[Senate Report 110-304]
[From the U.S. Government Publishing Office]
Calendar No. 656
110th Congress Report
SENATE
2d Session 110-304
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ALABAMA LITTLE RIVER CANYON NATIONAL PRESERVE ENHANCEMENT ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1961]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1961) to expand the boundaries of the
Little River Canyon National Preserve in the State of Alabama,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 2, line 6, strike ``July 31, 2007'' and insert
``December 2007''.
Purpose
The purpose of S. 1961 is to expand the boundaries of the
Little River Canyon National Preserve in the State of Alabama.
Background and Need
Located in northeast Alabama, Lookout Mountain forms a
majestic plateau above surrounding valleys. The Little River
starts on the top of Lookout Mountain and plunges through
waterfalls and rapids, carving a deep canyon as it descends and
finally cuts through the eastern escarpment of the Lookout
Mountain plateau to reach the Coosa River and Weiss Lake.
In 1992, Congress established the Little River Canyon
National Preserve, as a unit of the National Park System, to
conserve the Canyon's natural, scenic, and recreational
resources. The Preserve offers opportunities for hunting,
fishing, camping, hiking, kayaking, rafting, horseback riding,
and other forms of outdoor recreation. S. 1961 would expand the
boundary to include several areas along the eastern and western
Canyon rims.
When first established, the Preserve included lands owned
by the State of Alabama and Alabama Power within the Preserve's
boundary. Several years ago, Alabama Power sold its lands
within the Preserve to the National Park Service. Currently,
the Park Service owns approximately 13,000 acres within the
Preserve.
In recent years, several landowners have built large
residential structures on the Preserve's eastern rim within the
Canyon View Forest subdivision, directly across from a number
of scenic overlooks including Crow Point. In response to these
developments, S. 1961 would expand the Preserve boundary by
approximately 1,650 acres to include lands in the Canyon View
Forest development along with lands owned by Temple Inland
which has recently announced its intent to liquidate its
timberland holdings. The Canyon View Forest area includes
approximately 1,216 acres and is the largest element of the
proposed expansion.
In addition to the Canyon View Forest, the bill would
expand the boundary to include the following properties--115
acres of adjacent holdings owned by a private landowner and
Alabama Power, 48 acres owned by Jacksonville State University
on the western rim, 122 acres on the Canyon's western rim, and
155 acres on the south portion of the east rim.
Legislative History
S. 1961 was introduced by Senator Sessions on August 2,
2007. A similar measure (H.R. 5486) was introduced in the House
of Representatives on February 25, 2008. The Subcommittee on
National Parks held a hearing on S. 1961 on November 8, 2007.
The Committee on Energy and Natural Resources ordered it
favorably reported on January 30, 2008.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session, on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1961, if
amended as described herein.
Committee Amendment
During its consideration of S. 1961, the Committee adopted
an amendment that changes the map date so that the bill
references an updated map.
Section-by-Section Analysis
S. 1961 amends section 2 of the Little River Canyon
National Preserve Act of 1992 (16 U.S.C. 698q) to expand the
boundary of the preserve to include land depicted on the map
entitled, ``Little River Canyon National Preserve Proposed
Boundary'' and dated December 2007.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1961--A bill to expand the boundaries of the Little River Canyon
National Preserve in the state of Alabama
S. 1961 would expand the boundaries of the Little River
Canyon National Preserve in Alabama. Assuming appropriation of
the necessary amounts, CBO estimates that implementing S. 1961
would cost about $10 million over the 2008-2013 period.
Enacting this legislation would not affect direct spending or
revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
S. 1961 would add about 1,660 acres of land to the Little
River Canyon National Preserve. Based on information provided
by the National Park Service, CBO estimates that the federal
government would acquire this land over a five-year period. The
final cost would depend on future appraisals as well as how
many acres within the new boundary are acquired. CBO estimates
that expanding the boundary of the preserve would cost about
$10 million over the 2008-2013 period. Because much of the land
would be located along the edge of the canyon, we estimate that
any additional operational costs would be insignificant.
The CBO staff contact for this estimate is Daniel Hoople.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1961. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1961, as ordered reported.
Congressionally Directed Spending Items
S. 1961, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, National Park Service, U.S. Department of the
Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you today to present the views
of the Department of the Interior on S. 1961, a bill to revise
the boundary of the Little River Canyon National Preserve in
the State of Alabama, and for other purposes.
The Department supports S. 1961. S. 1961 would expand the
boundaries of the Little River Canyon National Preserve
(Preserve) to add approximately 1,656 acres that would be
acquired by purchase from willing sellers or through donation.
Appraisals have not been completed on any of the involved
properties so the costs associated with the potential
acquisitions are unknown. The Preserve currently includes
13,797 acres, and the NPS roughly estimates acquisition costs
to be between $9 million and $12 million. No funding has yet
been identified for any of the acquisitions proposed in this
bill. Funding for any of these acquisitions would be subject to
the budget prioritization process of the National Park Service.
Little River Canyon National Preserve was established as a
unit of the National Park System by Public Law 102-427, to
protect and preserve the natural, scenic, recreational and
cultural resources of the area and to provide for public
enjoyment of those resources. The Little River Canyon is
located in northeast Alabama between Gadsden, Alabama and
Chattanooga, Tennessee. Birmingham, Alabama is approximately
100 miles southwest of the Preserve and Atlanta, Georgia is
about 110 miles to the southeast.
The Preserve contains an outstanding example of an
Appalachian Plateau Province Canyon System and the canyon and
the Little River together form one of the extraordinary natural
features of Alabama. The Preserve is biologically diverse and
home to a number of rare plants and animals. Numerous
recreational pursuits are also available within the Preserve
boundaries including a 23-mile canyon rim drive, which provides
easy access to superlative scenic views.
The Preserve also includes important scenic, natural,
cultural, recreational, and scientific resources. Little River
Canyon's stream resources are excellent and the Little River is
classified by the State of Alabama as an Outstanding National
Resource Water providing an opportunity for world-class
whitewater boating. Little River is one of a very few river
systems with most of its length atop a mountain, in this case,
Lookout Mountain.
The Preserve lies at the southern limits of the Cumberland
Plateau and Little River Canyon is the deepest canyon in
Alabama and one of the deepest in the eastern United States. As
such, the Preserve contains some of the most rugged scenery in
the southeast which contributes to significant biological
diversity including habitat for a unique assemblage of plants
and animals. In addition, the Preserve includes a wide
assortment of archeological resources and historic sites.
The acquisitions proposed in S. 1961 would help the
National Park Service (NPS) meet the requirements established
in the Preserve's enabling legislation, which direct the NPS to
protect and preserve the scenic resources of Little River
Canyon. Additionally, in the northeast portion of the Preserve
the current boundary is narrow and many of the Preserve's
recreational trails cross private property in that area.
Expanding the boundary as proposed in S. 1961 would allow the
NPS to purchase lands from willing sellers and enhance
recreational resources for Preserve visitors by ensuring that
these trails no longer cross private property.
The current western boundary of the Preserve meanders back
and forth across state and county roads which make up the
Preserve's scenic drive. The boundary expansion proposed in S.
1961 would relocate the boundary in this area to the western
edge of the state and county rights-of-way. In addition to
including land between the roads and the canyon within the
Preserve boundary, this adjustment would allow the NPS to apply
for federal highway funds in order to improve the roads to help
them meet Federal Highway Administration safety standards. The
present condition of this portion of the scenic drive is
characterized by steep hills and locations where sight distance
is limited. As a result, the NPS has had to install signs
warning drivers of motor homes and other large vehicles to
avoid the southern two-thirds of the drive for their own
safety. Including the roads and the lands between them and the
current park boundary within the Preserve would also make it
feasible to add additional scenic overlooks and bicycle lanes.
Mr. Chairman, this concludes my formal remarks. I would be
happy to answer any questions you or any members of the
subcommittee might have.
Changes In Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1961 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
LITTLE RIVER CANYON NATIONAL PRESERVE ACT OF 1991
Public Law 102-427
AN ACT To establish the Little River Canyon National Preserve in the
State of Alabama
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
Sec. 2(b). Area Included.--[The Preserve] (1) In General.--
The Preserve shall consist of the lands, waters, and interests
in lands and waters generally depicted on the boundary map
entitled ``Little River Canyon National Preserve'', numbered
NA-LRNP-80,001C, and dated March 1992.
(2) Boundary Expansion.--The boundary of the Preserve is
modified to include the land depicted on the map entitled
``Little River Canyon National Preserve Proposed Boundary'',
numbered 152/80,004, and dated December 2007.
(c) [Map] Maps.--The [map] maps referred to in subsection
(b) shall--
(1) be on file and available for public inspection in
the offices of the National Park Service of the
Department of the Interior in Washington, District of
Columbia; and
(2) be filed with the appropriate offices of DeKalb
and Cherokee Counties in the State of Alabama.
* * * * * * *