[House Report 108-292]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-292

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          EXPANSION OF SLEEPING BEAR DUNES NATIONAL LAKESHORE

                                _______
                                

October 2, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 408]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 408) to provide for expansion of Sleeping Bear Dunes 
National Lakeshore, 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. EXPANSION OF SLEEPINDG BEAR DUNES NATIONAL LAKESHORE.

    (a) In General.--When title to the land described in subsection (b) 
has vested in the United States in fee simple, the boundary of Sleeping 
Bear Dunes National Lakeshore is revised to include such land in that 
part.
    (b) Land Described.--The land referred to in subsection (a) 
consists of approximately 104.45 acres of unimproved lands generally 
depicted on National Park Service map number 634/80078, entitled 
``Bayberry Mills, Inc. Crystal River, MI Proposed Expansion Unit to 
Sleeping Bear Dunes National Lakeshore''. The Secretary of the Interior 
shall keep such map on file and available for public inspection in the 
appropriate offices of the National Park Service.
    (c) Purchase of Lands Authorized.--The Secretary of the Interior 
may acquire the land described in subsection (b), only by purchase from 
a willing seller.
    (d) Limitation on Acquisition by Exchange or Conveyance.--The 
Secretary of the Interior may not acquire any of the land described in 
subsection (b) through any exchange or conveyance of lands that are 
within the boundary of the Sleeping Bear Dunes National Lakeshore as of 
the date of the enactment of this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 408 is to provide for the expansion of 
Sleeping Bear Dunes National Lakeshore.

                  BACKGROUND AND NEED FOR LEGISLATION

    Created in 1970, the Sleeping Bear Dunes National Lakeshore 
encompasses a 35 mile stretch of Lake Michigan's eastern 
coastline, as well as North and South Manitou Islands. The 
Lakeshore was established primarily for its outstanding natural 
features, including forests, beaches, dune formations and 
ancient glacial phenomena. The Lakeshore is 71,176 acres and 
had 1.1 million visitors in 2002, and is administered by the 
National Park Service.
    Since 1986, the owners of the 104-acre Homestead Resort, 
which is adjacent to the National Lakeshore and encompasses 
6,500 feet of frontage along the Crystal River, have been 
trying to develop the land either as a golf course or housing. 
According to the conservation community as well as the U.S. 
Fish and Wildlife Service, the Homestead property encompasses 
``globally rare'' resources. To protect the National Lakeshore 
from development, the Park Service recently proposed swapping 
Park Service land for the Crystal River property. That proposed 
was immediately criticized by the local community. At the 
urging of opponents of the land swap proposal, Congressman Dave 
Camp introduced H.R. 408 to authorize the Park Service to 
acquire the land from the willing seller and bars the Service 
from exchanging any land that is within the National Lakeshore.

                            COMMITTEE ACTION

    H.R. 408 was introduced on January 28, 2003, by Congressman 
Dave Camp (R-MI). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On July 15, 2003, 
the Subcommittee held a hearing on the bill. On September 23, 
2003, the Subcommittee met to mark up the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute to strike Section 1(c)(2) of the bill, which 
violated the Recommendations Clause of the Constitution. The 
amendment was adopted by voice vote. The bill, as amended, was 
then forwarded to the Full Resources Committee by voice vote. 
On September 24, 2003, the Full Resources Committee met to 
consider the bill. No further amendments were offered, and the 
bill, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent.

            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 grants 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. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    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. General Performance Goals and Objectives. This bill does 
not authorize funding and, therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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 received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 1, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 408, a bill to 
provide for expansion of Sleeping Bear Dunes National 
Lakeshore.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 408--A bill to provide for expansion of Sleeping Bear Dunes 
        National Lakeshore

    H.R. 408 would expand the boundary of the Sleeping Bear 
Dunes National Lakeshore in Michigan to include an adjacent 
104-acre tract of undeveloped land located on the Crystal 
River.
    Assuming appropriation of the necessary amounts, CBO 
estimates that purchasing the proposed addition would cost the 
federal government between $8 million and $10 million during 
the next year or two. Because the new tract probably would be 
maintained in its natural state, we estimate that any 
additional costs to develop or manage it would be 
insignificant. This estimate is based on information provided 
by the National Park Service, local tax authorities, and the 
current landowners.
    H.R. 408 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    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 any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                                
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