[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.

                                
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