H.R. 8382, H.R. 9119, AND S. 7-BILLS TO PROVIDE FOR THE ESTABLISHMENT OF THE BUFFALO NATIONAL RIVER IN THE STATE OF ARKANSAS AND FOR OTHER PURPOSES THURSDAY, OCTOBER 28, 1971 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 1324, Longworth House Office Building, Hon. Roy A. Taylor (chairman of the subcommittee) presiding. Present: Representatives Taylor (presiding), Aspinall (chairman of the full committee), Johnson of California, Lloyd, Burlison, Melcher, Roncalio, Kyl, Sebelius, Skubitz, Begich, Ruppe, Saylor, McClure, and Mink. Mr. TAYLOR. The Subcommittee on National Parks and Recreation will come to order. We have before us today legislation to establish the Buffalo National River in Arkansas. Comparable legislation has been introduced in the past years, but this is the first time that this committee has considered it. In addition to the two bills introduced by our colleagues from Arkansas-Representatives Hammerschmidt and Alexander-we have a bill, S. 7, which has been considered and approved by the other body. These bills are not all identical, but they all seek to accomplish the same objective, which is to preserve for all time the natural values present along the Buffalo River. After skimming some of the comments which we have been receiving from many people on both sides of this proposal, I have learned that practically everyone wants to retain and protect this scenic, natural resource. The problem comes in trying to determine how this objective can best be accomplished. Having had a brief opportunity to visit this area earlier this year, in the first part of June, I can see why so many people want to make it a part of the national park system. On the other hand, I can also understand why the people who live in this beautiful country want to re main there. Now, we do have a limited amount of time. We have 2 days, but this afternoon there will be important legislation on the House floor, so I hope we can do most of our work this morning and tomorrow. I hope that the witnesses will summarize their statements as best they can and not spend a great amount of time repeating what someone has already said. I yield to the gentleman from Colorado. (1) Mr. ASPINALL. Mr. Chairman, I want to comment. I'm glad to see that this legislation is approaching enactment. I would like to know personally how many people there are here from Arkansas. I would like them to hold up their hands. That's enough. Mr. TAYLOR. Without objection, a copy of H.R. 8382, H.R. 9119, and S. 7, a copy of the departmental report of the Department of the Interior dated September 13, 1971, and a copy of the report of the Department of Agriculture dated October 28, 1971, will be made a part of the record at this point. (The documents referred to follow :) 92D CONGRESS 1ST SESSION H. R. 8382 IN THE HOUSE OF REPRESENTATIVES MAY 13, 1971 Mr. HAMMERSCHMIDT introduced the following bill; which was referred to the Committee on Interior and Insular Affairs A BILL To provide for the establishment of the Buffalo National River in the State of Arkansas, and for other purposes. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That for the purposes of conserving and interpreting an 4 area containing unique scenic and scientific features, and pre5 serving as a free-flowing stream an important segment of 6 the Buffalo River in Arkansas for the benefit and enjoyment 7 of present and future generations, the Secretary of the In8 terior (hereinafter referred to as the "Secretary") may 9 establish and administer the Buffalo National River. The 10 boundaries of the national river shall be as generally depicted 11 on the drawing entitled "Proposed Buffalo National River" I 2 1 numbered NR-BUF-7103 and dated December 1967, which 2 shall be on file and available for public inspection in the 3 offices of the National Park Service, Department of the 4 Interior. The Secretary may revise the boundaries of the 5 national river from time to time, but the total acreage 6 within such boundaries shall not exceed ninety-five thousand 7 seven hundred and thirty acres. 8 13 SEC. 2. (a) Within the boundaries of the Buffalo Na9 tional River, the Secretary may acquire lands and waters or 10 interests therein by donation, purchase with donated or 11 appropriated funds, or exchange, except that lands owned 12 by the State of Arkansas or a political subdivision thereof may be acquired only by donation. When an individual tract 14 of land is only partly within the boundaries of the national 15 river, the Secretary may acquire all of the tract by any of 16 the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries of the na18 tional river may be exchanged by the Secretary for non19 Federal lands within the national river boundaries, and any 20 portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended. With the concurrence of the agency having custody thereof, any Federal 17 21 22 23 24 25 property within the boundaries of the national river may be 3 1 transferred without consideration to the administrative juris2 diction of the Secretary for administration as part of the 3 national river. 4 (b) With the exception of property that the Secretary 5 determines is necessary for purposes of admimnistration, pres6 ervation, or public use, any owner or owners (hereafter in 7 this section referred to as "owner") of (1) improved prop8 erty and used solely for noncommercial residential pur9 poses on the date of its acquisition by the Secretary or of (2) 10 lands used solely for agricultural purposes, including but not 11 limited to grazing, on such acquisition date may retain the 12 right of use and occupancy of such property for such respec13 tive purposes for a term, as the owner may elect, ending 14 either (a) upon the death of the owner or his spouse, which15 ever occurs later, or (b) not more than thirty-five years 16 from the date of acquisition. The Secretary shall pay to the 17 owner the fair market value of the property on the date of 18 such acquisition, less the fair market value on such date of 19 the term retained by the owner. Such right (1) shall be 20 subject to such terms and conditions as the Secretary deems 21 appropriate to assure that the property is used in accordance 22 with the purposes of this Act, (2) may be transferred or 23 assigned, and (3) may be terminated with respect to the 24 entire property by the Secretary upon his determination 25 that the property or any portion thereof has ceased to be |