49–006 

113TH CONGRESS REPT. 113–621 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

ASHLAND BREAKWATER LIGHT TRANSFER ACT 

NOVEMBER 17, 2014.—Ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 4049] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4049) to amend the Act to provide for the establishment 

of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes, to adjust the boundary of that National Lakeshore to include the lighthouse known as Ashland Harbor Breakwater Light, and for other purposes, having considered 

the same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 4049 is to amend the Act to provide for the 

establishment of the Apostle Islands National Lakeshore in the 

State of Wisconsin, and for other purposes, to adjust the boundary 

of that National Lakeshore to include the lighthouse known as 

Ashland Harbor Breakwater Light. 

BACKGROUND AND NEED FOR LEGISLATION

Built in 1915, the Ashland Harbor Breakwater Light is an operational light station located near Ashland, Wisconsin, and is currently owned and managed by the U.S. Coast Guard. The lighthouse was listed on the National Register of Historic Places in 

2007. The Coast Guard announced its intent to give up ownership 

of the Ashland Light in May 2012. Only the National Park Service 

(NPS) has expressed credible interest in obtaining and maintaining 

the Ashland Light. In the absence of legislation it may not be available for public access. 


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While there were six other light stations within the boundaries 

of the Apostle Islands National Lakeshore transferred to the NPS 

from the US Coast Guard in 1986, the Ashland Light was not included because it was not inside the park boundary and it was believed that it would be actively maintained into the future. 

H.R. 4049 adjusts the boundary of Apostle Islands National 

Lakeshore to include the light station. The legislation includes provisions to allow for the transfer of the light station, and not transfer jurisdiction for the surrounding waters or the breakwater itself 

to NPS. The Coast Guard will retain access to maintain the light 

as an aid to navigation. 

COMMITTEE ACTION

H.R. 4049 was introduced on February 11, 2014, by Congressman 

Sean Duffy (R–WI). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Public Lands and Environmental Regulation. The bill was also referred to the Committee on Transportation and Infrastructure. On 

June 10, 2014, the Subcommittee on Public Lands and Environmental Regulation held a hearing on the bill. On June 19, 2014, 

the Natural Resources Committee met to consider the bill. The 

Subcommittee on Public Lands and Environmental Regulation was 

discharged by unanimous consent. The bill, without amendment, 

was then adopted and 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 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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: 

H.R. 4049—Ashland Breakwater Light Transfer Act 

H.R. 4049 would transfer the Ashland Harbor Breakwater Light 

from the U.S. Coast Guard to the National Park Service (NPS) for 

inclusion in the Apostle Island National Lakeshore in the state of 

Wisconsin. Based on information provided by NPS, CBO estimates 

that implementing the legislation would have no significant effect 

on the federal budget. H.R. 4049 would not significantly change 

federal costs to manage the Apostle Island National Lakeshore or 


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to renovate and maintain the lighthouse. Enacting the legislation 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

H.R. 4049 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of 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. Based on information provided by the National 

Park Service, CBO estimates that implementing the legislation 

would have no significant effect on the federal budget. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Act to provide for the establishment of 

the Apostle Islands National Lakeshore in the State of Wisconsin, 

and for other purposes, to adjust the boundary of that National 

Lakeshore to include the lighthouse known as Ashland Harbor 

Breakwater Light. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

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, 


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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 SEPTEMBER 26, 1970 

(Public Law 91-424) 

AN ACT To provide for the establishment of the Apostle Islands National Lakeshore 

in the State of Wisconsin, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That in order to 

conserve and develop for the benefit, inspiration, education, recreational use, and enjoyment of the public certain significant islands and shoreline of the United States and their related geographic, scenic, and scientific values, there is hereby established 

the Apostle Islands National Lakeshore (hereinafter referred to as 

the ‘‘lakeshore’’) in Ashland and Bayfield Counties, Wisconsin, consisting of: 

(a) IN GENERAL.—øthe area¿ The area generally depicted on the 

map entitled ‘‘Apostle Islands National Lakeshore’’, numbered NLAI-91,000, sheets 1 and 2, and dated June 1970ø; and¿. (b) LONG ISLAND ADDITION.—Approximately 200 acres of land at 

the mouth of Chequamegon Bay known as ‘‘Long Island’’, as depicted on the map numbered NL-AI-91,001 and dated December, 

1985.ø.¿ 

(c) ASHLAND HARBOR BREAKWATER LIGHT.— (1) The Ashland Harbor Breakwater Light generally depicted 

on the map titled ‘‘Ashland Harbor Breakwater Light Addition 

to Apostle Islands National Lakeshore’’ and dated February 11, 

2014, located at the end of the breakwater on Chequamegon 

Bay, Wisconsin. 

(2) Congress does not intend for the designation of the property under paragraph (1) to create a protective perimeter or 

buffer zone around the boundary of that property. 

The maps shall be on file and available for public inspection in the 

office of the Director, National Park Service, Department of the Interior. 

* * * * * * * 

SEC. 3. The Secretary may acquire within the boundaries of the 

lakeshore lands and interests therein by donation, purchase with 

donated or appropriated funds, or exchange, but lands and interests in lands owned by the State of Wisconsin may be acquired only 

by donation. Notwithstanding any other provision of law, any Federal property located within the boundaries of the lakeshore is 

hereby transferred without transfer of funds to the administrative 

jurisdiction of the Secretary for the purposes of the lakeshoreø: 

Provided, That the United States Coast Guard may retain a right 

to utilize a portion of such land and facilities for use as navigational aids so long as may be required.¿ 

* * * * * * * 

SEC. 6. (a) IN GENERAL.—The lakeshore shall be administered, 

protected, and developed in accordance with this section and the 

provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 


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1, 2-4), as amended and supplemented; and the Act of April 9, 1924 

(43 Stat. 90; 16 U.S.C. 8a et seq.), as amended, except that any 

other statutory authority available to the Secretary for the conservation and management of natural resources may be utilized to 

the extent he finds such authority will further the purposes of the 

Act. 

(b) FEDERAL USE.—Rights to use a portion of the land and facilities of the lakeshore may be retained by— 

(1) the Army Corps of Engineers for breakwater maintenance; 

and 

(2) the Coast Guard for Federal aids to navigation (as defined in section 308(e)(4) of Public Law 89–665; 16 U.S.C. 

470w–7(e)(4)). 

(c) COOPERATION.—The National Park Service, the Coast Guard, 

and the Army Corps of Engineers shall cooperate in their operations 

so as to not lower the standards evolved for the operation of units 

of the National Park System, Federal aids to navigation, and harbor maintenance under Federal law with respect to the lakeshore. 

(d) CLARIFICATION OF AUTHORITY.—Pursuant to existing authorities, the Secretary may enter into agreements with the City of Ashland, County of Ashland, and County of Bayfield, Wisconsin, for the 

purpose of cooperative law enforcement and emergency services 

within the boundaries of the lakeshore. 

* * * * * * * 


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