[House Report 108-493]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-493
======================================================================
TIMUCUAN ECOLOGICAL AND HISTORIC PRESERVE BOUNDARY REVISION ACT OF 2004
_______
May 17, 2004.--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. 3768]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3768) to expand the Timucuan Ecological and Historic
Preserve, Florida, 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. SHORT TITLE.
This Act may be cited as the ``Timucuan Ecological and Historic
Preserve Boundary Revision Act of 2004''.
SEC. 2. REVISION OF BOUNDARY OF TIMUCUAN ECOLOGICAL AND HISTORIC
PRESERVE, FLORIDA.
Section 201(a) of Public Law 100-249 (16 U.S.C. 698n) is amended--
(1) by striking ``(a) Establishment.--There is hereby'' and
inserting the following:
``(a) Establishment.--
``(1) In general.--There is''; and
(2) by adding at the end the following:
``(2) Modification of boundary.--
``(A) In general.--In addition to the land described
in paragraph (1), the Preserve shall include
approximately 8.5 acres of land located in Nassau
County, Florida, as generally depicted on the map
entitled `Timucuan Ecological and Historic Preserve
American Beach Adjustment', numbered 006/80012 and
dated June 2003.
``(B) Duties of secretary.--The Secretary of the
Interior shall--
``(i) revise the boundaries of the Preserve
so as to encompass the land described in
subparagraph (A); and
``(ii) maintain the map described in
subparagraph (A) on file and available for
public inspection in the appropriate offices of
the National Park Service.''.
Purpose of the Bill
The purpose of H.R. 3768 is to expand the Timucuan
Ecological and Historic Preserve, Florida.
Background and Need for Legislation
The Timucuan Ecological and Historic Preserve, located in
the St. Johns River valley, Jacksonville, Florida, was
established by Congress in 1988 to protect one of the last
unspoiled coastal wetlands on the Atlantic Coast, and to
preserve historic and prehistoric sites within the area (Public
Law 100-249). The unit was named after the Timucuan Indians,
who lived in the area during prehistoric and historic times.
In February 2003, the Amelia Island Plantation Company
announced its intention of donating American Beach, a 12.5 acre
parcel of oceanfront property, to the National Park Service to
be included within the boundary of the Preserve. American Beach
was founded in the 1930s by Florida's first insurance company,
the Afro-American Life Insurance Company, at the behest of its
president, Abraham Lincoln Lewis, Florida's first black
millionaire. It became the first African-American beach resort
in Florida. Today, it is the only remaining example of a beach
resort established for use by African-Americans during the
divisive ``Jim Crow'' era of American history. In January 2002
the American Beach Historic District was listed on the National
Register of Historic Places in recognition of its African-
American cultural heritage. The donation is supported by the
Nassau County Board of Commissioners and according to the
National Park Service, maintenance costs associated with the
donated lands would be minimal.
In terms of its natural value, American Beach includes the
preservation of the ``Nana'', the tallest natural dune on
Amelia Island and habitat for the threatened loggerhead turtle
and critical calving grounds for the North Atlantic Right
Whale.
Committee Action
H.R. 3768 was introduced on February 4, 2004, by
Congressman Ander Crenshaw (R-FL). The bill was referred to the
Committee on Resources and within the Committee to the
Subcommittee on National Parks, Recreation and Public Lands. On
April 22, 2004, the Subcommittee met to mark up the bill. No
amendments were offered and the bill was forwarded to the Full
Committee by unanimous consent. On May 5, 2004, the Full
Resources Committee met to consider the bill. Congressman
George Radanovich (R-CA) offered an amendment to reduce to 8.5
acres the amount of land to be donated to the National Park
Service. The amendment was adopted by unanimous consent The
bill as amended was then 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 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, May 17, 2004.
Hon. Richard 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. 3768, the Timucuan
Ecological and Historic Preserve Boundary Revision Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 3768--Timucuan Ecological and Historic Preserve Boundary Revision
Act of 2004
H.R. 3768 would expand the boundary of the Timucuan
Ecological and Historic Preserve in Florida to include an 8.5-
acre parcel known as the American Beach. Based on information
provided by the National Park Service and the property's
current owners, CBO estimates that the federal government would
not incur any significant cost to acquire and maintain the
undeveloped beach site. We expect that the property would be
donated to the NPS in fiscal year 2005 and would remain
undeveloped. Annual costs to administer the extra acreage would
be minimal. Enacting the bill would not affect direct spending
or revenues.
The bill 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
ACT OF FEBRUARY 16, 1988
(Public Law 100-249)
* * * * * * *
TITLE II--PRESERVATION OF ST. JOHNS RIVER VALLEY ECOLOGICAL AREA AND
PROTECTION OF SIGNIFICANT HISTORIC ASSETS
SEC. 201. TIMUCUAN ECOLOGICAL AND HISTORIC PRESERVE.
[(a) Establishment.--There is hereby]
(a) Establishment.--
(1) In general.--There is established in the St.
Johns River Valley, Florida, where the Timucuan Indians
lived in prehistoric and historic times, the Timucuan
Ecological and Historic Preserve (hereafter in this Act
referred to as the ``Preserve''). The Preserve shall
comprise the lands, waters, and interests therein
within the boundaries generally depicted on a map of
Duval County, Florida, entitled ``Timucuan Ecological
and Historic Preserve'' numbered NA-TEHP 80,003-A and
dated July 1987. The map shall be on file and available
for public inspection in the Office of the National
Park Service, Department of the Interior. The Secretary
of the Interior may make minor revisions in the
boundary of the Preserve in accordance with section
7(c) of the Land and Water Conservation Fund Act of
1965. The Preserve shall also include within its
boundaries all that land consisting of approximately
500 acres adjacent to Fort Caroline National Memorial
and known as the Theodore Roosevelt Preserve, being
land formerly owned by one Willie Brown and donated by
him to The Nature Conservancy.
(2) Modification of boundary.--
(A) In general.--In addition to the land
described in paragraph (1), the Preserve shall
include approximately 8.5 acres of land located
in Nassau County, Florida, as generally
depicted on the map entitled ``Timucuan
Ecological and Historic Preserve American Beach
Adjustment'', numbered 006/80012 and dated June
2003.
(B) Duties of secretary.--The Secretary of
the Interior shall--
(i) revise the boundaries of the
Preserve so as to encompass the land
described in subparagraph (A); and
(ii) maintain the map described in
subparagraph (A) on file and available
for public inspection in the
appropriate offices of the National
Park Service.
* * * * * * *