An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes.
PL 95-344 (H.R.8336), enacted 08/15/1978

92 STAT. 474 
PUBLIC LAW 95-344—AUG. 15, 1978 
Public Law 95-344 
95th Congress 
Aug. 15. 1978 
[H.R. 8336] 
Chattahoochee 
River National 
Recreation Area, 
Ga. 
Establishment. 
16 use 460ii. 
Publication in 
Federal Register. 
Land acquisition. 
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An Act 
To authorize the establishment of the Chattahoochee River National Recreation 
Area in the State of Georgia, and for other purposes. 
Be it enax}ted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I 
SEC. 101. The Congress finds the natural, scenic, recreation, historic, 
and other values of a forty-eight-mile segment of the Chattahoochee 
River and certain adjoining lands in the State of Georgia from 
Buford Dam downstream to Peachtree Creek are of special national 
significance, and that such values should be preserved and protected 
from developments and uses which would substantially impair or 
destroy them. In order to assure such preservation and protection for 
public benefit and enjoyment, there is hereby established the Chatta-
hoochee River National Recreation Area (hereinafter referred to as 
the "recreation area"). The recreation area shall consist of the river 
and its bed together with the lands, waters, and interests therein within 
the boundary generally depicted on the map entitled "Chattahoochee 
River National Recreation Area", numbered CHAT-20,000, and dated 
July 1976, which shall'be on file and available for public inspection 
in the office of the National Park Service, Department of the Interior. 
Following reasonable notice in writing to the Committee on Interior 
and Insular Affairs of the United States House of Representatives 
and to the Committee on Energy and Natural Resources of the United 
States Senate of his intention to do so, the Secretary of the Interior 
(hereinafter referred to as the "Secretary") may, by publication of a 
revised map or other boundary description in the Federal Register, 
(1) make minor revisions in the boundary of the recreation area, 
and (2) revise the boundary to facilitate access to the recreation area, 
or to delete lands which would be of little or no benefit to the recrea-
tion area due to the existence of valuable improvements completely 
constructed prior to the date of enactment of this Act. The total area, 
exclusive of the river and its bed, within the recreation area may not 
exceed six thousand three hundred acres. 
SEC. 102. (a) Within the recreation area the Secretary is authorized 
to acquire lands, waters, and interests therein by donation, purchase 
with donated or appropriated funds, or exchange. Property owned by 
the State of Georgia or any political subdivision thereof may be 
acquired only by donation. 
(b) When a tract of land lies partly within and partly without the 
boundaries of the recreation area, the Secretary may acquire the entire 
tract by any of the above methods in order to avoid the payment of 
severance costs. Land so acquired outside of the boundaries of the 
recreation area may be exchanged by the Secretary for non-Federal 
land within such boundaries, and any portion of the land not utilized 
for such exchanges may be disposed of in accordance with the provi-
sions of the Federal Property and Administrative Services Act of 1949 
(40U.S.C.471etseq.). 
PUBLIC LAW 95-344r-AUG. 15, 1978 
92 STAT. 475 
(c) Except for property which the Secretary determines to be neces-
sary for the purposes of administration, development, access, or public 
use, an owner of improved property which is used solely for noncom-
mercial residential purposes on the date of its acquisition by the Secre-
tary may retain, as a condition of such acquisition, a right of use and 
occupancy of the property for such residential purposes. The right 
retained may be for a definite term which shall not exceed twenty-five 
years or, in lieu thereof, for a term ending at the death of the owner 
or the death of the spouse, whichever occurs later. The owner shall 
elect the term to be retained. The Secretary shall pay the owner the 
fair market value of the property on the date of such acquisition, less 
the fair market value of the term retained by the owner. 
(d) Any right of use and occupancy retained pursuant to this sec-
tion may, during its existence, be conveyed or transferred, but all 
rights of use and occupancy shall be subject to such terms and condi-
tions as the Secretary deems appropriate to assure the use of the prop-
erty in accordance with the purposes of this Act. Upon his 
determination that the property, or any portion thereof, has ceased to 
be so used in accordance with such terms and conditions, the Secretary 
may terminate the right of use and occupancy by tendering to the 
holder of such right an amount equal to the fair market value, as of the 
date of the tender, of that portion of the right which remains unex-
pired on the date of termination. 
(e) As used in this section, the term "improved property" means a "Improved 
detached, year-round noncommercial residential dwelling, the con- property." 
struction of which was begun before January 1, 1975, together with 
so much of the land on which the dwelling is situated, the said land 
being in the same ownership as the dwelling, as the Secretary shall 
designate to be reasonably necessary for the enjoyment of the dwelling 
for the sole purpose of noncommercial residential use, together with 
any structures accessory to the dwelling which are situated on the land 
so designated. 
SEC. 103. (a) The Secretary shall administer, protect, and develop 16 U
S
C 460ii-2. 
the recreation area in accordance with the Act of August 25, 1916 
(39 Stat. 535), and in accordance with any other statutory authorities 16 U
S
C 1. 
available to him for the conservation and management of historic and 
natural resources, including fish and wildlife, to the extent he finds 
such authority will further the purposes of this Act. In developing 
and administering the recreation area, the Secretary shall take into 
consideration applicable Federal, State, and local recreation plans and 
resource use ana development plans, including, but not limited to, the 
Atlanta Regional Commission Chattahoochee Corridor Study, dated 
July 1972. 
(b) The Secretary is authorized and encouraged to enter into coop-
erative agreements with the State or its political subdivisions whereby 
he mav assist in the planning for and interpretation of non-Federal 
publicly owned lands within or adjacent or related to the recreation 
area to assure that such lands are used in a manner consistent with 
the findings and purposes of this Act. 
(c) In planning for the development and public use of the recrea-
tion area, the Secretary shall consult with the Secretary of the Army 
to assure that public use of adjacent or related water resource develop-
ment or flood control projects and that of the recreation area are 
complementary. 
39-194 O—80—pt. 1 
34 : QL3 
92 STAT. 476 
PUBLIC LAW 95-344—AUG. 15, 1978 
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(d) In administering the recreation area, the Secretary may permit 
fishing in waters under his jurisdiction in accordance with applicable 
Regulations. 
State and Federal laws and regulations. The Secretary, after con-
sultation with the appropriate State agency responsible for fishing 
activities, may designate zones where, and establish periods when, 
fishing shall be permitted and issue such regulations as he may deter-
mine to be necessary to carry out the provisions of this subsection. 
Except in emergencies, such regulations shall be put into effect only 
after consultation with the appropriate State agency. 
SEC. 104. (a) The Federal Energy Kegulatory Commission shall not 
license the construction of any dam, water conduit, reservoir, power-
house, transmission line, or other project works under the Federal 
Power Act (16 U.S.C. 791a et seq.), on or directly affecting the recrea-
tion area, and no department or agency of the United States shall 
assist by loan, grant, license, or otherwise in the construction of any 
water resources project that would have a direct and adverse effect on 
the values for which such area is established, except where such project 
is determined by the State of Georgia to be necessary for water supply 
or water quality enhancement purposes and authorized by the United 
States Congress. Nothing contained in the foregoing sentence, how-
ever, shall preclude licensing of, or assistance to, developments 
upstream or downstream from the recreation area or on any stream 
tributary thereto which will not invade the recreation area or 
unreasonably diminish the scenic, recreational, and fish and wildlife 
values present therein on the date of approval of this Act. Nothing 
contained in this subsection shall preclude the upgrading, improve-
ment, expansion or development of facilities or public works for water 
supply or water quality enhancement purposes if such action would 
not have a material adverse effect on the values for which the recrea-
tion area is established. 
(b) No department or agency of the United States shall recommend 
authorization of any water resources project that would have a direct 
and adverse effect on the values for which such area is established, as 
determined by the Secretary, nor shall such department or aj;ency 
request appropriations to begin construction of any such project, 
whether heretofore or hereafter authorized, without at least sixty days 
in advance, (1) advising the Secretary in writing of its intention to 
do so and (2) reporting to the Committee on Interior and Insular 
Affairs of the United States House of Representatives and to the 
Committee on Energy and Natural Resources of the United States 
Senate the nature of the project involved and the manner in which 
such project would conflict with the purposes of this Act or would 
affect the recreation area and the values to be protected by it under 
this Act, It is not the intention of Congress by this Act to require the 
manipulation or reduction of lake water levels in Lake Sidney Lanier. 
Nothing in this Act shall be construed in any way to restrict, prohibit, 
or affect any recommendation of the Metropolitan Atlanta Water 
Resources Study as authorized by the Public Works Committee of the 
United States Senate on March 2,1972. 
(c) The Secretary is directed to proceed as expeditiously as possible 
to acquire the lands and interests in lands necessary to achieve the 
purposes of this Act. 
Land acc[ui8ition. 
SEC. 105. (a) From the appropriations authorized for fiscal year 
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Report to 
cong 
committees. 
PUBLIC LAW 95-344—AUG. 15, 1978 
Conservation Fund Act (78 Stat. 897), as amended, not more than 
$72,000,000 may be expended for the acquisition of lands and interests 
in lands authorized to be acquired pursuant to the provisions of this 
Act. 
(b) Effective on October 1,1978, there are authorized to be appro-
priated not to exceed $500,000 for the development of essential public 
lacilities. 
(c) Within three years from the effective date of this Act, the 
Secretary shall, after consulting with the Governor of the State of 
Georgia, develop and transmit to the Committee on Interior and Insu-
lar Affairs of the United States House of Representatives and to the 
Committee on Energy and Natural Resources of the United States 
Senate a general management plan for the use and development of the 
recreation area consistent with the findings and purposes of this Act, 
indicating: 
(1) lands and interests in lands adjacent or related to the rec-
reation area which are deemed necessary or desirable for the pur-
poses of resource protection, scenic integrity, or management and 
administration of the area in furtherance of the purposes of this 
Act, the estimated cost of acquisition, and the recommended pub-
lic acquisition agency; 
(2) the number of visitors and types of public use within the 
recreation area that can be accommodated in accordance with 
the full protection of its resources; and 
(3) the facilities deemed necessary to accommodate and pro-
vide access for such visitors and uses, including their location and 
estimated cost. 
TITLE II 
SEC. 201. Section 4 of the Act approved August 31, 1965 (79 Stat. 
5^8), as amended, providing for the commemoration of certain his-
torical events in the State of Kansas, is further amended bv changing 
"$2,000,000." to "$2,750,000.": Provided, That such increase shall be 
effective on October 1,1978. 
TITLE III 
92 STAT. 477 
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Appropriation 
authorization. 
Plan, report to 
congressional 
committees. 
Appropriation 
authorization. 
FINDINGS AND PURPOSE 
SEC. 301. (a) The Congress hereby finds that— 
(1) the purpose of the National Park System is to preserve 
outstanding natural, scenic, historic, and recreation areas for the 
enjoyment, education, inspiration, and use of all people; 
(2) units of the National Park System have recently been estab-
lished near major metropolitan areas in order to preserve remain-
ing open space and to provide recreational opportunities for 
urban residents (many of whom do not have access to personal 
motor vehicles); and 
(3) circumstances which necessarily require people desiring to 
visit units of the National Park System to rely on personal motor 
vehicles may diminish the natural and recreational value of such 
units by causing traffic congestion and environmental damage, 
and by requiring the provision of roads, parking, and other fa-
cilities in ever-increasing numbers and density. 
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92 STAT. 478 
PUBLIC LAW 95-344—AUG. 15, 1978 
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Land acquisition. 
Information, 
availability to 
public. 
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(b) The purpose of this title is to make the National Park System 
more accessible in a manner consistent with the preservation of parks 
and the conservation of energy by encouraging the use of transporta-
tion modes other than personal motor vehicles for access to and within 
units of the National Park System with minimum disruption to nearby 
communities through autJiorization of a pilot transportation program. 
SEC. 302. (a) The Secretary of the Interior (hereinafter referred to 
as "Secretary") is authorized to formulate transportation plans and 
implement transportation projects where feasible pursuant to those 
plans for units of the national park system. 
(b) To carry out the purposes of subsection (a) of this section, the 
Secretary is authorized to— 
(1) contract Avith public or private agencies or carriers to pro-
vide transportation services, capital equipment, or facilities to 
improve access to units of the national park system; 
(2) operate such services directly in the absence of suitable and 
adequate agencies or carriers; 
(3) acquire by purchase, lease, or agreement, capital equip-
ment for such services; and 
(4) where necessary to carry out the purposes of this title, 
acquire by lease, purchase, donation, exchange, or transfer, lands, 
waters, and interests therein which are situated outside the 
boundary of a unit of the national park system, which property 
shall be administered as part of the unit: Provided, That any 
land or interests in land owned by a State or any of its political 
subdivisions may be acquired only by donation: Provided fur-
ther, That any land acquisition shall be subject to such statutory 
limitations, if any, on methods of acquisition and appropriations 
thereof as may be specifically applicable to such area. 
(c) Acquisitions pursuant to subsection (b) (3) and (4) of this 
section shall not commence prior to sixty days (not counting days 
on which the Senate or the House of Representatives has adjourned 
for more than three consecutive days) from the time the Secretary 
has submitted a detailed proposal for such acquisitions to the Com-
mittee on Energy and Natural Resources of the Senate and the Com-
mittee on Interior and Insular Affairs of the House of Representatives. 
(d) All fees directly collected by the National Park Service in the 
operation of the facilities and services authorized by this title shall 
be covered into the Planning, Development, and Operation of Recrea-
tion Facilities appropriation account to be subject to appropriation. 
(e) The Secretary shall establish information programs to inform 
the public of available park access opportunities and to promote the 
use of transportation modes other than personal mptor vehicles for 
access to and travel within the units of the national park system. 
(f) Transportation facilities and services provided pursuant to 
this title shall not be considered as concession facilities or services 
within the meaning of the Act of October 9, 1965 (79 Stat. 969) and 
may be undertaken by the Secretary directly or by contract without 
regard to any requirement of local, State, or Federal law respecting 
determinations of public convenience and necessity or other similar 
matters: Provided, That the Secretary or his contractor shall consult 
with the appropriate State or local public service commission or other 
such body having authority to issue certificates of convenience and 
necessity, and any such contractor shall be subject to applicable 
requirements of such body unless the Secretary determines that such 
PUBLIC LAW 95-344—AUG. 15, 1978 
92 STAT. 479 
requirements would not be consistent with the purposes and provisions 
of this title. 
(g) No ^rant of authority in this title shall be deemed to expand 
the exemption of section 203(b) (4) of the Interstate Commerce Act 
(49 U.S.C. 303(b)(4)). 
SEC. 303. (a) To carry out the purposes of this title, the Secretary 
of Transportation, the Secretary of Housing and Urban Development, 
the Secretary of Health, Education, and Welfare, and the Secretary 
of Commerce, and the heads of such other Federal departments or 
agencies as the Secretary deems necessary are directed to assist the 
Secretary in the foitaiulation and implementation of transportation 
projects. 
(b) Within one hundred and eighty days from the enactment of 
this Act, the Secretary shall prepare and submit to the Committee 
on Energy and Natural Resources of the Senate and the Committee 
on Interior and Insular Affairs of the House of Representatives, a 
compilation of Federal statutes and programs providing authority 
for the planning, funding, or operation of transportation projects 
which might be utilized by the Secretary to carry out the purpose 
of this title. The Secretary shall revise the compilation thereafter as 
he deems necessary. 
SEC. 304. (a) The Secretary shall, during the formulation of any 
transportation plan authorized pursuant to section 302 of this title— 
(1) give public notice of intention to formulate such a plan 
by publication in the Federal Register and in a newspaper or 
periodical having general circulation in the vicinity of the affected 
unit of the national park system; 
(2) following such notice hold a public meeting at a location 
or locations convenient to the affected unit of the National Park 
System. 
(b) Prior to the implementation of any project developed pursu-
ant to the transportation plan formulated pursuant to subsection (a) 
of this section, the Secretary shall— 
(1) establish procedures, including but not limited to public 
meetings, to give State and local governments and the public 
adequate notice and an opportunity to comment on the proposed 
transportation project; and 
(2) submit, when the proposed project would involve an 
expenditure in excess of $100,000 in any fiscal year, a detailed 
report to the Committee on Energy and Natural Resources of 
the United States Senate and the Committee on Interior and 
Insular Affairs of the United States House of Representatives. 
The Secretary may proceed with the implementation of such plan 
only after sixty days (not counting days on which the Senate or 
House of Representatives has adjourned for more than three 
consecutive days) have elapsed following submission of the plan. 
SEC. 305. The Secretary shall submit a report to the Congress within 
three years of the effective date of this Act. The report shall include, 
but not be limited to, his findings and recommendations regarding— 
(a) preservation of natural resource values within units of the 
National Park System through access alternatives; 
(b) effects of transportation projects on communities in close 
proximity to the units of the National Park System; and 
(c) future transportation projects formulated pursuant to this 
title. 
16 use 2303. 
Report to 
congressional 
committees. 
Notice, 
publication in 
Federal Register. 
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Notice. 
Report to 
congressional 
committees. 
Report to 
eongress. 
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92 STAT. 480 
PUBLIC LAW 95-344^AUG. 15, 1978 
Appropriation 
SEC. 306. In carrying out the purposes of this title, there is hereby 
?™^]?*l!?°' 
authorized to be appropriated $1,000,000 for fiscal year 1979; 
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$2,000,000 for fiscal year 1980; and $3,000,000 for fiscal year 1981, 
which shall remain available until expended. In a fiscal year when the 
amounts actually appropriated are less than the amounts listed above, 
the authorized but unappropriated amount shall continue to be avail-
able for appropriation in succeeding fiscal years. 
Approved August 15, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-598 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 95-812 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Feb. 9, 14, considered and passed House. 
July 21, considered and passed Senate, amended. 
July 31, House concurred in Senate amendment with an amendment. 
Aug. 3, Senate concurred in House amendment 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 14, No. 33: 
Aug. 15, Presidential statement.