[Senate Report 108-240]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 450
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-240

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                 SLEEPING BEAR DUNES NATIONAL LAKESHORE

                                _______
                                

                 March 9, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 408]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 408) to provide for expansion of 
Sleeping Bear Dunes National Lakeshore, having considered the 
same, reports favorably thereon without amendment and 
recommends that the Act do pass.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 408 is to authorize the Secretary of 
the Interior to acquire approximately 104.45 acres of land by 
purchase from a willing seller and to revise the boundary of 
the Sleeping Bear Dunes National Lakeshore to include such land 
in that park.

                          BACKGROUND AND NEED

    The Sleeping Bear Dunes National Lakeshore was established 
in 1970 to protect the outstanding natural features along a 35-
mile stretch of Lake Michigan's eastern coastline. Since 1986, 
the owners of the Homestead Resort, which encompasses 6,300 
feet of frontage along the Crystal River adjacent to the 
National Lakeshore, have been trying to develop their site as a 
golf course and housing development. The site contains wetland, 
riparian and upland habitat for a variety of species, and 
appraisals have ranged from $7 million to $9 million.
    The National Park Service has sought to acquire the 
Homestead Resort site for inclusion in the Sleeping Bear Dunes 
National Lakeshore through an exchange of other National Park 
Service lands. Any exchange of existing National Park Service 
lands is, however, strongly opposed by local entities, 
interested organizations, visitors, and the general public. 
H.R. 408 authorizes the Secretary of the Interior to acquire 
the Homestead Resort site for inclusion in the National 
Lakeshore, but prohibits the Secretary from acquiring the land 
through exchange or conveyance of lands that are within the 
boundary of the park on the bill's date of enactment.

                          LEGISLATIVE HISTORY

    H.R. 408 was introduced on January 28, 2003, by Reps. Camp 
and Stupak and passed the House of Representatives on October 
8, 2003 by voice vote. A similar bill, S. 808 was introduced by 
Senators Levin and Stabenow on April 8, 2003. The Subcommittee 
on National Parks held a hearing on S. 808 on September 9, 
2003. S. Hrg. 108-193. At the business meeting on February 11, 
2003, the Committee on Energy and Natural Resources ordered 
H.R. 408 favorably reported.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Committee on Energy and Natural Resources, in open 
business session on February 11, 2004, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 408.
    The rollcall vote on reporting the measure was 23 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Alexander
Ms. Murkowski
Mr. Talent
Mr. Burns
Mr. Smith*
Mr. Bunning
Mr. Kyl*

Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham*
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu*
Mr. Bayh*
Mrs. Feinstein*
Mr. Schumer*
Ms. Cantwell

    * Indicates voted by proxy.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) revises the boundary of Sleeping Bear National 
Lakeshore to include the lands described in subsection 1(b) 
when the title of those lands has vested in the United States 
in fee simple.
    Subsection (b) describes the 104.45 acres of unimproved 
land, to be added to the park as referenced on National Park 
Service map 634/80078, and requires the Secretary of the 
Interior to keep that map on file and available for public 
inspection in appropriate offices of the National Park Service.
    Subsection (c) authorizes the Secretary to acquire the land 
described in subsection (b) only by purchase from a willing 
seller.
    Section 2 states that the Secretary may not acquire the 
land described in section 1(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.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 24, 2004.
Hon. Pete V. Domenici,
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 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,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 408--An act 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.
    On October 1, 2003, CBO transmitted a cost estimate for 
H.R. 408 as ordered reported by the House Committee on 
Resources on September 24, 2003. The two versions of the 
legislation are identical, as are the cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
This 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 H.R. 408. 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 H.R. 408, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On February 11, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 408. These reports had 
not been received at the time the report on H.R. 408 was field. 
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:

     Prepared Statement of Richard G. Ring, Associate Director for 
Administration, Business Practices, and Workforce Development, National 
                Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on s. 808, a bill to provide 
for the expansion of Sleeping Bear Dunes National Lakeshore to 
include selected acreage along the Crystal River.
    The Department supports efforts to protect Sleeping Bear 
Dunes National Lakeshore. However, in order to meet the 
President's Initiative to eliminate the deferred maintenance 
backlog, we must continue to focus our resources on caring for 
existing areas in the National Park System (NPS). Therefore, we 
recommend that the committee defer action on S. 808 during the 
108th Congress.
    The existing NPS has more demands on it than ever before. 
Since 1991, 34 new units have been added to the System. These 
units alone in FY 2003 add $25.6 million to the System's 
operating budget, over $30 million in unfunded operational 
needs, and over $265 million in unfunded one-time projects. In 
addition, we have expanded a number of units over that time 
period. Expansions also can bring with them increases in 
operational costs and maintenance needs. These units and 
expansions include important resources that we as Americans 
recognize as nationally significant. Our focus now though is to 
take better care of the natural, cultural, and historic 
resources and visitor facilities already in the System.
    S. 808 would redraw the boundary of the 71,192.60-acre 
Lakeshore to include a parcel of land that is contiguous to the 
existing Lakeshore. The 104.45-acre parcel encompasses 6,300 
feet of frontage on the Crystal River and contains wetland, 
riparian, and upland habitat for a variety of species within 
mixed northern forests. The land appraisals have not been 
completed, but the estimated cost of acquiring the private land 
is between $7-9 million dollars.
    The private landowner first proposed development, including 
a golf course and homes, on the parcel in the late 1980s. to 
protect the parcel from development, several land exchange 
alternatives have since then been considered by the NPS and 
interested parties. However, for a variety of reasons, an 
agreed upon exchange could not be reached. The interested 
parties wished to acquire NPS land that was not suitable for 
exchange since NPS had previously acquired it through 
condemnation. In addition, through the General Management Plan 
scoping process, 87 percent of the 850 comments received 
expressed opposition to any type of exchange involving NPS 
lands. Comments were received from local entities, interested 
organizations, visitors, and the general public. This 
legislation was proposed as a solution for the protection of 
the property.
    The Department of Justice has advised that Section 1(c)(2) 
of the bill, as introduced, violates the Recommendations Clause 
of the Constitution. In addition, the fiscal year 2004 budget 
request has already been submitted. We recommend that this 
section be removed.
    Mr. Chairman, that concludes my prepared testimony. I would 
be happy to answer any questions you or the other 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, the committee notes that no 
changes in existing law are made by the Act H.R. 408 as ordered 
reported.

                                
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