S 1143 IS

To designate the Jupiter Inlet Lighthouse and the surrounding Federal land in the State of Florida as an Outstanding Natural Area and as a unit of the National Landscape System, and for other purposes.CommentsClose CommentsPermalink

April 18, 2007

Mr. NELSON of Florida (for himself and Mr. MARTINEZ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To designate the Jupiter Inlet Lighthouse and the surrounding Federal land in the State of Florida as an Outstanding Natural Area and as a unit of the National Landscape System, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Jupiter Inlet Lighthouse Outstanding Natural Area Act of 20078'. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.Congress finds that--(1) the area surrounding the Jupiter Inlet Lighthouse in the State of Florida--(A) is at the confluence of the Loxahatchee River and the Indian River Lagoon; and(B) supports significant ecological values, including--(i) endangered species of flora and fauna; and(ii) imperiled natural communities rapidly vanishing in south Florida;(2) the area surrounding the Lighthouse was first used by Native Americans over 4,000 years ago;(3) Europeans made contact with the area surrounding the Lighthouse in the 17th century;(4) the Lighthouse and the associated Oil House, which was constructed in 1860, are nationally recognized historical structures that should be preserved for present and future generations of people in the United States;(5) the Lighthouse tells an important story about--(A) the maritime history of southeast Florida;(B) the prehistory and history of southeast Florida; and(C) the role of southeast Florida in the Civil War, World War II, and the creation of the National Weather Service;(6) the Lighthouse is listed on the National Register of Historic Places;(7) the Lighthouse has been, and continues to be, a physical manifestation of the commitment of the Federal Government to maritime safety and security;(8) the current operations and activities of the Coast Guard at Jupiter Inlet perpetuate the commitment described in paragraph (7);(9) the Jupiter Inlet Lighthouse Outstanding Natural Area--(A) would make a significant addition to the National Landscape Conservation System administered by the Bureau of Land Management; and(B) would be the only unit of the National Landscape Conservation System located east of the Mississippi River;(10) statutory protection is needed for the Lighthouse and the Federal land surrounding the Lighthouse to ensure that the natural and cultural resources continue to be--(A) a part of the historic, cultural, and natural heritage of the United States; and(B) a source of inspiration for the people of the United States;(11) the actions of the Federal Government to protect and conserve the land and historic structures associated with the Outstanding Natural Area should not be construed, interpreted, or allowed to diminish or control ongoing or future Coast Guard operations or activities; and(12) the Lighthouse and the Federal land surrounding the Lighthouse represent a true partnership of the highest order in which collaboration is, and would continue to be, an everyday reality leading to successful management and land stewardship by the Bureau of Land Management, Palm Beach County, Florida, the Town of Jupiter, Florida, the Village of Tequesta, Florida, the Loxahatchee River Historical Society, and the Coast Guard (collectively known as the `Jupiter Working Group') and other partners.SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) COMMANDANT- The term `Commandant' means the Commandant of the Coast Guard. CommentsClose CommentsPermalink





(2) LIGHTHOUSE- The term `Lighthouse' means the Jupiter Inlet Lighthouse located in Palm Beach County, Florida. CommentsClose CommentsPermalink





(3) LOCAL PARTNERS- The term `Local Partners' includes-- CommentsClose CommentsPermalink





(A) Palm Beach County, Florida; CommentsClose CommentsPermalink





(B) the Town of Jupiter, Florida; CommentsClose CommentsPermalink





(C) the Village of Tequesta, Florida; and CommentsClose CommentsPermalink





(D) the Loxahatchee River Historical Society. CommentsClose CommentsPermalink





(4) MANAGEMENT PLAN- The term `management plan' means the management plan developed under section 54(a). CommentsClose CommentsPermalink





(5) MAP- The term `map' means the map entitled `Jupiter Inlet Lighthouse: Outstanding Natural Area' and dated FebruaryOctober 29, 2007. CommentsClose CommentsPermalink





(6) OUTSTANDING NATURAL AREA- The term `Outstanding Natural Area' means the Jupiter Inlet Lighthouse Outstanding Natural Area established by section 43(a). CommentsClose CommentsPermalink





(7) PUBLIC LAND- The term `public land' has the meaning given the term `public lands' in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). CommentsClose CommentsPermalink





(8) SECRETARY- The term `Secretary' means the Secretary of the Interior. CommentsClose CommentsPermalink





(9) STATE- The term `State' means the State of Florida. CommentsClose CommentsPermalink

SEC. 43. ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.

(a) Establishment- Subject to valid existing rights, there is established for the purposes described in subsection (b) the Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map. CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Outstanding Natural Area are to protect, conserve, and enhance the unique and nationally important historic, natural, cultural, scientific, educational, scenic, and recreational values of the Federal land surrounding the Lighthouse for the benefit of present generations and future generations of people in the United States, while-- CommentsClose CommentsPermalink





(1) allowing certain recreational and research activities to continue in the Outstanding Natural Area; and CommentsClose CommentsPermalink





(2) ensuring that Coast Guard operations and activities are unimpeded within the boundaries of the Outstanding Natural Area. CommentsClose CommentsPermalink





(c) Availability of Map- The map shall be on file and available for public inspection in--(1) the Office of the Director of the Bureau of Land Management; and(2) the Eastern States Office appropriate offices of the Bureau of Land Management in the State of Virginia. CommentsClose CommentsPermalink





(d) Withdrawal- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, section 76, and any existing withdrawals under the Executive orders and public land order described in paragraph (2), the Federal land and any interests in the Federal land included in the Outstanding Natural Area are withdrawn from-- CommentsClose CommentsPermalink





(A) all forms of entry, appropriation, or disposal under the public land laws; CommentsClose CommentsPermalink





(B) location, entry, and patent under the public land mining laws; and CommentsClose CommentsPermalink





(C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. CommentsClose CommentsPermalink





(2) DESCRIPTION OF EXECUTIVE ORDERS- The Executive orders and public land order described in paragraph (1) are-- CommentsClose CommentsPermalink





(A) the Executive Order dated October 22, 1854; CommentsClose CommentsPermalink





(B) Executive Order No. 4254 (June 12, 1925); and CommentsClose CommentsPermalink





(C) Public Land Order No. 7202 (61 Fed. Reg. 29758). CommentsClose CommentsPermalink

SEC. 54. MANAGEMENT PLAN.

(a) In General- Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Commandant, shall develop a comprehensive management plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to-- CommentsClose CommentsPermalink





(1) provide long-term management guidance for the public land in the Outstanding Natural Area; and CommentsClose CommentsPermalink





(2) ensure that the Outstanding Natural Area fulfills the purposes for which the Outstanding Natural Area is established. CommentsClose CommentsPermalink





(b) Consultation; Public Participation- The management plan shall be developed-- CommentsClose CommentsPermalink





(1) in consultation with appropriate Federal, State, county, and local government agencies, the Commandant, the Local Partners, the Loxahatchee River Historical Society, and other partners; and CommentsClose CommentsPermalink





(2) in a manner that ensures full public participation. CommentsClose CommentsPermalink





(c) Existing Plans- The management plan shall, to the maximum extent practicable, be consistent with existing resource plans, policies, and programs. CommentsClose CommentsPermalink





(d) Inclusions- The management plan shall include-- CommentsClose CommentsPermalink





(1) objectives and provisions to ensure-- CommentsClose CommentsPermalink





(A) the protection and conservation of the resource values of the Outstanding Natural Area; and CommentsClose CommentsPermalink





(B) the restoration of native plant communities and estuaries in the Outstanding Natural Area, with an emphasis on the conservation and enhancement of healthy, functioning ecological systems in perpetuity; CommentsClose CommentsPermalink





(2) objectives and provisions to maintain or recreate historic structures; CommentsClose CommentsPermalink





(3) an implementation plan for a program of interpretation and public education about the natural and cultural resources of the Lighthouse, the public land surrounding the Lighthouse, and associated structures; CommentsClose CommentsPermalink





(4) a proposal for administrative and public facilities to be developed or improved that-- CommentsClose CommentsPermalink





(A) are compatible with achieving the resource objectives for the Outstanding Natural Area described in section 65(a)(1)(B); and CommentsClose CommentsPermalink





(B) would accommodate visitors to the Outstanding Natural Area; CommentsClose CommentsPermalink





(5) natural and cultural resource management strategies for the Outstanding Natural Area, to be developed in consultation with appropriate departments of the State, the Local Partners, and the Commandant, with an emphasis on resource conservation in the Outstanding Natural Area and the interpretive, educational, and long-term scientific uses of the resources; and CommentsClose CommentsPermalink





(6) recreational use strategies for the Outstanding Natural Area, to be prepared in consultation with the Local Partners, appropriate departments of the State, and the Coast Guard, with an emphasis on passive recreation. CommentsClose CommentsPermalink





(e) Interim Plan- Until a management plan is adopted for the Outstanding Natural Area, the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) shall be in effect. CommentsClose CommentsPermalink

SEC. 65. MANAGEMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.

(a) Management- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, in consultation with the Local Partners and the Commandant, shall manage the Outstanding Natural Area-- CommentsClose CommentsPermalink





(A) as part of the National Landscape Conservation System; and CommentsClose CommentsPermalink





(B) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems. CommentsClose CommentsPermalink





(2) LIMITATION- In managing the Outstanding Natural Area, the Secretary shall not take any action that precludes, prohibits, or otherwise affects the conduct of ongoing or future Coast Guard operations or activities on lots 16 and 18, as depicted on the map. CommentsClose CommentsPermalink





(b) Uses- Subject to valid existing rights and section 76, the Secretary shall only allow uses of the Outstanding Natural Area that the Secretary, in consultation with the Commandant and Local Partners, determines would likely further-- CommentsClose CommentsPermalink





(1) the purposes for which the Outstanding Natural Area is established; CommentsClose CommentsPermalink





(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and CommentsClose CommentsPermalink





(3) other applicable laws. CommentsClose CommentsPermalink





(c) Cooperative Agreements- To facilitate implementation of the management plan and to continue the successful partnerships with local communities and other partners, the Secretary shallmay, in accordance with section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)), enter into cooperative agreements with the appropriate Federal, State, county, other local government agencies, and other partners (including the Loxahatchee River Historical Society) for the long-term management of the Outstanding Natural Area CommentsClose CommentsPermalink





(d) Research Activities- To continue successful research partnerships, pursue future research partnerships, and assist in the development and implementation of the management plan, the Secretary may, in accordance with section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)), authorize the conduct of appropriate research activities in the Outstanding Natural Area for the purposes described in section 43(b). CommentsClose CommentsPermalink





(e) Acquisition of Land- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Secretary may acquire for inclusion in the Outstanding Natural Area any State or private land or any interest in State or private land that is-- CommentsClose CommentsPermalink





(A) adjacent to the Outstanding Natural Area; and CommentsClose CommentsPermalink





(B) identified in the management plan as appropriate for acquisition. CommentsClose CommentsPermalink





(2) MEANS OF ACQUISITION- Land or an interest in land may be acquired under paragraph (1) only by--(A) donation;(B) exchange with a willing party; or(C) donation, exchange, or purchase from a willing seller with donated or appropriated funds. CommentsClose CommentsPermalink





(3) ADDITIONS TO THE OUTSTANDING NATURAL AREA- Any land or interest in land adjacent to the Outstanding Natural Area acquired by the United States after the date of enactment of this Act under paragraph (1) shall be added to, and administered as part of, the Outstanding Natural Area. CommentsClose CommentsPermalink





(f) Law Enforcement Activities- Nothing in this Act, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects-- CommentsClose CommentsPermalink





(1) any maritime security, maritime safety, or environmental protection mission or activity of the Coast Guard; CommentsClose CommentsPermalink





(2) any border security operation or law enforcement activity by the Department of Homeland Security or the Department of Justice; or CommentsClose CommentsPermalink





(3) any law enforcement activity of any Federal, State, or local law enforcement agency in the Outstanding Natural Area. CommentsClose CommentsPermalink





(g) Future Disposition of Coast Guard Facilities- If the Commandant determines, after the date of enactment of this Act, that Coast Guard facilities within the Outstanding Natural Area exceed the needs of the Coast Guard, the Commandant may relinquish the facilities to the Secretary without removal, subject only to any environmental remediation that may be required by law. CommentsClose CommentsPermalink

SEC. 76. EFFECT ON ONGOING AND FUTURE COAST GUARD OPERATIONS.

Nothing in this Act, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects ongoing or future Coast Guard operations or activities in the Outstanding Natural Area, including-- CommentsClose CommentsPermalink





(1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the Coast Guard High Frequency antenna site on lot 16; CommentsClose CommentsPermalink





(2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the military family housing area on lot 18; CommentsClose CommentsPermalink





(3) the continued and future use of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the pier on lot 18; CommentsClose CommentsPermalink





(4) the existing lease of the Jupiter Inlet Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical Society; or CommentsClose CommentsPermalink





(5) any easements or other less-than-fee interests in property appurtenant to existing Coast Guard facilities on lots 16 and 18. CommentsClose CommentsPermalink

SEC. 87. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act. CommentsClose CommentsPermalink