[Senate Report 106-392]
[From the U.S. Government Publishing Office]
Calendar No. 768
106th Congress Report
SENATE
2d Session 106-392
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SAINT HELENA ISLAND NATIONAL SCENIC AREA ACT
_______
August 25, 2000.--Ordered to be printed
Filed under authority of the order of the Senate of July 26, 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 468]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 468) to establish the Saint Helena
Island National Scenic Area, having considered the same,
reports favorably thereon with an amendment and recommends that
the Act, as amended, do pass.
The amendment is as follows:
On page 4, lines 1-5; Strike the first sentence and insert
the following:
``Within 3 years of the acquisition of 50% of the
land authorized for acquisition under section 7, the
Secretary shall develop an amendment to the land and
resources management plan for the Hiawatha National
Forest which will direct management of the scenic
area.''.
purpose of the measure
The purpose of H.R. 468 is to establish the Saint Helena
Island National Scenic Area.
background and need
The owners of most of Saint Helena Island, an island in the
Straits of Mackinac in Lake Michigan, have put their 240 acre
parcel up for sale. H.R. 468 authorizes the purchase of this
land to preserve and protect its outstanding resources. The
bill also establishes the Saint Helena Island National Scenic
Area to be managed as part of the Hiawatha National Forest.
H.R. 468 also authorizes the Secretary of Agriculture to
acquire up to 10 acres of land, including improvements, on the
mainland to provide access and facilities for the scenic area.
legislative history
H.R. 468 was introduced on February 2, 1999, by Congressman
Dale Kildee. On September 21, 1999, H.R. 468 passed the House
by a vote of 410-2. The Subcommittee on Forests and Public Land
Management held a hearing on H.R. 468 on June 8, 2000. At the
business meeting on July 13, 2000, the Committee on Energy and
Natural Resources ordered H.R. 468 reported favorably with an
amendment.
committee recommendation and tabulation of votes
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2000, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 468 if
amended as described herein.
committee amendment
During the consideration of H.R. 468, the Committee adopted
an amendment thataddresses the Administration's concerns on the
timing of the development of a management plan for the National Scenic
Area.
section-by-section analysis
Section 1 states that the short title is the ``Saint Helena
Island National Scenic Area Act.''
Section 2 gives the purposes of the Act and establishes the
Saint Helena Island National Scenic Area effective upon
conveyance of satisfactory title of the whole of Saint Helena
Island except for the portion owned by the Great Lakes
Lighthouse Keepers Association.
Section 3 specifies the boundaries of the scenic area and
extends the Hiawatha National Forest to encompass the scenic
area.
Section 4(a) requires the Secretary of Agriculture to
administer the scenic area similar to other National Forest
System lands.
Subsection (b) requires the Secretary to develop creation
of a management plan for the scenic area within three years of
the acquisition of at least half of the land authorized for
purchase, and requires that the plan address several specified
management considerations.
Subsection (c) requires that the management plan be
developed in consultation with State and local government
officials and provide for full public participation.
Section 5 preserves the existing jurisdiction of the State
of Michigan for fish and wildlife responsibility.
Section 6 withdraws the lands in the scenic area from
mineral leasing, subject to existing rights, except for common
materials for road and facility construction needs.
Section 7(a) requires the Secretary to acquire from willing
sellers, lands or interests therein.
Subsection (b) authorizes the Secretary to acquire not more
than 10 acres on the mainland to provide access to the scenic
area.
Section 8 authorizes appropriations as necessary for the
acquisition of land, interest in land, or structures within the
scenic area and for an administrative site, as well as what may
be necessary for development and implementation of the
management plan.
cost and budgetary considerations
The Congressional Budget Office (CBO) estimate of the costs
of this measure follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 19, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 468, the Saint
Helena Island National Scenic Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 468--Saint Helena Island National Scenic Area Act
CBO estimates that implementing H.R. 468 would cost about
$3 million over the 2001-2005 period, subject to the
appropriation of the estimated amounts. Because the legislation
would not affect direct spending or receipts, pay-as-you-go
procedures would not apply. H.R. 468 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
H.R. 468 would direct the Secretary of Agriculture to
acquire almost 240 acres of privately owned land comprising
most of Saint Helena Island in Lake Michigan to establish the
Saint Helena Island National Scenic Area. H.R. 468 also would
authorize the Secretary to acquire up to 10 acres of land,
including improvements, on the mainland to provide access and
facilities for the proposed scenic area. The acquired land
would be managed as part of the Hiawatha National Forest. Once
the Secretary has acquired half of the land authorized for the
scenic area, H.R. 468 would direct the Secretary to develop a
management plan for the area.
Based on information from the Forest Service and recent
information from landowners on the island, CBO estimates that
the agency would spend about $2 million to acquire the land,
plus another $600,000 to establish and manage the scenic area,
including developing a management plan for the island,
constructing basic facilities, and surveying the area. Once the
national scenic area is established, ongoing administrative
costs would total about $50,000 each year. Such spending would
be subject to the appropriation of the necessary amounts.
On July 14, 1999, CBO transmitted a cost estimate for H.R.
468 as ordered reported by the House Committee on Resources on
June 30, 1999. The two versions of this legislation are
substantively the same. CBO's estimate of the cost to acquire
the land on Saint Helena Island is now about $500,000 higher
than our estimate in June 1999.
The CBO staff contact is Megan Carroll. This estimate was
approved by Robert A. Sunshine, 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 H.R. 468.
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 H.R. 468, as ordered reported.
executive communications
On July 13, 2000 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth Executive agency recommendations on H.R. 468. These
reports had not been received at the time the report on H.R.
468 was filed. When the reports become available, the Chairman
will request that they be printed in the Congressional Record
for the advice of the Senate. The testimony provided by the
Forest Service at the Subcommittee hearing follows:
Statement of Jack Craven, Director of Lands, Forest Service, U.S.
Department of Agriculture
Mr. Chairman, and members of the subcommittee, thank you
for the opportunity to present the Administration's views
concerning H.R. 468, an Act to establish the Saint Helena
Island National Scenic Area. The Administration supports this
bill with a minor amendment.
This bill would establish the Saint Helena Island National
Scenic Area in the State of Michigan to be included within the
Hiawatha National Forest. It would authorize the purchase of
private land on the island from willing sellers. The creation
of the Saint Helena Island National Scenic Area would preserve
and protect this outstanding resource. The island provides
habitat for rare, threatened, and endangered plant species, and
a great blue heron rookery. The addition of this land to the
Hiawatha National Forest would provide opportunities for
recreation experiences in a primitive setting outside of
wilderness. For these reasons, the Administration supports this
legislation if the following consideration is given.
The bill would require the Forest Service to develop a
management plan within three years of enactment. We would
recommend that the bill direct the management plan be developed
after 50% of the lands within the scenic area are acquired by
the Forest Service.
This concludes my testimony. I would be glad to answer any
questions you 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 H.R. 468, as ordered
reported.