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[Senate Report 112-59]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 139
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-59

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         FORT PULASKI NATIONAL MONUMENT LEASE AUTHORIZATION ACT

                                _______
                                

  August 30 (legislative day, August 2), 2011.--Ordered to be printed

   Filed under authority of the order of the Senate of August 2, 2011

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 535]

    The Committee on Energy and Natural Resources, to which 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, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 535 is to authorize the Secretary of the 
Interior to lease certain lands within Fort Pulaski National 
Monument in Georgia.

                          BACKGROUND AND NEED

    Fort Pulaski, located on Cockspur Island in the Savannah 
River, was constructed as part of a system of coastal 
fortifications ordered by President James Madison after the War 
of 1812. An estimated 25 million bricks were used to build the 
fort, which was completed in 1837. According to the National 
Park Service, before the Civil War, brick forts were America's 
main defense against overseas enemies. In 1862, however, a 30-
hour bombardment by the Union Army's new rifled cannons 
breached the fort and compelled surrender by Confederates 
inside Fort Pulaski. After that battle, brick forts were 
considered obsolete. The fort became a national monument in 
1924 and was transferred from the War Department to the 
National Park Service in 1933.
    In 1940, the National Park Service 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 
operate 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. There are no other known 
locations from which Association can operate more efficiently 
than the current permitted location. Deep water accessibility 
and the relatively short distance to embarking and disembarking 
ships in Savannah Harbor render the current site the ideal 
location for continued operations.
    In 1973, the National Park Service 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. The special use 
permit was renewed in 1993 and 1998. However, the Park Service 
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 the National Park Service to enter into such a 
lease.

                          LEGISLATIVE HISTORY

    S. 535 was introduced by Senators Isakson and Chambliss on 
March 9, 2011. The Subcommittee on National Parks held a 
hearing on the bill on May 11, 2011. The Committee on Energy 
and Natural Resources considered the bill at its business 
meeting on July 14, 2011, and ordered S. 535 favorably reported 
without amendment.
    An identical bill, S. 3778, was introduced in the 111th 
Congress by Senators Isakson and Chambliss. A companion bill, 
H.R. 4773, sponsored by Representative Kingston, passed the 
House of Representatives by a vote of 379-0 on July 13, 2010. 
The Subcommittee on National Parks and the Subcommittee on 
Public Lands and Forests held a joint hearing on S. 3778 and 
H.R. 4773 on September 29, 2010 (S. Hrg. 111-721). No further 
action occurred on either bill prior to the sine die 
adjournment of the 111th Congress.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 14, 2011, by a voice vote of a quorum 
present, recommends that the Senate pass S. 535.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Fort Pulaski 
National Monument Lease Authorization Act''.
    Section 2(a) authorizes the Secretary of the Interior to 
lease not more than 30,000 square feet of land within Fort 
Pulaski National Monument to the Savannah Bar Pilots 
Association or a successor organization.
    Subsection (b) requires that the rental fee be based on 
fair market value and the the proceeds from any rental fees be 
deposited into a special account in the Treasury of the United 
States, in accordance with section 3(k)(5) of Public Law 91-
383, which authorizes the National Park Service to collect and 
expend lease revenues.
    Subsection (c) provides that the term of the lease shall be 
no more than 10 years, and at the discretion of the Secretary, 
for successive terms of not more than 10 years.
    Subsection (d) clarifies that the other provisions in 
section 3(k) of Public Law 91-383 (other than as provided for 
in section 2(b)(2)) shall not apply to the lease authorized by 
this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by 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.
    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.

                      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. 535.
    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. 535, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 535, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
May 11, 2011 Subcommittee hearing on S. 535 follows:

 Statement of Stephen E. Whitesell, Associate Director, Park Planning, 
    Facilities, and Lands, National Park Service, Department of the 
                                Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 535, a bill to 
authorize the Secretary of the Interior to lease certain lands 
within Fort Pulaski National Monument, and for other purposes.
    The Department supports this legislation, which would allow 
the Savannah Bar Pilots Association to lease the land on 
Cockspur Island within Fort Pulaski National Monument in the 
State of Georgia that the association has used continuously 
since 1940.
    In 1940, the National Park Service authorized by special 
use permit exclusive use of National Park Service land and 
improvements to the Savannah Bar Pilots Association to operate 
a vessel piloting business. The National Park Service has 
issued a series of permit renewals during the ensuing 70 years. 
However; in recent years, the National Park Service has been 
advised by the Department's Solicitor's Office that the 
association's use of this land should be based on more certain 
legal authority than the special use permitting process. The 
National Park Service believes that a non-competitive lease, 
which would be authorized by S. 535, would be the best option 
in this unique circumstance to enable the Savannah Bar Pilots 
Association to continue traditional operations from its Fort 
Pulaski location. The Bar Pilots serve a function that is vital 
to the state's deepwater ports and inland barge terminals, 
including directing ship traffic and assisting in navigation in 
the Savannah Harbor.
    There are no other known locations from which Savannah Bar 
Pilots Association can operate more efficiently than its 
current location. Deep water accessibility and the relatively 
short distance to embarking and disembarking ships in Savannah 
Harbor render the current Cockspur Island site the ideal 
location for continued operations. The Savannah Bar Pilots have 
been operating at the current location with virtually no 
adverse impact on park resources, on the visitor experience, or 
on park operations. Fort Pulaski National Monument derives 
revenue from the current special use permit and would continue 
to do so from a lease. The Savannah Bar Pilots enjoy local 
support from both the City of Savannah and the Georgia Port 
Authority.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you or any members of the 
subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 535 as ordered reported.

                                  
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