19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–298 

FORT PULASKI NATIONAL MONUMENT LEASE 

AUTHORIZATION ACT 

DECEMBER 1, 2011.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 535] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (S. 535) to authorize the Secretary of the Interior to lease certain lands within Fort Pulaski National Monument, and for other 

purposes, having considered the same, report favorably thereon 

without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 535 is to authorize the Secretary of the Interior 

to lease certain lands within Fort Pulaski National Monument. 

BACKGROUND AND NEED FOR LEGISLATION

Fort Pulaski is located on Cockspur Island in the Savannah 

River and was constructed as part of a system of coastal fortifications ordered by President James Madison after the War of 1812. 

The fort became a national monument in 1924 and was transferred 

from the War Department to the National Park Service (NPS) in 

1933. 

In 1940, NPS authorized, by special use permit, exclusive use of 

land and improvements within the national monument to the Savannah Bar Pilots Association to operate a vessel-piloting business. 

The Bar Pilots Association operates pilot vessels to help steer commercial shipping through the waters of the Savannah River, where 

shifting sand bars create dangerous conditions that make navigation difficult. The Bar Pilots Association has occupied the same 

spot at the west end of Cockspur Island since 1940. 


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In 1973, NPS issued a twenty-year special use permit allowing 

the Association to continue to use the tract, and to construct and 

upgrade living quarters, a dock, a fuel supply system and a parking 

lot. While the permit has been renewed, the terms of these permits 

have ranged in length from one year to a 20-year permit that existed from 1973 to 1993. The current special use permit the parties 

are operating under expires on March 15, 2013. 

NPS has been advised by the Department of the Interior’s Solicitor’s Office that the Association’s continued use of national monument land should be authorized through a non-competitive lease, 

rather than a special use permit. S. 535 would authorize NPS to 

enter into such a lease. Proceeds from the lease may be used under 

current law for infrastructure needs at units of the National Park 

System. 

COMMITTEE ACTION

S. 535 was introduced on March 9, 2011, by Senator Johnny 

Isakson (R–GA). On November 2, 2011, the bill passed the Senate 

by unanimous consent. The bill was then referred to the House 

Committee on Natural Resources. On September 15, 2011, the Subcommittee on National Parks, Forests and Public Lands held a 

hearing on the House companion bill, H.R. 2687, sponsored by Congressman Jack Kingston (R–GA). On November 17, 2011, the Full 

Resources Committee met to consider S. 535. No amendments were 

offered, and the bill was ordered favorably reported to the House 

of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

S. 535—Fort Pulaski National Monument Lease Authorization Act 

S. 535 would authorize the National Park Service (NPS) to lease 

to the Savannah Bar Pilots Association a small site at the Fort Pulaski National Monument in Georgia. Under the bill, the NPS 

would charge the association a rental fee based on the market 

value of the land and use the proceeds, without further appropriation, for site maintenance and other expenses. 


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Based on information provided by the NPS, CBO estimates that 

implementing the bill would have no significant net effect on the 

federal budget. The nonprofit association already operates a 

30,000-square-foot site, including a dock and associated facilities, 

under a special-use permit. Fees collected under the permit are 

used, without appropriation, for purposes similar to those authorized by the bill. CBO estimates that rental proceeds under the bill 

would be less than $25,000 a year, slightly more than the NPS currently collects in permit fees. 

Because enacting S. 535 would affect direct spending (through 

the collection and spending of additional fees), pay-as-you-go procedures apply. CBO estimates, however, that the net effect of any annual changes on the federal budget would be insignificant. 

S. 535 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would not 

affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the National Park Service, CBO 

estimates that implementing the bill would have no significant net 

effect on the federal budget. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to authorize the Secretary of the Interior to lease certain lands within Fort Pulaski National Monument. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

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