A bill to amend the Act of August 15, 1978, regarding the Chattahoochee River National Recreation Area in the State of Georgia.
PL 98-568 (H.R.2645), enacted 10/30/1984

98 STAT. 2928 
PUBLIC LAW 98-568—OCT. 30, 1984 
Public Law 98-
98th Congress 
568 
An Act 
Oct. 30, 1984 
To amend the Act of August 15, 1978, regarding the Chattahoochee River National 
[H.R. 2645] 
Recreation Area in the State of Georgia. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 101 
of the Act of August 15, 1978, entitled "An Act to authorize the 
estabHshment of the Chattahoochee River National Recreation Area 
in the State of Georgia, and for other purposes" (Public Law 95-344; 
16 U.S.C. 460ii) is amended by adding the following at the end 
thereof: "For purposes of facilitating Federal technical and other 
support to State and local governments to assist State and local 
efforts to protect the scenic, recreational, and natural values of a 
2,000 foot wide corridor adjacent to each bank of the Chattahoochee 
River and its impoundments in the 48-mile segment referred to 
above, such corridor is hereby declared to be an area of national 
concern.". 
16 use 460ii. 
(b) Section 101 of such Act is amended— 
(1) by striking out "numbered CHAT-20,000, and dated July 
1976" and substituting "numbered CHAT-20,003, and dated 
September 1984"; and 
(2) by striking out "six thousand three hundred acres" and 
substituting "approximately 6,800 acres". 
16 use 460ii-l. 
(c) Section 102 of such Act is amended by adding the following at 
the end thereof: 
Public lands. 
"(f)(1) The Secretary shall exchange those federally owned lands 
identified on the map referenced in section 101 of this Act as 
'exchange lands' for non-Federal lands which are within the bound-
aries of the recreation area. The values of the lands exchanged 
under this subsection shall be equal, or shall be equalized in the 
same manner as provided in section 206 of the Federal Land Policy 
and Management Act of 1976. 
"(2) At three year intervals after the date of the enactment of this 
subsection, the Secretary shall publish in the Federal Register a 
progress report on the land exchanges which have taken place and 
the exchanges which are likely to take place under the authority of 
this subsection. Such report shall identify the lands which are 
unsuitable for exchange pursuant to such authority. 
"(3) Effective on the date ten years after the date of the enactment 
of this subsection, the exchange authority of paragraph (1) shall 
terminate. The exchange lands identified under paragraph (1) which 
have not been exchanged prior to such date shall be retained in 
Federal ownership as a part of the recreation area. 
"(4) The Secretary shall publish a revision of the boundary map 
referred to in section 101 to exclude from the boundaries of the 
recreation area any exchange lands which are used to acquire non-
Federal lands under paragraph (3).". 
16 use 460ii-3. 
(d) Section 104 of such Act is amended by adding the following at 
the end thereof: 
Federal 
Register, 
publication. 
Report. 
Termination. 
PUBLIC LAW 98-568—OCT. 30, 1984 
98 STAT. 2929 
"(dXD Notwithstanding any other authority of law, any depart-
ment, agency, or instrumentality of the United States or of the State 
of Georgia, or any other entity which may construct any project 
recommended in the study entitled 'Metropolitan Atlanta Water 
Resources Management Study, Georgia: Report of Chief of Engi-
neers,' dated June 1, 1982, which directly adversely impacts any 
lands within the authorized recreation boundaries of the Bowman's 
Island tract as shown on the map numbered and dated CHAT-
20,003, September 1984, which were in Federal ownership as of 
September 1, 1984, shall, upon request by the Secretary, mitigate 
such adverse impacts. It is expressly provided that use of or adverse 
impact upon any other lands within the recreation area as result of 
any such project shall not require mitigation. Mitigation required by 
this paragraph shall be provided by payment to the United States of 
a sum not to exceed $3,200,000. The mitigation funds paid pursuant 
to this paragraph shall be utilized by the Secretary for the acquisi-
tion of replacement lands. Such replacement lands shall be acquired 
only after consultation with the Governor of Georgia. 
"(2) In acquiring replacement lands under paragraph (1) priority 
shall be given to acquisition of lands within the recreation area 
boundary and those lands within or adjacent to the 2,000 foot wide 
corridor referred to in section 101. Any lands acquired pursuant to 
this subsection lying outside the boundaries of the recreation area 
shall, upon acquisition, be included within the recreation area and 
transferred to the Secretary for management under this Act. The 
Secretary shall publish a revised boundary map to include any lands 
added to the recreation area pursuant to this subsection. 
"(3) If lands as described in paragraph (2) are not available for 
acquisition, other lands within the State of Georgia may be acquired 
as replacement lands under paragraph (1) if such lands are trans-
ferred to the State of Georgia for permanent management for public 
outdoor recreation.". 
(e)(1) Section 105(a) of such Act is amended by striking out 
"$72,900,000" and substituting "$79,400,000" and by adding the 
following at the end thereof: "For purposes of section 7(a)(3) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
9(a)(3)), the statutory ceiling on appropriations under this subsection 
shall be deemed to be a statutory ceiling contained in a provision of 
law enacted prior to the convening of the Ninety-sixth Congress.". 
(2) Section 105(c) of such Act is amended by striking out "three 
years" and substituting "seven years". 
(3) Section 105 of such Act is further amended by adding the 
following new subsection at the end thereof: 
"(d)(1) Whenever any Federal department, agency, or instrumen-
tality proposes to undertake any action, or provide Federal assist-
ance for any action, or issue any license or permit for an action 
within the corridor referred to in section 101 which may have a 
direct and adverse effect on the natural or cultural resources of the 
recreation area, the head of such department, agency, or instrumen-
tality shall— 
"(A) promptly notify the Secretary of the action at the time it 
is planning the action, preparing an environmental assessment 
regarding the action, or preparing an environmental impact 
statement under the National Environmental Policy Act of 1969 
for the action; 
"(B) provide the Secretary a reasonable opportunity to com-
ment and make recommendations regarding the effect of the 
Public lands. 
16 use 460ii-4. 
42 use 4321 
note. 
98 STAT. 2930 
PUBLIC LAW 98-568—OCT. 30, 1984 
Federal action on the natural and cultural resources of the 
recreation area; and 
"(C) notify the Secretary of the specific decisions made in 
respect to the comments and recommendations of the Secretary. 
The requirements of this subsection shall be carried out in accord-
ance with procedures established by the Federal agency responsible 
for undertaking or approving the Federal action. These procedures 
may utilize the procedures developed by such Agency pursuant to 
42 use 4321 
the National Environmental Policy Act. 
I'-ote. 
"(2) Following receipt of notification pursuant to paragraph (1)(A), 
the Secretary, after consultation with the Governor of Georgia, shall 
make such comments and recommendations as the Secretary deems 
appropriate pursuant to paragraph (1)(B) as promptly as practicable 
in accordance with the notifying agency's procedures established 
pursuant to paragraph (1)(A). In any instance in which the Secretary 
does not provide comments and recommendations under paragraph 
(1)(B), the Secretary shall notify in writing, the appropriate commit-
tees of Congress. 
"(3) Following receipt of the notifying agency's decisions pursuant 
to paragraph (1)(C), the Secretary shall submit to the appropriate 
committees of Congress, including the authorizing committees with 
primary jurisdiction for the program under which the proposed 
action is being taken, a copy of the notifying agency's specific 
decisions made pursuant to paragraph (1)(C), along with a copy of 
the comments and recommendations made pursuant to paragraph 
(IXB). 
"(4) In any instance in which the Secretary has not been notified 
of a Federal agency's proposed action within the corridor, and on his 
or her own determination finds that such action may have a signifi-
cant adverse effect on the natural or cultural resources of the 
recreation area, the Secretary shall notify the head of such Federal 
agency in writing. Upon such notification by the Secretary, such 
agency shall promptly comply with the provisions of subparagraphs 
(A), (B), and (C) of paragraph (1) of this subsection. 
"(5) Each agency or instrumentality of the United States conduct-
ing Federal action upon federally owned lands or waters which are 
administered by the Secretary and which are located within the 
authorized boundary of the recreation area shall not commence such 
action until such time as the Secretary has concurred in such action. 
"(6) The following Federal actions which constitute a major and 
necessary component of an emergency action shall be exempt from 
the provisions of this subsection— 
"(A) those necessary for safeguarding of life and property; 
"(B) those necessary to respond to a declared state of disaster; 
"(C) those necessary to respond to an imminent threat to 
national security; and 
"(D) those that the Secretary has determined to be not incon-
sistent with the general management plan for the recreation 
area. 
Actions which are part of a project recommended in the study 
entitled 'Metropolitan Atlanta Water Resources Management 
Study, Georgia: Report of Chief of Engineers', dated June 1, 1982, 
and any Federal action which pertains to the control of air space, 
which is regulated under the Clean Air Act, or which is required for 
maintenance or rehabilitation of existing structures or facilities 
shall also be exempt from the provisions of this subsection.". 
PUBLIC LAW 98-568—OCT. 30, 1984 
98 STAT. 2931 
(f) Title I of such Act is amended by adding the following at the 
end thereof: 
"SEC. 106. (a) There is hereby established the Chattahoochee River 
National Recreation Area Advisory Commission (hereinafter in this 
Act referred to as the 'Advisory Commission') to advise the Secre-
tary regarding the management and operation of the area, protec-
tion of resources with the recreation area, and the priority of lands 
to be acquired within the recreation area. The Advisory Commission 
shall be composed of the following thirteen voting members 
appointed by the Secretary: 
"(1) four members appointed from among individuals recom-
mended by local governments— 
"(A) one of whom shall be recommended by the Board of 
County Commissioners of Forsyth County; 
"(B) one of whom shall be recommended by the Board of 
County Commissioners of Fulton County; 
"(C) one of whom shall be recommended by the Board of 
County Commissioners of Cobb County; and 
"(D) one of whom shall be recommended by the Board of 
County Commissioners of Gwinnett County; 
"(2) one member appointed from among individuals recom-
mended by the Governor of Georgia; 
"(3) one member appointed from among individuals recom-
mended by the Atlanta Regional Commission; 
"(4) four members appointed from among individuals recom-
mended by a coalition of citizens public interest groups, recre-
ational users, and environmental organizations concerned with 
the protection and preservation of the Chattahoochee River; 
"(5) one member appointed from among individuals recom-
mended by the Business Council of Georgia or by a local cham-
ber of commerce in the vicinity of the recreation area; and 
"(6) two members who represent the general public, at least 
one of whom shall be a resident of one of the counties referred 
to in paragraph (1). 
In addition, the Park Superintendent for the recreation area shall 
serve as a nonvoting member of the Advisory Commission. The 
Advisory Commission shall designate one of its members as 
Chairman. 
"Ot)Xl) Except as provided in paragraph (2), members of the Advi-
sory Commission shall serve for terms of three years. Any voting 
member of the Advisory Commission may be reappointed for one 
additional three-year term. 
"(2) The members first appointed under paragraph (1) shall serve 
for a term of one year. The members first appointed under para-
graphs (2), (3), (5), and (6) shall serve for a term of two years. 
"(c) The Advisory Commission shall meet on a regular basis. 
Notice of meetings and agenda shall be published in local newspa-
pers which have a distribution which generally covers the area 
affected by the park. Commission meetings shall be held at locations 
and in such a manner as to insure adequate public involvement. 
"(d) Members of the Commission shall serve without compensa-
tion as such, but the Secretary may pay expenses reasonably 
incurred in carrying out their responsibilities under this Act on 
vouchers signed by the Chairman. 
"(e) The Advisory Commission shall terminate on the date ten 
years after the date of the enactment of this subsection.". 
Chattahoochee 
River National 
Recreation Area 
Advisory 
Commission, 
establishment. 
16 u s e 460ii-5. 
98 STAT. 2932 
PUBLIC LAW 98-568—OCT. 30, 1984 
Effective date. 
SEC. 2. Any provision of any amendment made by this Act which, 
16 use 460ii 
directly or indirectly, authorizes the enactment of new budget 
^° ^' 
authority described in section 402(a) of the Congressional Budget 
Act of 1974 shall be effective only for fiscal years beginning after 
September 30,1984. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—H.R. 2645: 
HOUSE REPORT No. 98-607 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 98-633 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Mar. 5, considered and passed House. 
Oct. 3, considered and passed Senate, amended. 
Oct. 4, House concurred in Senate amendments.