[House Report 106-1010]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                    106-1010

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TO DIRECT THE SECRETARY OF THE INTERIOR TO MAKE CERTAIN ADJUSTMENTS TO 
  THE BOUNDARIES OF BISCAYNE NATIONAL PARK IN THE STATE OF FLORIDA, AND 
  FOR OTHER PURPOSES

                                _______
                                

October 26, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3033]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3033) to direct the Secretary of the Interior to make 
certain adjustments to the boundaries of Biscayne National Park 
in the State of Florida, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. TRANSFER OF PROPERTY.

  (a) In General.--If the State of Florida transfers all right, title, 
and interest of that State in and to the submerged lands depicted for 
transfer to the United States on the map entitled ``Boundary Map, 
Biscayne National Park, Stiltsville'', numbered ____, and dated ____, 
2000, the Secretary of the Interior shall immediately thereafter 
transfer to the State of Florida, all right, title, and interest of the 
United States in and to the approximately equal acres of property 
depicted on that map for transfer to the State of Florida.
  (b) Map and Legal Description.--The map referred to in subsection (a) 
and legal descriptions of the property authorized to be transferred by 
subsection (a) shall be on file and available for public inspection in 
the offices of the National Park Service, Department of the Interior. 
The map and legal descriptions shall have the same force and effect as 
if included in this Act, except that the Secretary of the Interior may 
correct clerical and typographical errors in the map and legal 
descriptions.
  (c) Adjustment of Park Boundaries.--Property transferred to the 
United States pursuant to subsection (a) shall become, and be 
administered as, part of the Biscayne National Park after such 
transfer. Property transferred to the State of Florida pursuant to 
subsection (a) shall not be part of the Biscayne National Park after 
such transfer. As soon as practicable after such property is 
transferred, the Secretary shall adjust the boundaries of the Biscayne 
National Park to reflect the transfer.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3033 is to direct the Secretary of the 
Interior to make certain adjustments to the boundaries of 
Biscayne National Park in the State of Florida, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3033 would direct the Secretary of the Interior to 
transfer an area of land to the State of Florida in exchange 
for State property to be added to Biscayne National Park. The 
federal land to be transferred to Florida consists of nine one-
half acre parcels of land located in the Biscayne Bay National 
Park. The parcels are currently occupied with homes in an area 
known as ``Stiltsville''. Stiltsville is a unique historical 
and cultural community consisting of seven wood-frame houses 
resting on steel reinforced pilings, hence the name 
``Stiltsville''. Stiltsville is about one mile from the nearest 
land and dates back to the 1930s. Stiltsville provides both 
historical and cultural resources and great sense of pride for 
Floridians. In fact, the State of Florida has recommended that 
Stiltsville be placed on the National Register of Historic 
Places. This recommendation, however, was rejected by the 
federal government in March 1999.
    The houses at Stiltsville are privately owned, but the land 
underneath is leased by the National Park Service to the 
homeowners. The houses host a number of public functions, such 
as those by the Boy Scouts and church groups. In early 1999, 
the National Park Service decided not to extend the leases for 
the Stiltsville houses beyond July 1999. After the lease 
expires the Park Service would then proceed to demolish the 
structures. However, reacting to Congressional requests and a 
huge public support for saving the houses, the Park Service has 
extended the lease until December 31, 2000.
    H.R. 3033 would address this situation by transferring the 
Stiltsville properties to the State of Florida. In return, 
Florida would transfer a large parcel of submerged land 
(approximately 30 acres) to the federal government. H.R. 3033 
would authorize the Secretary of the Interior to adjust the 
boundaries of the Biscayne National Park to include the 
acquired property.

                            COMMITTEE ACTION

    H.R. 3033 was introduced by Congresswoman Ileana Ros-
Lehtinen (R-FL) on October 6, 1999. The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On May 23, 
2000, the Subcommittee held a hearing on the bill. On June 22, 
2000 the Subcommittee met to consider the bill. An amendment in 
the nature of a substitute was offered by Congressman Joel 
Hefley (R-CO). The amendment would change the boundary of 
Biscayne National Park to exclude the Stiltsville structures 
with no land exchange involving the State of Florida. The 
amendment was adopted by voice vote. No further amendments were 
offered and the bill, as amended, was then ordered favorably 
reported to the Resources Committee by voice vote. On July 19, 
2000, the Resources Committee met to consider the bill. An 
amendment in the nature of a substitute was offered by 
Congressman James V. Hansen (R-UT) which revived the land 
exchange with the State of Florida. The exchange would assure 
that an equal amount of acreage would be transferred to the 
federal government as that removed from Biscayne National Park, 
i.e., the Stiltsville area. Congressman Carlos Romero-Barcelo 
(D-PR) offered a substitute amendment to the Hansen amendment 
in the nature of a substitute which required the Secretary of 
the Interior to review Stiltsville for listing on the National 
Register of Historic Places. The Romero-Barcelo amendment 
failed by voice vote. The Hansen amendment in the nature of a 
substitute was adopted by voice vote. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. The Committee believes that 
enacting this bill would have little cost involved and would 
have minimal impact on the federal budget.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

    H.R. 3033 is ill-conceived legislation that poses a threat 
to significant national park resources. I join with the 
Administration, the conservation community, and many others in 
strongly opposing this special interest measure.
    Biscayne National Park is a spectacular marine environment. 
These lands and waters, owned by the American public and 
enjoyed by millions of people, are a national asset. Despite 
this, the majority has chosen to plunder this asset by pushing 
legislation that advances the interests of private parties to 
the detriment of one of our great national parks.
    Originally, H.R. 3033 would have carved out of the park 
nine cabin sites located in an area of the park known as 
``Stiltsville.'' Not content with this bow to private 
interests, the majority voted in Subcommittee to delete 3900 
acres of the park, including Stiltsville, that contain 
significant sea grass beds, endangered manatee habitat, 
protected sponge and lobster harvesting areas, submerged 
cultural sites, and an important navigation access route. In 
the face of a public outcry the majority redid their plan, 
voting in Full Committee to instead delete more than 1000 acres 
of the park in exchange for some undesirable submerged lands to 
the west of the park boundary.
    Not only would Biscayne National Park be losing valuable 
resources and picking up undesirable lands, this new proposal 
would result in a net loss to the park of more than 200 acres. 
Further, one-half of the non-federal land to be exchanged is 
owned by the City of Coral Gables, a fact unbeknownst to the 
public and even the city itself. These errors and 
miscalculations are not surprising, given the majority's 
willingness to let the private interests in this legislation 
wield considerable influence in developing these various 
legislative incarnations.
    While the National Park Service has announced plans to make 
these cabin sites available to all the public, the majority 
wants to maintain them for the exclusive use of a select few.
    If the majority is willing to further private interests at 
the expense of the public interest in our national parks, no 
Federal lands are safe. H.R. 3033 is a threat to our national 
parks and deserves to be defeated.

                                                     George Miller.

                                  
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