[Congressional Record Volume 156, Number 103 (Tuesday, July 13, 2010)]
[House]
[Pages H5513-H5514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FORT PULASKI NATIONAL MONUMENT LEASE AUTHORIZATION ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4773) to authorize the Secretary of the Interior to lease 
certain lands within Fort Pulaski National Monument, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4773

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Pulaski National 
     Monument Lease Authorization Act''.

     SEC. 2. LEASE AUTHORIZATION.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') may lease to the 
     Savannah Bar Pilots Association, or a successor organization, 
     no more than 30,000 square feet of land and improvements 
     within Fort Pulaski National Monument (referred to in this 
     section as the ``Monument'') at the location on Cockspur 
     Island that has been used continuously by the Savannah Bar 
     Pilots Association since 1940.
       (b) Rental Fee and Proceeds.--
       (1) Rental fee.--For the lease authorized by this Act, the 
     Secretary shall require a rental fee based on fair market 
     value adjusted, as the Secretary deems appropriate, for 
     amounts to be expended by the lessee for property 
     preservation, maintenance, or repair and related expenses.
       (2) Proceeds.--Disposition of the proceeds from the rental 
     fee required pursuant to paragraph (1) shall be made in 
     accordance with section 3(k)(5) of Public Law 91-383 (16 
     U.S.C. 1a-2(k)(5)).
       (c) Terms and Conditions.--A lease entered into under this 
     section--
       (1) shall be for a term of no more than 10 years and, at 
     the Secretary's discretion, for successive terms of no more 
     than 10 years at a time; and
       (2) shall include any terms and conditions the Secretary 
     determines to be necessary to protect the resources of the 
     Monument and the public interest.
       (d) Exemption From Applicable Law.--Except as provided in 
     section 2(b)(2) of this Act, the lease authorized by this Act 
     shall not be subject to section 3(k) of Public Law 91-383 (16 
     U.S.C. 1a-2(k)) or section 321 of Act of June 30, 1932 (40 
     U.S.C. 1302).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentlewoman from Wyoming (Mrs. Lummis) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, H.R. 4773, introduced by Representative 
Jack Kingston of Georgia, would allow the National Park Service to 
lease a small facility at Fort Pulaski National Monument to the 
Savannah Bar Pilots Association.
  The pilots perform a vital public service, keeping the Savannah River 
and the harbor safe, and they have used this facility at Fort Pulaski 
for more

[[Page H5514]]

than 40 years under a special use permit. H.R. 4773 would regularize 
that arrangement under a lease.
  Mr. Speaker, we urge support of H.R. 4773.
  I reserve the balance of my time.
  Mrs. LUMMIS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4773 would allow the Savannah Bar Pilots 
Association to continue leasing a facility at Fort Pulaski National 
Monument, as they have done since the 1940s. The National Park Service 
supports this legislation, and we are pleased that this is one piece of 
legislation that will not place additional burdens on American 
taxpayers.
  I urge my colleagues to support the legislation.
  Mr. KINGSTON. Mr. Speaker, in the simplest terms, my bill allows the 
Secretary of the Interior to enter into a lease with the Savannah Bar 
Pilots Association for the Bar Pilots' continued use of the pilot base 
located on Cockspur Island at Fort Pulaski National Monument. They 
currently operate under a similar arrangement, and this bill simply 
aims to prolong the relationship between the Park Service and the Bar 
Pilots. Since 1940, the Pilots Association has continuously occupied a 
facility at Fort Pulaski which acts as a station for the pilots to move 
to and from the vessels that call on the Port of Savannah. The original 
special use permit allowing the pilots' station at Fort Pulaski was the 
result of a direct order from the Secretary of the Interior.
  The Bar Pilots perform a vital role in the operation of the Port of 
Savannah. The pilots assist cargo ships navigating the Savannah River 
to reach the Georgia Port Authority's Garden City Terminal, which is 
about 20 miles from the mouth of the Savannah River. After an incoming 
ship contacts the pilots and a meeting is established, the pilots are 
ferried on one of several pilot boats, up to 12 miles, to the 
``pilotage grounds'' outside the channel in the Atlantic Ocean, where 
vessels wait for the pilots. The Bar Pilots then climb aboard the ship 
and tell the ship's captain how to safely pass the dangerous sand bars 
in the Savannah River. Pilots must not only hold an unlimited Coast 
Guard license, but demonstrate an absolute knowledge of the river. The 
Cockspur Island location was chosen due to its location between the 
Garden City terminal and the pilotage grounds in the Atlantic Ocean.
  The Savannah River Pilots contributions to Savannah can be traced 
back to 1760s. According to early records, William Lyford established a 
pilot house on Cockspur in 1768 to help ships from England carrying 
lumber, cattle, hogs, and poultry navigate the shallow and muddy waters 
of the Savannah River. By the early 1800s, trade between Savannah and 
England was thriving, and more able pilots were needed to help the 
influx of ships through the channel. In 1864, the Savannah Pilots 
Association was formally organized to emphasize the city's commitment 
to developing Savannah as a port city. Today, the Port of Savannah is 
the second largest container port on the East Coast, the fourth largest 
in the Nation, and the fastest growing container port in the United 
States. One out of every 14 jobs in Georgia can be directly or 
indirectly tied to the state's ports and over 1,700 new port-related 
jobs were announced in 2009. The success of the Port of Savannah can be 
tied to the expertise of the Bar Pilots who guide the container ships 
safely into the harbor. Every cargo ship above 200 gross tons--which is 
nearly every ship that calls on the Port of Savannah--must have bar 
pilot on board.
  Since 1940, the Savannah Bar Pilots Association has been entering 
into special use permits with the U.S. Department of the Interior for 
the use of the station at Fort Pulaski. The terms of these permits have 
ranged in length from a one-year permit to a 20 year permit that 
existed from 1973 to 1993. The current special use permit between the 
Pilots Association and the Department of Interior was entered on 
December 8, 2008 and expires on December 8, 2010. Because of recent 
changes to the Department of the Interior's policies regarding special 
use permits at various national parks and national monuments, the 
National Park Service since 2007 has been discussing with the Pilots 
Association a long term arrangement to enable the Pilots Association to 
continue to use the facility at Fort Pulaski. H.R. 4773 is the result 
of research done by attorneys for the Department of the Interior and 
counsel for the Pilots Association. The legislation will enable the 
Pilots Association to enter into a renewable 10 year lease with the 
Department of Interior, the pricing for which will be based upon fair 
market value for the property. The authorization for a 10 year lease 
will enable Fort Pulaski National Monument and the Pilots Association 
to continue their relationship spanning more than 70 years on Cockspur 
Island that has been beneficial for both parties.
  Other than the location at Fort Pulaski, there is no other available 
land near the Savannah River entrance from which the pilot boats can 
reach the pilotage grounds off the coast of Georgia. Any relocation of 
the pilot station would result in longer transit times for vessels, 
increased safety risks in foul weather, possible delays in ship 
movements, and greater fuel usage and operating costs for the pilots 
and ships requiring pilotage services. H.R. 4773 does not seek to give 
any special treatment to the Bar Pilots. They currently operate under a 
similar agreement, and this bill simply aims to prolong this 
relationship between the Park Service and the Bar Pilots that has 
allowed the Bar Pilots to effectively perform the valuable public 
service of facilitating international commerce and economic 
development. Employees of the Park Service initially approached the Bar 
Pilots to suggest legislative action, and the Park Service has been 
involved in this process every step of the way. This bill will not take 
land out of the Park Service's protection, nor will it pose any cost to 
the American taxpayers. In fact, the bill requires Bar Pilots will to 
help with park maintenance costs. We are not aware of any local 
opposition.
  Mrs. LUMMIS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge all Members to support the 
bill.
  I have no further requests for time, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 4773.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. BORDALLO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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