[Senate Report 104-34]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 57
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-34
_______________________________________________________________________


 
                 CARL GARNER FEDERAL LANDS CLEANUP DAY

                                _______


    April 7 (legislative day, April 5), 1995.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                         [To accompany S. 197]
    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 197) to establish the Carl Garner Federal 
Lands Cleanup Day, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:
``SECTION 1. THE CARL GARNER FEDERAL LANDS CLEANUP ACT.

    ``The Federal Lands Cleanup Act of 1985 (Public Law 99-402; 36 
U.S.C. 169i-169i-1) is amended by striking the terms ``Federal Lands 
Cleanup Day'' or ``Federal Lands National Cleanup Day'' each place they 
occur and inserting in lieu thereof, ``Carl Garner Federal Lands 
Cleanup Day''.''.
                         Purpose of the Measure

    The purposes of S. 197 is to amend the Federal Lands 
Cleanup Act of 1985 by renaming it the ``Carl Garner Federal 
Lands Cleanup Day''.

                          Background and Need

    The Federal Lands Cleanup Act designates the first Saturday 
after Labor Day of each year as Federal Lands Cleanup Day, and 
requires each Federal land managing agency to organize, 
coordinate, and participate with citizen volunteers and State 
and local agencies in cleaning up and maintaining Federal 
lands.
    S. 197 would redesignate Federal Lands Cleanup Day as Carl 
Garner Federal Lands Cleanup Day. Mr. Garner is the resident 
engineer with the Army Corps of Engineers at Greers Ferry Lake 
in Arkansas. Since 1970, he has organized a group of volunteers 
to have an annual cleanup day at the lake. The project became 
popular enough that it was extended to other Corps-operated 
lakes in Arkansas, along with other Federal and State lands in 
the State, and is now known as the ``Great Arkansas Cleanup.'' 
According to the sponsor S. 197, Senator Bumpers, the efforts 
of Mr. Garner were the inspiration for his introduction of the 
Federal Lands Cleanup Act in 1985.

                          Legislative History

    S. 197 was introduced by Senator Bumpers on January 11, 
1995, and referred to the Committee on Energy and Natural 
Resources.
    In the 103rd Congress, Senator Bumpers introduced S. 851 on 
April 29, 1993. The bill was originally referred to the 
Committee on Environmental and Public Works; that committee was 
discharged by unanimous consent on May 13, 1993 and the bill 
was referred to the Committee on Energy and Natural Resources. 
The Subcommittee on Public Lands, National Parks and Forests 
held a hearing on S. 851 on June 17, 1993. At the business 
meeting of the Committee on Energy and Natural Resources, S. 
851 was ordered favorably reported, and passed the Senate on 
July 21, 1993.
    Similar provisions were included in H.R. 3252, a 
comprehensive bill on parks, rivers, trails, and historic 
sites. The House passed H.R. 3252 on November 23, 1993. The 
Subcommittee on Public Lands, National Parks and Forests held a 
hearing on H.R. 3252 on May 19, 1994. At the business meeting 
on September 21, 1994, the Committee on Energy and Natural 
Resources ordered H.R. 3252 to be favorably reported, but no 
further action was taken.
    At the business meeting on March 29, 1995, the Committee on 
Energy and Natural Resources ordered S. 127, favorably 
reported, as amended.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on March 29, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 197, if 
amended as described herein.
    The roll call vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas \1\
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan

    \1\ Indicates voted by proxy.

                          Committee Amendment

    During the consideration of S. 197, the Committee adopted 
an amendment in the nature of a substitute. The amendment made 
a technical change to reflect the replacement of both ``Federal 
Lands Cleanup Day'' and ``Federal Lands National Cleanup Day'' 
with ``Carl Garner Federal Lands Cleanup Day'' in the Federal 
Lands Cleanup Act of 1985.

                           Summary of S. 197

    S. 197 amends the Federal Lands Cleanup Act of 1985 to 
redesignate Federal Lands Cleanup Day as Carl Garner Federal 
Lands Cleanup Day.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 197, a bill to establish the Carl Garner Federal 
Lands Cleanup Day, and for other purposes, as ordered reported 
by the Senate Committee on Energy and Natural Resources on 
March 29, 1995. Enactment of this legislation would have no 
effect on the federal budget or on those of state or local 
governments. S. 197 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    S. 197 would rename the Federal Lands Cleanup Day as the 
Carl Garner Federal Lands Cleanup Day.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah S. 
Reis.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 197. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No person information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 197, as ordered reported.

                        Executive Communications

    On March 24, 1995, the Committee on Energy and Natural 
Resources has requested legislative reports from the Department 
of the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 197. These reports 
had not been received at the time the report on S. 197 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate.

                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 197, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

             TITLE 36--PATRIOTIC SOCIETIES AND OBSERVANCES

                        [36 U.S.C. 169i-169i--1]

          * * * * * * *

                   Federal Lands Cleanup Act of 1985

Sec. 169i. Federal Lands Cleanup Day; designation, observation, etc.

    The first Saturday after Labor Day of each year is 
designated as ``[Federal Lands Cleanup Day] Carl Garner Federal 
Lands Cleanup Day''. The President shall issue a proclamation 
calling upon the people of the United States to observe 
[Federal Lands Cleanup Day] Carl Garner Federal Lands Cleanup 
Day with appropriate ceremonies, programs, and activities: 
Provided, however, That the activities associated with [Federal 
Lands Cleanup Day] Carle Garner Federal Lands Cleanup Day may 
be undertaken in individual States on a day other than the 
first Saturday after Labor Day if the affected Federal land 
managers determine the because of climatological or other 
factors, an alternative date is more appropriate.

Sec. 169i--1. Federal participation in [Federal Lands Cleanup Day] Carl 
                    Garner Federal Lands Cleanup Day

    (a) Federal Land Management Agencies; Duties; Definition--
(1) In order to observe [Federal Lands Cleanup Day] Carl Garner 
Federal Lands Cleanup Day at the Federal level, each Federal 
land management agency shall organize, coordinate, and 
participate with citizen volunteers and State and local 
agencies in cleaning and providing for the maintenance of 
Federal public lands, recreation areas, and waterways within 
the jurisdiction of such agency.
    (2) For purposes of this Act, the term ``Federal land 
management agency'' shall include--
          (A) the Forest Service of the Department of 
        Agriculture;
          (B) the Bureau of Land Management of the Department 
        of the Interior;
          (C) the National Park Service of the Department of 
        the Interior;
          (D) the Fish and Wildlife Service of the Department 
        of the Interior;
          (E) the Bureau of Reclamation of the Department of 
        the Interior; and
          (F) the Army Corps of Engineers.
    (b) Objectives; Cooperation With State, County, and Local 
Agencies.--Each Federal land management agency shall plan for 
and carry out activities on [Federal Lands National Cleanup 
Day] Carl Garner Federal Lands Cleanup Day which--
          (1) encourage continuing public and private sector 
        cooperation in preserving the beauty and safety of 
        areas within the jurisdiction of such agency;
          (2) increase citizens' sense of ownership and 
        community pride in such areas;
          (3) reduce litter on Federal lands, along trails and 
        waterways, and within such areas; and
          (4) maintain and improve trails, recreation areas, 
        waterways and facilities.
Such activities shall be held in cooperation with appropriate 
State, county, and local government agencies.
    (c) Report to Congress.--(1) Within ninety days following 
the first [Federal Lands Cleanup Day] Carl Garner Federal Lands 
Cleanup Day occurring after August 27, 1986, each Federal land 
management agency shall provide a summary report to Congress 
briefly outlining the types of activities undertaken; the sites 
involved; the nature and extent of the volunteer involvement; 
the cost savings realized from the program and the overall 
success of such agency in observing [Federal Lands Cleanup Day] 
Carl Garner Federal Lands Cleanup Day.
    (2) Such reporting requirements shall remain in effect for 
two years after the submission of the first report.