99–010 

Calendar No. 139 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–59 

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. 


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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. 


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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. 


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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 


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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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