[Senate Report 104-382]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 606
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-382
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           CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY PARK

                                _______
                                

               September 30, 1996.--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. 1706]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1706) to increase the amount authorized 
to be appropriated for assistance for highway relocation with 
respect to the Chickamauga and Chattanooga National Military 
Park in Georgia, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 1706 is to amend the section of Public 
Law 100-211 which authorizes and directs the National Park 
Service to assist the State of Georgia in relocating a highway 
affecting the Chickamauga and Chattanooga Military Park in 
Georgia.

                          Background and Need

    The Chickamauga and Chattanooga National Military Park, 
located in Tennessee and Georgia, is America's oldest National 
Military Park. The Park was established in 1890 to commemorate 
the Civil War military engagements which took place there 
during the fall of 1863 and to allow opportunities for future 
studies of these historic battles.
    This bill supports an ongoing project to reroute a 3.7 mile 
section of U.S. Highway 27, which passes through the 
Chickamauga Battlefield section of the Park, by way of a 7-
mile-long bypass around the Battlefield's western boundary. The 
National Park Service has determined that this rerouting is 
necessary in order to protect the natural and historical 
resources within the Park from damages caused by heavy traffic.
    Highway 27 is a major north-south highway connecting 
Chattanooga, Tennessee to Florida. It is a well traveled 
commuter route between northwest Georgia and Chattanooga. 
Primarily a four lane highway, the road narrows to two lanes 
through the Park. On average, 17,200 vehicles, including 800 
18-wheelers, are estimated to use the 3.7-mile segment of the 
highway that passes through the Park each day. The National 
Park Service estimates that ninety percent of this traffic 
involves commuters and commercial vehicles, and ten percent 
involves park visitors.
    Highway 27 is considered a vital north-south link between 
the three states, and its refurbishment is considered to be a 
top priority of the Georgia Department of Transportation (DOT). 
The highway is currently undergoing construction from end to 
end in order to upgrade the highway for commercial use. When 
the Georgia segment of the highway construction is completed, 
Highway 27 will be a four-lane highway through rural areas of 
Georgia and will include five-lane bypass sections around urban 
areas with limited access.
    In 1987, Public Law 100-211 authorized an appropriation to 
the Secretary of the Interior for up to $30 million in Federal 
funds, on a 75 percent Federal/25 percent state matching basis, 
to provide a grant to the State of Georgia to assist in 
relocating the highway around the Chickamauga Battlefield. The 
appropriation was based on an estimate which was provided by 
the Georgia DOT. To date, approximately $23.5 million in 
Federal funds have been appropriated.
    In 1993, the Federal Highway Administration (FHA) provided 
an estimate to the National Park Service which indicated that 
the Federal share needed to complete the project would be $43.5 
million. The increased cost estimate was based on detailed 
surveys, computer designs and geotechnical data form an on-site 
investigation conducted by the FHA. Through the geotechnical 
investigations, it was discovered that it would be necessary to 
remove an unexpected amount of rock in order to complete the 
project. In addition, problems associated with two railroad 
bridge crossings had not been calculated in the initial 
estimate. The FHA recently revised the cost estimate for the 
Federal contribution needed to complete the project. The 
estimate is now calculated at $51.9 million

                          Legislative History

    Senators Nunn and Coverdell introduced S. 1706 on April 25, 
1996. The Subcommittee on Parks, Historic Preservation and 
Recreation held a hearing on the bill on May 16, 1996.
    A similar bill, S. 2434, was introduced by Senator Nunn 
during the 103d Congress. The Subcommittee on Public Lands, 
National Parks and Forests held a hearing on S. 2434 on October 
5, 1994. H.R. 3516 was introduced in the House of 
Representatives during the 103d Congress, H.R. 3516 was 
reported and amended by the House Committee on Natural 
Resources on March 18, 1994, and passed the House on March 21, 
1994. The Senate Subcommittee on Public Lands, National Parks 
and Forests held a hearing on H.R. 3516 on October 5, 1994. No 
further action was taken on either bill.
    At the business meeting on September 12, 1996, the 
Committee on Energy and Natural Resources ordered S. 1706 
favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 12, 1996, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1706.

                      Section-by-Section Analysis

    Section 1 amends section 1(c) of the Act entitled ``An Act 
to authorize and direct the National Park Service to assist the 
State of Georgia in relocating a highway affecting the 
Chickamauga and Chattanooga National Military Park in Georgia'' 
(Public Law 100-211; 101 Stat. 1442) by changing the amount 
authorized through the Act from $30,000,000 to $51,900,000.

                   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, September 24, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1706, a bill to 
increase the amount authorized to be appropriated for 
assistance for highway relocation with respect to the 
Chickamauga and Chattanooga National Military Park in Georgia.
    Enacting S. 1706 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: S. 1706.
    2. Bill title: A bill to increase the amount authorized to 
be appropriated for assistance for highway relocation with 
respect to the Chickamauga and Chattanooga National Military 
Park in Georgia.
    3. Bill Status: As reported by the Senate Committee on 
Energy and Natural Resources on September 16, 1996.
    4. Bill Purpose: S. 1706 would increase from $30 million to 
$51.9 million the amount authorized to be appropriated to 
assist the state of Georgia in relocating Highway 27, which 
affects the Chickamauga and Chattanooga National Military Park 
in Georgia.
    5. Estimated cost to the Federal Government:

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                  ADDITIONAL SPENDING SUBJECT TO APPROPRIATION                                  
                                                                                                                
Authorization level.......................................       22  .......  .......  .......  .......  .......
Estimated outlays.........................................        3        6        7        4        2  .......
----------------------------------------------------------------------------------------------------------------

    The costs of this bill fall within budget function 400.
    6. Basis of estimate: According to the National Park 
Service, of the $30 million that has already been appropriated, 
$28 million has been spent and the remaining $2 million is 
likely to be spent over the next two years. In addition to the 
$30 million that has been provided through the Park Service, 
this project received $4.5 million in 1996 from National 
Highway System funds. Additional funding is needed to finish 
the project.
    For purposes of this estimate, CBO assumes the additional 
$21.9 million authorized by S. 1706 would be appropriated for 
fiscal year 1997. Outlay estimates are based on historical 
spending rates, adjusted slightly to reflect the fact that the 
project is well underway. According to the National Park 
Service, this project would be completed within the next five 
years. Also, according to the Federal Highway Administration, 
the amount authorized by S. 1706 is sufficient to complete the 
project under the Park Service's current schedule.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: S. 1709 contains no intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4) and would impose no costs on state, local, or tribal 
governments.
    9. Estimated impact on the private sector: This bill 
contains no private-sector mandates as defined in Public Law 
104-4.
    10. Previous CBO estimate: On May 31, 1996, CBO submitted a 
cost estimate for H.R. 848, a bill to increase the amount 
authorized to be appropriated for assistance for highway 
relocation regarding the Chickamauga and Chattanooga National 
Military Park in Georgia, as ordered reported by the House 
Committee on Resources on May 16, 1996. The two estimates are 
identical, as are the bills.
    11. Estimate prepared by: Federal Cost Estimate: Deborah 
Reis and Clare Doherty. State and Local Government Impact: 
Marjorie Miller. Private Sector Impact: Patrice Gordon.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      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. 1706. 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 personal 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. 1706, as ordered reported.

                        Executive Communications

    On September 13, 1996, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1706. These 
reports had not been received at the time the report on S. 1706 
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. The testimony provided by the 
Department of the Interior at the Subcommittee hearing follows:

      Statement of Katherine H. Stevenson, National Park Service, 
                       Department of the Interior

          Mr. Chairman, thank you for the opportunity to offer 
        the Department of the Interior's views on S. 1706, a 
        bill to increase the amount authorized to be 
        appropriated for assistance for highway relocation 
        regarding Chickamauga and Chattanooga National Military 
        Park in Georgia.
          We support enactment of this legislation. S. 1706 
        would authorize an increase in funding to $51.9 million 
        for relocating U.S. Highway 27 around Chickamauga 
        Battlefield.
          In the 103rd Congress we testified that the cost 
        estimate for the federal share of the project was $43.2 
        million. However, since that time, the Federal Highway 
        Administration has revised the cost estimate to $51.9 
        million for the federal share. The reason for the 
        increase is the difference between the historic data 
        used to determine the previous estimate and 
        incorporating the actual bid prices received on the 
        first two projects in calculating the most recent 
        estimate.
          In 1987, Public Law 100-211 authorized an 
        appropriation to the Secretary of the Interior of up to 
        $30 million in federal funds, on a 75 percent federal/
        25 percent state matching basis, to provide a grant to 
        the State of Georgia to assist in relocating the 
        highway around America's first national military park. 
        Public Law 100-211 ended years of debate over what to 
        do with the rapidly increasing commercial, commuter, 
        and visitor traffic brought by this highway through the 
        middle of Chickamauga Battlefield. When finally 
        completed, U.S. Highway 27 will take non-park traffic 
        outside the Battlefield, leaving visitors to tour the 
        park with a greater sense of safety, pleasure, and 
        enjoyment.
          U.S. Highway 27 is a major north-south artery located 
        in northwest Georgia adjacent to Chattanooga, 
        Tennessee. Primarily a four-lane highway, the road 
        narrows to two lanes through the park. On the average, 
        17,200 vehicles, including 800 18-wheelers, use the 
        3.7-mile segment daily. Ninety percent of this traffic 
        consists of commuters and commercial vehicles--10 
        percent consists of park visitors.
          The heavy use of this road causes a significant 
        adverse impact on the park's cultural and natural 
        resources. U.S. Highway 27 cuts through the historic 
        battle line which is currently followed by the park's 
        tour route, and thus intrudes on the historic scene. By 
        competing with commuter and commercial traffic, park 
        visitors have a difficult time appreciating the 59 
        monuments and 66 cannons located along the road. Air 
        pollution not only adversely affects the park's natural 
        and cultural resources but, along with noise pollution 
        and safety hazards, intrudes greatly on the historic 
        scene and the visitor's experience. Critical safety 
        problems have arisen for both the visitor and non-
        visitor with 75 traffic accidents on U.S. Highway 27 in 
        1994, including 39 reported deer road kills, and 
        $123,700 in property damage. These accidents resulted 
        in one fatality and 22 personal injuries.
          In 1987, when asked to estimate the costs of 
        relocating the road, the State of Georgia Department of 
        Transportation supplied the National Park Service with 
        a broad estimate of nearly $32 million. This 
        calculation was arrived at without an in-depth study of 
        the route or resources. It was based on a per-mile 
        planning design, construction, and land acquisition 
        cost.
          The increased cost projection is a result of design 
        changes and the difference between a rough preliminary 
        estimate and an estimate based on actual design 
        quantities and actual bid prices from the first two 
        projects already awarded. In 1987, the Federal share 
        was authorized at $30 million. To date, $28.046 million 
        has been appropriated. Based on a recent estimate by 
        the Federal Highway Administration, the federal share 
        of this project is now projected to be $51.9 million. 
        Any portion of the federal share not funded by FY 1997 
        will be subject to inflation and increased costs for 
        repackaging of projects.
          The increased cost estimate is based upon field 
        investigations conducted over the past several years. 
        Geotechnical investigations discovered the necessity to 
        remove an inordinate amount of rock. Four million cubic 
        yards of earth will need to be moved in this project. 
        Of this amount, over 600,000 cubic yards of fill 
        disposal will be hauled to sites outside the 
        construction area. Problems associated with two 
        railroad crossings were not calculated into the initial 
        estimate, and thus to comply with construction 
        requirements, additional engineering considerations 
        were factored into the two bridge structures crossing 
        Central of Georgia Railroad tracks.
          The need for the road is as great--or greater--than 
        it was in 1987. We believe the work should go forward 
        as authorized, but to do so, the authorization ceiling 
        must reflect current cost estimates. Of course, funding 
        will be consistent with future Administration 
        priorities and budget requests.

                        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. 1706, 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):
    (``An Act to authorize and direct the National Park Service 
to assist the State of Georgia in relocating a highway 
affecting the Chickamauga and Chattanooga National Military 
Park in Georgia'' Public Law 100-211; 101 Stat. 1442)
          * * * * * * *
    (c) Authorization of Appropriations.--There is authorized 
to be appropriated not more than [$30,000,000] $51,900,000 for 
assistance under subsection (a). Such funds shall remain 
available until expended.