[Senate Report 107-72]
[From the U.S. Government Publishing Office]
Calendar No. 174
107th Congress Report
SENATE
1st Session 107-72
======================================================================
NATURAL GAS PIPELINES IN THE GREAT SMOKY MOUNTAINS NATIONAL PARK
_______
October 1, 2001.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1097]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1097) to authorize the Secretary of the
Interior to issue right-of-way permits for natural gas
pipelines within the boundary of the Great Smoky Mountains
National Park, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
purpose
The purpose of S. 1097 is to authorize the Secretary of the
Interior to issue right-of-way permits for natural gas
pipelines along various parkways and other roads within the
boundary of Great Smoky Mountains National Park.
background and need
Last year, the Sevier County Utility District (SCUD), a
rural utility provider in East Tennessee, requested permission
from the National Park Service to tie in to an existing
underground a natural gas pipeline that runs along U.S. Highway
441, the Gatlinburg-Pigeon Forge Spur. The existing pipeline
was installed prior to the National Park Service's acquisition
of the right-of-way along U.S. Highway 441. SCUD made the
request to provide natural gas services to the Westgate
subdivision, a ten phase development project in Gatlinburg,
Tennessee. Currently, these homes are being forced to rely on
alternate forms of energy, primarily electricity and propane.
After the Park Service had prepared to grant SCUD's request
for an easement along U.S. Highway 441's right-of-way, the
agency became aware that it lacks the legal authority to grant
a petroleum products easement, and that legislation is
necessary to resolve this issue. While the Secretary of the
Interior has general authority under 16 U.S.C. 79 to grant
rights-of-way permits through units of the National Park System
for various utility services, the authority does not include
installation of natural gas or petroleum products pipelines.
Great Smoky Mountains National Park experiences chronic air
quality problems, which is expected to worsen with the growth
taking place in communities near the park. The National Park
Service has indicated that it would be beneficial to have the
ability to permit natural gas pipelines as a clean alternative
for heating these new homes and businesses. The Park Service
would not grant any permits until it has conducted the same
safety, esthetic, environmental and historic preservation
reviews as it is required to conduct on any request for special
uses of the park. Two other linear parks, the Blue Ridge and
Natchez Trace Parkways, already have broad authority (16 U.S.C.
460a-8) which allows them to grant rights-of-way over, across
or upon parkway lands. S. 1097 would grant the National Park
Service limited authority to issue similar rights-of-way
permits within Great Smoky Mountains National Park.
legislative history
S. 1097 was introduced by Senator Thompson on June 25,
2001. The Subcommittee on National Parks held a hearing on S.
1097 on July 17, 2001. At its business meeting on August 2,
2001, the Committee on Energy and Natural Resources ordered S.
1097 favorably reported without amendment.
committee recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on August 2, 2001, by a voice vote of a
quorum present, recommends that the Senate pass S. 1097 as
described herein.
SUMMARY OF S. 1097
S. 1097 authorizes the Secretary of the Interior to issue
rights-of-way permits for existing natural gas pipelines that
are within the boundary of Great Smoky Mountains National Park,
if the pipeline is not otherwise authorized by Federal law and
is not subject to valid rights of property ownership. Any
permit issued is subject to any terms and conditions deemed
necessary by the Secretary.
S. 1097 also authorizes the Secretary to issue rights-of-
way permits for three pipelines proposed for construction in
the park along the Foothills Parkway, the Foothills Parkway
Spur between Pigeon Forge and Gatlinburg, and the Gatlinburg
Bypass. Any permits issued are subject any terms and conditions
deemed necessary by the Secretary, including provisions for the
protection of resources disturbed by pipeline construction and
assurances that construction and operation of the pipeline will
be compatible with the purposes of the park
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 16, 2001.
Hon. Jeff Bingaman,
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. 1097, a bill to
authorize the Secretary of the Interior to issue right-of-way
permits for natural gas pipelines within the boundary of the
Great Smoky Mountains National Park.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and Julie Middleton.
Sincerely,
Dan L. Crippen
Director.
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 1097--A bill to authorize the Secretary of the Interior to issue
right-of-way permits for natural gas pipelines within the
boundary of the Great Smoky Mountains National Park
S. 1097 would authorize the Secretary of the Interior to
issue right-of-way permits for the installation of natural gas
pipelines within the Great Smoky Mountains National Park. The
bill would limit the permits to three specific sites within the
park. Permits would be issued with certain conditions placed on
the permit holder such as provisions for the protection and
restoration of the land during pipeline construction.
CBO estimates that implementing S. 1097 would have no
significant impact on the federal budget. Because the National
Park Service would probably charge fees for the right-of-way
permits, pay-as-you-go procedures would apply, but CBO
estimates that any offsetting receipts earned from these fees
would be less than $500,000 a year.
S. 1097 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.
The CBO staff contacts for this estimate are Deborah Reis
and Julie Middleton. This estimate was approved by Peter H.
Fontaine, 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. 1097. The bill is not a regulatory measure in
the sense of imposing government-established standards or
significant 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 the
enactment of S. 1097.
executive communications
On July 27, 2001, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1097. These
reports had not been received at the time this report was
filed. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of John G. Parsons, Associate Regional Director for Lands,
Resources and Planning, National Capital Region, 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. 1097, which would
provide legal authority to permit existing and future natural
gas pipelines within a portion of Great Smoky Mountains
National Park near Gatlinburg, Tennessee.
The department supports S. 1097. This legislation would
help address the air pollution problem at Great Smokey
Mountains National Park by facilitating the use of natural
gas--a relatively clean source of energy--in an area where air
quality is poor.
S. 1097 would provide authority for the continuing
operation and maintenance of an existing gas main that runs
through Great Smoky Mountains National Park that has been in
place since the 1960's. And, it would allow the Secretary of
the Interior to authorize construction of new gas lines, where
otherwise appropriate, across several linear park lands managed
by Great Smoky Mountains National Park. The areas where the new
pipelines would be allowed are: the Foothills Parkway, which
extends parallel to the north boundary of the park for 70
miles; the Foothills Parkway Spur, a four-mile-long park road
(also U.S. 441) which connects the gateway communities of
Pigeon Forge and Gatlinburg; and the Gatlinburg Bypass which
links the Spur to the main body of the park. All three areas
are linear lands that are managed as scenic transportation
corridors. S. 1097 would not allow construction of natural gas
lines across the main body of the park.
The need for this legislation came to the attention of the
National Park Service last year, when Great Smoky Mountains
National Park received a request from Sevier County Utility
District in Tennessee for permission to install a new natural
gas pipeline across the park-owned Gatlinburg-Pigeon Forge Spur
right-of-way (U.S. 441) in order to provide gas service to a
new development in the city of Gatlinburg. Under 16 U.S.C. 79,
the Secretary of the Interior may permit rights-of-way through
units of the National Park System for electrical, phone, water,
sewer and some other utility services, but that general
authority explicitly does not authorize installation of natural
gas or petroleum product-bearing lines.
Between the 1990 Census and the 2000 Census the population
of Sevier County, Tennessee, which includes Gatlinburg and
Pigeon Forge, grew by 39 percent, making it the state's third
fastest-growing county. Within the county some of the most
rapid growth is occurring between the Foothills Parkway and the
main body of the park in the areas not currently served by
natural gas, other than the single six-inch line along the Spur
to Gatlinburg.
The single greatest natural resource problem in Great Smoky
Mountains National Park is declining air quality. Its vistas
are reduced by sulfate and particulate emissions. Ozone levels
in the park's higher elevations reaches levels that pose a
hazard to human health under Environmental Protection Agency
standards. High elevation streams and soils are becoming
increasingly acidified by airborne acid deposition which is
threatening plants, wildlife and aquatic systems. A large
proportion of this pollution is produced by coal-generated
electrical power plants. Significant progress is being made to
reduce emissions from power generation, and that progress could
be aided if the thousands of new homes and businesses that are
springing up in surrounding communities turn to the use of
natural gas for their heating needs. The authority provided by
S. 1097 would enable greater usage of natural gas.
The need for an authorization for existing natural gas
pipelines stems from the developments that led to current
National Park Service management of the Foothills Parkway Spur.
The Foothills Parkway Spur was built by the Federal government
in the 1950's on land acquired by the State of Tennessee and
donated by the Federal government. In 1963, an agreement was
signed between the National Park Service and the State of
Tennessee that called for the Spur to be transferred back to
the State after the Federal government built the Gatlinburg
Bypass on other lands donated by the State. Subsequent to the
1963 agreement, the National Park Service allowed construction
of a six-inch natural gas main down the Spur which still
provides the only gas service to Gatlinburg.
At that time, the National Park Service's only concern was
to ensure that the line's installation was acceptable to the
State of Tennessee as the land's future owner. Although the
Gatlinburg Bypass was completed in 1968, the State has
declined, for a variety of reasons, to accept the Spur back
into State ownership, leaving the National Park Service with a
pipeline it has no current authority to permit. This
legislation will allow for the continued operation and
maintenance of this line.
Mr. Chairman, this concludes my statement. I would 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 the bill S. 1097 as ordered
reported.