[DOCID: f:sr372.110]
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Calendar No. 804
110th Congress Report
SENATE
2d Session 110-372
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EVERGLADES NATIONAL PARK BOUNDARY ADJUSTMENT ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2804]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2804) to adjust the boundary of the
Everglades National Park, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everglades National Park Boundary
Adjustment Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Hurricane hole.--The term ``Hurricane Hole'' means the
natural salt-water body of water within the Duesenbury Tracts
of the eastern parcel of the Tarpon Basin boundary adjustment
and accessed by Duesenbury Creek.
(2) Map.--The term ``map'' means the map entitled ``Proposed
Tarpon Basin Boundary Revision'', numbered 160/80,012, and
dated May 2008.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tarpon basin property.--The term ``Tarpon Basin
property'' means land that--
(A) is comprised of approximately 600 acres of land
and water surrounding Hurricane Hole, as generally
depicted on the map; and
(B) is located in South Key Largo.
SEC. 3. BOUNDARY REVISION.
(a) Boundary Revision.--The boundary of the Everglades National Park
is adjusted to include the Tarpon Basin property.
(b) Acquisition Authority.--The Secretary may acquire from willing
sellers by donation, purchase with donated or appropriated funds, or
exchange, land, water, or interests in land and water, within the area
depicted on the map, to be added to Everglades National Park.
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the National Park
Service.
(d) Administration.--Land added to Everglades National Park by this
section shall be administered as part of Everglades National Park in
accordance with applicable laws (including regulations).
SEC. 4. HURRICANE HOLE.
The Secretary may allow use of Hurricane Hole by sailing vessels
during emergencies, subject to such terms and conditions as the
Secretary determines to be necessary.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
PURPOSE
The purpose of S. 2804 is to adjust the boundary of
Everglades National Park in the State of Florida.
BACKGROUND AND NEED
Everglades National Park was established in 1947 and is the
largest subtropical wilderness in the United States. The area
boasts rare and endangered species, such as the American
crocodile, Florida panther, and West Indian manatee. It has
been designated an International Biosphere Reserve, a World
Heritage Site, and a Wetland of International Importance, in
recognition of its significance to all the people of the world.
S. 2804 would expand the boundary of Everglades National
Park to include the Tarpon Basin in South Key Largo. Tarpon
Basin is 586 acres of land and water and currently owned by The
Nature Conservancy. This parcel contains habitat for listed
endangered species, such as the wood stork and the West Indian
manatee and state-listed threatened species such as the roseate
spoonbill and the white-crowned pigeon. A portion of the Tarpon
Basin is known as the ``Hurricane Hole'', an area for vessel
owners to harbor about 15 sailboats from the perils of tropical
storms and hurricanes. A dense stand of mangrove trees protects
the ``Hurricane Hole'' from high winds.
LEGISLATIVE HISTORY
S. 2804 was introduced by Senator Nelson on April 2, 2008.
Senator Martinez is a cosponsor. The Subcommittee on National
Parks held a hearing on S. 2804 on April 23, 2008.
At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered S. 2804 favorably
reported, with amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 2804.
COMMITTEE AMENDMENTS
During the consideration of S. 2804, the Committee on
Energy and Natural Resources amended the Act by striking
everything after the enacting clause and providing an amendment
in the nature of a substitute. The amendments clarify the
boundary description and make other clarifying and conforming
amendments.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title ``Everglades National
Park Boundary Adjustment Act of 2008''.
Section 2 defines key terms used in the bill.
Section 3 revises the boundary of Everglades National Park.
Subsection (a) authorizes Secretary of the Interior to
adjust the boundary to include Tarpon Basin.
Subsection (b) authorizes the acquisition of land within
the boundary adjustment from willing sellers.
Subsection (c) requires maps be made available to the
public.
Subsection (d) authorizes the Secretary to administer this
section as part of the Everglades National Park, in accordance
with applicable laws.
Section 4 directs the Secretary of the Interior to allow
the use of Hurricane Hole during emergencies.
Section 5 authorizes appropriations for this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2804--Everglades National Park Boundary Adjustment Act of 2008
S. 2804 would modify the boundary of the Everglades
National Park in Florida to include the 600-acre Tarpon Basin
property on Key Largo. Assuming availability of the necessary
amounts, CBO estimates that the National Park Service would
spend about $1 million to acquire the property in 2009. We
estimate that additional administrative costs to manage the new
properties would be minimal. Enacting S. 2804 would not affect
revenues or direct spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2804. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2804, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2804, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined by rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
April 23, 2008, hearing on S. 2804 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you today to present the views
of the Department of the Interior on S. 2804, a bill to adjust
the boundary of Everglades National Park and to authorize the
Secretary of the Interior to acquire additional property in the
Tarpon Basin district.
The Department supports enactment of this bill, with some
technical amendments as discussed later in this testimony.
Congress passed legislation in 1934 authorizing the
establishment of Everglades National Park through public and
private donations of land. Thirteen years later, in 1947,
President Harry Truman dedicated Everglades as the first
national park to preserve purely biological--not geological--
resources. In establishing the park, Congress recognized that
South Florida's climate and the abundant flora and fauna
present there were unique to the United States and to the
world. Specifically, Congress noted the importance of
protecting the mangrove swamp, which ``teems with aquatic and
amphibian life'' and provides a sanctuary for numerous wading
birds. Congress also recognized the importance of protecting
the hardwood hammocks. Oak, mahogany and gumbo-limbo trees grow
on these slightly elevated mounds of limestone, providing
habitat for birds and other wildlife.
Everglades National Park is located at the interface of a
temperate and subtropical environment with a great diversity of
resources. It is recognized by the United Nations as an
International Biosphere Reserve and as a World Heritage Site.
It is also designated a Wetland of International Importance by
the international Ramsar Convention treaty.
The purpose of the proposed legislation is to adjust the
boundary of Everglades National Park and authorize the
acquisition of approximately 600 acres of land and water
surrounding Tarpon Basin for inclusion in the park. These
changes are relatively minor, as Everglades National Park
encompasses approximately 1,509,000 acres. However, the
resources that will be acquired are significant and
characteristic of those intended by Congress to be protected.
The approximate acquisition costs would be $983,000 including
cleanup, appraisals and other associated costs. Anticipated
costs for operations are estimated to be under $100,000.
Funding for these costs will be subject to NPS priorities and
availability of appropriations.
The boundary expansion property, located near Key Largo,
Florida, contains habitat for the wood stork and the West
Indian Manatee, each of which are listed as endangered under
the Endangered Species Act of 1973. The property also contains
habitat for the roseate spoonbill and the white-crowned pigeon.
Both are categorized by the Florida Fish and Wildlife
Conservation Commission as threatened species.
The property is comprised of two parcels abutting the
northeast and southwest sides of Tarpon Basin. The northeastern
parcel, referred to as the Dusenbury Creek peninsula,
encompasses slightly more than 59 percent of the total tract
and includes predominantly coastal mangrove areas, with some 10
acres of hardwood hammock. This parcel has approximately 900
feet of frontage along the west side of US Highway 1 and is
bounded by Tarpon Basin on the south and Blackwater Sound on
the north and west. The southwestern parcel, referred to as the
Grouper Creek peninsula, consists of approximately 41 percent
of the remaining total tract as coastal mangrove. A number of
small saltwater ponds are located throughout the two parcels.
The largest, Lake Donna, is accessible by land. Access to the
others is restricted due to dense mangrove stands.
The Dusenbury Creek parcel has a small ``hurricane hole,''
located in the northern end of the property, which can be
accessed from the Intracoastal Waterway and from Tarpon Basin.
Historically, this area has been used by boaters to moor their
sailboats during a hurricane or tropical storm. This
legislation provides the Secretary of the Interior with
authority to issue permits to the owners of a sailing vessel
who, before the date of enactment of this legislation, have
used the hurricane hole to secure that sailing vessel during a
tropical storm or hurricane.
This legislation will have minimal impact on the park's
budget, other than funding for land acquisition. The park will
be able to manage any land additions within its existing
priorities. No additional personnel will be needed to implement
the proposal. The boundary adjustment and acquisition will
require the park's Florida Bay District personnel to perform
additional water- and land-based patrols. Thse patrol changes
are minor, however.
The department has some technical amendments to S. 2804.
First, the land acquisition and administration language in
sections 4(b) and 4(d) is confusing as to its intent. We would
like to work with the committee to simplify the language in
accordance with other park boundary adjustment legislation
approved by the committee. We would also like to suggest a
couple of technical changes to the language of section 2 to
reflect the correct name of the Florida Fish and Wildlife
Conservation Commission and to section 5 to clarify which
sailing vessels are eligible for the permits. We will be glad
to provide those to the committee.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to answer any questions you or any members of the
Subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill, S. 2804, as
ordered reported.
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