[Senate Report 106-66]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 136
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-66

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               LOESS HILLS PRESERVATION STUDY ACT OF 1999

                                _______
                                

                  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. 776]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 776) to authorize the National Park 
Service to conduct a feasibility study for the preservation of 
the Loess Hills in western Iowa, 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 3, line 6, following the words ``conduct a'', 
insert the words ``suitability and''.
    2. On page 5, line 3, insert the words ``not to exceed'' 
after the word ``Act''.

                         purpose of the measure

    The purpose of S. 776 is to authorize the Secretary of the 
Interior to conduct a study of the suitability and feasibility 
of designating the Loess Hills in western Iowa as a unit of the 
National Park System, or such other appropriate designation, to 
protect and preserve the area's natural, cultural, and historic 
resources.

                          background and need

    The Loess Hills of western Iowa form a distinctive 
topographic region that extends in a narrow band along the 
eastern border of the Missouri River valley from the Missouri 
state line to the Plymouth County area north of Sioux City. 
Loess is a wind-deposited sediment composed predominantly of 
silt-sized quartz grains. The deposits are as thick as 200 
feet. Only in China are Loess deposits as thick as the Iowa 
deposits. Therefore, the Loess Hills represent the best example 
of loess topography in the United States. Two sites in the 
Loess Hills were designated ``National Natural Landmarks'' in 
1985. The Turin site contains 7,440 acres and the Little Sioux/
Smith Lake site contains 2,980 acres. The Turin site contains 
the largest expanse of undisturbed prairie in Iowa and the 
Little Sioux/Smith Lake site is associated with a long history 
of scientific study of loess deposits.
    The Iowa State Legislature, the Governor and the Loess 
Hills Alliance are all interested and supportive of efforts to 
preserve the area. On March 5, 1999 the Alliance adopted bylaws 
for the creation of a nonprofit organization to protect special 
natural and cultural resources while ensuring economic 
viability of the region through the creation of a common vision 
for Iowa's Loess Hills.

                          legislative history

    S. 776 was introduced by Senator Grassley and Senator 
Harkin on April 13, 1999. On April 15, 1999 the Subcommittee on 
National Parks, Historic Preservation and Recreation held a 
hearing on the following two bills regarding the Loess Hills in 
western Iowa:
          (1) S. 589, a bill to require the National Park 
        Service to undertake a study of the Loess Hills area in 
        western Iowa to review options for the protection and 
        interpretation of the area's natural, cultural, and 
        historical resources, introduced by Senator Harkin; and
          (2) S. 591, a bill to authorize a feasibility study 
        for the preservation of the Loess Hills in western 
        Iowa, introduced by Senator Grassley.
    Both bills are similar to S. 776.
    At its business meeting on May 19, 1999, the Committee on 
Energy and Natural Resources ordered S. 776, 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. 776, as 
amended as described herein.

                          committee amendment

    The amendment made two technical and conforming changes to 
the bill.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the ``Loess 
Hills Preservation Study Act of 1999''.
    Section 2 lists the findings which state the Loess Hills 
encompasses 600,000 acres in western Iowa; the area is the 
largest Loess formation in the United States and one of the two 
largest in the world; portions remain undeveloped and protect 
and preserve an historic, rare and unique natural resource; a 
program to study the area can only be successful with the 
cooperation and participation of local governments and 
landowners; the Loess Hills area was designated a National 
Natural Landmark in 1986; increasing development threatens the 
future stability and integrity of the area; and the Loess Hills 
area merits further study by the National Park Service, in 
cooperation with the State of Iowa, local governments and 
affected landowners. The purpose is to authorize the Secretary 
of the Interior to conduct a suitability and feasibility study 
to determine what measures should be taken.
    Section 3 defines key terms used in the bill.
    Section 4 (a) directs the Secretary to undertake a study of 
the Loess Hills area to review options for the protection and 
interpretation of the area's natural, cultural and historical 
resources. The study must include an analysis of the 
suitability and feasibility of designating the area as: a unit 
of the National Park System, a National Heritage Area or 
Heritage Corridor or such other designation as may be 
appropriate.
    Subsection (b) states that the study is to examine the 
appropriateness and feasibility of cooperative protection and 
interpretive efforts between the United States, the State, its 
political subdivisions, and non-profit groups and interested 
parties.
    Subsection (c) requires the Secretary to consult with State 
and local government entities, affected landowners and other 
interested public and private organizations and individuals.
    Subsection (d) requires the study to be completed within 
one year after funds are made available. Within 30 days of its 
completion, a report of the study, along with recommendations, 
is to be sent to the Senate Energy and Natural Resources 
Committee and the House of Representatives Committee on 
Resources.
    Section 5 authorizes funds not to exceed $275,000 to carry 
out the purposes of this Act.

                   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 25, 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. 776, the Loess Hills 
Preservation Study Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).

S. 776--Loess Hills Preservation Study Act of 1999

    S. 776 would direct the Secretary of the Interior to 
conduct a study of options to protect and interpret the Loess 
Hills area of Iowa. The study would analyze the suitability and 
feasibility of establishing the area as a unit of the National 
Park System (NPS), a National Heritage Area or Heritage 
Corridor, or other similar designation. The bill would 
authorize the appropriation of up to $275,000 to conduct the 
study, and it would require the Secretary to report on its 
findings and recommendations within one year of receiving 
funds.
    Assuming appropriation of the authorized amount, CBO 
estimates that implementing S. 776 would cost the federal 
government $275,000 over the next year to complete the required 
study and report. The bill would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
S. 776 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would have 
no significant impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was 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. 776. 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. 776, as ordered reported.

                        executive communications

    At the Subcommittee hearing a representative from the 
National Park Service testified in support of S. 589 and S. 
591. Both bills are similar to S. 776. The Department's 
testimony follows:

   Statement of Katherine H. Stevenson, Associate Director, Cultural 
  Resource Stewardship and Partnerships, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 589, a bill to 
provide for a study of the Loess Hills in western Iowa to 
review options for the protection and interpretation of the 
area's natural, cultural, and historical resources, and S. 591, 
which would also authorize a feasibility study for the 
preservation of the Loess Hills in western Iowa. The National 
Park Service supports the purposes of both bills. We support S. 
589 as drafted. With respect to S. 591, we would be pleased to 
work with the Subcommittee to provide technical and clarifying 
amendments.
    Both S. 589 and S. 591 would authorize the Secretary of the 
Interior to undertake a study of the Loess Hills, which range 
across six counties in western Iowa. A study would determine 
whether the areas are suitable and feasible to become a new 
addition to the National Park Service and would explore a 
partnership of non-Federal options for the protection and 
interpretation of the area's resources.
    Loess is a wind-deposited sediment composed predominantly 
of silt-sized quartz grains derived from desert surfaces, 
alluvial valleys, or glacial outwash plains. Colder winter 
temperatures caused a seasonal reduction in meltwater discharge 
that enabled prevailing westerly winds to lift the exposed 
outwash sediments into great clouds of dust and carry the finer 
material eastward. Subsequent erosion of this unusual 
accumulation of loess has created a unique landscape 
reminiscent of the badlands. The deposits of quartz silt that 
compose the hills are loosely compacted and porous, light in 
weight, and quite cohesive when dry. Nearly vertical slopes are 
maintained where the hills are deeply eroded. A striking 
feature of many steeper slopes is uniform, step-like terraces, 
known as ``catsteps,'' which appear to result from repeated 
downslope soil movement.
    Iowa's Loess Hills, which form a distinctive topographic 
region that extends in a narrow band along the eastern border 
of the Missouri River valley from the Missouri state line to 
the Plymouth County area north of Sioux City, are unique in 
this nation. Hills of this type can be found in only one other 
country in the world, that being the Republic of China. In 
recognition of their national significance, a portion of the 
Loess Hills in Monona and Harrison counties was designated as a 
National Natural Landmark in 1985. The Loess Hills represent 
the best example of loess topography not only in the Central 
Lowlands Natural Region, but also in the United States.
    In past years, the National Park Service has created its 
own priority list for special resources studies and the Loess 
Hills have been included as a priority for study. In accordance 
with Public Law 105-391, the National Park Service recently 
presented a priority list of studies to Congress for its 
consideration. This list includes the Loess Hills.
    Secretary Babbitt personally visited the Loess Hills last 
year and agrees with the Park Service's long-standing position 
that this area merits study to identify the best way to protect 
this unique area.
    Since 1996, the agency's Rivers and Trails Conservation 
Assistance Program (RTCA) has been working with local units of 
government and interest groups to develop a scenic by-way 
system in the Loess Hills. RTCA has agreed to assist the Loess 
Hills Alliance in a series of public meetings to discuss a 
variety of protection techniques for the area, including 
options that do not involve Federal or State ownership or 
management. These efforts will enable us to be fully inclusive 
of these partners in carrying out the study as proposed in S. 
589.
    This completes my statement. I will be pleased to answer 
any questions you or other members of the Subcommittee may 
have.

                        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 S. 776, as ordered 
reported.

                                
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