[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1313 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1313

  To establish the Congaree Swamp National Park in the State of South 
                   Carolina, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2003

 Mr. Hollings introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Congaree Swamp National Park in the State of South 
                   Carolina, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congaree National Park Act of 
2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Congaree Swamp National Monument, consisting of 22,200 
        acres, was established in 1976 to preserve the finest remaining 
        example of an old-growth southern hardwood forest in North 
        America;
            (2) Congaree Swamp contains a variety of rare ecological, 
        geological, archaeological, scenic, historical, and wildlife 
        components, including--
                    (A) the largest remaining tract of old-growth 
                bottomland hardwood forest in the United States, the 
                remnant of an ecosystem that once covered more than 
                24,000,000 acres of river bottom from Maryland to 
                Texas;
                    (B) extensive stands of old-growth bottomland 
                hardwoods and rare examples of the globally endangered 
                longleaf pine forest;
                    (C) important habitat for more than 700 species of 
                plants, 173 species of birds, 51 kinds of reptiles and 
                amphibians, and 53 species of fish (including rare, 
                threatened, and endangered species), and 10 species of 
                rare plants; and
                    (D) a natural setting of national and international 
                significance;
            (3) the Monument--
                    (A) provides opportunities for educational and 
                recreational activities and research; and
                    (B) is used for hiking, camping, fishing, and 
                unconfined wilderness experiences (including 
                opportunities for solitude);
            (4) certain private land adjacent to the Monument--
                    (A) has been determined by the State of South 
                Carolina to contain outstanding recreational areas and 
                wildlife habitat;
                    (B) provides essential habitat for declining 
                species of fish, wildlife, and plants, including 
                colonial waterbirds and neotropical migratory 
                songbirds; and
                    (C) contains a variety of archaeological and 
                historical resources dating from 10,000 years ago to 
                the 19th century;
            (5) the Monument and adjacent private land contain cultural 
        resources important for interpreting life during the Colonial 
        and Antebellum periods, including Buycke's levee, which--
                    (A) served as a cattle mound and a refuge for 
                livestock; and
                    (B) has a doughnut-shaped construction, making it 
                the only example of that type of construction known to 
                exist; and
            (6) land in and adjacent to the Monument is recognized--
                    (A) as playing an important role in the history of 
                the United States from the explorations of Hernando de 
                Soto to the fall of Columbia, South Carolina in the 
                Civil War;
                    (B) for offering natural, ecological, wildlife, 
                cultural, scenic, historic, wilderness, and 
                recreational resources; and
                    (C) as being a fragile and irreplaceable ecological 
                system that could be destroyed if not carefully 
                protected.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand the boundary of the Monument by approximately 
        4,576 acres and redesignate the Monument as a national park 
        to--
                    (A) protect and interpret an intact bottomland 
                hardwood ecosystem;
                    (B) promote the recovery of longleaf pine in upland 
                habitats;
                    (C) restore ecological functions; and
                    (D) protect native populations of fish, wildlife, 
                and plants;
            (2) to protect and interpret the site of McCord's Ferry and 
        other cultural features that illustrate the evolving 
        agricultural and commercial practices in the South during the 
        Colonial and Antebellum periods; and
            (3) to provide opportunities for scientific research and to 
        enhance visitor opportunities at the Monument.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled 
        ``Congaree National Park Boundary Map'', numbered 178/80015, 
        and dated April 2003.
            (2) Park.--The term ``Park'' means the Congaree National 
        Park established by section 4(a).
            (3) Plan.--The term ``plan'' means the general management 
        plan developed under section 5(b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of South 
        Carolina.

SEC. 4. ESTABLISHMENT OF CONGAREE NATIONAL PARK.

    (a) Establishment.--There is established in the State the Congaree 
National Park.
    (b) Composition.--The Park shall be composed of--
            (1) the Congaree Swamp National Monument; and
            (2) approximately 4,576 acres of land adjacent to the 
        Congaree Swamp National Monument, as depicted on the map.
    (c) Boundary Survey.--As soon as practicable after the date of 
enactment of this Act and subject to the availability of funds, the 
Secretary shall complete an official survey of the Park.
    (d) Map and Legal Description.--
            (1) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.
            (2) Submission to congress.--As soon as practicable after 
        the date of enactment of this Act, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Resources of the House of Representatives 
        the map and a legal description of the Park.
            (3) Effect.--The map and legal description shall have the 
        same force and effect as if included in this Act, except that 
        the Secretary may correct any errors in the map or legal 
        description.
    (e) Acquisition of Land.--The Secretary may acquire by donation, 
purchase from a willing seller with donated or appropriated funds, 
transfer, or exchange, land or an interest in land for inclusion in the 
Park.
    (f) Boundary Revision.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may make minor revisions to the boundary of the Park by 
        publishing in the Federal Register a revised map or boundary 
        description.
            (2) Limitation.--The total area of the Park shall not 
        exceed 30,000 acres.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Park in 
accordance with this Act and the laws generally applicable to units of 
the National Park System, including--
            (1) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and
            (2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
    (b) General Management Plan.--
            (1) In general.--Not later than the end of the third fiscal 
        year after the date on which funds are made available to carry 
        out this Act, the Secretary shall prepare a general management 
        plan for the Park.
            (2) Inclusions.--The plan shall include a recommendation on 
        whether the boundary of the Congaree National Park Wilderness 
        should be expanded.
            (3) Applicable law.--The Secretary shall prepare the plan 
        in accordance with--
                    (A) section 12(b) of the Act of August 18, 1970 (16 
                U.S.C. 1a-7(b)); and
                    (B) any other applicable law.
            (4) Submission to congress.--On completion of the plan, the 
        Secretary shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Resources of the 
        House of Representatives the plan.
    (c) Fishing.--
            (1) In general.--The Secretary shall permit sport fishing 
        on land and water within the Park in accordance with applicable 
        Federal and State laws.
            (2) Limitations.--
                    (A) Regulations.--The Secretary may designate by 
                regulation areas in which, and periods during which, no 
                fishing shall be permitted for reasons of public 
                safety, administration, fish or wildlife management, or 
                public use and enjoyment of the Park.
                    (B) Consultation.--Except in an emergency, the 
                Secretary shall consult with the appropriate State 
                agency before promulgating regulations under 
                subparagraph (A).

SEC. 6. DESIGNATION OF CONGAREE NATIONAL PARK WILDERNESS.

    (a) In General.--The Congaree Swamp National Monument Wilderness in 
the State shall be designated as the ``Congaree National Park 
Wilderness''.
    (b) References.--Any reference to the Congaree Swamp National 
Monument Wilderness in a law (including regulations), map, document, 
paper, or other record of the United States shall be considered to be a 
reference to the Congaree National Park Wilderness.

SEC. 7. EFFECT.

    Nothing in this Act--
            (1) affects the use of private land adjacent to the Park; 
        or
            (2) preempts the authority of the State with respect to the 
        regulation of hunting, fishing, boating, and wildlife 
        management on private land or water outside the boundaries of 
        the Park.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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