[Senate Report 108-276]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 532
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-276
======================================================================


 
   JOHNSTOWN FLOOD NATIONAL MEMORIAL BOUNDARY ADJUSTMENT ACT OF 2003

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1521]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1521) to provide for additional lands to 
be included within the boundary of the Johnstown Flood National 
Memorial in the State of Pennsylvania, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 1521 is to modify the boundaries of the 
Johnstown Flood National Memorial in Pennsylvania, to include 
approximately 14 acres of additional land.

                          BACKGROUND AND NEED

    On May 31, 1889, the city of Johnstown, Pennsylvania, was 
devastated by the worst inland flood in our nation's history. 
At the time of the flood, the southwestern Pennsylvania city 
had a population of 30,000, with a thriving industrial economy 
fueled by the Pennsylvania Railroad and the nearby Cambria Iron 
Company. Located fourteen miles up the Little Conemaugh River, 
the old and poorly maintained South Fork Dam held the waters of 
the three-mile long Lake Conemaugh in check. At 4:07 in the 
afternoon, after several days of heavy rain, the South Fork Dam 
collapsed sending 20 million tons of water downstream to 
Johnstown. The collapse of the South Fork Dam resulted in 
property damage of $17 million and the loss of 2,209 lives. The 
flood was also the first disaster relief work for Clara Barton 
and the Red Cross.
    In 1964, Congress established the Johnstown Flood National 
Memorial to interpret the events leading up to the Johnstown 
flood, the flood itself, and of its effects on Johnstown and 
the nation. The Memorial is administered by the National Park 
Service.
    In 2001, approximately 12 acres adjacent to the Memorial 
and approximately 2.3 acres downstream from the Memorial (the 
historic South Fork Fishing and Hunting Club) became available 
for purchase. Acquisition of these properties would enhance the 
ability of the National Park Service to effectively tell the 
story of the events leading up to and following the flood. The 
National Park Service completed its environmental review of the 
properties, issuing a Finding of No Significant Impact in 2002.
    H.R. 1521 would modify the boundaries of the Memorial to 
include the additional 14 acres. The Secretary of the Interior 
is authorized to acquire the parcels by donation, purchase from 
willing sellers, or exchange.

                          LEGISLATIVE HISTORY

    H.R. 1521 was introduced by Representative Murtha on March 
13, 2003 and passed the House of Representatives by voice vote 
on October 15, 2003. The Subcommittee on National Parks held a 
hearing on H.R. 1521 on March 9, 2004. At the business meeting 
on April 28, 2004 the Committee on Energy and Natural Resources 
ordered H.R. 1521 favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on April 28, 2004, by unanimous voice 
vote of a quorum present recommends that the Senate pass H.R. 
1521.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles this bill as the ``Johnstown Flood 
National Memorial Boundary Adjustment Act of 2003.''
    Section 2 modifies the boundary of the memorial to include 
the area as depicted on the map entitled ``Johnstown Flood 
National Memorial, Cambria County, Commonwealth of 
Pennsylvania'', numbered N.E.R.O. 427/80,008, dated June 2003.
    Section 3 authorizes the Secretary of the Interior to 
acquire from willing sellers the land or interest in land as 
described in section 2 by donation, purchase with donated or 
appropriated funds, or exchange.
    Section 4 directs the Secretary of the Interior to 
administer lands added in section 2 as part of the Memorial in 
accordance with applicable laws and regulations.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out this Act in addition to amounts 
otherwise made available for land acquisition.

                   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, May 4, 2004.
Hon. Pete V. Domenici,
Chairmn, 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 H.R. 1521, the 
Johnstown Flood National Memorial Boundary Adjustment Act of 
2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1521--Johnstown Flood National Memorial Boundary Adjustment Act of 
        2003

    H.R. 1521 would expand the boundary of the Johnstown Flood 
National Memorial to include an additional 14 acres of land, 
which the National Park Service (NPS) would be authorized to 
acquire by purchase, donation, or exchange. The act would 
authorize the appropriation of whatever amounts are necessary 
to acquire and administer the new acreage.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the federal government would spend about $4.5 
million to implement H.R. 1521 over the next five years. About 
$1 million of that amount would be used to purchase the land 
within the proposed addition area over the next year or two. We 
expect that the NPS would spend the balance of the funds to 
restore four historic buildings on the newly acquired 
properties. Finally, we estimate that operating and maintaining 
the new property would cost about $500,000 annually after 
acquisition and development is complete.
    H.R. 1521 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.
    On October 3, 2003, CBO transmitted a cost estimate for 
H.R. 1521 as ordered reported by the House Committee on 
Resources on September 24, 2003. The two versions of the 
legislation are identical, as are the cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
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 H.R. 1521.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or 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 the 
enactment of H.R. 1521.

                        EXECUTIVE COMMUNICATIONS

    On February 25, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 1521. These reports 
had not been received whenthis report was filed. The testimony 
provided by the Department of the Interior at the Subcommittee hearing 
on H.R. 1521 follows:

Statement of P. Daniel Smith, Special Assistant, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on H.R. 1521, a bill to 
provide for additional lands to be included within the boundary 
of the Johnstown Flood National Memorial in the State of 
Pennsylvania.
    The amended bill, as passed by the House, would add six 
parcels of land to the boundary of the park to provide 
permanent protection for resources that are integral to the 
historic events that the park was established to commemorate. 
Five of the parcels, totaling 2.33 acres, are approximately 
three miles from the park in the village of Saint Michael where 
the former South Fork Fishing and Hunting Club was located. The 
sixth parcel, comprising approximately 12 acres, is adjacent to 
the current boundary. Land acquisition costs for these six 
parcels are approximately $805,000. All parcels are for sale by 
willing sellers.
    The Department supports the President's Initiative to 
address the deferred maintenance backlog and taking care of our 
current responsibilities. In this instance, we are faced with a 
unique situation concerning this boundary adjustment. The 
historic structures central to this acquisition have always 
been considered key components of the park, but were to be 
protected, maintained, and interpreted through a public-private 
partnership. However, the partner can no longer perform this 
function, based on financial problems. For this reason, the 
Department believes it is appropriate to move forward with this 
bill at this time.
    Johnstown Flood National Memorial comprises nearly 165 
acres in western Pennsylvania. The park's mission is to tell 
the stories of the events leading up to the Johnstown flood, of 
the flood itself, and of its effects on Johnstown and the 
nation.
    The addition of the South Fork Fishing and Hunting Club 
properties would significantly increase the park's capability 
to interpret the important events surrounding the Johnstown 
flood and the individuals associated with it.
    On May 31, 1889, a poorly maintained earthen dam breached, 
sending 20 million tons of water down the Little Conemaugh 
Valley into Johnstown and other surrounding communities. A 36-
foot wall of water rolled over the town at 40 miles per hour, 
flattening houses, trees, locomotives, and everything else in 
its path. By the disaster's end, 2,209 people had perished in 
the flood, another 40 died in the weeks after from typhoid, and 
property damage was estimated at $17 million. It was the worst 
inland flood in the nation's history and the first test of the 
newly formed American Red Cross, headed up by Clara Barton.
    A pivotal part of the story revolves around the South Fork 
Fishing and Hunting Club, located in Saint Michael, which in 
1879 had purchased an abandoned reservoir, repaired the old 
dam, and created a private lake and recreational area for its 
members. Because the dam was not properly constructed or 
maintained, it gave way after heavy rains pounded the area, 
overtaxing the Lake Conemaugh dam spillway and eventually 
causing the dam to fail.
    In 1986, the South Fork Fishing and Hunting Club Historic 
District was listed on the National Register of Historic Places 
at the state level of significance.
    In 1989, the Park Service and residents of Saint Michael 
undertook a joint planning effort, which produced the 
Preservation and Interpretation Plan for the South Fork Fishing 
and Hunting Club Historic District. This plan outlined concepts 
and guidance for basic visitor services, interpretation, 
cultural resource preservation and maintenance. As a result of 
the plan, there developed a structured partnership between the 
village of Saint Michael and the Park Service, designed to 
protect, maintain and manage the South Fork Fishing and Hunting 
Club clubhouse and other significant cottages in the historic 
district. The 1889 South Fork Fishing and Hunting Club 
Historical Preservation Society was formed to be the principal 
community body working with the Park Service in the 
implementation of the plan. Since the original planning 
efforts, the Society has obtained ownership of the Clubhouse, 
the Annex, the Moorehead Cottage, and the Brown Cottage. These 
properties were not originally included within the boundary of 
the park because it was understood that a local entity could 
adequately provide for their protection and interpretation.
    Unfortunately, the Society lacks the resources to continue 
to maintain the properties they own, let alone preserve and 
develop them according to approved plans. The Society is 
struggling to make mortgage payments, and while they are 
desperately seeking a solution, the properties are 
deteriorating and losing historic integrity. In 2000, the 
Society worked with a private, non-profit historic property 
development company to try and obtain private sector interest 
in purchasing the properties, but was not successful. There is 
an imminent threat to the protection of these resources. The 
private owner has already listed these historic structures and 
properties for sale on the open market.
    In 2001, the National Park Service completed a special 
resource study and environmental assessment to evaluate options 
for protection and interpretation of the additional parcels of 
land. Based upon the report, the Park Service proposed to add 
these parcels of land to the boundary of the park and to 
acquire the parcels in fee simple. Within the village of Saint 
Michael, four historically significant properties would be 
acquired. These structures include the former clubhouse of the 
South Fork Fishing and Hunting Club, the Clubhouse Annex, and 
two cottages built by club members. One undeveloped parcel, the 
Clubhouse Side-yard that sits between the Clubhouse and the 
Clubhouse Annex, would also be added. The final parcel would 
protect the historic viewshed of the park, preserving the rural 
character of the Unger House property (Elias Unger was 
president of the South Fork Fishing and Hunting Club), owned by 
the National Park Service.
    If the Park Service acquired the historic buildings, we 
would explore the option of a public-private partnership to 
lease the buildings to the private sector for commercial and 
residential use. Through our historic leasing program, the 
private sector could sign a long-term lease with the Park 
Service that would cover a portion of the operations and 
maintenance costs of the properties, which ranges from $75,000 
to $310,000. In addition, the private sector could rehabilitate 
the buildings, estimated to cost upwards of $2.9 million, using 
private funds in return for federal historic preservation tax 
credits. This would decrease the financial burden placed on the 
Park Service by the addition of these properties to the park. 
There has already been interest expressed by local businesses 
in this proposal.
    The proposal to add these properties to the boundary of the 
park has widespread support among the property owners, state 
and local governments, and the public who attended a public 
meeting in July 2001 in Saint Michael. Public comments received 
were unanimous in support of the proposal.
    We look forward to working with the local communities in 
Saint Michael and Johnstown to acquire these historically 
significant properties that will help tell the entire story of 
the events of the 1889 Johnstown Flood, from the actions 
leading up to the flood through its devastating aftermath.
    Thank you for the opportunity to comment. This concludes my 
prepared remarks. I would be glad to answer any questions that 
you or the members of the committee 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 Act H.R. 1521 as 
ordered reported.

                                  
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