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Recreational uses within the proposed Buffalo National River include boating, fishing, swimming, camping, photography, nature observation, and hunting, the report states:

The old trails and wagon roads which wind along the river, parallel the tributaries and traverse the ridges, provide a good basis for developing a system of hiking and riding paths. Two rugged and virtually uninhabited expanses of country, one at each end of this area, will provide unusual primitive environments where a rider, canoeist, trail camper, and scientist may find enjoyment.

The proposed national river includes about 132 river-miles and a total of some 95,730 acres in four counties as follows: Newton County (43,610 acres); Searcy County (24,530 acres); Marion County (26,000 acres); and Baxter County (1,590 acres). The Federal Government owns about 770 acres of land within the national river boundaries, and this acreage is administered by the Forest Service, Department of Agriculture. The State of Arkansas owns about 2,960 acres of land comprising the Buffalo River and Lost Valley State Parks and scattered parcels of public hunting areas. The remaining land acreage within the national river boundaries is in private ownership.

The committee wishes to acknowledge and compliment the National Park Service on its very fine 1968 publication entitled "Proposed Buffalo National River, Arkansas." The information contained therein was of considerable value during the hearings on the measure.

The bill authorizes the Secretary of the Interior to acquire by donation, purchase with donated or appropriated funds, or exchange lands and waters or interests therein within the national river boundaries, and outside of such boundaries in order to avoid the payment of severance costs. Lands owned by the State of Arkansas or its political subdivisions may be acquired only by donation.

As amended the bill provides that owners of improved property or lands used solely for agricultural purposes on the date of acquisition could retain the right of use and occupancy for a term ending either on the death of the owner or his spouse, whichever occurs later, or not more than 25 years from the date of acquisition.

COSTS

The Department of Interior estimates the costs of the proposal as follows:

Land acquisition...

Development---.

$9, 200, 000

8, 224, 000

The committee following its usual practice has amended the bill limiting the authorization to the above figures.

The annual operating costs are estimated to be $685,800.

AMENDMENTS

On page 3, line 5, amend the first sentence of section 2(b) to read as follows:

(b) With the exception of property that the Secretary determines is necessary for purposes of administration, preservation, or public use, any owner or owners (here

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inafter in this section referred to as "owner") of (1) im-
proved property used solely for noncommercial residential
purposes on the date of its acquisition by the Secretary or of
(2) lands used solely for agricultural purposes on such acquisi-
tion date may retain the right of use and occupancy of such
property for such respective purposes for a term, as the owner
may elect, ending either (a) upon the death of the owner or
his spouse, whichever occurs later, or (b) not more than 25
years from the date of acquisition.

On page 3, line 24, after the word "purposes" insert the words "or agricultural."

Strike all of section 6 and renumber section 7 as section 6.

Section 6 stricken from the bill on the recommendation of the Department of the Interior provided for arrest authority for violations within the national river. In the report it is indicated that the Department favors general legislation applicable to all areas under the jurisdiction of the Park Service to solve this problem rather than accomplishing it on area-by-area basis.

Amend renumbered section 6 to read as follows:

SEC. 6. There are hereby authorized to be appropriated not to exceed $9,200,000 for land acquisition and not to exceed $8,224,400 for development of the area as provided for in this Act.

The Committee on Interior and Insular Affairs recommends enactment of S. 855, as amended.

The favorable report of the Department of the Interior follows:
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, D.C., May 26, 1969.

Hon. HENRY M. JACKSON,

Chairman, Committee on, Interior and Insular Affairs,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: Your committee has requested a report from this Department on S. 855, a bill to provide for the establishment of the Buffalo National River in the State of Arkansas, and for other

purposes.

We recommend the enactment of the bill, with the amendments indicated below.

The bill authorizes the Secretary of the Interior to establish the Buffalo National River on not more than 95,730 acres in the Ozark Mountains of northwest Arkansas. The national river will include a segment of the Buffalo River, which will be preserved as a free-flowing stream, and adjacent land areas on both sides of the river containing unique scenic and scientific features.

The significance of the Buffalo River is not due to any single attribute of the river which, taken alone, ranks above that for any other river in the United States. Rather, its significance is due to a splendid combination of favorable qualities. Massive bluffs and deeply entrenched valleys give the Buffalo the most spectacular setting of any stream in the Ozark region, and enable it to be classed among the most outstandingly scenic of the free-flowing streams in the eastern United States. With little residential or commercial development on its banks, and with no municipal or industrial

S. Rept. 91-385

pollution, the Buffalo River is unspoiled. It provides a unique opportunity for preservation since its headwaters lie within the Ozark National Forest, and the remaining 132 miles of the river can be preserved and administered as a single unit under the provisions of S. 855.

The geological features of the river provide an outstanding displayincluding the action of water in massive beds of cavernous limestone; the folding and faulting of sedimentary rocks; and limestone, dolomite, sandstone, and shale formations and their fossil remains of ancient life from the Ordovician to the Pennsylvania period of geologic time.

The flora along the river is richly diverse and noteworthy for the Ozark Mountains are the meeting place of America's flora. Hillsides and bluffs with their varying elevations and exposures provide a variety of conditions for some 1,500 species of plants. While not present in great numbers, a variety of animals exist in the area, and the Buffalo River and its tributaries are one of the richest waterways in the Nation in terms of the total number of fish species.

Within the proposed national river are two individual features which are especially noteworthy. One is a 200-foot waterfall in Hemmed-in-Hollow, the highest free-leaping waterfall between the southern Appalachians and the Rockies. The other is the collection of gypsum formations in Beauty Cave which are outstanding in size and variety, and which contain one or more types not known to exist elsewhere.

A large number of archeological sites also exist within the proposed national river. These sites can yield the story of Indian occupation from Archaic to late prehistoric times-a span of some 9,000 years. While no single event of national significance has taken place on the Buffalo River, the remaining artifacts of the pioneer era can be used in interpreting a much larger story-the settlement and eventual overpopulation of the Ozark hill country followed by the migration from the area which continues at the present time.

The proposed national river includes about 132 river miles and a total of some 95,730 acres in four counties as follows: Newton County (43,610 acres); Searcy County (24,530 acres); Marion County (26,000 acres); and Baxter County (1,590 acres). The Federal Government owns about 770 acres of land within the national river boundaries, and this acreage is administered by the Forest Service, Department of Agriculture. The State of Arkansas owns about 2,960 acres of land comprising the Buffalo River and Lost Valley State Parks and scattered parcels of public hunting areas. The remaining land acreage within the national river boundaries is in private ownership.

The bill authorizes the Secretary of the Interior to acquire by donation, purchase with donated or appropriated funds, or exchange lands and waters or interests therein within the national river boundaries, and outside of such boundaries in order to avoid the payment of severance costs. Lands owned by the State of Arkansas or its political subdivisions may be acquired only by donation.

The owners of "improved residential property" acquired for the national river, which the Secretary determines can be continued in such use without undue interference with the administration of the national river, may retain a right of use and occupancy for a term ending either (1) upon the death of the owner or his spouse, which

S. Rept. 91-385

ever occurs later, or (2) not more than 25 year from the date of acquisition.

The Advisory Board on National Parks, Historic Sites, Buildings, and Monuments has judged the Buffalo River in Arkansas to be a nationally significant free-flowing stream, and has recommended its preservation as a national river.

The proposed recreational uses within the Buffalo National River include boating, fishing, swimming, camping, photography, nature observation, and hunting. The old trails and wagon roads, which wind along the river, parallel the tributaries, and traverse the ridges, provide a good basis for developing a system of hiking and riding paths. Two rugged and virtually uninhabited expanses of country, one at each end of this area, will provide unusual primitive environments where a rider, canoeist, trail camper, and scientist may find enjoyment

Under section 3 of the bill, hunting and fishing would generally be permitted within the boundaries of the national river in accordance with applicable Federal and state laws. Water resource projects having a direct and adverse effect on the proposed national river would be restricted under section 4 of the bill. This section is virtually identical to section 7(a) of the Wild and Scenic Rivers Act (82 Stat. 906, 913). It should be pointed out that the free-flowing character of the river may well qualify it for consideration for inclusion in the national wild and scenic rivers system, but our overriding concern is the prompt protection of such values.

We recommend enactment of S. 855 with the following amend

ments:

1. Under section 2(b) owners of improved property acquired by the Secretary could retain the right of use and occupancy for noncommercial residential purposes. In view of the significant agricultural acreage within the proposed boundaries of the national river and the Secretary's authority under section 2(b) to impose appropriate conditions to assure property use consistent with the purposes of the legislation, we believe it desirable to allow retained rights for agricultural purposes. We therefore recommend that on page 3, the first sentence of section 2(b) be amended to read as follows:

"(b) With the exception of property that the Secretary determines is necessary for purposes of administration, preservation, or public use, any owner or owners (hereinafter in this section referred to as "owner") of (1) improved property used solely for noncommercial residential purposes on the date of its acquisition by the Secretary or of (2) lands used solely for agricultural purposes on such acquisition date may retain the right of use and occupancy of such property for such respective purposes for a term, as the owner may elect, ending either (a) upon the death of the owner or his spouse, whichever occurs later, or (b) not more than twenty-five years from the date of acquisition."

Additionally, the words "or agricultural" should be inserted before the word "purposes" on line 24 of page 3.

Section 6 of the bill provides for arrest authority within the Buffalo National River. This Department has recently reviewed various statutory provisions of the Department relative to making arrests. This Department has decided that general legislation to clarify the authority of the National Park Service to make arrests in areas such

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as this proposed national river is desirable rather than accomplishing this objective on a case-by-case basis. We recommend, therefore, that section 6 of the bill be deleted in its entirety and that section 7 be renumbered as section 6.

Lastly, we note that the word "component" on line 5 of page 6 of the bill should be replaced with the words "national river". This is an editorial change.

The estimated cost of acquiring the private lands within the proposed national river is $9,200,000. This estimate is based on a 1967 estimate. The total development cost for the national river is estimated at $8,224,400, of which $6,347,100 is programed for the first 5 years after its establishment. The estimated annual cost of operation of the national river is $685,800 after the first 5 years.

The man-years and cost-data statement (based on current assumptions and estimates) required by the act of July 25, 1956 (5 U.S.Č. 2953), when annual expenditures exceed $1 million, is enclosed.

The Bureau of the Budget has advised that while there is no objection to the presentation of this report, the Bureau will express its views in a separate report which it is submitting to the committee. Sincerely yours,

RUSSELL E. TRAIN, Under Secretary of the Interior.

ESTIMATED ADDITIONAL MAN-YEARS OF CIVILIAN EMPLOYMENT AND EXPENDITURES FOR THE 1ST 5 YEARS OF PROPOSED NEW OR EXPANDED PROGRAMS

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