I 

110TH CONGRESS 

1ST SESSION H. R. 4829 

To authorize the Secretary of the Army to convey the surface estate of 

the San Jacinto Disposal Area to the city of Galveston, Texas. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2007 

Mr. PAUL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To authorize the Secretary of the Army to convey the surface 

estate of the San Jacinto Disposal Area to the city 

of Galveston, Texas. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORIZATION TO CONVEY THE SURFACE ES4 TATE OF THE SAN JACINTO DISPOSAL AREA 

5 IN GALVESTON, TEXAS. 

6 Section 108 of the Energy and Water Development 

7 Appropriations Act, 1994 (33 U.S.C. 59hh) is amended 

8 to read as follows: 

9 ‘‘SEC. 108. (a) IN GENERAL.—The Secretary of the 

10 Army is authorized to convey to the city of Galveston, 


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1 Texas, the surface estate of all or any part of a parcel 

2 of land containing approximately 605 acres known as the 

3 San Jacinto Disposal Area located on the east end of Gal4 veston Island, Texas, in the W.A.A. Wallace Survey, A– 

5 647 and A–648, city of Galveston, Galveston County, 

6 Texas, being part of the old Fort San Jacinto site (in this 

7 section referred to as the ‘Disposal Area surface estate’), 

8 at the fair market value of the Disposal Area surface es9 tate to be determined in accordance with the provisions 

10 of subsection (d). Such conveyance shall only be made by 

11 the Secretary of the Army upon the agreement of the Sec12 retary and the city as to all compensation due herein. 

13 ‘‘(b) COMPENSATION FOR CONVEYANCE.— 

14 ‘‘(1) IN GENERAL.—Upon receipt of compensa15 tion from the city of Galveston, the Secretary shall 

16 convey the Disposal Area surface estate, or any part 

17 of the Disposal Area surface estate. 

18 ‘‘(2) CONVEYANCE OF THE DISPOSAL AREA

19 SURFACE ESTATE.—If the full Disposal Area surface 

20 estate is conveyed, the compensation shall be— 

21 ‘‘(A) conveyance to the Department of the 

22 Army of the surface estate of a parcel of land 

23 containing approximately 564 acres on Pelican 

24 Island, Texas, in the Eneas Smith Survey, A– 

25 190, Pelican Island, city of Galveston, GalVerDate Aug 31 2005 04:10 Dec 20, 2007 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4829.IH H4829

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1 veston County, Texas, adjacent to property cur2 rently owned by the United States (in this sec3 tion referred to as the ‘Pelican Island surface 

4 estate’), with the fair market value of the Peli5 can Island surface estate being determined in 

6 accordance with subsection (d); and 

7 ‘‘(B) payment to the United States of an 

8 amount equal to the difference between the fair 

9 market value of the Disposal Area surface es10 tate and the fair market value of the Pelican Is11 land surface estate. 

12 ‘‘(3) CONVEYANCE OF PART OF THE DISPOSAL

13 AREA SURFACE ESTATE.—If the conveyance is 125 

14 acres or less, compensation shall be an amount equal 

15 to the fair market value of the part of the Disposal 

16 Area surface estate to be conveyed, with the fair 

17 market value of the part of the Disposal Area sur18 face estate to be conveyed being determined in ac19 cordance with subsection (d). 

20 ‘‘(c) DISPOSITION OF SPOIL.—Costs of maintaining 

21 the Galveston Harbor and Channel will continue to be gov22 erned by the Local Cooperation Agreement (LCA) between 

23 the United States of America and the city of Galveston 

24 dated October 18, 1973, as amended. Upon conveyance 

25 of the Disposal Area surface estate, or any part of the 


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1 Disposal Area surface estate, the Department of the Army 

2 shall be compensated directly for the present value of the 

3 total costs to the Department for disposal of dredge mate4 rial and site preparation pursuant to the LCA, if any, in 

5 excess of the present value of the total costs that would 

6 have been incurred if this conveyance had not been made. 

7 ‘‘(d) DETERMINATION OF FAIR MARKET VALUE.— 

8 The fair market value of the Disposal Area surface estate 

9 or the part of the Disposal Area surface estate to be con10 veyed and the Pelican Island surface estate shall be deter11 mined by independent appraisers using the market value 

12 method. 

13 ‘‘(e) NAVIGATIONAL SERVITUDE.— 

14 ‘‘(1) DECLARATION OF NONNAVIGABILITY; PUB15 LIC INTEREST.—Unless the Secretary finds, after 

16 consultation with local and regional public officials 

17 (including local and regional public planning organi18 zations), that the proposed projects to be undertaken 

19 within the Disposal Area surface estate are not in 

20 the public interest then, subject to paragraphs (2) 

21 and (3), the Disposal Area surface estate is declared 

22 to be nonnavigable waters of the United States. 

23 ‘‘(2) LIMITS ON APPLICABILITY; REGULATORY

24 REQUIREMENTS.—The declaration under paragraph 

25 (1) shall apply only to those parts of the Disposal 


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1 Area surface estate which are or will be bulkheaded 

2 and filled or otherwise occupied by permanent struc3 tures, including marina facilities. All such work is 

4 subject to all applicable Federal statutes and regula5 tions including, but not limited to, sections 9 and 10 

6 of the Act of March 3, 1899 (30 Stat. 1151; 33 

7 U.S.C. 401 and 403), commonly known as the Riv8 ers and Harbors Appropriations Act of 1899, section 

9 404 of the Federal Water Pollution Control Act (33 

10 U.S.C. 1344), and the National Environmental Pol11 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

12 ‘‘(3) EXPIRATION DATE.—If, on October 28, 

13 2013, any area or part of the Disposal Area surface 

14 estate is not bulkheaded or filled or occupied by per15 manent structures, including marina facilities, in ac16 cordance with the requirements set out in paragraph 

17 (2), or if work in connection with any activity per18 mitted in paragraph (2) is not commenced within 5 

19 years after issuance of such permits, then the dec20 laration of nonnavigability for such area or part 

21 thereof shall expire. 

22 ‘‘(f) SURVEY AND STUDY.—The Disposal Area sur23 face estate and the Pelican Island surface estate shall be 


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1 surveyed and further legally described prior to convey2 ance.’’. 

Æ 


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