79–010 

Calendar No. 374 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–226 

GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE 

ACT 

APRIL 11, 2018.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1260] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1260) to authorize the exchange of certain Federal land located in Gulf Islands National Seashore for certain nonFederal land in Jackson County, Mississippi, 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. 1260 is to authorize the exchange of certain 

Federal land located in Gulf Islands National Seashore for certain 

non-Federal land in Jackson County, Mississippi. 

BACKGROUND AND NEED

The Veterans of Foreign Wars Post 5699 (Post) is located in 

Ocean Springs, Mississippi. The Post owns a 3.3-acre lot adjacent 

to the Gulf Islands National Seashore’s Davis Bayou Area. National Park Service (NPS) property separates the Post from the 

public road. The only access to the Post’s property is by way of a 

one-lane dirt access road across NPS land. The NPS allowed the 

Veterans of Foreign Wars (VFW) to construct and maintain the access road under an informal agreement. However, no right-of-way 

or special use permit was ever issued. As a means of guaranteeing 

access to the driveway, the VFW is seeking a mutually beneficial 

land exchange with the NPS, as outlined on NPS Map Number 


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635/133309, dated June 2016. As proposed, the 2.16 acres of VFW 

land would be exchanged for 1.54 acres of NPS land. 

LEGISLATIVE HISTORY

S. 1260 was introduced by Senators Cochran and Wicker on May 

25, 2017. The Senate Subcommittee on National Parks conducted 

a hearing on S. 1260 on February 14, 2018. Similar language is included in section 7133 of S. 1460, the Energy and Natural Resources Act of 2017 (Cal. 162). 

A companion measure, H.R. 2615, was introduced in the House 

of Representatives by Rep. Palazzo on May 23, 2017, and referred 

to the Committee on Natural Resources. H.R. 2615 was reported by 

the House Committee on Natural Resources (H. Rept. 115–302) on 

September 11, 2017, and passed the House of Representatives by 

voice vote on November 28, 2017. 

In the 114th Congress, similar legislation, H.R. 4119 was introduced in the House of Representatives on November 19, 2015, by 

Rep. Palazzo. H.R. 4119 was reported favorably by the House Committee on Natural Resources on March 2, 2016, and passed the 

House of Representatives on March 22, 2016, by voice vote. The 

Senate Energy and Natural Resources Committee’s Subcommittee 

on National Parks held a hearing on H.R. 4119 on June 15, 2016. 

The Committee on Energy and Natural Resources ordered H.R. 

4119 favorably reported with amendments on July 13, 2016 (S. 

Rept. 114–340). 

The Committee on Energy and Natural Resources met in open 

business session on March 8, 2018, and ordered S. 1260 and H.R. 

2615 favorably reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 8, 2018, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 1260. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 contains the short title. 

Section 2. Definitions 

Section 2 contains key definitions. 

Section 3. Gulf Islands National Seashore land exchange 

Section 3(a) authorizes the Secretary of the Interior, acting 

through the NPS Director, to convey to the Post approximately 

1.542 acres of Federal property located within the Gulf Islands National Seashore in Jackson County, Mississippi, in exchange for a 

2.161 acre parcel of land owned by the Post. 

Subsection (b) requires the values of the Federal and non-federal 

parcels to be exchanged to be equal, as determined by a qualified 

and independent appraiser. If the values are not found to be equal, 

this subsection directs the equalization of such values through a 

cash payment or adjustments to the acreage of the Federal or nonFederal land, as applicable. 


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Subsection (c)(1) requires the Post to pay the costs of exchange 

incurred by the Secretary, or provide for the Secretary’s reimbursement, including costs associated with surveys, environmental documentation, and any other administrative costs relating to the land 

exchange. 

Paragraph (2) directs the Secretary to provide the Post with a refund if the amount collected by the Secretary from the Post exceeds 

the costs actually incurred in carrying out the land exchange. 

Paragraph (3) specifies that amounts received by the Secretary 

from the Post as reimbursement for costs incurred shall be credited 

to the fund or account from which amounts were used to pay the 

costs incurred by the Secretary in carrying out the land exchange; 

merged with amounts in the fund or account to which the amounts 

were credited; and available for the same purposes, subject to the 

same conditions and limitations. 

Subsection (d) requires the exact acreage and legal description of 

the Federal land and non-Federal land to be exchanged to be determined by surveys that are satisfactory by both the Secretary and 

the Post. 

Subsection (e) directs the land exchange to be carried out 

through a quitclaim deed or other legal instrument. This subsection 

further specifies that the land exchange shall be subject to such 

terms and conditions as are mutually satisfactory to the Secretary 

and the Post, including additional terms or conditions the Secretary considers to be appropriate to protect the interests of the 

United States. 

Subsection (f) subjects the land exchange to valid existing rights. 

Subsection (g) states that the title to the land to be exchanged 

shall be in an acceptable form to the Secretary. 

Subsection (h) specifies that any land acquired under this section 

by the United States shall be administered by the Secretary as 

part of the Gulf Islands National Seashore. 

Subsection (i) directs the Secretary to modify the boundaries of 

the Gulf Islands National Seashore upon completion of the land exchange to reflect the exchange. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

S. 1260 would authorize the National Park Service (NPS) to exchange about 2 acres of land within the Gulf Islands National Seashore in Mississippi with the Veterans of Foreign Wars (VFW) Post 

5699. The exchange would provide the VFW with an access road. 

If appraisals indicate that the value of the parcels to be exchanged are different, the bill would require that the party receiving the more valuable land provide a cash equalization payment or 

adjust the acreage of the land exchange. If the NPS were to acquire 

land of a higher value than the federal land exchanged, the NPS 

could make a cash payment to the VFW. Using information from 

the NPS, CBO expects that the properties to be exchanged are of 

roughly equal value and that any such payment would not exceed 

$500,000; such spending would be subject to the availability of appropriated funds. S. 1260 would require the VFW to cover all administrative costs associated with the land exchange. 


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Enacting S. 1260 could affect direct spending; therefore, pay-asyou-go procedures apply. If the NPS were to acquire land of a lower 

value than the federal land exchanged, the NPS could receive a 

cash payment to equalize the values; any such payments would be 

recorded as offsetting receipts, which are treated as reductions in 

direct spending. However, CBO estimates that any such payment 

would not exceed $500,000. 

Enacting S. 1260 would not affect revenues. CBO estimates that 

enacting S. 1260 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2028. 

S. 1260 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

The bill would authorize a land exchange between the federal government and a private entity, and that exchange would have a 

small incidental effect on property taxes collected by local governments in Mississippi. That effect, however, would not result from 

an intergovernmental mandate as defined in UMRA. 

On September 8, 2017, CBO transmitted a cost estimate for H.R. 

2615, the Gulf Islands National Seashore Land Exchange Act of 

2017, as ordered reported by the House Committee on Natural Resources on July 26, 2017. On March 20, 2018, CBO transmitted a 

cost estimate for H.R. 2615, the Gulf Islands National Seashore 

Land Exchange Act, as ordered reported by the Senate Committee 

on Energy and Natural Resources on March 8, 2018. All of the 

pieces of legislation are similar, and CBO’s estimates of their budgetary effects are the same. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was approved by H. Samuel Papenfuss, 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. 1260. 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. 1260, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1260, as ordered 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 Department of the Interior at the 

February 14, 2018, hearing on S. 1260 follows: 


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STATEMENT OF P. DANIEL SMITH, DEPUTY DIRECTOR, EXERCISING THE AUTHORITY OF THE DIRECTOR OF THE NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR, 

BEFORE THE SENATE ENERGY AND NATURAL RESOURCES

SUBCOMMITTEE ON NATIONAL PARKS, CONCERNING H.R. 

2615 AND S. 1260, BILLS TO AUTHORIZE A LAND EXCHANGE BETWEEN GULF ISLANDS NATIONAL SEASHORE

AND THE VETERANS OF FOREIGN WARS POST 5699 

Chairman Daines, Ranking Member King, and members 

of the Subcommittee, thank you for the opportunity to 

present the Department of the Interior’s views on H.R. 

2615 and S. 1260, bills to authorize a land exchange between Gulf Islands National Seashore and the Veterans of 

Foreign Wars Post 5699. 

The Department supports H.R. 2615 and S. 1260. The 

two bills, which would resolve an access issue at Gulf Islands National Seashore in Mississippi, are drafted differently but contain substantially the same provisions. Either version is acceptable to the Department. 

The Veterans of Foreign Wars (VFW) Post 5699 owns a 

parcel that is bordered on two sides by land that is under 

the administrative jurisdiction of the National Park Service (NPS) and managed as part of Gulf Islands National 

Seashore. The VFW property is not connected to a public 

road, and its only access is across NPS lands. 

Under a previous informal agreement with the National 

Seashore, the VFW created and maintained a one-lane dirt 

access road across NPS property from the public road to its 

building. The VFW also removed vegetation and mowed 

NPS property adjacent to that access road. No right-of-way 

or special use permit was ever issued. 

In 2015, the VFW approached the National Seashore 

with a proposal to exchange 2.16 acres of undeveloped 

land, adjacent to NPS land, at the south end of its property for 1.54 acres of NPS land in order to connect its 

property to the public road. This land exchange would formalize the existing land use, providing the VFW with ownership and permanent access, and providing the National 

Seashore undeveloped acreage adjacent to other undeveloped, NPS-managed lands. These parcels are delineated on 

the map referenced in both bills. 

H.R. 2615 and S. 1260 would authorize this land exchange. The bills would require the values of the parcels 

to be exchanged to be determined through an appraisal 

conducted by a qualified and independent appraiser and in 

accordance with nationally recognized appraisal standards. 

If the values are not equal, they would be required to be 

equalized through cash payments or adjustments to the 

acreage of the parcels. In addition, the bills would require 

the VFW to pay for the costs associated with the exchange, 

including any required costs for environmental compliance. 

Finally, the bills would modify the boundary of the National Seashore to reflect the land exchange upon its completion. 


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Mr. Chairman, this concludes my statement. I would be 

pleased to answer any questions you or other 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 the bill as ordered reported. 

Æ 


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