89–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–1010

TO DIRECT THE SECRETARY OF THE INTERIOR TO MAKE CERTAIN ADJUSTMENTS TO THE BOUNDARIES OF BISCAYNE NATIONAL PARK IN

THE STATE OF FLORIDA, AND FOR OTHER PURPOSES

OCTOBER 26, 2000.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 3033]

The Committee on Resources, to whom was referred the bill

(H.R. 3033) to direct the Secretary of the Interior to make certain

adjustments to the boundaries of Biscayne National Park in the

State of Florida, and for other purposes, having considered the

same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. TRANSFER OF PROPERTY.

(a) IN GENERAL.—If the State of Florida transfers all right, title, and interest of

that State in and to the submerged lands depicted for transfer to the United States

on the map entitled ‘‘Boundary Map, Biscayne National Park, Stiltsville’’, numbered

ll, and dated ll, 2000, the Secretary of the Interior shall immediately thereafter transfer to the State of Florida, all right, title, and interest of the United

States in and to the approximately equal acres of property depicted on that map

for transfer to the State of Florida.

(b) MAP AND LEGAL DESCRIPTION.—The map referred to in subsection (a) and legal

descriptions of the property authorized to be transferred by subsection (a) shall be

on file and available for public inspection in the offices of the National Park Service,

Department of the Interior. The map and legal descriptions shall have the same

force and effect as if included in this Act, except that the Secretary of the Interior

may correct clerical and typographical errors in the map and legal descriptions.

(c) ADJUSTMENT OF PARK BOUNDARIES.—Property transferred to the United States

pursuant to subsection (a) shall become, and be administered as, part of the Biscayne National Park after such transfer. Property transferred to the State of Florida

pursuant to subsection (a) shall not be part of the Biscayne National Park after

such transfer. As soon as practicable after such property is transferred, the SecVerDate 11-MAY-2000 20:14 Oct 28, 2000 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR1010.XXX pfrm02 PsN: HR1010
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retary shall adjust the boundaries of the Biscayne National Park to reflect the

transfer.

PURPOSE OF THE BILL

The purpose of H.R. 3033 is to direct the Secretary of the Interior

to make certain adjustments to the boundaries of Biscayne National Park in the State of Florida, and for other purposes.

BACKGROUND AND NEED FOR LEGISLATION

H.R. 3033 would direct the Secretary of the Interior to transfer

an area of land to the State of Florida in exchange for State property to be added to Biscayne National Park. The federal land to be

transferred to Florida consists of nine one-half acre parcels of land

located in the Biscayne Bay National Park. The parcels are currently occupied with homes in an area known as ‘‘Stiltsville’’.

Stiltsville is a unique historical and cultural community consisting

of seven wood-frame houses resting on steel reinforced pilings,

hence the name ‘‘Stiltsville’’. Stiltsville is about one mile from the

nearest land and dates back to the 1930s. Stiltsville provides both

historical and cultural resources and great sense of pride for Floridians. In fact, the State of Florida has recommended that

Stiltsville be placed on the National Register of Historic Places.

This recommendation, however, was rejected by the federal government in March 1999.

The houses at Stiltsville are privately owned, but the land underneath is leased by the National Park Service to the homeowners.

The houses host a number of public functions, such as those by the

Boy Scouts and church groups. In early 1999, the National Park

Service decided not to extend the leases for the Stiltsville houses

beyond July 1999. After the lease expires the Park Service would

then proceed to demolish the structures. However, reacting to Congressional requests and a huge public support for saving the

houses, the Park Service has extended the lease until December 31,

2000.

H.R. 3033 would address this situation by transferring the

Stiltsville properties to the State of Florida. In return, Florida

would transfer a large parcel of submerged land (approximately 30

acres) to the federal government. H.R. 3033 would authorize the

Secretary of the Interior to adjust the boundaries of the Biscayne

National Park to include the acquired property.

COMMITTEE ACTION

H.R. 3033 was introduced by Congresswoman Ileana RosLehtinen (R–FL) on October 6, 1999. The bill was referred to the

Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On May 23, 2000,

the Subcommittee held a hearing on the bill. On June 22, 2000 the

Subcommittee met to consider the bill. An amendment in the nature of a substitute was offered by Congressman Joel Hefley (R–

CO). The amendment would change the boundary of Biscayne National Park to exclude the Stiltsville structures with no land exchange involving the State of Florida. The amendment was adopted

by voice vote. No further amendments were offered and the bill, as

amended, was then ordered favorably reported to the Resources

Committee by voice vote. On July 19, 2000, the Resources ComVerDate 11-MAY-2000 20:14 Oct 28, 2000 Jkt 089006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1010.XXX pfrm02 PsN: HR1010
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mittee met to consider the bill. An amendment in the nature of a

substitute was offered by Congressman James V. Hansen (R–UT)

which revived the land exchange with the State of Florida. The exchange would assure that an equal amount of acreage would be

transferred to the federal government as that removed from Biscayne National Park, i.e., the Stiltsville area. Congressman Carlos

Romero-Barcelo ́ (D–PR) offered a substitute amendment to the

Hansen amendment in the nature of a substitute which required

the Secretary of the Interior to review Stiltsville for listing on the

National Register of Historic Places. The Romero-Barcelo ́ amendment failed by voice vote. The Hansen amendment in the nature

of a substitute was adopted by voice vote. The bill, as amended,

was then ordered favorably reported to the House of Representatives by voice vote.

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 Resources’ oversight findings and recommendations are reflected in

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the Constitution

of the United States grant Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) 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. The Committee believes that enacting this bill

would have little cost involved and would have minimal impact on

the federal budget.

2. 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.

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

4. Congressional Budget Office Cost Estimate. 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 requested but not received a cost estimate for this bill

from the Director of the Congressional Budget Office.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This bill is not intended to preempt State, local, or tribal law.

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CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

(5)

DISSENTING VIEWS

H.R. 3033 is ill-conceived legislation that poses a threat to significant national park resources. I join with the Administration, the

conservation community, and many others in strongly opposing this

special interest measure.

Biscayne National Park is a spectacular marine environment.

These lands and waters, owned by the American public and enjoyed by millions of people, are a national asset. Despite this, the

majority has chosen to plunder this asset by pushing legislation

that advances the interests of private parties to the detriment of

one of our great national parks.

Originally, H.R. 3033 would have carved out of the park nine

cabin sites located in an area of the park known as ‘‘Stiltsville.’’

Not content with this bow to private interests, the majority voted

in Subcommittee to delete 3900 acres of the park, including

Stiltsville, that contain significant sea grass beds, endangered

manatee habitat, protected sponge and lobster harvesting areas,

submerged cultural sites, and an important navigation access

route. In the face of a public outcry the majority redid their plan,

voting in Full Committee to instead delete more than 1000 acres

of the park in exchange for some undesirable submerged lands to

the west of the park boundary.

Not only would Biscayne National Park be losing valuable resources and picking up undesirable lands, this new proposal would

result in a net loss to the park of more than 200 acres. Further,

one-half of the non-federal land to be exchanged is owned by the

City of Coral Gables, a fact unbeknownst to the public and even

the city itself. These errors and miscalculations are not surprising,

given the majority’s willingness to let the private interests in this

legislation wield considerable influence in developing these various

legislative incarnations.

While the National Park Service has announced plans to make

these cabin sites available to all the public, the majority wants to

maintain them for the exclusive use of a select few.

If the majority is willing to further private interests at the expense of the public interest in our national parks, no Federal lands

are safe. H.R. 3033 is a threat to our national parks and deserves

to be defeated.

GEORGE MILLER.

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