[Congressional Record (Bound Edition), Volume 149 (2003), Part 18]
[House]
[Pages 24345-24347]
[From the U.S. Government Publishing Office, www.gpo.gov]




   PROVIDING FOR EXPANSION OF SLEEPING BEAR DUNES NATIONAL LAKESHORE

  Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 408) to provide for expansion of Sleeping Bear Dunes 
National Lakeshore, as amended.
  The Clerk read as follows:

                                H.R. 408

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

     SECTION 1. EXPANSION OF SLEEPING BEAR DUNES NATIONAL 
                   LAKESHORE.

       (a) In General.--When title to the land described in 
     subsection (b) has vested in the United States in fee simple, 
     the boundary of Sleeping Bear Dunes National Lakeshore is 
     revised to include such land in that park.
       (b) Land Described.--The land referred to in subsection (a) 
     consists of approximately 104.45 acres of unimproved lands 
     generally depicted on National Park Service map number 634/
     80078, entitled ``Bayberry Mills, Inc. Crystal River, MI 
     Proposed Expansion Unit to Sleeping Bear Dunes National 
     Lakeshore''. The Secretary of the Interior shall keep such 
     map on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (c) Purchase of Lands Authorized.--The Secretary of the 
     Interior may acquire the land described in subsection (b), 
     only by purchase from a willing seller.
       (d) Limitation on Acquisition by Exchange or Conveyance.--
     The Secretary of the Interior may not acquire any of the land 
     described in subsection (b) through any exchange or 
     conveyance of lands that are within the boundary of the 
     Sleeping Bear Dunes National Lakeshore as of the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Cannon) and the gentleman from Washington (Mr. Inslee) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Cannon).

                              {time}  1430

  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 408 introduced by the gentleman from Michigan (Mr. 
Camp) of Michigan and amended by the Subcommittee on National Parks, 
Recreation and Public Lands, would authorize the Secretary of the 
Interior to expand the boundaries of the Sleeping Bear Dunes National 
Lakeshore by acquiring from a willing seller approximately 104.5 acres 
of land adjacent to the Lakeshore along the Crystal River.
  H.R. 408, as amended, is supported by the majority and minority of 
the subcommittee. I urge my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. INSLEE. Mr. Speaker, I yield myself such time as I may consume.
  Sleeping Bear Dunes National Lakeshore includes 64 miles of shoreline 
along the northeastern edge of Lake Michigan. I want to commend the 
gentleman from Michigan (Mr. Camp) and the gentleman from Michigan (Mr. 
Stupak) for their great work bringing before us H.R. 408, working on 
this preservation, to acquire 100 acres for eventual addition to the 
Sleeping Bear Dunes.
  I look forward to the passage of this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CANNON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Michigan (Mr. Camp), the sponsor of this legislation.
  Mr. CAMP. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise today in support of H.R. 408, a bill to provide 
for the expansion of Sleeping Bear Dunes National Lakeshore, located in 
Empire, Michigan, and along the coast of Michigan. I introduced this 
bill in January with my colleague the gentleman from Michigan (Mr. 
Stupak). This legislation represents a culmination of years of debate 
on the issue of whether or how to include certain acreage into the Park 
Service system.
  H.R. 408 would authorize the National Park Service to purchase 
approximately 104 acres of property now owned by a private resort 
community and include it within the boundaries of Sleeping Bear Dunes 
National Lakeshore.
  In the mid-eighties, The Homestead, a resort community located in 
Glen Arbor, Michigan, purchased property that included frontage on the 
Crystal River. The U.S. Fish and Wildlife Service described the 
property as ``globally rare.'' Since the purchase of the Crystal River 
property, the owners of The Homestead have sought to build a golf 
course and over 30 single-family homes. The resort's desire to build on 
the pristine acreage caused concern among a number of community 
residents and local environmental groups who opposed development of the 
property.
  To resolve the dispute, The Homestead and the Park Service began 
discussions to exchange the environmentally sensitive riverfront 
property for acreage already included in the Lakeshore. Residents and 
area environmental organizations rejected the idea of an exchange. 
Opponents argued that it would unfairly give land from one private 
landowner to another.
  In the 1970s, the Federal Government condemned private land and 
included it in the Lakeshore, one of the first cases where the Federal 
Government condemned property that was already inhabited. At the time, 
the Federal Government told the private property owners that their land 
would be protected for the public to enjoy. The idea of trading that 
land to be developed into a golf course and homes was not a policy 
local residents and environmental groups could endorse.
  After much negotiation and compromise, a solution has been reached 
that aims to benefit all stakeholders and is supported by all 
stakeholders. The agreement is embodied in H.R. 408. The bill 
stipulates that the purchase of this land be made on a ``willing 
seller'' basis. This stipulation was included intentionally to provide 
assurances to

[[Page 24346]]

The Homestead that their property will not be taken or withheld from 
them for any reason without their express consent. The bill also 
prohibits the Park Service from acquiring the property by an exchange.
  Mr. Speaker, I want to thank the House Committee on Resources, 
particularly the gentleman from California (Chairman Pombo); the 
Subcommittee on National Parks, Recreation and Public Lands chairman, 
the gentleman from California (Mr. Radanovich); and members of the 
subcommittee, the gentleman from Michigan (Mr. Kildee) and the 
gentleman from Indiana (Mr. Souder), for their outstanding support.
  I urge my colleagues to adopt this noncontroversial but important 
measure.
  Mr. INSLEE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Michigan (Mr. Stupak), who has been doing stalwart work 
for 11 years on this matter.
  Mr. STUPAK. I thank the gentleman for yielding me time.
  Mr. Speaker, H.R. 408 would accomplish the goal of allowing the 
National Park Service to acquire nearly 105 acres of land along the 
Crystal River adjacent to the Sleeping Bear Dunes National Lakeshore.
  This legislation would facilitate the preservation of this rare and 
valuable land by allowing the National Park Service to add this 
property to the Sleeping Bear Dunes National Lakeshore, and, at the 
same time, would fairly compensate Bayberry Mills, Inc., a company 
affiliated with The Homestead, a large, well-known resort, for their 
property.
  I have a particular interest in and a high degree of familiarity with 
the Sleeping Bear Dunes National Lakeshore and Bayberry Mills' property 
because for the last 10 years, it was located in my congressional 
district. It is a land of majestic beauty, and is a valuable 
environmental contribution to the area which lies along the pristine 
Crystal River.
  For more than 17 years, there has been controversy about development 
along the Crystal River. Several proposals for development by the 
property owners have met with bitter opposition by environmentalists 
and some in the local community. There have been plans to build a golf 
course and develop homesites on the property. There is also a proposal 
to swap the property for lands within Sleeping Bear Dunes National 
Lakeshore. That, too, aroused controversy.
  We must be grateful to Bayberry Mills and The Homestead for not 
developing this acreage and for their willingness to work with the 
National Park Service and our committees to preserve this land. 
However, now it is time to purchase this land and allow The Homestead 
to move on.
  Last year, I introduced legislation to allow the Federal Government 
to purchase the land for inclusion into the Sleeping Bear Dunes 
National Lakeshore. This year, the gentleman from Michigan (Mr. Camp), 
who has worked hard on this and who now represents the area, and 
Senator Levin in the other body, have introduced similar legislation, 
which I fully support and have cosponsored.
  This legislation has garnered the support of Bayberry Mills, the Park 
Service, the local community and many of those in the environmental 
community who opposed previous development plans for the property.
  Mr. Bob Kuras, President of Bayberry Mills, is to be commended for 
his willingness to complete this sale, and Congress needs to act 
quickly to take advantage of this opportunity. I truly believe that 
this legislation is the only solution to a 17-year-old dispute, and it 
is extremely important that the House and Senate act now, so we can 
have closure on this issue.
  The Park Service will benefit greatly by having the property included 
in the Lakeshore, the local communities will support this purchase, and 
Bayberry Mills will be fairly compensated for their property.
  Mr. Speaker, I thank my staff for their work on this issue over the 
past 10 years. I want to thank the gentleman from Michigan (Mr. Camp) 
and his staff for their diligent work on this legislation we are voting 
on today. None of this could happen without the support of the 
Committee on Resources, and we certainly appreciate their help and 
support in this effort. This is a win-win-win situation, and I strongly 
urge my colleagues to join us in the passage of H.R. 408.
  Mr. CANNON. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Michigan (Mrs. Miller).
  Mrs. MILLER of Michigan. Mr. Speaker, I come to the floor today to 
urge my colleagues to support H.R. 408, to provide for the expansion of 
the Sleeping Bear Sand Dunes National Lakeshore, of course in my home 
State, the great State of Michigan. I also want to thank my colleagues, 
the gentleman from Michigan (Mr. Camp) and the gentleman from Michigan 
(Mr. Stupak) for offering this legislation.
  As an avid Great Lakes sailor, I have been privileged to enjoy the 
natural beauty of our shoreline of my home State from both the land as 
well as the water. I am committed to preserving and protecting our 
lakeshore so that others can come to see the breathtaking splendor that 
we know as Michigan.
  No part of our lakeshore is more spectacular than the Sleeping Bear 
Sand Dunes. Congress established the Sleeping Bear Sand Dunes National 
Lakeshore in 1970 to preserve this national treasure along the shores 
of Lake Michigan for all time.
  For generations, Michigan citizens and tourists from around the 
Nation and the world have come to the Sleeping Bear Sand Dunes to enjoy 
the spectacular beauty of our shoreline and to enjoy the forest and the 
wildlife that this area does have to offer.
  The Sleeping Bear Dunes were actually created by the retreat of the 
glaciers from the area, and they rise 400 feet above Lake Michigan. 
They offer an incredible view of this wonderful lake, and it is 
difficult, I think, to imagine a more beautiful view anywhere in the 
Nation.
  In addition to the view offered atop the dunes, families can also 
explore beech and maple forests, beautiful meadows, wetlands lakes and 
streams. Wildlife is bountiful all over the park there. We have over 
160 different species of birds nesting in the area, as well as red fox, 
coyotes, and our Michigan white-tailed deer.
  The expansion of this park, I believe, is needed to preserve even 
more of the surrounding beach front for future generations to enjoy. 
Most people do not know that in Michigan, actually, we have 2,242 miles 
of shoreline and another 879 miles, if the islands are included as 
well. We actually have the longest shoreline, outside of Alaska. This 
actually equals the length of the Atlantic coast, if you think about 
it, from Maine to Florida. So the Great Lakes shoreline is an important 
part of our identity.
  I just want to demonstrate how important the Sleeping Bear Dunes 
actually are to the State of Michigan. This is a children's book. At 
one time it was the best-selling children's book in the entire State of 
Michigan. It tells the old Indian legend of the Sleeping Bear Dunes, 
where the mother bear and her two cubs were swimming across Lake 
Michigan, and the mother bear made it to the Sleeping Bear Dunes area, 
and the two cubs did not. They became North and South Manitou. But this 
is a wonder, wonderful children's book. It is the kind of children's 
story that we talk to our children about in Michigan when we put them 
to sleep at night.
  So, really, the Sleeping Bear Dunes is such a critical part of our 
identity in Michigan. I certainly urge my colleagues to support this 
important legislation.
  Mr. INSLEE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Michigan (Mr. Kildee).
  Mr. KILDEE. Mr. Speaker, Sleeping Bear Dunes National Lakeshore is 
indeed a treasure. Located on Michigan's western shoreline of Lake 
Michigan, it is a splendor unto itself. This is why I strongly support 
H.R. 408, introduced by my colleague and friend, the gentleman from 
Michigan (Mr. Camp).
  This bill would authorize the acquisition of approximately 105 acres 
of pristine land for addition to the Lakeshore.

[[Page 24347]]

  Since its establishment by Congress in 1970, Sleeping Bear Dunes has 
been enjoyed by many in Michigan and people from around the world. 
Thousands visit every year to experience its wonderful beaches, see its 
many wildflowers, birds and animals, and hike its trails.
  Through the hard work of former Representative James O'Hara and 
former Senator Phil Hart, we protected this beautiful land. Now, 
through the hard work of a bipartisan group of Members, including the 
gentleman from Michigan (Mr. Camp), the gentleman from Michigan (Mr. 
Stupak), the gentleman from Indiana (Mr. Souder) and myself, as well as 
Senators Levin and Stabenow over in the Senate, we have an opportunity 
to protect further these magnificent lands.
  Sleeping Bear Dunes National Lakeshore comprises roughly 64 miles of 
Lake Michigan shoreline and a combined 72,000 acres of Federal and non-
Federal land. I have visited Sleeping Bear Dunes National Lakeshore 
many times and can testify to its majesty and uniqueness.
  Acquiring this land along the Crystal River, adjacent to Sleeping 
Bear Dunes National Lakeshore, has been an ongoing struggle to help 
preserve the scenic beauty of this area. H.R. 408 represents a hard-
worked compromise between the private landowners, the National Park 
Service and many others who were involved. Its passage will be a large 
step forward in bringing this issue to a close.
  Mr. CANNON. Mr. Speaker, I yield 5 minutes to the gentleman from 
Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Speaker, first let me make it clear that I strongly 
support this legislation and also the necessary appropriations to 
follow through on the authorizing, and I think it is important we do it 
as soon as possible.
  I would first like to express on the record a concern here, and that 
is that while it is a win-win situation for all the stakeholders 
involved, I personally believe there should have been a land swap. I 
believe the land swap was a reasonable request. What this is going to 
do is cost the taxpayers money that could have been used in other 
environmental projects in other parks around the country where we are 
still trying to buy out inholdings, to pay back people who, in fact, 
are restricted in their land use.
  That said, for 17 years that has not happened. The owner is 
continuing to be deprived of his ability to use his property, and we do 
not want him to develop condominiums or housing developments along the 
beautiful Crystal River. It would destroy a very scenic area. So we 
have little choice in this area about what to do, and I believe this 
legislation will indeed compensate the owner, protect all the national 
park lands and expand the Sleeping Bear National Lakeshore.
  I do not have any constituents in this area. I am not from the State 
of Michigan. I have many people from northern Indiana, including 
myself, who go up to Sleeping Bear. But I want to make a couple other 
general comments for the other Members of our body.
  As you have heard from obviously the people from Michigan, just 
because they are pro-Michigan does not mean it is not true. This fresh 
water coast has the best dunes and the best beaches in the United 
States. I serve on the Subcommittee on National Parks, Recreation and 
Public Lands. I have traveled around this country for multiple years. 
The dunes are more spectacular, more wild and more scenic than what you 
see in Oregon, than what you see in Kitty Hawk. The beaches are more 
private and rural in ability to enjoy than you see on any of our other 
coasts, as someone who visits those coasts as well.
  This is incredibly scenic country in a very populace State. This is 
not like the Indiana Dunes Lakeshore, where we preserved an ecosystem 
right at the edge of Chicago where other cities are. This is one, 
however, that still has a number of inholdings, small towns, and, as we 
work this through, what used to be largely a series of State parks, 
like DH Day and Platte River and other State parks, has now been joined 
together, not only where the spectacular dunes are, but the ecosystem 
that is dependent on the dunes' survival, one of which is the Crystal 
River.
  This beautiful, scenic area comes in through the town of Glen Arbor 
and out by Glen Haven, as well as the Platte River coming in another 
part, and the ability for canoeists to enjoy this, the ability to keep 
the watershed and the trees preserved, so that not only do we have 
those moving dunes, the largest moving dunes in the world preserved, 
but the ecosystem that people, like I did when I was in college every 
spring, we went up and camped at Sleeping Bear, and my parents took me 
up there when I was young, so that other families can enjoy a 
wilderness in a fairly populus area of America.

                              {time}  1445

  We do not have enough, unlike the speaker from Idaho and others, we 
do not have a lot of public lands in the Midwest. We do not have a lot 
of public lands, like many of my colleagues on the Subcommittee on 
National Parks, Recreation and Public Lands, like the gentleman from 
Utah (Mr. Cannon), who are looking often at districts that range 
anywhere from 30 to 90 percent Federal public lands. In the Midwest we 
have a shortage. This is helping fill an important gap in an important 
ecosystem with animal and bird diversity, with sand dunes, with rivers; 
and it is a rare opportunity to purchase this. So I hope we not only 
authorize this, but move the appropriations soon.
  I commend the gentleman from Michigan (Mr. Camp), the gentleman from 
Michigan (Mr. Stupak), the gentleman from Michigan (Mr. Kildee), and 
the gentlewoman from Michigan (Mrs. Miller), and all of the others who 
have been involved. It has been a pleasure in preserving this important 
part of our natural and cultural heritage in the Midwest.
  Mr. INSLEE. Mr. Speaker, in conclusion, we are just glad that the 
sponsors of this have not allowed Sleeping Bear Dunes to lie. We 
appreciate their work.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CANNON. Mr. Speaker, I have no further speakers, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from Utah (Mr. Cannon) that the House suspend 
the rules and pass the bill, H.R. 408, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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