[Senate Report 104-385]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 608
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-385
_______________________________________________________________________


 
              NATIONAL RECREATION LAKES STUDY ACT OF 1996

                                _______
                                

               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. 1844 ]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1844) to amend the Land and Water 
Conservation Fund Act to direct a study of the opportunities 
for enhanced water based recreation 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 the text in section 3(b)(6) and insert in lieu 
thereof the following:

          ``(6) four persons familiar with the interests of the 
        recreation and tourism industry, conservation and 
        recreation use, Indian tribes, and local governments, 
        at least one of whom shall be familiar with the 
        economics and financing of recreation related 
        infrastructure.''.

                         purpose of the measure

    S. 1844, as ordered reported, would require a study of 
opportunities to enhance the use of federal man-made lakes and 
reservoirs for recreation consistent with the authorized 
purposes for which such facilities were constructed and with an 
emphasis on private sector initiatives in concert with State 
and local units of Government.

                          background and need

    A combination of events after World War II resulted in 
increased demand for recreation opportunities. Among those 
events was the interstate highway system, which increased the 
range for vacation and day-trip activities, and changes in 
disposable income and average hours in the workplace. Federal 
lands and facilities received renewed attention for 
recreational opportunities. Although the Corps of Engineers had 
begun to consider recreation as part of their planning under 
the 1944 Rivers and Harbors Act, most Federal agencies did not 
consider recreation as part of its basic mission. Partially in 
response to the increased mobility of the American public and 
new demands on federal facilities and lands, Congress 
established the Outdoor Recreation Resources Review Commission 
in 1958. The Commission, chaired by Laurance Rockefeller, was 
composed of four members of the Senate and four of the House, 
as well as six other members appointed by the President. The 
Commission published several background documents and submitted 
its final report in 1962.
    Even with limitations on authority and funding, the Corps 
of Engineers, the Bureau of Reclamation, and the Tennessee 
Valley Authority provide more recreation use than any other 
Federal agency. The Corps is second only to the Department of 
Agriculture in overall recreation use and far exceeds any other 
agency in water based recreation. These four agencies control 
the majority of Federally managed and constructed reservoirs 
and lakes.
    The purpose of S. 1844 is to bring the four agencies with 
the greatest potential for water based recreation together with 
representatives from the private sector to explore 
opportunities and alternatives to enhance those recreational 
opportunities. The legislation specifies that any ``such 
alternatives shall be consistent with and subject to the 
authorized purposes for any man-made lakes and reservoirs and 
shall emphasize private sector initiatives in concert with 
State and local units of government.'' The presence of 
significant non-Federal lands at, or in close proximity to, 
many of these reservoirs and lakes could provide increased 
ability to the private sector to obtain capital for the 
provision of facilities. The legislation does not contemplate 
the gathering of any new information.

                          legislative history

    Senator Frank Murkowski introduced S. 1844 on June 5, 1996. 
The Committee on Energy and Natural Resources held a hearing on 
June 13, 1996.

            COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTE

    The Senate Committee on Energy and Natural Resources, in 
open business session on Thursday, September 12, 1996, by a 
unanimous voice vote of a quorum present, recommended that the 
Senate pass S. 1844 as described herein.

                      SECTION-BY-SECTION ANALYSIS

Section 1--Short title

    The title of the Act is the ``National Recreation Lakes 
Study Act of 1996''.

Section 2--Findings and purposes

    In this section, Congress finds that the Federal Government 
has developed man-made lakes and reservoirs that have become a 
powerful magnet for diverse recreational opportunities and that 
such activities contribute to the well-being of families, 
individuals, and the economic viability of local communities. 
Congress also finds that the President should appoint an 
advisory committee to review current and anticipated demand for 
recreational opportunities at Federally-managed man-made lakes 
and reservoirs through creative partnerships involving Federal, 
State and local governments, and the private sector and to 
develop alternatives for enhanced recreational use of such 
facilities.

Section 3--Commission

    This section requires the President to appoint a nine-
member advisory commission to review the potential for enhanced 
opportunities for water based recreation and to report to the 
President and Congress within one year. The Commission shall 
include the Secretaries of the Interior, Army, Agriculture, and 
the Chairman of the Tennessee Valley Authority (or their 
designees). The Commission shall also include a person 
nominated by the National Governors' Association, and four 
persons familiar with the interests of the recreation and 
tourism industry, conservation and recreation use, Indian 
tribes, and local governments, at least one of whom shall be 
familiar with the economics and financing of recreation related 
infrastructure. The report to be submitted by the Commission 
shall evaluate the following: (1) The extent to which 
recreation components identified in specific authorizations 
concerning individual man-made lakes and reservoirs have been 
accomplished; (2) the feasibility of enhancing recreation 
opportunities at Federally-managed lakes and reservoirs under 
existing statutes; (3) legislative changes that could enhance 
recreation opportunities consistent with and subject to 
achievement of the authorized purposes of Federal water 
projects; and (4) recommendations on alternatives for enhanced 
recreation opportunities including, but not limited to, the 
establishment of a National Recreation Lake System under which 
specific lakes would receive national designation and which 
would be managed through innovative partnership-based 
agreements between Federal agencies, State and local units of 
government, and the private sector.

                   COST AND REGULATORY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs of 
this measure follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 23, 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 
reviewed S. 1844, the National Recreation Lakes Study Act of 
1996, as reported by the Senate Committee on Energy and Natural 
Resources on September 16, 1996. CBO estimates that 
implementing S. 1844 would cost less than $500,000 in 1997, 
assuming appropriation of the necessary amounts. Enacting the 
bill would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply.
    S. 1844 would establish a commission to review 
opportunities for enhancing water-based recreation on the 
nation's man-made lakes and reservoirs. The Secretary of the 
Interior would provide all financial, administrative, and 
staffing requirements for the commission. The heads of other 
federal agencies would be authorized, at the request of the 
commission and within the limits of available funds, to provide 
information or personnel to the commission. The commission 
would be authorized to use the United States mail in the same 
manner as other federal agencies. Based on information provided 
by the Department of the Interior, CBO estimates that 
implementing the bill would require less than $500,000 in 1997 
to pay for staff expenses, conduct studies, and write a report 
to the Congress. The report would be required within one year 
of enactment.
    S. 1844 contains no private-sector or 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gary Brown.
            Sincerely,
                                         June E. O'Neill, Director.

                       Federal Mandate Evaluation

    The Congressional Budget Office has determined that S. 1844 
contains no private sector or 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.

                      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 
implementing S. 1844. 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.
    The paperwork requirements for the Department of the 
Interior are not likely to be significant.

                        Executive Communications

    A Statement of Administration Position has not been 
submitted as of the date this report was filed. When the SAP is 
available, the Chairman will request that it 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, the Committee notes that no 
changes in existing law are made by the bill S. 1844, as 
ordered reported.