Forest Service to acquire one of two 
remaining non-Federal properties within congressionally designated 
wilderness areas in north Georgia. This tract is in the middle of the 
Rich Mountain Wilderness and totally surrounded by other National 
Forest lands.
  The vast majority of lands being given up by the Forest Service lies 
at the bottom of Lake Oconee and are not actively conveying any public 
benefit. The remainder of the properties being relinquished to Georgia 
Power are currently occupied by Georgia Power facilities in Rabun 
County. These properties are of minimal value to the National Forest 
and would be more appropriately owned by Georgia Power.
  In addition, 67 percent of the lands of Rabun County are currently 
part of the Chattahoochee National Forest. This concentrated ownership 
poses a considerable strain on the ad valorem tax base of Rabun County. 
Included within the land exchange is the conveyance to Georgia Power 
Company of over 145 acres of property in Rabun County that currently 
houses Georgia Power facilities. The divestment of this property will 
facilitate Rabun County and their properties with their limited tax 
base.
  As the primary sponsor of the House companion bill, H.R. 1135, I urge 
my colleagues' support for this legislation with the assurance that 
this exchange will allow improved management by both parties, resulting 
in increased environmental protection and actually more enjoyable 
utilizations by the citizens.
  Mr. PETERSON of Minnesota. Mr. Speaker, I reserve the balance of my 
time.
  Mr. GOODLATTE. Mr. Speaker, it is my pleasure to yield such time as 
he may consume to the gentleman from Georgia (Mr. Linder).
  Mr. LINDER. Mr. Speaker, I am an original cosponsor of the House 
version of this bill, and I rise in support of the Lake Oconee Land 
Exchange Act to improve the management of the Chattahoochee and Oconee 
National Forests.
  For some time, there has been an awkward patchwork of land ownership 
between the USDA Forest Service and the Georgia Power Company. The 
current land arrangement includes a meandering boundary around the 
flood pool of Lake Oconee and even a 173.4 acre tract of Georgia Power 
land in the middle of the Rich Mountain Wilderness. These twisting 
boundaries and scattered patches of private and public land make it 
difficult for Forest Service personnel to efficiently carry out their 
management activities.
  This land exchange will allow the Forest Service to consolidate its 
holdings within the Chattahoochee and Oconee National Forests, and will 
simplify the administration of the Forests' borders. This consolidation 
will be achieved through the Forest Service acquiring one of two 
remaining non-Federal properties within congressionally designated 
wilderness areas in North Georgia. Forest boundaries around Lake Oconee 
will be improved by extending National Forest lands to the water's 
edge, instead of following the meandering border of the flood pool of 
the lake.
  These changes will allow the Forest Service to better manage 
prescribed burns in the Oconee National Forest. Presently, the Forest 
Service has to bulldoze trenches along its meandering border with 
Georgia Power to ensure the controlled fires do not spread to

[[Page H6358]]

private lands. Bulldozing trenches requires a commitment of valuable 
personnel and heavy equipment and carries a risk of releasing excessive 
silt into Lake Oconee.
  The increased efficiency of management of National Forests allowed by 
this land exchange will lead to reduced risk to Forest Service 
personnel and improved preservation of habitat and wildlife.
  The Forest Service will gain a habitat for the red-cockaded 
woodpecker and a quality trout stream, and the Georgia Nature 
Conservancy and the Georgia Wildlife Federation have informed me of 
their support for this legislation. I urge my colleagues to join us in 
passing this legislation.
  Mr. PETERSON of Minnesota. Mr. Speaker, I yield back the balance of 
my time.
  Mr. GOODLATTE. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Virginia (Mr. Goodlatte) that the House 
suspend the rules and pass the Senate bill, S. 604.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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