[House Hearing, 107 Congress]
[From the U.S. Government Publishing Office]
H.R. 2234 AND H.R. 2238
=======================================================================
LEGISLATIVE HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS, RECREATION, AND PUBLIC LANDS
of the
COMMITTEE ON RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
__________
November 13, 2001
__________
Serial No. 107-75
__________
Printed for the use of the Committee on Resources
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COMMITTEE ON RESOURCES
JAMES V. HANSEN, Utah, Chairman
NICK J. RAHALL II, West Virginia, Ranking Democrat Member
Don Young, Alaska, George Miller, California
Vice Chairman Edward J. Markey, Massachusetts
W.J. ``Billy'' Tauzin, Louisiana Dale E. Kildee, Michigan
Jim Saxton, New Jersey Peter A. DeFazio, Oregon
Elton Gallegly, California Eni F.H. Faleomavaega, American
John J. Duncan, Jr., Tennessee Samoa
Joel Hefley, Colorado Neil Abercrombie, Hawaii
Wayne T. Gilchrest, Maryland Solomon P. Ortiz, Texas
Ken Calvert, California Frank Pallone, Jr., New Jersey
Scott McInnis, Colorado Calvin M. Dooley, California
Richard W. Pombo, California Robert A. Underwood, Guam
Barbara Cubin, Wyoming Adam Smith, Washington
George Radanovich, California Donna M. Christensen, Virgin
Walter B. Jones, Jr., North Islands
Carolina Ron Kind, Wisconsin
Mac Thornberry, Texas Jay Inslee, Washington
Chris Cannon, Utah Grace F. Napolitano, California
John E. Peterson, Pennsylvania Tom Udall, New Mexico
Bob Schaffer, Colorado Mark Udall, Colorado
Jim Gibbons, Nevada Rush D. Holt, New Jersey
Mark E. Souder, Indiana James P. McGovern, Massachusetts
Greg Walden, Oregon Anibal Acevedo-Vila, Puerto Rico
Michael K. Simpson, Idaho Hilda L. Solis, California
Thomas G. Tancredo, Colorado Brad Carson, Oklahoma
J.D. Hayworth, Arizona Betty McCollum, Minnesota
C.L. ``Butch'' Otter, Idaho
Tom Osborne, Nebraska
Jeff Flake, Arizona
Dennis R. Rehberg, Montana
Allen D. Freemyer, Chief of Staff
Lisa Pittman, Chief Counsel
Michael S. Twinchek, Chief Clerk
James H. Zoia, Democrat Staff Director
Jeff Petrich, Democrat Chief Counsel
------
SUBCOMMITTEE ON NATIONAL PARKS, RECREATION, AND PUBLIC LANDS
GEORGE P. RADANOVICH, California, Chairman
DONNA M. CHRISTENSEN, Virgin Islands Ranking Democrat Member
Elton Gallegly, California Dale E. Kildee, Michigan
John J. Duncan, Jr., Tennessee Eni F.H. Faleomavaega, American
Joel Hefley, Colorado Samoa
Wayne T. Gilchrest, Maryland Frank Pallone, Jr., New Jersey
Walter B. Jones, Jr., North Tom Udall, New Mexico
Carolina, Mark Udall, Colorado
Vice Chairman Rush D. Holt, New Jersey
Mac Thornberry, Texas James P. McGovern, Massachusetts
Chris Cannon, Utah Anibal Acevedo-Vila, Puerto Rico
Bob Schaffer, Colorado Hilda L. Solis, California
Jim Gibbons, Nevada Betty McCollum, Minnesota
Mark E. Souder, Indiana
Michael K. Simpson, Idaho
Thomas G. Tancredo, Colorado
C O N T E N T S
----------
Page
Hearing held on November 13, 2001................................ 1
Statement of Members:
McConnell, Hon. Mitch, a U.S. Senator from the State of
Kentucky, Statement submitted for the record on H.R. 2238.. 6
Pastor, Hon. Ed, a Representative in Congress from the State
of Arizona................................................. 7
Prepared statement on H.R. 2234.......................... 8
Radanovich, Hon. George P., a Representative in Congress from
the State of California.................................... 1
Prepared statement on H.R. 2234 and H.R. 2238............ 2
Rogers, Hon. Harold, a Representative in Congress from the
State of Kentucky.......................................... 2
Prepared statement on H.R. 2238.......................... 5
Statement of Witnesses:
Bowling, Karla L., Executive Director, Bell County Chamber of
Commerce, Middlesboro, Kentucky............................ 22
Prepared statement on H.R. 2238.......................... 24
Russell, Elise, Legislative Analyst, Conservation Policy,
National Parks Conservation Association, Washington, D.C... 19
Prepared statement on H.R. 2234.......................... 20
Soukup, Dr. Michael, Associate Director, Natural Resource
Stewardship and Science, National Park Service, U.S.
Department of the Interior, Washington, D.C................ 12
Prepared statement on H.R. 2234.......................... 13
Prepared statement on H.R. 2238.......................... 17
LEGISLATIVE HEARING ON H.R. 2234, THE TUMACACORI NATIONAL HISTORICAL
PARK BOUNDARY REVISION ACT OF 2001; AND H.R. 2238, A BILL TO AUTHORIZE
THE SECRETARY OF THE INTERIOR TO ACQUIRE FERN LAKE AND THE SURROUNDING
WATERSHED IN THE STATES OF KENTUCKY AND TENNESSEE FOR ADDITION TO
CUMBERLAND GAP NATIONAL HISTORICAL PARK, AND FOR OTHER PURPOSES.
----------
Tuesday, November 13, 2001
U.S. House of Representatives
Subcommittee on National Parks, Recreation, and Public Lands
Committee on Resources
Washington, DC
----------
The Subcommittee met, pursuant to call, at 2:05 p.m., in
Room 1334, Longworth House Office Building, Hon. George
Radanovich [Chairman of the Subcommittee] presiding.
STATEMENT OF THE HON. GEORGE RADANOVICH, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. Radanovich. Good afternoon. The Subcommittee on
National Parks, Recreation and Public Lands hearing on H.R.
2234 and H.R. 2238 is now in session, and I want to welcome
those that are here to review those two bills.
The Subcommittee will come to order. This afternoon the
Subcommittee on National Parks, Recreation and Public Lands
will hear testimony on two bills, H.R. 2234 and H.R. 2238.
Our first bill, H.R. 2234, is introduced by Congressman Ed
Pastor of Arizona. It would expand the boundary of Tumacacori
National Historical Park in the State of Arizona to include
approximately 310 acres of land adjacent to the park. The
boundary expansion would allow the Park Service to replant the
mission orchard and add a program with livestock farming as
well as develop more of the Juan Bautista de Anza National
Historic Trail.
Our second bill is H.R. 2238, introduced by Congressman
Harold Rogers of Kentucky, which would permit the Secretary of
the Interior to purchase Fern Lake and the surrounding
watershed in Tennessee and Kentucky for addition to the
Cumberland Gap National Historical Park. The boundary expansion
would allow the National Park Service to preserve the important
Fern Lake watershed as well as ensure the water supply for the
City of Middlesboro, Kentucky is protected for generations to
come.
At this time I would like to ask unanimous consent that
Congressmen Pastor and Rogers be permitted to sit on the dias
following the statements. Without objection, I assume, so
ordered.
And I would like to thank all of the witnesses for being
here today, and would turn my time over to Mrs. Christensen.
She sends her regrets, She is on the airplane as we speak,
coming to Washington.
[The statement of Mr. Radanovich follows:]
Statement of Hon. George Radanovich, a Representative in Congress from
the State of California
Good afternoon and welcome to the hearing today. The Subcommittee
will come to order. This afternoon, the Subcommittee on National Parks,
Recreation, and Public Lands will hear testimony on two bills--H.R.
2234 and H.R. 2238.
Our first bill, H.R. 2234, introduced by Congressman Ed Pastor of
Arizona, would expand the boundary of the Tu-ma-cacori National
Historical Park in the State of Arizona to include approximately 310
acres of land adjacent to the park. The boundary expansion would allow
the Park Service to replant the mission orchard and add a program with
livestock and farming, as well as develop more of the Juan Bautista de
Anz National Historic Trail.
Our second bill, H.R. 2238, introduced by Congressman Harold Rogers
of Kentucky, would permit the Secretary of the Interior to purchase
Fern Lake and the surrounding watershed in Tennessee and Kentucky for
addition to Cumberland Gap National Historical Park. The boundary
expansion would allow the National Park Service to preserve the
important Fern Lake watershed as well as ensure that the water supply
for the city of Middlesboro, Kentucky, is protected for generations to
come.
At this time, I would like to ask unanimous consent that
Congressman Pastor and Congressman Rogers be permitted to sit on the
dias following their statements. Without objection [PAUSE], so ordered.
I would like to thank all of our witnesses for being here today to
testify on these bills and now turn the time over to Mrs. Christensen.
______
Mr. Radanovich. So I will turn it over to Mr. Hefley, if
you have got any opening comments.
Mr. Hefley. No comments, Mr. Chairman.
Mr. Radanovich. Well, thank you. I will introduce our first
panel. Congressman Harold Rogers. Harold, good afternoon. And
please take the time needed to discuss your bill, H.R. 2238.
STATEMENT OF THE HON. HAROLD ROGERS, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF KENTUCKY
Mr. Rogers. Mr. Chairman, thank you very much, and Mr.
Hefley, for this opportunity that you have given us to discuss
these bills. The bill that I am testifying on behalf of, 2238,
was introduced jointly by Senator McConnell and myself earlier
on this year. I appreciate the Chairman's willingness to
reschedule this hearing in a timely manner to accommodate us.
We appreciate it very much. I know how difficult it has been to
get in this building lately, and we would hope and trust that
they have done a good job in preparing it for us.
I also want to introduce Karla Bowling from Middlesboro,
Kentucky who will be testifying on the second panel in support
of this important legislation.
She is the president of the local Chamber of Commerce in
Middlesboro, Kentucky, and hardly any one in Middlesboro would
know more about the tremendous economic and recreational
potential this legislation could bring to that region. I thank
her for traveling so far on such short notice to provide this
valuable insight.
Mr. Chairman, this bill is an essential piece of
legislation which will forever protect one of the most pristine
areas in the Commonwealth of Kentucky for future generations.
The bill aims to incorporate Fern Lake, an unspoiled body of
water nestled in the Appalachian Mountains on the Kentucky-
Tennessee border, into the Cumberland Gap National Historical
Park.
And if the Chairman and Mr. Hefley will notice, we have
some photographs before you of the property about which we are
talking. As you can see from those pictures and your folders,
the lake and the surrounding watershed are of unparalleled
beauty. Each photo captures the essence of what thousands of
park visitors already experience each year, because this
particular landscape is visible from Pinnacle Overlook, which
is the prime spot of the Cumberland Gap National Historical
Park, and the most popular attraction. This is what you see
from that pinnacle, at least some of it.
It is not hard to understand why this legislation is
needed, looking at these photographs, and why the Congress
should act quickly to ensure its preservation.
Mr. Chairman, in true democratic form, this legislation
finds its roots in a citizen petition delivered to me by the
mayor of Middlesboro, Ben Hickman. From there we sat down with
the National Park Service and brought them together with local
officials to create this win-win opportunity for the park and
the entire region.
In short, the bill will protect the lake as a clean and
safe source of water, enhance the scenic, recreational, and
wildlife value of the park, and increase tourism opportunities
in the tri-State areas of Kentucky, Virginia, and Tennessee.
For those who are unfamiliar with this part of the world,
the Cumberland Gap National Historical Park is 20,000 acres of
virtually untouched frontier countryside established by the
Congress in 1940. It is being called and has been called the
``first frontier'', where Daniel Boone blazed a trail through
these mountains. This gap in the mountains is the only place
along hundreds of miles where access was possible in the late
18th century, and led the way for thousands of other settlers
to find a new start in this new world.
And so many of those who live west of Kentucky, their
ancestors came through this gap on the way to the settlement of
what is now the western U.S. The Congress rightly recognized
the importance of permanently protecting this frontier. Today,
you are being asked to continue these endeavors by approving
this Fern Lake addition.
Because of the conditions set forth in the original
legislation, no appropriated funds can be used to purchase
additional acreage unless specifically authorized by Congress.
This bill provides that authorization and paves the way for an
additional 4,500 acres to be included in the park, if willing
sellers appear and if appropriations become available.
One of the principal goals of the legislation is to ensure
the continued use of the lake as a clean, safe water supply for
the city of Middlesboro and environs. This dam was constructed
in 1893, creating a 150-acre lake, and has been privately owned
for most of its existence. Last year, however, the lake went up
for sale on the open market, and there is considerable concern
that a new owner may not share the same interests as the
community.
Mrs. Bowling will testify that the lake is the sole water
source for the city, and many businesses in the area rely on
the uncommon purity of the water for their livelihood. Mrs.
Bowling was relating to me a few minutes ago that she is
staying overnight at one of our local hotels in Washington. She
turned on the water faucet for a glass of water. And having
been used to the purity of the water from Fern Lake, she was
absolutely almost poisoned by the water she drank here. She
said it tasted awful.
So it is imperative that we keep this watershed free from
the environmental hazards that overdevelopment might entail.
Under the legislation, the city would be allowed to purchase
Fern Lake water from the National Park Service, and in turn
those proceeds could be used by the National Park Service for
costs associated with managing the lake or other needs in the
park.
I understand the Park Service may offer clarifying language
regarding the disposition of the water supply. I want to state
for the record that I will continue to work with them to ensure
that they have the flexibility that they need. I have no doubt
the Park Service will prove to be a valuable steward of this
land, and I have complete confidence in their ability to craft
an acceptable solution that will meet the community's water
resource needs.
In fact, Mr. Chairman, the Park Service has already proven
its willingness to work constructively and openly on areas of
common concern. Whether it be protecting the rights of
landowners or protecting the landscape in unwanted mining or
commercial development, they have continually worked with the
community to ensure their water supply would remain untouched
and environmentally intact.
More recently, their offices have worked closely with mine
to ensure the language in this bill fully protects the private
property rights of those holding land within the proposed
acquisition boundaries. This was especially important to me
personally, as I have been troubled with the actions and
attitudes of previous administrations, and remain skeptical and
cautious when the government starts talking of taking new
Federal lands from private sources.
In crafting this bill, we took great care to make sure an
appropriate balance has been met between environmental
protection and the needs of the community. This legislation
builds upon the community's consensus and protects the property
rights of all affected land owners.
Not one parcel of this land will be acquired without the
firm consent of the owner. This will not be a taking. Not one
National Park Service management proposal will be implemented
until community leaders from the tri-State area are consulted.
These requirements are specified in bill language, with the
Park Service's full support.
Lastly, Mr. Chairman, it cannot be overstated how important
this legislation is to the economic well-being of the citizens
of the center of Appalachia. This proposed Federal investment
in our rich cultural heritage would certainly bring a lot of
added tourism revenue and jobs to an area that is absolutely
starved of both. Tourism is an essential part of this region's
economic development, and we have to seize every opportunity we
can to further strengthen that sector. We are leaving no stone
unturned in continuing efforts to build the Appalachian economy
and create quality jobs within the region.
We hope that the Subcommittee agrees with this request. And
we want to thank the Subcommittee and its Chairman, Mr. Hefley,
and others for rescheduling the hearing to accommodate us and
giving us every chance to make our case.
[The statement of Mr. Rogers follows:]
Statement of Hon. Harold Rogers, a Representative in Congress from the
State of Kentucky
Good afternoon, Chairman Radanovich, and other members of the
Subcommittee. I am pleased to have the opportunity today to discuss
H.R. 2238, the Fern Lake Conservation and Recreation Act of 2001,
introduced jointly by Senator McConnell and myself earlier this year. I
appreciate your willingness to reschedule this hearing in a timely
manner. We all know how difficult it has been for your subcommittee to
even function since the anthrax scare, so I'm grateful to be on the
docket so soon after the reopening of your offices.
I also want to introduce Ms. Karla Bowling from Middlesboro,
Kentucky, who will also be testifying this afternoon in support of this
important legislation. As the President of the local Chamber of
Commerce, hardly anyone in Middlesboro knows more about the tremendous
economic and recreational potential this legislation could bring to the
community, and I thank her for traveling so far on such short notice to
provide this valuable insight.
Mr. Chairman, the bill before you today is an essential piece of
legislation, which will forever protect one of the most pristine areas
in the Commonwealth of Kentucky for future generations. The bill aims
to incorporate Fern Lake, an unspoiled body of water nestled in the
Appalachian Mountains on the Kentucky-Tennessee border, into the
Cumberland Gap National Historical Park.
As you can see from the pictures on display and in your folders,
the lake and its surrounding watershed are of unparalleled beauty. Each
photo captures the essence of what thousands of Park visitors already
experience each year, as this spectacular landscape is visible from
Pinnacle Overlook, the most popular attraction in the Park. Just from
the photos alone, it is not hard to understand why this legislation is
needed, and why Congress should act quickly to ensure its preservation.
Mr. Chairman, in true democratic form, this legislation finds its
roots in a citizen petition, which was delivered to me by Mr. Ben
Hickman, the mayor of Middlesboro. From there, we sat down with the
National Park Service and brought them together with local officials to
create this win-win opportunity for the park and the entire region. In
short, this bill will protect the lake as a clean and safe source of
rural water, enhance the scenic, recreational, and wildlife value of
the Park, and increase tourism opportunities in the tri-state areas of
Kentucky, Virginia, and Tennessee.
For those on the subcommittee who are unfamiliar with this part of
the world, the Cumberland Gap National Historical Park is 20,000 acres
of virtually untouched frontier countryside, established by Congress in
1940. It is, as some say, the ``first frontier'', where Daniel Boone
blazed the Cumberland Gap trail in the late 18th century, leading the
way for thousands of other settlers hoping to find a fresh start in
this new world. Congress rightly recognized the importance of
permanently protecting this frontier, and today, you are being asked to
continue these endeavors by approving the Fern Lake addition. Because
of the conditions set forth in the original legislation, no
appropriated funds can be used to purchase additional acreage unless
specifically authorized by Congress. H.R. 2238 provides this
authorization, and paves the way for an additional 4,500 acres to be
included in the Park, if willing sellers appear, and appropriations
become available.
One of the principal goals of the legislation is to ensure the
continued use of the lake as a clean, safe water supply for the city of
Middlesboro. Constructed in 1893, the 150-acre lake has been privately
owned for most of its existence. Last year, however, the lake went up
for sale on the open market, and there is considerable concern that a
new owner may not share the same interests as the community. As Ms.
Bowling will testify, the lake is the sole water source for the city,
and many businesses in the area rely on the uncommon purity of the
water for their livelihood. It is therefore imperative that we keep
this watershed free from the environmental hazards that over-
development entail. Under the legislation, the City would be allowed to
purchase Fern Lake water from the National Park Service and those
proceeds could be used for costs associated with managing the lake or
other needs in the Cumberland Gap park.
I understand that the Park Service may offer clarifying language
regarding the disposition of the water supply, and I want to state for
the record that I will continue to work with them to ensure they have
the flexibility they need. I have no doubt that the Park Service will
prove to be a valuable steward of this land, and I have complete
confidence in their ability to craft an acceptable solution that will
meet the community's water resource needs.
In fact, Mr. Chairman, the Park Service has already proven its
willingness to work constructively and openly on areas of common
concern, whether it be protecting the rights of landowners or
protecting the landscape from unwanted mining or commercial
development. They have continually worked with the community to ensure
their water supply would remain untouched and environmentally intact.
More recently, their offices have worked closely with mine to
ensure the language in the bill fully protects the private-property
rights of those holding land within the proposed acquisition
boundaries. This was especially important to me personally, as I have
been troubled with the actions and attitudes of previous
Administrations and remain skeptical and cautious when the government
starts talking of new federal acquisition on private lands. In crafting
this bill, we took great care to make sure an appropriate balance had
been met between environmental protection and the needs of the
community. This legislation builds upon community consensus and
protects the property rights of all affected landowners. Not one parcel
of land will be acquired without the firm consent of the owner. Not one
National Park Service management proposal will be implemented until
community leaders from the tri-state area are consulted. These
requirements are specified in bill language, with the Park Service's
full support.
Lastly, Mr. Chairman, it can not be overstated how important this
legislation is to the economic well being of the citizens of rural
Appalachia Kentucky. This proposed federal investment in our rich
cultural heritage would certainly bring added tourism revenue and jobs
to this area, both of which are desperately needed in these trying
times. Tourism is an essential part of our region's economic
development, and we must seize every opportunity to further strengthen
this sector. I am leaving no stone unturned in my continuing efforts to
build the Appalachian economy and create quality jobs within the
region. I hope I can have this subcommittee's support in continuing
these endeavors.
That concludes my remarks, and I would ask that a statement from
Senator McConnell in support of the bill also be inserted in the record
at this time.
______
Mr. Rogers. Let me conclude by asking that a statement from
Senator McConnell in support of the bill also be inserted in
the record at this time.
Mr. Radanovich. There being no objection, so ordered.
[The information referred to follows:]
Statement of Senator Mitch McConnell, a U.S. Senator from the state of
Kentucky
Mr. Chairman, thank you for allowing me to submit a statement on a
clean water and conservation issue that is critically important to my
state - the acquisition of Fern Lake by the National Park Service.
As you may know, on June 19, 2001, I introduced legislation in the
Senate that parallels Congressman Rogers' legislation to authorize the
National Park Service to acquire Fern Lake as an addition to the
Cumberland Gap National Historic Park. Our bill, the Fern Lake
Conservation and Recreation Act of 2001, aims to protect this natural
landmark on the Kentucky-Tennessee border that has served as the
municipal water supply for Middlesboro, Kentucky since the lake was
constructed in 1893. Enabling the Park Service to acquire Fern Lake
will accomplish important environmental, aesthetic, and economic
objectives. First, NPS ownership of Fern Lake will ensure that the lake
remains a clean and safe source of rural water for Kentuckians. Second,
adding Fern Lake to the Cumberland Gap National Historical Park will
undoubtedly enhance the scenic and recreational value of the Park.
Third, NPS ownership of Fern Lake will increase tourism opportunities
in the three states that border the Park - Kentucky, Tennessee, and
Virginia - which will, in turn, increase economic development
opportunities in these areas.
Although Fern Lake has been privately owned for most of its
existence, it has been for sale since July 2000. Middlesboro citizens,
who rely on the Lake for their drinking water, are concerned that a new
private owner may not share their level of interest in protecting the
pristine quality of the water. To ensure that the quality of the lake
is protected for drinking water purposes, community leaders and town
residents have called for the Park to purchase Fern Lake. Under our
legislation, the Park will be required to maintain Fern Lake as a
source of clean drinking water, will be authorized to sell water to the
city of Middlesboro, and will allow the Secretary of the Interior to
spend the proceeds of the water sales without further appropriation.
This solution would guarantee management of this wonderful resource
consistent with the drinking water needs of the community.
The Park currently is prohibited by law from expanding its
boundaries by purchasing new land . with appropriated funds. Our
legislation, therefore, authorizes the Park to use appropriated funds,
if necessary, to purchase Fern Lake (and up to 4,500 acres of the
surrounding watershed) and to manage the lake for public recreational
uses. We recognize that the addition of Fern Lake to the Park will
increase the scenic and recreational values of Fern Lake, which will
enhance the tourism industry in three states - Kentucky, Tennessee, and
Virginia. Accordingly, our legislation provides that the Secretary of
the Interior will consult with appropriate officials in these states to
determine the best way to manage the municipal water supply and to
promote the increased tourism opportunities associated with Park
ownership of Fern Lake. Finally, like all responsible conversation
efforts, our bill requires that the Park acquire land from willing
sellers only.
The Department of Interior previously has demonstrated an interest
in protecting the Fern Lake watershed area. In 1996, the Secretary
declared 214 acres of the watershed on the Tennessee side of Fern Lake
unsuitable for surface coal mining, and in 1998, the National Park
Service took action again to protect the Kentucky side of the watershed
from surface coal mining.
Congressman Rogers and I believe that it is now time to provide
permanent protection for Fern Lake by including it in the Cumberland
Gap National Historic Park. We are proud that our legislation has been
endorsed by the National Parks Conservation Association, as well as by
the citizens and community leaders who are stakeholders in the Fern
Lake property. I urge the Committee to give this legislation favorable
consideration, paving the way for the National Park Service to protect
this natural treasure.
______
Mr. Rogers. Thank you, Mr. Chairman.
Mr. Radanovich. Thank you, Mr. Rogers. And please feel free
to join us on the dias when we--at any time for our next panel.
Mr. Pastor, welcome.
Mr. Rogers. Thank you. I appreciate it.
Mr. Radanovich. Please feel free to go ahead and talk about
H.R. 2234.
STATEMENT OF THE HON. ED PASTOR, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF ARIZONA
Mr. Pastor. First of all, let me submit my written
statement for the record and ask unanimous consent to revise
and extend my remarks.
Mr. Radanovich. No objection, so ordered.
Mr. Pastor. Good afternoon. I also would like to thank you
for giving us this opportunity to talk about 2234 and also for
rescheduling this hearing. And we greatly appreciate it.
Tumacacori is located in southeastern Arizona, and it is
one of the most beautiful national areas that you will find.
Arizona has many wonderful natural wonders, but this one is
extremely beautiful and pretty much undeveloped. In the 1600's
as the Spaniards came from Mexico into Arizona and New Mexico
and then north to other areas of the United States, they
developed a series of missions, and Tumacacori is one of the
missions that they established. So there is a lot of history in
this area.
In the 1900's President Roosevelt declared it a monument
and set aside about 10 acres, and in the 1990's it became a
park. We want to preserve the mission and also enhance the
property by expanding the boundary by 310 acres.
The owners of the land are willing to sell and have been
working with the Park Service. And because we want to
accommodate them, we need to move this bill as quickly as
possible. So we have willing sellers. The Park Service has been
working with the people adjacent to the mission.
Once the boundaries are expanded, what we would like to do
is protect a trail that borders the mission to Presidio further
north, the de Anza Trail. It is a trail that starts in Mexico,
extends through Arizona and into California and ends in San
Francisco.
It was one of the trails that was given a designation as
``millennium trails.'' We have the Park Service that wants to
expand the property. And what they expect to do is develop
orchards that were founded in the early 1600's and then go on
through the history of Tumacacori.
Also, we would like to build administration buildings and
storage buildings away from the mission. So that would be
another objective of this extension of the boundaries.
We would like to make this mission a living history
mission. It is today being visited by people who travel in
southeastern Arizona, and as they see the mission, we would
like to enhance the mission by adding a living history.
For example, today, if you were to travel to Tumacacori on
the weekend, the Native Americans who live adjacent to the
mission, you would be able to buy some of the artifacts that
they produce and also some of the food, Indian fried bread,
there at the mission.
We also want to protect the area that has many artifacts.
We want to preserve the history of this mission. It is a small
place in history, but we think it has a large place in our
civilization. And I know that this Subcommittee is wanting to
preserve as much as we can of our history in this country, and
by extending the boundaries of Tumacacori we will be able to
enhance the mission and enhance the living history of it and
preserve the history that we find in southeastern Arizona.
So I thank you, Mr. Chairman, for having this hearing. I
thank Chairman Hefley for being here, and my friend, Tom Udall
from New Mexico. If there are any questions, we will be happy
to answer them. But, again, very appreciative of having this
hearing.
[The statement of Mr. Pastor follows:]
Statement of Hon. Ed Pastor, a Representative in Congress from the
State of Arizona
Mr. Chairman, Madam Ranking Member, Members of the Subcommittee:
I appreciate the opportunity to come before you to discuss the
Tumacacori National Historic Park Boundary Revision Act, H.R. 2234. I
introduced the bill in June of this year in an effort to ensure that
the complete historical importance of the Tumacacori National Historic
Park is recognized.
H.R. 2234 would authorize the expansion of the Park by
approximately 310 acres of adjacent private property. It is my
understanding the property owners are willing to sell and most of the
acreage has already been listed.
To offer the Subcommittee a small bit of Southwest history,
Tumacacori is one of the chain of missions established by the Spanish
in the Pimeria Alta, or land of the Upper Pima Indians, from Sonora,
Mexico to San Xavier del Bac near Tucson, Arizona. After the
establishment by Father Kino of the Mission San Cayetano de Tumacacori
in 1691, a Jesuit church was built in the 1750's on the east side of
the Santa Cruz River and the mission was renamed San Jose de
Tumacacori.
The present church sitting on the site was completed in 1822 by the
Franciscans and in 1908, President Theodore Roosevelt set aside nine
acres immediately around the church as the Tumacacori National
Monument. Subsequent to that designation, boundary changes have
enlarged the Monument, and in 1990 the detached missions of Guevavi and
Calabazas were added and the Monument became a National Historical
Park.
The Park's General Management Plan called for the acquisition of
additional lands so Park support facilities could be built away from
the historic scene and to obtain the rest of the Mission orchard.
Two large properties now border the Park. A 90 acre ranch lies to
the south and east. This ranch contains the remains of the historic
orchard and other Mission related cultivated lands. To the north and
east, 220 acres of undeveloped lands contain remains of the Mission
fields and sites that show numerous artifacts such as pottery, lithics,
and fire hearths.
The expansion of the Park's boundary would allow the Park Service
to further enhance the visitor experience at Tumacacori, replant the
orchard and add a living history program, and develop more of the Juan
Bautista de Anza National Historic Trail that now exists on private
land between Tumacacori and the town of Tubac.
Last month, we passed the Department of Interior Appropriations Act
which included almost a million dollars to construct administration and
maintenance facilities at this Park, removing these functions from the
viewed historical areas. This is an important first step taken by this
Congress toward preserving the history of this monumental place and
this meaningful time. I ask that you take the next step by increasing
the boundaries of the Park.
Mr. Chairman, as this Subcommittee knows and appreciates,
preserving our history and heritage is crucial if we are to continue to
grow as a civilization. This small Mission is a small part of that
history, but it is a large part of the development of our civilization.
I appreciate you holding these hearings, and I look forward to
working with you and the Subcommittee, and Chairman Hansen and Ranking
Member Rahall toward its expedited consideration. Thank you.
______
Mr. Radanovich. Thank you. Any questions from any members?
Mr. Radanovich. Mark--Tom, we will go with you and then
Joel. Pardon me.
Mr. Hefley. I would be happy for Tom to go first.
Ed, is the trail still there, the trail you want to
protect, or is it just a place where the trail was?
Mr. Pastor. No, the trail is still there. In fact in
spring, we have the de Anza days, and we have the recreation of
Juan Bautista coming from Mexico into Arizona and following
this trail. The trail is there and we want to preserve it.
Right now it is in private hands and the owners of the private
property are willing to sell it.
So, the trail is there. We celebrate de Anza days. We want
to make sure that it becomes part of the park.
Mr. Hefley. What is still there of the mission? Is the
mission still there?
Mr. Pastor. The mission is still there. You can walk in. It
is standing. It has been refurbished a number of times and well
protected. So you can go in and see the mission that was there
and developed in the 1600's. The mission is standing.
Mr. Hefley. Well, that is certainly worth preserving. What
is this going to cost us, Ed?
Mr. Pastor. Well, I don't know, to be honest with you,
because that is still being worked out. I think the sellers
will settle down and give us some estimates. Appraisals will be
taken. And I guess, probably, your Committee staff just told
you what the number would be. But--.
Mr. Hefley. They said $2 million.
Mr. Pastor. Two million dollars. In this last
appropriation, there was a million dollars in the Interior bill
for the buildings, the administration building. And we will
work hard to obtain the appropriation through the appropriation
process.
Mr. Hefley. Do you anticipate having an appraisal of that?
Is that pretty much desert land?
Mr. Pastor. It is high plateau, so Sonoran Desert.
Mr. Hefley. Will there be an appraisal of that land?
Mr. Pastor. I think so. I think we follow whatever process
the Park Service has. And usually my experience has been it is
appraised, and then negotiations start with the owners. And
then once there is a final determination, then we go through
the appropriation process in acquiring that land.
Mr. Hefley. Okay. How big is this lake? I know we are
talking 4,500 acres. But the lake itself, how big is that?
Mr. Rogers. The lake is 150 acres. And all that they are
proposing now to acquire is a total of 750 acres, which
includes the 150-acre lake. The 150-acre lake and then 600
acres surrounding property.
The bill would authorize at some future time to acquire up
to 4,500 acres, sort of as a catch-all. But they would have to
have a willing seller, and we would have to find appropriations
for that. But that is not anticipated at this time.
Mr. Hefley. How much are we talking here for this?
Mr. Rogers. For this 750 acres? I don't know. It is under
negotiation. There has been--the Conservation Fund did an
appraisal of the land last year when it first went up for sale.
Their initial appraisal was $3.75 million.
Mr. Hefley. For the lake and 700 acres?
Mr. Rogers. For the total 750 acres, yes. But the owner is
asking for 5 million. It was appraised last year for 3.75. It
is a matter of negotiation.
Mr. Hefley. Is it and will it continue to be, if it is, a
recreational lake, a lake where people can fish, that kind of
thing?
Mr. Rogers. Absolutely. It is a beautiful--as you can see,
a beautiful lake. It has one old fishing lodge on it now. The
only development that I am aware of in this whole area is an
old fishing camp on the lake. It will be in continuous use by
the Park Service for recreational purposes. The Park Service
can perhaps help better with that than me.
If I can say this? This property was under threat to be
surface mined until last year or so, when the State finally
stepped in to block surface mining. So that is really what we
are afraid of, that this valley would be surface mined and this
lake spoiled.
Mr. Hefley. Well, it sounds like a natural. I would suggest
to you, coming from the West, and having dealt with the Federal
Government on Federal reserve water rights, that you make sure
those water rights are tied up for the city there, for the
town, before anything is done; because, you know, you don't
know what kind of an administration gets in and what they do
with that. So that ought to be pretty clear in law. I hope you
are planning to make sure of that.
Mr. Rogers. Right. You are exactly on target. I think this
bill devotes a lot of its attention to that very question. And
the Park Service has been mighty nice to deal with on it so
far. I feel confident that what you mentioned is true; it will
be taken care of.
Mr. Hefley. Thank you.
Mr. Radanovich. Mr. Udall.
Mr. Tom Udall. Thank you, Mr. Chairman. Let me first say
for the record that Ranking Member Rahall strongly supports
both of these pieces of legislation and would like to see the
Committee act upon them quickly.
It looks to me today--with our two witnesses here, it looks
like we have an appropriator's Committee day. And I was
thinking, Mr. Chairman, that we might benefit a lot more if we
could do these earlier in the year. It might be something that
we might try in the future.
Mr. Rogers. Would the gentleman yield?
Mr. Tom Udall. Sure. I would be happy to yield.
Mr. Rogers. We are here because we have already spent all
of the money we can find over there. We are just looking for
new sources here.
Mr. Radanovich. They planned it this way.
Mr. Tom Udall. Let me, first of all, just say a word about
what Mr. Pastor has talked about in terms of the Spanish
history. I know that Tumacacori has a strong Spanish history,
in, as you mentioned, New Mexico and many of our western
States. And I think that one of the things that people don't
realize here in the United States is how deep those Spanish
roots go.
I mean, I have families in New Mexico that trace their
lineage back 14 generations to the first Spaniard that came in,
de Onate, in 1598. So there is that history, there is that
tradition, and it is not known and understood. And I think by
doing things like this national historic park, we preserve it
there for people to learn about.
So I think that it is very important to do a bill like
this, and I applaud Congressman Pastor for coming forward with
this. Just a couple of quick questions on the--my understanding
is the management plan that was done in 1990, does that--does
that management plan call for this expansion?
Mr. Pastor. Yes, it does; because in the 1990's, they
realized that in order to protect the mission, Tumacacori, and
to make sure that the trail was also protected, that they would
have to extend the boundaries. And the owners realized that.
The owners of the land realized that. And because they also
want to protect Tumacacori, they are willing to sell the 310
acres, and so that is why we need to expand the park so that we
can get into negotiations with the owners and protect
Tumacacori.
Mr. Tom Udall. Have been there been any appraisals of the
310 acres?
Mr. Pastor. I don't know. I am assuming that the land
owners themselves probably have a sense of the value. But, the
area is practically undeveloped. And it is next to the Santa
Cruz River, and the potential for development in the future is
great and the probability is getting greater. I think everybody
understands that we need to protect the Tumacacori, the
mission; and the best way to do it, to expand its boundaries.
And the people who are selling the land also know the value of
Tumacacori, and they are willing sellers.
Mr. Tom Udall. Thank you. Thank you both for coming. I
yield back, Mr. Chairman.
Mr. Radanovich. Thank you, Mr. Udall. Mr. Acevedo-Vila.
Mr. Acevedo-Vila. I don't have any questions. I just want
to offer my support to both bills.
Mr. Radanovich. Thank you. Gentlemen, you are welcome to
join us on the dias, thank you very much for testifying. And
with that we will begin to seat our next panel.
Mr. Pastor. Thank you, Mr. Chairman.
Mr. Radanovich. Thank you very much.
With us now is Dr. Michael Soukup, who is with the National
Park Service, Department of Interior; Ms. Elise Russell, who is
the legislative analyst, Conservation Policy, of the National
Parks Conservation Association; and Ms. Karla Bowling,
executive director of Bell County Chamber of Commerce,
Middlesboro, Kentucky. Welcome to the Subcommittee.
Mr. Radanovich. Mr. Soukup, welcome again. I know that you
will be here on a very regular basis. What I would like to do
is start with you to comment on both bills. And then we will go
to our other guest witnesses as well.
STATEMENT OF MICHAEL SOUKUP, ASSOCIATE DIRECTOR, NATIONAL
RESOURCE STEWARDSHIP AND SCIENCE, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR
Mr. Soukup. Thank you, Mr. Chairman. I would like to just
summarize our written testimony which will be submitted to you.
Mr. Chairman, we thank you for the opportunity to present
the Department of Interior's position on H.R. 2234, and we
extend our thanks and appreciation to Congressman Pastor for
his interest in the resources and stories preserved and told at
Tumacacori National Historical Park. The Department supports
H.R. 2234.
H.R. 2234 would amend Public Law 101-344, the act
authorizing the establishment of Tumacacori National Historical
Park, and expand the boundary of the park by adding two
separate parcels.
Tumacacori National Historical Park is a 45-acre unit of
the national park system, because the mission is an outstanding
example of 18th century Spanish Colonial architecture, and
served as the source and center of a community and a way of
life that survived for centuries in a harsh and demanding
environment.
To tell that story means more than protecting a building.
It means presenting and protecting the resources that nourished
it--its orchards, its crops, and its fields. The proposed
additions to the boundary contain those resources.
The 18th and 19th century Tumacacori mission encompassed
not only a church and its associated compound, but also homes
for the native people. The mission supported itself by what it
could grow and graze on its lands along the Santa Cruz River.
With this bill, future visitors would understand that the
mission was not just a church, but a complete self-sustaining
community.
The nearby Santa Cruz River, a desert riparian area, is a
vital educational tool to understand how the native and mission
communities were able to develop and thrive in the desert.
The park's general management plan of 1996 identified the
need to acquire additional lands to obtain the rest of the
mission orchards. The two parcels of private land proposed to
be included in this Tumacacori National Historical Park
boundary are a 90-acre parcel to the south and east, and a 220-
acre parcel to the north and east.
The owners have expressed an interest in selling to the
National Park Service. The acquisition cost for the two parcels
are estimated at between 2- and $2-1/2 million, although actual
costs would not be known until appraisals on the land are
completed.
In the future, funding would be needed to develop visitor
use trails as well as to rehabilitate and replant the mission
orchards as called for in the general management plan. No other
visitor facilities will be built in the new areas.
An additional 1.5 FTE--that is, positions--1-1/2 positions
would be needed in personnel for the increased maintenance
responsibilities. Costs to accomplish these projects would
require one-time funding of approximately $250,000 for visitor
trails, waysides, and bridge construction, and $100,000 to
reconstruct and replant the orchard.
H.R. 2234 has generated a cross-section of support. The
county supervisor of the Santa Cruz County Board of
Supervisors, whose district includes the park, has expressed
support. Local community groups have expressed support for the
legislation, including the Friends of the Santa Cruz River, the
Anza Trail Coalition, and the Tubac Historical Society.
On a technical point, we have discovered that there is a
discrepancy between the name and the number on the map showing
this proposed boundary and the map reference in this bill. In
order to make the bill language consistent with the map, we
suggest that the map title on page 3, line 9 and 10 be changed
to read, ``Tumacacori National Historical Park, Arizona
Proposed Boundary Revision 2001,'' and the map number on page
3, line 11, be changed to read ``310/80,044.'' .
Mr. Chairman, this concludes my remarks on H.R. 2234.
[The prepared statement of Mr. Soukup on H.R. 2234
follows:]
Statement of Dr. Michael Soukup, Associate Director, Natural Resource
Stewardship and Science, National Park Service
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on H.R. 2234. This bill would revise
the boundary of Tumacacori National Historical Park in the State of
Arizona. We extend our thanks and appreciation to Congressman Pastor
for his interest in the resources and stories preserved and told at
Tumacacori National Historical Park (NHP).
The Department supports H.R. 2234. The legislation would allow the
park to fulfill the original purposes for which it was established,
create more opportunities to expand educational and recreational
partnerships within the new boundary and beyond, and has received the
support of the surrounding community. Expanding the boundary of
Tumacacori NHP would fulfill one of the goals identified in the park's
approved General Management Plan, and the owners of the lands proposed
for addition have expressed a willingness to sell.
H.R. 2234 would amend Public Law 101-344, the Act authorizing the
establishment of Tumacacori National Historical Park, and expand the
boundary of the park by adding two separate parcels, which are adjacent
to the original Tumacacori unit of the park and total approximately 310
acres. The legislation also defines the purpose for adding these lands.
Tumacacori National Historical Park is a 45-acre unit of the
National Park System because the mission is an outstanding example of
18th century Spanish Colonial architecture and served as the source and
center of a community and a way of life that survived for centuries in
a harsh and demanding environment. To tell that story means more than
protecting a building. It means protecting the resources that nourished
and maintained it - its orchards, crops, and fields. The proposed
additions to the boundary contain these resources.
Tumacacori is one of a chain of missions established by the Spanish
in the Pimer!a Alta (land of the Upper Pima Indians) from Sonora,
Mexico to San Xavier del Bac near Tucson. Father Kino established
Mission San Cayetano de Tumacacori approximately forty miles south of
present day Tucson in 1691. At its height, the mission land grant
included nearly 6,000 acres.
Theodore Roosevelt set aside 9 acres immediately around the church
as Tumacacori National Monument in 1908. The boundary of the monument
was revised with the addition of 6 acres in 1978. In 1990 the missions
of Guevavi (8 acres) and Calabazas (22 acres), to the south along the
Santa Cruz River, were added and the park redesignated a National
Historical Park.
The 18th and 19th century Tumacacori Mission encompassed not only a
church and its associated compound, but also homes for the native
people. The mission supported itself by what it could grow and graze on
its lands along the Santa Cruz River. Vegetables and fruits grew in a
large (5 acre) walled orchard and garden irrigated by the acequia
(irrigation ditch). Eventually homesteaders settled mission lands, and
by the time Tumacacori National Monument was set aside all of the
former mission lands were in private ownership. Today the mission
stands divorced from its land and people. One quarter of the historic
orchard and its still visible wall remains. The majority of the
acequia, mission farmland and a section of the Santa Cruz River all lie
on adjacent private land.
The park's General Management Plan (1996) identified the need to
acquire additional lands to obtain the rest of the mission orchard.
Acquisition of the entire historic remains of the orchard, former
mission farmlands and the acequia would allow the park to recreate a
19th century cultural landscape. Future visitors would understand that
the mission was not just a church but a complete self-sustaining
community. The nearby Santa Cruz River, a desert riparian area, is a
vital educational tool to understand how the native and mission
communities were able to develop and thrive in the desert. In addition,
expansion of the park boundary would allow the National Park Service to
enhance the recreational experience of visitors along the Juan Bautista
de Anza National Historic Trail between Tubac and Tumacacori as well as
partner with communities all along the Santa Cruz River to further
develop the recreational and educational values of the trail.
The two parcels of private land proposed to be included in the
Tumacacori NHP boundary are a 90-acre parcel to the south and east and
a 220-acre parcel to the north and east. The owners have expressed
their interest in selling to the National Park Service. Acquisition
costs for the two parcels are estimated at $2,000,000 to $2,500,000,
although actual costs would not be known until appraisals on the land
are completed. A non-profit group may be willing to purchase the
properties and hold them for a short period of time until the National
Park Service is able to designate land acquisition funding.
Since the National Park Service intends to return the proposed
additional lands to a 19th century cultural landscape there will be
little additional park operational funding needed. Park staff would be
able to provide a basic level of resource protection to lands that are
acquired through existing financial resources. In the future, funding
will be needed to develop visitor use trails as well as to rehabilitate
and replant the mission orchard as called for in the General Management
Plan. No other visitor facilities will be built in the new areas. An
additional 1.5 FTE would be needed in personnel for the increased
maintenance responsibilities. Costs to accomplish these projects would
require one-time funding of approximately $250,000 for visitor trail,
waysides and bridge construction and $100,000 to reconstruct and
replant the orchard. A $78,000 base increase for maintenance staff
would be needed.
H.R. 2234 has generated a cross-section of support. The county
supervisor on the Santa Cruz County Board of Supervisors whose district
includes the park has expressed support. Local community groups that
have expressed support for the legislation include the Friends of the
Santa Cruz River, the Anza Trail Coalition and the Tubac Historical
Society.
We have discovered that there is a discrepancy between the name and
number of the map showing this proposed boundary expansion and the map
reference in the bill. In order to make the bill language consistent
with the map we suggest that the map title on page 3, line 9 and 10 be
changed to read ``Tumacacori National Historical Park, Arizona Proposed
Boundary Revision 2001'' and the map number on page 3, line 11 be
changed to read ``310/80,044''.
Mr. Chairman, this concludes my prepared remarks. I would be
pleased to answer any questions you or other members of the
subcommittee may have.
______
Mr. Soukup. I would like to proceed with my comments.
Again, I will just summarize our written testimony.
Mr. Chairman, we thank you for the opportunity to present
the views of the Department of Interior on H.R. 2238, to
authorize the Secretary of the Interior to acquire Fern Lake
and the surrounding watershed in the States of Kentucky and
Tennessee for addition to Cumberland Gap National Historical
Park.
We extend our thanks to Congressman Rogers for his interest
in this bill and his ongoing interest in the Cumberland Gap
National Historical Park.
The Department supports H.R. 2238. The Department does have
one concern about the National Park Service taking on a new
responsibility--in this case assuring the continued supply of
safe, clean drinking water for the city of Middlesboro,
Kentucky.
H.R. 2238 would authorize the Secretary of the Interior to
purchase a 4,500-acre area located in Kentucky and Tennessee,
adjacent to Cumberland Gap National Historical Park, and that
contains Fern Lake and its watershed.
Existing law allows the National Park Service to acquire
this area, but not by purchase with appropriated funds. H.R.
2238 would allow the National Park Service to acquire the area
by the use of donated or appropriated funds as well as by
donation or by a land exchange. Purchase of the property would
be allowed only with the consent of the owner.
The authority to purchase the Fern Lake area is necessary
because the owner of the 150-acre lake and about 600 acres of
land surrounding the lake intends to sell the property. The
remainder of the 4,500 acres of the watershed is not on the
market at this time, but if it becomes available for purchase
in the future, this legislation would provide the necessary
authority for its acquisition.
In addition, H.R. 2238 would allow the Secretary of the
Interior to enter into contracts to facilitate the sale and
distribution of water from Fern Lake to the city of
Middlesboro, Kentucky and environs. It would allow the proceeds
from the sale of the water to be used for the park. The
National Park Service would be required to manage recreational
use of the lake in a manner that is consistent with protecting
the lake as a source of safe, clean drinking water.
The National Park Service policies generally prohibit the
use of water resources in parks for entities outside of parks.
However, Fern Lake, a reservoir constructed in 1893, is
currently the sole source of water for Middlesboro, and we
believe it is appropriate in this case to continue to allow
Middlesboro to draw water from this source, since this is a
traditional use and does not threaten park resources.
The bill attempts to provide flexibility to allow different
options for ownership of the water supply, allowing the
decision on the water ownership to be made as part of the
negotiations for the purchase of Fern Lake.
We agree with this approach and the approach that the
legislation takes in terms of providing this flexibility.
However, we believe that language concerning the disposition of
water after acquisition needs clarification. And we plan to
submit an amendment for your consideration.
With all of these options we need to be careful about the
National Park Service taking on new responsibilities that are
outside of its core mission or area of expertise and that are
not assumed in current funding levels.
Cumberland Gap National Historical Park, established by the
act of June 11th, 1940, commemorates the migration of hundreds
of thousands of people who moved from the populous eastern
States, west across the Appalachian Mountains by way of
Cumberland Gap, to settle land in Kentucky, Tennessee, and
beyond in the late 18th and 19th centuries.
The park currently consists of about 20,000 acres in
Virginia, Kentucky and Tennessee, and is authorized to include
up to 50,000 acres. The park's most visited attraction is
Pinnacle Overlook where visitors can see Kentucky, Virginia,
and Tennessee and gain an appreciation of the landscape that
played such a critical role in the development of our Nation.
Fern Lake is visible from that overlook.
Having Fern Lake under National Park Service management
would produce many benefits. It would protect the watershed
from future threats of development and thus help protect for
the long term the landscape and the views the park is known
for.
It would allow for public recreational use of the lake that
is currently only available to private club members. It would
also allow the development of more hiking trails in the park.
These additional attractions would thus increase
recreational opportunities in a region that is working hard to
generate tourism.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog, and is concerned about the development and
life cycle operational costs associated with expansion of parks
already included in the National Park System.
Adding Fern Lake watershed to Cumberland Gap National
Historical Park would entail land acquisition costs as well as
additional operating and maintenance costs. The owner of the
lake and surrounding properties, approximately 750 acres, has
offered the property for $5 million. But the actual cost of the
property will not be known until an appraisal is done and a
determination is made about whether or not to acquire the water
supply.
If, however, the National Park Service acquires the water
supply, some revenue would accrue to the park from the sale of
the water. And I understand that is roughly about $85,000 per
year. In addition, we anticipate some additional operating
costs and maintenance costs associated with making the newly
acquired land available for public use.
Establishing trails and building or remodeling facilities
around the lake would entail one-time development costs. There
would be recurring annual costs associated with staff needed
for resource protection and visitor services in the new area.
We do not have an estimate of these costs at this time, but we
know that if the full 4,500 acres of the watershed is acquired,
it would increase the size of the park by about 22 percent.
In summary, the Department supports H.R. 2238 as a means to
help assure protection of the natural and cultural resources of
Cumberland Gap National Historical Park and to provide
important benefits for the surrounding communities through the
acquisition of land from willing sellers.
Mr. Chairman, that concludes my remarks. I would be pleased
to answer questions.
[The prepared statement of Mr. Soukup on H.R. 2238
follows:]
Statement of Dr. Michael Soukup, Associate Director, Natural Resource
Stewardship and Science, National Park Service, U.S. Department of the
Interior
Mr. Chairman, thank you for the opportunity to present the views of
the Department of the Interior on H.R. 2238, to authorize the Secretary
of the Interior to acquire Fern Lake and the surrounding watershed in
the States of Kentucky and Tennessee for addition to Cumberland Gap
National Historical Park.
The Department supports H.R. 2238, but is concerned about the
National Park Service taking on new responsibilities, such as
overseeing municipal water supply management, that are outside of its
core mission and area of expertise. This legislation would help protect
the magnificent landscape at Cumberland Gap National Historical Park
and provide additional recreational opportunities for visitors. It
would also help assure the continued supply of safe, clean drinking
water for the city of Middlesboro, Kentucky.
H.R. 2238 would authorize the Secretary of the Interior to purchase
a 4,500-acre area located in Kentucky and Tennessee adjacent to
Cumberland Gap National Historical Park that contains Fern Lake and its
watershed. Existing law allows the National Park Service to acquire
this area, but not by purchase with appropriated funds. H.R. 2238 would
allow the National Park Service to acquire the area by use of donated
or appropriated funds, as well as by donation, or by a land exchange.
Purchase of the property would be allowed only with the consent of the
owner.
The authority to purchase the Fern Lake area is necessary because
the owner of the 150-acre lake and about 600 acres of land surrounding
the lake intends to sell the property. The remainder of the 4,500 acres
of the watershed is not on the market at this time, but if it becomes
available for purchase in the future, this legislation would provide
the necessary authority for its acquisition.
In addition, H.R. 2238 would allow the Secretary of the Interior to
enter into contracts to facilitate the sale and distribution of water
from Fern Lake for the City of Middlesboro, Kentucky and environs. It
would allow the proceeds from the sale of the water to be used for the
park. The National Park Service would be required to manage
recreational use of the lake in a manner that is consistent with
protecting the lake as a source of safe, clean drinking water.
National Park Service policies generally prohibit the use of water
resources in parks for entities outside of parks. However, Fern Lake, a
reservoir constructed in 1893, is currently the sole source of water
for Middlesboro, and we believe it is appropriate in this case to
continue to allow Middlesboro to draw water from this source, since
this is a traditional use and does not threaten park resources.
The bill attempts to provide flexibility to allow different options
for ownership of the water supply, allowing the decision on the water
ownership to be made as part of the negotiations for the purchase of
Fern Lake. One possibility would be for the National Park Service to
acquire the water supply, in which case the Service would contract with
a utility for the distribution of the water. Another option would be
for the National Park Service to acquire only an interest in the water
while another entity, such as the water utility, acquires the water
supply. We agree with the approach that the legislation takes in terms
of providing this flexibility; however, we believe that language
concerning the disposition of water after acquisition needs
clarification, and we plan to submit an amendment for your
consideration. With all of these options, we need to be careful about
the National Park Service taking on new responsibilities that are
outside of its core mission or area of expertise and that are not
assumed in current funding levels.
Cumberland Gap National Historical Park, established by the Act of
June 11, 1940 (54 State 262; 16 U.S.C. 261 et seq.), commemorates the
migration of hundreds of thousands of people who moved from the
populous eastern states west across the Appalachian Mountains by way of
Cumberland Gap to settle land in Kentucky, Tennessee, and beyond in the
late 18th and early 19th Centuries. The park currently consists of
about 20,000 acres in Virginia, Kentucky, and Tennessee, and is
authorized to include up to 50,000 acres. The park's most visited
attraction is Pinnacle Overlook, where visitors can see Kentucky,
Virginia, and Tennessee and gain an appreciation of the landscape that
played such a critical role in the development of our nation. Fern Lake
is visible from the overlook.
The Fern Lake watershed has been a focal point for the Department
of the Interior for several years. In 1996, after the Office of Surface
Mining prepared a comprehensive environmental impact statement on
proposed surface coal mining on the Tennessee side of the watershed,
the Department declared the area unsuitable for that purpose. In 1997,
after the State of Kentucky issued a permit to mine the Kentucky
portion of the watershed, the National Park Service successfully
appealed the permit. When the owner decided to sell the property last
year, local residents began expressing support for having the property
added to the National Park System.
Having Fern Lake under National Park Service management would
produce many benefits. It would protect the watershed from threats of
future development and thus help protect for the long term the
landscape and views the park is known for. It would allow for public
recreational use of a lake that is currently available only to private
club members. It would also allow the development of more hiking trails
in the park. These additional attractions would thus increase
recreational opportunities in a region that is working hard to generate
tourism. And, it would ensure that Fern Lake remains a source of clean,
safe drinking water.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog, and is concerned about the development and life-
cycle operational costs associated with expansion of parks already
included in the National Park System. Adding the Fern Lake watershed to
Cumberland Gap National Historical Park would entail land acquisition
costs, as well as additional operating and maintenance costs.
The owner of the lake and surrounding property (approximately 750
acres) has offered the property for $5 million, but the actual cost of
the property will not be known until an appraisal is done and a
determination is made about whether or not to acquire the water supply.
If, however, the National Park Service acquires the water supply, some
revenue would accrue to the park from the sale of the water. According
to information from the city of Middlesboro, the current owner receives
approximately $85,000 annually from the sale of water from Fern Lake.
Any revenue, however, would likely be offset by increased operational
costs, so this could result in a net cost to the National Park Service.
In addition, we anticipate some additional operations and
maintenance costs associated with making the newly acquired land
available for public use. Establishing trails and building or
remodeling facilities around the lake would entail one-time development
costs. There would be recurring annual costs associated with staff
needed for resource protection and visitor services in the new area. We
do not have an estimate of those costs at this time, but we note that
if the full 4,500 acres of the watershed is acquired, it would increase
the size of the park by about 22 percent. The current annual base
funding for Cumberland Gap National Historical Park is $1.8 million.
In summary, the Department supports H.R. 2238 as a means to help
assure protection for the natural and cultural resources of Cumberland
Gap National Historical Park and to provide important benefits for the
surrounding communities, through the acquisition of land from willing
sellers.
Mr. Chairman, that concludes my statement. I would be pleased to
answer any questions you or other members of the Subcommittee may have.
______
Mr. Radanovich. Thank you, Doctor. Next up is Mrs. Elise
Russell who is here to speak on 2234. Thank you for coming.
STATEMENT OF ELISE RUSSELL, LEGISLATIVE ANALYST, CONSERVATION
POLICY, NATIONAL PARKS CONSERVATION ASSOCIATION, WASHINGTON,
D.C.
Ms. Russell. Thank you. Mr. Chairman, members of the
Committee, my name is Elise Russell. I am a legislative analyst
for the National Parks Conservation Association, and I am here
today on behalf of NPCA as well as the Archeological
Conservancy and the Sonoran Institute.
Our organizations appreciate this opportunity to state our
strong support for H.R. 2234. We commend Representative Pastor
for introducing this legislation, and we thank the Chairman for
scheduling this hearing.
We urge the Subcommittee to act quickly and favorably on
this bill. We also recommend two minor amendments to the bill
that we think will encourage a more comprehensive approach to
preserving Tumacacori National Historical Park.
Tumacacori is only 46 acres in size, but it is truly one of
the gems of the U.S. National Park System. It is a beautiful,
well preserved resource with great historical integrity, a
tranquil site that is inspiring to visitors. This legislation
will add approximately 310 acres to the park's main unit at San
Jose de Tumacacori Mission.
These lands which are to the north and south of the main
unit include or contain portions of the original mission, which
include historic fields, orchards and acequia systems.
The Juan Bautista De Anza National Historic trail also
traverses these proposed additions. There is also riparian land
along the Santa Cruz River, with significant national resource
values.
There are thriving populations of plants and animals that
are native to the area, as well as a significant population of
the yellow-billed coo-coo, which is a species of concern to the
State of Arizona.
Permanently protecting these lands will not only save
irreplaceable parts of America's heritage, but it will also
dramatically benefit the public by permitting the National Park
Service to diversify visitor experiences and enrich their
educational programs to the public.
Key parts of the Tumacacori story, particularly those of
how different peoples interacted and ultimately learned to live
together, have important lessons in today's challenging times.
It is the great triumph of America, honoring diversity, a
legacy that lives on.
In a way, improving Tumacacori is just another tangible way
of keeping Americans united, caring about each other and our
collective history. We must act now to save these lands from
impending development which threatens to ruin them forever.
Subdivisions are marching toward the park.
As Representative Pastor and Mr. Soukup have said, these
lands are available today from willing sellers. It is unlikely
that they will ever easily be available again, and the costs to
protect them will never be cheaper. Land prices in this area
are headed in one direction: Up.
Acting with foresight today will prevent having to act in
haste tomorrow. One of the amendments that NPCA recommends
pertains to the Guevavi Mission. This is a very small unit of
Tumacacori. It is only 10 acres. There is a clear need to add
some additional lands to better facilitate public access as
well as preserve the scenic integrity of the mission, which is
extremely vulnerable to development.
The general management plan, which was approved in 1996
after extensive public involvement, recommended a 93-acre
expansion to the Guevavi Mission. Lands adjacent to Guevavi are
owned by the city of Nogales, which has been a good neighbor to
the park. And for the last several years there has been
discussion between the Park Service and the city, whereby the
Park Service would receive some city lands and the city of
Nogales would receive some Federal lands closer to Nogales. So
it would be a win-win situation for both parties as well as for
the general public.
So we recommend that there be an amendment to the
legislation, authorizing and directing the Park Service to work
with the city of Nogales and other Federal land managers to
explore the possibilities of a land exchange and get back to
Congress within a year with their recommendations.
Our other recommendation is to have an update to the
general management plan for Tumacacori within the next 3 years.
And, in conclusion, Mr. Chairman, I would simply say that,
tragically, every day prehistoric and historic archeological
sites in the United States are being lost forever. Modern-day
looters are using backhoes and bulldozers to recover artifacts
for the international market. Urban development and even some
agricultural methods are destroying sites.
Congress has the ability, the opportunity, and the
responsibility to act to prevent this loss of our heritage
which will impoverish present and future generations. Enacting
H.R. 2234 into law will be a marvelous and tangible way, a step
forward to meet these duties. Future generations will thank you
for your wisdom to act now.
And finally, Mr. Chairman, I would just like to say that
NPCA, for the record, also supports the Fern Lake Conservation
and Recreation Act of 2001.
Fern Lake and its watershed will be important additions to
the Cumberland Gap National Historical Park. The Fern Lake
watershed is an integral part of the historic landscape that
visitors come to see. And, additionally, the acquisition of
this property will protect the vistas from Pinnacle Overlook,
one of the most valuable scenic resources in the park.
Thank you very much for this opportunity to testify and
consider our views.
Mr. Radanovich. Thank you very much, Ms. Russell. I
appreciated your testimony.
[The prepared statement of Ms. Russell follows:]
Statement of Elise Russell, Legislative Analyst, National Parks
Conservation Association
Mr. Chairman and members of the committee, I am Elise Russell,
Legislative Analyst for the National Parks Conservation Association
(NPCA). I am testifying today on behalf of NPCA, The Archaeological
Conservancy and the Sonoran Institute.
Our organizations appreciate the opportunity to state our strong
support of H.R. 2234. We commend Rep. Pastor for introducing this
important legislation and thank the Chairman for scheduling this
hearing. NPCA urges the subcommittee to act favorably and quickly on
this bill. We also recommend two minor amendments to the bill that will
encourage a more comprehensive approach to preserving Tumac cori
National Historical Park.
Tumac cori is only 46 acres in size but it is one of the true gems
of the U.S. National Park System. The park is precious a well-preserved
resource with great historic integrity, a beautiful and tranquil site
that is inspiring to visitors.
H.R. 2234 would add approximately 310 acres to the park's main unit
at San Jose de Tumacacori Mission. These lands, located both to the
north and south of the main park unit, contain portions of the original
mission, including historic fields, orchards and acequia systems.
The Juan Bautista De Anza National Historic Trail also traverses
the proposed addition.
In addition, there is riparian land along the Santa Cruz River with
significant natural resource values. This land has thriving populations
of plants and animals native to the area, including a significant
population of yellow-billed cuckoos, a ``species of concern'' for the
state of Arizona.
Permanently protecting these lands will not only save irreplaceable
parts of America's heritage, it will dramatically improve benefits to
the public by permitting the National Park Service to diversify visitor
experiences and enrich its educational programs for the public.
Key parts of the Tumacacori story, particularly those about how
different peoples interacted and ultimately learned to live together,
have lessons in today's challenging times. This is the great triumph of
America honoring diversity a legacy that lives on. In a way, improving
Tumac cori is another tangible way to keep America united, caring about
each other and our collective history.
We must act now to save these lands from impending development,
which threatens to ruin them forever. Subdivisions are marching
directly toward the park. These lands are available today from willing
sellers who want to protect the historic mission and its environment.
It is unlikely these properties will ever be easily available again and
the cost to protect these lands permanently will never be cheaper. Land
prices in this area are headed only one way: up. Acting with foresight
today will prevent having to act in haste tomorrow.
Suggested Amendment: Guevavi Mission
Congress should add a brief section pertaining to Guevavi Mission.
Because the Guevavi site is so small (approximately 10 acres),
there is a clear need to add additional lands in order to facilitate
better public access and preserve the scenic integrity of the mission,
which is extremely vulnerable to development. The current general
management plan (GMP) for Tumac cori NHP, approved in 1996 after
extensive public involvement, recommends a 93-acre boundary expansion
for the Guevavi unit.
Lands adjacent to Guevavi are owned by the City of Nogales. The
City has been a good neighbor to the park, but for several years now,
there has been discussion about a simple trade whereby the National
Park Service would receive some City lands, and the City would receive
other federal lands, closer to Nogales, in return. This would be a win-
win for all parties and the general public.
Therefore, NPCA recommends the addition of a brief section to H.R.
2234, which should authorize and direct the National Park Service to
work with the City of Nogales and other federal land management
agencies to explore the possibilities of such an exchange and then
report back to Congress within one year.
Suggested Amendment: General Management Plan
NPCA also recommends requiring an update to the general management
plan within three years.
Conclusion
In conclusion, Mr. Chairman, I would simply say that tragically,
every day, prehistoric and historic archaeological sites in the United
States are lost forever. Modern-day looters use backhoes and bulldozers
to recover artifacts for the international market. Urban development
and some agricultural methods destroy sites.
Congress has the ability, the opportunity, and the responsibility
to prevent this loss of our heritage, which impoverishes both present
and future generations. Promptly enacting H.R. 2234 into law will be a
marvelous and tangible step forward to meet these duties. Future
generations will thank you for your wisdom to act now.
Also, for the record, NPCA would like to voice support for another
piece of legislation being discussed here today: H.R. 2238, the Fern
Lake Conservation and Recreation Act of 2001. Fern Lake and its
watershed will be important additions to Cumberland Gap National
Historical Park. The Fern Lake watershed is an integral part of the
historic landscape that visitors come to see. Additionally, the
acquisition of this property will protect the vista from Pinnacle
Overlook, one of the park's most valuable scenic resources.
Thank you for inviting NPCA to appear before you today and for
considering our views. I would be happy to answer any questions.
______
Mr. Radanovich. Next up is Karla Bowling. Karla, welcome to
the hearing. And, of course, you are here to speak on the
acquisition of Fern Lake, H.R. 2238.
Please begin and tell us what you know.
STATEMENT OF KARLA BOWLING, EXECUTIVE DIRECTOR, BELL COUNTY
CHAMBER OF COMMERCE, MIDDLESBORO
Ms. Bowling. Good afternoon, Chairman Radanovich and
Subcommittee members. My name is Karla Bowling. I am the
executive director of the Bell County Chamber of Commerce. I am
here to represent the citizens of Middlesboro, Kentucky, to
lend support for House Resolution 2238 authorizing the
Secretary of the Interior to acquire Fern Lake and the
surrounding watershed for addition to Cumberland Gap National
Historical Park.
First of all, let me say that it is truly an honor to be
asked to appear before you today in this small yet significant
role in our democratic process. I truly appreciate the service
you provide to the citizens of our country and especially the
unity you have shown which has become a model for the rest of
our Nation.
The initiative that brings us here today would accomplish
several objectives and strike a delicate balance in promoting
the interests of business and economic development while at the
same time protecting our precious natural resources. Far from
just helping the citizens of Middlesboro, acquiring Fern Lake
would benefit the entire region, and I would venture to say the
hundreds of thousands of tourists who visit our part of the
country each year.
This piece of legislation would help us to further
capitalize on the breathtaking beauty of our natural resources
through tourism initiatives, preserve and protect the
environment, and increase the economic viability of our people.
From my perspective as a Chamber of Commerce director, it
almost seems too good to be true. But, taken piece by piece, it
is logical and makes great business sense.
Allow me to briefly address some of these points. About 5
years ago, the lake and adjacent watershed was auctioned and
purchased by a local coal company. The company applied for
permits to mine the coal on the watershed. But these permits
were denied due to the inability to ensure that the water
supply would be protected. It was at this time that the city
and park became acutely aware of how vulnerable that piece of
property was. Protecting the integrity of the water as well as
the beauty of the viewshed from the adjacent park overlook has
proven to be a daunting task. Acquiring the land and
incorporating it into the national park would ensure that the
water supply would be protected for generations to come.
Our Congressman has made great progress in Kentucky to
bring potable water to rural areas. We must not regress and
threaten this water source for the more than 20,000 residents
who depend on Fern Lake as their sole supply of fresh, clean
water. Our land, our people, and our natural resources are too
precious to leave unprotected.
Not only is our water supply important to our citizens, but
it is crucial to the viability of some of our area's largest
employers. Cumberland Gap Provision Company produces ham
products and also manufactures Highlander Ice, both with a
retail base reaching across America.
Water purity is imperative in the curing, smoking, and
packaging processes of their hams. It goes without saying that
the purity of the local water supply greatly affects the taste
of all of their products. These two companies employ more than
375 people and have recently invested more than $14 million to
expand their facilities.
Another company that depends on the quality water supply is
Middlesboro Coca-Cola Bottling. These companies are significant
contributors to the local economy and the quality of life for
our citizens.
We can't afford to jeopardize the livelihood of our city's
largest employers, and, most importantly, the families that
rely on these good paying jobs.
Acquisition of this land also makes sense when addressing
the need to generate park revenues. Profit from the sale of
water to the local water utility is approximately $85,000 per
year. Money could be earmarked to go back into Cumberland Gap
National Historical Park, to be used for trail maintenance,
facilities upkeep, recreational needs, staffing and other
related expenses.
Now, on to the issue of promoting additional recreational
opportunities and ecotourism. In the fast-paced, stressful
world we live in today, many tourists are looking for a way to
get away from it all. They are looking for a quiet respite from
their cares and worries: simple vacations, a reconnection with
nature, and a return to simplicity.
More and more Americans are looking for the kind of getaway
that the Fern Lake property could provide if properly
developed. The recreational possibilities are endless and could
all be in keeping with the ecologically sound parameters set
forth by national park guidelines.
In fact, the lake already functions as a small private
fishing and boating club, where a modest pavilion is used for
various community activities, including weddings, family
reunions and picnics. Future plans could include a lodge to
accommodate corporate retreats, business and government
conferences, a wildlife or waterfowl observatory, fitness and
nature trails, youth camps, scouting, and other functions that
could be promoted to bring in additional tourism and
recreational revenues.
The national park is the third most visited attraction in
our State. Moreover, tourism is the third largest industry in
Kentucky, bringing in revenues of almost $9 billion annually.
Although the Nation as a whole is experiencing a short-turn
decline in tourism as a result of the tragic events of
September 11th, we expect to maintain, if not increase our
tourism share because of the rural nature of tourist
destinations in our region.
In fact, in the past few months we have had an influx of
visitors and increase for tourist information packets from
places such as Tampa, Atlanta, Cincinnati, New York, New
Orleans, Nashville, Asheville, and Jacksonville, to name just a
few.
Tourism revenues have the potential to play a significant
role in the reversal of our economic decline in Appalachia. We
work extremely well with our national park and share a similar
vision of how to promote our heritage and expand tourism.
In closing, let me make one last point. Before you on the
easel, you have some exquisite photos of the property that we
are discussing today. As you stand at the Pinnacle Overlook,
you are 2,440 feet above sea level, the highest point above the
Cumberland Gap.
Fern Lake and the untouched beauty of the mountains
surrounding you are an integral part of the breathtaking view
that lies before you. I imagine this is similar to what our
ancestors saw as they stood in this spot hundreds of years ago.
As far as the eye can see, the pristine beauty of our heritage
surrounds you.
We cannot take the chance of letting this precious resource
slip through our fingers. In the past, we have made the mistake
of not protecting our environment and the natural beauty it
provides to nourish our souls. This is a wonderful opportunity.
Seldom do we see such synergy between economic development,
tourism, and the preservation of our natural resources. We
wholeheartedly support this initiative. Thank you very much for
your time.
Mr. Radanovich. Thank you very much, Ms. Bowling.
[The prepared statement of Ms. Bowling follows:]
Statement of Karla Bowling, Executive Director, Bell County Chamber of
Commerce, Middlesboro, Kentucky
Good afternoon Chairman Radanovich and Subcommittee members. My
name is Karla Bowling; I am the Executive Director of the Bell County
Chamber of Commerce. I am here to represent the citizens of
Middlesboro, Kentucky, to lend support for House Resolution 2238
authorizing the Secretary of the Interior to acquire Fern Lake and the
surrounding watershed for addition to Cumberland Gap National
Historical Park.
First of all, let me say that it is truly an honor to be asked to
appear before you today in this small, yet significant role in our
democratic process. I appreciate the service you provide to the
citizens of our country and especially the unity you have shown which
has become a model for the rest of our nation.
The initiative that brings us here today would accomplish several
objectives and strike a delicate balance in promoting the interests of
business and economic development while at the same time protecting our
precious natural resources.
Far from just helping the citizens of Middlesboro, acquiring Fern
Lake would benefit the entire region and I would venture to say the
hundreds of thousands of tourists who visit our part of the country
each year.
This piece of legislation would help us to further capitalize on
the breathtaking beauty of our natural resources through tourism
initiatives, preserve and protect the environment, and increase the
economic viability of our people. From my perspective as a Chamber of
Commerce Director, it almost seems too good to be true. But taken piece
by piece, it is logical and makes great business sense. Allow me to
briefly address some of these points.
About five years ago, the lake and adjacent watershed was auctioned
and purchased by a local coal company. The company applied for permits
to mine the coal on the watershed, but these permits were denied due to
the inability to ensure that the water supply would be protected. It
was at this time that the city and the park became acutely aware of how
vulnerable that piece of property was. Protecting the integrity of the
water as well as the beauty of the viewshed from the adjacent park
overlook would prove to be a daunting task.
Acquiring the land and incorporating it into the National Park
would ensure that the water supply would be protected for generations
to come. Our Congressman has made great progress in Kentucky to bring
potable water to rural areas. We must not regress and threaten this
water source for the more than 20,000 residents who depend on Fern Lake
for their sole supply of fresh, clean water. Our land, our people, and
our natural resources are too precious to leave unprotected.
Not only is our water supply important to our citizens, but it is
crucial to the viability of some of our area's largest employers.
Cumberland Gap Provision Company produces ham products and also
manufactures Highlander Ice--both with a retail base reaching across
America. Water purity is imperative in the curing, smoking, and
packaging processes of their hams. It goes without saying that the
purity of the local water supply greatly effects the taste of all of
their products. These two companies employ more than 375 people and
have recently invested more than $14 million to expand their
facilities. Another company that depends on a quality water supply is
Middlesboro Coca-Cola Bottling. These companies are significant
contributors to the local economy and quality of life for our citizens.
We can't afford to jeopardize the livelihood of our city's largest
employers and most importantly the families that rely on these good-
paying jobs.
Acquisition of this land also makes sense when addressing the need
to generate Park revenues. Profit from the sale of water to the local
water utility is approximately $85,000 per year. Money could be
earmarked to go back into Cumberland Gap National Historical Park to be
used for trail maintenance, facilities upkeep, recreational needs,
staffing, and other related expenses.
Now on to the issue of promoting additional recreational
opportunities and eco-tourism. In the fast-paced, stressful world we
live in today, many tourists are looking for a way to ``get away from
it all''. They are looking for a quiet respite from their cares and
worries, simple vacations, a reconnection with nature, and a return to
simplicity. More and more Americans are looking for the kind of getaway
that the Fern Lake property could provide if properly developed
The recreational possibilities are endless and could all be in
keeping with the ecologically sound parameters set forth by National
Park guidelines. In fact, the lake already functions as a small private
fishing and boating club, where a modest pavilion is used for various
community activities including weddings, family reunions, and picnics.
Future plans could include a lodge to accommodate corporate retreats,
business and government conferences, a wildlife or waterfowl
observatory, fitness and nature trails, youth camps, scouting, and
other functions that could be promoted to bring in additional tourism
and recreational revenues.
The National Park is the third most visited attraction in our
state. Tourism is the third largest industry in Kentucky, bringing in
revenues of almost $9 billion annually. Although the nation as a whole
is experiencing a decline in tourism as a result of the tragic events
of September 11th, we expect to maintain, if not increase our tourism
share because of the rural nature of tourist destinations in our
region. In fact, in the past months we have had an influx of visitors
and inquiries for tourist information packets from places such as
Tampa, Atlanta, Cincinnati, New York, New Orleans, Nashville,
Asheville, and Jacksonville, to name just a few.
Tourism revenues have the potential to play a significant role in
the reversal of our economic decline in Appalachia. We work extremely
well with our National Park and share a similar vision of how to
promote our heritage and expand tourism.
In closing, let me make one last point. On the easel before you are
some exquisite photos of the property we are discussing today. As you
stand at the Pinnacle Overlook, you are at 2,660 feet above sea level--
the highest point above the Cumberland Gap. Fern Lake and the untouched
beauty of the mountains surrounding it are an integral part of the
breathtaking view that lies before you. I imagine this is similar to
what our ancestors saw as they stood in this spot hundreds of years
ago. As far as the eye can see, the pristine beauty of our heritage
surrounds you. We cannot take the chance of letting this precious
resource slip through our fingers. In the past, we have made the
mistake of not protecting our environment and the natural beauty it
provides to nourish our souls.
This is a wonderful opportunity. Seldom do we see such synergy
between economic development, tourism, and the preservation of our
natural resources. We wholeheartedly support this initiative!
Thank you for your time.
______
Mr. Radanovich. Any questions? Mr. Hefley.
Mr. Hefley. Yes, thank you. I thought all of your testimony
was very good. Ms. Russell, I thought your testimony was very
good, although I have to tell you that I have learned over the
years not to put any credence in anything that comes out of
your organization. I have no trust or confidence in your
organization. If the organization would like to talk to me
about it at some point, I would be happy to sit down with them
and do it. But I thought your testimony was very good.
Ms. Bowling, I would say to you, first of all, I think both
of these projects sound like they are laudable projects and we
probably should go ahead and pursue them. But I would say to
you, like I did to the Congressman a few moments ago, you need
to make sure that the Congressman makes sure that that water
supply is tied up for Middlesboro. If you don't, in some
administration down the line, someone is going to decide that
there is a fish or a grub or a worm or something there that is
more important and more valuable than are the people of your
community, and therefore the water couldn't possible be given
to the people of your community. So you need to make sure that
in law that is tied up. And I would pass that on to you.
And, Dr. Soukup with the Fern Lake project, I see a lot of
land value there. I see recreational value from the lake. I see
development value around the lake. I see mining value, perhaps,
since they tried to get mining permits, maybe timber value
there. So I can understand why that amount of acreage might be
worth $5 million.
On the other project, it appears to me that is mainly
worthless desert. Worthless, except for the historical
significance that we are trying to save. And I would hope that
we are not going to pay more than a rancher would pay for it,
or a miner or a developer, if there is any development.
Now, I know there is development across the road from the
mission, but I would hope that the Federal Government, just
because we are the Federal Government and we have an endless
supply of money, are not going to pay more for that than people
locally would pay for it for some economic value. Is it your
sense that we can make sure that that doesn't happen?
Mr. Soukup. We have a fairly rigorous appraisal process in
place that has to be executed for any property that we buy. We
are not allowed to pay more than the appraisal price without
the permission of Congress. So we have a fairly strict process
that gets a lot of scrutiny and we think it is pretty good.
Mr. Hefley. Well, the key to what you just said is without
the approval of Congress. And you have got--you know, Congress
can approve things because a powerful member of the
Appropriations Committee might want this project in his home
district or something. So we have got to be very careful.
But in saying that, I don't want to take away from the
project. I think the project sounds to me like it has enormous
value. Those are the kind of values that I would like for us to
protect. And, gosh, you have got this wonderful mission there
already as the hub of it.
Let me ask you, though, about the orchard. You are talking
about $100,000 for an orchard. I wonder what in the world kind
of orchard are you going to produce? I am sure the original
settlers never thought of that as a $100,000 orchard. What kind
of orchard is that going to be for that kind of money?
Mr. Soukup. That is an excellent question. That is the
estimate that we got from the park. I think that is a bit high.
I am little bit concerned myself about the ongoing upkeep of it
being sort of a process that I am not so sure that we have
looked at fully.
But that is the rough estimate, I would think, for the
park. I don't know what that purchase is, but we could check
into it.
Mr. Hefley. I hope it is very, very rough estimate, because
that sounds like an awful lot of money just to show that they
used to raise pears on that land.
I think that is all that I have, Mr. Chairman.
Mr. Radanovich. Thank you, Mr. Hefley. There being no other
questions, this hearing is adjourned. I want to thank you all
very much for your valuable testimony. And we are adjourned.
Thank you.
[Whereupon, at 3 p.m., the Subcommittee was adjourned.]