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[House Report 110-536]
[From the U.S. Government Publishing Office]

110th Congress                                            Rept. 110-536
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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     JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA ACT OF 2008

                                _______
                                

                 March 3, 2008.--Ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1922]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1922) to designate the Jupiter Inlet Lighthouse 
and the surrounding Federal land in the State of Florida as an 
Outstanding Natural Area and as a unit of the National 
Landscape System, and for other purposes, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill as amended do pass.

      The amendments are as follows:
      Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Jupiter Inlet Lighthouse Outstanding 
Natural Area Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Commandant.--The term ``Commandant'' means the Commandant 
        of the Coast Guard.
          (2) Lighthouse.--The term ``Lighthouse'' means the Jupiter 
        Inlet Lighthouse located in Palm Beach County, Florida.
          (3) Local partners.--The term ``Local Partners'' includes--
                  (A) Palm Beach County, Florida;
                  (B) the Town of Jupiter, Florida;
                  (C) the Village of Tequesta, Florida; and
                  (D) the Loxahatchee River Historical Society.
          (4) Management plan.--The term ``management plan'' means the 
        management plan developed under section 4(a).
          (5) Map.--The term ``map'' means the map entitled ``Jupiter 
        Inlet Lighthouse: Outstanding Natural Area'' and dated October 
        29, 2007.
          (6) Outstanding natural area.--The term ``Outstanding Natural 
        Area'' means the Jupiter Inlet Lighthouse Outstanding Natural 
        Area established by section 3(a).
          (7) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103(e) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1702(e)).
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (9) State.--The term ``State'' means the State of Florida.

SEC. 3. ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING 
                    NATURAL AREA.

  (a) Establishment.--Subject to valid existing rights, there is 
established for the purposes described in subsection (b) the Jupiter 
Inlet Lighthouse Outstanding Natural Area, the boundaries of which are 
depicted on the map.
  (b) Purposes.--The purposes of the Outstanding Natural Area are to 
protect, conserve, and enhance the unique and nationally important 
historic, natural, cultural, scientific, educational, scenic, and 
recreational values of the Federal land surrounding the Lighthouse for 
the benefit of present generations and future generations of people in 
the United States, while--
          (1) allowing certain recreational and research activities to 
        continue in the Outstanding Natural Area; and
          (2) ensuring that Coast Guard operations and activities are 
        unimpeded within the boundaries of the Outstanding Natural 
        Area.
  (c) Availability of Map.--The map shall be on file and available for 
public inspection in--
          (1) the Office of the Director of the Bureau of Land 
        Management; and
          (2) the Eastern States Office of the Bureau of Land 
        Management in the State of Virginia.
  (d) Withdrawal.--
          (1) In general.--Subject to valid existing rights, section 6, 
        and any existing withdrawals under the Executive orders and 
        public land order described in paragraph (2), the Federal land 
        and any interests in the Federal land included in the 
        Outstanding Natural Area are withdrawn from--
                  (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                  (B) location, entry, and patent under the public land 
                mining laws; and
                  (C) operation of the mineral leasing and geothermal 
                leasing laws and the mineral materials laws.
          (2) Description of executive orders.--The Executive orders 
        and public land order described in paragraph (1) are--
                  (A) the Executive Order dated October 22, 1854;
                  (B) Executive Order No. 4254 (June 12, 1925); and
                  (C) Public Land Order No. 7202 (61 Fed. Reg. 29758).

SEC. 4. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with the Commandant, shall 
develop a comprehensive management plan in accordance with section 202 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) 
to--
          (1) provide long-term management guidance for the public land 
        in the Outstanding Natural Area; and
          (2) ensure that the Outstanding Natural Area fulfills the 
        purposes for which the Outstanding Natural Area is established.
  (b) Consultation; Public Participation.--The management plan shall be 
developed--
          (1) in consultation with appropriate Federal, State, county, 
        and local government agencies, the Commandant, the Local 
        Partners, the Loxahatchee River Historical Society, and other 
        partners; and
          (2) in a manner that ensures full public participation.
  (c) Existing Plans.--The management plan shall, to the maximum extent 
practicable, be consistent with existing resource plans, policies, and 
programs.
  (d) Inclusions.--The management plan shall include--
          (1) objectives and provisions to ensure--
                  (A) the protection and conservation of the resource 
                values of the Outstanding Natural Area; and
                  (B) the restoration of native plant communities and 
                estuaries in the Outstanding Natural Area, with an 
                emphasis on the conservation and enhancement of 
                healthy, functioning ecological systems in perpetuity;
          (2) objectives and provisions to maintain or recreate 
        historic structures;
          (3) an implementation plan for a program of interpretation 
        and public education about the natural and cultural resources 
        of the Lighthouse, the public land surrounding the Lighthouse, 
        and associated structures;
          (4) a proposal for administrative and public facilities to be 
        developed or improved that--
                  (A) are compatible with achieving the resource 
                objectives for the Outstanding Natural Area described 
                in section 5(a)(1)(B); and
                  (B) would accommodate visitors to the Outstanding 
                Natural Area;
          (5) natural and cultural resource management strategies for 
        the Outstanding Natural Area, to be developed in consultation 
        with appropriate departments of the State, the Local Partners, 
        and the Commandant, with an emphasis on resource conservation 
        in the Outstanding Natural Area and the interpretive, 
        educational, and long-term scientific uses of the resources; 
        and
          (6) recreational use strategies for the Outstanding Natural 
        Area, to be prepared in consultation with the Local Partners, 
        appropriate departments of the State, and the Coast Guard, with 
        an emphasis on passive recreation.
  (e) Interim Plan.--Until a management plan is adopted for the 
Outstanding Natural Area, the Jupiter Inlet Coordinated Resource 
Management Plan (including any updates or amendments to the Jupiter 
Inlet Coordinated Resource Management Plan) shall be in effect.

SEC. 5. MANAGEMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL 
                    AREA.

  (a) Management.--
          (1) In general.--The Secretary, in consultation with the 
        Local Partners and the Commandant, shall manage the Outstanding 
        Natural Area--
                  (A) as part of the National Landscape Conservation 
                System; and
                  (B) in a manner that conserves, protects, and 
                enhances the unique and nationally important 
                historical, natural, cultural, scientific, educational, 
                scenic, and recreational values of the Outstanding 
                Natural Area, including an emphasis on the restoration 
                of native ecological systems.
          (2) Limitation.--In managing the Outstanding Natural Area, 
        the Secretary shall not take any action that precludes, 
        prohibits, or otherwise affects the conduct of ongoing or 
        future Coast Guard operations or activities on lots 16 and 18, 
        as depicted on the map.
  (b) Uses.--Subject to valid existing rights and section 6, the 
Secretary shall only allow uses of the Outstanding Natural Area that 
the Secretary, in consultation with the Commandant and Local Partners, 
determines would likely further--
          (1) the purposes for which the Outstanding Natural Area is 
        established;
          (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
          (3) other applicable laws.
  (c) Cooperative Agreements.--To facilitate implementation of the 
management plan and to continue the successful partnerships with local 
communities and other partners, the Secretary shall, in accordance with 
section 307(b) of the Federal Land Management Policy and Management Act 
of 1976 (43 U.S.C. 1737(b)), enter into cooperative agreements with the 
appropriate Federal, State, county, other local government agencies, 
and other partners (including the Loxahatchee River Historical Society) 
for the long-term management of the Outstanding Natural Area
  (d) Research Activities.--To continue successful research 
partnerships, pursue future research partnerships, and assist in the 
development and implementation of the management plan, the Secretary 
may, in accordance with section 307(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1737(a)), authorize the conduct of 
appropriate research activities in the Outstanding Natural Area for the 
purposes described in section 3(b).
  (e) Acquisition of Land.--
          (1) In general.--Subject to paragraph (2), the Secretary may 
        acquire for inclusion in the Outstanding Natural Area any State 
        or private land or any interest in State or private land that 
        is--
                  (A) adjacent to the Outstanding Natural Area; and
                  (B) identified in the management plan as appropriate 
                for acquisition.
          (2) Means of acquisition.--Land or an interest in land may be 
        acquired under paragraph (1) only by--
                  (A) donation;
                  (B) exchange with a willing party; or
                  (C) purchase from a willing seller.
          (3) Additions to the outstanding natural area.--Any land or 
        interest in land adjacent to the Outstanding Natural Area 
        acquired by the United States after the date of enactment of 
        this Act under paragraph (1) shall be added to, and 
        administered as part of, the Outstanding Natural Area.
  (f) Law Enforcement Activities.--Nothing in this Act, the management 
plan, or the Jupiter Inlet Coordinated Resource Management Plan 
(including any updates or amendments to the Jupiter Inlet Coordinated 
Resource Management Plan) precludes, prohibits, or otherwise affects--
          (1) any maritime security, maritime safety, or environmental 
        protection mission or activity of the Coast Guard;
          (2) any border security operation or law enforcement activity 
        by the Department of Homeland Security or the Department of 
        Justice; or
          (3) any law enforcement activity of any Federal, State, or 
        local law enforcement agency in the Outstanding Natural Area.
  (g) Future Disposition of Coast Guard Facilities.--If the Commandant 
determines, after the date of enactment of this Act, that Coast Guard 
facilities within the Outstanding Natural Area exceed the needs of the 
Coast Guard, the Commandant may relinquish the facilities to the 
Secretary without removal, subject only to any environmental 
remediation that may be required by law.

SEC. 6. EFFECT ON ONGOING AND FUTURE COAST GUARD OPERATIONS.

  Nothing in this Act, the management plan, or the Jupiter Inlet 
Coordinated Resource Management Plan (including updates or amendments 
to the Jupiter Inlet Coordinated Resource Management Plan) precludes, 
prohibits, or otherwise affects ongoing or future Coast Guard 
operations or activities in the Outstanding Natural Area, including--
          (1) the continued and future operation of, access to, 
        maintenance of, and, as may be necessitated for Coast Guard 
        missions, the expansion, enhancement, or replacement of, the 
        Coast Guard High Frequency antenna site on lot 16;
          (2) the continued and future operation of, access to, 
        maintenance of, and, as may be necessitated for Coast Guard 
        missions, the expansion, enhancement, or replacement of, the 
        military family housing area on lot 18;
          (3) the continued and future use of, access to, maintenance 
        of, and, as may be necessitated for Coast Guard missions, the 
        expansion, enhancement, or replacement of, the pier on lot 18;
          (4) the existing lease of the Jupiter Inlet Lighthouse on lot 
        18 from the Coast Guard to the Loxahatchee River Historical 
        Society; or
          (5) any easements or other less-than-fee interests in 
        property appurtenant to existing Coast Guard facilities on lots 
        16 and 18.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

      Amend the title so as to read:

      A bill to designate the Jupiter Inlet Lighthouse and the 
surrounding Federal land in the State of Florida as an Outstanding 
Natural Area and as a unit of the National Landscape Conservation 
System, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1922 is to designate the Jupiter Inlet 
Lighthouse and the surrounding federal land in the State of 
Florida as an Outstanding Natural Area and as a unit of the 
National Landscape Conservation System.

                  BACKGROUND AND NEED FOR LEGISLATION

    Florida's Jupiter Inlet, at the confluence of the Indian 
and Loxahatchee Rivers, frames a point of land that has played 
a significant role in Florida coastal history for centuries. 
The area was a meeting place of ancient Indian tribes for more 
than 3,500 years before Europeans reached the area in the 17th 
century.
    Federal interest in the area stretches back to the middle 
of the 19th century, when the U.S. Army surveyors recommended 
the area as a suitable place for military defenses. In 1854, 
President Franklin Pierce signed an order withdrawing 61 acres 
for the Navy and establishing the Fort Jupiter Reservation. The 
design for a lighthouse on the site was begun by Lt. George 
Gordon Meade, better known as the general who defeated Robert 
E. Lee at Gettysburg.
    The lighthouse, built atop a prehistoric Indian mound, was 
first lit on July 10, 1860. The 156-foot structure is the 
oldest existing building in Palm Beach County; the red brick 
tower is topped with an iron latticework frame for the lantern 
windows.
    At various times, the reservation has also hosted a weather 
bureau and signal station, a Naval wireless telegraph station, 
a radio compass station, a Naval Intelligence Listening Post, 
and a radio detection station designed to intercept messages 
from German U-boats during World War II.
    The lighthouse was transferred from the Navy to the U.S. 
Coast Guard in 1939, by which time a total of nearly 127 acres 
had been set aside for the reservation.
    The lighthouse was added to the National Register of 
Historic Places on November 15, 1973. In 1986, much of the 
reservation around the lighthouse was returned to public land 
status under the Bureau of Land Management, which coordinates 
management activities by six separate entities under the 
Jupiter Inlet Coordinated Resource Management Plan. The BLM 
working group that implements that plan also includes the Coast 
Guard, the county of Palm Beach, the town of Jupiter, the 
village of Tequesta, and the Loxahatchee River Historical 
Society.
    All six entities are actively involved in management of the 
area. Since 1994, the Loxahatchee River Historical Society has 
held a lease to operate the lighthouse and conduct public 
tours. The town of Jupiter manages 18 acres of the reservation 
as a public recreation park. Palm Beach County works with BLM 
on habitat improvements.
    In addition to its many historic resources, the area 
provides habitat for 18 special status species, including 
gopher tortoises (a state species of concern), the threatened 
Florida scrub jay and federally protected plant species. The 
area also includes examples of imperiled South Florida 
ecosystems.

                            COMMITTEE ACTION

    H.R. 1922 was introduced April 18, 2007, by Representative 
Tim Mahoney (D-FL). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands.
    At a hearing on October 23, 2007, a representative of the 
BLM told the Subcommittee that the Interior Department supports 
the bill.
    On February 13, the full Natural Resources Committee met to 
consider the bill. Subcommittee Chairman Raul Grijalva (D-AZ) 
offered an amendment in the nature of a substitute making 
technical changes to the bill, including updating the map 
reference. The amendment was adopted by unanimous consent and 
the bill, as amended, was ordered favorably reported to the 
House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short Title

    Section 1 provides that the Act may be cited as the 
``Jupiter Inlet Lighthouse Outstanding Natural Area Act of 
2008.''

Section 2. Definitions

    Section 2 defines several terms used throughout the bill, 
including defining ``map'' as the map entitled ``Jupiter Inlet 
Lighthouse: Outstanding Natural Area'' and dated October 29, 
2007.

Section 3. Establishment of the Jupiter Inlet Lighthouse Outstanding 
        Natural Area

    Section 3 provides for the establishment of the Jupiter 
Inlet Lighthouse Outstanding Natural Area to protect, conserve, 
and enhance the unique and nationally important historic, 
natural, cultural, scientific, educational, scenic, and 
recreational values of the federal land surrounding the 
lighthouse while allowing certain recreational and research 
activities to continue, and ensuring that U.S. Coast Guard 
operations and activities are unimpeded within the Outstanding 
Natural Area.
    Section 3 also requires that the map be available for 
public inspection; withdraws all federal land within the 
Outstanding Natural Area from mining, geothermal and mineral 
leasing and patenting; and identifies the original Executive 
Orders relating to the lighthouse reservation.

Section 4. Management Plan

    Section 4 directs the Secretary of the Interior, in 
consultation with the Commandant of the Coast Guard, to develop 
a comprehensive management plan for the Outstanding Natural 
Area. The Secretary is directed to consult with the appropriate 
federal, state, county, and local government agencies, as well 
as local partners including the Loxahatchee River Historical 
Society, in a manner that ensures full public participation.
    Section 4 further directs that the plan include measures to 
protect and conserve resource values, restore native plant 
communities and estuaries, maintain or recreate historic 
structures and implement a program of interpretation and public 
education.
    Section 4 also directs that, until the management plan is 
adopted, the Jupiter Inlet Coordinated Resources Management 
Plan shall be in effect.

Section 5. Management of the Jupiter Inlet Lighthouse Outstanding 
        Natural Area

    Section 5 directs that the Secretary, in consultation with 
local partners and the Commandant, shall manage the Outstanding 
Natural Area as a part of the National Landscape Conservation 
System.
    Section 5 also allows the Secretary to enter into 
cooperative agreements with the appropriate federal, state, 
county, or local government agencies as well as other partners, 
and permits the Secretary to authorize appropriate research.
    Section 5 further authorizes the Secretary to acquire land 
for inclusion in the Outstanding Natural Area that is adjacent 
to the Area and identified in the management plan as 
appropriate for acquisition. Such land may be acquired by 
donation, exchange with a willing party, or purchase from a 
willing seller and upon acquisition shall be added to, and 
administered as part of, the Outstanding Natural Area.
    Section 5 provides that nothing in the legislation 
precludes law enforcement activities by the Coast Guard, the 
Department of Homeland Security, the Department of Justice, or 
any other federal, state, or local law enforcement agency in 
the Outstanding Natural Area.
    If the Commandant decides that any Coast Guard facilities 
within the Outstanding Natural Area exceed the need of the 
Coast Guard, Section 5 permits the Commandant to relinquish 
those facilities to the Secretary, subject only to any 
environmental remediation that may be required by law.

Section 6. Effect on Ongoing and Future Coast Guard Activities

    Section 6 provides that nothing in the Act, the management 
plan, or the current Resources Management Plan precludes, 
prohibits or otherwise affects ongoing or future Coast Guard 
Activities in the Outstanding Natural Area.

Section 7. Authorization of Appropriations

    Section 7 authorizes the appropriation of such sums as may 
be necessary to carry out the Act.

            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.

                   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.
    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, as ordered reported, is to designate 
the Jupiter Inlet Lighthouse and the surrounding Federal land 
in the State of Florida as an Outstanding Natural Area and as a 
unit of the National Landscape Conservation System, and for 
other purposes.
    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:

H.R. 1922--Jupiter Inlet Lighthouse Outstanding Natural Area Act of 
        2008

    H.R. 1922 would designate 126 acres in Florida as an 
Outstanding Natural Area and would require the Bureau of Land 
Management (BLM) to develop a plan to manage the area. CBO 
estimates that implementing H.R. 1922 would have no significant 
impact on the federal budget and would not affect direct 
spending or revenues.
    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, or tribal governments.
    H.R. 1922 would designate the lighthouse at the inlet in 
Jupiter, Florida, and the 126 acres of land surrounding that 
lighthouse as an Outstanding Natural Area, reserving the area 
for conservation, public education, and habitat restoration. 
The land is already under federal management and the bill would 
require BLM, in conjunction with the Coast Guard, to update a 
management plan within three years. According to BLM, the bill 
would not require the agency to acquire any land or to hire any 
additional staff; thus, CBO estimates that implementing H.R. 
1922 would have no significant impact on the federal budget.
    The CBO staff contact for this estimate is Sarah Puro. This 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1922 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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