[Senate Report 110-372]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 804
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-372

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



 
            EVERGLADES NATIONAL PARK BOUNDARY ADJUSTMENT ACT

                                _______
                                

                 June  16, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2804]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2804) to adjust the boundary of the 
Everglades National Park, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends 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 ``Everglades National Park Boundary 
Adjustment Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Hurricane hole.--The term ``Hurricane Hole'' means the 
        natural salt-water body of water within the Duesenbury Tracts 
        of the eastern parcel of the Tarpon Basin boundary adjustment 
        and accessed by Duesenbury Creek.
          (2) Map.--The term ``map'' means the map entitled ``Proposed 
        Tarpon Basin Boundary Revision'', numbered 160/80,012, and 
        dated May 2008.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) Tarpon basin property.--The term ``Tarpon Basin 
        property'' means land that--
                  (A) is comprised of approximately 600 acres of land 
                and water surrounding Hurricane Hole, as generally 
                depicted on the map; and
                  (B) is located in South Key Largo.

SEC. 3. BOUNDARY REVISION.

  (a) Boundary Revision.--The boundary of the Everglades National Park 
is adjusted to include the Tarpon Basin property.
  (b) Acquisition Authority.--The Secretary may acquire from willing 
sellers by donation, purchase with donated or appropriated funds, or 
exchange, land, water, or interests in land and water, within the area 
depicted on the map, to be added to Everglades National Park.
  (c) Availability of Map.--The map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service.
  (d) Administration.--Land added to Everglades National Park by this 
section shall be administered as part of Everglades National Park in 
accordance with applicable laws (including regulations).

SEC. 4. HURRICANE HOLE.

  The Secretary may allow use of Hurricane Hole by sailing vessels 
during emergencies, subject to such terms and conditions as the 
Secretary determines to be necessary.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                                PURPOSE

    The purpose of S. 2804 is to adjust the boundary of 
Everglades National Park in the State of Florida.

                          BACKGROUND AND NEED

    Everglades National Park was established in 1947 and is the 
largest subtropical wilderness in the United States. The area 
boasts rare and endangered species, such as the American 
crocodile, Florida panther, and West Indian manatee. It has 
been designated an International Biosphere Reserve, a World 
Heritage Site, and a Wetland of International Importance, in 
recognition of its significance to all the people of the world.
    S. 2804 would expand the boundary of Everglades National 
Park to include the Tarpon Basin in South Key Largo. Tarpon 
Basin is 586 acres of land and water and currently owned by The 
Nature Conservancy. This parcel contains habitat for listed 
endangered species, such as the wood stork and the West Indian 
manatee and state-listed threatened species such as the roseate 
spoonbill and the white-crowned pigeon. A portion of the Tarpon 
Basin is known as the ``Hurricane Hole'', an area for vessel 
owners to harbor about 15 sailboats from the perils of tropical 
storms and hurricanes. A dense stand of mangrove trees protects 
the ``Hurricane Hole'' from high winds.

                          LEGISLATIVE HISTORY

    S. 2804 was introduced by Senator Nelson on April 2, 2008. 
Senator Martinez is a cosponsor. The Subcommittee on National 
Parks held a hearing on S. 2804 on April 23, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 2804 favorably 
reported, with amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2804.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 2804, the Committee on 
Energy and Natural Resources amended the Act by striking 
everything after the enacting clause and providing an amendment 
in the nature of a substitute. The amendments clarify the 
boundary description and make other clarifying and conforming 
amendments.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title ``Everglades National 
Park Boundary Adjustment Act of 2008''.
    Section 2 defines key terms used in the bill.
    Section 3 revises the boundary of Everglades National Park.
    Subsection (a) authorizes Secretary of the Interior to 
adjust the boundary to include Tarpon Basin.
    Subsection (b) authorizes the acquisition of land within 
the boundary adjustment from willing sellers.
    Subsection (c) requires maps be made available to the 
public.
    Subsection (d) authorizes the Secretary to administer this 
section as part of the Everglades National Park, in accordance 
with applicable laws.
    Section 4 directs the Secretary of the Interior to allow 
the use of Hurricane Hole during emergencies.
    Section 5 authorizes appropriations for this Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 2804--Everglades National Park Boundary Adjustment Act of 2008

    S. 2804 would modify the boundary of the Everglades 
National Park in Florida to include the 600-acre Tarpon Basin 
property on Key Largo. Assuming availability of the necessary 
amounts, CBO estimates that the National Park Service would 
spend about $1 million to acquire the property in 2009. We 
estimate that additional administrative costs to manage the new 
properties would be minimal. Enacting S. 2804 would not affect 
revenues or direct spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, 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 S. 2804. 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 S. 2804, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2804, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008, hearing on S. 2804 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you today to present the views 
of the Department of the Interior on S. 2804, a bill to adjust 
the boundary of Everglades National Park and to authorize the 
Secretary of the Interior to acquire additional property in the 
Tarpon Basin district.
    The Department supports enactment of this bill, with some 
technical amendments as discussed later in this testimony.
    Congress passed legislation in 1934 authorizing the 
establishment of Everglades National Park through public and 
private donations of land. Thirteen years later, in 1947, 
President Harry Truman dedicated Everglades as the first 
national park to preserve purely biological--not geological--
resources. In establishing the park, Congress recognized that 
South Florida's climate and the abundant flora and fauna 
present there were unique to the United States and to the 
world. Specifically, Congress noted the importance of 
protecting the mangrove swamp, which ``teems with aquatic and 
amphibian life'' and provides a sanctuary for numerous wading 
birds. Congress also recognized the importance of protecting 
the hardwood hammocks. Oak, mahogany and gumbo-limbo trees grow 
on these slightly elevated mounds of limestone, providing 
habitat for birds and other wildlife.
    Everglades National Park is located at the interface of a 
temperate and subtropical environment with a great diversity of 
resources. It is recognized by the United Nations as an 
International Biosphere Reserve and as a World Heritage Site. 
It is also designated a Wetland of International Importance by 
the international Ramsar Convention treaty.
    The purpose of the proposed legislation is to adjust the 
boundary of Everglades National Park and authorize the 
acquisition of approximately 600 acres of land and water 
surrounding Tarpon Basin for inclusion in the park. These 
changes are relatively minor, as Everglades National Park 
encompasses approximately 1,509,000 acres. However, the 
resources that will be acquired are significant and 
characteristic of those intended by Congress to be protected. 
The approximate acquisition costs would be $983,000 including 
cleanup, appraisals and other associated costs. Anticipated 
costs for operations are estimated to be under $100,000. 
Funding for these costs will be subject to NPS priorities and 
availability of appropriations.
    The boundary expansion property, located near Key Largo, 
Florida, contains habitat for the wood stork and the West 
Indian Manatee, each of which are listed as endangered under 
the Endangered Species Act of 1973. The property also contains 
habitat for the roseate spoonbill and the white-crowned pigeon. 
Both are categorized by the Florida Fish and Wildlife 
Conservation Commission as threatened species.
    The property is comprised of two parcels abutting the 
northeast and southwest sides of Tarpon Basin. The northeastern 
parcel, referred to as the Dusenbury Creek peninsula, 
encompasses slightly more than 59 percent of the total tract 
and includes predominantly coastal mangrove areas, with some 10 
acres of hardwood hammock. This parcel has approximately 900 
feet of frontage along the west side of US Highway 1 and is 
bounded by Tarpon Basin on the south and Blackwater Sound on 
the north and west. The southwestern parcel, referred to as the 
Grouper Creek peninsula, consists of approximately 41 percent 
of the remaining total tract as coastal mangrove. A number of 
small saltwater ponds are located throughout the two parcels. 
The largest, Lake Donna, is accessible by land. Access to the 
others is restricted due to dense mangrove stands.
    The Dusenbury Creek parcel has a small ``hurricane hole,'' 
located in the northern end of the property, which can be 
accessed from the Intracoastal Waterway and from Tarpon Basin. 
Historically, this area has been used by boaters to moor their 
sailboats during a hurricane or tropical storm. This 
legislation provides the Secretary of the Interior with 
authority to issue permits to the owners of a sailing vessel 
who, before the date of enactment of this legislation, have 
used the hurricane hole to secure that sailing vessel during a 
tropical storm or hurricane.
    This legislation will have minimal impact on the park's 
budget, other than funding for land acquisition. The park will 
be able to manage any land additions within its existing 
priorities. No additional personnel will be needed to implement 
the proposal. The boundary adjustment and acquisition will 
require the park's Florida Bay District personnel to perform 
additional water- and land-based patrols. Thse patrol changes 
are minor, however.
    The department has some technical amendments to S. 2804. 
First, the land acquisition and administration language in 
sections 4(b) and 4(d) is confusing as to its intent. We would 
like to work with the committee to simplify the language in 
accordance with other park boundary adjustment legislation 
approved by the committee. We would also like to suggest a 
couple of technical changes to the language of section 2 to 
reflect the correct name of the Florida Fish and Wildlife 
Conservation Commission and to section 5 to clarify which 
sailing vessels are eligible for the permits. We will be glad 
to provide those to the committee.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you or any 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 bill, S. 2804, as 
ordered reported.

                                  
