79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–659

CAT ISLAND NATIONAL WILDLIFE REFUGE

ESTABLISHMENT ACT

JUNE 8, 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

REPORT

[To accompany H.R. 3292]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 3292) to provide for the establishment of the Cat Island National Wildlife Refuge in West Feliciana Parish, Louisiana, 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 out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Cat Island National Wildlife Refuge Establishment

Act’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) as the southernmost unleveed portion of the Mississippi River, Cat Island,

Louisiana, is one of the last remaining tracts in the lower Mississippi Valley

that is still influenced by the natural dynamics of the river;

(2) Cat Island supports one of the highest densities of virgin bald cypress

trees in the entire Mississippi River Valley, including the Nation’s champion cypress tree which is 17 feet wide and has a circumference of 53 feet;

(3) Cat Island is important habitat for several declining species of forest songbirds and supports thousands of wintering waterfowl;

(4) Cat Island supports high populations of deer, turkey, and furbearers, such

as mink and bobcats;

(5) conservation and enhancement of this area through inclusion in the National Wildlife Refuge System would help meet the habitat conservation goals

of the North American Waterfowl Management Plan;

(6) these forested wetlands represent one of the most valuable and productive

wildlife habitat types in the United States, and have extremely high recreational value for hunters, anglers, birdwatchers, nature photographers, and

others; and

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(7) the Cat Island area is deserving of inclusion in the National Wildlife Refuge System.

SEC. 3. DEFINITIONS.

For purposes of this Act—

(1) the term ‘‘Refuge’’ means the Cat Island National Wildlife Refuge; and

(2) the term ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 4. PURPOSES.

The purposes for which the Refuge is established and shall be managed are—

(1) to conserve, restore, and manage habitats as necessary to contribute to the

migratory bird population goals and habitat objective as established through the

Lower Mississippi Valley Joint Venture;

(2) to conserve, restore, and manage the significant aquatic resource values

associated with the area’s forested wetlands and to achieve the habitat objectives of the ‘‘Mississippi River Aquatic Resources Management Plan’’;

(3) to conserve, enhance, and restore the historic native bottomland community characteristics of the lower Mississippi alluvial valley and its associated

fish, wildlife, and plant species;

(4) to conserve, enhance, and restore habitat to maintain and assist in the recovery of endangered, and threatened plants and animals;

(5) to provide opportunities for priority public wildlife dependent uses for compatible hunting, fishing, trapping, wildlife observation and photography, and environmental education and interpretation; and

(6) to encourage the use of volunteers and facilitate partnerships among the

United States Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources.

SEC. 5. ESTABLISHMENT OF REFUGE.

(a) ACQUISITION BOUNDARY.—The Secretary is authorized to establish the Cat Island National Wildlife Refuge, consisting of approximately 36,500 acres of land and

water, as depicted upon a map entitled ‘‘Cat Island National Wildlife Refuge–Proposed’’, dated ll, 2000, and available for inspection in appropriate offices of the

United States Fish and Wildlife Service.

(b) BOUNDARY REVISIONS.—The Secretary may make such minor revisions of the

boundary designated under this section as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge.

(c) ACQUISITION.—The Secretary is authorized to acquire the lands and waters, or

interests therein, within the acquisition boundary described in subsection (a) of this

section.

(d) ESTABLISHMENT.—The Secretary shall establish the Refuge by publication of

a notice to that effect in the Federal Register and publications of local circulation

whenever sufficient property has been acquired to constitute an area that can be

efficiently managed as a National Wildlife Refuge.

SEC. 6. ADMINISTRATION.

The Secretary shall administer all lands, waters, and interests therein acquired

under this Act in accordance with the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.). The Secretary may use such additional statutory

authority as may be available for the conservation of fish and wildlife, and the provision of fish- and wildlife-oriented recreational opportunities as the Secretary considers appropriate to carry out the purposes of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department of the Interior—

(1) such funds as may be necessary for the acquisition of lands and waters

designated in section 5(c); and

(2) such funds as may be necessary for the development, operation, and maintenance of the Refuge.

PURPOSE OF THE BILL

The purpose of H.R. 3292 is to provide for the establishment of

the Cat Island National Wildlife Refuge in West Feliciana Parish,

Louisiana.

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BACKGROUND AND NEED FOR LEGISLATION

Cat Island, which is also known as Tunica Swamp, is located

about 30 miles north of Baton Rouge in West Feliciana Parish,

Louisiana. It is not really an island but a 36,500-acre peninsula

comprised of bottomland hardwoods.

Unlike most of the rest of the Mississippi River, Cat Island has

never been leveed or altered by a major flood control project. It is

one of the few natural areas along the river which still experiences

seasonal overflows.

Cat Island contains one of the highest densities of old-growth

bald cypress trees in the United States. It has been estimated that

many of these trees are between 500 and 1,000 years old, and the

Nation’s largest cypress tree, which is 17 feet wide with a circumference of 53 feet, resides here. Cat Island also supports a wide variety of vegetation including hackberry-elm-ash, overcup oak-bitter

pecan, and shrub-scrub swamps.

Cat Island is located along the Mississippi River Flyway, which

is a major migratory bird corridor for gadwalls, green-winged teals,

mallards, ring-necked ducks, and woodcocks. In fact, it has been estimated that these lands provide essential winter habitat for more

than 25,000 mallards. This region is also home for many wading

birds such as great egrets, snowy egrets, cattle egrets, glossy ibis,

yellow-crowned night herons, black-crowned night herons, green

herons, great blue herons, wood stocks, and bittens. Several rookeries are present, and the shallow lakes and flooded farm fields are

prime wintering habitat for many shorebirds.

In addition, Cat Island has large populations of bobcat, deer,

mink, raccoon, and turkey. Within the 36,500 acres, some of the

oldest hunting clubs in Louisiana have, in the past, leased land

that has provided excellent wildlife-dependent recreational opportunities for thousands of Americans.

In terms of fishery resources, Cat Island has several freshwater

lakes that provide outstanding sport fishing. Species found within

these lakes include bream, buffalo, catfish, crappie, gar, and

largemouth bass. Crawfishing is also extremely popular. For generations, hunting and fishing has been a traditional and cherished

pastime for local residents and tourists.

H.R. 3292 will establish the Cat island National Wildlife Refuge.

Under the terms of the legislation, the purposes of the refuge

would be to conserve, restore, and manage habitat for migratory

bird populations; conserve the native bottomland timber community characteristics of the Lower Mississippi alluvial valley; maintain and assist in the recovery of endangered and threatened

plants and animals; provide opportunities for priority public wildlife-dependent uses for compatible hunting, fishing, trapping, wildlife observation, and photography; and encourage the use of volunteers to promote public awareness of the refuge. The bill directs the

Secretary of the Interior to acquire by purchase or donation property that will form the basis of the proposed Cat Island National

Wildlife Refuge.

In Fiscal year 2000, Congress appropriated $500,000 for Cat Island land acquisition. On March 23, 2000, the Migratory Bird Conservation Commission voted to spend $500,000 to purchase 632

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acres of this land. The Administration has requested an additional

$4 million for Cat Island in Fiscal Year 2001.

COMMITTEE ACTION

H.R. 3292 was introduced on November 10, 1999, by Congressman Richard H. Baker (R–LA). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.

On March 30, 2000, the Subcommittee held a hearing on H.R.

3292. Testimony was heard from the Honorable Richard H. Baker

(R–LA); Mr. Daniel Ashe, Assistant Director for Refuges and Wildlife, U.S. Fish and Wildlife Service; and Mr. Robert C. Toombs,

East Central Regional Manager, the Timber Company. In his testimony, the author of the bill stated, ‘‘One of the reasons that Cat

Island has not been overrun by development or stripped of its natural resources is because of the efforts of Louisiana sportsmen who

love the outdoors and work hard to preserve areas for hunting and

fishing.’’

On April 6, 2000, the Subcommittee met to mark up the bill.

Subcommittee Chairman Jim Saxton (R–NJ) offered an amendment

in the nature of a substitute that increased the size of the refuge

from 9,477 acres to 36,500 acres and clarified the purposes for establishing this refuge. The amendment was adopted by voice vote.

The bill, as amended, was reported favorably to the full Resources

Committee by voice vote.

On May 24, 2000, the full Resources Committee met to consider

the bill. No further amendments were offered and 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 of the Constitution of the United States

grants 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. However, clause 3(d)(3)(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.

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.

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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 received the following cost estimate for this bill from the

Director of the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, June 7, 2000.

Hon. DON YOUNG,

Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3292, the Cat Island national Wildlife Refuge Establishment Act.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Deborah Reis.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 3292—Cat Island National Wildlife Refuge Establishment Act

H.R. 3292 would direct the U.S. Fish and Wildlife Service

(USFWS) to establish the Cat Island National Wildlife Refuge on

about 36,500 acres in Louisiana. The bill would authorize the agency to acquire this acreage and manage the new refuge as a unit of

the National Wildlife Refuge System. For the purposes of acquiring,

developing, and operating the refuge, the bill would authorize the

appropriation of whatever sums are necessary.

Assuming appropriation of the necessary amounts, and based on

information provided by the USFWS, CBO estimates that implementing H.R. 3292 would cost about $30 million over the next five

to seven years to acquire and manage all of the acreage for the new

refuge. ($500,000 has already been appropriated for this purpose.)

After the refuge has been established, we estimate that the agency

would spend about $500,000 annually on operations, and to make

payments to local governments under the Refuge Revenue Sharing

Act, assuming availability of the necessary amounts.

H.R. 3292 would not affect direct spending or receipts; therefore,

pay-as-you-go procedures would not apply. The bill 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.

The staff contact for this estimate is Deborah Reis. The estimate

was approved by Peter H. Fontaine, Deputy Assistant Director for

Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

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PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW

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

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