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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AUTHORIZATION TO CONVEY THE SURFACE ES-
TATE OF THE SAN JACINTO DISPOSAL AREA 
IN GALVESTON, TEXAS. 
Section 108 of the Energy and Water Development 
Appropriations Act, 1994 (33 U.S.C. 59hh) is amended 
to read as follows: 
‘‘SEC. 108. (a) IN GENERAL.—The Secretary of the 
Army is authorized to convey to the city of Galveston, 
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Texas, the surface estate of all or any part of a parcel 
of land containing approximately 605 acres known as the 
San Jacinto Disposal Area located on the east end of Gal-
veston Island, Texas, in the W.A.A. Wallace Survey, A– 
647 and A–648, city of Galveston, Galveston County, 
Texas, being part of the old Fort San Jacinto site (in this 
section referred to as the ‘Disposal Area surface estate’), 
at the fair market value of the Disposal Area surface es-
tate to be determined in accordance with the provisions 
of subsection (d). Such conveyance shall only be made by 
the Secretary of the Army upon the agreement of the Sec-
retary and the city as to all compensation due herein. 
‘‘(b) COMPENSATION FOR CONVEYANCE.— 
‘‘(1) IN GENERAL.—Upon receipt of compensa-
tion from the city of Galveston, the Secretary shall 
convey the Disposal Area surface estate, or any part 
of the Disposal Area surface estate. 
‘‘(2) CONVEYANCE
OF
THE
DISPOSAL
AREA 
SURFACE ESTATE.—If the full Disposal Area surface 
estate is conveyed, the compensation shall be— 
‘‘(A) conveyance to the Department of the 
Army of the surface estate of a parcel of land 
containing approximately 564 acres on Pelican 
Island, Texas, in the Eneas Smith Survey, A– 
190, Pelican Island, city of Galveston, Gal-
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veston County, Texas, adjacent to property cur-
rently owned by the United States (in this sec-
tion referred to as the ‘Pelican Island surface 
estate’), with the fair market value of the Peli-
can Island surface estate being determined in 
accordance with subsection (d); and 
‘‘(B) payment to the United States of an 
amount equal to the difference between the fair 
market value of the Disposal Area surface es-
tate and the fair market value of the Pelican Is-
land surface estate. 
‘‘(3) CONVEYANCE OF PART OF THE DISPOSAL 
AREA SURFACE ESTATE.—If the conveyance is 125 
acres or less, compensation shall be an amount equal 
to the fair market value of the part of the Disposal 
Area surface estate to be conveyed, with the fair 
market value of the part of the Disposal Area sur-
face estate to be conveyed being determined in ac-
cordance with subsection (d). 
‘‘(c) DISPOSITION OF SPOIL.—Costs of maintaining 
the Galveston Harbor and Channel will continue to be gov-
erned by the Local Cooperation Agreement (LCA) between 
the United States of America and the city of Galveston 
dated October 18, 1973, as amended. Upon conveyance 
of the Disposal Area surface estate, or any part of the 
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Disposal Area surface estate, the Department of the Army 
shall be compensated directly for the present value of the 
total costs to the Department for disposal of dredge mate-
rial and site preparation pursuant to the LCA, if any, in 
excess of the present value of the total costs that would 
have been incurred if this conveyance had not been made. 
‘‘(d) DETERMINATION OF FAIR MARKET VALUE.— 
The fair market value of the Disposal Area surface estate 
or the part of the Disposal Area surface estate to be con-
veyed and the Pelican Island surface estate shall be deter-
mined by independent appraisers using the market value 
method. 
‘‘(e) NAVIGATIONAL SERVITUDE.— 
‘‘(1) DECLARATION OF NONNAVIGABILITY; PUB-
LIC
INTEREST.—Unless the Secretary finds, after 
consultation with local and regional public officials 
(including local and regional public planning organi-
zations), that the proposed projects to be undertaken 
within the Disposal Area surface estate are not in 
the public interest then, subject to paragraphs (2) 
and (3), the Disposal Area surface estate is declared 
to be nonnavigable waters of the United States. 
‘‘(2) LIMITS ON APPLICABILITY; REGULATORY 
REQUIREMENTS.—The declaration under paragraph 
(1) shall apply only to those parts of the Disposal 
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Area surface estate which are or will be bulkheaded 
and filled or otherwise occupied by permanent struc-
tures, including marina facilities. All such work is 
subject to all applicable Federal statutes and regula-
tions including, but not limited to, sections 9 and 10 
of the Act of March 3, 1899 (30 Stat. 1151; 33 
U.S.C. 401 and 403), commonly known as the Riv-
ers and Harbors Appropriations Act of 1899, section 
404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344), and the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) EXPIRATION
DATE.—If, on October 28, 
2013, any area or part of the Disposal Area surface 
estate is not bulkheaded or filled or occupied by per-
manent structures, including marina facilities, in ac-
cordance with the requirements set out in paragraph 
(2), or if work in connection with any activity per-
mitted in paragraph (2) is not commenced within 5 
years after issuance of such permits, then the dec-
laration of nonnavigability for such area or part 
thereof shall expire. 
‘‘(f) SURVEY AND STUDY.—The Disposal Area sur-
face estate and the Pelican Island surface estate shall be 
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surveyed and further legally described prior to convey-
ance.’’. 
Æ 
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