[Senate Report 106-331]
[From the U.S. Government Publishing Office]
Calendar No. 665
106th Congress Report
SENATE
2d Session 106-331
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FORT MATANZAS NATIONAL MONUMENT
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July 10, 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1670]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1670) to revise the boundary of Fort
Matanzas National Monument, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
purpose of the measure
The purpose of S. 1670 is to expand the boundary of Fort
Matanzas National Monument in the State of Florida by
approximately 70 acres.
background and need
Fort Matanzas National Monument was established by
Presidential Proclamation in 1924 under the authorities of the
Antiquities Act. S. 1670 would adjust the boundary of Fort
Matanzas National Monument by approximately 70 acres. Two
tracts of land, which are currently adjacent to the Monument's
boundary, were donated to the United States in 1963 and 1965.
No legislative authority existed at the time to include these
tracts within the Monument's boundary, nor has any effort been
made since that time to do so.
The third tract of land was intended to be donated to the
Monument in the 1920's but was erroneously omitted from the
legal description of a larger parcel of donated land. This 1.6
acre tract has been managed as part of the Monument, and
despite the fact that the United States does not hold title to
the tract, the tax assessor in St. John's County, Florida,
regards it as Federal property. The National Park Service would
seek to clear title to the tract once it is included within the
Monument's boundary.
S. 1670 would include the three tracts within the boundary
of Fort Matanzas National Monument.
legislative history
S. 1670 was introduced by Senator Graham on September 30,
1999. The Subcommittee on National Parks, Historic
Preservation, and Recreation held a hearing on S. 1670 on May
11, 2000. At its business meeting on June 7, 2000, the
Committee on Energy and Natural Resources ordered S. 1670
favorably reported.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on June 7, 2000, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 1670 as
described herein.
section-by-section analysis
Section 1 defines the term ``Map'' as the map entitled
``Fort Matanzas National Monument'', numbered 348/80,004 and
dated February, 1991; the term ``Monument'' as Fort Matanzas
National Monument in Florida, and; the term ``Secretary'' as
the Secretary of the Interior.
Section 2 revises the boundary of Fort Matanzas National
Monument in the State of Florida by adding land totaling
approximately 70 acres, as depicted on the Map.
Section 3 authorizes the Secretary to acquire the lands by
donation, purchase, transfer or exchange.
Section 4 directs the Secretary to administer the lands
described in section 2 as part of Fort Matanzas National
Monument, subject to applicable laws.
Section 5 authorizes appropriations necessary to carry out
the Act.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 2000.
Hon. Frank H. Murkowkski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1670, a bill to
revise the boundary of Fort Matanzas National Monument, and for
other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
S. 1670--A bill to revise the boundary of Fort Matanzas National
Monument, and for other purposes
S. 1670 would expand the boundary of Fort Matanzas National
Monument to include three additional parcels of land totaling
about 70 pages. The bill would authorize the National Park
Service (NPS) to acquire the additional acreage by purchase,
donation, transfer, or exchange.
Based on information provided by the NPS, CBO estimates
that implementing S. 1670 would have no significant effect on
the federal budget. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply. S. 1670 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local or tribal governments.
CBO estimates that implementing S. 1670 would involve only
minor expenses typically associated with boundary revisions,
such as the costs of surveying and mapping. We expect that the
NPS would not have to purchase any of the lands that the bill
would add to the Fort Matanzas National Monument because, even
though this land was never officially included in the monument,
the NPS has held title to and managed all three parcels for
many years. Two of the three parcels were donated to the
government during the 1920s and 1960s, and the third parcel was
intended for donation but was inadvertently omitted from the
legal description of a large parcel of land donated during the
1920s. The agency could incur legal expenses to establish clear
title to that parcel, but CBO estimates that such expenses
would not add significantly to the total cost of implementing
the legislation because it is unlikely that anyone would
contest the government's claim of ownership to the 1.6-acre
site. Finally, because the NPS already manages the three
parcels, CBO estimates that the agency would not incur any
additional operating or maintenance costs as a result of the
boundary revision.
The CBO staff contact is Deborah Reis. This estimate was
approved by Robert A. Sunshine, Assistant Director for Budget
Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1670. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1670, as ordered reported.
executive communications
On June 6, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1670. These
reports had not been received at the time the report on S. 1670
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of Denis P. Galvin, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1670, a bill to revise
the boundary of Fort Matanzas National Monument, and for other
purposes.
The Department strongly supports S. 1670, which involves no
cost and corrects long-standing technical problems with the
park's boundary. This bill is similar to a proposal the
Administration sent to Congress on March 3, 1999. This bill is
drafted differently. However, its effect would be the same.
The bill would resolve long-standing boundary and
acquisition issues involving three tracts of land, totaling
approximately 70 acres. This action is consistent with the 1996
Statement of Management, which stems from the monument's 1982
General Management Plan.
In 1963 and 1965, the Johnson family donated to the United
States two tracts of land adjacent to monument grounds.
Although this land was donated to the United States, no
legislative authority existed then, or now exists, to make
these tracts part of Fort Matanzas National Monument. No
attempt at the time nor since then has been made to include
these beachfront tracts within the monument's boundary.
A third tract was originally intended for donation to the
United States, but was erroneously omitted from the legal
description of a larger parcel of donated land. Although the
United States does not hold title to this tract, the St. Johns
County tax assessor regards it as Federal property. Again, no
authority existed nor now exists to include it within the
boundary of the monument. The National Park Service will seek
to clear title once it is included within the monument's
boundary. To the best of our knowledge, this bill would not
adversely affect any private landowners.
The Presidential Proclamation of October 15, 1924,
established the Fort Matanzas National Monument in St. Johns
County, Florida. The purpose of the monument is to preserve the
rehabilitated Spanish fortification named Fort Matanzas, and to
interpret for the visiting public the architectural, political,
military, and social history of the fortification.
The inclusion of these three tracts within the boundary of
Fort Matanzas National Monument would ensure that the National
Park Service could legally protect the resources on the tracts
and ensure visitor safety.
Mr. Chairman, this concludes my statement. I would be
pleased to respond to questions from you or other committee
members.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1670, as
ordered reported.