[House Report 107-491]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-491

======================================================================
 
   TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ISSUE RIGHT-OF-WAY 
 PERMITS FOR NATURAL GAS PIPELINES WITHIN THE BOUNDARY OF GREAT SMOKY 
                        MOUNTAINS NATIONAL PARK

                                _______
                                

  June 5, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3380]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3380) to authorize the Secretary of the Interior to issue 
right-of-way permits for natural gas pipelines within the 
boundary of Great Smoky Mountains National Park, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          purpose of the bill

    The purpose of H.R. 3380 is to authorize the Secretary of 
Interior to issue right-of-way permits for natural gas 
pipelines within the boundary of Great Smoky Mountains National 
Park.

                  background and need for legislation

    In 2000, the Sevier County Utility District in rural east 
Tennessee requested authority from the National Park Service 
(NPS) to tie in a natural gas pipeline to an already existing 
underground natural gas pipeline along U.S. Highway 441, the 
Gatlinburg-Pigeon Forge Spur. The existing pipeline was 
installed prior to the NPS acquisition of the right-of-way 
along the highway. After preparing to grant the request, it was 
discovered that, while the Secretary of the Interior possesses 
the authority to grant rights-of-way permits through units of 
the National Park System for various utility services, the 
Secretary did not possess the authority to grant a permit for 
natural gas or petroleum product pipelines.
    The pipeline would service the Westgate subdivision, a 
development project in Gatlinburg, Tennessee. Currently, these 
homes rely on propane and electricity to meet their energy 
needs. Given some air quality issues at Great Smoky Mountains 
National Park, it is in the best interests of the Park to 
permit natural gas pipelines as a clean alternative for new 
homes and businesses. No permits would be granted until all 
environmental and safety reviews have been conducted. Two other 
parks, the Blue Ridge and Natchez Trace Parkways, already have 
similar authority.

                            committee action

    H.R. 3380 was introduced on November 29, 2001, by 
Congressman William Jenkins (R-TN). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands 
and the Subcommittee on Energy and Mineral Resources. On March 
19, 2002, the Subcommittee on National Parks, Recreation, and 
Public Lands held a hearing on the bill. On May 22, 2002, the 
Full Committee met to consider the bill. The Subcommittee on 
National Parks, Recreation, and Public Lands and the 
Subcommittee on Energy and Mineral Resources were discharged 
from further consideration of the bill by unanimous consent. No 
amendments were offered. The bill was then ordered favorably 
reported to the House of Representatives by unanimous consent.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    compliance with house rule xiii

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would increase offsetting receipts by 
less than $500,000 per year.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 30, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3380, a bill to 
authorize the Secretary of the Interior to issue right-of-way 
permits for natural gas pipelines within the boundary of Great 
Smoky Mountains National Park.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3380--A bill to authorize the Secretary of the Interior to issue 
        right-of-way permits for natural gas pipelines within the 
        boundary of Great Smoky Mountains National Park

    H.R. 3380 would authorize the Secretary of the Interior to 
issue right-of-way permits for natural gas pipelines within the 
Great Smoky Mountains National Park. The bill would limit new 
permits to three specific sites within the park. Any permits 
issued under the bill would be subject to any terms and 
conditions that the Secretary establishes, including 
requirements to protect and restore federal lands during 
pipeline construction.
    CBO estimates that implementing H.R. 3380 would have no 
significant impact on the federal budget. According to the 
National Park Service, the agency probably would collect fees 
for the right-of-way permits; hence, pay-as-you-go procedures 
would apply. Based on information from the agency, however, we 
estimate that any increase in offsetting receipts from such 
fees would total less than $500,000 a year.
    H.R. 3380 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On August 16, 2001, CBO transmitted a cost estimate for S. 
1097, similar legislation, as ordered reported by the Senate 
Committee on Energy and Natural Resources on August 2, 2001. 
The bills are substantively similar, and our cost estimates are 
the same.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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