49–010 

Calendar No. 637 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–297 

ASHLAND BREAKWATER LIGHT TRANSFER ACT 

DECEMBER 10, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2031] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2031) 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, 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 ‘‘Ashland Breakwater Light Transfer Act’’. 

SEC. 2. BOUNDARY ADJUSTMENT TO INCLUDE LIGHTHOUSE. 

Public Law 91–424 (16 U.S.C. 460w et seq.) is amended as follows: 

(1) In the first section as follows: 

(A) In the matter preceding subsection (a)— 

(i) by striking ‘‘islands and shoreline’’ and inserting ‘‘islands, shoreline, and light stations’’; and 

(ii) by inserting ‘‘historic,’’ after ‘‘scenic,’’. 

(B) In subsection (a)— 

(i) by striking ‘‘the area’’ and inserting ‘‘The area’’; and 

(ii) by striking ‘‘; and’’ and inserting a period. 

(C) In subsection (b), by striking the final period. 

(D) By inserting after ‘‘1985.’’ the following: 

‘‘(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. 


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‘‘(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.’’. 

(2) In section 6 as follows: 

(A) By striking ‘‘The lakeshore’’ and inserting: 

‘‘(a) IN GENERAL.—The lakeshore’’. 

(B) By inserting ‘‘this section and’’ before ‘‘the provisions of’’. 

(C) By adding after subsection (a) the following: 

‘‘(b) FEDERAL USE.—Notwithstanding subsection (c) of the first section— 

‘‘(1) the Secretary of the department in which the Coast Guard is operating 

may operate, maintain, keep, locate, inspect, repair, and replace any Federal 

aid to navigation located at the Ashland Harbor Breakwater Light for as long 

as such aid is needed for navigational purposes; and 

‘‘(2) in carrying out the activities described in paragraph (1), such Secretary 

may enter, at any time, the Ashland Harbor Breakwater Light or any Federal 

aid to navigation at the Ashland Harbor Breakwater Light, for as long as such 

aid is needed for navigational purposes, without notice to the extent that it is 

not possible to provide advance notice. 

‘‘(c) 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.’’. 

PURPOSE

The purpose of S. 2031 is to adjust the boundary of Apostle Island National Lakeshore to include the Ashland Harbor Breakwater Lighthouse. 

BACKGROUND AND NEED

Apostle Island National Lakeshore was established in 1970 and 

includes 69,372 acres in northern Wisconsin. In addition to the 

mainland shoreline, 21 islands are included in the boundaries of 

the park. The park preserves significant amounts of wildlife habit 

and also preserves cultural resources associated with the region’s 

history. These resources include eight historic lighthouses on six islands. In 1986, these lighthouses were transferred from the Coast 

Guard (USCG) to the National Park Service. One lighthouse in the 

area, however, was not transferred as it lay outside the boundaries 

of the park and was actively used by the USCG. 

Ashland Harbor Breakwater Light is located in Chequamegon 

Bay, Wisconsin. It was first used in 1915 to light the way into the 

bay from the main body of Lake Superior. In 2007, the Light was 

added to the National Register of Historic Places. The lighthouse 

is currently owned by the United States Coast Guard. The USCG 

is interested in divesting its ownership of the lighthouse and the 

National Park Service has expressed interest in its inclusion in 

Apostle Island National Lakeshore. 

Legislation is needed to adjust the boundary of the Apostle Islands National Lakeshore in Wisconsin to include the Ashland Harbor Breakwater Light Addition at the end of the breakwater on 

Chequamegon Bay, Wisconsin. 

LEGISLATIVE HISTORY

S. 2031 was introduced by Senator Baldwin on February 12, 

2014. The Subcommittee on National Parks heard the bill on July 

23, 2014. At its business meeting on November 13, 2014, the Committee ordered S. 2031 favorably reported. 


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A similar bill, H.R. 4049, was introduced in the House of Representatives on February 11, 2014 by Representative Duffy. It was 

referred to the Committee on Natural Resources, and in addition, 

to the Committee on Transportation and Infrastructure. The Subcommittee on Public Lands and Environmental Regulation held a 

hearing on the bill on June 10, 2014. The full committee ordered 

the bill to be reported by unanimous consent. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 13, 2014, by a voice vote of a 

quorum present, recommends that the Senate pass S. 2031, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 2031, the Committee adopted an 

amendment in the nature of a substitute. The amendment has two 

elements. The first element provides that the designation does not 

create a buffer zone around the boundary of the property. The second element authorizes the United States Coast Guard to maintain 

the Federal aid to navigation on the property. The Committee 

amendment is explained in detail in the section-by-section analysis 

below. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Ashland Breakwater Light 

Transfer Act.’’ 

Section 2 amends various sections of the Act entitled ‘‘An Act to 

provide for the establishment of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes’’, approved 

September 26, 1970 (16 U.S.C. 460w et seq.). Paragraph (1) adds 

historic light stations to the resources to be preserved at the park. 

It also adds a new subsection (c) to section 1 of the 1970 act to include the Ashland Harbor Breakwater Light within the boundaries 

of Apostle Islands National Seashore. 

Paragraph (2) adds a subsection (b) to section 6 of the 1970 act 

to grant rights to the Army Corps of Engineers to utilize land and 

facilities for breakwater maintenance. It also grants rights to the 

Coast Guard to use land and facilities for Federal aids to navigation. 

In addition, paragraph (2) adds a new subsection (c) to section 

6 of the bill to allow the Secretary to enter into agreements with 

local authorities for cooperative law enforcement and emergency 

boundaries within the boundaries of Apostle Island National Lakeshore. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 2031—Ashland Breakwater Light Transfer Act 

S. 2031 would transfer the Ashland Harbor Breakwater Light 

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


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become part of the Apostle Island National Lakeshore in Wisconsin. Based on information provided by the NPS, CBO estimates 

that implementing the legislation would not have a significant effect on the federal budget. The transfer would not significantly 

change federal costs to manage the Apostle Island National Lakeshore or to continue to renovate and maintain the lighthouse. Enacting S. 2031 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 2031 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. 

On July 18, 2014, CBO transmitted a cost estimate for H.R. 

4049, the Ashland Breakwater Light Transfer Act, as ordered reported by the House Committee on Natural Resources on June 19, 

2014. The two pieces of legislation are similar and the CBO cost 

estimates are the same. 

The CBO staff contact for this estimate is Susan Willie. 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. 2031. 

The Act 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. 2031, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2031, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the July 

23, 2014, Subcommittee on National Parks hearing on S. 2031 follows: 

STATEMENT OF CHRISTINA GOLDFUSS, DEPUTY DIRECTOR, 

CONGRESSIONAL AND EXTERNAL RELATIONS, NATIONAL

PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee to present the views of the Department of the Interior on S. 2031, a bill 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 LakeVerDate Sep 11 2014 00:03 Dec 25, 2014 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR297.XXX SR297

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shore to include the lighthouse known as Ashland Harbor 

Breakwater Light, and for other purposes. 

The Department supports the enactment of S. 2031 with 

the amendments discussed below. 

S. 2031 would adjust the boundary of the Apostle Island 

National Lakeshore (Lakeshore) to include the Ashland 

Harbor Breakwater Light, thereby transferring ownership 

of the historic 1915 lighthouse to the National Park Service (NPS) from the U.S. Coast Guard in accordance with 

previously enacted legislation which mandates that any 

Federal property located within the boundaries of the 

Lakeshore be transferred to the Secretary of the Interior 

without further administrative action. S. 2031 ensures 

that the U.S. Army Corps of Engineers can maintain the 

breakwater, and, in accordance with the terms of the previously enacted legislation, the U.S. Coast Guard can continue to maintain a Federal aid to navigation in the lighthouse. All three agencies would be required to cooperate in 

their operations so that each of their agency missions is 

served. 

Apostle Islands National Lakeshore, located on the south 

shore of Lake Superior, is responsible for the care of what 

renowned lighthouse historian F. Ross Holland, Jr., has 

described as ‘‘the largest and finest single collection of 

lighthouses in the country.’’ The park manages six historic 

light stations, and a total of eight standing light towers— 

more than in any other unit in the National Park System. 

All of the lighthouses currently located within the boundary of the Lakeshore, as well as the Ashland Harbor 

Breakwater Light, are listed on the National Register of 

Historic Places. 

The Lakeshore has developed into one of the premier locations in the National Park System for historic preservation and education centered on lighthouses, including interpretive programs highlighting the stories of light keepers and the expansion of the United Sates in the late 19th 

century through maritime commerce. In 2006, Apostle Islands rehabilitated the 1863 Raspberry Island Lighthouse, 

which is a very popular visitor attraction. This year, the 

Lakeshore is concluding a major historic preservation 

project that will rehabilitate the 1856 Old Michigan Island 

Light, the oldest in the park, and significantly improve 

conditions at four other light stations. 

All of the lighthouses currently managed by Apostle Islands National Lakeshore were transferred from the U.S. 

Coast Guard to the National Park Service as part of a 

Congressionally authorized boundary adjustment and land 

transfer in 1986 that mandated that any Federal property 

located within the boundaries of the Lakeshore be transferred to the administrative jurisdiction of the Secretary of 

the Interior. At the time of the 1986 transfer, the future 

of the Ashland Light was not in question. 

In May 2012, the Coast Guard announced its intent to 

dispose of the Ashland Light under the National Historic 

Lighthouse Preservation Act (NHLPA). The NHLPA, enVerDate Sep 11 2014 00:03 Dec 25, 2014 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR297.XXX SR297

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acted in 2000 as an amendment to the National Historic 

Preservation Act, provides a public process for the disposal 

of Federally owned historic light stations by allowing them 

to be transferred at no cost to Federal agencies, State and 

local governments, nonprofit corporations, educational 

agencies, and community development organizations. The 

first step is the determination of the property as ‘‘excess 

to service requirements’’ by the U.S. Coast Guard and its 

identification as a historic structure. This determination is 

reported to the General Services Administration and notice 

is given that applications may be made for the structure. 

If an application is accepted, the lighthouse is simply 

transferred to the applicant subject to compliance with requirements to maintain the light and make it available to 

the public. 

No public or private entity, aside from the NPS, expressed interest in obtaining and maintaining the Ashland 

Light through the NHLPA process. However, as the Ashland Light is not within the existing park boundary, a 

boundary adjustment is needed to clarify that the property 

will be administered as part of the park. 

The Ashland Light sits in Lake Superior’s Chequamegon 

Bay, less than two miles offshore of the small city of Ashland, Wisconsin. The tower is visible from most of the 

city’s waterfront, and the light shines brightly at night. 

Images of the Ashland Light are everywhere in the city; 

they adorn the logos of the local newspaper, the Chamber 

of Commerce, and many local businesses. Few residents, 

however, have actually visited the Ashland Light or understand the vital role it played in one of the busiest ports on 

Lake Superior a century ago. 

The Ashland Light is currently in fair condition, but its 

long-term survival as part of the nation’s maritime heritage is not assured. The NPS and the local community are 

optimistic that the condition could be improved and appropriate visitor educational opportunities could be provided 

in the future if the Ashland Light were managed as part 

of Apostle Island National Lakeshore. With the addition of 

the Ashland Light, the NPS would manage all of the nationally significant historic lights in the region, further enhancing the park’s role in historic lighthouse preservation 

and education. 

The Department would recommend two amendments. 

The Department recommends deleting the portion of the 

amendment made in Section 2 that provides buffer zone 

language. The park boundary adjustment in S. 2031 includes only the lighthouse itself, not any of the waters of 

the Bay. The NPS has no authority to manage or permit 

activities outside of park boundaries. Fishing, boating, 

snowmobiling, and all other existing uses of the Bay’s 

waters are not affected by this bill. The buffer zone language is unnecessary. 

The Department also recommends that the portion of 

Section 2 of the bill directing the Federal agencies to cooperate in their operations be amended to clarify CongresVerDate Sep 11 2014 00:03 Dec 25, 2014 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR297.XXX SR297

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sional intent. The bill does not otherwise alter the statutory standards or other mandates of the three agencies, 

nor does it affect the ongoing need for them to work cooperatively to carry out those mandates in the area, as they 

currently do with respect to other lighthouses within the 

boundary. We would be glad to work with the Subcommittee to amend the existing language to ensure that 

the bill does not affect the missions of these agencies. 

Mr. Chairman, this concludes my testimony. I am prepared to answer any questions from members of the Committee. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

2031, as ordered 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): 

PUBLIC LAW 91–424 

AN ACT To provide for the establishment of the Apostle Island 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 øislands and shoreline¿ islands, shoreline, and light stations of the 

United States and their related geographic, scenic, historic, 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 NL– 

AI–91,000, sheets 1 and 2, and dated June 1970 ø; 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. 

* * * * * * * 

SEC. 6. øThe lakeshore¿ (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. 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 


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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—Notwithstanding subsection (c) of the first section— 

(1) the Secretary of the department in which the Coast Guard 

is operating may operate, maintain, keep, locate, repair, and replace any Federal aid to navigation located at the Ashland 

Harbor Breakwater Light for as long as such aid is needed for 

navigational purposes; and 

(2) in carrying out the activities described in paragraph (1), 

such Secretary may enter, at any time, the Ashland Harbor 

Breakwater Light or any Federal aid to navigation at the Ashland Harbor Breakwater Light, for as long as such aid is needed for navigational purposes, without notice to the extent that 

it is not possible to provide advance notice. 

(c) 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. 

* * * * * * * 

Æ 


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