I

106TH CONGRESS

2D SESSION S. 2638

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 28, 2000

Referred to the Committee on Resources

AN ACT

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,
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1 TITLE I—ADDITION OF CAT IS2 LAND TO GULF ISLANDS NA3 TIONAL SEASHORE

4 SEC. 101. BOUNDARY ADJUSTMENT TO INCLUDE CAT IS5 LAND.

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

7 91–660 (16 U.S.C. 459h) is amended—

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

9 and inserting the following:

10 ‘‘SECTION 1. GULF ISLANDS NATIONAL SEASHORE.

11 ‘‘(a) ESTABLISHMENT.—In’’; and

12 (2) in the second sentence—

13 (A) by redesignating paragraphs (1)

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

15 respectively, and indenting appropriately;

16 (B) by striking ‘‘The seashore shall com17 prise’’ and inserting the following:

18 ‘‘(b) COMPOSITION.—

19 ‘‘(1) IN GENERAL.—The seashore shall com20 prise the areas described in paragraphs (2) and (3).

21 ‘‘(2) AREAS INCLUDED IN BOUNDARY PLAN

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

23 this paragraph are’’: and

24 (C) by adding at the end the following:
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1 ‘‘(3) CAT ISLAND.—Upon its acquisition by the

2 Secretary, the area described in this paragraph is

3 the parcel consisting of approximately 2,000 acres of

4 land on Cat Island, Mississippi, as generally depicted

5 on the map entitled ‘Boundary Map, Gulf Islands

6 National Seashore, Cat Island, Mississippi’, num7 bered 635/80085, and dated November 9, 1999 (re8 ferred to in this title as the ‘Cat Island Map’).

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

10 Map shall be on file and available for public inspec11 tion in the appropriate offices of the National Park

12 Service.’’.

13 (b) ACQUISITION AUTHORITY.—Section 2 of Public

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

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

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

17 land,’’; and

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

19 ‘‘(e) ACQUISITION AUTHORITY.—

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

21 from a willing seller only—

22 ‘‘(A) all land comprising the parcel de23 scribed in subsection (b)(3) that is above the

24 mean line of ordinary high tide, lying and being

25 situated in Harrison County, Mississippi;
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1 ‘‘(B) an easement over the approximately

2 150-acre parcel depicted as the ‘Boddie Family

3 Tract’ on the Cat Island Map for the purpose

4 of implementing an agreement with the owners

5 of the parcel concerning the development and

6 use of the parcel; and

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

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

9 the Cat Island Map; and

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

11 mile seaward of Cat Island (referred to in this

12 title as the ‘buffer zone’), except that sub13 merged land owned by the State of Mississippi

14 (or a subdivision of the State) may be acquired

15 only by donation.

16 ‘‘(2) ADMINISTRATION.—

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

18 land acquired under this subsection shall be ad19 ministered by the Secretary, acting through the

20 Director of the National Park Service.

21 ‘‘(B) BUFFER ZONE.—Nothing in this title

22 or any other provision of law shall require the

23 State of Mississippi to convey to the Secretary

24 any right, title, or interest in or to the buffer
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1 zone as a condition for the establishment of the

2 buffer zone.

3 ‘‘(3) MODIFICATION OF BOUNDARY.—The

4 boundary of the seashore shall be modified to reflect

5 the acquisition of land under this subsection only

6 after completion of the acquisition.’’.

7 (c) REGULATION OF FISHING.—Section 3 of Public

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

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

10 ‘‘The Secretary’’; and

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

12 ‘‘(b) NO AUTHORITY TO REGULATE MARITIME AC13 TIVITIES.—Nothing in this title or any other provision of

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

15 give the Secretary any authority, to regulate maritime ac16 tivities, including nonseashore fishing activities (including

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

18 of this subsection, is outside the designated boundary of

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

20 (d) AUTHORIZATION OF MANAGEMENT AGREE21 MENTS.—Section 5 of Public Law 91–660 (16 U.S.C.

22 459h–4) is amended—

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

24 ‘‘Except’’; and

25 (2) by adding at the end the following:
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1 ‘‘(b) AGREEMENTS.—

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

3 into agreements—

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

5 purposes of managing resources and providing

6 law enforcement assistance, subject to author7 ization by State law, and emergency services on

8 or within any land on Cat Island and any water

9 and submerged land within the buffer zone; and

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

11 150-acre parcel depicted as the ‘Boddie Family

12 Tract’ on the Cat Island Map concerning the

13 development and use of the land.

14 ‘‘(2) NO AUTHORITY TO ENFORCE CERTAIN

15 REGULATIONS.—Nothing in this subsection author16 izes the Secretary to enforce Federal regulations

17 outside the land area within the designated bound18 ary of the seashore.’’.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

20 11 of Public Law 91–660 (16 U.S.C. 459h–10) is

21 amended—

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

23 ‘‘There’’; and

24 (2) by adding at the end the following:
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1 ‘‘(b) AUTHORIZATION FOR ACQUISITION OF LAND.—

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

3 there are authorized to be appropriated such sums as are

4 necessary to acquire land and submerged land on and ad5 jacent to Cat Island, Mississippi.’’.

6 TITLE II—PECOS NATIONAL HIS7 TORICAL PARK LAND EX8 CHANGE

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘Pecos National Histor11 ical Park Land Exchange Act of 2000’’.

12 SEC. 202. DEFINITIONS.

13 As used in this title—

14 (1) the term ‘‘Secretaries’’ means the Secretary

15 of the Interior and the Secretary of Agriculture;

16 (2) the term ‘‘landowner’’ means Harold and

17 Elisabeth Zuschlag, owners of land within the Pecos

18 National Historical Park; and

19 (3) the term ‘‘map’’ means a map entitled

20 ‘‘Proposed Land Exchange for Pecos National His21 torical Park’’, numbered 430/80,054, and dated No22 vember 19, 1999, revised September 18, 2000.

23 SEC. 203. LAND EXCHANGE.

24 (a) Upon the conveyance by the landowner to the Sec25 retary of the Interior of the lands identified in subsection
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1 (b), the Secretary of Agriculture shall convey the following

2 lands and interests to the landowner, subject to the provi3 sions of this title:

4 (1) Approximately 160 acres of Federal lands

5 and interests therein within the Santa Fe National

6 Forest in the State of New Mexico, as generally de7 picted on the map.

8 (2) The Secretary of the Interior shall convey

9 an easement for water pipelines to two existing well

10 sites, located within the Pecos National Historical

11 Park, as provided in this paragraph.

12 (A) The Secretary of the Interior shall de13 termine the appropriate route of the easement

14 through Pecos National Historical Park and

15 such route shall be a condition of the easement.

16 The Secretary of the Interior may add such ad17 ditional terms and conditions relating to the use

18 of the well and pipeline granted under this ease19 ment as he deems appropriate.

20 (B) The easement shall be established, op21 erated, and maintained in compliance with all

22 Federal laws.

23 (b) The lands to be conveyed by the landowner to the

24 Secretary of the Interior comprise approximately 154
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1 acres within the Pecos National Historical Park as gen2 erally depicted on the map.

3 (c) The Secretary of Agriculture shall convey the

4 lands and interests identified in subsection (a) only if the

5 landowner conveys a deed of title to the United States,

6 that is acceptable to and approved by the Secretary of the

7 Interior.

8 (d) TERMS AND CONDITIONS.—

9 (1) IN GENERAL.—Except as otherwise pro10 vided in this title, the exchange of lands and inter11 ests pursuant to this title shall be in accordance

12 with the provisions of section 206 of the Federal

13 Land Policy and Management Act (43 U.S.C. 1716)

14 and other applicable laws including the National En15 vironmental Policy Act (42 U.S.C. 4321 et seq.).

16 (2) VALUATION AND APPRAISALS.—The values

17 of the lands and interests to be exchanged pursuant

18 to this title shall be equal, as determined by apprais19 als using nationally recognized appraisal standards

20 including the Uniform Appraisal Standards for Fed21 eral Land Acquisition. The Secretaries shall obtain

22 the appraisals and insure they are conducted in ac23 cordance with the Uniform Appraisal Standards for

24 Federal Land Acquisition. The appraisals shall be
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1 paid for in accordance with the exchange agreement

2 between the Secretaries and the landowner.

3 (3) COMPLETION OF THE EXCHANGE.—The ex4 change of lands and interests pursuant to this title

5 shall be completed not later than 180 days after Na6 tional Environmental Policy Act requirements have

7 been met and after the Secretary of the Interior ap8 proves the appraisals. The Secretaries shall report to

9 the Committee on Energy and Natural Resources of

10 the United States Senate and the Committee on Re11 sources of the United States House of Representa12 tives upon the successful completion of the exchange.

13 (4) ADDITIONAL TERMS AND CONDITIONS.—

14 The Secretaries may require such additional terms

15 and conditions in connection with the exchange of

16 lands and interests pursuant to this title as the Sec17 retaries consider appropriate to protect the interests

18 of the United States.

19 (5) EQUALIZATION OF VALUES.—

20 (A) The Secretary of Agriculture shall

21 equalize the values of Federal land conveyed

22 under subsection (a) and the land conveyed to

23 the Federal Government under subsection (b)—

24 (i) by the payment of cash to the Sec25 retary of Agriculture or the landowner, as
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1 appropriate, except that notwithstanding

2 section 206(b) of the Federal Land Policy

3 and Management Act of 1976 (43 U.S.C.

4 1716(b)), the Secretary of Agriculture may

5 accept a cash equalization payment in ex6 cess of 25 percent of the value of the Fed7 eral land; or

8 (ii) if the value of the Federal land is

9 greater than the land conveyed to the Fed10 eral government, by reducing the acreage

11 of the Federal land conveyed.

12 (B) DISPOSITION OF FUNDS.—Any funds

13 received by the Secretary of Agriculture as cash

14 equalization payment from the exchange under

15 this section shall be deposited into the fund es16 tablished by Public Law 90–171 (commonly

17 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a)

18 and shall be available for expenditure, without

19 further appropriation, for the acquisition of

20 land and interests in the land in the State of

21 New Mexico.

22 SEC. 204. BOUNDARY ADJUSTMENT AND MAPS.

23 (a) Upon acceptance of title by the Secretary of the

24 Interior of the lands and interests conveyed to the United

25 States pursuant to section 203 of this title, the boundaries
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1 of the Pecos National Historical Park shall be adjusted

2 to encompass such lands. The Secretary of the Interior

3 shall administer such lands in accordance with the provi4 sions of law generally applicable to units of the National

5 Park System, including the Act entitled ‘‘An Act to estab6 lish a National Park Service, and for other purposes’’, ap7 proved August 25, 1916 (16 U.S.C. 1, 2–4).

8 (b) The map shall be on file and available for public

9 inspection in the appropriate offices of the Secretaries.

10 (c) Not later than 180 days after completion of the

11 exchange described in section 203, the Secretaries shall

12 transmit the map accurately depicting the lands and inter13 ests conveyed to the Committee on Energy and Natural

14 Resources of the United States Senate and the Committee

15 on Resources of the United States House of Representa16 tives.

Passed the Senate October 27 (legislative day, September 22), 2000.

Attest: GARY SISCO,

Secretary.