[Senate Report 105-68]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 150
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-68
_______________________________________________________________________


 
  MARJORY STONEMAN DOUGLAS WILDERNESS AND ERNEST F. COE VISITOR CENTER
                            DESIGNATION ACT

                                _______
                                

               September 2, 1997.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 931]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 931) to designate the Marjory Stoneman 
Douglas Wilderness and the Ernest F. Coe Visitor Center, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 931 is to designate the ``Marjory 
Stoneman Douglas'' Wilderness and the ``Ernest F. Coe'' Visitor 
Center in Everglades National Park.

                          Background and Need

    This measure would designate wilderness that currently 
exists in Everglades National Park as the Marjory Stoneman 
Douglas Wilderness and would name a visitor center in 
Everglades City after Mrs. Douglas as well as name a new 
visitor center at the Everglades headquarters, the Ernest F. 
Coe Visitor Center.
    Everglades National Park was dedicated in 1947 after 
President Franklin Roosevelt signed legislation in 1934, 
authorizing the Secretary of the Interior permission to select 
an area for the site of the park. Everglades National Park 
consists of 1.5 million acres. The park is known for its 
diverse wildlife and the unusual wetland habitat that sustains 
the various wildlife populations. The park is populated by 
crocodiles, alligators, rare manatees, eagles and a variety of 
fish species. It provides habitat for 13 species of endangered 
birds. Much of this habitat is the result of the park's 1.3 
million acres of wilderness, including prairies, salt marshes, 
mangroves and bays. Everglades' wilderness is the largest 
subtropical wilderness in the continental United States.
    The two individuals commemorated in this measure figured 
importantly in the events leading up to the establishment of 
the park. In the years following creation of the park, Mrs. 
Douglas and Mr. Coe continued to contribute significantly to 
the protection of the Everglades.
    Marjory Stoneman Douglas was born April 7, 1890 in 
Minnesota and graduated with honors from Wellesley College. She 
relocated to southern Florida and started working for her 
father'snewspaper, the Miami Herald, in 1915. During her tenure 
with the paper, she became a writer of note and a social activist.
    In 1947, Douglas published her book, The Everglades: River 
of Grass which increased notoriety for the Everglades and 
resulted in marshaling citizen support for the park. In the 
1950's as the Corps of Engineers began building a system of 
canals, levees, dams and pump systems, Douglas recognized that 
the health of the Everglades was linked to the flow of water 
from Lake Okeechobee and the Kissimee River, which feeds the 
lake. She went on to make the public, politicians and 
government agencies aware that without provision for the 
naturally recurring flooding, the health of the Everglades 
would remain at risk. In 1970, at 80 years of age, she 
organized the Friends of the Everglades to increase political 
potency on behalf of the Everglades.
    Mrs. Douglas, who is 107 years old this year, received the 
Medal of Freedom (America's highest civilian honor) in 1992 in 
recognition of her career-long commitment to the cause of 
Everglades preservation. A revised edition of Everglades: River 
of Grass was published in 1987 to continue to draw attention to 
the preservation needs of the Everglades resource.
    This measure would name the park's wilderness after Mrs. 
Douglas to commemorate her contribution over several decades to 
the creation and welfare of the park.
    Ernset F. Coe, a landscape architect, moved to Miami in 
1925, about the time Senator Trammel of Florida was introducing 
legislation calling for a study of the Everglades to determine 
if a portion would qualify as a national park. According to 
historians, Coe was overwhelmed with the beauty of the south 
Florida environment and became interested in finding a way to 
protect the wildlife, bird rookeries and hammocks from 
development or destruction.
    In 1928 Coe organized the Tropical Everglades National Park 
Association, an organization dedicated entirely to the creation 
of a south Florida national park and became its first executive 
secretary. Congress authorized the investigation of a specific 
area for the park in 1929--in 1930 a Park service study team 
visited the area. Their report went to Congress in 1930 and in 
1934 the Congress approved boundaries for the new national 
park, containing approximately 2 million acres of land. Coe 
continued to work for over two decades, making speeches, 
locating supporters, raised funding and contacted local and 
natural organizations to support the park. His original 
proposal for protection includes lands now within Everglades 
National Park, Big Cypress National Preserve and the Florida 
Keys National Marine Sanctuary.
    Coe died in 1951, known as the ``Father of the 
Everglades''.
    S. 931 directs that upon completion of the main park 
visitor center at Everglades headquarters, the Secretary of the 
Interior shall designate the facility, the ``Ernest F. Coe 
Visitor Center.''

                          Legislative History

    S. 931 was introduced by Senators Graham and Mack on June 
17, 1997 and was referred to the Committee on Energy and 
Natural Resources. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 931 on June 
26, 1997.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on July 30, 1997, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 931 without 
amendment.
    The roll call vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns*
Mr. Bumpers
Mr. Ford
Mr. Bingaman*
Mr. Akaka
Mr. Dorgan
Mr. Graham
Mr. Wyden
Mr. Johnson
Ms. Landrieu*

    * Indicates voted by proxy.

                      Section-by-Section Analysis

    Section 1 entitles the bill, the ``Marjory Stoneman Douglas 
Wilderness and Ernest F. Coe Visitor Center Designation Act.''
    Section 2 contains several Congressional findings and 
states that the purpose of the Act is to commemorate the 
vision, leadership and contributions made by Mrs. Douglas and 
Mr. Coe in the protection of the Everglades and establishment 
of Everglades National Park.
    Section 3(a) amends section 401(3) of Public Law 95-625 to 
rename the Everglades Wilderness to the new designation, 
Marjory Stoneman Douglas Wilderness.
    Section (b) directs the Secretary of the Interior to 
provide notice of the redesignation established in Section 3(a) 
on appropriate signs, materials, maps, markers, interpretive 
programs and by other means.
    Section (c) directs that any reference in law, regulation, 
document, record, mao or other paper of the United States to 
the Everglades Wilderness shall be legally deemed a reference 
to the Marjory Stoneman Douglas Wilderness.
    Section 4 amends section 103 of the Everglades National 
Park Protection and Expansion Act of 1989 (the 1989 Act) by 
adding a new subsection, which provides that upon completion of 
a new headquarters visitor center at Everglades National Park, 
the Secretary of the Interior shall designate that facility as 
the Ernest F. Coe Visitor Center.
    Section 5 amends section of the 1989 Act to make technical 
and clarifying corrections.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 5, 1997.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, United States 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 931, the Marjory 
Stoneman Douglas Wilderness and Ernest F. Coe Visitor Center 
Designation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

S. 931--Marjory Stoneman Douglas Wilderness and Ernest F. Coe Visitor 
        Center Designation Act

    S. 931 would redesignate the Everglades Wilderness in 
Florida as the Marjory Stoneman Douglas Wilderness. The 
Secretary of the Interior would be required to notify the 
public of the change by creating or modifying signs, maps, and 
other materials. The bill also would name the new visitor 
facility at the Everglades National Park the Ernest F. Coe 
Visitor Center.
    CBO estimates that the cost to the federal government of 
implementing S. 931--primarily by revising existing signs and 
other materials--would be negligible. The bill would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. S. 931 contains no private-sector 
or intergovernmental mandates as defined in the Unfunded 
Mandates Reform Act of 1995 and would not affect the budgets of 
state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis, 
who can be reached at 226-2860. The estimate was approved by 
Robert A. Sunshine, 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. 931. 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. 931, as ordered reported.

                        Executive Communications

    On August 1, 1997, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 931. These reports 
had not been received at the time the report on S. 931 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony of the Department of 
the Interior at the Subcommittee hearing follows:

 Statement of Katherine H. Stevenson, Associate Director for Cultural 
    Resources, Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Thank you for the opportunity to offer the Department of 
the Interior's views on S. 931, a bill to amend the National 
Parks and Recreation Act of 1978 to designate the Marjory 
Stoneman Douglas Wilderness and to amend the Everglades 
National Park Protection and Expansion Act of 1989 to designate 
the Ernest F. Coe Visitor Center.
    We support this effort by Congress to recognize the two 
mightiest protagonists of South Florida's river of grass. Ms. 
Douglas and Mr. Coe led the charge to establish Everglades 
National Park and raise public awareness to restore its 
vitality.
    Everglades National Park, dedicated in 1947, preserves the 
subtropical region at the southern tip of Florida. Everglades 
National Park, consisting of 1.5 million acres, has been 
nominated by the United States and accepted by the world 
community as a World Heritage Site, a Wetland of International 
Significance, and a Biosphere Reserve in recognition of its 
international significance. It is the only site in the United 
States that has received all three designations which, while 
not supplanting United States jurisdiction or management, do 
serve to underscore the superlative qualities of the park on a 
global scale. The park is well-known for its diverse and unique 
wildlife, including wading birds, eagles, manatees, turtles, 
and various fish species. It is the only place in the world 
where alligators and crocodiles exist side by side. The park 
has 13 species of endangered birds. It has open prairies and 
extensive saltwater areas with sawgrass marshes, mangroves, and 
shallow bays. Its 1.3-million acres of wilderness make it the 
largest subtropical wilderness in the continental United 
States.
    In 1926 and again in 1928, Senator Park Trammel of Florida 
introduced legislation calling for an investigation of the 
Everglades to determine if a portion could qualify as a 
national park. The National Park Service had made some 
preliminary inquiries into the matter when Ernest Francis Coe, 
a landscape architect, came forward to champion the idea of 
creating a national park in southern Florida. Coe came to 
Coconut Grove from New England in 1925 and was overwhelmed with 
the natural beauty and wildlife of the Cape Sable and Ten 
Thousands Islands area. He wanted to find some way to protect 
the bird rookeries and hammocks from hunters and developers, 
and the establishment of a national park seemed like an ideal 
solution.
    On May 31, 1928, Doe met with Arno B. Cammerer, Assistant 
Director of the National Park Service, to discuss his project. 
Cammerer only agreed to have the National Park Service study 
the area if Congress appropriated funds for such an 
undertaking. Doe promised to contact Senator Trammel and said 
he would prepare articles for submittal to popular magazines to 
publicize the area.
    In December 1928, Senator Fletcher of Florida introduced a 
bill in Congress to designate the Tropic Everglades National 
Park. Soon after, in Miami, Ernest Coe formed an organization 
which later became known as the Tropic Everglades National Park 
Association. Coe was elected Secretary and continued supporting 
efforts to make the area a national park. President Roosevelt 
signed legislation on May 30, 1934, that granted the Secretary 
of the Interior permission to select an area for a national 
park in certain counties of southern Florida.
    On December 6, 1996, which marked the beginning of the 50th 
year celebration of the park's establishment, the National Park 
Service administratively dedicated the Ernest F. Coe Visitor 
Center in recognition of his pivotal role as ``The Father of 
Everglades National Park.''
    The 1947 Marjory Stoneman Douglas published her landmark 
book, The Everglades: River of Grass, which greatly increased 
interest in and concern for the Everglades. Ms. Douglas, who 
celebrated her 107th birthday on April 6, symbolizes the 
struggle to save the Everglades. In 1994 President Clinton 
awarded her the Medal of Freedom, the Nation's highest civilian 
award.
    Ms. Douglas has long, often, and publicly stated her wish 
to have Coe's efforts suitably commemorated at the park. She 
has expressed, through her associate Dr. Sharon T. Richardson, 
her support for and delight with the idea of both designations. 
Dr. Richardson has added her opinion that, ``Nothing could mark 
her life more suitably than to give her name to this 
resplendent wilderness.''
    Mr. Chairman, we could only wish to echo this sentiment and 
add that, in our view, nothing could be more appropriate during 
this 50th anniversary year of Everglades National Park, than 
the commemoration of these two legends as proposed in S. 931.

                        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. 931, 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):

                          TITLE IV--WILDERNESS

                          designation of areas

    Sec. 401. The following lands are hereby designated as 
wilderness in accordance with section 3(c) of the Wilderness 
Act (78 Stat. 890; 16 U.S.C. 1132(c)), and shall be 
administered by the Secretary in accordance with the applicable 
provisions of the Wilderness Act:
          (1) Buffalo National River, Arkansas, wilderness 
        comprising approximately ten thousand five hundred and 
        twenty-nine acres and potential wilderness additions 
        comprising approximately twenty-five thousand four 
        hundred and seventy-one acres depicted on a map 
        entitled ``Wilderness Plan, Buffalo National River, 
        Arkansas'', numbered 173-20,036-B and dated March 1975, 
        to be known as the Buffalo National River Wilderness.
          (2) Carlsbad Caverns National Park, New Mexico, 
        wilderness comprising approximately thirty-three 
        thousand one hundred and twenty-five acres and 
        potential wilderness additions comprising approximately 
        three hundred and twenty acres, depicted on a map 
        entitled ``Wilderness Plan, Carlsbad Caverns National 
        Park, New Mexico,'' numbered 130-20,003-B and dated 
        January 1978, to be known as the Carlsbad Caverns 
        Wilderness. By January 1, 1980, the Secretary shall 
        review the remainder of the park and shall report to 
        the President, in accordance with section 3 (c) and (d) 
        of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) 
        and (d)), his recommendations as to the suitability or 
        nonsuitability of any additional areas within the park 
        for preservation as wilderness, and any designations of 
        such areas as wilderness shall be accomplished in 
        accordance with said subsections of the Wilderness Act.
          (3) Everglades National Park, Florida, wilderness 
        comprising approximately one million two hundred and 
        ninety-six thousand five hundred acres and potential 
        wilderness additions comprising approximately eighty-
        one thousand nine hundred acres, depicted on a map 
        entitled, ``Wilderness Plan, Everglades National Park, 
        Florida'', numbered 160-20,022 and dated June 1974, [to 
        be known as the Everglades Wilderness] to be known as 
        the Marjory Stoneman Douglas Wilderness, to commemorate 
        the vision and leadership shown by Mrs. Douglas in the 
        protection of the Everglades and the establishment of 
        the Everglades National Park.
                              ----------                              


              TITLE I--EVERGLADES NATIONAL PARK EXPANSION

SEC. 101. FINDINGS, PURPOSES AND DEFINITION OF TERMS.

    (a) Findings.--The Congress makes the following findings:
          (1) The Everglades National Park is a nationally and 
        * * *
          * * * * * * *

SEC. 103. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the areas 
within the addition in accordance with this Act and other 
provisions of law applicable to the Everglades National Park, 
and with the provisions of law generally applicable to units of 
the national park system, including the Act entitled ``An Act 
to establish a National Park Service, and for other purposes'', 
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4). In 
order to further preserve and protect Everglades National Park, 
the Secretary shall utilize such other statutory authority as 
may be available to him for the preservation of wildlife and 
natural resources as he deems necessary to carry out the 
purposes of this Act.
    (b) Protection of Ecosystem.--The Secretary shall manage 
the park in order to maintain the natural abundance, diversity, 
and ecological integrity of native plants and animals, as well 
as the behavior of native animals, as a part of their 
ecosystem.
    (c) Protection of Flora and Fauna.--The park shall be 
closed to the operation of airboats--
          (1) except as provided in subsection (d); and
          (2) except that within a limited capacity and on 
        designated routes within the addition, owners of record 
        of registered airboats in use within the addition as of 
        January 1, 1989, shall be issued nontransferable, 
        nonrenewable permits, for their individual lifetimes, 
        to operate [personnally-owned] personally-owned 
        airboats for non-commercial use in accordance with 
        rules prescribed by the Secretary to determine 
        ownership and registration, establish uses, permit 
        conditions, and penalties, and to protect the 
        biological resources in the area.

              TITLE I--EVERGLADES NATIONAL PARK EXPANSION

SEC. 101. FINDINGS, PURPOSES AND DEFINITION OF TERMS.

    (a) Findings.--The Congress makes the following findings:
          (1) The Everglades National Park is a nationally and 
        inter-
          * * * * * * *

SEC. 103. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the areas 
within the addition in accordance with this Act and other 
provisions of law applicable to the Everglades National Park, 
and with the provisions of law generally applicable to units of 
the national park system, including the Act entitled ``An Act 
to establish a National Park Service, and for other purposes'', 
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4). In 
order to further preserve and protect Everglades National Park, 
the Secretary shall utilize such other statutory authority as 
may be available to him for the preservation of wildlife and 
natural resources as he deems necessary to carry out the 
purposes of this Act.
    (b) Protection of Ecosystem.--The Secretary shall manage 
the park in order to maintain the natural abundance, diversity, 
and ecological integrity of native plants and animals, as well 
as the behavior of native animals, as part of their ecosystem.
    (c) Protection of Flora and Fauna.--The park shall be 
closed to the operation of airboats--
          (1) except as provided in subsection (d); and
          * * * * * * *
    (e) [Visitor Center] Marjory Stoneman Doulgas Visitor 
Center._
    The Secretary is authorized and directed to expedite the 
construction of the visitor center facility at Everglades City, 
Florida, as described in the Development Concept Plan, Gulf 
Coast, dated February 1989, and upon construction shall 
designate the visitor center facility as ``The Marjory Stoneman 
Douglas Visitor Center'' in commemoration of the vision and 
leadership shown by Mrs. Douglas in the protection of the 
Everglades and Everglades National Park.
    (f) Ernest F. Coe Visitor Center.--On completion of 
construction of the main visitor center facility at the 
headquarters of Everglades National Park, the Secretary shall 
designate the visitor center facility as the ``Ernest F. Coe 
Visitor Center'', to commemorate the vision and leadership 
shown by Mr. Coe in the establishment and protection of 
Everglades National Park.