59–010 

Calendar No. 611 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–340 

GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE 

ACT OF 2016 

SEPTEMBER 6, 2016.—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 H.R. 4119] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 4119) to authorize the exchange of certain 

land located in Gulf Islands National Seashore, Jackson County, 

Mississippi, between the National Park Service and the Veterans 

of Foreign Wars, and for other purposes, having considered the 

same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 2, strike lines 14 and 15, and insert the following: 

Jackson County, Mississippi, identified as ‘‘NPS Exchange 

Area’’ on the map entitled ‘‘Gulf Islands National Seashore, Proposed Land Exchange with VFW, Davis Bayou 

Area—Jackson County, MS’’, numbered 635/133309, and 

dated June 2016. 

2. On page 2, line 21, strike ‘‘section 34, township 7 north, range 

8 east’’ and insert ‘‘identified as ‘VFW Exchange Area’ on the map 

described in subsection (a)’’. 

3. On page 2, strike lines 22 through 24 and insert the following: 

(c) EQUAL VALUE EXCHANGE.— 

(1) IN GENERAL.—The values of the parcels of real 

property to be exchanged under this section shall be 

equal, as determined by an appraisal conducted— 

(A) by a qualified and independent appraiser; 

and 


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(B) in accordance with nationally recognized appraisal standards. 

(2) EQUALIZATION.—If the values of the parcels of 

real property to be exchanged under this section are 

not equal, the values shall be equalized through— 

(A) a cash payment; or 

(B) adjustments to the acreage of the parcels of 

real property to be exchanged. 

4. On page 4, between lines 9 and 10, insert the following: 

(g) VALID EXISTING RIGHTS.—The exchange authorized 

under this section shall be subject to valid existing rights. 

(h) TITLE APPROVAL.—Title to the Federal parcel of real 

property and non-Federal parcel of real property to be exchanged under this section shall be in a form acceptable 

to the Secretary. 

5. On page 4, line 10, strike ‘‘(g)’’ and insert ‘‘(i)’’. 

6. On page 4, line 14, strike ‘‘(h)’’ and insert ‘‘(j)’’. 

PURPOSE

The purpose of H.R. 4119 is to authorize the exchange of certain 

land located in Gulf Islands National Seashore, Jackson County, 

Mississippi, between the National Park Service (NPS) and the Veterans of Foreign Wars (VFW). 

BACKGROUND AND NEED

The VFW Post 5699 in Ocean Springs, Mississippi, owns a 3.3- 

acre lot adjacent to Gulf Islands National Seashore’s Davis Bayou 

Area. The VFW Post’s property NPS property separates the VFW 

Post from the public road. The only access to the VFW Post’s property is by way of a one-lane dirt access road across NPS land. The 

NPS allowed the VFW to construct and maintain the access road, 

but no right-of-way or special use permit was issued for it. 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 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

H.R. 4119 was introduced in the House of Representatives on November 19, 2015, by Representative 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 met in open 

business session on July 13, 2016, and ordered H.R. 4119 favorably 

reported as amended. 


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COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 13, 2016, by a majority voice vote of 

a quorum present, recommends that the Senate pass H.R. 4119, if 

amended, as described herein. 

COMMITTEE AMENDMENTS

During its consideration of H.R. 4119, the Committee adopted six 

amendments to improve the bill. The first two amendments strike 

the language using section and townships to identify the land to be 

exchanged and adopt the NPS Map entitled ‘‘Gulf Islands National 

Seashore, Proposed Land Exchange with VFW, Davis Bayou 

Area—Jackson County, MS,’’ numbered 635/133309, and dated 

June 2016 as an alternate identification method. 

The third amendment inserts language requiring an equal value 

exchange, as determined by a qualified and independent appraiser, 

in accordance with nationally recognized standards. If the values of 

the parcels of real property to be exchanged under this section are 

not equal, the values shall be equalized through a cash payment, 

or adjustments to the acreage of the parcels of real property to be 

exchanged. 

The fourth amendment states that the exchange shall be subject 

to valid existing rights, and that title to the Federal parcel of real 

property and non-Federal parcel of real property to be exchanged 

shall be in a form acceptable to the Secretary. 

The final two amendments redesignate subsections. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 contains the short title. 

Section 2. Land exchange, Gulf Islands National Seashore, Jackson 

County, Mississippi 

Subsection (a) authorizes the Secretary of the Interior, acting 

through the Director of the NPS, to convey to the VFW Post 5699 

(Post), all right, title, and interest of the United States in and to 

a parcel of real property, consisting of approximately 1.542 acres 

and located within the Gulf Islands National Seashore in Jackson 

County, Mississippi, as identified on the referenced map. 

Subsection (b) directs the Post to convey to the Secretary the 

land to be acquired as identified in the referenced map in exchange 

for the property described in subsection (a). 

Subsection (c) requires that the values of the parcels of property 

to be exchanged shall be equal, as determined by a qualified and 

independent appraiser, in accordance with national standards. If 

the values of the parcels of real property to be exchanged under 

this section are not equal, the values shall be equalized through a 

cash payment or adjustments to the acreage of the parcels of real 

property to be exchanged. 

Subsection (d) requires the Post to cover the property conveyance 

costs, or reimburse the Secretary for such costs incurred, including 

survey costs, costs related to environmental documentation, and 

any other administrative costs related to the land exchange. If 

amounts are collected by the Secretary in advance of actual costs 


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incurred, the Secretary shall refund any excess amounts due to the 

Post. 

Subsection (e) states that the exact acreage and legal description 

of property to be exchanged under this section shall be determined 

by surveys satisfactory to the Secretary and the Post. 

Subsection (f) allows for the use of a quit claim deed or other 

legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the Post as a means of exchanging the 

real property. 

Subsection (g) states that the exchange authorized under this 

section shall be subject to valid existing rights. 

Subsection (h) states that title to the federal parcel of real property and non-Federal parcel of real property to be exchanged under 

this section shall be in a form acceptable to the Secretary. 

Subsection (i) states that the land and interests in land acquired 

by the United States under subsection (b) shall be administered by 

the Secretary as part of the Gulf Islands National Seashore. 

Subsection (j) adjusts the boundary of the Gulf Islands National 

Seashore upon the completion of the land exchange. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, August 9, 2016. 

Hon. LISA MURKOWSKI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for H.R. 4119, the Gulf Islands 

National Seashore Land Exchange Act of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jon Sperl. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 4119—Gulf Islands National Seashore Land Exchange Act of 

2016 

H.R. 4119 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. 

Based on information from the NPS, CBO estimates that the exchange would not affect the federal budget. Because enacting H.R. 

4119 would not affect direct spending or revenues, pay-as-you-go 

procedures do not apply. 

CBO estimates that enacting H.R. 4119 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

H.R. 4119 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 


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The act 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 February 22, 2016, CBO transmitted a cost estimate for H.R. 

4119, the Gulf Islands National Seashore Land Exchange Act of 

2016, as ordered reported by the House Committee on Natural Resources on February 3, 2016. The two versions of the legislation are 

similar and CBO’s estimates of their budgetary effects are the 

same. 

The CBO staff contact for this estimate is Jon Sperl. 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 

H.R. 4119. 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 H.R. 4119, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 4119, 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 National Park Service at the June 

15, 2016, Subcommittee on National Parks hearing on H.R. 4119 

follows: 

STATEMENT OF DR. STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF

THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to present the views of the Department of the Interior on H.R. 4119, a bill to authorize the 

exchange of lands between Gulf Islands National Seashore 

and the Veterans of Foreign Wars Post 5699, and for other 

purposes. 

The Department supports H.R. 4119 with technical 

amendments described later in this statement. 

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

piece of property that is bordered on two sides by land 

owned by the National Park Service (NPS) and managed 

as part of Gulf Islands National Seashore. The VFW propVerDate Sep 11 2014 04:03 Sep 14, 2016 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR340.XXX SR340

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erty is separated from the public road, with the only access 

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 their 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. 

The VFW approached the National Seashore in 2015 

with a proposal to exchange 2.16 acres of undeveloped 

land, adjacent to NPS land, at the south end of their property for 1.54 acres of NPS land that would connect their 

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-owned lands. 

H.R. 4119 would authorize this land exchange. The bill 

would deem the two properties to be exchanged to be considered equal in value, and would require the VFW to pay 

for the costs associated with the exchange, including any 

required costs for environmental compliance. The bill 

would also modify the boundary of Gulf Islands National 

Seashore to reflect the land exchange upon its completion. 

Finally, the National Park Service recommends a technical amendment to reference an official NPS map in the 

legislation, and a technical amendment to clarify the 

boundary modification. We would be pleased to provide the 

Committee with the recommended language and map. 

Mr. Chairman, this concludes my testimony. 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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