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Congaree National Park Act of 2003 (Introduced in Senate)
S 1313 IS
108th CONGRESS
1st Session
S. 1313
To establish the Congaree Swamp National Park in the State of South Carolina, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 23, 2003
Mr. HOLLINGS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish the Congaree Swamp National Park in the State of South Carolina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Congaree National Park Act of 2003'.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) Congaree Swamp National Monument, consisting of 22,200 acres, was established in 1976 to preserve the finest remaining example of an old-growth southern hardwood forest in North America;
(2) Congaree Swamp contains a variety of rare ecological, geological, archaeological, scenic, historical, and wildlife components, including--
(A) the largest remaining tract of old-growth bottomland hardwood forest in the United States, the remnant of an ecosystem that once covered more than 24,000,000 acres of river bottom from Maryland to Texas;
(B) extensive stands of old-growth bottomland hardwoods and rare examples of the globally endangered longleaf pine forest;
(C) important habitat for more than 700 species of plants, 173 species of birds, 51 kinds of reptiles and amphibians, and 53 species of fish (including rare, threatened, and endangered species), and 10 species of rare plants; and
(D) a natural setting of national and international significance;
(A) provides opportunities for educational and recreational activities and research; and
(B) is used for hiking, camping, fishing, and unconfined wilderness experiences (including opportunities for solitude);
(4) certain private land adjacent to the Monument--
(A) has been determined by the State of South Carolina to contain outstanding recreational areas and wildlife habitat;
(B) provides essential habitat for declining species of fish, wildlife, and plants, including colonial waterbirds and neotropical migratory songbirds; and
(C) contains a variety of archaeological and historical resources dating from 10,000 years ago to the 19th century;
(5) the Monument and adjacent private land contain cultural resources important for interpreting life during the Colonial and Antebellum periods, including Buycke's levee, which--
(A) served as a cattle mound and a refuge for livestock; and
(B) has a doughnut-shaped construction, making it the only example of that type of construction known to exist; and
(6) land in and adjacent to the Monument is recognized--
(A) as playing an important role in the history of the United States from the explorations of Hernando de Soto to the fall of Columbia, South Carolina in the Civil War;
(B) for offering natural, ecological, wildlife, cultural, scenic, historic, wilderness, and recreational resources; and
(C) as being a fragile and irreplaceable ecological system that could be destroyed if not carefully protected.
(b) PURPOSES- The purposes of this Act are--
(1) to expand the boundary of the Monument by approximately 4,576 acres and redesignate the Monument as a national park to--
(A) protect and interpret an intact bottomland hardwood ecosystem;
(B) promote the recovery of longleaf pine in upland habitats;
(C) restore ecological functions; and
(D) protect native populations of fish, wildlife, and plants;
(2) to protect and interpret the site of McCord's Ferry and other cultural features that illustrate the evolving agricultural and commercial practices in the South during the Colonial and Antebellum periods; and
(3) to provide opportunities for scientific research and to enhance visitor opportunities at the Monument.
SEC. 3. DEFINITIONS.
(1) MAP- The term `map' means the map entitled `Congaree National Park Boundary Map', numbered 178/80015, and dated April 2003.
(2) PARK- The term `Park' means the Congaree National Park established by section 4(a).
(3) PLAN- The term `plan' means the general management plan developed under section 5(b).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) STATE- The term `State' means the State of South Carolina.
SEC. 4. ESTABLISHMENT OF CONGAREE NATIONAL PARK.
(a) ESTABLISHMENT- There is established in the State the Congaree National Park.
(b) COMPOSITION- The Park shall be composed of--
(1) the Congaree Swamp National Monument; and
(2) approximately 4,576 acres of land adjacent to the Congaree Swamp National Monument, as depicted on the map.
(c) BOUNDARY SURVEY- As soon as practicable after the date of enactment of this Act and subject to the availability of funds, the Secretary shall complete an official survey of the Park.
(d) MAP AND LEGAL DESCRIPTION-
(1) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(2) SUBMISSION TO CONGRESS- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the map and a legal description of the Park.
(3) EFFECT- The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct any errors in the map or legal description.
(e) ACQUISITION OF LAND- The Secretary may acquire by donation, purchase from a willing seller with donated or appropriated funds, transfer, or exchange, land or an interest in land for inclusion in the Park.
(1) IN GENERAL- Subject to paragraph (2), the Secretary may make minor revisions to the boundary of the Park by publishing in the Federal Register a revised map or boundary description.
(2) LIMITATION- The total area of the Park shall not exceed 30,000 acres.
SEC. 5. ADMINISTRATION.
(a) IN GENERAL- The Secretary shall administer the Park in accordance with this Act and the laws generally applicable to units of the National Park System, including--
(1) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and
(2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(b) GENERAL MANAGEMENT PLAN-
(1) IN GENERAL- Not later than the end of the third fiscal year after the date on which funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the Park.
(2) INCLUSIONS- The plan shall include a recommendation on whether the boundary of the Congaree National Park Wilderness should be expanded.
(3) APPLICABLE LAW- The Secretary shall prepare the plan in accordance with--
(A) section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)); and
(B) any other applicable law.
(4) SUBMISSION TO CONGRESS- On completion of the plan, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the plan.
(1) IN GENERAL- The Secretary shall permit sport fishing on land and water within the Park in accordance with applicable Federal and State laws.
(A) REGULATIONS- The Secretary may designate by regulation areas in which, and periods during which, no fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment of the Park.
(B) CONSULTATION- Except in an emergency, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A).
SEC. 6. DESIGNATION OF CONGAREE NATIONAL PARK WILDERNESS.
(a) IN GENERAL- The Congaree Swamp National Monument Wilderness in the State shall be designated as the `Congaree National Park Wilderness'.
(b) REFERENCES- Any reference to the Congaree Swamp National Monument Wilderness in a law (including regulations), map, document, paper, or other record of the United States shall be considered to be a reference to the Congaree National Park Wilderness.
SEC. 7. EFFECT.
(1) affects the use of private land adjacent to the Park; or
(2) preempts the authority of the State with respect to the regulation of hunting, fishing, boating, and wildlife management on private land or water outside the boundaries of the Park.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this Act.
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