[Senate Report 104-291]
[From the U.S. Government Publishing Office]
Calendar No. 458
104th Congress Report
SENATE
2d Session 104-291
_______________________________________________________________________
PETTAQUAMSCUTT COVE NATIONAL WILDLIFE REFUGE
_______
June 25, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1871]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1871), a bill to expand the
Pettaquamscutt Cove National Wildlife Refuge, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill do pass.
General Statement
The purpose of S. 1871 is to expand the Pettaquamscutt Cove
National Wildlife Refuge in Rhode Island by approximately 100
acres. The bill also provides the Secretary of the Interior
with the authority to expand the refuge in the future through
acquisition of other properties where appropriate.
Background
The Pettaquamscutt Cove National Wildlife Refuge was
established in 1988 through enactment of Public Law 100-610 to
protect and enhance the populations of black ducks and other
waterfowl, and for other purposes. Pettaquamscutt Cove is
located between the towns of Narragansett and South Kingstown,
Rhode Island. The Refuge boundary encompasses 460 acres of salt
marsh and surrounding forest habitat that support a diversity
of species of waterfowl, wading birds, shore birds, small
mammals, reptiles and amphibians. Pettaquamscutt Cove has been
identified as the most important migration and wintering
habitat in Rhode Island for the black duck population under the
North American Waterfowl Management Plan.
The second most densely populated state, Rhode Island has
lost almost 40 percent of its original wetlands. Open space and
wetland areas, such as Pettaquamscutt Cove, are under
increasing threat of development. The Fish and Wildlife Service
has been working diligently to protect property within the
Refuge. To date, approximately 175 acres of habitat have
already been acquired by the Service for inclusion within the
Pettaquamscutt Cove National Wildlife Refuge. The Service
continues to work with private and public landowners to ensure,
through acquisition and other means, that important habitat
within the Refuge is secured for conservation purposes.
S. 1871 would authorize the acquisition of approximately
100 acres known as ``Foddering Farm Acres'' for inclusion
within the Pettaquamscutt Cove National Wildlife Refuge.
Foddering Farm Acres is located along the northern shoreline of
Point Judith Pond and includes a portion of large, unfragmented
and undeveloped tracts of shoreline habitat along the state's
southern coastal zone. The northern portion of Point Judith
Pond is part of an overall complex of tidal ponds and related
coastal habitats and provides nesting, feeding, spawning,
migration or wintering habitat for a diversity of wildlife,
including waterfowl, wading and shorebirds, terns, gulls, rails
and other wetland and upland-related wildlife species.
Foddering Farm Acres consists of a mixture of deciduous
forested upland, reverting upland shrub, and wetland in the
form of forested swamp. Species utilizing this coastal pond
site during migration and for wintering include black ducks,
mallards, pintail, teal, canvasback, and Canadian geese. The
site is also used as nesting habitat by the piping plover, a
species listed as threatened under the Endangered Species Act.
The Fish and Wildlife Service has been working
cooperatively with the property owners of Foddering Farm Acres
for a number of years. The property owners have indicated their
willingness to donate a portion of the value of the property to
the Service.
Section-by-Section Analysis
Section 1. Expansion of Pettaquamscutt Cove National Wildlife Refuge
Section 1 authorizes the Secretary of the Interior to
acquire an approximately 100-acre parcel known as the
``Foddering Farm Acres'' for inclusion within the
Pettaquamscutt Cove National Wildlife Refuge. Foddering Farm
Acres is located adjacent to Long Cove and borders on Foddering
Farm Road to the south and Point Judith Road to the east. The
boundaries of the refuge are revised to include this area.
Section 1 also authorizes the Secretary to expand the refuge
boundaries in the future through acquisition of other
properties where appropriate.
Section 2. Authorization of appropriations
Section 2 clarifies that the authorization of
appropriations applies to the expanded Pettaquamscutt Cove
refuge boundaries, pursuant to Section 1.
Section 3. Technical amendments
Section 3 makes a series of technical amendments.
Committee Action
S. 1871 was introduced on June 13, 1996 by Senator Chafee
and was referred to the Committee on Environment and Public
Works. The committee held no hearings on S. 1871. The committee
met to consider S. 1871 on June 18, 1996 and June 20, 1996. On
June 20, the committee passed an amendment in the nature of a
substitute to S. 1871, offered by Senator Chafee. By voice vote
S. 1871 was ordered to be reported to the Senate. There are no
agency reports.
Evaluation of Regulatory Impact
Section 11(b) of rule XXVI of the Standing Rules of the
Senate requires publication in the report the committee's
estimate of the regulatory impact made by the bill as reported.
No regulatory impact is expected by the passage of this bill.
The bill will not affect the personal privacy of
individuals.
Unfunded Mandates
Public Law 104-4 requires the committee to publish in its
report any unfunded mandates upon private citizens. The passage
of this legislation will cause no unfunded mandates.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment Act
requires that a statement of the cost of a reported bill,
prepared by the Congressional Budget Office, be included in the
report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 25, 1996.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 1871, a bill to expand the Pettaquamscutt Cove
National Wildlife Refuge, and for other purposes, as ordered
reported by the Senate Committee on Environment and Public
Works on June 20, 1996. The costs of implementing this bill are
uncertain and could range from zero to several million dollars,
depending on future boundary determinations for this refuge,
the types of acquisition used, and the results of property
appraisals. In any case, the potential spending would be
subject to appropriations of the necessary amounts. The bill
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply to the bill.
S. 1871 would revise the boundaries of the Pettaquamscutt
Cove National Wildlife Refuge in Rhode Island to include a
parcel of land know as the Foddering Farm Acres. The bill also
would authorize the appropriation of whatever amounts are
necessary to acquire the 100-acre site as well as any
additional property that the Secretary of the Interior
determines should be added to the refuge.
The costs of implementing this bill would depend primarily
on whether the U.S. Fish and Wildlife Service (USFWS) adds
other land besides the Foddering Farm Acres to the refuge. If
the agency acquires only that site, implementing the bill would
have no impact on Federal spending because funds have already
been appropriated for that purpose. Alternatively, if the
agency determines that other areas should be included within
the refuge, additional appropriations would be needed. CBO
cannot predict how much property might be acquired and at what
cost, or whether some would be protected through purchases of
conservation easements. Therefore, we cannot estimate the
potential cost of this bill with any precision. Based on
information provided by the agency, however, we can expect that
such costs could total several million dollars.
S. 1871 contains no intergovernmental or private-sector
mandates as defined in Public Law 104-4 and would impose no
direct costs on State, local, or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for Federal costs), and Marjorie Miller (for the State
and local impact).
Sincerely,
June E. O'Neill, Director.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman:
[Public Law 100-610, 100th Congress]
AN ACT To amend title III of the Outer Continental Shelf Lands Act
Amendments of 1978 to provide for indemnification and hold harmless
agreements
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I
SECTION I. SHORT TITLE.
This Act may be cited as the ``Outer Continental Shelf
Operations Indemnification Clarification Act of 1988''.
SEC. 2. INDEMNITY AGREEMENTS.
Section 305 of the Outer Continental Shelf Lands Act
Amendments of 1978 (43 U.S.C. 1802 et seq.) is amended by
adding at the end the following new subsection:
``(e) Any owner or operator of an offshore facility may
enter into an indemnity, hold harmless, or similar agreement
with any person holding a lease on the Outer Continental Shelf
with respect to any liability arising under this title.
Notwithstanding the provision of this subsection, any such
indemnity, hold harmless, or similar agreement shall not
relieve such owner, operator, or person from liability arising
under this title. Nothing in this subsection shall be construed
to alter or in any way affect the financial responsibility
requirements imposed under this section.''.
SEC. 3. GUARANTOR'S LIABILITY.
Section 305 of the Outer Continental Shelf Lands Act
Amendments of 1978 is amended by redesignating subsection (c)
as (c)(1) and adding a new subsection (c)(2) to read as
follows:
``(2) The total liability of any guarantor in a direct
action suit brought under this section shall be limited to the
aggregate amount of the monetary limits of the policy of
insurance, guarantee, surety bond, letter of credit, or similar
instrument obtained from the guarantor by the person subject to
liability. Nothing in this subsection shall be construed,
interpreted or applied to diminish the liability of any person
under this Act or other applicable law.''.
TITLE II--PETTAQUAMSCUTT COVE NATIONAL WILDLIFE REFUGE
SEC. 201. FINDINGS.
The Congress finds that--
(1) Pettaquamscutt Cove, [and the associated]
including the associated tidal marshes and mudflats,
[and] dividing the towns of Narragansett and South
Kingstown, Rhode Island, has been identified as the
most important black duck migration and wintering
habitat in Rhode Island, in accordance with the
objectives of the North American Waterfowl Plan;
(2) Pettaquamscutt Cove provides important migration
and wintering habitat for various other species of
waterfowl, valuable feeding habitat for shorebirds,
terns, gulls, and wading birds, and habitat for many
species of finfish and shellfish;
(3) Pettaquamscutt Cove is home to several State-
listed Rare and Uncommon animal and plant species; and
(4) designation of this area as a National Wildlife
Refuge would significantly aid in the conservation of
these fish and wildlife resources.
SEC. 202. PURPOSES.
The purposes for which the Pettaquamscutt Cove National
Wildlife Refuge is established and shall be managed include--
(1) to protect and enhance the populations of black
ducks and other waterfowl, geese, shorebirds, terns,
wading birds, and other wildlife using the refuge;
(2) to provide for the conservation and management of
fish and wildlife within the refuge;
(3) to fulfill the international treaty obligations
of the United States respecting fish and wildlife; and
(4) to provide opportunities for scientific research,
environmental education, and fish and wildlife-oriented
recreation.
SEC. 203. DEFINITIONS.
For the purposes of this [Act] title--
(1) the term ``refuge'' means the Pettaquamscutt Cove
National Wildlife Refuge;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``selection area'' means the lands and
waters of the Pettaquamscutt Watershed in the State of
Rhode Island.
SEC. 204. ESTABLISHMENT OF REFUGE.
(a)(1) Within one year after the effective date of this
[Act] title-- the Secretary shall designate approximately 600
acres of land and waters within the selection area which the
Secretary considers appropriate for the refuge.
(2) After making such designation, the Secretary shall
publish in the Federal Register, and in newspapers of local
circulation, a notice of availability of a detailed map
depicting the boundaries of the land so designated, which map
shall be on file and available for inspection in the office of
the Director of the United States Fish and Wildlife Service,
Department of the Interior, and in appropriate offices of the
United States Fish and Wildlife Service in the State of Rhode
Island.
(b) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under this section as
may be appropriate to carry out the purpose of the [Act] title
or to facilitate the acquisition of property within the refuge.
(c) Acquisition.--After determination of the boundaries of
the refuge in accordance with the provisions of subsection (a)
of this section, the Secretary is authorized to acquire the
lands and waters, or interests therein, within the boundary of
the refuge.
(d) Establishment.--The Secretary shall establish the
National Wildlife Refuge, by publication of a notice to that
effect in the Federal Register and publications of local
circulation, whenever sufficient property has been acquired
within the boundary of the refuge to constitute an area that
can be effectively managed as a National Wildlife Refuge.
(e) Expansion of Refuge.--
(1) Acquisition.--The Secretary may acquire for
addition to the refuge the area in Rhode Island known
as ``Foddering Farm Acres'', consisting of
approximately 100 areas, adjacent to Long Cove and
bordering on Foddering Farm Road to the south and Point
Judith Road to the east, as depicted on a map entitled
``Pettaquamscutt Cove NWR Expansion Area'', dated May
13, 1996, and available for inspection in appropriate
offices of the United States Fish and Wildlife Service.
(2) Boundary revision.--The boundaries of the refuge
are revised to include the area described in paragraph
(1).
(f) Future Expansion.--
(1) In general.--The Secretary may acquire for
addition to the refuge such lands, waters, and
interests in land and water as the Secretary considers
appropriate and shall adjust the boundaries of the
refuge accordingly.
(2) Applicable laws.--Any acquisition described in
paragraph (1) shall be carried out in accordance with
all applicable laws.
SEC. 205. ADMINISTRATION.
The Secretary shall administer all lands, waters, and
interests therein acquired under this [Act] title in accordance
with the provisions of the National Wildlife Refuge System
Administration Act of 1968 (16 U.S.C. 668dd-668ee). The
Secretary may utilize such additional statutory authority as
may be available to him for the conservation and development of
wildlife and natural resources, the development of recreation
opportunities, and interpretive education, as he deems
appropriate to carry out the purposes of this [Act] title.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
of the Interior--
(a) such funds as may be necessary for the
acquisition of lands and waters [designated in section
4(a)(1)] designated or identified under section 204;
and
(b) such funds as may be necessary for the
development, operation and maintenance of the refuge.
SEC. 207. EFFECTIVE DATE.
This [Act] title shall take effect on the date of its
enactment.
Approved November 5, 1988.