[House Report 108-516]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-516

======================================================================



 
                   EVERGLADES NATIONAL PARK EXPANSION

                                _______
                                

  June 1, 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. 3785]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3785) to authorize the exchange of certain land in 
Everglades National Park, 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. EVERGLADES NATIONAL PARK.

  Section 102 of the Everglades National Park Protection and Expansion 
Act of 1989 (16 U.S.C. 410r-6) is amended--
          (1) in subsection (a)--
                  (A) by striking ``The park boundary'' and inserting 
                the following:
          ``(1) In general.--The park boundary'';
                  (B) by striking ``The map'' and inserting the 
                following:
          ``(2) Availability of map.--The map''; and
                  (C) by adding at the end the following:
          ``(3) Acquisition of additional land.--
                  ``(A) In general.--The Secretary may acquire from 1 
                or more willing sellers not more than 10 acres of land 
                located outside the boundary of the park and adjacent 
                to or near the East Everglades area of the park for the 
                development of administrative, housing, maintenance, or 
                other park purposes.
                  ``(B) Administration; applicable law.--On acquisition 
                of the land under subparagraph (A), the land shall be 
                administered as part of the park in accordance with the 
                laws (including regulations) applicable to the park.''; 
                and
          (2) by adding at the end the following:
  ``(h) Land Exchanges.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Administrator.--The term `Administrator' means 
                the Administrator of General Services.
                  ``(B) County.--The term `County' means Miami-Dade 
                County, Florida.
                  ``(C) County land.--The term `County land' means the 
                2 parcels of land owned by the County totaling 
                approximately 152.93 acres that are designated as 
                `Tract 605-01' and `Tract 605-03'.
                  ``(D) District.--The term `District' means the South 
                Florida Water Management District.
                  ``(E) District land.--The term `District land' means 
                the approximately 1,054 acres of District land located 
                in the Southern Glades Wildlife and Environmental Area 
                and identified on the map as `South Florida Water 
                Management District Exchange Lands'.
                  ``(F) General services administration land.--The term 
                `General Services Administration land' means the 
                approximately 595.28 acres of land designated as `Site 
                Alpha' that is declared by the Department of the Navy 
                to be excess land.
                  ``(G) Map.--The term `map' means the map entitled 
                `Boundary Modification for C-111 Project, Everglades 
                National Park', numbered 160/80,007, and dated April 
                30, 2002.
                  ``(H) National park service land.--The term `National 
                Park Service land' means the approximately 1,054 acres 
                of land located in the Rocky Glades area of the park 
                and identified on the map as `NPS Exchange Lands'.
          ``(2) Exchange of general services administration land and 
        county land.--The Administrator shall convey to the County fee 
        title to the General Services Administration land in exchange 
        for the conveyance by the County to the Secretary of fee title 
        to the County land.
          ``(3) Exchange of national park service land and district 
        land.--
                  ``(A) In general.--As soon as practicable after the 
                completion of the exchange under paragraph (2), the 
                Secretary shall convey to the District fee title to the 
                National Park Service land in exchange for fee title to 
                the District land.
                  ``(B) Use of national park service land.--The 
                National Park Service land conveyed to the District 
                shall be used by the District for the purposes of the 
                C-111 project, including restoration of the Everglades 
                natural system.
                  ``(C) Boundary adjustment.--On completion of the land 
                exchange under subparagraph (A), the Secretary shall 
                modify the boundary of the park to reflect the exchange 
                of the National Park Service land and the District 
                land.
          ``(4) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.''.

SEC. 2. BIG CYPRESS NATIONAL PRESERVE.

  Subsection (d)(3) of the first section of Public Law 93-440 (16 
U.S.C. 698f) is amended by striking ``The amount described in paragraph 
(1)'' and inserting ``The amount described in paragraph (2)''.

                          Purpose of the Bill

    The purpose of H.R. 3785 is to authorize the exchange of 
certain land in Everglades National Park.

                  Background and Need for Legislation

    The 1996 Water Resources Development Act authorized 
modifications to one of the historic projects associated with 
the restoration of the Florida Everglades known as the C-111 
Project. Specifically, the C-111 Project, located on the 
eastern boundary of the Florida Everglades, would restore 
habitat of the Everglades National Park that has been adversely 
affected by the Army Corps of Engineers Central and Southern 
Florida Project, as well as restore more natural flows of water 
to the Park's eastern panhandle, Taylor Slough and Florida Bay.
    H.R. 3785 would direct the Secretary of the Interior to 
exchange approximately 1054 acres of land from the Rocky Glades 
area of the Park for approximately 1054 acres from the South 
Florida Water Management District located in the Southern 
Glades Wildlife and Environmental Area. The exchange would 
allow the National Park Service to provide the necessary lands 
to complete the project modifications and obtain an equal 
amount of acreage adjacent to the Park boundary, which when 
incorporated into the Park would conform to the Park Service's 
goal of no net loss to the Park.

                            Committee Action

    H.R. 3785 was introduced on February 10, 2004, by 
Congressman Mario Diaz-Balart (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 
May 19, 2004, the Full Resources Committee met to consider the 
bill. The Subcommittee on National Parks, Recreation and Public 
Lands was discharged from further consideration of the bill by 
unanimous consent. Congressman George Radanovich (R-CA) offered 
an amendment in the nature of a substitute to: (1) clarify the 
use of the land conveyed to the South Florida Water Management 
District; (2) direct the completion of additional federal 
administrative actions that are necessary to complete the 
exchange; and (3) authorize the Secretary of the Interior to 
acquire no more than 10 acres outside the Park boundary, from 
willing sellers, in the vicinity of the East Everglades portion 
of the Park for administrative, housing, and maintenance uses. 
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, 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. 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 25, 2004.
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. 3785, a bill to 
authorize the exchange of certain land in Everglades National 
Park.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3785--A bill to authorize the exchange of certain land in 
        Everglades National Park

    H.R. 3785 would authorize the National Park Service (NPS) 
to acquire certain lands for the Everglades National Park in 
Florida. The bill would enable the NPS to acquire about 1,050 
acres through a four-way exchange with the General Services 
Administration, Dade County, and a local water district. In 
addition, the bill would authorize the agency to purchase up to 
10 acres located outside of the park's East Everglades area. 
That property would be developed to provide employee housing 
and other park facilities.
    Assuming appropriation of the necessary amounts, CBO 
estimates that acquiring and developing land near the East 
Everglades areas of the park would cost about $3.5 million over 
the next few years. We estimate that about $500,000 of this 
amount would be used by the NPS to acquire a suitable site of 
about 10 acres outside of the park's boundary. Of the remaining 
amount, we estimate that about $3 million would be used to 
construct a fire station, maintenance and storage facilities, 
and administrative offices. This does not include $2 million 
that would be spent for employee housing because the NPS is 
already authorized to build employee housing outside of the 
park.
    CBO estimates that the administrative costs of the four-way 
land exchange would be less than $50,000 over the next year or 
two. Additional costs to manage newly acquired acreage would be 
minimal. Costs to operate the new offsite facility would be 
similar to the cost of operating existing facilities within the 
park, which would be demolished.
    H.R. 3785 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.
    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):

 SECTION 102 OF THE EVERGLADES NATIONAL PARK PROTECTION AND EXPANSION 
                              ACT OF 1989


SEC. 102. BOUNDARY MODIFICATION.

  (a) Area Included.--[The park boundary]
          (1) In general.--The park boundary is hereby modified 
        to include approximately 107,600 acres as generally 
        depicted on the map entitled ``Boundary Map, Everglades 
        National Park Addition, Dade County, Florida'', 
        numbered 160-20,013B and dated September 1989. [The 
        map]
          (2) Availability of map.--The map shall be on file 
        and available for public inspection in the offices of 
        the National Park Service, Department of the Interior.
          (3) Acquisition of additional land.--
                  (A) In general.--The Secretary may acquire 
                from 1 or more willing sellers not more than 10 
                acres of land located outside the boundary of 
                the park and adjacent to or near the East 
                Everglades area of the park for the development 
                of administrative, housing, maintenance, or 
                other park purposes.
                  (B) Administration; applicable law.--On 
                acquisition of the land under subparagraph (A), 
                the land shall be administered as part of the 
                park in accordance with the laws (including 
                regulations) applicable to the park.

           *       *       *       *       *       *       *

  (h) Land Exchanges.--
          (1) Definitions.--In this subsection:
                  (A) Administrator.--The term 
                ``Administrator'' means the Administrator of 
                General Services.
                  (B) County.--The term ``County'' means Miami-
                Dade County, Florida.
                  (C) County land.--The term ``County land'' 
                means the 2 parcels of land owned by the County 
                totaling approximately 152.93 acres that are 
                designated as ``Tract 605-01'' and ``Tract 605-
                03''.
                  (D) District.--The term ``District'' means 
                the South Florida Water Management District.
                  (E) District land.--The term ``District 
                land'' means the approximately 1,054 acres of 
                District land located in the Southern Glades 
                Wildlife and Environmental Area and identified 
                on the map as ``South Florida Water Management 
                District Exchange Lands''.
                  (F) General services administration land.--
                The term ``General Services Administration 
                land'' means the approximately 595.28 acres of 
                land designated as ``Site Alpha'' that is 
                declared by the Department of the Navy to be 
                excess land.
                  (G) Map.--The term ``map'' means the map 
                entitled ``Boundary Modification for C-111 
                Project, Everglades National Park'', numbered 
                160/80,007, and dated April 30, 2002.
                  (H) National park service land.--The term 
                ``National Park Service land'' means the 
                approximately 1,054 acres of land located in 
                the Rocky Glades area of the park and 
                identified on the map as ``NPS Exchange 
                Lands''.
          (2) Exchange of general services administration land 
        and county land.--The Administrator shall convey to the 
        County fee title to the General Services Administration 
        land in exchange for the conveyance by the County to 
        the Secretary of fee title to the County land.
          (3) Exchange of national park service land and 
        district land.--
                  (A) In general.--As soon as practicable after 
                the completion of the exchange under paragraph 
                (2), the Secretary shall convey to the District 
                fee title to the National Park Service land in 
                exchange for fee title to the District land.
                  (B) Use of national park service land.--The 
                National Park Service land conveyed to the 
                District shall be used by the District for the 
                purposes of the C-111 project, including 
                restoration of the Everglades natural system.
                  (C) Boundary adjustment.--On completion of 
                the land exchange under subparagraph (A), the 
                Secretary shall modify the boundary of the park 
                to reflect the exchange of the National Park 
                Service land and the District land.
          (4) Availability of map.--The map shall be on file 
        and available for public inspection in the appropriate 
        offices of the National Park Service.
                              ----------                              


                        ACT OF OCTOBER 11, 1974

 AN ACT To establish the Big Cypress National Preserve in the State of 
                    Florida, and for other purposes.

                          (Public Law 93-440)

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) * 
* *

           *       *       *       *       *       *       *

  (d)(1) * * *

           *       *       *       *       *       *       *

  (3) The amount described in paragraph [(1)] (2) shall be 
reduced by an amount equal to 20 percent of the amount of the 
total cost incurred by the Secretary in acquiring lands in the 
Addition other than from the State of Florida.

           *       *       *       *       *       *       *


                                  
