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[House Report 114-441]
[From the U.S. Government Publishing Office]

114th Congress }                                         { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                         { 114-441

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        GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT OF 2016

                                _______
                                

 March 2, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4119]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom 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, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Gulf Islands National Seashore Land 
Exchange Act of 2016''.

SEC. 2. LAND EXCHANGE, GULF ISLANDS NATIONAL SEASHORE, JACKSON COUNTY, 
                    MISSISSIPPI.

  (a) Land Exchange Authorized.--The Secretary of the Interior, acting 
through the Director of the National Park Service (in this section 
referred to as the ``Secretary'') may convey to the Veterans of Foreign 
Wars Post 5699 (in this section referred to as the ``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, 
section 34, township 7 north, range 8 east.
  (b) Land To Be Acquired.--In exchange for the property described in 
subsection (a), the Post shall convey to the Secretary all right, 
title, and interest of the Post in and to a parcel of real property, 
consisting of approximately 2.161 acres and located in Jackson County, 
Mississippi, section 34, township 7 north, range 8 east.
  (c) Equal Value Exchange.--The values of the parcels of real property 
to be exchanged under this section are deemed to be equal.
  (d) Payment of Costs of Conveyance.--
          (1) Payment required.--The Secretary shall require the Post 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for such costs incurred by the Secretary, to 
        carry out the land exchange under this section, including 
        survey costs, costs related to environmental documentation, and 
        any other administrative costs related to the land exchange. If 
        amounts are collected from the Secretary in advance of the 
        Secretary incurring the actual costs and the amount collected 
        exceeds the costs actually incurred by the Secretary to carry 
        out the land exchange, the Secretary shall refund the excess 
        amount to the Post.
          (2) Treatment of amounts received.--Amounts received as 
        reimbursement under paragraph (1) shall be credited to the fund 
        or account that was used to cover those costs incurred by the 
        Secretary in carrying out the land exchange. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
  (e) Description of Property.--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.
  (f) Conveyance Agreement.--The exchange of real property under this 
section shall be accomplished using a quit claim deed or other legal 
instrument and upon terms and conditions mutually satisfactory to the 
Secretary and the Post, including such additional terms and conditions 
as the Secretary considers appropriate to protect the interests of the 
United States.
  (g) Treatment of Acquired Land.--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.
  (h) Modification of Boundary.--Upon completion of the land exchange 
under this section, the Secretary shall modify the boundary of the Gulf 
Islands National Seashore to reflect such land exchange.

                          PURPOSE OF THE BILL

    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 and the 
Veterans of Foreign Wars.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Veterans of Foreign Wars (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 is essentially landlocked, with the only reasonable 
access via a long driveway across National Park Service 
property via a VFW road. This bill reflects the VFW Post's 
proposed land swap of 1.76 acres owned by the Post in exchange 
for the 1 acre owned by the federal government containing the 
existing driveway.

                            COMMITTEE ACTION

    H.R. 4119 was introduced on November 19, 2015, by 
Congressman Steven M. Palazzo (R-MS). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Federal Lands. On February 2, 2016, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Tom McClintock (R-CA) offered an amendment designated #1. The 
amendment was adopted by unanimous consent. No other amendments 
were offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent 
on February 3, 2016.

            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:

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). 
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.
    The CBO staff contact for this estimate is Mann Burnett. 
The estimate was approved by H. Samuel Papenfuss, 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The Congressional 
Budget Office estimates that the exchange would not affect 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 exchange of certain 
land located in Gulf Islands National Seashore, Jackson County, 
Mississippi, between the National Park Service and the Veterans 
of Foreign Wars.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.

                                  [all]
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