[Senate Report 108-276]
[From the U.S. Government Publishing Office]
Calendar No. 532
108th Congress Report
SENATE
2d Session 108-276
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JOHNSTOWN FLOOD NATIONAL MEMORIAL BOUNDARY ADJUSTMENT ACT OF 2003
_______
May 20, 2004.--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 H.R. 1521]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1521) to provide for additional lands to
be included within the boundary of the Johnstown Flood National
Memorial in the State of Pennsylvania, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 1521 is to modify the boundaries of the
Johnstown Flood National Memorial in Pennsylvania, to include
approximately 14 acres of additional land.
BACKGROUND AND NEED
On May 31, 1889, the city of Johnstown, Pennsylvania, was
devastated by the worst inland flood in our nation's history.
At the time of the flood, the southwestern Pennsylvania city
had a population of 30,000, with a thriving industrial economy
fueled by the Pennsylvania Railroad and the nearby Cambria Iron
Company. Located fourteen miles up the Little Conemaugh River,
the old and poorly maintained South Fork Dam held the waters of
the three-mile long Lake Conemaugh in check. At 4:07 in the
afternoon, after several days of heavy rain, the South Fork Dam
collapsed sending 20 million tons of water downstream to
Johnstown. The collapse of the South Fork Dam resulted in
property damage of $17 million and the loss of 2,209 lives. The
flood was also the first disaster relief work for Clara Barton
and the Red Cross.
In 1964, Congress established the Johnstown Flood National
Memorial to interpret the events leading up to the Johnstown
flood, the flood itself, and of its effects on Johnstown and
the nation. The Memorial is administered by the National Park
Service.
In 2001, approximately 12 acres adjacent to the Memorial
and approximately 2.3 acres downstream from the Memorial (the
historic South Fork Fishing and Hunting Club) became available
for purchase. Acquisition of these properties would enhance the
ability of the National Park Service to effectively tell the
story of the events leading up to and following the flood. The
National Park Service completed its environmental review of the
properties, issuing a Finding of No Significant Impact in 2002.
H.R. 1521 would modify the boundaries of the Memorial to
include the additional 14 acres. The Secretary of the Interior
is authorized to acquire the parcels by donation, purchase from
willing sellers, or exchange.
LEGISLATIVE HISTORY
H.R. 1521 was introduced by Representative Murtha on March
13, 2003 and passed the House of Representatives by voice vote
on October 15, 2003. The Subcommittee on National Parks held a
hearing on H.R. 1521 on March 9, 2004. At the business meeting
on April 28, 2004 the Committee on Energy and Natural Resources
ordered H.R. 1521 favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on April 28, 2004, by unanimous voice
vote of a quorum present recommends that the Senate pass H.R.
1521.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles this bill as the ``Johnstown Flood
National Memorial Boundary Adjustment Act of 2003.''
Section 2 modifies the boundary of the memorial to include
the area as depicted on the map entitled ``Johnstown Flood
National Memorial, Cambria County, Commonwealth of
Pennsylvania'', numbered N.E.R.O. 427/80,008, dated June 2003.
Section 3 authorizes the Secretary of the Interior to
acquire from willing sellers the land or interest in land as
described in section 2 by donation, purchase with donated or
appropriated funds, or exchange.
Section 4 directs the Secretary of the Interior to
administer lands added in section 2 as part of the Memorial in
accordance with applicable laws and regulations.
Section 5 authorizes the appropriation of such sums as are
necessary to carry out this Act in addition to amounts
otherwise made available for land acquisition.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 4, 2004.
Hon. Pete V. Domenici,
Chairmn, 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 H.R. 1521, the
Johnstown Flood National Memorial Boundary Adjustment Act of
2003.
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.
H.R. 1521--Johnstown Flood National Memorial Boundary Adjustment Act of
2003
H.R. 1521 would expand the boundary of the Johnstown Flood
National Memorial to include an additional 14 acres of land,
which the National Park Service (NPS) would be authorized to
acquire by purchase, donation, or exchange. The act would
authorize the appropriation of whatever amounts are necessary
to acquire and administer the new acreage.
Assuming appropriation of the necessary amounts, CBO
estimates that the federal government would spend about $4.5
million to implement H.R. 1521 over the next five years. About
$1 million of that amount would be used to purchase the land
within the proposed addition area over the next year or two. We
expect that the NPS would spend the balance of the funds to
restore four historic buildings on the newly acquired
properties. Finally, we estimate that operating and maintaining
the new property would cost about $500,000 annually after
acquisition and development is complete.
H.R. 1521 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.
On October 3, 2003, CBO transmitted a cost estimate for
H.R. 1521 as ordered reported by the House Committee on
Resources on September 24, 2003. The two versions of the
legislation are identical, as are the cost estimates.
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 H.R. 1521.
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 H.R. 1521.
EXECUTIVE COMMUNICATIONS
On February 25, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Interior and the Office of Management and Budget setting forth
Executive agency recommendations on H.R. 1521. These reports
had not been received whenthis report was filed. The testimony
provided by the Department of the Interior at the Subcommittee hearing
on H.R. 1521 follows:
Statement of P. Daniel Smith, Special Assistant, 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 H.R. 1521, a bill to
provide for additional lands to be included within the boundary
of the Johnstown Flood National Memorial in the State of
Pennsylvania.
The amended bill, as passed by the House, would add six
parcels of land to the boundary of the park to provide
permanent protection for resources that are integral to the
historic events that the park was established to commemorate.
Five of the parcels, totaling 2.33 acres, are approximately
three miles from the park in the village of Saint Michael where
the former South Fork Fishing and Hunting Club was located. The
sixth parcel, comprising approximately 12 acres, is adjacent to
the current boundary. Land acquisition costs for these six
parcels are approximately $805,000. All parcels are for sale by
willing sellers.
The Department supports the President's Initiative to
address the deferred maintenance backlog and taking care of our
current responsibilities. In this instance, we are faced with a
unique situation concerning this boundary adjustment. The
historic structures central to this acquisition have always
been considered key components of the park, but were to be
protected, maintained, and interpreted through a public-private
partnership. However, the partner can no longer perform this
function, based on financial problems. For this reason, the
Department believes it is appropriate to move forward with this
bill at this time.
Johnstown Flood National Memorial comprises nearly 165
acres in western Pennsylvania. The park's mission is to tell
the stories of the events leading up to the Johnstown flood, of
the flood itself, and of its effects on Johnstown and the
nation.
The addition of the South Fork Fishing and Hunting Club
properties would significantly increase the park's capability
to interpret the important events surrounding the Johnstown
flood and the individuals associated with it.
On May 31, 1889, a poorly maintained earthen dam breached,
sending 20 million tons of water down the Little Conemaugh
Valley into Johnstown and other surrounding communities. A 36-
foot wall of water rolled over the town at 40 miles per hour,
flattening houses, trees, locomotives, and everything else in
its path. By the disaster's end, 2,209 people had perished in
the flood, another 40 died in the weeks after from typhoid, and
property damage was estimated at $17 million. It was the worst
inland flood in the nation's history and the first test of the
newly formed American Red Cross, headed up by Clara Barton.
A pivotal part of the story revolves around the South Fork
Fishing and Hunting Club, located in Saint Michael, which in
1879 had purchased an abandoned reservoir, repaired the old
dam, and created a private lake and recreational area for its
members. Because the dam was not properly constructed or
maintained, it gave way after heavy rains pounded the area,
overtaxing the Lake Conemaugh dam spillway and eventually
causing the dam to fail.
In 1986, the South Fork Fishing and Hunting Club Historic
District was listed on the National Register of Historic Places
at the state level of significance.
In 1989, the Park Service and residents of Saint Michael
undertook a joint planning effort, which produced the
Preservation and Interpretation Plan for the South Fork Fishing
and Hunting Club Historic District. This plan outlined concepts
and guidance for basic visitor services, interpretation,
cultural resource preservation and maintenance. As a result of
the plan, there developed a structured partnership between the
village of Saint Michael and the Park Service, designed to
protect, maintain and manage the South Fork Fishing and Hunting
Club clubhouse and other significant cottages in the historic
district. The 1889 South Fork Fishing and Hunting Club
Historical Preservation Society was formed to be the principal
community body working with the Park Service in the
implementation of the plan. Since the original planning
efforts, the Society has obtained ownership of the Clubhouse,
the Annex, the Moorehead Cottage, and the Brown Cottage. These
properties were not originally included within the boundary of
the park because it was understood that a local entity could
adequately provide for their protection and interpretation.
Unfortunately, the Society lacks the resources to continue
to maintain the properties they own, let alone preserve and
develop them according to approved plans. The Society is
struggling to make mortgage payments, and while they are
desperately seeking a solution, the properties are
deteriorating and losing historic integrity. In 2000, the
Society worked with a private, non-profit historic property
development company to try and obtain private sector interest
in purchasing the properties, but was not successful. There is
an imminent threat to the protection of these resources. The
private owner has already listed these historic structures and
properties for sale on the open market.
In 2001, the National Park Service completed a special
resource study and environmental assessment to evaluate options
for protection and interpretation of the additional parcels of
land. Based upon the report, the Park Service proposed to add
these parcels of land to the boundary of the park and to
acquire the parcels in fee simple. Within the village of Saint
Michael, four historically significant properties would be
acquired. These structures include the former clubhouse of the
South Fork Fishing and Hunting Club, the Clubhouse Annex, and
two cottages built by club members. One undeveloped parcel, the
Clubhouse Side-yard that sits between the Clubhouse and the
Clubhouse Annex, would also be added. The final parcel would
protect the historic viewshed of the park, preserving the rural
character of the Unger House property (Elias Unger was
president of the South Fork Fishing and Hunting Club), owned by
the National Park Service.
If the Park Service acquired the historic buildings, we
would explore the option of a public-private partnership to
lease the buildings to the private sector for commercial and
residential use. Through our historic leasing program, the
private sector could sign a long-term lease with the Park
Service that would cover a portion of the operations and
maintenance costs of the properties, which ranges from $75,000
to $310,000. In addition, the private sector could rehabilitate
the buildings, estimated to cost upwards of $2.9 million, using
private funds in return for federal historic preservation tax
credits. This would decrease the financial burden placed on the
Park Service by the addition of these properties to the park.
There has already been interest expressed by local businesses
in this proposal.
The proposal to add these properties to the boundary of the
park has widespread support among the property owners, state
and local governments, and the public who attended a public
meeting in July 2001 in Saint Michael. Public comments received
were unanimous in support of the proposal.
We look forward to working with the local communities in
Saint Michael and Johnstown to acquire these historically
significant properties that will help tell the entire story of
the events of the 1889 Johnstown Flood, from the actions
leading up to the flood through its devastating aftermath.
Thank you for the opportunity to comment. This concludes my
prepared remarks. I would be glad to answer any questions that
you or the members of the committee may 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 Act H.R. 1521 as
ordered reported.