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76-086 PS 2002

H.R. 2234 AND H.R. 2238

LEGISLATIVE HEARING

BEFORE THE

SUBCOMMITTEE ON NATIONAL PARKS, RECREATION,

AND PUBLIC LANDS

OF THE

COMMITTEE ON RESOURCES

U.S. HOUSE OF REPRESENTATIVES

ONE HUNDRED SEVENTH CONGRESS

FIRST SESSION

November 13, 2001

Serial No. 107-75

Printed for the use of the Committee on Resources

(

Available via the World Wide Web: http://www.access.gpo.gov/congress/house

or

Committee address: http://resourcescommittee.house.gov

(II)

COMMITTEE ON RESOURCES

JAMES V. HANSEN, Utah, Chairman

NICK J. RAHALL II, West Virginia, Ranking Democrat Member

Don Young, Alaska,

Vice Chairman

W.J. ‘‘Billy’’ Tauzin, Louisiana

Jim Saxton, New Jersey

Elton Gallegly, California

John J. Duncan, Jr., Tennessee

Joel Hefley, Colorado

Wayne T. Gilchrest, Maryland

Ken Calvert, California

Scott McInnis, Colorado

Richard W. Pombo, California

Barbara Cubin, Wyoming

George Radanovich, California

Walter B. Jones, Jr., North Carolina

Mac Thornberry, Texas

Chris Cannon, Utah

John E. Peterson, Pennsylvania

Bob Schaffer, Colorado

Jim Gibbons, Nevada

Mark E. Souder, Indiana

Greg Walden, Oregon

Michael K. Simpson, Idaho

Thomas G. Tancredo, Colorado

J.D. Hayworth, Arizona

C.L. ‘‘Butch’’ Otter, Idaho

Tom Osborne, Nebraska

Jeff Flake, Arizona

Dennis R. Rehberg, Montana

George Miller, California

Edward J. Markey, Massachusetts

Dale E. Kildee, Michigan

Peter A. DeFazio, Oregon

Eni F.H. Faleomavaega, American Samoa

Neil Abercrombie, Hawaii

Solomon P. Ortiz, Texas

Frank Pallone, Jr., New Jersey

Calvin M. Dooley, California

Robert A. Underwood, Guam

Adam Smith, Washington

Donna M. Christensen, Virgin Islands

Ron Kind, Wisconsin

Jay Inslee, Washington

Grace F. Napolitano, California

Tom Udall, New Mexico

Mark Udall, Colorado

Rush D. Holt, New Jersey

James P. McGovern, Massachusetts

Anibal Acevedo-Vila, Puerto Rico

Hilda L. Solis, California

Brad Carson, Oklahoma

Betty McCollum, Minnesota

Allen D. Freemyer, Chief of Staff

Lisa Pittman, Chief Counsel

Michael S. Twinchek, Chief Clerk

James H. Zoia, Democrat Staff Director

Jeff Petrich, Democrat Chief Counsel

SUBCOMMITTEE ON NATIONAL PARKS, RECREATION,

AND PUBLIC LANDS

GEORGE P. RADANOVICH, California, Chairman

DONNA M. CHRISTENSEN, Virgin Islands Ranking Democrat Member

Elton Gallegly, California

John J. Duncan, Jr., Tennessee

Joel Hefley, Colorado

Wayne T. Gilchrest, Maryland

Walter B. Jones, Jr., North Carolina,

Vice Chairman

Mac Thornberry, Texas

Chris Cannon, Utah

Bob Schaffer, Colorado

Jim Gibbons, Nevada

Mark E. Souder, Indiana

Michael K. Simpson, Idaho

Thomas G. Tancredo, Colorado

Dale E. Kildee, Michigan

Eni F.H. Faleomavaega, American Samoa

Frank Pallone, Jr., New Jersey

Tom Udall, New Mexico

Mark Udall, Colorado

Rush D. Holt, New Jersey

James P. McGovern, Massachusetts

Anibal Acevedo-Vila, Puerto Rico

Hilda L. Solis, California

Betty McCollum, Minnesota

(III)

CONTENTS

Page

Hearing held on November 13, 2001 ...................................................................... 1

Statement of Members:

McConnell, Hon. Mitch, a U.S. Senator from the State of Kentucky,

Statement submitted for the record on H.R. 2238 .................................... 6

Pastor, Hon. Ed, a Representative in Congress from the State of Arizona . 7

Prepared statement on H.R. 2234 ........................................................... 8

Radanovich, Hon. George P., a Representative in Congress from the State

of California ................................................................................................... 1

Prepared statement on H.R. 2234 and H.R. 2238 ................................. 2

Rogers, Hon. Harold, a Representative in Congress from the State of

Kentucky ........................................................................................................ 2

Prepared statement on H.R. 2238 ........................................................... 5

Statement of Witnesses:

Bowling, Karla L., Executive Director, Bell County Chamber of

Commerce, Middlesboro, Kentucky ............................................................. 22

Prepared statement on H.R. 2238 ........................................................... 24

Russell, Elise, Legislative Analyst, Conservation Policy, National Parks

Conservation Association, Washington, D.C. .............................................. 19

Prepared statement on H.R. 2234 ........................................................... 20

Soukup, Dr. Michael, Associate Director, Natural Resource Stewardship

and Science, National Park Service, U.S. Department of the Interior,

Washington, D.C. .......................................................................................... 12

Prepared statement on H.R. 2234 ............................................................ 13

Prepared statement on H.R. 2238 ............................................................ 17

(1)

LEGISLATIVE HEARING ON H.R. 2234, THE

TUMACACORI NATIONAL HISTORICAL PARK

BOUNDARY REVISION ACT OF 2001; AND

H.R. 2238, A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ACQUIRE

FERN LAKE AND THE SURROUNDING

WATERSHED IN THE STATES OF KENTUCKY

AND TENNESSEE FOR ADDITION TO CUMBERLAND GAP NATIONAL HISTORICAL

PARK, AND FOR OTHER PURPOSES.

Tuesday, November 13, 2001

U.S. House of Representatives

Subcommittee on National Parks, Recreation, and Public Lands

Committee on Resources

Washington, DC

The Subcommittee met, pursuant to call, at 2:05 p.m., in Room

1334, Longworth House Office Building, Hon. George Radanovich

[Chairman of the Subcommittee] presiding.

STATEMENT OF THE HON. GEORGE RADANOVICH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. RADANOVICH. Good afternoon. The Subcommittee on National Parks, Recreation and Public Lands hearing on H.R. 2234

and H.R. 2238 is now in session, and I want to welcome those that

are here to review those two bills.

The Subcommittee will come to order. This afternoon the Subcommittee on National Parks, Recreation and Public Lands will

hear testimony on two bills, H.R. 2234 and H.R. 2238.

Our first bill, H.R. 2234, is introduced by Congressman Ed Pastor of Arizona. It would expand the boundary of Tumacacori National Historical Park in the State of Arizona to include approximately 310 acres of land adjacent to the park.The boundary expansion would allow the Park Service to replant the mission orchard

and add a program with livestock farming as well as develop more

of the Juan Bautista de Anza National Historic Trail.

Our second bill is H.R. 2238, introduced by Congressman Harold

Rogers of Kentucky, which would permit the Secretary of the InteVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
2

rior to purchase Fern Lake and the surrounding watershed in Tennessee and Kentucky for addition to the Cumberland Gap National

Historical Park. The boundary expansion would allow the National

Park Service to preserve the important Fern Lake watershed as

well as ensure the water supply for the City of Middlesboro, Kentucky is protected for generations to come.

At this time I would like to ask unanimous consent that Congressmen Pastor and Rogers be permitted to sit on the dias following the statements. Without objection, I assume, so ordered.

And I would like to thank all of the witnesses for being here

today, and would turn my time over to Mrs. Christensen. She

sends her regrets, She is on the airplane as we speak, coming to

Washington.

[The statement of Mr. Radanovich follows:]

Statement of Hon. George Radanovich, a Representative in Congress from

the State of California

Good afternoon and welcome to the hearing today. The Subcommittee will come

to order. This afternoon, the Subcommittee on National Parks, Recreation, and Public Lands will hear testimony on two bills—H.R. 2234 and H.R. 2238.

Our first bill, H.R. 2234, introduced by Congressman Ed Pastor of Arizona, would

expand the boundary of the Tu-ma-cacori National Historical Park in the State of

Arizona to include approximately 310 acres of land adjacent to the park. The boundary expansion would allow the Park Service to replant the mission orchard and add

a program with livestock and farming, as well as develop more of the Juan Bautista

de Anz National Historic Trail.

Our second bill, H.R. 2238, introduced by Congressman Harold Rogers of Kentucky, would permit the Secretary of the Interior to purchase Fern Lake and the

surrounding watershed in Tennessee and Kentucky for addition to Cumberland Gap

National Historical Park. The boundary expansion would allow the National Park

Service to preserve the important Fern Lake watershed as well as ensure that the

water supply for the city of Middlesboro, Kentucky, is protected for generations to

come.

At this time, I would like to ask unanimous consent that Congressman Pastor and

Congressman Rogers be permitted to sit on the dias following their statements.

Without objection [PAUSE], so ordered.

I would like to thank all of our witnesses for being here today to testify on these

bills and now turn the time over to Mrs. Christensen.

Mr. RADANOVICH. So I will turn it over to Mr. Hefley, if you have

got any opening comments.

Mr. HEFLEY. No comments, Mr. Chairman.

Mr. RADANOVICH. Well, thank you. I will introduce our first

panel. Congressman Harold Rogers. Harold, good afternoon. And

please take the time needed to discuss your bill, H.R. 2238.

STATEMENT OF THE HON. HAROLD ROGERS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF KENTUCKY

Mr. ROGERS. Mr. Chairman, thank you very much, and Mr.

Hefley, for this opportunity that you have given us to discuss these

bills. The bill that I am testifying on behalf of, 2238, was introduced jointly by Senator McConnell and myself earlier on this year.

I appreciate the Chairman’s willingness to reschedule this hearing

in a timely manner to accommodate us. We appreciate it very

much. I know how difficult it has been to get in this building lately,

and we would hope and trust that they have done a good job in preparing it for us.

3

I also want to introduce Karla Bowling from Middlesboro, Kentucky who will be testifying on the second panel in support of this

important legislation.

She is the president of the local Chamber of Commerce in

Middlesboro, Kentucky, and hardly any one in Middlesboro would

know more about the tremendous economic and recreational potential this legislation could bring to that region. I thank her for traveling so far on such short notice to provide this valuable insight.

Mr. Chairman, this bill is an essential piece of legislation which

will forever protect one of the most pristine areas in the Commonwealth of Kentucky for future generations. The bill aims to incorporate Fern Lake, an unspoiled body of water nestled in the Appalachian Mountains on the Kentucky-Tennessee border, into the

Cumberland Gap National Historical Park.

And if the Chairman and Mr. Hefley will notice, we have some

photographs before you of the property about which we are talking.

As you can see from those pictures and your folders, the lake and

the surrounding watershed are of unparalleled beauty. Each photo

captures the essence of what thousands of park visitors already experience each year, because this particular landscape is visible

from Pinnacle Overlook, which is the prime spot of the Cumberland

Gap National Historical Park, and the most popular attraction.

This is what you see from that pinnacle, at least some of it.

It is not hard to understand why this legislation is needed, looking at these photographs,and why the Congress should act quickly

to ensure its preservation.

Mr. Chairman, in true democratic form, this legislation finds its

roots in a citizen petition delivered to me by the mayor of

Middlesboro, Ben Hickman. From there we sat down with the National Park Service and brought them together with local officials

to create this win-win opportunity for the park and the entire region.

In short, the bill will protect the lake as a clean and safe source

of water, enhance the scenic, recreational, and wildlife value of the

park, and increase tourism opportunities in the tri-State areas of

Kentucky, Virginia, and Tennessee.

For those who are unfamiliar with this part of the world, the

Cumberland Gap National Historical Park is 20,000 acres of virtually untouched frontier countryside established by the Congress

in 1940. It is being called and has been called the ‘‘first frontier’’,

where Daniel Boone blazed a trail through these mountains. This

gap in the mountains is the only place along hundreds of miles

where access was possible in the late 18th century, and led the way

for thousands of other settlers to find a new start in this new

world.

And so many of those who live west of Kentucky, their ancestors

came through this gap on the way to the settlement of what is now

the western U.S. The Congress rightly recognized the importance

of permanently protecting this frontier. Today, you are being asked

to continue these endeavors by approving this Fern Lake addition.

Because of the conditions set forth in the original legislation, no

appropriated funds can be used to purchase additional acreage unless specifically authorized by Congress. This bill provides that authorization and paves the way for an additional 4,500 acres to be

4

included in the park, if willing sellers appear and if appropriations

become available.

One of the principal goals of the legislation is to ensure the continued use of the lake as a clean, safe water supply for the city of

Middlesboro and environs. This dam was constructed in 1893, creating a 150-acre lake, and has been privately owned for most of its

existence. Last year, however, the lake went up for sale on the

open market, and there is considerable concern that a new owner

may not share the same interests as the community.

Mrs. Bowling will testify that the lake is the sole water source

for the city, and many businesses in the area rely on the uncommon purity of the water for their livelihood. Mrs. Bowling was relating to me a few minutes ago that she is staying overnight at one

of our local hotels in Washington. She turned on the water faucet

for a glass of water. And having been used to the purity of the

water from Fern Lake, she was absolutely almost poisoned by the

water she drank here. She said it tasted awful.

So it is imperative that we keep this watershed free from the environmental hazards that overdevelopment might entail. Under the

legislation, the city would be allowed to purchase Fern Lake water

from the National Park Service, and in turn those proceeds could

be used by the National Park Service for costs associated with

managing the lake or other needs in the park.

I understand the Park Service may offer clarifying language regarding the disposition of the water supply. I want to state for the

record that I will continue to work with them to ensure that they

have the flexibility that they need. I have no doubt the Park Service will prove to be a valuable steward of this land, and I have complete confidence in their ability to craft an acceptable solution that

will meet the community’s water resource needs.

In fact, Mr. Chairman, the Park Service has already proven its

willingness to work constructively and openly on areas of common

concern. Whether it be protecting the rights of landowners or protecting the landscape in unwanted mining or commercial development, they have continually worked with the community to ensure

their water supply would remain untouched and environmentally

intact.

More recently, their offices have worked closely with mine to ensure the language in this bill fully protects the private property

rights of those holding land within the proposed acquisition boundaries. This was especially important to me personally, as I have

been troubled with the actions and attitudes of previous administrations, and remain skeptical and cautious when the government

starts talking of taking new Federal lands from private sources.

In crafting this bill, we took great care to make sure an appropriate balance has been met between environmental protection and

the needs of the community. This legislation builds upon the community’s consensus and protects the property rights of all affected

land owners.

Not one parcel of this land will be acquired without the firm consent of the owner. This will not be a taking. Not one National Park

Service management proposal will be implemented until community leaders from the tri-State area are consulted. These requireVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00008 Fmt 6633 Sfmt 6602 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
5

ments are specified in bill language, with the Park Service’s full

support.

Lastly, Mr. Chairman, it cannot be overstated how important

this legislation is to the economic well-being of the citizens of the

center of Appalachia. This proposed Federal investment in our rich

cultural heritage would certainly bring a lot of added tourism revenue and jobs to an area that is absolutely starved of both. Tourism is an essential part of this region’s economic development, and

we have to seize every opportunity we can to further strengthen

that sector. We are leaving no stone unturned in continuing efforts

to build the Appalachian economy and create quality jobs within

the region.

We hope that the Subcommittee agrees with this request. And

we want to thank the Subcommittee and its Chairman, Mr. Hefley,

and others for rescheduling the hearing to accommodate us and

giving us every chance to make our case.

[The statement of Mr. Rogers follows:]

Statement of Hon. Harold Rogers, a Representative in Congress from the

State of Kentucky

Good afternoon, Chairman Radanovich, and other members of the Subcommittee.

I am pleased to have the opportunity today to discuss H.R. 2238, the Fern Lake

Conservation and Recreation Act of 2001, introduced jointly by Senator McConnell

and myself earlier this year. I appreciate your willingness to reschedule this hearing

in a timely manner. We all know how difficult it has been for your subcommittee

to even function since the anthrax scare, so I’m grateful to be on the docket so soon

after the reopening of your offices.

I also want to introduce Ms. Karla Bowling from Middlesboro, Kentucky, who will

also be testifying this afternoon in support of this important legislation. As the

President of the local Chamber of Commerce, hardly anyone in Middlesboro knows

more about the tremendous economic and recreational potential this legislation

could bring to the community, and I thank her for traveling so far on such short

notice to provide this valuable insight.

Mr. Chairman, the bill before you today is an essential piece of legislation, which

will forever protect one of the most pristine areas in the Commonwealth of Kentucky for future generations. The bill aims to incorporate Fern Lake, an unspoiled

body of water nestled in the Appalachian Mountains on the Kentucky–Tennessee

border, into the Cumberland Gap National Historical Park.

As you can see from the pictures on display and in your folders, the lake and its

surrounding watershed are of unparalleled beauty. Each photo captures the essence

of what thousands of Park visitors already experience each year, as this spectacular

landscape is visible from Pinnacle Overlook, the most popular attraction in the

Park. Just from the photos alone, it is not hard to understand why this legislation

is needed, and why Congress should act quickly to ensure its preservation.

Mr. Chairman, in true democratic form, this legislation finds its roots in a citizen

petition, which was delivered to me by Mr. Ben Hickman, the mayor of Middlesboro.

From there, we sat down with the National Park Service and brought them together

with local officials to create this win-win opportunity for the park and the entire

region. In short, this bill will protect the lake as a clean and safe source of rural

water, enhance the scenic, recreational, and wildlife value of the Park, and increase

tourism opportunities in the tri-state areas of Kentucky, Virginia, and Tennessee.

For those on the subcommittee who are unfamiliar with this part of the world,

the Cumberland Gap National Historical Park is 20,000 acres of virtually untouched

frontier countryside, established by Congress in 1940. It is, as some say, the ‘‘first

frontier’’, where Daniel Boone blazed the Cumberland Gap trail in the late 18th century, leading the way for thousands of other settlers hoping to find a fresh start

in this new world. Congress rightly recognized the importance of permanently protecting this frontier, and today, you are being asked to continue these endeavors by

approving the Fern Lake addition. Because of the conditions set forth in the original

legislation, no appropriated funds can be used to purchase additional acreage unless

specifically authorized by Congress. H.R. 2238 provides this authorization, and

paves the way for an additional 4,500 acres to be included in the Park, if willing

sellers appear, and appropriations become available.

6

One of the principal goals of the legislation is to ensure the continued use of the

lake as a clean, safe water supply for the city of Middlesboro. Constructed in 1893,

the 150-acre lake has been privately owned for most of its existence. Last year, however, the lake went up for sale on the open market, and there is considerable concern that a new owner may not share the same interests as the community. As Ms.

Bowling will testify, the lake is the sole water source for the city, and many businesses in the area rely on the uncommon purity of the water for their livelihood.

It is therefore imperative that we keep this watershed free from the environmental

hazards that over-development entail. Under the legislation, the City would be allowed to purchase Fern Lake water from the National Park Service and those proceeds could be used for costs associated with managing the lake or other needs in

the Cumberland Gap park.

I understand that the Park Service may offer clarifying language regarding the

disposition of the water supply, and I want to state for the record that I will continue to work with them to ensure they have the flexibility they need. I have no

doubt that the Park Service will prove to be a valuable steward of this land, and

I have complete confidence in their ability to craft an acceptable solution that will

meet the community’s water resource needs.

In fact, Mr. Chairman, the Park Service has already proven its willingness to

work constructively and openly on areas of common concern, whether it be protecting the rights of landowners or protecting the landscape from unwanted mining

or commercial development. They have continually worked with the community to

ensure their water supply would remain untouched and environmentally intact.

More recently, their offices have worked closely with mine to ensure the language

in the bill fully protects the private-property rights of those holding land within the

proposed acquisition boundaries. This was especially important to me personally, as

I have been troubled with the actions and attitudes of previous Administrations and

remain skeptical and cautious when the government starts talking of new federal

acquisition on private lands. In crafting this bill, we took great care to make sure

an appropriate balance had been met between environmental protection and the

needs of the community. This legislation builds upon community consensus and protects the property rights of all affected landowners. Not one parcel of land will be

acquired without the firm consent of the owner. Not one National Park Service management proposal will be implemented until community leaders from the tri-state

area are consulted. These requirements are specified in bill language, with the Park

Service’s full support.

Lastly, Mr. Chairman, it can not be overstated how important this legislation is

to the economic well being of the citizens of rural Appalachia Kentucky. This proposed federal investment in our rich cultural heritage would certainly bring added

tourism revenue and jobs to this area, both of which are desperately needed in these

trying times. Tourism is an essential part of our region’s economic development, and

we must seize every opportunity to further strengthen this sector. I am leaving no

stone unturned in my continuing efforts to build the Appalachian economy and create quality jobs within the region. I hope I can have this subcommittee’s support

in continuing these endeavors.

That concludes my remarks, and I would ask that a statement from Senator

McConnell in support of the bill also be inserted in the record at this time.

Mr. ROGERS. Let me conclude by asking that a statement from

Senator McConnell in support of the bill also be inserted in the

record at this time.

Mr. RADANOVICH. There being no objection, so ordered.

[The information referred to follows:]

Statement of Senator Mitch McConnell, a U.S. Senator from the state of

Kentucky

Mr. Chairman, thank you for allowing me to submit a statement on a clean water

and conservation issue that is critically important to my state - the acquisition of

Fern Lake by the National Park Service.

As you may know, on June 19, 2001, I introduced legislation in the Senate that

parallels Congressman Rogers’ legislation to authorize the National Park Service to

acquire Fern Lake as an addition to the Cumberland Gap National Historic Park.

Our bill, the Fern Lake Conservation and Recreation Act of 2001, aims to protect

this natural landmark on the Kentucky–Tennessee border that has served as the

municipal water supply for Middlesboro, Kentucky since the lake was constructed

7

in 1893. Enabling the Park Service to acquire Fern Lake will accomplish important

environmental, aesthetic, and economic objectives. First, NPS ownership of Fern

Lake will ensure that the lake remains a clean and safe source of rural water for

Kentuckians. Second, adding Fern Lake to the Cumberland Gap National Historical

Park will undoubtedly enhance the scenic and recreational value of the Park. Third,

NPS ownership of Fern Lake will increase tourism opportunities in the three states

that border the Park - Kentucky, Tennessee, and Virginia - which will, in turn, increase economic development opportunities in these areas.

Although Fern Lake has been privately owned for most of its existence, it has

been for sale since July 2000. Middlesboro citizens, who rely on the Lake for their

drinking water, are concerned that a new private owner may not share their level

of interest in protecting the pristine quality of the water. To ensure that the quality

of the lake is protected for drinking water purposes, community leaders and town

residents have called for the Park to purchase Fern Lake. Under our legislation, the

Park will be required to maintain Fern Lake as a source of clean drinking water,

will be authorized to sell water to the city of Middlesboro, and will allow the Secretary of the Interior to spend the proceeds of the water sales without further appropriation. This solution would guarantee management of this wonderful resource consistent with the drinking water needs of the community.

The Park currently is prohibited by law from expanding its boundaries by purchasing new land . with appropriated funds. Our legislation, therefore, authorizes

the Park to use appropriated funds, if necessary, to purchase Fern Lake (and up

to 4,500 acres of the surrounding watershed) and to manage the lake for public recreational uses. We recognize that the addition of Fern Lake to the Park will increase the scenic and recreational values of Fern Lake, which will enhance the tourism industry in three states - Kentucky, Tennessee, and Virginia. Accordingly, our

legislation provides that the Secretary of the Interior will consult with appropriate

officials in these states to determine the best way to manage the municipal water

supply and to promote the increased tourism opportunities associated with Park

ownership of Fern Lake. Finally, like all responsible conversation efforts, our bill

requires that the Park acquire land from willing sellers only.

The Department of Interior previously has demonstrated an interest in protecting

the Fern Lake watershed area. In 1996, the Secretary declared 214 acres of the watershed on the Tennessee side of Fern Lake unsuitable for surface coal mining, and

in 1998, the National Park Service took action again to protect the Kentucky side

of the watershed from surface coal mining.

Congressman Rogers and I believe that it is now time to provide permanent protection for Fern Lake by including it in the Cumberland Gap National Historic

Park. We are proud that our legislation has been endorsed by the National Parks

Conservation Association, as well as by the citizens and community leaders who are

stakeholders in the Fern Lake property. I urge the Committee to give this legislation favorable consideration, paving the way for the National Park Service to protect

this natural treasure.

Mr. ROGERS. Thank you, Mr. Chairman.

Mr. RADANOVICH. Thank you, Mr. Rogers. And please feel free to

join us on the dias when we—at any time for our next panel.

Mr. Pastor, welcome.

Mr. ROGERS. Thank you. I appreciate it.

Mr. RADANOVICH. Please feel free to go ahead and talk about

H.R. 2234.

STATEMENT OF THE HON. ED PASTOR, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ARIZONA

Mr. PASTOR. First of all, let me submit my written statement for

the record and ask unanimous consent to revise and extend my remarks.

Mr. RADANOVICH. No objection, so ordered.

Mr. PASTOR. Good afternoon. I also would like to thank you for

giving us this opportunity to talk about 2234 and also for rescheduling this hearing. And we greatly appreciate it.

8

Tumacacori is located in southeastern Arizona, and it is one of

the most beautiful national areas that you will find. Arizona has

many wonderful natural wonders, but this one is extremely beautiful and pretty much undeveloped. In the 1600’s as the Spaniards

came from Mexico into Arizona and New Mexico and then north to

other areas of the United States, they developed a series of missions, and Tumacacori is one of the missions that they established.

So there is a lot of history in this area.

In the 1900’s President Roosevelt declared it a monument and

set aside about 10 acres, and in the 1990’s it became a park. We

want to preserve the mission and also enhance the property by expanding the boundary by 310 acres.

The owners of the land are willing to sell and have been working

with the Park Service. And because we want to accommodate them,

we need to move this bill as quickly as possible. So we have willing

sellers. The Park Service has been working with the people adjacent to the mission.

Once the boundaries are expanded, what we would like to do is

protect a trail that borders the mission to Presidio further north,

the de Anza Trail. It is a trail that starts in Mexico, extends

through Arizona and into California and ends in San Francisco.

It was one of the trails that was given a designation as ‘‘millennium trails.’’ We have the Park Service that wants to expand the

property. And what they expect to do is develop orchards that were

founded in the early 1600’s and then go on through the history of

Tumacacori.

Also, we would like to build administration buildings and storage

buildings away from the mission. So that would be another objective of this extension of the boundaries.

We would like to make this mission a living history mission. It

is today being visited by people who travel in southeastern Arizona,

and as they see the mission, we would like to enhance the mission

by adding a living history.

For example, today, if you were to travel to Tumacacori on the

weekend, the Native Americans who live adjacent to the mission,

you would be able to buy some of the artifacts that they produce

and also some of the food, Indian fried bread, there at the mission.

We also want to protect the area that has many artifacts. We

want to preserve the history of this mission. It is a small place in

history, but we think it has a large place in our civilization. And

I know that this Subcommittee is wanting to preserve as much as

we can of our history in this country, and by extending the boundaries of Tumacacori we will be able to enhance the mission and enhance the living history of it and preserve the history that we find

in southeastern Arizona.

So I thank you, Mr. Chairman, for having this hearing. I thank

Chairman Hefley for being here, and my friend, Tom Udall from

New Mexico. If there are any questions, we will be happy to answer

them. But, again, very appreciative of having this hearing.

[The statement of Mr. Pastor follows:]

Statement of Hon. Ed Pastor, a Representative in Congress from the State

of Arizona

Mr. Chairman, Madam Ranking Member, Members of the Subcommittee:

9

I appreciate the opportunity to come before you to discuss the Tumacacori National Historic Park Boundary Revision Act, H.R. 2234. I introduced the bill in June

of this year in an effort to ensure that the complete historical importance of the

Tumacacori National Historic Park is recognized.

H.R. 2234 would authorize the expansion of the Park by approximately 310 acres

of adjacent private property. It is my understanding the property owners are willing

to sell and most of the acreage has already been listed.

To offer the Subcommittee a small bit of Southwest history, Tumacacori is one of

the chain of missions established by the Spanish in the Pimeria Alta, or land of the

Upper Pima Indians, from Sonora, Mexico to San Xavier del Bac near Tucson, Arizona. After the establishment by Father Kino of the Mission San Cayetano de

Tumacacori in 1691, a Jesuit church was built in the 1750’s on the east side of the

Santa Cruz River and the mission was renamed San Jose de Tumacacori.

The present church sitting on the site was completed in 1822 by the Franciscans

and in 1908, President Theodore Roosevelt set aside nine acres immediately around

the church as the Tumacacori National Monument. Subsequent to that designation,

boundary changes have enlarged the Monument, and in 1990 the detached missions

of Guevavi and Calabazas were added and the Monument became a National Historical Park.

The Park’s General Management Plan called for the acquisition of additional

lands so Park support facilities could be built away from the historic scene and to

obtain the rest of the Mission orchard.

Two large properties now border the Park. A 90 acre ranch lies to the south and

east. This ranch contains the remains of the historic orchard and other Mission related cultivated lands. To the north and east, 220 acres of undeveloped lands contain remains of the Mission fields and sites that show numerous artifacts such as

pottery, lithics, and fire hearths.

The expansion of the Park’s boundary would allow the Park Service to further enhance the visitor experience at Tumacacori, replant the orchard and add a living

history program, and develop more of the Juan Bautista de Anza National Historic

Trail that now exists on private land between Tumacacori and the town of Tubac.

Last month, we passed the Department of Interior Appropriations Act which included almost a million dollars to construct administration and maintenance facilities at this Park, removing these functions from the viewed historical areas. This

is an important first step taken by this Congress toward preserving the history of

this monumental place and this meaningful time. I ask that you take the next step

by increasing the boundaries of the Park.

Mr. Chairman, as this Subcommittee knows and appreciates, preserving our history and heritage is crucial if we are to continue to grow as a civilization. This small

Mission is a small part of that history, but it is a large part of the development

of our civilization.

I appreciate you holding these hearings, and I look forward to working with you

and the Subcommittee, and Chairman Hansen and Ranking Member Rahall toward

its expedited consideration. Thank you.

Mr. RADANOVICH. Thank you. Any questions from any members?

Mr. RADANOVICH. Mark—Tom, we will go with you and then

Joel. Pardon me.

Mr. HEFLEY. I would be happy for Tom to go first.

Ed, is the trail still there, the trail you want to protect, or is it

just a place where the trail was?

Mr. PASTOR. No, the trail is still there. In fact in spring, we have

the de Anza days, and we have the recreation of Juan Bautista

coming from Mexico into Arizona and following this trail. The trail

is there and we want to preserve it. Right now it is in private

hands and the owners of the private property are willing to sell it.

So, the trail is there. We celebrate de Anza days. We want to

make sure that it becomes part of the park.

Mr. HEFLEY. What is still there of the mission? Is the mission

still there?

Mr. PASTOR. The mission is still there. You can walk in. It is

standing. It has been refurbished a number of times and well proVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00013 Fmt 6633 Sfmt 6602 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
10

tected. So you can go in and see the mission that was there and

developed in the 1600’s. The mission is standing.

Mr. HEFLEY. Well, that is certainly worth preserving. What is

this going to cost us, Ed?

Mr. PASTOR. Well, I don’t know, to be honest with you, because

that is still being worked out. I think the sellers will settle down

and give us some estimates. Appraisals will be taken. And I guess,

probably, your Committee staff just told you what the number

would be. But—.

Mr. HEFLEY. They said $2 million.

Mr. PASTOR. Two million dollars. In this last appropriation, there

was a million dollars in the Interior bill for the buildings, the administration building. And we will work hard to obtain the appropriation through the appropriation process.

Mr. HEFLEY. Do you anticipate having an appraisal of that? Is

that pretty much desert land?

Mr. PASTOR. It is high plateau, so Sonoran Desert.

Mr. HEFLEY. Will there be an appraisal of that land?

Mr. PASTOR. I think so. I think we follow whatever process the

Park Service has. And usually my experience has been it is appraised, and then negotiations start with the owners. And then

once there is a final determination, then we go through the appropriation process in acquiring that land.

Mr. HEFLEY. Okay. How big is this lake? I know we are talking

4,500 acres. But the lake itself, how big is that?

Mr. ROGERS. The lake is 150 acres. And all that they are proposing now to acquire is a total of 750 acres, which includes the

150-acre lake. The 150-acre lake and then 600 acres surrounding

property.

The bill would authorize at some future time to acquire up to

4,500 acres, sort of as a catch-all. But they would have to have a

willing seller, and we would have to find appropriations for that.

But that is not anticipated at this time.

Mr. HEFLEY. How much are we talking here for this?

Mr. ROGERS. For this 750 acres? I don’t know. It is under negotiation. There has been—the Conservation Fund did an appraisal

of the land last year when it first went up for sale. Their initial

appraisal was $3.75 million.

Mr. HEFLEY. For the lake and 700 acres?

Mr. ROGERS. For the total 750 acres, yes. But the owner is asking for 5 million. It was appraised last year for 3.75. It is a matter

of negotiation.

Mr. HEFLEY. Is it and will it continue to be, if it is, a recreational

lake, a lake where people can fish, that kind of thing?

Mr. ROGERS. Absolutely. It is a beautiful—as you can see, a

beautiful lake. It has one old fishing lodge on it now. The only development that I am aware of in this whole area is an old fishing

camp on the lake. It will be in continuous use by the Park Service

for recreational purposes. The Park Service can perhaps help better

with that than me.

If I can say this? This property was under threat to be surface

mined until last year or so, when the State finally stepped in to

block surface mining. So that is really what we are afraid of, that

this valley would be surface mined and this lake spoiled.

11

Mr. HEFLEY. Well, it sounds like a natural. I would suggest to

you, coming from the West, and having dealt with the Federal Government on Federal reserve water rights, that you make sure those

water rights are tied up for the city there, for the town, before anything is done; because, you know, you don’t know what kind of an

administration gets in and what they do with that. So that ought

to be pretty clear in law. I hope you are planning to make sure of

that.

Mr. ROGERS. Right. You are exactly on target. I think this bill

devotes a lot of its attention to that very question. And the Park

Service has been mighty nice to deal with on it so far. I feel confident that what you mentioned is true; it will be taken care of.

Mr. HEFLEY. Thank you.

Mr. RADANOVICH. Mr. Udall.

Mr. TOM UDALL. Thank you, Mr. Chairman. Let me first say for

the record that Ranking Member Rahall strongly supports both of

these pieces of legislation and would like to see the Committee act

upon them quickly.

It looks to me today—with our two witnesses here, it looks like

we have an appropriator’s Committee day. And I was thinking, Mr.

Chairman, that we might benefit a lot more if we could do these

earlier in the year. It might be something that we might try in the

future.

Mr. ROGERS. Would the gentleman yield?

Mr. TOM UDALL. Sure. I would be happy to yield.

Mr. ROGERS. We are here because we have already spent all of

the money we can find over there. We are just looking for new

sources here.

Mr. RADANOVICH. They planned it this way.

Mr. TOM UDALL. Let me, first of all, just say a word about what

Mr. Pastor has talked about in terms of the Spanish history. I

know that Tumacacori has a strong Spanish history, in, as you

mentioned, New Mexico and many of our western States. And I

think that one of the things that people don’t realize here in the

United States is how deep those Spanish roots go.

I mean, I have families in New Mexico that trace their lineage

back 14 generations to the first Spaniard that came in, de Onate,

in 1598. So there is that history, there is that tradition, and it is

not known and understood. And I think by doing things like this

national historic park, we preserve it there for people to learn

about.

So I think that it is very important to do a bill like this, and I

applaud Congressman Pastor for coming forward with this. Just a

couple of quick questions on the—my understanding is the management plan that was done in 1990, does that—does that management plan call for this expansion?

Mr. PASTOR. Yes, it does; because in the 1990’s, they realized

that in order to protect the mission, Tumacacori, and to make sure

that the trail was also protected, that they would have to extend

the boundaries. And the owners realized that. The owners of the

land realized that. And because they also want to protect

Tumacacori, they are willing to sell the 310 acres, and so that is

why we need to expand the park so that we can get into negotiations with the owners and protect Tumacacori.

12

Mr. TOM UDALL. Have been there been any appraisals of the 310

acres?

Mr. PASTOR. I don’t know. I am assuming that the land owners

themselves probably have a sense of the value. But, the area is

practically undeveloped. And it is next to the Santa Cruz River,

and the potential for development in the future is great and the

probability is getting greater. I think everybody understands that

we need to protect the Tumacacori, the mission; and the best way

to do it, to expand its boundaries. And the people who are selling

the land also know the value of Tumacacori, and they are willing

sellers.

Mr. TOM UDALL. Thank you. Thank you both for coming. I yield

back, Mr. Chairman.

Mr. RADANOVICH. Thank you, Mr. Udall. Mr. Acevedo-Vila.

Mr. ACEVEDO-VILA. I don’t have any questions. I just want to

offer my support to both bills.

Mr. RADANOVICH. Thank you. Gentlemen, you are welcome to

join us on the dias, thank you very much for testifying. And with

that we will begin to seat our next panel.

Mr. PASTOR. Thank you, Mr. Chairman.

Mr. RADANOVICH. Thank you very much.

With us now is Dr. Michael Soukup, who is with the National

Park Service, Department of Interior; Ms. Elise Russell, who is the

legislative analyst, Conservation Policy, of the National Parks Conservation Association; and Ms. Karla Bowling, executive director of

Bell County Chamber of Commerce, Middlesboro, Kentucky. Welcome to the Subcommittee.

Mr. RADANOVICH. Mr. Soukup, welcome again. I know that you

will be here on a very regular basis. What I would like to do is

start with you to comment on both bills. And then we will go to

our other guest witnesses as well.

STATEMENT OF MICHAEL SOUKUP, ASSOCIATE DIRECTOR,

NATIONAL RESOURCE STEWARDSHIP AND SCIENCE, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. SOUKUP. Thank you, Mr. Chairman. I would like to just summarize our written testimony which will be submitted to you.

Mr. Chairman, we thank you for the opportunity to present the

Department of Interior’s position on H.R. 2234, and we extend our

thanks and appreciation to Congressman Pastor for his interest in

the resources and stories preserved and told at Tumacacori National Historical Park. The Department supports H.R. 2234.

H.R. 2234 would amend Public Law 101-344, the act authorizing

the establishment of Tumacacori National Historical Park, and expand the boundary of the park by adding two separate parcels.

Tumacacori National Historical Park is a 45-acre unit of the national park system, because the mission is an outstanding example

of 18th century Spanish Colonial architecture, and served as the

source and center of a community and a way of life that survived

for centuries in a harsh and demanding environment.

To tell that story means more than protecting a building. It

means presenting and protecting the resources that nourished it—

its orchards, its crops, and its fields. The proposed additions to the

boundary contain those resources.

13

The 18th and 19th century Tumacacori mission encompassed not

only a church and its associated compound, but also homes for the

native people. The mission supported itself by what it could grow

and graze on its lands along the Santa Cruz River. With this bill,

future visitors would understand that the mission was not just a

church, but a complete self-sustaining community.

The nearby Santa Cruz River, a desert riparian area, is a vital

educational tool to understand how the native and mission communities were able to develop and thrive in the desert.

The park’s general management plan of 1996 identified the need

to acquire additional lands to obtain the rest of the mission orchards. The two parcels of private land proposed to be included in

this Tumacacori National Historical Park boundary are a 90-acre

parcel to the south and east, and a 220-acre parcel to the north and

east.

The owners have expressed an interest in selling to the National

Park Service. The acquisition cost for the two parcels are estimated

at between 2- and $2-1/2 million, although actual costs would not

be known until appraisals on the land are completed.

In the future, funding would be needed to develop visitor use

trails as well as to rehabilitate and replant the mission orchards

as called for in the general management plan. No other visitor facilities will be built in the new areas.

An additional 1.5 FTE—that is, positions—1-1/2 positions would

be needed in personnel for the increased maintenance responsibilities. Costs to accomplish these projects would require one-time

funding of approximately $250,000 for visitor trails, waysides, and

bridge construction, and $100,000 to reconstruct and replant the

orchard.

H.R. 2234 has generated a cross-section of support. The county

supervisor of the Santa Cruz County Board of Supervisors, whose

district includes the park, has expressed support. Local community

groups have expressed support for the legislation, including the

Friends of the Santa Cruz River, the Anza Trail Coalition, and the

Tubac Historical Society.

On a technical point, we have discovered that there is a discrepancy between the name and the number on the map showing this

proposed boundary and the map reference in this bill. In order to

make the bill language consistent with the map, we suggest that

the map title on page 3, line 9 and 10 be changed to read,

‘‘Tumacacori National Historical Park, Arizona Proposed Boundary

Revision 2001,’’ and the map number on page 3, line 11, be

changed to read ‘‘310/80,044.’’ .

Mr. Chairman, this concludes my remarks on H.R. 2234.

[The prepared statement of Mr. Soukup on H.R. 2234 follows:]

Statement of Dr. Michael Soukup, Associate Director, Natural Resource

Stewardship and Science, National Park Service

Mr. Chairman, thank you for the opportunity to present the Department of the

Interior’s views on H.R. 2234. This bill would revise the boundary of Tumacacori

National Historical Park in the State of Arizona. We extend our thanks and appreciation to Congressman Pastor for his interest in the resources and stories preserved

and told at Tumacacori National Historical Park (NHP).

The Department supports H.R. 2234. The legislation would allow the park to fulfill the original purposes for which it was established, create more opportunities to

expand educational and recreational partnerships within the new boundary and beVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00017 Fmt 6633 Sfmt 6621 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
14

yond, and has received the support of the surrounding community. Expanding the

boundary of Tumacacori NHP would fulfill one of the goals identified in the park’s

approved General Management Plan, and the owners of the lands proposed for addition have expressed a willingness to sell.

H.R. 2234 would amend Public Law 101–344, the Act authorizing the establishment of Tumacacori National Historical Park, and expand the boundary of the park

by adding two separate parcels, which are adjacent to the original Tumacacori unit

of the park and total approximately 310 acres. The legislation also defines the purpose for adding these lands.

Tumacacori National Historical Park is a 45-acre unit of the National Park System because the mission is an outstanding example of 18th century Spanish Colonial architecture and served as the source and center of a community and a way

of life that survived for centuries in a harsh and demanding environment. To tell

that story means more than protecting a building. It means protecting the resources

that nourished and maintained it - its orchards, crops, and fields. The proposed additions to the boundary contain these resources.

Tumacacori is one of a chain of missions established by the Spanish in the

Pimerφa Alta (land of the Upper Pima Indians) from Sonora, Mexico to San Xavier

del Bac near Tucson. Father Kino established Mission San Cayetano de Tumacacori

approximately forty miles south of present day Tucson in 1691. At its height, the

mission land grant included nearly 6,000 acres.

Theodore Roosevelt set aside 9 acres immediately around the church as

Tumacacori National Monument in 1908. The boundary of the monument was revised with the addition of 6 acres in 1978. In 1990 the missions of Guevavi (8 acres)

and Calabazas (22 acres), to the south along the Santa Cruz River, were added and

the park redesignated a National Historical Park.

The 18th and 19th century Tumacacori Mission encompassed not only a church

and its associated compound, but also homes for the native people. The mission supported itself by what it could grow and graze on its lands along the Santa Cruz

River. Vegetables and fruits grew in a large (5 acre) walled orchard and garden irrigated by the acequia (irrigation ditch). Eventually homesteaders settled mission

lands, and by the time Tumacacori National Monument was set aside all of the

former mission lands were in private ownership. Today the mission stands divorced

from its land and people. One quarter of the historic orchard and its still visible

wall remains. The majority of the acequia, mission farmland and a section of the

Santa Cruz River all lie on adjacent private land.

The park’s General Management Plan (1996) identified the need to acquire additional lands to obtain the rest of the mission orchard. Acquisition of the entire historic remains of the orchard, former mission farmlands and the acequia would allow

the park to recreate a 19th century cultural landscape. Future visitors would understand that the mission was not just a church but a complete self-sustaining community. The nearby Santa Cruz River, a desert riparian area, is a vital educational tool

to understand how the native and mission communities were able to develop and

thrive in the desert. In addition, expansion of the park boundary would allow the

National Park Service to enhance the recreational experience of visitors along the

Juan Bautista de Anza National Historic Trail between Tubac and Tumacacori as

well as partner with communities all along the Santa Cruz River to further develop

the recreational and educational values of the trail.

The two parcels of private land proposed to be included in the Tumacacori NHP

boundary are a 90-acre parcel to the south and east and a 220-acre parcel to the

north and east. The owners have expressed their interest in selling to the National

Park Service. Acquisition costs for the two parcels are estimated at $2,000,000 to

$2,500,000, although actual costs would not be known until appraisals on the land

are completed. A non-profit group may be willing to purchase the properties and

hold them for a short period of time until the National Park Service is able to designate land acquisition funding.

Since the National Park Service intends to return the proposed additional lands

to a 19th century cultural landscape there will be little additional park operational

funding needed. Park staff would be able to provide a basic level of resource protection to lands that are acquired through existing financial resources. In the future,

funding will be needed to develop visitor use trails as well as to rehabilitate and

replant the mission orchard as called for in the General Management Plan. No other

visitor facilities will be built in the new areas. An additional 1.5 FTE would be

needed in personnel for the increased maintenance responsibilities. Costs to accomplish these projects would require one-time funding of approximately $250,000 for

visitor trail, waysides and bridge construction and $100,000 to reconstruct and replant the orchard. A $78,000 base increase for maintenance staff would be needed.

15

H.R. 2234 has generated a cross-section of support. The county supervisor on the

Santa Cruz County Board of Supervisors whose district includes the park has expressed support. Local community groups that have expressed support for the legislation include the Friends of the Santa Cruz River, the Anza Trail Coalition and

the Tubac Historical Society.

We have discovered that there is a discrepancy between the name and number

of the map showing this proposed boundary expansion and the map reference in the

bill. In order to make the bill language consistent with the map we suggest that

the map title on page 3, line 9 and 10 be changed to read ‘‘Tumacacori National

Historical Park, Arizona Proposed Boundary Revision 2001’’ and the map number

on page 3, line 11 be changed to read ‘‘310/80,044’’.

Mr. Chairman, this concludes my prepared remarks. I would be pleased to answer

any questions you or other members of the subcommittee may have.

Mr. SOUKUP. I would like to proceed with my comments. Again,

I will just summarize our written testimony.

Mr. Chairman, we thank you for the opportunity to present the

views of the Department of Interior on H.R. 2238, to authorize the

Secretary of the Interior to acquire Fern Lake and the surrounding

watershed in the States of Kentucky and Tennessee for addition to

Cumberland Gap National Historical Park.

We extend our thanks to Congressman Rogers for his interest in

this bill and his ongoing interest in the Cumberland Gap National

Historical Park.

The Department supports H.R. 2238. The Department does have

one concern about the National Park Service taking on a new responsibility—in this case assuring the continued supply of safe,

clean drinking water for the city of Middlesboro, Kentucky.

H.R. 2238 would authorize the Secretary of the Interior to purchase a 4,500-acre area located in Kentucky and Tennessee, adjacent to Cumberland Gap National Historical Park, and that contains Fern Lake and its watershed.

Existing law allows the National Park Service to acquire this

area, but not by purchase with appropriated funds. H.R. 2238

would allow the National Park Service to acquire the area by the

use of donated or appropriated funds as well as by donation or by

a land exchange. Purchase of the property would be allowed only

with the consent of the owner.

The authority to purchase the Fern Lake area is necessary because the owner of the 150-acre lake and about 600 acres of land

surrounding the lake intends to sell the property. The remainder

of the 4,500 acres of the watershed is not on the market at this

time, but if it becomes available for purchase in the future, this

legislation would provide the necessary authority for its acquisition.

In addition, H.R. 2238 would allow the Secretary of the Interior

to enter into contracts to facilitate the sale and distribution of

water from Fern Lake to the city of Middlesboro, Kentucky and environs. It would allow the proceeds from the sale of the water to

be used for the park. The National Park Service would be required

to manage recreational use of the lake in a manner that is consistent with protecting the lake as a source of safe, clean drinking

water.

The National Park Service policies generally prohibit the use of

water resources in parks for entities outside of parks. However,

Fern Lake, a reservoir constructed in 1893, is currently the sole

16

source of water for Middlesboro, and we believe it is appropriate in

this case to continue to allow Middlesboro to draw water from this

source, since this is a traditional use and does not threaten park

resources.

The bill attempts to provide flexibility to allow different options

for ownership of the water supply, allowing the decision on the

water ownership to be made as part of the negotiations for the purchase of Fern Lake.

We agree with this approach and the approach that the legislation takes in terms of providing this flexibility. However, we believe that language concerning the disposition of water after acquisition needs clarification. And we plan to submit an amendment for

your consideration.

With all of these options we need to be careful about the National Park Service taking on new responsibilities that are outside

of its core mission or area of expertise and that are not assumed

in current funding levels.

Cumberland Gap National Historical Park, established by the act

of June 11th, 1940, commemorates the migration of hundreds of

thousands of people who moved from the populous eastern States,

west across the Appalachian Mountains by way of Cumberland

Gap, to settle land in Kentucky, Tennessee, and beyond in the late

18th and 19th centuries.

The park currently consists of about 20,000 acres in Virginia,

Kentucky and Tennessee, and is authorized to include up to 50,000

acres. The park’s most visited attraction is Pinnacle Overlook

where visitors can see Kentucky, Virginia, and Tennessee and gain

an appreciation of the landscape that played such a critical role in

the development of our Nation. Fern Lake is visible from that overlook.

Having Fern Lake under National Park Service management

would produce many benefits. It would protect the watershed from

future threats of development and thus help protect for the long

term the landscape and the views the park is known for.

It would allow for public recreational use of the lake that is currently only available to private club members. It would also allow

the development of more hiking trails in the park.

These additional attractions would thus increase recreational opportunities in a region that is working hard to generate tourism.

As you know, the Department is committed to the President’s

priority of eliminating the National Park Service’s deferred maintenance backlog, and is concerned about the development and life

cycle operational costs associated with expansion of parks already

included in the National Park System.

Adding Fern Lake watershed to Cumberland Gap National Historical Park would entail land acquisition costs as well as additional operating and maintenance costs. The owner of the lake and

surrounding properties, approximately 750 acres, has offered the

property for $5 million. But the actual cost of the property will not

be known until an appraisal is done and a determination is made

about whether or not to acquire the water supply.

If, however, the National Park Service acquires the water supply,

some revenue would accrue to the park from the sale of the water.

And I understand that is roughly about $85,000 per year. In addiVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00020 Fmt 6633 Sfmt 6602 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
17

tion, we anticipate some additional operating costs and maintenance costs associated with making the newly acquired land available for public use.

Establishing trails and building or remodeling facilities around

the lake would entail one-time development costs. There would be

recurring annual costs associated with staff needed for resource

protection and visitor services in the new area. We do not have an

estimate of these costs at this time, but we know that if the full

4,500 acres of the watershed is acquired, it would increase the size

of the park by about 22 percent.

In summary, the Department supports H.R. 2238 as a means to

help assure protection of the natural and cultural resources of

Cumberland Gap National Historical Park and to provide important benefits for the surrounding communities through the acquisition of land from willing sellers.

Mr. Chairman, that concludes my remarks. I would be pleased

to answer questions.

[The prepared statement of Mr. Soukup on H.R. 2238 follows:]

Statement of Dr. Michael Soukup, Associate Director, Natural Resource

Stewardship and Science, National Park Service, U.S. Department of the

Interior

Mr. Chairman, thank you for the opportunity to present the views of the Department of the Interior on H.R. 2238, to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historical Park.

The Department supports H.R. 2238, but is concerned about the National Park

Service taking on new responsibilities, such as overseeing municipal water supply

management, that are outside of its core mission and area of expertise. This legislation would help protect the magnificent landscape at Cumberland Gap National Historical Park and provide additional recreational opportunities for visitors. It would

also help assure the continued supply of safe, clean drinking water for the city of

Middlesboro, Kentucky.

H.R. 2238 would authorize the Secretary of the Interior to purchase a 4,500-acre

area located in Kentucky and Tennessee adjacent to Cumberland Gap National Historical Park that contains Fern Lake and its watershed. Existing law allows the National Park Service to acquire this area, but not by purchase with appropriated

funds. H.R. 2238 would allow the National Park Service to acquire the area by use

of donated or appropriated funds, as well as by donation, or by a land exchange.

Purchase of the property would be allowed only with the consent of the owner.

The authority to purchase the Fern Lake area is necessary because the owner of

the 150-acre lake and about 600 acres of land surrounding the lake intends to sell

the property. The remainder of the 4,500 acres of the watershed is not on the market at this time, but if it becomes available for purchase in the future, this legislation would provide the necessary authority for its acquisition.

In addition, H.R. 2238 would allow the Secretary of the Interior to enter into contracts to facilitate the sale and distribution of water from Fern Lake for the City

of Middlesboro, Kentucky and environs. It would allow the proceeds from the sale

of the water to be used for the park. The National Park Service would be required

to manage recreational use of the lake in a manner that is consistent with protecting the lake as a source of safe, clean drinking water.

National Park Service policies generally prohibit the use of water resources in

parks for entities outside of parks. However, Fern Lake, a reservoir constructed in

1893, is currently the sole source of water for Middlesboro, and we believe it is appropriate in this case to continue to allow Middlesboro to draw water from this

source, since this is a traditional use and does not threaten park resources.

The bill attempts to provide flexibility to allow different options for ownership of

the water supply, allowing the decision on the water ownership to be made as part

of the negotiations for the purchase of Fern Lake. One possibility would be for the

National Park Service to acquire the water supply, in which case the Service would

contract with a utility for the distribution of the water. Another option would be

for the National Park Service to acquire only an interest in the water while another

entity, such as the water utility, acquires the water supply. We agree with the apVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00021 Fmt 6633 Sfmt 6621 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
18

proach that the legislation takes in terms of providing this flexibility; however, we

believe that language concerning the disposition of water after acquisition needs

clarification, and we plan to submit an amendment for your consideration. With all

of these options, we need to be careful about the National Park Service taking on

new responsibilities that are outside of its core mission or area of expertise and that

are not assumed in current funding levels.

Cumberland Gap National Historical Park, established by the Act of June 11,

1940 (54 State 262; 16 U.S.C. 261 et seq.), commemorates the migration of hundreds

of thousands of people who moved from the populous eastern states west across the

Appalachian Mountains by way of Cumberland Gap to settle land in Kentucky, Tennessee, and beyond in the late 18th and early 19th Centuries. The park currently

consists of about 20,000 acres in Virginia, Kentucky, and Tennessee, and is authorized to include up to 50,000 acres. The park’s most visited attraction is Pinnacle

Overlook, where visitors can see Kentucky, Virginia, and Tennessee and gain an appreciation of the landscape that played such a critical role in the development of

our nation. Fern Lake is visible from the overlook.

The Fern Lake watershed has been a focal point for the Department of the Interior for several years. In 1996, after the Office of Surface Mining prepared a comprehensive environmental impact statement on proposed surface coal mining on the

Tennessee side of the watershed, the Department declared the area unsuitable for

that purpose. In 1997, after the State of Kentucky issued a permit to mine the Kentucky portion of the watershed, the National Park Service successfully appealed the

permit. When the owner decided to sell the property last year, local residents began

expressing support for having the property added to the National Park System.

Having Fern Lake under National Park Service management would produce many

benefits. It would protect the watershed from threats of future development and

thus help protect for the long term the landscape and views the park is known for.

It would allow for public recreational use of a lake that is currently available only

to private club members. It would also allow the development of more hiking trails

in the park. These additional attractions would thus increase recreational opportunities in a region that is working hard to generate tourism. And, it would ensure

that Fern Lake remains a source of clean, safe drinking water.

As you know, the Department is committed to the President’s priority of eliminating the National Park Service’s deferred maintenance backlog, and is concerned

about the development and life-cycle operational costs associated with expansion of

parks already included in the National Park System. Adding the Fern Lake watershed to Cumberland Gap National Historical Park would entail land acquisition

costs, as well as additional operating and maintenance costs.

The owner of the lake and surrounding property (approximately 750 acres) has

offered the property for $5 million, but the actual cost of the property will not be

known until an appraisal is done and a determination is made about whether or

not to acquire the water supply. If, however, the National Park Service acquires the

water supply, some revenue would accrue to the park from the sale of the water.

According to information from the city of Middlesboro, the current owner receives

approximately $85,000 annually from the sale of water from Fern Lake. Any revenue, however, would likely be offset by increased operational costs, so this could

result in a net cost to the National Park Service.

In addition, we anticipate some additional operations and maintenance costs associated with making the newly acquired land available for public use. Establishing

trails and building or remodeling facilities around the lake would entail one-time

development costs. There would be recurring annual costs associated with staff

needed for resource protection and visitor services in the new area. We do not have

an estimate of those costs at this time, but we note that if the full 4,500 acres of

the watershed is acquired, it would increase the size of the park by about 22 percent. The current annual base funding for Cumberland Gap National Historical

Park is $1.8 million.

In summary, the Department supports H.R. 2238 as a means to help assure protection for the natural and cultural resources of Cumberland Gap National Historical Park and to provide important benefits for the surrounding communities,

through the acquisition of land from willing sellers.

Mr. Chairman, that concludes my statement. I would be pleased to answer any

questions you or other members of the Subcommittee may have.

Mr. RADANOVICH. Thank you, Doctor. Next up is Mrs. Elise Russell who is here to speak on 2234. Thank you for coming.

19

STATEMENT OF ELISE RUSSELL, LEGISLATIVE ANALYST, CONSERVATION POLICY, NATIONAL PARKS CONSERVATION ASSOCIATION, WASHINGTON, D.C.

Ms. RUSSELL. Thank you. Mr. Chairman, members of the Committee, my name is Elise Russell. I am a legislative analyst for the

National Parks Conservation Association, and I am here today on

behalf of NPCA as well as the Archeological Conservancy and the

Sonoran Institute.

Our organizations appreciate this opportunity to state our strong

support for H.R. 2234. We commend Representative Pastor for introducing this legislation, and we thank the Chairman for scheduling this hearing.

We urge the Subcommittee to act quickly and favorably on this

bill. We also recommend two minor amendments to the bill that we

think will encourage a more comprehensive approach to preserving

Tumacacori National Historical Park.

Tumacacori is only 46 acres in size, but it is truly one of the

gems of the U.S. National Park System. It is a beautiful, well preserved resource with great historical integrity, a tranquil site that

is inspiring to visitors. This legislation will add approximately 310

acres to the park’s main unit at San Jose de Tumacacori Mission.

These lands which are to the north and south of the main unit

include or contain portions of the original mission, which include

historic fields, orchards and acequia systems.

The Juan Bautista De Anza National Historic trail also traverses

these proposed additions. There is also riparian land along the

Santa Cruz River, with significant national resource values.

There are thriving populations of plants and animals that are

native to the area, as well as a significant population of the yellowbilled coo-coo, which is a species of concern to the State of Arizona.

Permanently protecting these lands will not only save irreplaceable parts of America’s heritage, but it will also dramatically benefit the public by permitting the National Park Service to diversify

visitor experiences and enrich their educational programs to the

public.

Key parts of the Tumacacori story, particularly those of how different peoples interacted and ultimately learned to live together,

have important lessons in today’s challenging times. It is the great

triumph of America, honoring diversity, a legacy that lives on.

In a way, improving Tumacacori is just another tangible way of

keeping Americans united, caring about each other and our collective history. We must act now to save these lands from impending

development which threatens to ruin them forever. Subdivisions

are marching toward the park.

As Representative Pastor and Mr. Soukup have said, these lands

are available today from willing sellers. It is unlikely that they will

ever easily be available again, and the costs to protect them will

never be cheaper. Land prices in this area are headed in one direction: Up.

Acting with foresight today will prevent having to act in haste

tomorrow. One of the amendments that NPCA recommends pertains to the Guevavi Mission. This is a very small unit of

Tumacacori. It is only 10 acres. There is a clear need to add some

additional lands to better facilitate public access as well as preVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00023 Fmt 6633 Sfmt 6602 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
20

serve the scenic integrity of the mission, which is extremely vulnerable to development.

The general management plan, which was approved in 1996 after

extensive public involvement, recommended a 93-acre expansion to

the Guevavi Mission. Lands adjacent to Guevavi are owned by the

city of Nogales, which has been a good neighbor to the park. And

for the last several years there has been discussion between the

Park Service and the city, whereby the Park Service would receive

some city lands and the city of Nogales would receive some Federal

lands closer to Nogales. So it would be a win-win situation for both

parties as well as for the general public.

So we recommend that there be an amendment to the legislation,

authorizing and directing the Park Service to work with the city of

Nogales and other Federal land managers to explore the possibilities of a land exchange and get back to Congress within a year

with their recommendations.

Our other recommendation is to have an update to the general

management plan for Tumacacori within the next 3 years. And, in

conclusion, Mr. Chairman, I would simply say that, tragically,

every day prehistoric and historic archeological sites in the United

States are being lost forever. Modern-day looters are using backhoes and bulldozers to recover artifacts for the international market. Urban development and even some agricultural methods are

destroying sites.

Congress has the ability, the opportunity, and the responsibility

to act to prevent this loss of our heritage which will impoverish

present and future generations. Enacting H.R. 2234 into law will

be a marvelous and tangible way, a step forward to meet these duties. Future generations will thank you for your wisdom to act now.

And finally, Mr. Chairman, I would just like to say that NPCA,

for the record, also supports the Fern Lake Conservation and

Recreation Act of 2001.

Fern Lake and its watershed will be important additions to the

Cumberland Gap National Historical Park. The Fern Lake watershed is an integral part of the historic landscape that visitors come

to see. And, additionally, the acquisition of this property will protect the vistas from Pinnacle Overlook, one of the most valuable

scenic resources in the park.

Thank you very much for this opportunity to testify and consider

our views.

Mr. RADANOVICH. Thank you very much, Ms. Russell. I appreciated your testimony.

[The prepared statement of Ms. Russell follows:]

Statement of Elise Russell, Legislative Analyst, National Parks

Conservation Association

Mr. Chairman and members of the committee, I am Elise Russell, Legislative Analyst for the National Parks Conservation Association (NPCA). I am testifying today

on behalf of NPCA, The Archaeological Conservancy and the Sonoran Institute.

Our organizations appreciate the opportunity to state our strong support of

H.R. 2234. We commend Rep. Pastor for introducing this important legislation and

thank the Chairman for scheduling this hearing. NPCA urges the subcommittee to

act favorably and quickly on this bill. We also recommend two minor amendments

to the bill that will encourage a more comprehensive approach to preserving

Tumacμcori National Historical Park.

21

Tumacμcori is only 46 acres in size but it is one of the true gems of the U.S. National Park System. The park is precious a well-preserved resource with great historic integrity, a beautiful and tranquil site that is inspiring to visitors.

H.R. 2234 would add approximately 310 acres to the park’s main unit at San Jose

de Tumacacori Mission. These lands, located both to the north and south of the

main park unit, contain portions of the original mission, including historic fields,

orchards and acequia systems.

The Juan Bautista De Anza National Historic Trail also traverses the proposed

addition.

In addition, there is riparian land along the Santa Cruz River with significant

natural resource values. This land has thriving populations of plants and animals

native to the area, including a significant population of yellow-billed cuckoos, a ‘‘species of concern’’ for the state of Arizona.

Permanently protecting these lands will not only save irreplaceable parts of America’s heritage, it will dramatically improve benefits to the public by permitting the

National Park Service to diversify visitor experiences and enrich its educational programs for the public.

Key parts of the Tumacacori story, particularly those about how different peoples

interacted and ultimately learned to live together, have lessons in today’s challenging times. This is the great triumph of America honoring diversity a legacy that

lives on. In a way, improving Tumacμcori is another tangible way to keep America

united, caring about each other and our collective history.

We must act now to save these lands from impending development, which threatens to ruin them forever. Subdivisions are marching directly toward the park. These

lands are available today from willing sellers who want to protect the historic mission and its environment. It is unlikely these properties will ever be easily available

again and the cost to protect these lands permanently will never be cheaper. Land

prices in this area are headed only one way: up. Acting with foresight today will

prevent having to act in haste tomorrow.

Suggested Amendment: Guevavi Mission

Congress should add a brief section pertaining to Guevavi Mission.

Because the Guevavi site is so small (approximately 10 acres), there is a clear

need to add additional lands in order to facilitate better public access and preserve

the scenic integrity of the mission, which is extremely vulnerable to development.

The current general management plan (GMP) for Tumacμcori NHP, approved in

1996 after extensive public involvement, recommends a 93-acre boundary expansion

for the Guevavi unit.

Lands adjacent to Guevavi are owned by the City of Nogales. The City has been

a good neighbor to the park, but for several years now, there has been discussion

about a simple trade whereby the National Park Service would receive some City

lands, and the City would receive other federal lands, closer to Nogales, in return.

This would be a win-win for all parties and the general public.

Therefore, NPCA recommends the addition of a brief section to H.R. 2234, which

should authorize and direct the National Park Service to work with the City of

Nogales and other federal land management agencies to explore the possibilities of

such an exchange and then report back to Congress within one year.

Suggested Amendment: General Management Plan

NPCA also recommends requiring an update to the general management plan

within three years.

Conclusion

In conclusion, Mr. Chairman, I would simply say that tragically, every day, prehistoric and historic archaeological sites in the United States are lost forever. Modern-day looters use backhoes and bulldozers to recover artifacts for the international

market. Urban development and some agricultural methods destroy sites.

Congress has the ability, the opportunity, and the responsibility to prevent this

loss of our heritage, which impoverishes both present and future generations.

Promptly enacting H.R. 2234 into law will be a marvelous and tangible step forward to meet these duties. Future generations will thank you for your wisdom to

act now.

Also, for the record, NPCA would like to voice support for another piece of legislation being discussed here today: H.R. 2238, the Fern Lake Conservation and Recreation Act of 2001. Fern Lake and its watershed will be important additions to Cumberland Gap National Historical Park. The Fern Lake watershed is an integral part

of the historic landscape that visitors come to see. Additionally, the acquisition of

this property will protect the vista from Pinnacle Overlook, one of the park’s most

valuable scenic resources.

22

Thank you for inviting NPCA to appear before you today and for considering our

views. I would be happy to answer any questions.

Mr. RADANOVICH. Next up is Karla Bowling. Karla, welcome to

the hearing. And, of course, you are here to speak on the acquisition of Fern Lake, H.R. 2238.

Please begin and tell us what you know.

STATEMENT OF KARLA BOWLING, EXECUTIVE DIRECTOR,

BELL COUNTY CHAMBER OF COMMERCE, MIDDLESBORO

Ms. BOWLING. Good afternoon, Chairman Radanovich and Subcommittee members. My name is Karla Bowling. I am the executive director of the Bell County Chamber of Commerce. I am here

to represent the citizens of Middlesboro, Kentucky, to lend support

for House Resolution 2238 authorizing the Secretary of the Interior

to acquire Fern Lake and the surrounding watershed for addition

to Cumberland Gap National Historical Park.

First of all, let me say that it is truly an honor to be asked to

appear before you today in this small yet significant role in our

democratic process. I truly appreciate the service you provide to the

citizens of our country and especially the unity you have shown

which has become a model for the rest of our Nation.

The initiative that brings us here today would accomplish several

objectives and strike a delicate balance in promoting the interests

of business and economic development while at the same time protecting our precious natural resources. Far from just helping the

citizens of Middlesboro, acquiring Fern Lake would benefit the entire region, and I would venture to say the hundreds of thousands

of tourists who visit our part of the country each year.

This piece of legislation would help us to further capitalize on the

breathtaking beauty of our natural resources through tourism initiatives, preserve and protect the environment, and increase the

economic viability of our people.

From my perspective as a Chamber of Commerce director, it almost seems too good to be true. But, taken piece by piece, it is logical and makes great business sense.

Allow me to briefly address some of these points. About 5 years

ago, the lake and adjacent watershed was auctioned and purchased

by a local coal company. The company applied for permits to mine

the coal on the watershed. But these permits were denied due to

the inability to ensure that the water supply would be protected.

It was at this time that the city and park became acutely aware

of how vulnerable that piece of property was. Protecting the integrity of the water as well as the beauty of the viewshed from the

adjacent park overlook has proven to be a daunting task. Acquiring

the land and incorporating it into the national park would ensure

that the water supply would be protected for generations to come.

Our Congressman has made great progress in Kentucky to bring

potable water to rural areas. We must not regress and threaten

this water source for the more than 20,000 residents who depend

on Fern Lake as their sole supply of fresh, clean water. Our land,

our people, and our natural resources are too precious to leave unprotected.

23

Not only is our water supply important to our citizens, but it is

crucial to the viability of some of our area’s largest employers.

Cumberland Gap Provision Company produces ham products and

also manufactures Highlander Ice, both with a retail base reaching

across America.

Water purity is imperative in the curing, smoking, and packaging processes of their hams. It goes without saying that the purity of the local water supply greatly affects the taste of all of their

products. These two companies employ more than 375 people and

have recently invested more than $14 million to expand their facilities.

Another company that depends on the quality water supply is

Middlesboro Coca-Cola Bottling. These companies are significant

contributors to the local economy and the quality of life for our citizens.

We can’t afford to jeopardize the livelihood of our city’s largest

employers, and, most importantly, the families that rely on these

good paying jobs.

Acquisition of this land also makes sense when addressing the

need to generate park revenues. Profit from the sale of water to the

local water utility is approximately $85,000 per year. Money could

be earmarked to go back into Cumberland Gap National Historical

Park, to be used for trail maintenance, facilities upkeep, recreational needs, staffing and other related expenses.

Now, on to the issue of promoting additional recreational opportunities and ecotourism. In the fast-paced, stressful world we live

in today, many tourists are looking for a way to get away from it

all. They are looking for a quiet respite from their cares and worries: simple vacations, a reconnection with nature, and a return to

simplicity.

More and more Americans are looking for the kind of getaway

that the Fern Lake property could provide if properly developed.

The recreational possibilities are endless and could all be in keeping with the ecologically sound parameters set forth by national

park guidelines.

In fact, the lake already functions as a small private fishing and

boating club, where a modest pavilion is used for various community activities, including weddings, family reunions and picnics. Future plans could include a lodge to accommodate corporate retreats,

business and government conferences, a wildlife or waterfowl observatory, fitness and nature trails, youth camps, scouting, and

other functions that could be promoted to bring in additional tourism and recreational revenues.

The national park is the third most visited attraction in our

State. Moreover, tourism is the third largest industry in Kentucky,

bringing in revenues of almost $9 billion annually. Although the

Nation as a whole is experiencing a short-turn decline in tourism

as a result of the tragic events of September 11th, we expect to

maintain, if not increase our tourism share because of the rural nature of tourist destinations in our region.

In fact, in the past few months we have had an influx of visitors

and increase for tourist information packets from places such as

Tampa, Atlanta, Cincinnati, New York, New Orleans, Nashville,

Asheville, and Jacksonville, to name just a few.

24

Tourism revenues have the potential to play a significant role in

the reversal of our economic decline in Appalachia. We work extremely well with our national park and share a similar vision of

how to promote our heritage and expand tourism.

In closing, let me make one last point. Before you on the easel,

you have some exquisite photos of the property that we are discussing today. As you stand at the Pinnacle Overlook, you are

2,440 feet above sea level, the highest point above the Cumberland

Gap.

Fern Lake and the untouched beauty of the mountains surrounding you are an integral part of the breathtaking view that

lies before you. I imagine this is similar to what our ancestors saw

as they stood in this spot hundreds of years ago. As far as the eye

can see, the pristine beauty of our heritage surrounds you.

We cannot take the chance of letting this precious resource slip

through our fingers. In the past, we have made the mistake of not

protecting our environment and the natural beauty it provides to

nourish our souls. This is a wonderful opportunity.

Seldom do we see such synergy between economic development,

tourism, and the preservation of our natural resources. We wholeheartedly support this initiative. Thank you very much for your

time.

Mr. RADANOVICH. Thank you very much, Ms. Bowling.

[The prepared statement of Ms. Bowling follows:]

Statement of Karla Bowling, Executive Director, Bell County Chamber of

Commerce, Middlesboro, Kentucky

Good afternoon Chairman Radanovich and Subcommittee members. My name is

Karla Bowling; I am the Executive Director of the Bell County Chamber of Commerce. I am here to represent the citizens of Middlesboro, Kentucky, to lend support

for House Resolution 2238 authorizing the Secretary of the Interior to acquire Fern

Lake and the surrounding watershed for addition to Cumberland Gap National Historical Park.

First of all, let me say that it is truly an honor to be asked to appear before you

today in this small, yet significant role in our democratic process. I appreciate the

service you provide to the citizens of our country and especially the unity you have

shown which has become a model for the rest of our nation.

The initiative that brings us here today would accomplish several objectives and

strike a delicate balance in promoting the interests of business and economic development while at the same time protecting our precious natural resources.

Far from just helping the citizens of Middlesboro, acquiring Fern Lake would benefit the entire region and I would venture to say the hundreds of thousands of tourists who visit our part of the country each year.

This piece of legislation would help us to further capitalize on the breathtaking

beauty of our natural resources through tourism initiatives, preserve and protect the

environment, and increase the economic viability of our people. From my perspective

as a Chamber of Commerce Director, it almost seems too good to be true. But taken

piece by piece, it is logical and makes great business sense. Allow me to briefly address some of these points.

About five years ago, the lake and adjacent watershed was auctioned and purchased by a local coal company. The company applied for permits to mine the coal

on the watershed, but these permits were denied due to the inability to ensure that

the water supply would be protected. It was at this time that the city and the park

became acutely aware of how vulnerable that piece of property was. Protecting the

integrity of the water as well as the beauty of the viewshed from the adjacent park

overlook would prove to be a daunting task.

Acquiring the land and incorporating it into the National Park would ensure that

the water supply would be protected for generations to come. Our Congressman has

made great progress in Kentucky to bring potable water to rural areas. We must

not regress and threaten this water source for the more than 20,000 residents who

25

depend on Fern Lake for their sole supply of fresh, clean water. Our land, our people, and our natural resources are too precious to leave unprotected.

Not only is our water supply important to our citizens, but it is crucial to the viability of some of our area’s largest employers. Cumberland Gap Provision Company

produces ham products and also manufactures Highlander Ice—both with a retail

base reaching across America. Water purity is imperative in the curing, smoking,

and packaging processes of their hams. It goes without saying that the purity of the

local water supply greatly effects the taste of all of their products. These two companies employ more than 375 people and have recently invested more than $14 million

to expand their facilities. Another company that depends on a quality water supply

is Middlesboro Coca–Cola Bottling. These companies are significant contributors to

the local economy and quality of life for our citizens. We can’t afford to jeopardize

the livelihood of our city’s largest employers and most importantly the families that

rely on these good-paying jobs.

Acquisition of this land also makes sense when addressing the need to generate

Park revenues. Profit from the sale of water to the local water utility is approximately $85,000 per year. Money could be earmarked to go back into Cumberland

Gap National Historical Park to be used for trail maintenance, facilities upkeep, recreational needs, staffing, and other related expenses.

Now on to the issue of promoting additional recreational opportunities and ecotourism. In the fast-paced, stressful world we live in today, many tourists are looking for a way to ‘‘get away from it all’’. They are looking for a quiet respite from

their cares and worries, simple vacations, a reconnection with nature, and a return

to simplicity. More and more Americans are looking for the kind of getaway that

the Fern Lake property could provide if properly developed

The recreational possibilities are endless and could all be in keeping with the ecologically sound parameters set forth by National Park guidelines. In fact, the lake

already functions as a small private fishing and boating club, where a modest pavilion is used for various community activities including weddings, family reunions,

and picnics. Future plans could include a lodge to accommodate corporate retreats,

business and government conferences, a wildlife or waterfowl observatory, fitness

and nature trails, youth camps, scouting, and other functions that could be promoted to bring in additional tourism and recreational revenues.

The National Park is the third most visited attraction in our state. Tourism is

the third largest industry in Kentucky, bringing in revenues of almost $9 billion annually. Although the nation as a whole is experiencing a decline in tourism as a

result of the tragic events of September 11th, we expect to maintain, if not increase

our tourism share because of the rural nature of tourist destinations in our region.

In fact, in the past months we have had an influx of visitors and inquiries for tourist information packets from places such as Tampa, Atlanta, Cincinnati, New York,

New Orleans, Nashville, Asheville, and Jacksonville, to name just a few.

Tourism revenues have the potential to play a significant role in the reversal of

our economic decline in Appalachia. We work extremely well with our National Park

and share a similar vision of how to promote our heritage and expand tourism.

In closing, let me make one last point. On the easel before you are some exquisite

photos of the property we are discussing today. As you stand at the Pinnacle Overlook, you are at 2,660 feet above sea level—the highest point above the Cumberland

Gap. Fern Lake and the untouched beauty of the mountains surrounding it are an

integral part of the breathtaking view that lies before you. I imagine this is similar

to what our ancestors saw as they stood in this spot hundreds of years ago. As far

as the eye can see, the pristine beauty of our heritage surrounds you. We cannot

take the chance of letting this precious resource slip through our fingers. In the

past, we have made the mistake of not protecting our environment and the natural

beauty it provides to nourish our souls.

This is a wonderful opportunity. Seldom do we see such synergy between economic

development, tourism, and the preservation of our natural resources. We wholeheartedly support this initiative!

Thank you for your time.

Mr. RADANOVICH. Any questions? Mr. Hefley.

Mr. HEFLEY. Yes, thank you. I thought all of your testimony was

very good. Ms. Russell, I thought your testimony was very good, although I have to tell you that I have learned over the years not

to put any credence in anything that comes out of your organization. I have no trust or confidence in your organization. If the orgaVerDate 11-MAY-2000 14:37 Mar 18, 2003 Jkt 000000 PO 00000 Frm 00029 Fmt 6633 Sfmt 6602 J:\DOCS\76086.SF HRESOUR2 PsN: HRESOUR2
26

nization would like to talk to me about it at some point, I would

be happy to sit down with them and do it. But I thought your testimony was very good.

Ms. Bowling, I would say to you, first of all, I think both of these

projects sound like they are laudable projects and we probably

should go ahead and pursue them. But I would say to you, like I

did to the Congressman a few moments ago, you need to make sure

that the Congressman makes sure that that water supply is tied

up for Middlesboro. If you don’t, in some administration down the

line, someone is going to decide that there is a fish or a grub or

a worm or something there that is more important and more valuable than are the people of your community, and therefore the

water couldn’t possible be given to the people of your community.

So you need to make sure that in law that is tied up. And I would

pass that on to you.

And, Dr. Soukup with the Fern Lake project, I see a lot of land

value there. I see recreational value from the lake. I see development value around the lake. I see mining value, perhaps, since

they tried to get mining permits, maybe timber value there. So I

can understand why that amount of acreage might be worth $5

million.

On the other project, it appears to me that is mainly worthless

desert. Worthless, except for the historical significance that we are

trying to save. And I would hope that we are not going to pay more

than a rancher would pay for it, or a miner or a developer, if there

is any development.

Now, I know there is development across the road from the mission, but I would hope that the Federal Government, just because

we are the Federal Government and we have an endless supply of

money, are not going to pay more for that than people locally would

pay for it for some economic value. Is it your sense that we can

make sure that that doesn’t happen?

Mr. SOUKUP. We have a fairly rigorous appraisal process in place

that has to be executed for any property that we buy. We are not

allowed to pay more than the appraisal price without the permission of Congress. So we have a fairly strict process that gets a lot

of scrutiny and we think it is pretty good.

Mr. HEFLEY. Well, the key to what you just said is without the

approval of Congress. And you have got—you know, Congress can

approve things because a powerful member of the Appropriations

Committee might want this project in his home district or something. So we have got to be very careful.

But in saying that, I don’t want to take away from the project.

I think the project sounds to me like it has enormous value. Those

are the kind of values that I would like for us to protect. And, gosh,

you have got this wonderful mission there already as the hub of it.

Let me ask you, though, about the orchard. You are talking

about $100,000 for an orchard. I wonder what in the world kind of

orchard are you going to produce? I am sure the original settlers

never thought of that as a $100,000 orchard. What kind of orchard

is that going to be for that kind of money?

Mr. SOUKUP. That is an excellent question. That is the estimate

that we got from the park. I think that is a bit high. I am little

27

bit concerned myself about the ongoing upkeep of it being sort of

a process that I am not so sure that we have looked at fully.

But that is the rough estimate, I would think, for the park. I

don’t know what that purchase is, but we could check into it.

Mr. HEFLEY. I hope it is very, very rough estimate, because that

sounds like an awful lot of money just to show that they used to

raise pears on that land.

I think that is all that I have, Mr. Chairman.

Mr. RADANOVICH. Thank you, Mr. Hefley. There being no other

questions, this hearing is adjourned. I want to thank you all very

much for your valuable testimony. And we are adjourned. Thank

you.

[Whereupon, at 3 p.m., the Subcommittee was adjourned.]

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