[House Report 106-1010]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-1010
======================================================================
TO DIRECT THE SECRETARY OF THE INTERIOR TO MAKE CERTAIN ADJUSTMENTS TO
THE BOUNDARIES OF BISCAYNE NATIONAL PARK IN THE STATE OF FLORIDA, AND
FOR OTHER PURPOSES
_______
October 26, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3033]
The Committee on Resources, to whom was referred the bill
(H.R. 3033) to direct the Secretary of the Interior to make
certain adjustments to the boundaries of Biscayne National Park
in the State of Florida, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. TRANSFER OF PROPERTY.
(a) In General.--If the State of Florida transfers all right, title,
and interest of that State in and to the submerged lands depicted for
transfer to the United States on the map entitled ``Boundary Map,
Biscayne National Park, Stiltsville'', numbered ____, and dated ____,
2000, the Secretary of the Interior shall immediately thereafter
transfer to the State of Florida, all right, title, and interest of the
United States in and to the approximately equal acres of property
depicted on that map for transfer to the State of Florida.
(b) Map and Legal Description.--The map referred to in subsection (a)
and legal descriptions of the property authorized to be transferred by
subsection (a) shall be on file and available for public inspection in
the offices of the National Park Service, Department of the Interior.
The map and legal descriptions shall have the same force and effect as
if included in this Act, except that the Secretary of the Interior may
correct clerical and typographical errors in the map and legal
descriptions.
(c) Adjustment of Park Boundaries.--Property transferred to the
United States pursuant to subsection (a) shall become, and be
administered as, part of the Biscayne National Park after such
transfer. Property transferred to the State of Florida pursuant to
subsection (a) shall not be part of the Biscayne National Park after
such transfer. As soon as practicable after such property is
transferred, the Secretary shall adjust the boundaries of the Biscayne
National Park to reflect the transfer.
PURPOSE OF THE BILL
The purpose of H.R. 3033 is to direct the Secretary of the
Interior to make certain adjustments to the boundaries of
Biscayne National Park in the State of Florida, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3033 would direct the Secretary of the Interior to
transfer an area of land to the State of Florida in exchange
for State property to be added to Biscayne National Park. The
federal land to be transferred to Florida consists of nine one-
half acre parcels of land located in the Biscayne Bay National
Park. The parcels are currently occupied with homes in an area
known as ``Stiltsville''. Stiltsville is a unique historical
and cultural community consisting of seven wood-frame houses
resting on steel reinforced pilings, hence the name
``Stiltsville''. Stiltsville is about one mile from the nearest
land and dates back to the 1930s. Stiltsville provides both
historical and cultural resources and great sense of pride for
Floridians. In fact, the State of Florida has recommended that
Stiltsville be placed on the National Register of Historic
Places. This recommendation, however, was rejected by the
federal government in March 1999.
The houses at Stiltsville are privately owned, but the land
underneath is leased by the National Park Service to the
homeowners. The houses host a number of public functions, such
as those by the Boy Scouts and church groups. In early 1999,
the National Park Service decided not to extend the leases for
the Stiltsville houses beyond July 1999. After the lease
expires the Park Service would then proceed to demolish the
structures. However, reacting to Congressional requests and a
huge public support for saving the houses, the Park Service has
extended the lease until December 31, 2000.
H.R. 3033 would address this situation by transferring the
Stiltsville properties to the State of Florida. In return,
Florida would transfer a large parcel of submerged land
(approximately 30 acres) to the federal government. H.R. 3033
would authorize the Secretary of the Interior to adjust the
boundaries of the Biscayne National Park to include the
acquired property.
COMMITTEE ACTION
H.R. 3033 was introduced by Congresswoman Ileana Ros-
Lehtinen (R-FL) on October 6, 1999. The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On May 23,
2000, the Subcommittee held a hearing on the bill. On June 22,
2000 the Subcommittee met to consider the bill. An amendment in
the nature of a substitute was offered by Congressman Joel
Hefley (R-CO). The amendment would change the boundary of
Biscayne National Park to exclude the Stiltsville structures
with no land exchange involving the State of Florida. The
amendment was adopted by voice vote. No further amendments were
offered and the bill, as amended, was then ordered favorably
reported to the Resources Committee by voice vote. On July 19,
2000, the Resources Committee met to consider the bill. An
amendment in the nature of a substitute was offered by
Congressman James V. Hansen (R-UT) which revived the land
exchange with the State of Florida. The exchange would assure
that an equal amount of acreage would be transferred to the
federal government as that removed from Biscayne National Park,
i.e., the Stiltsville area. Congressman Carlos Romero-Barcelo
(D-PR) offered a substitute amendment to the Hansen amendment
in the nature of a substitute which required the Secretary of
the Interior to review Stiltsville for listing on the National
Register of Historic Places. The Romero-Barcelo amendment
failed by voice vote. The Hansen amendment in the nature of a
substitute was adopted by voice vote. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. The Committee believes that
enacting this bill would have little cost involved and would
have minimal impact on the federal budget.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
This bill is not intended to preempt State, local, or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R. 3033 is ill-conceived legislation that poses a threat
to significant national park resources. I join with the
Administration, the conservation community, and many others in
strongly opposing this special interest measure.
Biscayne National Park is a spectacular marine environment.
These lands and waters, owned by the American public and
enjoyed by millions of people, are a national asset. Despite
this, the majority has chosen to plunder this asset by pushing
legislation that advances the interests of private parties to
the detriment of one of our great national parks.
Originally, H.R. 3033 would have carved out of the park
nine cabin sites located in an area of the park known as
``Stiltsville.'' Not content with this bow to private
interests, the majority voted in Subcommittee to delete 3900
acres of the park, including Stiltsville, that contain
significant sea grass beds, endangered manatee habitat,
protected sponge and lobster harvesting areas, submerged
cultural sites, and an important navigation access route. In
the face of a public outcry the majority redid their plan,
voting in Full Committee to instead delete more than 1000 acres
of the park in exchange for some undesirable submerged lands to
the west of the park boundary.
Not only would Biscayne National Park be losing valuable
resources and picking up undesirable lands, this new proposal
would result in a net loss to the park of more than 200 acres.
Further, one-half of the non-federal land to be exchanged is
owned by the City of Coral Gables, a fact unbeknownst to the
public and even the city itself. These errors and
miscalculations are not surprising, given the majority's
willingness to let the private interests in this legislation
wield considerable influence in developing these various
legislative incarnations.
While the National Park Service has announced plans to make
these cabin sites available to all the public, the majority
wants to maintain them for the exclusive use of a select few.
If the majority is willing to further private interests at
the expense of the public interest in our national parks, no
Federal lands are safe. H.R. 3033 is a threat to our national
parks and deserves to be defeated.
George Miller.