[Senate Report 106-371]
[From the U.S. Government Publishing Office]
Calendar No. 749
106th Congress Report
SENATE
2d Session 106-371
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GAYLORD NELSON APOSTLE ISLANDS STEWARDSHIP ACT OF 1999
_______
August 25, 2000.--Ordered to be printed
Filed, under authority of the order of the Senate of July 26, 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 134]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 134) to direct the Secretary of the
Interior to study whether the Apostle Islands National
Lakeshore should be protected as a wilderness area, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 4, line 20, strike ``(g) Funding.--'' and all that
follows through the end of the bill.
Purpose of the Measure
The purpose of S. 134 is to direct the Secretary of the
Interior to evaluate areas of land within Apostle Islands
National Lakeshore for inclusion within the National Wilderness
Preservation System, and to take appropriate action to protect
the lighthouse structures at Raspberry Island and Outer Island.
Background and Need
Apostle Islands National Lakeshore is comprised of 21
forested islands and 12 miles of the Lake Superior shoreline in
the State of Wisconsin. The lakeshore includes sand beaches,
sandstone caves, remnant old-growth forests, resident bald
eagles and black bears, and the largest collection of
lighthouses anywhere in the National Park System.
The 1989 General Management Plan for Apostle Islands
National Lakeshore identified the need for a formal wilderness
study to determine which park lands might be suitable for
inclusion in the National Wilderness Preservation System.
Although all park lands that may be suitable for designation as
wilderness are currently being managed to protect wilderness
values, the study has never been completed.
Of the several lighthouses included within Apostle Islands
National Lakeshore, engineering studies have determined that
three of them are in danger of structural damage due to the
continued erosion of red clay banks upon which they were built.
The situations at the Raspberry Island and Outer Island
lighthouses are the most critical. Preservation of the
structures requires protection of the bluffs beneath them,
stabilization of the banks, and de-watering of the areas
immediately shoreward of the bluffs. The estimated costs for
the projects are $1.5 million for Raspberry Inland and $2.4
million for Outer Island.
S. 134 requires the Secretary of the Interior to evaluate
areas of land within Apostle Islands National Lakeshore for
inclusion in the National Wilderness Preservation System. The
measure also authorizes the appropriation of $4.1 million, with
$3.9 million of that amount made available for the lighthouse
preservation projects and the remaining $200,000 to fund the
wilderness study.
Legislative History
S. 134 was introduced by Senators Feingold and Kohl on
January 19, 1999. The Subcommittee on National Parks, Historic
Preservation and Recreation held a hearing on S. 134 on June
29, 2000. At the business meeting on July 13, 2000, the
Committee on Energy and Natural Resources ordered S. 134
favorably reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 13, 2000, by a majority vote of a
quorum present, recommends that the Senate pass S. 134, if
amended as described herein.
Committee Amendment
During the consideration of S. 134, the Committee adopted
an amendment to delete a provision that required a spending
offset in the form of a $10 millionrescission from the
Department of Energy's Clean Coal Technology Program. Since the
legislation only authorizes the appropriation of funds, no offset is
necessary.
Section-by-Section Analysis
Section 1 designates the bill's short title.
Section 2(a) contains congressional findings.
Subsection (b) provides definitions for key terms used in
the measure.
Subsection (c) directs the Secretary of the Interior to
evaluate areas of land within Apostle Island National Lakeshore
for inclusion in the National Wilderness System.
Subsection (d) directs the Secretary to take appropriate
actions to protect the lighthouse structures at Raspberry
Lighthouse and Outer Island Lighthouse at the Lakeshore.
Subsection (e) amends the law which established the
Lakeshore to add a provision authorizing the Secretary to enter
into cooperative agreements with Federal, State, tribal, or
local government agencies and nonprofit entities.
Subsection (f) authorizes the appropriation of $200,000 to
carry out subsection (c) and $3,900,000 to carry out subsection
(d).
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 20, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 134, the Gaylord
Nelson Apostle Islands Stewardship Act of 1999.
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.
S. 134--Gaylord Nelson Apostle Islands Stewardship Act of 1999
S. 134 would direct the Secretary of the Interior to study
land within the Apostle Islands National Lakeshore in Wisconsin
for possible inclusion in the National Wilderness System. The
bill also would direct the Secretary to stabilize the land near
two lighthouses at the lakeshore. Finally, the bill would allow
the Secretary to execute cooperative agreements with government
agencies and nonprofit organizations to aid in the development
of recreational facilities. The bill would authorize the
appropriation of $0.2 million for the wilderness study and $3.9
million to stabilize the lighthouses.
Assuming appropriation of the authorized amounts and based
on information provided by the National Park Service, CBO
estimates that the federal government would spend $4.1 million
over the next three years to complete the required study and
stabilize two lighthouses at the lakeshore. CBO estimates that
the cooperative agreements with local entities would not result
in any significant cost.
S. 134 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
contains no private-sector or intergovernmental mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, 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. 134. The bill 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. 134, as ordered reported.
Executive Communications
Legislative reports from the Department of the Interior and
the Office of Management and Budget setting forth Executive
agency recommendations on S. 134 had not been received at the
time the report on S. 134 was filed. When the reports become
available, the Chairman will request that they be printed in
the Congressional Record for the advice of the Senate. The
testimony provided by the National Park Service at the
Subcommittee hearing follows:
Statement of Jacqueline Lowey, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before the subcommittee to present the views of the Department
of the Interior on S. 134. In addition to authorizing a
wilderness study for Apostle Islands National Lakeshore, the
bill mandates that appropriate action be taken to protect the
Raspberry Island Lighthouse and the Outer Island Lighthouse. It
also amends the park's enabling legislation to specifically
authorize cooperative agreements to aid in the protection and
preservation of park resources and to aid in the development of
facilities in order to provide appropriate recreation. The
Department of the Interior supports enactment of this
legislation if amended as provided herein.
Located in Lake Superior and the State of Wisconsin,
Apostle Islands National Lakeshore was established by Public
Law 91-424 on September 26, 1970. It was established to ``* * *
conserve and develop for the benefit, inspiration, education,
recreational use and enjoyment of the public * * *'' 20 of the
22 islands in the archipelago as well as a 13-mile-long strip
of shoreline on the mainland. In 1986, Long Island was added to
the lakeshore.
Section 2 of this bill would direct the Secretary of the
Interior to study whether the Apostle Islands National
Lakeshore should be protected as a wilderness area and
authorizes $200,000 for a study. The process would begin with a
wilderness suitability study of the lakeshore, as required by
the Wilderness Act. This provision of the bill is consistent
with the park's September 1989 General Management Plan (GMP).
Of the lands within the lakeshore under National Park Service
jurisdiction, about 97% or 41,054 acres may be suitable for
wilderness designation. In accordance with the GMP, these lands
are currently being managed to preserve wilderness values until
a formula wilderness study can be completed. Any recommended
wilderness area would be managed to preserve its wilderness
qualities, pending action by Congress.
A wilderness study would also be consistent with the intent
of the State of Wisconsin in its donation of lands to the
lakeshore. Wisconsin Statutes 1.026(1)(b) states, ``It is the
policy of the legislature that the Apostle Islands be managed
in a manner that will preserve their unique primitive and
wilderness character * * * ''
Section 3 would direct the Secretary of the Interior to
undertake appropriate action to protect the historic Raspberry
Island and Outer Island Lighthouses. The bill authorizes $3.9
million for bluff stabilization and other necessary actions.
There are eight lighthouses on six islands in the Apostle
Islands National Lakeshore, more than in any other unit of the
National Park System. Engineering studies have determined that
several of these historic lighthouses are in danger of serious
structural damage or loss due to the continued erosion of the
red clay banks upon which they were built.
This legislation would address the stabilization of the two
determined to be in the most immediate danger, Raspberry Island
Lighthouse and Outer Island Lighthouse. Between 1987 and 1991,
Outer Island suffered its highest rate of erosion and averaged
approximately one foot of bank loss per year. The erosion at
the Raspberry Island Light Station has been more sporadic.
However, heavy spring rains in 1991 caused significant erosion
at Raspberry Island and resulted in some mass wasting of the
slope directly in front of the light station structures.
The Fiscal Year 1999 Department of the Interior
appropriations provided $215,000 for the rehabilitation of the
historic lighthouses, and this funding will pay for preliminary
engineering assessments to secure design alternatives for
addressing the stabilization of both lighthouses. The
alternatives are currently at the 30% completion stage and are
under review by the National Park Service. The President's
Fiscal Year 2001 budget request includes $1.36 million for
repairs to the Raspberry Island Light Station. The final
construction documents should be completed and ready for
advertising in January 2001, subject to availability of funds.
There is an immediate need to take action on the erosion
problems adjacent to the Raspberry and Outer Island Light
Stations. Erosion has advanced to within 30 feet and 50 feet of
the shoreward structures on Raspberry and Outer Islands,
respectively. Failure to act promptly could result in damage to
or the loss of the structures, possibly with the next high
water cycle on Lake Superior. Some evidence indicates that
damage may already be occurring at Outer Island. The
engineering studies indicate that a return to the high lake
levels of the mid-1980s and of excessively wet weather could
result in significant loss of resources on Raspberry Island
within 10 years and at Outer Island within 10 to 20 years.
Section 2 also amends the park's enabling legislation to
authorize cooperative agreements to aid in the protection and
preservation of park resources and to aid in the development of
facilities in order to provide appropriate recreation. This
would ensure that the lakeshore has the legislative authority
to effectively enlist the assistance of many of its partners
currently interested and willing to help in the long-term
management and preservation of the lakeshore's nationally
significant natural, cultural, and recreational resources.
Section 2(g) authorizes an offset from the Department of
Energy, Clean Coal Technology, to pay for the wilderness study
and stabilization of the lighthouses. The Department of Energy
advises that it opposes the use of prior appropriated Clean
Coal Technology program funds for this purpose and that these
funds are still necessary to meet contractual obligations with
industrial cost-sharing partners for ongoing Clean Coal
Technology projects. We prefer to fund these projects through
the studies and construction accounts of the National Park
Service and recommend that the provision be amended
accordingly.
This concludes my testimony. I would be happy to answer any
questions that you or members of the subcommittee may have.
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. 134, 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 Islands National
Lakeshore in the State of Wisconsin, and for other purposes
* * * * * * *
SEC. 6. MANAGEMENT.
[Sec. 6. The lakeshore] (a) In General._The lakeshore
shall be administered, protected, and developed in accordance
with 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 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) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with a Federal, State, tribal, or local
government agency or a nonprofit private entity if the
Secretary determines that a cooperative agreement would be
beneficial in carrying out section 7.
* * * * * * *