103D CONGRESS 2d Session SENATE REPORT 103-224 AMENDING THE EVERGLADES NATIONAL PARK FEBRUARY 7 (legislative day, JANUARY 25), 1994.-Ordered to be printed Mr. JOHNSTON, from the Committee on Energy and Natural REPORT [To accompany H.R. 3617] The Committee on Energy and Natural Resources, to which was referred the Act (H.R. 3617), to amend the Everglades National Park Protection and Expansion Act of 1989, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the Act do pass. PURPOSE The purpose of H.R. 3617, as ordered reported, is to authorize the Secretary of the Interior to assist in acquiring certain lands located to the east of Everglades National Park by providing not to exceed 25 percent of the cost of such acquisition. BACKGROUND AND NEED In 1989, the Congress enacted the Everglades National Park Protection and Expansion Act. The primary purpose of this legislation was to add approximately 107,600 acres to the park. The_area added to the park, the Northeast Shark River Slough/East Everglades area (East Everglades), was to be managed by the Secretary to increase the level of protection for the outstanding natural values of the park and to enhance and restore the ecological values, natural hydrological conditions and public enjoyment of the area. In addition to the change in the park boundary, the legislation also authorized modifications to the Central and Southern Florida Project—a massive Corps of Engineers flood control, water delivery and water quality project-to provide for improved water deliveries into the park. These modifications in the project were necessary to increase water flows through that portion of the Shark River Slough added to the park as a result of that legislation. At the time the legislation was passed, concerns were raised that these project modifications to improve the historical flows of water through the east Shark River Slough would have an adverse effect on adjacent agricultural and residential areas by increasing the likelihood of flooding. These areas included the "Eight and OneHalf Square Mile Area"; "Rocky Glades Agricultural Area"; and the "Frog Pond." As a result, the Secretary of the Army was authorized to construct and implement a flood control system for the areas determined to be adversely affected. Funding for this system was to come from the National park service budget with the Corps of Engineers directed to do the actual construction based on its determination that the lands were threatened as a direct result of the increased water levels through the East Shark River Slough. Since 1989 some $18.7 million has been appropriated to the Park Service and passed along to the Corps for flood control purposes to protect these lands. However, none of these funds have been expended. Since the enactment of the 1989 legislation, the condition of the Park, and Florida Bay in particular, has deteriorated significantly. The Department of the Interior, the State of Florida, and the South Florida Water Management District have now determined that acquiring these lands and allowing them to flood will provide the most benefit to the Park and may prove to be a more cost-effective alternative than constructing flood control structures and further modifying and restricting the flow of water through the park. Consequently, H.R. 3617 amends the 1989 Act to permit the Secretary to use funds appropriated for purposes of the 1989 Act (including the $18.5 million previously appropriated for flood control purposes) as all or a portion of the Federal share of the cost of acquiring the Frog Pond, Rocky Glades Agricultural Area, and the Eightand-One-Half-Square-Mile Area. LEGISLATIVE HISTORY H.R. 3617 passed the House of Representatives by a voice vote on November 23, 1993. Identical legislation, S. 1631, was introduced by Senators Graham and Mack on November 5, 1993. The same language was also included in H.R. 2620, which passed the house by a voice vote on November 15, 1993. The Subcommittee on Public Lands, National Parks and Forests held a hearing on S. 1631 on November 18, 1993. At the business meeting on February 2, 1994, the Committee on Energy and Natural Resources ordered H.R. 3617 favorably reported. COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES The Committee on Energy and Natural Resources, in open business session on February 2, 1994, by a unanimous vote of a quorum present, recommends that the Senate pass H.R. 3617 as described herein. The roll call vote on reporting the measure was 20 yeas, 0 nays, as follows: Section 1 of H.R. 3617 adds a new subsection (k) to section 104 of the 1989 Act. Paragraph (k)(1) authorizes the Secretary of the Interior to use funds appropriated pursuant to the 1989 Act, including any available funds appropriated to the Park Service for construction in the Department of the Interior and Related Agencies Appropriations Acts for fiscal years 1991-94 for project modifications by the Army Corps of Engineers, in such amounts as determined by the Secretary, to provide Federal assistance to the State of Florida or political subdivisions thereof, for the acquisition of lands described in paragraph (4). Paragraph (2) provides that the Federal contribution may not exceed 25 percent of the total cost of the land acquisition authorized by this section. Paragraph (3) requires that the Federal funds made available be transferred to the State of Florida or a political subdivision thereof, subject to an agreement that any lands acquired with such funds be managed in perpetuity for the restoration of natural water flows to the park or Florida Bay. Paragraph (4) identifies the lands referred to in paragraph (1) as the Frog Pond, Rocky Glades Agricultural Area, and Eight-andOne-Half-Square-Mile Area. The Committee notes that this Act does not authorize the use of Federal eminent domain authority nor does it create a federal buffer zone outside of the park. 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, Hon. J. BENNETT JOHNSTON, DEAR MR. CHAIRMAN: The Congressional Budget Office has reviewed H.R. 3617, an act to amend the Everglades National Park Protection and Expansion Act of 1989, and for other purposes, as ordered reported by the Senate Committee on Energy and Natural Resources on February 2, 1994. CBO estimates that this act would result in no additional cost to the federal government. Enactment of H.R. 3617 would not affect direct spending or receipts. Therefore, pay-as-you-go procedures would not apply to the legislation. H.R. 3617 would authorize the Secretary of the Interior to use any funds appropriated for the Everglades National Park through 1994 to provide federal assistance to the state of Florida. Funds provided to the state or other political subdivision could be used to pay 25 percent of the costs of acquiring lands that are needed to restore natural water flows to the park. Because this provision would merely earmark funds that have already been appropriated for the Everglades, no additional expenditure would occur during fiscal year 1994, though the National Park Service (NPS) would have to reduce its 1994 spending on other activities. Over time, spending for financial assistance to the state would probably be more than offset by savings in the total cost of the Everglades project. Specifically, CBO estimates that the NPS could provide about $18 million to Florida from amounts appropriated through 1994. If, as CBO expects, the state uses this money to acquire the property known as the Eight-and-One-Half-SquareMile Area, which would be managed for restoration of natural water flows to the park, the federal government would be able to forgo construction of a levy and related facilities in the area. This would result in savings to the federal government of about $30 million over the life of this project. If the state were to use the federal contribution to buy land in either of two other areas cited in the legislation, we would expect no similar offsets to federal spending. Enactment of this legislation would not affect the budgets of state and local governments. On November 15, 1993, CBO prepared a cost estimate for H.R. 2620, a bill to authorize the Secretary of the Interior to acquire certain lands in California through an exchange pursuant to the Federal Land Policy and Management Act of 1976, as ordered reported by the House Natural Resources Committee on November 10, 1993. Our estimate for section 4 of that bill was identical to the above estimate for H.R. 3617. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Deborah Reis. Sincerely, ROBERT D. REISCHAUER, Director. 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 H.R. 3617. The Act 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 H.R. 3617, as ordered reported. EXECUTIVE COMMUNICATIONS On November 9, 1993, the Committee on Energy and Natural Resources requested legislative reports from the Army Corps of Engineers, the Department of the Interior and the Office of Management and Budget setting forth Executive agency recommendations on S. 1631, the Senate companion bill. These reports had not been received at the time the report on H.R. 3617 was filed. When the reports become availble, the Chairman will request that they be printed in the Congressional Record for the advice of the Senate. The testimony provided by the Department of the Interior at the Subcommittee hearing follows: STATEMENT OF BONNIE COHEN, ASSISTANT SECRETARY OF THE INTERIOR FOR POLICY, MANAGEMENT AND BUDGET Chairman Bumpers, Vice Chairman Murkowski, and esteemed members of the Subcommittee, thank you for inviting me here today to testify on S. 1631, a bill which Senators Graham and Mack have introduced to amend the Everglades National Park Protection and Expansion Act of 1989 to allow funds previously appropriated for flood control in lands to the east of the Everglades to be used instead for acquisition and flooding of those same lands. I am joined here today by Richard Ring, Superintendent of Everglades National Park. I want to say, first and foremost, that the Department supports S. 1631. This is a proposal that the State and the entire Florida delegation in complete bipartisan agreement has urged us to support. I am happy to commit the Department of the Interior to this undertaking. As the Department of the Interior's Chief Financial Officer in a challenging time when the nation demands that we take steps to make the most of limited resources, I am even happier to be supportive of a proposed land acquisition in which the federal government is a partner with state and local government. |