[Congressional Record Volume 145, Number 141 (Monday, October 18, 1999)]
[House]
[Pages H10131-H10134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA AMENDMENTS

  Mr. DOOLITTLE. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 2140) to improve protection and management of the 
Chattahoochee River National Recreation Area in the State of Georgia, 
as amended.
  The Clerk read as follows:

[[Page H10132]]

                               H.R. 2140

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

     SECTION 1. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Chattahoochee River National Recreation Area in the 
     State of Georgia is a nationally significant resource;
       (2) the Chattahoochee River National Recreation Area has 
     been adversely affected by land use changes occurring inside 
     and outside the recreation area;
       (3) the population of the metropolitan Atlanta area 
     continues to expand northward, leaving dwindling 
     opportunities to protect the scenic, recreational, natural, 
     and historical values of the 2,000-foot-wide corridor 
     adjacent to each bank of the Chattahoochee River and its 
     impoundments in the 48-mile segment known as the ``area of 
     national concern'';
       (4) the State of Georgia has enacted the Metropolitan River 
     Protection Act to ensure protection of the corridor located 
     within 2,000 feet of each bank of the Chattahoochee River, or 
     the corridor located within the 100-year floodplain, 
     whichever is larger;
       (5) the corridor located within the 100-year floodplain 
     includes the area of national concern;
       (6) since establishment of the Chattahoochee River National 
     Recreation Area, visitor use of the recreation area has 
     shifted dramatically from waterborne to water-related and 
     land-based activities;
       (7) the State of Georgia and political subdivisions of the 
     State along the Chattahoochee River have indicated 
     willingness to join in a cooperative effort with the United 
     States to link existing units of the recreation area through 
     a series of linear corridors to be established within the 
     area of national concern and elsewhere on the river; and
       (8) if Congress appropriates funds in support of the 
     cooperative effort described in paragraph (7), funding from 
     the State, political subdivisions of the State, private 
     foundations, corporate entities, private individuals, and 
     other sources will be available to fund more than half the 
     estimated cost of the cooperative effort.
       (b) Purposes.--The purposes of this Act are--
       (1) to increase the level of protection of the open spaces 
     within the area of national concern along the Chattahoochee 
     River and to enhance visitor enjoyment of the open spaces by 
     adding land-based linear corridors to link existing units of 
     the recreation area;
       (2) to ensure that the Chattahoochee River National 
     Recreation Area is managed to standardize acquisition, 
     planning, design, construction, and operation of the linear 
     corridors; and
       (3) to authorize the appropriation of Federal funds to 
     cover a portion of the costs of the Federal, State, local, 
     and private cooperative effort to add additional areas to the 
     recreation area so as to establish a series of linear 
     corridors linking existing units of the recreation area and 
     to protect other open spaces of the Chattahoochee River 
     corridor.

     SEC. 2. AMENDMENTS TO CHATTAHOOCHEE RIVER NATIONAL RECREATION 
                   AREA ACT.

       (a) Boundaries.--Section 101 of the Act entitled ``An Act 
     to authorize the establishment of the Chattahoochee River 
     National Recreation Area in the State of Georgia, and for 
     other purposes'', approved August 15, 1978 (16 U.S.C. 460ii), 
     is amended--
       (1) in the third sentence, by inserting after ``numbered 
     CHAT-20,003, and dated September 1984,'' the following: ``and 
     on the maps entitled `Chattahoochee River National Recreation 
     Area Interim Boundary Map #1', `Chattahoochee River National 
     Recreation Area Interim Boundary Map #2', and `Chattahoochee 
     River National Recreation Area Interim Boundary Map #3', and 
     dated August 6, 1998,'';
       (2) by striking the fourth sentence and inserting the 
     following: ``No sooner than 180 days after the date of 
     enactment of this sentence, the Secretary of the Interior 
     (hereinafter referred to as the `Secretary') may modify 
     the boundaries of the recreation area to include other 
     land within the Chattahoochee River corridor by submitting 
     a revised map or other boundary description to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives. The revised map or other 
     boundary description shall be prepared by the Secretary 
     after consultation with affected landowners, the State of 
     Georgia, and affected political subdivisions of the State. 
     The revised boundaries shall take effect 180 days after 
     the date of submission unless, within the 180-day period, 
     Congress enacts a joint resolution disapproving the 
     revised boundaries.''; and
       (3) in the next-to-last sentence, by striking ``may not 
     exceed approximately 6,800 acres.'' and inserting ``may not 
     exceed 10,000 acres.''.
       (b) Acquisition of Property.--Section 102 of the Act 
     entitled ``An Act to authorize the establishment of the 
     Chattahoochee River National Recreation Area in the State of 
     Georgia, and for other purposes'', approved August 15, 1978 
     (16 U.S.C. 460ii-1), is amended--
       (1) in subsection (a), by inserting ``from willing 
     sellers'' after ``purchase''; and
       (2) by striking subsection (f).
       (c) Cooperative Agreements.--Section 103 of the Act 
     entitled ``An Act to authorize the establishment of the 
     Chattahoochee River National Recreation Area in the State of 
     Georgia, and for other purposes'', approved August 15, 1978 
     (16 U.S.C. 460ii-2), is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with the State of Georgia, political 
     subdivisions of the State, and other entities to ensure 
     standardized acquisition, planning, design, construction, and 
     operation of the recreation area.''.
       (d) Funding.--Section 105 of the Act entitled ``An Act to 
     authorize the establishment of the Chattahoochee River 
     National Recreation Area in the State of Georgia, and for 
     other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-
     4), is amended--
       (1) by striking ``Sec. 105. (a)'' and inserting the 
     following:

     ``SEC. 105. FUNDING SOURCES AND GENERAL MANAGEMENT PLAN.

       ``(a) Funding.--
       ``(1) Limitation on use of appropriated funds.--'';
       (2) in subsection (a)--
       (A) by striking ``$79,400,000'' and inserting 
     `$115,000,000'';
       (B) by striking ``this Act'' and inserting ``this title''; 
     and
       (C) by adding at the end the following:
       ``(2) Donations.--The Secretary may accept a donation of 
     funds or land or an interest in land to carry out this title.
       ``(3) Relation to other funding sources.--Funds made 
     available under paragraph (1) are in addition to funding and 
     the donation of land and interests in land by the State of 
     Georgia, local government authorities, private foundations, 
     corporate entities, and individuals for purposes of this 
     title.''; and
       (3) in subsection (c)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (B) by striking ``(c) Within'' and inserting the following:
       ``(c) General Management Plan.--
       ``(1) Initial plan.--Within'';
       (C) in paragraph (1) (as designated by subparagraph (B)), 
     by striking ``transmit to'' and all that follows through 
     ``Representatives'' and inserting ``transmit to the Committee 
     on Resources of the House of Representatives''; and
       (D) by adding at the end the following:
       ``(2) Revised plan.--
       ``(A) In general.--Within 3 years after the date funds are 
     made available, the Secretary shall submit to the committees 
     specified in paragraph (1) a revised general management plan 
     to provide for the protection, enhancement, enjoyment, 
     development, and use of the recreation area.
       ``(B) Public participation.--In preparing the revised plan, 
     the Secretary shall encourage the participation of the State 
     of Georgia and affected political subdivisions of the State, 
     private landowners, interested citizens, public officials, 
     groups, agencies, educational institutions, and other 
     entities.''.
       (e) Technical Corrections.--Title I of the Act entitled 
     ``An Act to authorize the establishment of the Chattahoochee 
     River National Recreation Area in the State of Georgia, and 
     for other purposes'', approved August 15, 1978 (16 U.S.C. 
     460ii et seq.), is amended--
       (1) in sections 102(d) and 103(a), by striking ``of this 
     Act'' and inserting ``of this title'';
       (2) in section 104(b)--
       (A) by striking ``of this Act'' and inserting ``of this 
     title'';
       (B) by striking ``under this Act'' and inserting ``under 
     this title'';
       (C) by striking ``by this Act'' and inserting ``by this 
     title''; and
       (D) by striking ``in this Act'' and inserting ``in this 
     title'';
       (3) in section 104(d)(2), by striking ``under this Act'' 
     and inserting ``under this title'';
       (4) in section 105(c)(1)(A), as redesignated by subsection 
     (d)(3), by striking ``of this Act'' and inserting ``of this 
     title'';
       (5) in section 106(a), by striking ``in this Act'' and 
     inserting ``in this title''; and
       (6) in section 106(d), by striking ``under this Act'' and 
     inserting ``under this title''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Doolittle) and the gentleman from Michigan (Mr. Kildee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Doolittle).
  Mr. DOOLITTLE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 2140, introduced by the 
gentleman from Georgia (Mr. Deal). The gentleman from Georgia (Mr. 
Deal) is to be commended for crafting a bill which amends the 
Chattahoochee River National Recreation Area Act by modifying the 
boundaries of the area and to provide for the lands, waters, and scenic 
resources, and to provide protection for these within the recreation 
area.
  Visitor enjoyment and protection of the river would be enhanced by 
adding land-based links between current units of the national 
recreation area. This bill also assures the recreation area is managed 
by forming cooperative agreements with State, local, and other 
entities.
  The Chattahoochee River National Recreation Area attracts thousands 
of visitors year-round. The recreation area has seen a substantial 
increase in use, becoming one of the most visited national recreation 
areas in the country.
  H.R. 2140 will also enhance the protection for the scenic and 
recreational values of the Chattahoochee River corridor from 
developmental pressures.

[[Page H10133]]

  I urge all my colleagues to support this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
  (Mr. KILDEE asked and was given permission to revise and extend his 
remarks.)
  Mr. KILDEE. Madam Speaker, H.R. 2140 modifies the boundaries of the 
Chattahoochee River National Recreation Area with the intention of 
providing for the inclusion of land within 2,000 feet of each bank of 
the Chattahoochee River on a 48-mile segment in metropolitan Atlanta, 
Georgia.
  At the hearing on H.R. 2140 on July 20, 1999, the National Park 
Service testified in support of the legislation as introduced, with one 
technical change. As amended by the Committee on Resources, one 
substantive change and a number of technical and conforming changes 
have been made to the bill. The one substantive change is the new 
requirement that land could only be acquired on a willing-seller basis.
  As the National Park Service noted in its testimony, there are cases 
of potentially severe and irreparable damage to resources that can only 
be prevented through the use of eminent domain. Given that rapid 
development and urbanization of the area, threats to these resources 
are a real danger.
  The National Park Service also noted that, although eminent domain 
authority at Chattahoochee currently exists, it has never been used, 
and the National Park Service hopes it never will be. By tying the 
National Park Service's hands on acquisitions, we could open up the 
area to developers and speculators who can name their price with no 
recourse.
  However, Madam Speaker, overall, H.R. 2140 is a good bill, and I 
would hate to see the bill hung up on this point. I understand that the 
Senate companion legislation has language on this point that the 
administration supports. Hopefully, this can be resolved so action on 
the measure can be completed and a bill sent to the President that has 
the support of all parties.
  Mr. ISAKSON. Madam Speaker, I rise today in support of this bill, 
H.R. 2140. This legislation would modify the boundaries of the 
Chattahoochee River National Recreation Area to protect and preserve 
the endangered Chattahoochee River and provide additional recreation 
opportunities for the citizens of Georgia and our nation. The river and 
its corridor lands are a vital source of water for the City of Atlanta, 
and more broadly for all of north Georgia. The area hosts diverse 
wildlife, significant natural communities and irreplaceable historic 
resources in the midst of one of America's most vibrant urban areas. It 
also affords a recreational haven for the millions of visitors each 
year to the dozen or so non-contiguous parkland areas that together 
compromise the Chattahoochee Recreation Area.
  Congress established the Chattahoochee River National Recreation Area 
in 1978 to preserve and protect the natural, scenic, recreational, 
historic, and other values of a 48-mile segment of one of our nation's 
great urban rivers. Six years later, in 1984, as development around and 
within the recreation area increased, Congress acted to facilitate 
State and local government efforts to protect the area by declaring the 
2,000-foot-wide corridor adjacent to each bank of the Chattahoochee as 
an area of national concern. Now, due to the rapid pace of commercial 
and residential development in the Chattahoochee River corridor, I 
believe it is absolutely essential that we pass this legislation in 
order to provide additional protection for this important resource. I 
have sought to continue former Speaker Gingrich's efforts to preserve 
the Chattahoochee River by funding the Chattahoochee Greenways Project, 
which will keep land on the banks of the river from further development 
and help clean up the waterway.
  This legislation is essential because over the years there has been a 
shift from largely water-based to land-based use of the park by 
visitors to the area, thereby contributing to a need for a larger land 
base for recreation. H.R. 2140 would expand the recreation area and 
protecting most of the remaining open spaces along the river corridor. 
The goal of the legislation is to create as much of an uninterrupted 
stretch of land as possible along the river banks in order to meet 
increased demand for recreational opportunities by communities along 
the river.
  This legislation also promotes private-public partnerships since 
Congress appropriated $25 million for land acquisition along the 
Chattahoochee last year and this will be matched by private funds. 
Remarkable cooperative efforts are currently underway to protect key 
lands in the corridor of Georgia's Chattahoochee River from Buford Dam 
to the Florida border. Thanks to the tireless efforts and leadership of 
the Trust for Public Land, the State of Georgia, private foundations, 
corporate entities, private individuals, and others have already given 
or pledged tens of millions of dollars to secure properties of public 
significance within the current authorized boundaries of the 
Chattahoochee River National Recreation Area and to preserve the river 
for future generations of Georgians to enjoy.
  I would like to thank Representative Nathan Deal for introducing this 
important legislation and his efforts to protect one of Georgia's most 
indispensable natural resources. I am grateful for past efforts of 
Governor Zell Miller, Lt. Governor Pierre Howard, and for the efforts 
of other members of the Georgia delegation and Congress at large in 
support of this important legislation. I believe Congress must act fast 
to enact this legislation in order to protect the Chattahoochee River 
from any further development and environmental damage.
  Mr. DEAL of Georgia. Madam Speaker, for the consideration on the 
floor today of an issue important to the State of Georgia and myself. 
H.R. 2140 is legislation I introduced earlier this year to improve the 
protection and management of the Chattahoochee River National 
Recreation Area.
  The Chattahoochee River National Recreation Area was established 
August 15, 1978, and boundary adjustments were made in October 1984. 
The recreation area is along a 48-mile stretch of the Chattahoochee 
River within four counties, north and northeast of Atlanta, Georgia. 
The area immediately adjacent to the park is being heavily developed, 
and Forsyth County (which I represent) is the fastest growing county in 
the United States. The park currently contains about 9,238 acres of 
which approximately 4,500 are Federally owned. Presently, the park 
includes thirteen separate land units. Popular recreational activities 
in the park include fishing, hiking, picnicking, canoeing, rafting, 
tubing, and boating. It also contains a number of natural habitats, 
19th century historic sites and ruins, as well as Native American 
archaeological sites. Annual visitation is about 3.5 million visitors.
  My legislation would modify the boundaries of the Chattahoochee River 
National Recreation Area and authorize the creation of a greenway 
buffer between the river and private development to prevent further 
pollution, provide flood and erosion control, and maintain water 
quality for safe drinking water and for the fish and wildlife dependent 
on the river system. In addition, this legislation promotes private-
public partnerships by authorizing $25 million in federal funds for 
land acquisition for the recreation area. The $25 million will be 
matched by private funds. The State of Georgia, private foundations, 
corporate entities, private individual, and others have already given 
or pledged tens of millions of dollars to protect and preserve the 
Chattahoochee river for future generations of Georgians to enjoy. At 
the same time, it includes an ``any willing seller'' provision to 
protect private property rights of landowners.
  Last year, in anticipation of passage of this legislation, Congress 
made available $25 million for land acquisition in the Chattahoochee 
River National Recreation Area. That funding is serving to leverage 
state, local government, and private funding to further augment land 
purchases in the recreation area. However, legislative authority 
expanding the boundaries is needed before the additional land can be 
purchased. We can help preserve one of Georgia's most vital natural 
resources by enacting H.R. 2140.
  Similar legislation was introduced in the House and Senate during the 
105th Congress. As most of you know, the House passed the legislation 
in October 1998, however the Senate did not act on the measure.
  During this Congress, Senator Coverdell introduced the companion bill 
to H.R. 2140 (S. 109), and the bill was reported on June 7, 1999 by the 
Committee on Energy and Natural Resources. I believe it is crucial for 
the House to act quickly on this legislation in order to protect the 
Chattahoochee River from further development and environmental damage.
  Again, thank you Madam Speaker, and thank you to the Resources 
Committee members and staff for all the help they provided with H.R. 
2140. I would also like to thank Representative Isakson for his 
assistance in protecting one of Georgia's most vital, natural 
resources.
  Mr. KILDEE. Madam Speaker, I yield back the balance of my time.
  Mr. DOOLITTLE. Madam Speaker, I urge an ``aye'' vote, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Doolittle) that the House suspend the 
rules and pass the bill, H.R. 2140, as amended.
  The question was taken.
  Mr. DOOLITTLE. Madam Speaker, on that I demand the yeas and nays.

[[Page H10134]]

  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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