[House Report 113-594]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-594

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

 
     TO PROVIDE THAT THE OZARK NATIONAL SCENIC RIVERWAYS SHALL BE 
 ADMINISTERED IN ACCORDANCE WITH THE GENERAL MANAGEMENT PLAN FOR THAT 
        UNIT OF THE NATIONAL PARK SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

 September 15, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4182]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4182) to provide that the Ozark National Scenic 
Riverways shall be administered in accordance with the general 
management plan for that unit of the National Park System, and 
for other purposes, 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. 4182 is to provide that the Ozark 
National Scenic Riverways shall be administered in accordance 
with the general management plan for that unit of the National 
Park System.

                  Background and Need for Legislation

    H.R. 4182 directs the Secretary of the Interior to manage 
the Ozark National Scenic Riverways in such a way as to provide 
for maximum access to the rivers, and to require that new 
management procedures be no more restrictive than current 
practice.
    Created in 1964, the Ozark National Scenic Riverways (ONSR) 
was the first national park unit to protect a river system, and 
became the demonstration river for the Wild and Scenic Rivers 
program. The park is home to hundreds of freshwater springs, 
caves, trails and historic sites.
    In November 2013, the National Park Service (NPS) released 
a new Draft General Management Plan that would close public 
access points to the rivers in the park, close down 65 miles of 
horse trails, ban motorized vessels in areas of the park where 
they are currently allowed, and recommend new federal 
wilderness designations within the ONSR.
    Despite objections from the community, the Missouri State 
Legislature, and Members of Congress, NPS appears likely to 
approve the new plan. H.R. 4182 would ensure that the park 
continues to operate in the visitor-focused manner that it has 
for the last 30 years under the existing 1984 General 
Management Plan, with additional protections for private 
property rights and public access to the park.
    H.R. 4182 allows maximum public access points for 
traditional recreational activities such as fishing, canoeing, 
kayaking, boating, swimming, gigging, and floating while 
prohibiting the requirement for permits for river baptisms. 
Under the legislation, NPS will not manage lands within the 
ONSR as wilderness, and the bill protects the use of motorized 
vessels in a manner that is not more restrictive than policies 
in effect on November 21, 2013. Finally, H.R. 4182 would 
prevent the ONSR from being included in a ``National Blueway'' 
or other similar federal program.

                            Committee Action

    H.R. 4182 was introduced on March 6, 2014, by Congressman 
Jason Smith (R-MO). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On June 10, 2014, 
the Subcommittee held a hearing on the bill. On July 30, 2014, 
the Full Natural Resources Committee met to consider the bill. 
The Subcommittee on Public Lands and Environmental Regulation 
was discharged by unanimous consent. No amendments were 
offered, and the bill was adopted and ordered favorably 
reported to the House of Representatives by a roll call vote of 
25 to 15, as follows:


            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 4182--A bill to provide that the Ozark National Scenic Riverways 
        shall be administered in accordance with the general management 
        plan for that unit of the National Park System, and for other 
        purposes

    H.R. 4182 would direct the National Park Service (NPS) to 
manage the Ozark National Scenic Riverways in the state of 
Missouri in accordance with the existing general management 
plan that was developed in 1984. Based on information provided 
by NPS, CBO estimates that implementing the legislation would 
have no significant effect on the federal budget.
    The NPS is currently in the process of updating the general 
management plan for the Ozark riverways unit; however, CBO 
expects the legislation would not significantly affect costs 
for operations or maintenance. Enacting H.R. 4182 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 4182 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 contact for this estimate is Martin von 
Gnechten. The estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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 revenues or tax expenditures. Based on 
information provided by NPS, CBO estimates that implementing 
the legislation would have no significant effect on the federal 
budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide that the Ozark National 
Scenic Riverways shall be administered in accordance with the 
general management plan for that unit of the National Park 
System.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                           PUBLIC LAW 88-492


 AN ACT To provide for the establishment of the Ozark National Scenic 
      Riverways in the State of Missouri, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, for 
the purpose of conserving and interpreting unique scenic and 
other natural Establishment values and objects of historic 
interest, including preservation of portions of the Current 
River and the Jacks Fork River in Missouri as free-flowing 
streams, preservation of springs and caves, preservation of 
historical recreational activities, management of wildlife, and 
provisions for use and enjoyment of the outdoor recreation 
resources thereof by the people of the United States, the 
Secretary of the Interior (hereinafter referred to as the 
``Secretary'') shall designate for establishment as the Ozark 
National Scenic Riverways the area (hereinafter referred to as 
``such area'') generally depicted on map numbered NR OZA 7002 
entitled ``Proposed Ozark National Rivers'' dated December 1963 
which map is on file for public inspection in the office of the 
National Park Service, Department of the Interior: Provided, 
That the area so designated shall not include more than sixty-
five thousand acres of land now in private ownership and that 
no lands shall be designated within two miles of the present 
boundaries of the municipalities of Eminence and Van Buren, 
Missouri. The Secretary, with the concurrence of the State, 
shall designate for inclusion in the Ozark National Scenic 
Riverways, the lands composing Rig Springs, Alley Springs, and 
Round Spring State Parks, and the Secretary is hereby directed 
to negotiate with the State for the donation and the inclusion 
of such park lands in the Ozark National Scenic Riverways.

           *       *       *       *       *       *       *

  Sec. 5(a). In furtherance of the purposes of this Act, the 
Secretary is authorized to cooperate with the State of 
Missouri, its political subdivisions, and other Federal 
agencies and organizations in formulating comprehensive plans 
for the Ozark National Scenic Riverways and for the related 
watershed of the Current and Jacks Fork Rivers in Missouri, and 
to enter into agreements for the implementation of such plans. 
Such plans may provide for land use and development programs, 
for preservation and enhancement of the natural beauty of the 
landscape, and for conservation of outdoor resources in the 
watersheds of the Current and Jacks Fork Rivers.
  (b) The Secretary shall permit hunting and fishing on lands 
and waters under his jurisdiction within the Ozark National 
Scenic Riverways area in accordance with applicable Federal and 
State laws. The Secretary may designate zones where, and 
establish periods when, no hunting shall be permitted, for 
reasons of public safety, administration, or public use and 
enjoyment and shall issue regulations after consultation with 
the Conservation Commission of the State of Missouri.
  (c) Zones.--Except as provided by subsection (b), the 
Secretary may not designate management zones in the Ozark 
National Scenic Riverways, including but not limited to 
``Developed'', ``Resource-based Recreation'', ``Natural'', 
``Primitive'', ``Mixed-use River'', ``Seasonal Mixed-Use 
River'', and ``Nonmotorized River'' zones.
  (d) Horseback Riding.--The Secretary shall manage the Ozark 
National Scenic Riverways in a manner that allows the public to 
engage in recreational horseback riding in areas of the park 
traditionally used for that purpose.
  (e) Access to the River.--The Secretary shall manage the 
Ozark National Scenic Riverways in a manner that--
          (1) allows maximum public access points to the 
        riverways within the park for traditional recreational 
        activities such as fishing, canoeing, kayaking, 
        boating, swimming, gigging, and floating;
          (2) does not require a permit for a river baptism;
          (3) does not include the Ozark National Scenic 
        Riverways as part of a ``National Blueway,'' or other 
        similar program, as described in Secretarial Order No. 
        3321 issued by the Secretary of the Interior on May 24, 
        2012, with respect to the establishment of a National 
        Blueways System; and
          (4) does not manage lands within the Ozark National 
        Scenic Riverways as though they were specifically 
        designated as wilderness by Federal law absent such a 
        designation.
  (f) Use of Motorized Vessels.--The Secretary--
          (1) shall manage the Ozark National Scenic Riverways 
        to allow the use of motorized vessels in a manner that 
        is not more restrictive than the use restrictions in 
        effect on November 21, 2013; and
          (2) may manage the Ozark National Scenic Riverways to 
        allow the use of motorized vessels in a manner that is 
        less restrictive than the use restrictions in effect on 
        November 21, 2013.
  (g) Congressional Wilderness Designation.--No area contained 
within the Ozark National Scenic Riverways shall be eligible 
for congressional wilderness designation under the Wilderness 
Act of 1964 (Public Law 88-577).
  [Sec. 6.  The Ozark National Scenic Riverways shall be 
administered in accordance with the provisions of the Act of 
August 25, 1916 (39 Stat. 535), as amended and supplemented, 
and in accordance with other laws of general application 
relating to the areas administered and supervised by the 
Secretary through the National Park Service; except that 
authority otherwise available to the Secretary for the 
conservation and management of natural resources may be 
utilized to the extent he finds such authority will further the 
purposes of this Act.]

SEC. 6. ADMINISTRATION.

  The Secretary--
          (1) shall manage the Ozark National Scenic Riverways 
        in a manner that is not more restrictive than the 
        provisions of the general management plan for the Ozark 
        National Scenic Riverways in effect on November 21, 
        2013, to the extent that those provisions are 
        consistent with the Act and other applicable Federal 
        law; and
          (2) may manage The Ozark National Scenic Riverways in 
        a manner that is less restrictive than the provisions 
        of the general management plan for the Ozark National 
        Scenic Riverways in effect on November 21, 2013, to the 
        extent that those provisions are consistent with the 
        Act and other applicable Federal law.

                            DISSENTING VIEWS

    H.R. 4182 upends the National Park Service's public 
planning process for the Ozark National Scenic Riverways and 
locks in place a thirty-year-old management plan. Proponents of 
the bill claim that this level of heavy handed micro-management 
from Congress is necessary to maintain public access. Nothing 
could be further from the truth.
    Units of the National Park System routinely update their 
management plans. Updates are necessary to ensure that 
management practices and policies are in line with the demands 
of current use and the objectives for which the unit was 
established. This process is public and completely transparent.
    In the case of the Ozark National Scenic Riverways, the 
proposed Draft General Management Plan (DGMP) was open for 
public comment until February 7, 2014, and the park held a 
series of public meetings to solicit and receive feedback from 
stakeholders. Public scoping meetings were held in 2006 and 
2009, and several newsletters were sent to the public during 
that period. A preliminary version of the alternatives 
identified in the DGMP was issued to the public in May 2009 and 
a major stakeholder meeting was held in February 2010. Over 
12,000 comments have been submitted and analyzed, and park 
managers continue to work with the public to develop the 
updated management plan.
    Horseback riding and boating, including kayaking and 
motorized watercraft, are popular activities that draw visitors 
to the park. Bill proponents claim that the ongoing planning 
process and the identified preferred alternative will limit 
access and deter visitation. These activities and others are 
under consideration during the update of the management plan so 
that park managers can strike the appropriate balance between 
access and resource protection.
    The Ozark National Scenic Riverways hosted 1.4 million 
people and generated $56 million in economic activity in 2012 
alone. Tourism to the park is a large boost to the economy of 
Southern Missouri, and there is no plan by the National Park 
Service to unreasonably alter levels of access for popular 
activities. In fact, a new management plan will allow 
consideration of all uses and users to ensure that the park 
meets all its visitors' needs without damaging the natural 
environment it was created to protect.
    The public planning process works, and H.R. 4182 ignores 
this fact, taking away the opportunity for all stakeholders to 
participate in management decisions at Ozark National Scenic 
Riverways. Agencies must be able to work with the public to 
update their management practices to make sure our public lands 
are being looked after to the best of their abilities.
                                   Peter A. DeFazio.
                                   Raul M. Grijalva.

                                  
