[Senate Report 110-304]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 656
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-304

======================================================================



 
     ALABAMA LITTLE RIVER CANYON NATIONAL PRESERVE ENHANCEMENT ACT

                                _______
                                

                 April 10, 2008.--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. 1961]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1961) to expand the boundaries of the 
Little River Canyon National Preserve in the State of Alabama, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 2, line 6, strike ``July 31, 2007'' and insert 
``December 2007''.

                                Purpose

    The purpose of S. 1961 is to expand the boundaries of the 
Little River Canyon National Preserve in the State of Alabama.

                          Background and Need

    Located in northeast Alabama, Lookout Mountain forms a 
majestic plateau above surrounding valleys. The Little River 
starts on the top of Lookout Mountain and plunges through 
waterfalls and rapids, carving a deep canyon as it descends and 
finally cuts through the eastern escarpment of the Lookout 
Mountain plateau to reach the Coosa River and Weiss Lake.
    In 1992, Congress established the Little River Canyon 
National Preserve, as a unit of the National Park System, to 
conserve the Canyon's natural, scenic, and recreational 
resources. The Preserve offers opportunities for hunting, 
fishing, camping, hiking, kayaking, rafting, horseback riding, 
and other forms of outdoor recreation. S. 1961 would expand the 
boundary to include several areas along the eastern and western 
Canyon rims.
    When first established, the Preserve included lands owned 
by the State of Alabama and Alabama Power within the Preserve's 
boundary. Several years ago, Alabama Power sold its lands 
within the Preserve to the National Park Service. Currently, 
the Park Service owns approximately 13,000 acres within the 
Preserve.
    In recent years, several landowners have built large 
residential structures on the Preserve's eastern rim within the 
Canyon View Forest subdivision, directly across from a number 
of scenic overlooks including Crow Point. In response to these 
developments, S. 1961 would expand the Preserve boundary by 
approximately 1,650 acres to include lands in the Canyon View 
Forest development along with lands owned by Temple Inland 
which has recently announced its intent to liquidate its 
timberland holdings. The Canyon View Forest area includes 
approximately 1,216 acres and is the largest element of the 
proposed expansion.
    In addition to the Canyon View Forest, the bill would 
expand the boundary to include the following properties--115 
acres of adjacent holdings owned by a private landowner and 
Alabama Power, 48 acres owned by Jacksonville State University 
on the western rim, 122 acres on the Canyon's western rim, and 
155 acres on the south portion of the east rim.

                          Legislative History

    S. 1961 was introduced by Senator Sessions on August 2, 
2007. A similar measure (H.R. 5486) was introduced in the House 
of Representatives on February 25, 2008. The Subcommittee on 
National Parks held a hearing on S. 1961 on November 8, 2007. 
The Committee on Energy and Natural Resources ordered it 
favorably reported on January 30, 2008.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session, on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1961, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1961, the Committee adopted 
an amendment that changes the map date so that the bill 
references an updated map.

                      Section-by-Section Analysis

    S. 1961 amends section 2 of the Little River Canyon 
National Preserve Act of 1992 (16 U.S.C. 698q) to expand the 
boundary of the preserve to include land depicted on the map 
entitled, ``Little River Canyon National Preserve Proposed 
Boundary'' and dated December 2007.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1961--A bill to expand the boundaries of the Little River Canyon 
        National Preserve in the state of Alabama

    S. 1961 would expand the boundaries of the Little River 
Canyon National Preserve in Alabama. Assuming appropriation of 
the necessary amounts, CBO estimates that implementing S. 1961 
would cost about $10 million over the 2008-2013 period. 
Enacting this legislation would not affect direct spending or 
revenues.
    The bill 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.
    S. 1961 would add about 1,660 acres of land to the Little 
River Canyon National Preserve. Based on information provided 
by the National Park Service, CBO estimates that the federal 
government would acquire this land over a five-year period. The 
final cost would depend on future appraisals as well as how 
many acres within the new boundary are acquired. CBO estimates 
that expanding the boundary of the preserve would cost about 
$10 million over the 2008-2013 period. Because much of the land 
would be located along the edge of the canyon, we estimate that 
any additional operational costs would be insignificant.
    The CBO staff contact for this estimate is Daniel Hoople. 
This estimate was approved by Theresa Gullo, 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. 1961. 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 S. 1961, as ordered reported.

                Congressionally Directed Spending Items

    S. 1961, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications


    Statement of Katherine H. Stevenson, Acting Assistant Director, 
   Business Services, National Park Service, U.S. Department of the 
                                Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you today to present the views 
of the Department of the Interior on S. 1961, a bill to revise 
the boundary of the Little River Canyon National Preserve in 
the State of Alabama, and for other purposes.
    The Department supports S. 1961. S. 1961 would expand the 
boundaries of the Little River Canyon National Preserve 
(Preserve) to add approximately 1,656 acres that would be 
acquired by purchase from willing sellers or through donation. 
Appraisals have not been completed on any of the involved 
properties so the costs associated with the potential 
acquisitions are unknown. The Preserve currently includes 
13,797 acres, and the NPS roughly estimates acquisition costs 
to be between $9 million and $12 million. No funding has yet 
been identified for any of the acquisitions proposed in this 
bill. Funding for any of these acquisitions would be subject to 
the budget prioritization process of the National Park Service.
    Little River Canyon National Preserve was established as a 
unit of the National Park System by Public Law 102-427, to 
protect and preserve the natural, scenic, recreational and 
cultural resources of the area and to provide for public 
enjoyment of those resources. The Little River Canyon is 
located in northeast Alabama between Gadsden, Alabama and 
Chattanooga, Tennessee. Birmingham, Alabama is approximately 
100 miles southwest of the Preserve and Atlanta, Georgia is 
about 110 miles to the southeast.
    The Preserve contains an outstanding example of an 
Appalachian Plateau Province Canyon System and the canyon and 
the Little River together form one of the extraordinary natural 
features of Alabama. The Preserve is biologically diverse and 
home to a number of rare plants and animals. Numerous 
recreational pursuits are also available within the Preserve 
boundaries including a 23-mile canyon rim drive, which provides 
easy access to superlative scenic views.
    The Preserve also includes important scenic, natural, 
cultural, recreational, and scientific resources. Little River 
Canyon's stream resources are excellent and the Little River is 
classified by the State of Alabama as an Outstanding National 
Resource Water providing an opportunity for world-class 
whitewater boating. Little River is one of a very few river 
systems with most of its length atop a mountain, in this case, 
Lookout Mountain.
    The Preserve lies at the southern limits of the Cumberland 
Plateau and Little River Canyon is the deepest canyon in 
Alabama and one of the deepest in the eastern United States. As 
such, the Preserve contains some of the most rugged scenery in 
the southeast which contributes to significant biological 
diversity including habitat for a unique assemblage of plants 
and animals. In addition, the Preserve includes a wide 
assortment of archeological resources and historic sites.
    The acquisitions proposed in S. 1961 would help the 
National Park Service (NPS) meet the requirements established 
in the Preserve's enabling legislation, which direct the NPS to 
protect and preserve the scenic resources of Little River 
Canyon. Additionally, in the northeast portion of the Preserve 
the current boundary is narrow and many of the Preserve's 
recreational trails cross private property in that area. 
Expanding the boundary as proposed in S. 1961 would allow the 
NPS to purchase lands from willing sellers and enhance 
recreational resources for Preserve visitors by ensuring that 
these trails no longer cross private property.
    The current western boundary of the Preserve meanders back 
and forth across state and county roads which make up the 
Preserve's scenic drive. The boundary expansion proposed in S. 
1961 would relocate the boundary in this area to the western 
edge of the state and county rights-of-way. In addition to 
including land between the roads and the canyon within the 
Preserve boundary, this adjustment would allow the NPS to apply 
for federal highway funds in order to improve the roads to help 
them meet Federal Highway Administration safety standards. The 
present condition of this portion of the scenic drive is 
characterized by steep hills and locations where sight distance 
is limited. As a result, the NPS has had to install signs 
warning drivers of motor homes and other large vehicles to 
avoid the southern two-thirds of the drive for their own 
safety. Including the roads and the lands between them and the 
current park boundary within the Preserve would also make it 
feasible to add additional scenic overlooks and bicycle lanes.
    Mr. Chairman, this concludes my formal remarks. I would be 
happy to answer any questions you or any members of the 
subcommittee might have.

                        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. 1961 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):

           LITTLE RIVER CANYON NATIONAL PRESERVE ACT OF 1991


                           Public Law 102-427


 AN ACT To establish the Little River Canyon National Preserve in the 
                            State of Alabama

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           *       *       *       *       *       *       *

    Sec. 2(b). Area Included.--[The Preserve] (1) In General.-- 
The Preserve shall consist of the lands, waters, and interests 
in lands and waters generally depicted on the boundary map 
entitled ``Little River Canyon National Preserve'', numbered 
NA-LRNP-80,001C, and dated March 1992.
    (2) Boundary Expansion.--The boundary of the Preserve is 
modified to include the land depicted on the map entitled 
``Little River Canyon National Preserve Proposed Boundary'', 
numbered 152/80,004, and dated December 2007.
    (c) [Map] Maps.--The [map] maps referred to in subsection 
(b) shall--
          (1) be on file and available for public inspection in 
        the offices of the National Park Service of the 
        Department of the Interior in Washington, District of 
        Columbia; and
          (2) be filed with the appropriate offices of DeKalb 
        and Cherokee Counties in the State of Alabama.

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