95TH CONGRESS 2d Session

SENATE

{

REPORT No. 95-812

CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

MAY 12 (legislative day, APRIL 24), 1978.-Ordered to be printed (Reported under authority of the order of the Senate of MAY 11 (legislative day, APRIL 24), 1978)

Mr. ABOUREZK, from the Committee on Energy and Natural Resources, submitted the following

REPORT

[To accompany H.R. 8336]

The Committee on Energy and Natural Resources, to which was referred the act (H.R. 8336) to enhance the outdoor recreation opportunities for the people of the United States by expanding the national park system, by providing access to and within areas of the national park system, and for other purposes having considered same, reports favorably thereon with amendments and recommends that the Act (as amended) do pass.

The amendments are as follows:

1. Strike all after the enacting clause and insert the following: That the Congress finds the natural, scenic, recreation, historic and other values of a forty-eight-mile segment of the Chattahoochee River and certain adjoining lands in the State of Georgia from Buford Dam downstream to Peachtree Creek are of special national significance, and that such values should be preserved and protected from developments and uses which would substantially impair or destroy them. In order to assure such preservation and protection for public benefit and enjoyment, there is hereby established the Chattahoochee River National Recreation Area (hereinafter referred to as the "recreation area"). The recreation area shall consist of the river and its bed together with the lands, waters and interests therein within the boundary generally depicted on the map entitled "Chattahoochee River National Recreation Area," numbered CHAT20,000, and dated July 1976, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior. The Secretary of the Interior (hereinafter referred to as the "Secretary") may make minor revisions in the boundary of the recreation area to delete tracts that would involve significant severance damages to remaining lands, to delete lands having valuable improvements that would be of little or no benefit to the recreation area, to encompass severed lands and to accommodate technical and operational considerations, except that the total area within the recreation area, exclusive of the river and its bed may not exceed six thousand three hundred acres.

SEC. 2(a) Within the recreation area the Secretary is authorized to acquire lands, waters, and interests therein by donation, purchase, with donated or appropriated funds, or exchange. Property owned by the State of Georgia or any political subdivision thereof may be acquired only by donation. The Secretary may refrain from purchase of tracts of land or portions thereof or to be used for other than noncommercial residential purposes if the owner shall, within one year of the date of enactment of this Act, enter into an agreement with the Secretary assuring that such property shall be used under such terms and conditions as the Secretary, in his discretion, may prescribe for the preservation and protection of the recreation area.

(b) Except for property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use, an owner of improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain, as a condition of such acquisition, a right of use and occupancy of the property for such agricultural or residential purposes. The right retained may be for a definite term which shall not exceed twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of the spouse, whichever occurs later. The owner shall elect the term to be retained. The Secretary shall pay the owner the fair market value of the property on the date of such acquisition less the fair market value of the term retained by the owner.

(c) Any right of use and occupancy retained pursuant to this section may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of the property in accordance with the purposes of this Act. Upon his determination that the property, or any portion thereof, has ceased to be used in accordance with such terms and conditions, the Secretary may terminate the right of use and occupancy by tendering to the holder of such right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination.

(d) As used in this section the term "improved property" means a detached, year-around noncommercial residential dwelling the construction of which was begun before January 1, 1975, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

SEC. 3. (a) The Secretary shall administer, protect, and develop the recreation area in accordance with the Act of August 25, 1916 (39 Stat. 535), and in accordance with any other statutory authorities available to him for the conservation and management of historic and natural resources, including fish and wildlife, to the extent he finds such authority will further the purpose of this Act. In developing and administering the recreation area the Secretary shall take into consideration applicable Federal, State, and local recreation plans and resource use and development plans, including, but not limited to, the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972. (b) The Secretary is authorized and encouraged to enter into cooperative agreements with the State or its political subdivisions whereby he may assist in the planning for and interpretation of non-Federal publicly owned lands within or adjacent or related to the recreation area to assure that such lands are used in a manner consistent with the findings and purposes of this Act.

(c) In planning for the development and public use of the recreation area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource development or flood control projects and that of the recreation area are complementary.

(d) In administering the recreation area the Secretary shall permit fishing on waters under his jurisdiction in accordance with applicable State and Federal laws, except that he may designate zones where, and establish periods when no fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment and issue such regulations as he may determine to be necessary to carry out the provisions of this subsection. Except in emergencies, any rules and regulations of the Secretary pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency.

SEC. 4. (a) The Federal Power Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (16 U.S.C. 791a et seq.), on or directly affecting the recreation area and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values. for which such area is established, except where such project is determined by the State of Georgia to be necessary for water supply or water quality enhancement purposes and authorized by the United States Congress. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments upstream or downstream from the recreation area or on any stream tributary thereto which will not invade the recreation area or unreasonably diminish the scenic, recreational, and fish and wildlife values present therein on the date of approval of this Act. Nothing contained in this subsection shall preclude the upgrading, improvement, expansion or development of facilities or public works for water supply or water quality enhancement purposes if such action would not have a material adverse effect on the values for which the recreation area is established.

(b) No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such area is established, as determined by the Secretary, nor shall such department or agency request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without at least sixty days in advance, (a) advising the Secretary in writing of its intention to do so and (b) reporting to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate the nature of the project involved and the manner in which such project would conflict with the purposes of this Act or would affect the recreation area and the values to be protected by it under this Act.

(e) Nothing in this Act shall be construed in any way to require the manipulation or reduction of the lake water levels in Lake Sidney Lanier nor to restrict, prohibit or affect any recommendation of the Metropolitan Atlanta Water Resources Study as authorized by the Public Works Committee of the United States Senate on March 2, 1972.

SEC. 5 (a) There is hereby established the Chattahoochee River National Recreation Area Advisory Commission (hereafter referred to as the "Commission") which shall be composed of nine members to be appointed by the Secretary for terms of five (5) years as follows:

(1) Six members to be appointed from recommendations submitted by the Governor of the State of Georgia, two of which shall be residents of the Chattahoochee River Corridor Area, and two of which shall be from the membership of Georgia conservation groups;

(2) One member to be appointed from a recommendation submitted by the Secretary of the Army; and

(3) Two members to be appointed from recommendations submitted by the Atlanta Regional Commission.

(b) The Commission shall terminate ten years from the date of establishment of the recreation area.

(c) A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment (and for the balance of the unexpired term). The Chairman of the Commission shall be designated by the Secretary.

(d) The Commission shall act and advise by affirmative vote of a majority of its members.

(e) The Secretary or his designee shall from time to time, but at least semiannually, consult with the Commission with respect to matters relating to the development of the recreation area.

(f) Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this Act upon presentation of vouchers signed by the Chairman.

SEC. 6. (a) The Secretary may not expend more than $72,900,00 from the Land and Water Conservation Fund for land acquisition nor more than $500,000 for the development of essential facilities: Provided, That no funds for the development of essential facilities shall be authorized prior to October 1, 1978.