We have long considered this refuge an important area from many points of view, and we urge swift aproval of this wilderness bill by this Committee and the House of Representatives in order that Pelican Island can be the first Florida refuge to receive federal protection under the 1964 Wilderness Act, and lead the way for our other eleven wildlife refuges, three National Forests and the Everglades National Park. Mr. BARING. The gentleman from Wisconsin. Mr. KASTEN MEIER. Mr. Chairman, I would like to welcome our colleague to the committee as well. I would like to ask our colleague, I know that your bill differs from your colleague's bill, Mr. Rogers, insofar as—and that of the Department's recommendation insofar as it does not contain a section 3 which sets forth standards out of section 43 of the Wilderness Act, and I am wondering if you have any objection to the inclusion or addition of a section 3? Mr. FREY. NO, Mr. Kastenmeier, I don't. However, I do thinkand I am just checking here that our bill is identical with thatMr. KASTENMEIER. Of the Senate? Mr. FREY. Of the Senate bill. Mr. KASTEN MEIER. I can understand the genesis of your bill. Mr. KASTENMEIER. I was just wondering whether there is any particular objection to section 3? Mr. FREY. No, sir. Mr. BARING. The gentleman from Iowa. Mr. KYL. Mr. Frey, have you had any conversations with State officials regarding the possible connection with the Swamp Act? Mr. FREY. No. I heard your question and discussion with Mr. Rogers and outside of the fact that we have received no objection to it, we haven't had any direct communications with any State officials. Mr. KYL. I just make one other observation since this is the first time that you have appeared before us, and it is a pleasure to have you on this committee, we do have an individual who has through the years taken rather good care of the State of Florida, a highly esteemed colleague, Mr. Haley. Mr. FREY. Yes, sir. Mr. KYL. So you are in good hands. Thank you, Mr. Chairman. Mr. FREY. I think the people of the State of Florida have appreciated over the years the fine work that Congressman Haley has done. Mr. BARING. The gentleman from Arizona. Mr. STEIGER. Mr. Frey, do you know of any lands now administered by the State under the Swamp Act? Do you happen to have any knowledge if they do? Mr. FREY. Yes, I do. I was involved in the State government but to point out particularly what as of the moment I just couldn't give you specifics on it. Mr. STEIGER. Well, is there any particular reason-again only based on your own experience, is there any particular reason why the State couldn't do as good a job under the Swamp Act as under the Wilderness Act administered by the Federal Government? Mr. FREY. I would just have to get you a written statement on that. My answer to Mr. STEIGER. It is not necessary. I just wondered if you have any expertise. Mr. FREY. We have had some problems in the State over the years with the Swamp Act as you can imagine. No. 1, as to what it is, and No. 2, as to problems that have arisen under it. And I think it was the feeling of everyone including the State government as you can see from the lack of objection to it that this is the way to go. Mr. STEIGER. Well, I think that the Department's report, or letter rather, just touches on the matter that I am afraid is going to have to be resolved before the bill can be moved, and this is the State's position in this, because under the-as I understand the Swamp Act of 1850, this is really State land and until the State at least relases it why we, I think we would be in some jeopardy if we continued. I thank you, Mr. Chairman. Mr. BARING. The gentleman from Wyoming. Mr. WOLD. Mr. Chairman, I want to welcome my colleague, Mr. Frey, here and thank him for the fine testimony. Mr. Frey, I wanted to ask you, what current uses are being made of this area? Is this principally for bird watching operations now? Mr. FREY. Yes, John; sport fishing takes place around it, some bird watching, and that is about it. Mr. WOLD. Is there much solid ground involved or is it principally swamp? Mr. FREY. Well, it is mangrove which grows pretty high and then there is a growth underneath it, but a lot of roots where you can't walk, the water will come up and it goes down. It is the type of ground that you really can't do too much else with, I don't think. Mr. WOLD. It would be prime land though. Mr. FREY. Yes. Mr. KYL. Will the gentleman yield? Mr. WOLD. Yes. Mr. KYL. I do want to emphasize this once more, we will have to have a statement of the position of the State regarding these lands before we can do anything, and it is a subject which the State will want to investigate rather thoroughly because, of course, it is possible that there is even an oil deposit under these islands to which the State is entitled. If there is a possibility, in that instance, of course, we can go to some slant shaft drilling or something through provisions of legislation. But we have to have this particular matter cleared. I am sure Mr. Gottschalk will go into this a little more thoroughly, but I do want to emphasize we have to have some information from the State. Mr. FREY. Thank you, Mr. Kyl. We will get a statement from the State and place it in the record. Mr. BARING. Without objection, that will be placed in the record at this point. (The document follows:) Mr. JAMES APTHORP, AUGUST 11, 1969. Executive Director, Trustees of the Internal Improvement Fund, Elliot Building, Tallahassee, Fla. DEAR MR. APTHORPE: On June 19th, I introduced H.R. 12240, a bill to designate certain lands in the Pelican Island National Wildlife Refuge, Indian River County, as wilderness. An identical bill introduced by Senator Holland, S. 126, passed the Senate on May 23, 1969. This legislation has the complete support of the Department of the Interior, all the conservation groups in Florida and the various governmental agencies in Indian River County. I did not anticipate any difficulty for this legislation until my appearance on July 14th before the Public Lands Subcommittee of the Interior and Insular Committee. In view of the fifth paragraph of the letter from Interior Secretary Hickel, subcommittee members wanted to know what the State's position would be relative to these lands. At the present time, the Department's Bureau of Land Management is going ahead with its efforts to file an officially approved plat of survey. The remaining step is for the Trustees to adopt a resolution committing these lands, if obtained from the U.S. Government through the provisions of the Swamp Land Act of 1850, back to the Department of the Interior for designation as wilderness under the provisions of the Wilderness Act of 1964. As soon as this is accomplished, it is my belief that this legislation will be favorably reported by the full Interior and Insular Affairs Committee to the House for action. Please let me know if there is any additional information I can provide. I would appreciate it if this matter could be handled as quickly as possible. Most sincerely, LOU FREY, Jr. STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, Tallahassee, Fla., August 18, 1969. Hon. Lou FREY, Jr., Representative, District 5, Congress of the United States, Longworth House Office Building, Washington, D.C. DEAR CONGRESSMAN FREY: Thank you for your letter of August 11, 1969, advising of the status of H.R. 12240 introduced by you to designate certain lands in the Pelican Island National Wildlife Rufuge, Indian River County, as wilderness and your desire for a resolution from the Board committing the State lands in the proposed area for this purpose. On May 23, 1968, the Trustees entered into a 25 year lease agreement with the U.S. Fish and Wildlife Service, covering all of the lands and waters owned by the Trustees within a 4,760 acre area in the Indian River for use as a national wildlife refuge. A copy of this lease with map is enclosed for your reference. We are of the opinion that should any of the lands recently surveyed by the Bureau of Land Management be patented to the State under the Swamp Act of 1850 they would be subject to the existing lease agreement. This is based on the fact that the Swamp Act of 1850 vested title in the State as a grant in praesenti with an inchoate title to the lands until they were idenified as swamp lands by the Secretary of the Interior. I trust the above information and enclosures will prove useful to you in clarifying the position of the Board of Trustees with respect to your proposed wilderness bill. In the event I can assist you further regarding this matter, please advise. Sincerely, JAMES W. APTHORP, Executive Director. TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF TH STATE OF FLORIDA No. 2330 AGREEMENT FOR LEASE OF LANDS This agreement, made and entered into this 23rd day of May, A.D. 1968, by and between the Trustees of the Internal Improvement Fund of the State of Florida, Tallahassee, Florida, hereinafter styled the Trustees, their successors and assigns, which lease agreement was authorized at meeting of May 21, 1968, and the Bureau of sport Fisheries and Wildlife, U.S. Fish and Wildlife Service, Department of the Interior, hereinafter referred to as the Bureau. Witnesseth: 1. In consideration of the mutual benefits hereinafter specified, the Trustees by these presents do hereby demise and lease unto the Bureau, subject to the provisions hereinafter set forth, all of the lands and waters owned by them situate and being in the County of Indian River, State of Florida, which lie within the following described area : "Beginning at a point in the Indian River on the east right-of-way boundary line of the Intracoastal Waterway, opposite the first navigation light north of the causeway leading from Wabasso to Wabasso Beach; thence northwesterly with the east right-of-way line of the Intracoastal Waterway, a distance of 34,632 feet to a point opposite the navigation light which is located 3,331 feet southeasterly of the Indian River-Brevard County line; thence due East, approximately 9,800 feet to a point in the bulkhead line established in 1963; thence with the same, S. 25°14'51" E., approximately 9,200 feet to a pipe on eastern shoreline of Indian River, at its intersection with the township line between Ts. 30 and 31 S., R. 39 E., being 1,216 feet west of the corner common to Secs. 33, 34, 3 and 4, respectively, of said townships; thence with the bulkhead line approved in 1958, with, in order, the east shoreline of Indian River the East one-sixteenth line of Sec. 4, T. 31 S., R. 39 E., to its intersection with the south shore of Big Slough, then continuing with the east shoreline of Indian River, Spratt Creek, and East Channel to a point which is N. 45° E. approximately 560 feet from the point on the easterly right-of-way boundary line of the Intracoastal Waterway, heretofore described as the Point of Beginning; thence S. 45° W., 560 feet to the Point of Beginning." The above described area, containing approximately 4,760 acres of shallow bay bottoms, spoil islands, and mangrove islands, is delineated on attached map Exhibit "A". 2. The lands are subject to the following: (a) Easements, if any, for all roads, drainage ditches, and public utilities as may now be located on and across the premises. (b) The reservation by the Trustees of oil, gas and other minerals, together with the necessary rights of ingress and egress to explore for, mine, drill, and produce oil, gas, and other mineral resources. 3. The following terms and conditions shall govern the lease of said land and water areas as hereinbefore provided: (a) The said lease shall be for a 10-year period, commencing July 1, 1968, and shall expire on June 30, 1978, with option to renew for an additional period of 15 years upon written agreement of both parties. (b) The consideration for this lease shall be the mutual benefits to be derived from the protection of fish and wildlife resources. (c) All facilities and appurtenances thereunto belonging placed on the land heretofore described and necesasry to the exercise of the privileges granted by this lease shall remain the property of the Bureau and it shall have the pirvilege of removing same within 90 days after the termination of this lease, provided that if such facilities are not removed within 90 days after the termination of this lease, then the said facilities shall become the property of the Trustees. 4. The said land and water areas shall be used only as and for a national wildlife refuge and the Bureau is hereby authorized to posts, police and protect the wildlife resources therein, except that such use by the Bureau shall in no way limit the right of the public to use the area for navigation, boating, bathing, shell fishing, and commercial and sport fishing. 5. The rights granted herein shall not infringe upon the valid riparian rights of adjacent private landowners, including rights of access and navigation, as provided by applicable State laws and regulations. 6. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, after his election or appointment and either before or after he has qualified and during his continuance in office, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. (Section 3741, Revised Statutes, and Sections 114, 116, Act of March 4, 1919. 7. That this contract shall not be assigned in whole or in part without the written consent of the Trustees. In testimony whereof, the said Trustees of the Internal Imporvement Fund of the State of Florida have hereunto subscribed their names and have caused the official seal of said Trustees to be hereunto affixed, in the City of Tallahassee, Florida, on this the 23rd day of May, A.D. 1968. As and constituting the Trustees of the Internal Improvement Fund of the Trustees Internal Improvement Fund The foregoing lease, covering the land therein described and subject to the conditions therein stated, is accepted on behalf of the United States of America this 11th day of June, 1968. THE UNITED STATES OF AMERICA, Bureau of Sport Fisheries and Wildlife, Fish and Wildlife Service. FLORIDA HOUSE OF REPRESENTATIVES, Hon. LOUIS FREY, Jr., House of Representatives, House Office Building, Washington, D.C. DEAR MR. FREY: Representative Davis asked that I send you our latest draft of a bill relating to the Pelican Island Wildlife Refuge, said enclosed. As you can see by the Bill Drafting Request, it is in the process of being redrafted to incorporate all noted changes. Mr. Bill Williams, of the Internal Improvement Trust Fund, has assured me that he is today sending you a copy of the Pelican Island lease to the Federal Government as well as a map of the area. Sincerely, (Mrs.) SANDIE GIFFORD, Secretary to Representative BILL DRAFTING REQUEST Charles E. Davis, Jr. SEPTEMBER 23, 1969. Please redraft the attached Pelican Island Wildlife Refuge Bill, your file number 2489, to include all changes noted (those in parenthesis and underlined as well as the marginal notes). CHARLES E. DAVIS, Jr. A BILL To be entitled "An act relating to Indian River County; establishing an aquatic preserve upon the expiration of a certain lease; providing an effective date" Be It Enacted by the Legislature of the State of Florida: SECTION 1. Upon the expiration or termination of that certain lease #2330 dated May 23, 1968, or any subsequent lease or renewal thereof entered into under the terms of lease #2330 dated May 23, 1968, between the board of trustees of the internal improvement trust fund of the State of Florida and the bureau of sports fisheries and wildlife, U.S. fish and wildlife service, (U.S.) department of the interior (whichever event shall first occur), there (is hereby designated and) established an aquatic preserve to be known as the Pelican Island aquatic preserve, on state-owned (sovereignty submerged) lands located in Indian River County, and described as follows: 53-186-71—11 |