[Senate Report 109-5]
[From the U.S. Government Publishing Office]
Calendar No. 12
109th Congress Report
SENATE
1st Session 109-5
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ATCHAFALAYA NATIONAL HERITAGE AREA ACT
_______
February 16, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 204]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 204) to establish the Atchafalaya
National Heritage Area in the State of Louisiana, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE OF THE MEASURE
The purpose of S. 204 is to establish the Atchafalaya
National Heritage Area in the State of Louisiana.
BACKGROUND AND NEED
The Atchafalaya River flows out of the Red and Mississippi
Rivers in central Louisiana, and then flows southward, west of
the Mississippi, 170 miles to the Gulf of Mexico. Along the
way, it forms the largest river swamp in the United States, and
provides outstanding habitat for a diverse array of fish and
wildlife, including over two hundred species of birds.
The basin drained by the Atchafalaya River spans thirteen
parishes in south-central Louisiana. The area is strongly
associated with the Cajuns, descendants of the French-speaking
Acadians who settled in the area after they were expelled from
Nova Scotia (originally called Acadia) in the latter part of
the eighteenth century. The cultural complexity of the region
has created a rich tapestry of history, customs, traditions,
architecture, music, language, and food of national
significance.
The State of Louisiana formally designated the Atchafalaya
River Basin as the Atchafalaya Trace Heritage Area in 1997 in
recognition of the area's rich natural, scenic, cultural, and
historic resources. The State established a commission to
``preserve, enhance, protect, and interpret'' the area's
resources and heritage, to develop an integrated natural,
scenic, cultural, and historical resource management plan for
the area, and to obtain Federal recognition of the area as a
National Heritage Area.
The Atchafalaya River Basin contains a nationally distinct
landscape arising from patterns of human activity shaped by
geography. Its history, culture, and natural and recreational
resources are of national significance. Federal recognition of
the area as a National Heritage Area will enable the National
Park Service to assist the State of Louisiana and citizen
groups in preserving, protecting, and interpreting nationally
important resources for the benefit of all Americans, without
the need to acquire or manage those resources.
LEGISLATIVE HISTORY
S. 204 was introduced by Senators Landrieu and Vitter on
January 31, 2005. During the 108th Congress, the Committee
considered identical legislation, S. 323. S. 323 was introduced
by Senators Landrieu and Breaux on February 5, 2003. The
Committee on Energy and Natural Resources ordered S. 323, as
amended, favorably reported (S. Rept. 108-294) on September 15,
2004. S. 323, as amended, passed the Senate by unanimous
consent on September 15, 2004. S. 323 was referred to the House
Subcommittee on National Parks, Recreation and Public Lands on
September 20, 2004. The text of S. 323 was incorporated into S.
Amdt. 4085 to S. 1521, which passed the Senate by unanimous
consent on December 7, 2004. The House of Representatives did
not consider the bill prior to the sine die adjournment of the
108th Congress.
During the 107th Congress, the Committee on Energy and
Natural Resources, Subcommittee on National Parks considered
similar legislation, S. 2899. That bill was favorably reported
by theCommittee on October 4, 2002. The text of S. 2899 was
adopted as part of a substitute amendment to H.R. 695, legislation
authorizing numerous heritage areas. H.R. 695, as amended, passed the
Senate by unanimous consent on November 19, 2002, but was not
considered prior to the sine die adjournment of the 107th Congress.
At a business meeting on February 9, 2005, the Committee on
Energy and Natural Resources ordered S. 204 favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on February 9, 2005, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
204.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles this bill the ``Atchafalaya National
Heritage Act.''
Section 2 defines key terms used in the Act.
Section 3 establishes the Atchafalaya National Heritage
area and describes the parishes within the State of Louisiana
to be included in the boundary. This section also designates
the Atchafalaya Trace Commission as the coordinating entity and
describes the composition of the commission.
Section 4(a) provides the local coordinating entity with
the authority to use funds for preparing, updating and
implementing the management plan. The funds may be used for
making grants, entering into cooperative agreements and
contracts for goods and services and hiring and compensating
staff.
Subsection (b) establishes the duties of the local
coordinating entity, including implementing the management
plan, adopting bylaws, reporting accomplishments and
expenditures and the undertaking of initiatives that advance
the Heritage Area.
Subsection (c) prohibits the local coordinating entity from
using Federal funds received under this Act to acquire real
property.
Subsecton (d) requires that the coordinating entity hold
quarterly public meetings.
Section 5 requires the local coordinating entity to prepare
a management plan for the Heritage Area and sets forth the
elements of the plan.
Subsection (d) sets forth requirements and deadlines for
the submission, approval or disapproval, and amendment of the
proposed management plan and is self-explanatory.
Section 6 states that this Act does not grant any Federal
agency regulatory authority and will have no effect on the
authority of any local, State or Federal government to regulate
land use or environmental quality designations as provided for
by law.
Section 7 requires that the coordinating entity submit an
annual report that describes the accomplishments, income and
expenditures of the coordinating entity.
Section 8 authorizes $1 million to be appropriated to carry
out this Act, with not more than $1 million appropriated for
any given fiscal year. The Federal share may not exceed 50
percent of the total cost of any activity. The Committee notes
that the remaining share, provided by the local coordinating
entity, may include both non-Federal funds and in kind goods
and services.
Section 9 terminates the authority of the Secretary to
assist the local coordinating entity 15 years after the date of
enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
February 14, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 204, the Atchafalaya
National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin.
Enclosure.
S. 204--Atchafalaya National Heritage Area Act
S. 204 would establish the Atchafalaya National Heritage
Area (NHA) in Louisiana. The bill would designate the
Atchafalaya Trace Commission as the local coordinating entity
for the proposed NHA. The commission would be responsible for
developing and implementing a management plan for the
protection, development, and management of cultural and other
resources of the area. Finally, the legislation would authorize
the appropriation of $10 million, not to exceed $1 million
annually, for financial assistance to the commission over the
next 15 years.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 204 would cost $10 million over
the next 10 to 15 years. Such amounts would be used to cover a
portion of the costs of planning, establishing, operating, and
interpreting the heritage area. Enacting S. 204 would have no
effect on revenues or direct spending.
S. 204 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
------
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 323, the Atchafalaya
National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 323--Atchafalaya National Heritage Area Act
S. 323 would establish the Archafalaya National Heritage
Area (NHA) in Louisiana. The bill would designate the
Atchafalaya Trace Commission as the local coordinating entity
for the proposed NHA. The commission would be responsible for
developing and implementing a management plan for the
protection, development, and management of cultural and other
resources of the area. Finally, the legislation would authorize
the appropriation of $10 million, not to exceed $1 million
annually, for financial assistance to the commission over the
next 15 years.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 323 would cost $10 million over
the next 10 to 15 years. Such amounts would be used to cover a
portion of the costs of planning, establishing, operating, and
interpreting the heritage area. Enacting S. 323 would have no
effect on revenues or direct spending.
S. 323 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 204. The bill is not a regulatory measure in
the sense of imposing government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 204, as ordered reported.
EXECUTIVE COMMUNICATIONS
On February 9, 2005, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior setting forth executive views of S. 204. These
views had not been received at the time this report was filed.
When the reports become available, the Chairman will request
that they be printed in the Congressional Record for the advice
of the Senate.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 204 as ordered
reported.