[Senate Report 106-62]
[From the U.S. Government Publishing Office]
Calendar No. 132
106th Congress Report
SENATE
1st Session 106-62
======================================================================
CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
_______
June 7, 1999.--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. 109]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 109) to improve protection and management
of the Chattahoochee River National Recreation Area in the
State of Georgia, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. On page 4, strike line 20 and all that follows through
page 5, line 9, and insert the following:
``(2)(A) by striking the fourth sentence and
inserting the following: `No sooner than 180 days after
the date of enactment of this Act, 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''.
2. On page 5, line 17, strike ``is amended--``and all that
follows through line 24 and insert the following: ``is amended
by striking subsection (f).''.
3. On page 7, line 23 through 25, strike ``Not later than 3
years after the date of enactment of this subparagraph,'' and
insert in lieu thereof ``Within 3 years after the date funds
are made available''.
4. On page 8, line 4, strike ``areas added to''.
5. On page 8, lines 5 and 6, strike ``area after the date
of submission of the initial general management plan and insert
in lieu thereof, ``area.''.
Purpose of the Measure
The purpose of S. 109, as ordered reported, is to modify
the boundaries of the Chattahoochee River National Recreation
Area, in Georgia, to establish a system of greenway buffer
areas between the river and private lands to prevent pollution,
enhance flood and erosion control and to maintain high water
quality.
Background and Need
The Chattahoochee River National Recreation Area was
established August 15, 1978 and boundary adjustments and other
legislative changes 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 downtown Atlanta,
Georgia. The area immediately adjacent to the park is being
heavily developed and Forsyth County 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.
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 and Native American archaeological sites.
Annual visitation is about 3.5 million visitors.
Legislative History
S. 109 was introduced on January 19, 1999 by Senators
Coverdell and Cleland. The Subcommittee on National Parks,
Historic Preservation and Recreation held a hearing on S. 109
on April 15, 1999.
Similar legislation was passed by the House of
Representatives during the 105th Congress, although no further
action was taken in the Senate.
At its business meeting on May 19, 1999, the Committee on
Energy and Natural Resources ordered S. 109, favorably
reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 19, 1999, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 109, as
amended as described herein.
Committee Amendments
In addition to technical and clarifying changes, the
amendments provide the National Park Service with the power of
eminent domain within the Recreational Area; and change the
date for the submittal of the General Management Plan from
three years after the enactment of this Act to three years
after funds are made available for the completion of the plan.
Section-by-Section Analysis
Section 1 contains Congressional findings and purposes.
The purposes are to increase the protection of open spaces
and to enhance visitor enjoyment of the open spaces as well as
to authorize appropriations for the federal portion of the land
acquisition effort.
Section 2 amends P.L. 95-344, the enabling legislation for
the Chattahoochee River National Recreation Area.
Subsection (a) amends section 101 (16 U.S.C. 460ii) to
adjust the boundaries of the recreation area and to increase
the maximum federal acreage from 6,800 to 10,000 acres. No
sooner than 180 days after the date of enactment of the Act,
the Secretary may revise the boundaries in consultation with
State and local officials and affected landowners and submit a
revised map to the Senate Committee on Energy and Natural
Resources and the House of Representatives Committee on
Resources. The revised boundaries will take effect 180 days
after the date submitted, unless with the 180 days, Congress
enacts a joint resolution disapproving the revised boundaries.
Subsection (b) amends section 102 (17 U.S.C. 460ii-1) to
delete subsection (f) that pertaining to exchanges of Federal
land.
Subsection (c) amends section 103 (16 U.S.C. 460ii-2) to
authorize 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.
Subsection (d) amends section 105 (U.S.C. 460ii-4) to
authorize land acquisition funding of $25 million; however,
donations of land or funds may be accepted. In addition, a
revised general management plan for the entire recreation area
is to be prepared within three years after funds are made
available. Public participation in the planning process is to
be encouraged.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 27, 1999.
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. 109, a bill to
improve protection and management of the Chattahoochee River
National Recreation Area in the state of Georgia.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director).
S. 109--A bill to improve protection and management of the
Chattahoochee River National Recreation Area in the state of
Georgia
CBO estimates that up-front costs to implement S. 109 over
the next five or six years would be $10 million to $20 million,
depending on the amounts appropriated. For each year during
that period, and for every year thereafter, the federal
government would incur additional administrative costs to
manage and operate new lands and facilities. Those costs would
range from about $200,000 in fiscal year 2000 to about $1
million by 2004, for a total of about $3 million over the first
five years. Spending for all activities would be subject to the
appropriation of the necessary amounts.
S. 109 would create a system of public land corridors to
link existing units of the Chattahoochee River National
Recreation Area (NRA) in Georgia. For this purpose, the bill
would expand the boundaries of the NRA by about 3,200 acres.
Subsection 2(d) of the bill would authorize the appropriation
of $25 million for fiscal years after 1998 for acquiring land
within the enlarged NRA. This subsection also would allow the
National Park Service (NPS) to accept donations of funds or
real property from state or local agencies or nonprofit
organizations that are involved in current efforts to protect
land around the NRA. The NPS would be authorized to execute
cooperative agreements with such entities in order to
coordinate land acquisition, development, and other activities.
Finally, S. 109 would require the NPS to complete a revised
general management plan for the area within four years of
receiving funding for that purpose.
Assuming appropriate of the necessary amounts, CBO
estimates that the NPS would spend about $1 million to develop
a new management plan for the NRA and establish guidelines and
standards for coordinating activities at federal and nonfederal
properties. Until the management plan (which would identify
future development needs of the expanded NRA) has been
completed, the extent of other development activities is
uncertain. CBO expects that they would include the construction
of one or more small administrative and maintenance structures
as well as new recreational facilities such as trails, parking
lots, and restrooms--at an estimated cost of about $9 million.
In addition, the bill would authorize the appropriation of
$25 million after fiscal year 1998 for land acquisition. A
total of $25 million has already been appropriated for that
purpose, $10 million for 1998 and $15 million for 1999. Thus
the bill would authorize another $10 million for land
acquisition. If that additional sum is appropriated and spent,
it would add another $10 million to the costs of the bill--but
current plans only call for federal expenditures of $25 million
for land acquisition.
S. 109 could affect governmental receipts from
contributions by allowing the NPS to accept donated funds. CBO
estimates that any amounts collected would be offset by
additional spending for land acquisition. Because the bill
could affect direct spending and receipts, pay-as-you-go
procedures would apply. However, we expect that in most cases
other government agencies and nonprofit organizations
participating in this project would purchase land directly from
property owners and then either donate it to the NPS or manage
it themselves. As a result, we expect that any additional
receipts and spending would not be significant.
S. 109 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. State
and local governments might incur some costs as a result of the
bill's enactment, but these costs would be voluntary.
The CBO staff contact is Deborah Reis. This estimate was
approved by Robert A. Sunshine, Deputy 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. 109. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 109, as ordered reported.
Executive Communications
A representative from the National Park Service testified
in support of S. 109 and recommended a number of amendments.
The testimony follows:
STATEMENT OF KATHERINE STEVENSON, ASSOCIATE DIRECTOR FOR CULTURAL
RESOURCE STEWARDSHIP AND PARTNERSHIPS, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 109, to improve
protection and management of the Chattahoochee River National
Recreation Area. We support this legislation with the
amendments discussed later in the testimony.
Mr. Chairman, Congress established the Chattahoochee River
National Recreational 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 an area of national concern.
Since that last action fifteen years ago, the pace of
residential and commercial development in the Chattahooche
River corridor accelerated rapidly. In fact, a U.S. Census
Bureau report issued last month named Forsyth County, where the
recreation area boundary begins, the fastest-growing county in
the nation. The three other counties in which the recreation
area lies are also experiencing a surge in growth. We agree
with Senators Coverdell and Cleland that the time is right for
new legislation to provide additional protection for this
important resource.
Several years ago, realizing that our efforts to protect
the resources, including water quality, and to provide for
visitor use of the recreation area were threatened by the
development pressures in the area, the National Park Service
joined with several conservation organizations to map out a
strategy to address these challenges. We agreed that a boundary
study was needed to evaluate what lands could still be
protected, along with a plan for their protection.
The Trust for Public Land undertook this study for the
National Park Service. Through the course of the study, it
became apparent to the counties and municipalities within the
Chattahooche River corridor that establishing links between the
separate units of the national recreation area could meet the
goals of providing recreational opportunities for their
residents while protecting some of the remaining open space
along the 48-mile segment of the river.
These local governments, along with the State government,
private foundations, and other private entities have become
enthusiastic supporters of the proposed expansion and are
willing to contribute substantially to the cost of acquiring
the land needed to link Chattahoochee's separate units if
Congress provides the necessary authority to expand the land
base, along with $25 million for land purchases. Congress did,
in fact, make available $25 million for land acquisition at
Chattahoochee last year, and a private
philanthropic foundation has now matched that amount in full.
Contributing to the need for a larger land base for the
recreation area is the fact that visitor use at the park has
largely shifted from water-based to land-based activities. When
the recreation area was first created, people flocked to it to
raft, float, canoe, and kayak down the river. These are still
popular activities; however, the use of park lands for hiking,
biking, picnicking, and other such land-based activities has
increased dramatically as the area's population has grown. The
Cochran Shoals unit, for example, which includes a fitness
trail, has more than two million visitors annually. Thus,
expanding the recreation area would enable the National Park
Service to better serve the majority of visitors who now use
the park for land-based activities.
Mr. Chairman, S. 109 would provide the foundation for a
cooperative effort by the Federal government, the State of
Georgia, local governments, and private entities to link the
separate units of the recreation area, protect much of the
remaining open space along the 48-mile Chattahoochee River
corridor, and provide additional recreational opportunities in
that area.
While the Department of the Interior supports these
important goals, we believe some changes are needed in S. 109.
First, Section 2(a) of the bill establishes a procedure for
enlarging the recreation area that allows the Secretary of the
Interior to submit a final map of the new boundaries after this
legislation is enacted. We are in agreement with this approach,
but we recommend striking the date of July 1, 1999 for the
Secretary's submission of a revised map to Congress and
specifying, instead, that the submission be made no less than
180 days, or six months, after enactment. Not knowing when this
legislation will be enacted, it would be more practicable to
specify a 180-day, or six-month, timeframe for the submission
than a particular date.
In addition, we suggest inserting in this section a
provision specifying that in the event Congress enacts a joint
resolution rejecting the revised boundaries submitted by the
Secretary, that the Secretary submit a further revision of the
boundaries. We also recommend that the legislation specify that
the map revisions be submitted to the Committee on Energy and
Natural Resources in the Senate and the Committee on Resources
in the House, rather than to ``Congress.''
Section 2(b)(1) of the bill limits the Secretary's land
acquisition authority to willing sellers. We believe that this
provision unfairly ties the hands of the Secretary. Throughout
the National Park System, we usually have the power of eminent
domain. We are reluctant to use that authority, and we doubt
that condemnation will be used at the Chattahoochee River
National Recreation Area. However, in the case of potentially
severe and irreparable damage to the resource or to clear
title, condemnation may be the only viable option. Therefore,
we recommend the deletion of Section 2(b)(1).
Finally, Section 2(d)(2)(D) specifies that a general
management plan be prepared for the new areas of the park and
requires submittal of the plan within three years after the
enactment of the Act. Because the additional areas would be
intertwined with the current Federal areas, and because the
recreation area has been affected by a tremendous increase in
land-based activities by visitors, we believe the National Park
Service, in alliance with its partners, would need to take a
fresh look at the management of the entire national recreation
area--not just the new areas. Thus, we recommend amending this
section to ensure that the general management plan covers the
entire recreation area.
In addition, this same section directs the submittal of the
new general management plan to Congress within three years
following enactment of the legislation. We believe that the
three-year time frame for completing the study should be tied
to the date funds are made available for that purpose, as has
become the customary way of providing for the timing of such
studies
This concludes my statement, Mr. Chairman. I will be happy
to respond to questions from you or other committee members.
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. 109, 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):
Public Law 95-344--An Act to Authorize the Establishment of the
Chattahoochee River National Recreation Area in the State of Georgia,
and for Other Purposes
Sec. 101. The Congress finds the natural, scenic,
recreation, historic, and other values of a forty-eight-mile
segment of the Chattahoochee River and certain adjoining lands
in the State of Georgia from Burford Dam downstream to
Peachtree Creek are of special national significance, and that
such values should be preserved and protected from development
and uses which would substantially impair or destroy them. In
order to assure such preservation and protection for public
benefit and enjoyment, there is hereby established the
Chattahoochee River National Recreation Area (hereinafter
referred to as the ``recreation area''). The recreation area
shall consist of the river and its bed together with the lands,
waters, and interests therein within the boundary originally
depicted on the map entitled ``Chattahoochee River National
Recreation Area'', numbered CHAT--20,003 and dated September
1984, and on the maps entitled `Chattahoochee River National
Recreation Area Interim Boundary Map #1', `Chattahoochee River
National Recreation Area Interim Boundary Map #2',
`Chattahoochee River National Recreation Area Interim Boundary
Map #3', and dated August 6, 1998, which shall be on file and
available for public inspection in the office of the National
Park Service, Department of the Interior. [Following reasonable
notice in writing to the Committee on Interior and Insular
Affairs of the United States House of Representatives and to
the Committee on Energy and Natural Resources of the United
States Senate of its intention to do so, the Secretary of the
Interior (hereinafter referred to as the ``Secretary'') may, by
publication of a revised map or other boundary description in
the Federal Register, (1) make minor revisions in the boundary
of the recreation area, and (2) revise the boundary to
facilitate access to the recreation area, or to delete lands
which would be of little or no benefit to the recreation area
due to the existence of valuable improvements completely
constructed prior to the date of enactment of this Act.] No
sooner than 180 days after the date of enactment of this Act,
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 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. The total area, exclusive
of the river and its bed, within the recreation area [may not
exceed approximately 6,800 acres] may not exceed 10,000 acres.
* * * * * * *
Sec. 102(a) Within the recreation area the Secretary is
authorized to acquire lands, waters, and interests therein by
donation, purchase with donated or appropriated funds, or
exchanges. Property owned by the State of Georgia or any
political subdivision thereof may be acquired only by donation.
* * * * * * *
[(f)(1) The Secretary shall exchange those federally owned
lands identified on the map referenced in section 101 of this
Act as `exchange lands' for non-Federal lands which are within
the boundaries of the recreation area. The values of the lands
exchanged under this subsection shall be equal, orshall be
equalized in the same manner as provided in section 206 of the Federal
Land Policy and Management Act of 1976.
(2) At three year intervals after the date of the enactment
of this subsection, the Secretary shall publish in the Federal
Register a progress report on the land exchanges which have
taken place and the exchanges which are likely to take place
under the authority of this subsection. Such report shall
identify the lands which are unsuitable for exchange pursuant
to such authority.
(3) Effective on the date ten years after the date of the
enactment of this subsection, the exchange lands identified
under paragraph (1) shall terminate. The exchanged lands
identified under paragraph (1) which have not been exchanged
prior to such date shall be retained in Federal ownership as a
part of the recreation area.
(4) The Secretary shall publish a revision of the boundary
map referred to in section 101 to exclude from the boundaries
of the recreation area any exchange lands which are used to
acquire non-Federal lands under paragraph (3).]
Sec. 103(a) The Secretary shall administer, protect, and
develop the recreation area in accordance with the Act of
August 15, 1916 (39 Stat. 535), and in accordance with any
other statutory authorities available to him for the
conservation and management of historic and natural resources,
including fish and wildlife, to the extent he finds such
authority will further the purposes of this Act. In developing
and administering the recreation area, the Secretary shall take
into consideration applicable Federal, State, and local
recreation plans and resource use and development plans,
including, but not limited to, the Atlanta Regional Commission
Chattahoochee Corridor Study, dated July 1972.
[(b) The Secretary is authorized and encouraged to enter
into cooperative agreements with the State or its political
subdivisions whereby he may assist in the planning for and
interpretation of non-Federal publicly owned lands within or
adjacent or related to the recreation area to assure that such
lands are used in a manner consistent with the findings and
purposes of this Act.]
(b) 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.
* * * * * * *
Sec. 105. [(a) From the appropriations authorized for
fiscal year 1978 and succeeding fiscal years pursuant to the
Land and Water Conservation Fund Act (78 Stat. 897), as
amended, not more than $72,900,000 may be expended for the
acquisition of lands and interests in lands authorized to be
acquired pursuant to the provisions of this Act.]
(a) Funding.--
(1) Authorization of appropriations.--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, and funding that may be made available as
a result of the settlement of litigation, there is
authorized to be appropriated for land acquisition for
the recreation area $25,000,000 for fiscal years after
fiscal year 1998.
(2) Donations.--The Secretary may accept a donation
of funds or land or an interest in land to carry out
this Act.
* * * * * * *
Sec. 105. [(c) Within] (c) General Management Plan._
(1) Initial plan._Within three years from the
effective date of this Act, the Secretary shall, after
consulting with the Governor of the State of Georgia,
develop and [transmit to the Committee on Interior and
Insular Affairs of the United States House of
Representatives] transmit to the Committee on Resources
of the House of Representatives and to the Committee on
Energy and Natural Resources of the United States
Senate a general management plan for the use and
development of the recreation area consistent with the
findings and purpose of this Act, indicating:
[(1)] (A) lands and interests in lands
adjacent or related to the recreation area
which are deemed necessary or desirable for the
purpose of resource protection, scenic
integrity, or management and administration of
the area in furtherance of the purposes of this
Act, the estimated cost of acquisition, and the
recommended public acquisition agency;
[(2)] (B) the number of visitors and types of
public use within the recreation area that can
be accommodated in accordance with the full
protection of its resources; and
[(3)] (C) the facilities deemed necessary to
accommodate and provide access for such
visitors and uses, including their location and
estimated cost.
(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.
* * * * * * *