[Senate Report 108-24]
[From the U.S. Government Publishing Office]
Calendar No. 39
108th Congress Report
SENATE
1st Session 108-24
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CATOCTIN MOUNTAIN NATIONAL RECREATION AREA DESIGNATION ACT
_______
March 19, 2003.--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. 328]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 328) to designate Catoctin Mountain Park
in the State of Maryland as the ``Catoctin Mountain National
Recreation Area'', and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catoctin Mountain National
Recreation Area Designation Act''.
SEC. 2. CATOCTIN MOUNTAIN NATIONAL RECREATION AREA.
(a) Designation.--Catoctin Mountain Park in the State of Maryland
is designated as the Catoctin Mountain National Recreation Area.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to Catoctin Mountain Park
shall be deemed to be a reference to the Catoctin Mountain National
Recreation Area (hereinafter referred to as the ``recreation area'').
(c) Boundary.--
(1) In general.--The recreation area shall consist of land
within the boundary depicted on map entitled ``Catoctin
Mountain National Recreation Area'' numbered 841/80444A, and
dated March 7, 2003.
(c) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(3) Minor boundary adjustments.--The Secretary of the
Interior may make minor adjustments in the boundary of the
recreation area consistent with section 7(c) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9(c)).
(d) Administration.--
(1) In general.--The Secretary of the Interior shall
administer the recreation area in a manner that protects and
enhances the scenic, natural, cultural, historical, and
recreational resources of the recreation area, in accordance
with this Act and the laws generally applicable to units of the
National Park System, including the Act of August 25, 1916 (16
U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).''
(2) Cooperative agreement.--The Secretary of the Interior
shall enter into a cooperative agreement with the Secretary of
the Navy for the operation of the presidential retreat, known
as Camp David, while preserving the site as part of the
national recreation area. Nothing done under this Act shall
conflict with the administration of the presidential retreat as
a residence for the President and his family and for his
official purposes, nor shall it alter any privileges, powers,
or duties vested in the White House Police and the United
States Secret Service, Treasury Department, by section 202 of
title 3, United States Code, and section 3056 of title 18,
United States Code.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
PURPOSE OF THE MEASURE
The purpose of S. 328 is to designate Catoctin Mountain
Park in the State of Maryland as the ``Catoctin Mountain
National Recreation Area.''
BACKGROUND AND NEED
Catoctin Mountain Park, located in northern Maryland, was
established in 1935 by the National Industrial Recovery Act as
the Catoctin Recreation Demonstration Area (RDA) and
transferred to the National Park Service by Executive Order
7496 on November 14, 1936. On July 7, 1942 the Presidential
Retreat, Camp David, was established in the park. On June 11,
1954, approximately 4,400 acres south of Route 77 was
transferred to the State of Maryland and became Cunningham
Falls State Park. The current designation of the remaining part
of Catoctin RDA was changed to Catoctin Mountain Park on July
12, 1954. The park includes 5,770 acres with an average annual
visitation of 700,000.
Catoctin Mountain Park is continually misidentified as
either containing lake and beach areas associated with
Cunningham Falls State Park or as being operated by the State
of Maryland. Designation of the area as a National Recreation
Area will eliminate the confusion and be more consistent with
similar recreation areas.
LEGISLATIVE HISTORY
S. 328 was introduced by Senator Sarbanes on February 6,
2003. The Subcommittee on National Parks held a hearing on S.
328 on March 4, 2003. At the business meeting on March 12,
2003, the Committee on Energy and Natural Resources ordered S.
328, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on March 12, 2003, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 328, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 328, the Committee adopted
an amendment in the nature of a substitute which deletes the
congressional findings and purpose session. The amendment
includes a new map reference to clarify the boundary of the
recreation area, including the recent acquisition of an 18-acre
parcel. Finally, the amendment removes the subsection
authorizing land acquisition. This authority is not necessary
since all land inside the boundary is owned by the Federal
Government.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the Act the ``Catoctin Mountain National
Recreation Area Designation Act.''
Section 2 contains the designation, references, boundary
and administration requirements.
Section 3 authorizes the appropriations necessary to carry
out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 13, 2003.
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. 328, the Catoctin
Mountain National Recreation Area Designation 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,
Director.
Enclosure.
S. 328--Catoctin Mountain National Recreation Area Designation Act
S. 328 would redesignate the Catoctin Mountain Park in
Maryland as the Catoctin Mountain National Recreation Area. The
bill would authorize the appropriation of whatever amounts are
necessary to implement the redesignation.
CBO estimates that implementing S. 328 would have no
significant effect on the federal budget. The 5,770-acre park,
which is already a unit of the National Park System, would
continue to be operated by the National Park Service under its
existing authority. The bill would have no effect on the park's
boundaries, facilities, or operations. We expect that one-time
costs to revise park brochures, maps, and signs would be
minimal because most such revisions would take place in
conjunction with scheduled reprinting and other routine park
operations. CBO estimates that enacting S. 328 would not affect
revenues or direct spending.
S. 328 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This 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. 328. 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. 328, as ordered reported.
EXECUTIVE COMMUNICATIONS
On February 26, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 328. These reports
had not been received at the time the report on S. 328 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. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of deTeel Patterson Tiller, Acting Associate Director for
Cultural Resources, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 328, a bill to
designate Catoctin Mountain Park in the State of Maryland as
the ``Catoctin Mountain National Recreation Area.''
The Department supports S. 328. This legislation would
provide a name for Catoctin Mountain Park that is appropriate
for the purpose and use of this unit of the National Park
System, and it also would update the authorities for
administering this park.
Catoctin Mountain Park had its origins as one of 46 Great
Depression-era Recreational Demonstration Areas established by
the Resettlement Administration, which was authorized under the
National Industrial Recovery Act (1933) and Executive Orders of
President Franklin D. Roosevelt. The Resettlement
Administration acquired and developed Recreational
Demonstration Areas across the nation to provide accessible,
low-cost, quality outdoor recreation opportunities. They were
used for day trips, picnicking, and overnight camping by
families, social groups, and public organizations.
Catoctin Recreational Demonstration Area, which comprised
approximately 20,000 acres, was acquired after the area had
sustained years of charcoal production, mountain farming, and
harvesting of trees for timber. The Works Progress
Administration and the Civilian Conservation Corps administered
projects at Catoctin both to put people back to work and to
establish an outdoor recreation area for the urban dwellers of
nearby Washington, DC and Baltimore, Maryland. Jurisdiction
over the Catoctin Recreational Demonstration Area was
transferred to the National Park Service in 1935 by Executive
Order.
In 1942, one of the cabin camps built at Catoctin, Camp Hi-
Catoctin, was selected by President Roosevelt as the
Presidential Retreat we know today as Camp David. Catoctin's
distinctive history also includes serving as an O.S.S. training
camp during World War II, and having the first Job Corps camp
in the United States and the nation's oldest camp for the
disabled.
In 1954, approximately 4,400 acres of the area was
transferred to the State of Maryland and became Cunningham
Falls State Park. That same year, the Director of the National
Park Service approved the renaming of Catoctin Recreational
Demonstration Area as ``Catoctin Mountain Park'' and Congress
provided authority to exchange lands to consolidate holdings in
the park. Catoctin Mountain Park is currently 5,810 acres in
size and has an average annual visitation of 700,000. The park,
consisting largely of eastern hardwood forest, has many
attractions for visitors: camping, picnicking, fishing, 25
miles of hiking trails and scenic mountain vistas.
The proximity of Catoctin Mountain Park, Camp David, and
Cunningham Falls State Park has caused longstanding confusion
for visitors to the area. Catoctin Mountain Park is continually
misunderstood as being closed to the public because of the
presence of Camp David. Renaming the park as a ``national
recreation area'' would offer an opportunity to reintroduce the
park as an area that is open to public recreation. The public
also has difficulty understanding why there is a difference
between the activities permitted at Catoctin Mountain Park and
those permitted at Cunningham Falls State Park. Including the
word ``national'' in the name of Catoctin Mountain Park would
facilitate efforts to educate the public about these
differences and to emphasize the value the National Park
Service places on protecting cultural and natural resources for
future generations.
In addition, the name ``national recreation area'' would
also help distinguish Catoctin Mountain Park from other local
attractions, such as the privately-owned Catoctin Wildlife
Preserve and Zoo, which are often confused with the park. And,
the name change would enhance the efforts of the Maryland
Office of Tourism Development and local tourism officials to
promote the presence of the five National Park System units
located in Frederick County, one of which is Catoctin Mountain
Park.
In addition to changing the name of the Catoctin Mountain
Park, S. 328 would provide the usual authorities that are
included when a new unit of the National Park System is
established. These provisions will make it easier for the
National Park Service to administer the unit than continuing to
rely on the piecemeal authorities that were granted since the
1930's. The authorities provided by S. 328 include formally
establishing a boundary, permitting land acquisition within the
boundary, providing for administration of the unit in
accordance with laws governing the National Park System, and
authorizing appropriations for the park. These provisions will
ensure that the park is able to continue to appropriately
administer the park's significant historic resources and
important natural areas. The costs associated with this
legislation would be negligible.
We are currently reviewing previous authorities for
Catoctin Mountain Park to determine whether any of them should
be repealed in conjunction with providing the new authority for
the park under S. 328. We will advise the subcommittee of our
findings as soon as possible.
Mr. Chairman, this concludes my remarks. I will be happy to
answer any questions you or the other Committee members have.
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. 328, as ordered
reported.