[Senate Report 106-371]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 749
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-371

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         GAYLORD NELSON APOSTLE ISLANDS STEWARDSHIP ACT OF 1999

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 26, 2000

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 134]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 134) to direct the Secretary of the 
Interior to study whether the Apostle Islands National 
Lakeshore should be protected as a wilderness area, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 4, line 20, strike ``(g) Funding.--'' and all that 
follows through the end of the bill.

                         Purpose of the Measure

    The purpose of S. 134 is to direct the Secretary of the 
Interior to evaluate areas of land within Apostle Islands 
National Lakeshore for inclusion within the National Wilderness 
Preservation System, and to take appropriate action to protect 
the lighthouse structures at Raspberry Island and Outer Island.

                          Background and Need

    Apostle Islands National Lakeshore is comprised of 21 
forested islands and 12 miles of the Lake Superior shoreline in 
the State of Wisconsin. The lakeshore includes sand beaches, 
sandstone caves, remnant old-growth forests, resident bald 
eagles and black bears, and the largest collection of 
lighthouses anywhere in the National Park System.
    The 1989 General Management Plan for Apostle Islands 
National Lakeshore identified the need for a formal wilderness 
study to determine which park lands might be suitable for 
inclusion in the National Wilderness Preservation System. 
Although all park lands that may be suitable for designation as 
wilderness are currently being managed to protect wilderness 
values, the study has never been completed.
    Of the several lighthouses included within Apostle Islands 
National Lakeshore, engineering studies have determined that 
three of them are in danger of structural damage due to the 
continued erosion of red clay banks upon which they were built. 
The situations at the Raspberry Island and Outer Island 
lighthouses are the most critical. Preservation of the 
structures requires protection of the bluffs beneath them, 
stabilization of the banks, and de-watering of the areas 
immediately shoreward of the bluffs. The estimated costs for 
the projects are $1.5 million for Raspberry Inland and $2.4 
million for Outer Island.
    S. 134 requires the Secretary of the Interior to evaluate 
areas of land within Apostle Islands National Lakeshore for 
inclusion in the National Wilderness Preservation System. The 
measure also authorizes the appropriation of $4.1 million, with 
$3.9 million of that amount made available for the lighthouse 
preservation projects and the remaining $200,000 to fund the 
wilderness study.

                          Legislative History

    S. 134 was introduced by Senators Feingold and Kohl on 
January 19, 1999. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 134 on June 
29, 2000. At the business meeting on July 13, 2000, the 
Committee on Energy and Natural Resources ordered S. 134 
favorably reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 13, 2000, by a majority vote of a 
quorum present, recommends that the Senate pass S. 134, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 134, the Committee adopted 
an amendment to delete a provision that required a spending 
offset in the form of a $10 millionrescission from the 
Department of Energy's Clean Coal Technology Program. Since the 
legislation only authorizes the appropriation of funds, no offset is 
necessary.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title.
    Section 2(a) contains congressional findings.
    Subsection (b) provides definitions for key terms used in 
the measure.
    Subsection (c) directs the Secretary of the Interior to 
evaluate areas of land within Apostle Island National Lakeshore 
for inclusion in the National Wilderness System.
    Subsection (d) directs the Secretary to take appropriate 
actions to protect the lighthouse structures at Raspberry 
Lighthouse and Outer Island Lighthouse at the Lakeshore.
    Subsection (e) amends the law which established the 
Lakeshore to add a provision authorizing the Secretary to enter 
into cooperative agreements with Federal, State, tribal, or 
local government agencies and nonprofit entities.
    Subsection (f) authorizes the appropriation of $200,000 to 
carry out subsection (c) and $3,900,000 to carry out subsection 
(d).

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 20, 2000.
Hon. Frank H. Murkowski,
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. 134, the Gaylord 
Nelson Apostle Islands Stewardship Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 134--Gaylord Nelson Apostle Islands Stewardship Act of 1999

    S. 134 would direct the Secretary of the Interior to study 
land within the Apostle Islands National Lakeshore in Wisconsin 
for possible inclusion in the National Wilderness System. The 
bill also would direct the Secretary to stabilize the land near 
two lighthouses at the lakeshore. Finally, the bill would allow 
the Secretary to execute cooperative agreements with government 
agencies and nonprofit organizations to aid in the development 
of recreational facilities. The bill would authorize the 
appropriation of $0.2 million for the wilderness study and $3.9 
million to stabilize the lighthouses.
    Assuming appropriation of the authorized amounts and based 
on information provided by the National Park Service, CBO 
estimates that the federal government would spend $4.1 million 
over the next three years to complete the required study and 
stabilize two lighthouses at the lakeshore. CBO estimates that 
the cooperative agreements with local entities would not result 
in any significant cost.
    S. 134 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no private-sector or intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
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. 134. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
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. 134, as ordered reported.

                        Executive Communications

    Legislative reports from the Department of the Interior and 
the Office of Management and Budget setting forth Executive 
agency recommendations on S. 134 had not been received at the 
time the report on S. 134 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 Jacqueline Lowey, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before the subcommittee to present the views of the Department 
of the Interior on S. 134. In addition to authorizing a 
wilderness study for Apostle Islands National Lakeshore, the 
bill mandates that appropriate action be taken to protect the 
Raspberry Island Lighthouse and the Outer Island Lighthouse. It 
also amends the park's enabling legislation to specifically 
authorize cooperative agreements to aid in the protection and 
preservation of park resources and to aid in the development of 
facilities in order to provide appropriate recreation. The 
Department of the Interior supports enactment of this 
legislation if amended as provided herein.
    Located in Lake Superior and the State of Wisconsin, 
Apostle Islands National Lakeshore was established by Public 
Law 91-424 on September 26, 1970. It was established to ``* * * 
conserve and develop for the benefit, inspiration, education, 
recreational use and enjoyment of the public * * *'' 20 of the 
22 islands in the archipelago as well as a 13-mile-long strip 
of shoreline on the mainland. In 1986, Long Island was added to 
the lakeshore.
    Section 2 of this bill would direct the Secretary of the 
Interior to study whether the Apostle Islands National 
Lakeshore should be protected as a wilderness area and 
authorizes $200,000 for a study. The process would begin with a 
wilderness suitability study of the lakeshore, as required by 
the Wilderness Act. This provision of the bill is consistent 
with the park's September 1989 General Management Plan (GMP). 
Of the lands within the lakeshore under National Park Service 
jurisdiction, about 97% or 41,054 acres may be suitable for 
wilderness designation. In accordance with the GMP, these lands 
are currently being managed to preserve wilderness values until 
a formula wilderness study can be completed. Any recommended 
wilderness area would be managed to preserve its wilderness 
qualities, pending action by Congress.
    A wilderness study would also be consistent with the intent 
of the State of Wisconsin in its donation of lands to the 
lakeshore. Wisconsin Statutes 1.026(1)(b) states, ``It is the 
policy of the legislature that the Apostle Islands be managed 
in a manner that will preserve their unique primitive and 
wilderness character * * * ''
    Section 3 would direct the Secretary of the Interior to 
undertake appropriate action to protect the historic Raspberry 
Island and Outer Island Lighthouses. The bill authorizes $3.9 
million for bluff stabilization and other necessary actions. 
There are eight lighthouses on six islands in the Apostle 
Islands National Lakeshore, more than in any other unit of the 
National Park System. Engineering studies have determined that 
several of these historic lighthouses are in danger of serious 
structural damage or loss due to the continued erosion of the 
red clay banks upon which they were built.
    This legislation would address the stabilization of the two 
determined to be in the most immediate danger, Raspberry Island 
Lighthouse and Outer Island Lighthouse. Between 1987 and 1991, 
Outer Island suffered its highest rate of erosion and averaged 
approximately one foot of bank loss per year. The erosion at 
the Raspberry Island Light Station has been more sporadic. 
However, heavy spring rains in 1991 caused significant erosion 
at Raspberry Island and resulted in some mass wasting of the 
slope directly in front of the light station structures.
    The Fiscal Year 1999 Department of the Interior 
appropriations provided $215,000 for the rehabilitation of the 
historic lighthouses, and this funding will pay for preliminary 
engineering assessments to secure design alternatives for 
addressing the stabilization of both lighthouses. The 
alternatives are currently at the 30% completion stage and are 
under review by the National Park Service. The President's 
Fiscal Year 2001 budget request includes $1.36 million for 
repairs to the Raspberry Island Light Station. The final 
construction documents should be completed and ready for 
advertising in January 2001, subject to availability of funds.
    There is an immediate need to take action on the erosion 
problems adjacent to the Raspberry and Outer Island Light 
Stations. Erosion has advanced to within 30 feet and 50 feet of 
the shoreward structures on Raspberry and Outer Islands, 
respectively. Failure to act promptly could result in damage to 
or the loss of the structures, possibly with the next high 
water cycle on Lake Superior. Some evidence indicates that 
damage may already be occurring at Outer Island. The 
engineering studies indicate that a return to the high lake 
levels of the mid-1980s and of excessively wet weather could 
result in significant loss of resources on Raspberry Island 
within 10 years and at Outer Island within 10 to 20 years.
    Section 2 also amends the park's enabling legislation to 
authorize cooperative agreements to aid in the protection and 
preservation of park resources and to aid in the development of 
facilities in order to provide appropriate recreation. This 
would ensure that the lakeshore has the legislative authority 
to effectively enlist the assistance of many of its partners 
currently interested and willing to help in the long-term 
management and preservation of the lakeshore's nationally 
significant natural, cultural, and recreational resources.
    Section 2(g) authorizes an offset from the Department of 
Energy, Clean Coal Technology, to pay for the wilderness study 
and stabilization of the lighthouses. The Department of Energy 
advises that it opposes the use of prior appropriated Clean 
Coal Technology program funds for this purpose and that these 
funds are still necessary to meet contractual obligations with 
industrial cost-sharing partners for ongoing Clean Coal 
Technology projects. We prefer to fund these projects through 
the studies and construction accounts of the National Park 
Service and recommend that the provision be amended 
accordingly.
    This concludes my testimony. I would be happy to answer any 
questions that you or members of the subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 134, as ordered 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 91-424


AN ACT To provide for the establishment of the Apostle Islands National 
Lakeshore in the State of Wisconsin, and for other purposes

           *       *       *       *       *       *       *


SEC. 6. MANAGEMENT.

    [Sec. 6. The lakeshore]  (a) In General._The lakeshore 
shall be administered, protected, and developed in accordance 
with the provisions of the Act of August 25, 1916 (39 Stat. 
535; 16 U.S.C. 1, 2-4), as amended and supplemented; and the 
Act of April 9, 1924 (43 Stat. 90; 16 U.S.C. 8a et seq.), as 
amended, except that any other statutory authority available to 
the Secretary for the conservation and management of natural 
resources may be utilized to the extent he finds such authority 
will further the purposes of the Act.
    (b) Cooperative Agreements.--The Secretary may enter into a 
cooperative agreement with a Federal, State, tribal, or local 
government agency or a nonprofit private entity if the 
Secretary determines that a cooperative agreement would be 
beneficial in carrying out section 7.

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