II

106TH CONGRESS

2D SESSION S. 2638

To adjust the boundaries of the Gulf Islands National Seashore to include

Cat Island, Mississippi.

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. COCHRAN (for himself and Mr. LOTT) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To adjust the boundaries of the Gulf Islands National

Seashore to include Cat Island, Mississippi.

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

3 SECTION 1. BOUNDARY ADJUSTMENT TO INCLUDE CAT IS4 LAND.

5 (a) IN GENERAL.—The first section of Public Law

6 91–660 (16 U.S.C. 459h) is amended—

7 (1) in the first sentence, by striking ‘‘That, in’’

8 and inserting the following:

9 ‘‘SECTION 1. GULF ISLANDS NATIONAL SEASHORE.

10 ‘‘(a) ESTABLISHMENT.—In’’; and
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1 (2) in the second sentence—

2 (A) by redesignating paragraphs (1)

3 through (6) as subparagraphs (A) through (F),

4 respectively, and indenting appropriately;

5 (B) by striking ‘‘The seashore shall com6 prise’’ and inserting the following:

7 ‘‘(b) COMPOSITION.—

8 ‘‘(1) IN GENERAL.—The seashore shall com9 prise the areas described in paragraphs (2) and (3).

10 ‘‘(2) AREAS INCLUDED IN BOUNDARY PLAN

11 NUMBERED NS-GI-7100J.—The areas described in

12 this paragraph are’’: and

13 (C) by adding at the end the following:

14 ‘‘(3) CAT ISLAND.—The area described in this

15 paragraph is the parcel consisting of approximately

16 2,000 acres of land on Cat Island, Mississippi, as

17 generally depicted on the map entitled ‘Boundary

18 Map, Gulf Islands National Seashore, Cat Island,

19 Mississippi’, numbered 635/80085, and dated No20 vember 9, 1999 (referred to in this Act as the ‘Cat

21 Island Map’).

22 ‘‘(4) AVAILABILITY OF MAP.—The Cat Island

23 Map shall be on file and available for public inspec24 tion in the appropriate offices of the National Park

25 Service.’’.
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1 (b) ACQUISITION AUTHORITY.—Section 2 of Public

2 Law 91–660 (16 U.S.C. 459h–1) is amended—

3 (1) in the first sentence of subsection (a), by

4 striking ‘‘lands,’’ and inserting ‘‘submerged land,

5 land,’’; and

6 (2) by adding at the end the following:

7 ‘‘(e) ACQUISITION AUTHORITY.—

8 ‘‘(1) IN GENERAL.—The Secretary may acquire,

9 from a willing seller only—

10 ‘‘(A) all land comprising the parcel de11 scribed in subsection (b)(3) that is above the

12 mean line of ordinary high tide, lying and being

13 situated in Harrison County, Mississippi, con14 sisting of—

15 ‘‘(i) Sections 25 and 26, Township 9

16 South, Range 12 West;

17 ‘‘(ii) Sections 22, 27, 28, 29, 30, 31,

18 32, 33, and 34, Township 9 South, Range

19 11 West; and

20 ‘‘(iii) Section 4, Township 10 South,

21 Range 11 West;

22 ‘‘(B) an easement over the approximately

23 150-acre parcel depicted as the ‘Boddie Family

24 Tract’ on the Cat Island Map for the purpose

25 of implementing an agreement with the owners
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1 of the parcel concerning the development and

2 use of the parcel; and

3 ‘‘(C)(i) land and interests in land on Cat

4 Island outside the 2,000-acre area depicted on

5 the Cat Island Map; and

6 ‘‘(ii) submerged land that lies within 1

7 mile seaward of Cat Island (referred to in this

8 Act as the ‘buffer zone’), except that submerged

9 land owned by the State of Mississippi (or a

10 subdivision of the State) may be acquired only

11 by donation.

12 ‘‘(2) ADMINISTRATION.—

13 ‘‘(A) IN GENERAL.—Land and interests in

14 land acquired under this subsection shall be ad15 ministered by the Secretary, acting through the

16 Director of the National Park Service.

17 ‘‘(B) BUFFER ZONE.—Nothing in this Act

18 or any other provision of law shall require the

19 State of Mississippi to convey to the Secretary

20 any right, title, or interest in or to the buffer

21 zone as a condition for the establishment of the

22 buffer zone.

23 ‘‘(3) MODIFICATION OF BOUNDARY.—The

24 boundary of the seashore shall be modified to reflect

25 the acquisition of land under this subsection.’’.
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1 (c) REGULATION OF FISHING.—Section 3 of Public

2 Law 91–660 (16 U.S.C. 459h–2) is amended—

3 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

4 ‘‘The Secretary’’; and

5 (2) by adding at the end the following:

6 ‘‘(b) NO AUTHORITY TO REGULATE MARITIME AC7 TIVITIES.—Nothing in this Act or any other provision of

8 law shall affect any right of the State of Mississippi, or

9 give the Secretary any authority, to regulate maritime ac10 tivities, including nonseashore fishing activities (including

11 shrimping), in any area that, on the date of enactment

12 of this subsection, is outside the designated boundary of

13 the seashore (including the buffer zone).’’.

14 (d) AUTHORIZATION OF MANAGEMENT AGREE15 MENTS.—Section 5 of Public Law 91–660 (16 U.S.C.

16 459h–4) is amended—

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

18 ‘‘Except’’; and

19 (2) by adding at the end the following:

20 ‘‘(b) AGREEMENTS.—

21 ‘‘(1) IN GENERAL.—The Secretary may enter

22 into agreements—

23 ‘‘(A) with the State of Mississippi for the

24 purposes of managing resources and providing

25 law enforcement assistance, subject to author-
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1 ization by State law, and emergency services on

2 or within any land on Cat Island and any water

3 and submerged land within the buffer zone; and

4 ‘‘(B) with the owners of the approximately

5 150-acre parcel depicted as the ‘Boddie Family

6 Tract’ on the Cat Island Map concerning the

7 development and use of the land.

8 ‘‘(2) NO AUTHORITY TO ENFORCE CERTAIN

9 REGULATIONS.—Nothing in this subsection author10 izes the Secretary to enforce Federal regulations

11 outside the land area within the designated bound12 ary of the seashore.’’.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

14 11 of Public Law 91–660 (16 U.S.C. 459h–10) is

15 amended—

16 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

17 ‘‘There’’; and

18 (2) by adding at the end the following:

19 ‘‘(b) AUTHORIZATION FOR ACQUISITION OF LAND.—

20 In addition to the funds authorized by subsection (a),

21 there are authorized to be appropriated such sums as are

22 necessary to acquire land and submerged land on and ad23 jacent to Cat Island, Mississippi.’’.
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1 SEC. 2. MINERAL RIGHTS.

2 Section 2 of Public Law 91–660 (16 U.S.C. 459h–

3 1) (as amended by section 1(b)(2)) is amended by adding

4 at the end the following:

5 ‘‘(f) MINERAL RIGHTS.—The United States did not

6 intend to acquire, and did not acquire, any right in or

7 to any oil, gas, or other minerals through the acquisition,

8 from the State of Mississippi, of land that comprises the

9 seashore, including any right in or to—

10 ‘‘(1) oil, gas, or any other liquid or gaseous

11 mineral (including the constituent products of the

12 mineral) producible through the boring of any well

13 through land described in this section; or

14 ‘‘(2) coal, lignite, uranium, sand, gravel, or any

15 other solid or hard mineral producible by surface or

16 subsurface mining on or under land described in this

17 section.’’.

18 SEC. 3. RELIEF FOR BEGGERLY FAMILY.

19 (a) IN GENERAL.—The Secretary of the Treasury

20 shall pay to the heirs of Clark M. Beggerly, Sr., of Jack21 son County, Mississippi, an amount for the full settlement

22 of all claims of those heirs arising from the taking by the

23 United States of certain parcels of land on Horn Island,

24 Mississippi, owned or occupied by Clark M. Beggerly, Sr.,

25 or his heirs.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as are nec3 essary to carry out subsection (a).

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