[House Report 113-695]
[From the U.S. Government Publishing Office]


113th Congress}                                                { Report
                        HOUSE OF REPRESENTATIVES
 2d Session   }                                                { 113-695

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



 
       GREAT SMOKY MOUNTAINS NATIONAL PARK AGREEMENT ACT OF 2014

                                _______
                                

 December 22, 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

                        [To accompany H.R. 3806]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3806) to authorize payment of funds in 
accordance with the agreement entered into by the Tennessee 
Valley Authority, the State of North Carolina, Swain County, 
North Carolina, and the United States Department of the 
Interior, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Smoky Mountains National Park 
Agreement Act of 2014''.

SEC. 2. AUTHORIZATION.

    From funds previously appropriated to the National Park Service in 
the construction account for that agency in the Consolidated 
Appropriations Act, 2012 (Public Law 112-74), the National Park Service 
shall transfer $4,000,000 to counties within Great Smoky Mountains 
National Park in accordance with the Memorandum of Agreement entered 
into by the Tennessee Valley Authority and the United States Department 
of the Interior, dated February, 2010, that supersedes the agreement of 
July 30, 1943.

    Amend the title so as to read:
    A bill to authorize a settlement in accordance with the 
agreement entered into by the Tennessee Valley Authority and 
the United States Department of the Interior, and counties 
within the Great Smoky Mountains National Park.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3806, as ordered reported, is to 
authorize a settlement in accordance with the agreement entered 
into by the Tennessee Valley Authority and the United States 
Department of the Interior, and counties within the Great Smoky 
Mountains National Park.

                  BACKGROUND AND NEED FOR LEGISLATION

    As the federal government prepared World War II efforts, a 
dedicated power source was needed to supply facilities in 
eastern Tennessee that were building military planes. The 
government approached local governments in North Carolina with 
a plan to build Fontana Dam and Reservoir. The Department of 
the Interior, the Tennessee Valley Authority, the State of 
North Carolina, and local government within the Great Smokey 
Mountain National Park entered into what is known as the ``1943 
Agreement,'' which allowed the creation of the dam with the 
promise that a new road to would be built along the north shore 
of the new lake to replace the flooded 34-mile stretch of a 
road, NC-288. The lake is within Great Smoky Mountains National 
Park and the federal government now owns 83% of the surrounding 
county.
    In the 1960s, the National Park Service constructed 
approximately 7 miles of the new road before abandoning the 
effort due to environmental impacts and engineering problems. 
No further federal funding was received for the road until a 
2001 appropriation triggered a National Environmental Policy 
Act analysis of several options, including either the 
completion of the road (estimated at $700 million) to cut 
through the Great Smoky Mountains National Park, or a monetary 
settlement.
    In 2010, the Department of the Interior entered into a 
Memorandum of Agreement with local government within Great 
Smoky Mountains National Park and the Tennessee Valley 
Authority that provided for the federal government to make 
monetary payments not to exceed a total of $52 million, subject 
to appropriations, to settle the 1943 Agreement.
    In fiscal year 2010, two payments totaling $12.8 million 
were provided. These funds were derived from prior-year 
appropriations in the Department of Defense Appropriations Act 
of 2010 (Public Law 111-118), which included explicit authority 
for the Secretary of the Interior to make those payments for 
non-construction of the road. After that amount was paid, $39.2 
million of the $52 million provided for the Memorandum of 
Agreement remained.
    The Consolidated Appropriations Act of 2012 (Public Law 
112-74) contained $4 million in the National Park Service 
construction account for an additional payment. However, the 
Park Service has decided that it does not have adequate 
authority to deliver the funds despite committee report 
language specifying the payment. Enactment of H.R. 3806 would 
clarify the authority that is needed for the National Park 
Service to use those previously appropriated funds to make the 
$4 million payment.

                            COMMITTEE ACTION

    H.R. 3806 was introduced on December 23, 2013, by 
Congressman Mark Meadows (R-NC). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
May 20, 2014, the Subcommittee on Public Lands and 
Environmental Regulation held a hearing on the bill. On July 
16, 2014, the Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment in the nature of a 
substitute designated .071 to the bill; the amendment was 
adopted by unanimous consent. The bill, as amended, was then 
adopted and 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 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. 3806--Great Smoky Mountains National Park Agreement Act of 2014

    H.R. 3806 would direct the National Park Service (NPS) to 
transfer $4 million from previously appropriated funds to Swain 
County, North Carolina. The legislation would direct $4 million 
in unobligated funds, previously appropriated in the 
Consolidated Appropriations Act, 2012 (Public Law 112-74) for 
NPS construction, to be used for the transfer. Based on 
information provided by NPS, CBO expects that those funds would 
not be obligated and expended under current law. As a result, 
CBO estimates that enacting H.R. 3806 would increase direct 
spending by $4 million in 2015; therefore, pay-as-you-go 
procedures apply. Enacting H.R. 3806 would not affect revenues.

           CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3806, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 16, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                            --------------------------------------------------------------------------------------------
                                                                                                                                            2014-  2014-
                                                              2014   2015   2016   2017   2018   2019   2020   2021   2022   2023   2024    2019    2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.............................      0      4      0      0      0      0      0      0      0      0       0       4    4
--------------------------------------------------------------------------------------------------------------------------------------------------------

    H.R. 3806 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit Swain County, North Carolina.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
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. According to CBO, 
implementation of the bill would increase direct spending by $4 
million in 2015, despite the fact these funds have already been 
appropriated for this purpose.
    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, as ordered reported, is to authorize a 
settlement in accordance with the agreement entered into by the 
Tennessee Valley Authority and the United States Department of 
the Interior, and counties within the Great Smoky Mountains 
National Park.

                           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

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