[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.

           *       *       *       *       *       *       *


                                  
