[Congressional Record Volume 163, Number 126 (Wednesday, July 26, 2017)]
[House]
[Pages H6328-H6330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  ESCAMBIA COUNTY LAND CONVEYANCE ACT

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the

[[Page H6329]]

bill (H.R. 2370) to authorize Escambia County, Florida, to convey 
certain property that was formerly part of Santa Rosa Island National 
Monument and that was conveyed to Escambia County subject to 
restrictions on use and reconveyance.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2370

       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 ``Escambia County Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) County.--The term ``County'' means Escambia County, 
     Florida.
       (2) Non-federal land.--The term ``non-Federal land'' means 
     the former Santa Rosa Island National Monument land in the 
     State that was conveyed by the United States to the County 
     under the Act of July 30, 1946 (60 Stat. 712, chapter 699), 
     and by deed dated January 15, 1947.
       (3) State.--The term ``State'' means the State of Florida.

     SEC. 3. RECONVEYANCE OF NON-FEDERAL LAND TO ESCAMBIA COUNTY, 
                   FLORIDA.

       (a) In General.--Notwithstanding the restrictions on 
     conveyance in the Act of July 30, 1946 (60 Stat. 712, chapter 
     699), and the deed to the non-Federal land from the United 
     States to the County dated January 15, 1947, and subject to 
     subsections (c) through (g), the County may convey all right, 
     title, and interest of the County in and to the non-Federal 
     land or any portion of the non-Federal land, to any person or 
     entity, without any restriction on conveyance or reconveyance 
     imposed by the United States in that Act or deed.
       (b) Effect on Leasehold Interests.--No person or entity 
     holding a leasehold interest in the non-Federal land as of 
     the date of enactment of this Act shall be required to 
     involuntarily accept a fee interest to the non-Federal land 
     in place of the leasehold interest in the non-Federal land.
       (c) Conveyance of Land Within Santa Rosa County, Florida.--
       (1) In general.--As a condition of the authority granted to 
     the County to convey the non-Federal land under subsection 
     (a), all right, title, and interest of the County in and to 
     any portion of the non-Federal land that is within the 
     jurisdictional boundaries of Santa Rosa County, Florida, 
     shall be conveyed by the County to Santa Rosa County, 
     Florida, by the date that is 2 years after the date of 
     enactment of this Act.
       (2) Requirements.--A conveyance under paragraph (1) shall--
       (A) be absolute;
       (B) terminate--
       (i) any subjugation of Santa Rosa County, Florida, to the 
     County; or
       (ii) any regulation of Santa Rosa County, Florida, by the 
     County; and
       (C) be without consideration, except that the County may 
     require Santa Rosa County, Florida, to pay the actual costs 
     associated with the conveyance of the non-Federal land to 
     Santa Rosa County, Florida.
       (3) Assumption of ownership; imposition of restrictions.--
     On conveyance of the non-Federal land to Santa Rosa County, 
     Florida, under paragraph (1), Santa Rosa County, Florida--
       (A) shall assume ownership of the non-Federal land free of 
     the restrictions on the non-Federal land described in 
     subsection (g); and
       (B) may establish any lawful restrictions on, or criteria 
     for the reconveyance of, the non-Federal land to any 
     leaseholder of the non-Federal land.
       (4) Reconveyance.--Santa Rosa County, Florida, or any other 
     person to whom Santa Rosa County, Florida, reconveys the non-
     Federal land may reconvey the non-Federal land or any portion 
     of the non-Federal land conveyed to Santa Rosa County, 
     Florida, under paragraph (1).
       (d) Incorporation or Annexation.--An owner or leaseholder 
     of the non-Federal land conveyed under this section may 
     pursue incorporation, annexation, or any other governmental 
     status for the non-Federal land, if the owner or leaseholder 
     complies with the legal conditions required for 
     incorporation, annexation, or the other governmental status.
       (e) Jurisdiction.--The non-Federal land shall be subject to 
     the jurisdiction of the county or unit of local government in 
     which the non-Federal land is located.
       (f) Proceeds.--Any proceeds from the conveyance of the non-
     Federal land by the County or Santa Rosa County, Florida 
     (other than amounts paid for the direct and incidental costs 
     associated with the conveyance), under this section shall--
       (1) be considered to be windfall profits; and
       (2) revert to the United States.
       (g) Preservation.--As a condition of the grant of the 
     authority to convey the non-Federal land under subsection 
     (a), the County shall preserve in perpetuity the areas of the 
     non-Federal land that, as of the date of enactment of this 
     Act, are dedicated for conservation, preservation, public 
     recreation access, and public parking, in accordance with any 
     resolutions of the Board of Commissioners of the County.
       (h) Determination of Compliance.--The County and Santa Rosa 
     County, Florida--
       (1) except as provided in subsection (c)(1), shall not be 
     subject to a deadline or requirement to make any conveyance 
     or reconveyance of the non-Federal land authorized under this 
     section; and
       (2) may establish terms for the conveyance or reconveyance 
     of the non-Federal land authorized under this section, 
     subject to this Act and applicable State law.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentleman from Missouri (Mr. Clay) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days 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 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, it is my pleasure to yield such time as 
he may consume to the gentleman from Florida (Mr. Gaetz), the author of 
this measure.
  Mr. GAETZ. Mr. Speaker, I thank Chairman McClintock as well as the 
great leadership of the House Natural Resources Committee.
  This legislation impacts residents on Navarre Beach and Pensacola 
Beach in Florida's First Congressional District. Some of those 
residents are now being double taxed because they have been forced to 
pay ad valorem property tax payments to the government in addition to 
lease payments. This legislation will grant fee simple title to these 
affected residents so that they are not double taxed and simply make an 
ad valorem payment like all other Floridians.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2370, introduced by Representative Gaetz, settles a 
longstanding land management issue in his Florida district. 
Specifically, the bill transfers land associated with the former Santa 
Rosa Island National Monument to Escambia County. Once it is 
transferred to Escambia County, the bill authorizes a second transfer 
to Santa Rosa County, without any conditions or further restrictions.
  The land in question was provided to the county by the Federal 
Government in 1947 under the condition it remain in use for a public 
purpose. In 1956, the county decided a 100-year lease to neighboring 
Santa Rosa County was in the public interest. In the 61 years since, 
the counties have grown and prospered, but due to the terms of the 
original conveyance and subsequent lease, there is some confusion about 
Santa Rosa County's power to tax.
  This bill will clear up some administrative challenges that have 
arisen out of this unusual arrangement, a goal that we support. 
However, it will also allow for developments that conflict with the 
terms of the original conveyance.
  As drafted, this bill authorizes activities that will do significant 
environmental damage to a fragile coastal barrier island and 
potentially lead to the privatization of land on Santa Rosa Island. 
Neither of these results is in the public interest or consistent with 
congressional intent.
  Congress granted Escambia County this land with one condition, which 
this bill completely ignores. We understand how important this bill is 
for Escambia and Santa Rosa Counties, but honoring the original intent 
of this land grant is as important as well.
  It is our hope that we can work with our colleagues in the Senate to 
make improvements to this legislation that will continue to protect the 
interests of the American taxpayers in this land deal.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to begin by assuaging the concerns raised 
by my friend from Missouri. A provision in the bill--and I will simply 
read it--I think, answers his concerns rather clearly. It says:
  ``. . . the county shall preserve in perpetuity the areas of the non-
Federal land that, as of the date of enactment of this act, are 
dedicated for conservation, preservation, public recreation access, and 
public parking, in accordance with any resolutions of the Board of 
Commissioners of the county.''

[[Page H6330]]

  As my friend has pointed out, Congress established the Santa Rosa 
National Monument and directed the Secretary of the Interior to convey 
the Federal land in the monument to Escambia County, Florida, back in 
1946. Just 6 months later, the land was deeded to the county. Under the 
terms of the conveyance, Escambia County was given the authority to 
lease the property on Santa Rosa Island; however, they were not allowed 
to issue title on the property or otherwise dispose of it or reconvey 
it.
  In the intervening years since then, Santa Rosa Island has 
experienced tremendous economic growth. This growth prompted county 
leaders to assess property taxes on the leased lands. The imposition of 
taxes led to several lawsuits centered on the question of whether 
island residents and businessowners paying lease fees for their land 
could be taxed, despite not having outright ownership of the property.
  Courts have reached different conclusions based on differences in the 
language of particular leases, which has created fairness issues for 
the county governments of Escambia and Santa Rosa. One property may be 
subject to property taxes, while a virtually identical property next 
door may not. This uneven treatment has prompted interest in removing 
the deed restriction prohibiting reconveyance, which then allows the 
county governments to convey ownership and create a uniform tax 
treatment for all properties on the beach.
  Recently, both Escambia County and neighboring Santa Rosa County 
passed resolutions asking for a Federal solution to allow current Santa 
Rosa Island leaseholders the option of attaining fee simple title while 
protecting public access to the beaches and conservation areas on the 
island.
  I commend my colleague, Congressman Gaetz, for listening to his 
constituents and working to find a solution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CLAY. Mr. Speaker, in closing, I appreciate my friend from 
California for that explanation. Hopefully, my colleague, 
Representative Gaetz, will try to strike a balance between protecting 
our environment, protecting the pristine nature of that island, as well 
as looking out for the best interests of his constituents when this 
bill gets to the Senate. So, therefore, we will not oppose it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I thank the gentleman for his comments.
  I would simply add that one of the overarching objectives of the 
Federal Lands Subcommittee is to restore the Federal Government as a 
good neighbor to those communities impacted by the public lands. This 
bill is an example of that principle at work, and I would urge adoption 
of the measure.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 2370.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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