[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.