[Senate Report 108-180]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 356
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-180

======================================================================
 
           BLACKWATER NATIONAL WILDLIFE REFUGE EXPANSION ACT

                                _______
                                

                October 30, 2003.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                        [to accompany H.R. 274]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 274) to authorize the Secretary of the 
Interior to acquire the property in Cecil County, Maryland, 
known as Garrett Island for inclusion in the Blackwater 
National Wildlife Refuge, having considered the same, reports 
favorably thereon and recommends that the bill do pass.

                    General Statement and Background

    On June 23, 1942, President Roosevelt issued Executive 
Order 9185 establishing the Susquehanna National Wildlife 
Refuge in Cecil County, Maryland. This area, which was closed 
to hunting, contained thousands of acres of submerged aquatic 
vegetation providing superb habitat for a large population of 
diving ducks.
    In 1978, the U.S. Fish and Wildlife Service opened the 
closed area to hunting because the aquatic vegetation had 
largely disappeared and waterfowl use had declined to the point 
where Federal protection was no longer necessary. As a result, 
the size of the refuge was reduced to the four acres of Battery 
Island which had been the site of a U.S. Coast Guard lighthouse 
since the 1920's. The Susquehanna Refuge has been further 
reduced by erosion and it is managed as a non-staffed satellite 
of the larger Blackwater National Wildlife Refuge.
    Garrett Island is located at the mouth of the Susquehanna 
River and it is the only rocky island in the tidal waters of 
the Chesapeake Bay. It is a link between the river and the bay. 
The island is about a mile and a half wide, is comprised of 
approximately 198 acres, and rises to 115 feet above sea level. 
The island is currently owned by a group of private land 
conservators who donated 15 percent of the island to the Cecil 
Land Trust. It is estimated that the cost to the Federal 
Government of purchasing the remaining acreage would be 
$300,000.
    Garrett Island has been occupied by humans for generations. 
It was the site of Maryland's second settlement in the early 
1600's. In the mid-1800's, the B&O railroad purchased the 
island as a base for a bridge they built across the Susquehanna 
River and named it after its Chairman of the Board, John W. 
Garrett. Today, the island has no permanent residents and there 
is limited public use including bird watching, fishing and 
picnicking. The island has a variety of archeological, natural 
and wildlife resources. It provides high-quality habitat for 44 
different avian populations, including 14 kinds of ducks, 
eagles, Canadian geese, common loons and tundra swans, and 
dozens of fish species.

                      Objective of the Legislation

    H.R. 274 authorizes the Secretary of the Interior to 
acquire Garrett Island in Cecil County, Maryland. The Secretary 
is required to manage the Island as the Garret Island Unit of 
the Blackwater National Wildlife Refuge in order to support the 
Delmarva Conservation Corridor Demonstration Program; conserve, 
restore, and manage habitats as necessary to contribute to the 
migratory bird populations prevalent in the Atlantic Flyway; to 
conserve, restore, and manage the significant aquatic resource 
values associated with submerged adjacent land and achieving 
the habitat objectives of the Chesapeake 2000 Agreement; to 
conserve its archeological resources; and to provide public 
access that does not adversely impact natural resources.

                      Section-By-Section Analysis

Section 1. Short Title
    This Section cites the bill as the ``Blackwater National 
Wildlife Refuge Expansion Act''.
Sec. 2. Findings
    This Section finds that Garrett Island is a microcosm of 
the geology and geography of the region; the only rocky island 
in the tidal waters of the Chesapeake; provides high-quality 
habitat for bird and fish species; and contains significant 
archaeological sites reflecting human history and prehistory of 
the region.
Sec. 3. Authority To Acquire Property for Inclusion in the Blackwater 
        National Wildlife Refuge
    This Section authorizes the Secretary of the Interior to 
acquire Garrett Island, located at the mouth of the Susquehanna 
River in Cecil County, Maryland and manage the lands as the 
Garrett Island Unit of the Blackwater National Wildlife Refuge. 
The purposes of the Garrett Island Unit are to support the 
Delmarva Conservation Corridor Demonstration Program; conserve, 
restore, and manage habitats as necessary to contribute to the 
migratory bird populations prevalent in the Atlantic Flyway; to 
conserve, restore, and manage the significant aquatic resource 
values associated with submerged adjacent land and achieving 
the habitat objectives of the Chesapeake 2000 Agreement; to 
conserve its archeological resources; and to provide public 
access that does not adversely impact natural resources.

                          Legislative History

    The Committee on Environment and Public Works met to 
consider H.R. 274 on July 30, 2003. The committee favorably 
reported the bill, H.R. 274, by voice vote.

                      Regulatory Impact Statement

    In compliance of section 11(b) of rule XXVI of the Standing 
Rules of the Senate, the committee finds that H.R. 274 does not 
create any additional regulatory burdens, nor will it cause any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104B4), the committee finds that H.R. 274 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 6, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 274, the 
Blackwater National Wildlife REfuge Expansion Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deb Reis who 
can be reached at 226-2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

H.R. 274, Blackwater National Wildlife Refuge Expansion Act, as ordered 
        reported by the Senate Committee on Environment and Public 
        Works on July 30, 2003
    H.R. 274 would authorize the Secretary of the Interior to 
acquire Garrett Island, a 198-acre island located at the mouth 
of the Susquehanna River in Cecil County, Maryland. The 
legislation would direct the Secretary to manage the acquired 
island as a unit of the Blackwater National Wildlife Refuge.
    Assuming the availability of appropriated funds and based 
on information from the U.S. Fish and Wildlife Service, CBO 
estimates that the agency would spend up to $800,000 to acquire 
the island in 2004. We also estimate that the agency would 
spend less than $200,000 annually to manage the island and to 
make payments to Cecil County under the Refuge Revenue Sharing 
Act, assuming appropriation of the necessary amounts.
    H.R. 274 would not affect direct spending or revenues. H.R. 
274 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 Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                        Changes to Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.
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