[Senate Report 110-288]
[From the U.S. Government Publishing Office]
Calendar No. 640
110th Congress Report
SENATE
2d Session 110-288
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JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA ACT OF 2008
_______
April 10, 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. 1143]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1143) to designate the Jupiter Inlet
Lighthouse and the surrounding Federal land in the State of
Florida as an Outstanding Natural Area and as a unit of the
National Landscape System, and for other purposes having
considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jupiter Inlet Lighthouse Outstanding
Natural Area Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(2) Lighthouse.--The term ``Lighthouse'' means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local partners.--The term ``Local Partners'' includes--
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan.--The term ``management plan'' means the
management plan developed under section 4(a).
(5) Map.--The term ``map'' means the map entitled ``Jupiter
Inlet Lighthouse Outstanding Natural Area'' and dated October
29, 2007.
(6) Outstanding natural area.--The term ``Outstanding Natural
Area'' means the Jupiter Inlet Lighthouse Outstanding Natural
Area established by section 3(a).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e)).
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) State.--The term ``State'' means the State of Florida.
SEC. 3. ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING
NATURAL AREA.
(a) Establishment.--Subject to valid existing rights, there is
established for the purposes described in subsection (b) the Jupiter
Inlet Lighthouse Outstanding Natural Area, the boundaries of which are
depicted on the map.
(b) Purposes.--The purposes of the Outstanding Natural Area are to
protect, conserve, and enhance the unique and nationally important
historic, natural, cultural, scientific, educational, scenic, and
recreational values of the Federal land surrounding the Lighthouse for
the benefit of present generations and future generations of people in
the United States, while--
(1) allowing certain recreational and research activities to
continue in the Outstanding Natural Area; and
(2) ensuring that Coast Guard operations and activities are
unimpeded within the boundaries of the Outstanding Natural
Area.
(c) Availability of Map.--The map shall be on file and available for
public inspection in appropriate offices of the Bureau of Land
Management.
(d) Withdrawal.--
(1) In general.--Subject to valid existing rights, section 6,
and any existing withdrawals under the Executive orders and
public land order described in paragraph (2), the Federal land
and any interests in the Federal land included in the
Outstanding Natural Area are withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing and geothermal
leasing laws and the mineral materials laws.
(2) Description of executive orders.--The Executive orders
and public land order described in paragraph (1) are--
(A) the Executive Order dated October 22, 1854;
(B) Executive Order No. 4254 (June 12, 1925); and
(C) Public Land Order No. 7202 (61 Fed. Reg. 29758).
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the Commandant, shall
develop a comprehensive management plan in accordance with section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712)
to--
(1) provide long-term management guidance for the public land
in the Outstanding Natural Area; and
(2) ensure that the Outstanding Natural Area fulfills the
purposes for which the Outstanding Natural Area is established.
(b) Consultation; Public Participation.--The management plan shall be
developed--
(1) in consultation with appropriate Federal, State, county,
and local government agencies, the Commandant, the Local
Partners, and other partners; and
(2) in a manner that ensures full public participation.
(c) Existing Plans.--The management plan shall, to the maximum extent
practicable, be consistent with existing resource plans, policies, and
programs.
(d) Inclusions.--The management plan shall include--
(1) objectives and provisions to ensure--
(A) the protection and conservation of the resource
values of the Outstanding Natural Area; and
(B) the restoration of native plant communities and
estuaries in the Outstanding Natural Area, with an
emphasis on the conservation and enhancement of
healthy, functioning ecological systems in perpetuity;
(2) objectives and provisions to maintain or recreate
historic structures;
(3) an implementation plan for a program of interpretation
and public education about the natural and cultural resources
of the Lighthouse, the public land surrounding the Lighthouse,
and associated structures;
(4) a proposal for administrative and public facilities to be
developed or improved that--
(A) are compatible with achieving the resource
objectives for the Outstanding Natural Area described
in section 5(a)(1)(B); and
(B) would accommodate visitors to the Outstanding
Natural Area;
(5) natural and cultural resource management strategies for
the Outstanding Natural Area, to be developed in consultation
with appropriate departments of the State, the Local Partners,
and the Commandant, with an emphasis on resource conservation
in the Outstanding Natural Area and the interpretive,
educational, and long-term scientific uses of the resources;
and
(6) recreational use strategies for the Outstanding Natural
Area, to be prepared in consultation with the Local Partners,
appropriate departments of the State, and the Coast Guard, with
an emphasis on passive recreation.
(e) Interim Plan.--Until a management plan is adopted for the
Outstanding Natural Area, the Jupiter Inlet Coordinated Resource
Management Plan (including any updates or amendments to the Jupiter
Inlet Coordinated Resource Management Plan) shall be in effect.
SEC. 5. MANAGEMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL
AREA.
(a) Management.--
(1) In general.--The Secretary, in consultation with the
Local Partners and the Commandant, shall manage the Outstanding
Natural Area--
(A) as part of the National Landscape Conservation
System; and
(B) in a manner that conserves, protects, and
enhances the unique and nationally important
historical, natural, cultural, scientific, educational,
scenic, and recreational values of the Outstanding
Natural Area, including an emphasis on the restoration
of native ecological systems.
(2) Limitation.--In managing the Outstanding Natural Area,
the Secretary shall not take any action that precludes,
prohibits, or otherwise affects the conduct of ongoing or
future Coast Guard operations or activities on lots 16 and 18,
as depicted on the map.
(b) Uses.--Subject to valid existing rights and section 6, the
Secretary shall only allow uses of the Outstanding Natural Area that
the Secretary, in consultation with the Commandant and Local Partners,
determines would likely further--
(1) the purposes for which the Outstanding Natural Area is
established;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable laws.
(c) Cooperative Agreements.--To facilitate implementation of the
management plan and to continue the successful partnerships with local
communities and other partners, the Secretary may, in accordance with
section 307(b) of the Federal Land Management Policy and Management Act
of 1976 (43 U.S.C. 1737(b)), enter into cooperative agreements with the
appropriate Federal, State, county, other local government agencies,
and other partners (including the Loxahatchee River Historical Society)
for the long-term management of the Outstanding Natural Area
(d) Research Activities.--To continue successful research
partnerships, pursue future research partnerships, and assist in the
development and implementation of the management plan, the Secretary
may, in accordance with section 307(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1737(a)), authorize the conduct of
appropriate research activities in the Outstanding Natural Area for the
purposes described in section 3(b).
(e) Acquisition of Land.--
(1) In general.--Subject to paragraph (2), the Secretary may
acquire for inclusion in the Outstanding Natural Area any State
or private land or any interest in State or private land that
is--
(A) adjacent to the Outstanding Natural Area; and
(B) identified in the management plan as appropriate
for acquisition.
(2) Means of acquisition.--Land or an interest in land may be
acquired under paragraph (1) only by donation, exchange, or
purchase from a willing seller with donated or appropriated
funds.
(3) Additions to the outstanding natural area.--Any land or
interest in land adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act under paragraph (1) shall be added to, and
administered as part of, the Outstanding Natural Area.
(f) Law Enforcement Activities.--Nothing in this Act, the management
plan, or the Jupiter Inlet Coordinated Resource Management Plan
(including any updates or amendments to the Jupiter Inlet Coordinated
Resource Management Plan) precludes, prohibits, or otherwise affects--
(1) any maritime security, maritime safety, or environmental
protection mission or activity of the Coast Guard;
(2) any border security operation or law enforcement activity
by the Department of Homeland Security or the Department of
Justice; or
(3) any law enforcement activity of any Federal, State, or
local law enforcement agency in the Outstanding Natural Area.
(g) Future Disposition of Coast Guard Facilities.--If the Commandant
determines, after the date of enactment of this Act, that Coast Guard
facilities within the Outstanding Natural Area exceed the needs of the
Coast Guard, the Commandant may relinquish the facilities to the
Secretary without removal, subject only to any environmental
remediation that may be required by law.
SEC. 6. EFFECT ON ONGOING AND FUTURE COAST GUARD OPERATIONS.
Nothing in this Act, the management plan, or the Jupiter Inlet
Coordinated Resource Management Plan (including updates or amendments
to the Jupiter Inlet Coordinated Resource Management Plan) precludes,
prohibits, or otherwise affects ongoing or future Coast Guard
operations or activities in the Outstanding Natural Area, including--
(1) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on lot 16;
(2) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance
of, and, as may be necessitated for Coast Guard missions, the
expansion, enhancement, or replacement of, the pier on lot 18;
(4) the existing lease of the Jupiter Inlet Lighthouse on lot
18 from the Coast Guard to the Loxahatchee River Historical
Society; or
(5) any easements or other less-than-fee interests in
property appurtenant to existing Coast Guard facilities on lots
16 and 18.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
2. Amend the title so as to read: ``A bill to designate the
Jupiter Inlet Lighthouse and the surrounding Federal land in
the State of Florida as an Outstanding Natural Area and as a
unit of the National Landscape Conservation System, and for
other purposes.''.
PURPOSE
The purpose of S. 1143 is to designate the Jupiter Inlet
Lighthouse Outstanding Natural Area in Florida, to be
administered by the Bureau of Land Management.
BACKGROUND AND NEED
The Jupiter Inlet Lighthouse, located in southern Florida,
was completed and first lit in 1860. It is the oldest existing
structure in Palm Beach County. The Lighthouse stands on an
ancient Indian shell mound, dated around 700 AD, and is 156
feet tall with 105 steps from the base to the top. The
lighthouse was designed by George Meade, at the time a
Lieutenant at the Bureau of Topographical Engineers, who during
the Civil War was a General in the Union Army, best known for
his role in the Battle of Gettysburg.
The lighthouse is still used today as an active aid to
navigation, administered by the U.S. Coast Guard. The
Loxahatchee River Historical Society manages portions of the
site and conducts tours of the lighthouse, and the town of
Jupiter, Florida, manages an adjacent 18-acre public park.
S. 1143 would designate the lighthouse and 126 acres of
land as an Outstanding Natural Area, part of the Bureau of Land
Management's National Landscape Conservation System. The BLM
currently manages 62 acres at the site and will acquire an
additional 23 acres from the Coast Guard, although the
lighthouse itself is not on BLM-administered lands.
LEGISLATIVE HISTORY
S. 1143 was introduced by Senator Nelson on April 18, 2007.
Senator Martinez is a cosponsor. The Subcommittee on Public
Lands and Forests held a hearing on S. 1143 on September 20,
2007. (S. Hrg. 110-216.) At its business meeting on January 30,
2008, the Committee on Energy and Natural Resources ordered S.
1143 favorably reported with an amendment in the nature of a
substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1143, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1143, the Committee adopted
an amendment in the nature of a substitute. The amendment
deleted the findings, updated the map reference, and made other
clarifying and conforming changes. The amendment is described
in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Jupiter Inlet
Lighthouse Outstanding Natural Area Act of 2008.
Section 2 defines key terms used in the bill.
Section 3(a) establishes the Jupiter Inlet Lighthouse
Outstanding Natural Area, subject to valid existing rights, as
depicted on the referenced map.
Subsection (b) states that the purposes of the Outstanding
Natural Area are to protect, conserve, and enhance the unique
and nationally important historic, natural, cultural,
scientific, educational, scenic, and recreational values of the
Federal land surrounding the lighthouse for the benefit of
present and future generations, while allowing certain
recreational and research activities to continue, and while
ensuring that Coast Guard operations and activities remain
unimpeded within the boundaries of the Outstanding Natural
Area.
Subsection (c) requires the map to be on file and available
for public inspection in appropriate offices of the Bureau of
Land Management.
Subsection (d) withdraws the Federal lands and interests
therein within the boundary of the Outstanding Natural Area
from the public land laws, the mining laws, and the mineral
leasing, geothermal leasing, and mineral materials laws.
Section 4(a) requires the Secretary of the Interior, in
consultation with the Commandant of the Coast Guard, to develop
a comprehensive management plan for the Outstanding Natural
Area in accordance with section 202 of the Federal Land Policy
and Management Act of 1976 (FLPMA) (43 U.S.C. 1712).
Subsection (b) requires that the management plan be
developed in a manner that ensures full public participation,
and in consultation with appropriate Federal, State, and local
governmental agencies, including the Coast Guard.
Subsection (c) provides that the management plan shall, to
the maximum extent practicable, shall be consistent with
existing resource plans, policies, and programs.
Subsection (d) lists specific provisions that are to be
included in the management plan.
Subsection (e) states that the Outstanding Natural Area
shall be managed in accordance with the existing Jupiter Inlet
Coordinated Resource Management Plan (including updates or
amendments) until the new management plan is adopted.
Section 5(a) directs the Secretary of the Interior, in
consultation with the local partners and the Commandant of the
Coast Guard, to manage the Outstanding Natural Area as part of
the National Landscape Conservation System and in a manner that
conserves, protects, and enhances the unique and nationally
important values of the area, including an emphasis on the
restoration of native ecological systems.
Subsection (b) states that the Secretary shall only allow
uses of the Outstanding Natural Area that the Secretary (in
consultation with the Coast Guard and local partners)
determines would likely further the purposes for which the
Outstanding Area is established, and in accordance with FLPMA
and other applicable laws.
Subsection (c) authorizes the Secretary to enter into
cooperative agreements with appropriate Federal, State, and
local governmental entities and other local partners to
facilitate implementation of the management plan and to
continue successful partnerships with local communities.
Subsection (d) provides that the Secretary may authorize
appropriate research activities in the Outstanding Natural Area
in accordance with section 307(a) of FLPMA (43 U.S.C. 1737(a)).
Subsection (e) authorizes the Secretary to acquire land
from willing sellers within the boundary of the Outstanding
Natural Area.
Subsection (f) contains savings language clarifying that
nothing in this Act or the management plan precludes,
prohibits, or otherwise affects Coast Guard security and safety
activities, Department of Justice and Department of Homeland
Security border security operations, or any other law
enforcement activities within the boundaries of the Outstanding
Natural Area.
Subsection (g) provides that if the Commandant of the Coast
Guard determines that Coast Guard facilities within the
Outstanding Natural Area are excess to the needs of the Coast
Guard, the Commandant may relinquish the facilities to the
Secretary, subject only to any environmental remediation that
may be required by law.
Section 6 makes clear that nothing in this Act or the
management plan precludes, prohibits, or otherwise affects
ongoing or future Coast Guard operations within the Outstanding
Natural Area.
Section 7 authorizes the appropriation of such sums as are
necessary to carry out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1143--Jupiter Inlet Lighthouse Outstanding Natural Area Act of 2008
S. 1143 would designate 126 acres in Florida as an
Outstanding Natural Area and would require the Bureau of Land
Management (BLM) to develop a plan to manage the area. CBO
estimates that implementing S. 1143 would have no significant
impact on the federal budget and would not affect direct
spending or revenues.
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, or tribal governments.
S. 1143 would designate the lighthouse at the inlet in
Jupiter, Florida, and the 126 acres of land surrounding that
lighthouse as an Outstanding Natural Area, reserving the area
for conservation, public education, and habitat restoration.
The land is already under federal management and the bill would
require BLM, in conjunction with the Coast Guard, to update a
management plan within three years. According to BLM, the bill
would not require the agency to acquire any land or to hire any
additional staff, thus, CBO estimates that implementing S. 1143
would have no significant impact on the federal budget.
On February 26, 2008, CBO transmitted a cost estimate for
H.R. 1922 as ordered reported by the House Committee on Natural
Resources on February 13, 2008. The two versions of the
legislation are similar, and the cost estimates are the same.
The CBO staff contact for this estimate is Sarah Puro. This
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. 1143. 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. 1143, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1143, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management at
the September 20, 2007 hearing on S. 1143 follows:
Statement of Michael Nedd, Assistant Director, Mineral, Realty &
Resource Protection, Bureau of Land Management
Thank you for inviting me to testify on S. 1143, the
Jupiter Inlet Lighthouse Outstanding Natural Area Act. The Act
would designate the 126 acres, including Jupiter Inlet
Lighthouse and the surrounding area, as an Outstanding Natural
Area (ONA) within the Bureau of Land Management's (BLM)
National Landscape Conservation System (NLCS). The Department
supports S. 1143.
background
The 126-acre site proposed for designation as the Jupiter
Inlet Lighthouse Outstanding Natural Area is an oasis of green
in highly urbanized Palm Beach County, Florida and straddles
the borders of the Village of Tequesta and the Town of Jupiter.
The lighthouse, which stands 156 feet above the surrounding
coastline, is the oldest existing structure in Palm Beach
County, dating from 1860. The lighthouse continues as an active
United States Coast Guard aid to maritime navigation. The
Loxahatchee River Historical Society manages portions of the
site through a license and conducts popular tours of the
lighthouse. On the remaining southern portion of the tract, the
Town of Jupiter manages intensive recreation on an 18-acre
public park.
Aside from the natural significance of this site, the
dynamic partnerships of the Jupiter Working Group and
collaborative relationships make this site quite unique. The
management of the 126 acres rests with six separate entities,
BLM, U.S. Coast Guard, Palm Beach County, Town of Jupiter,
Village of Tequesta, and Loxahatchee River Historical Society.
These entities currently work cooperatively through BLM's
Jupiter Inlet Coordinated Resource Management Plan (CRMP) and
the Jupiter Inlet Working Group (working group) to manage the
area as a harmonized unit. For example, Palm Beach County's
Department of Environmental Resources Management has partnered
directly with BLM on habitat improvements, providing matching
funds and labor for virtually all habitat-related projects. One
activity was the restoration of significant scrub and wetland
communities within the area. Emphasis was placed on habitat
improvements for the 18 special status species found within the
area, including the removal of thousands of exotic trees and
shrubs along with replanting of native vegetation. This work
has significantly improved the habitat for scrub jays, gopher
tortoises and federally endangered plant species. The working
group combined resources to build an award-winning tidal lagoon
and wetland connected to the Indian River Lagoon, which is one
of the most diverse estuaries in the country. Among the many
tools used to improve the habitat are successful prescribed
burns, which reduced fuel loads on this urban tract.
The community involvement at Jupiter Inlet Lighthouse goes
beyond the governmental agencies. For example, the Loxahatchee
River Historical Society actively manages the Jupiter Inlet
Lighthouse and grounds, and provides interpretive tours to tens
of thousands of visitors each year. They have procured grants
and worked with the Town of Jupiter to complete nearly one
million dollars in restoration of the Jupiter Inlet Lighthouse,
as well as complete the renovation of a WWII vintage building
that now houses the museum. Additionally, the Jupiter High
School Environmental Resources and Field Studies Academy has
donated thousands of hours of hands-on restoration work within
the proposed ONA.
s. 1143
S. 1143 seeks to build on the many successful partnerships
already in place by designating the 126-acre site as the
Jupiter Inlet Lighthouse Outstanding Natural Area within the
BLM's NLCS. The bill follows in the footsteps of the Yaquina
Head Outstanding Natural Area along the Oregon coast
established by Congress in 1980. In order to safeguard the
buildings and public lands surrounding the Jupiter Inlet
Lighthouse, the bill provides protections for the area while
encouraging and enabling active community support and
involvement.
The Department would like the opportunity to work with
Senator Nelson and the committee on some technical amendments
including a correct map reference and other minor issues.
Thank you for the opportunity to testify in support of S.
1143. I will be happy to answer any questions.
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. 1143, as
ordered reported.