[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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