[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[Senate]
[Pages S3859-S3860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2856. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. 28____. LAND EXCHANGE, GULF ISLANDS NATIONAL SEASHORE.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
parcel of approximately 1.542 acres of land that is located
within the Gulf Islands National Seashore in Jackson County,
Mississippi, and identified as ``NPS Exchange Area'' on the
Map.
(2) Map.--The term ``Map'' means the map entitled ``Gulf
Islands National Seashore, Proposed Land Exchange with VFW,
Davis Bayou Area--Jackson County, MS'', numbered 635/133309,
and dated June 2016.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcel of approximately 2.161 acres of land that is
located in Jackson County, Mississippi, and identified as
``VFW Exchange Area'' on the Map.
(4) Post.--The term ``Post'' means the Veterans of Foreign
Wars Post 5699.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Authorization of Exchange.--The Secretary may convey to
the Post all right, title, and interest of the United States
in and to the Federal land in exchange for the conveyance by
the Post to the Secretary of all right, title, and interest
of the Post in and to the non-Federal land.
(c) Equal Value Exchange.--
(1) In general.--The values of the Federal land and non-
Federal land to be exchanged under this section shall be
equal, as determined by an appraisal conducted--
(A) by a qualified and independent appraiser; and
(B) in accordance with nationally recognized appraisal
standards.
(2) Equalization.--If the values of the Federal land and
non-Federal land to be exchanged under this section are not
equal, the values shall be equalized through--
(A) a cash payment; or
(B) adjustments to the acreage of the Federal land or non-
Federal land to be exchanged, as applicable.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--As a condition of the exchange
authorized under this section, the Secretary shall require
the Post to pay the costs to be incurred by the Secretary, or
to reimburse the Secretary for the costs incurred by the
Secretary, to carry out the exchange, including--
(A) survey costs;
(B) any costs relating to environmental documentation; and
(C) any other administrative costs relating to the land
exchange.
(2) Refund.--If the Secretary collects amounts from the
Post under paragraph (1) before the Secretary incurs the
actual costs and the amount collected by the Secretary
exceeds the costs actually incurred by the Secretary to carry
out the land exchange under this section, the Secretary shall
provide to the Post a refund of the excess amount paid by the
Post.
(3) Treatment of certain amounts received.--Amounts
received by the Secretary from the Post as reimbursement for
costs incurred under paragraph (1) shall be--
(A) credited to the fund or account from which amounts were
used to pay the costs incurred by the Secretary in carrying
out the land exchange;
(B) merged with amounts in the fund or account to which the
amounts were credited under subparagraph (A); and
(C) available for the same purposes as, and subject to the
same conditions and limitations applicable to, amounts in the
fund or account to which the amounts were credited under
subparagraph (A).
(e) Description of Federal Land and Non-Federal Land.--The
exact acreage and legal description of the Federal land and
non-Federal land to be exchanged under this section shall be
determined by surveys that are determined to be satisfactory
by the Secretary and the Post.
(f) Conveyance Agreement.--The exchange of Federal land and
non-Federal land under this section shall be--
(1) carried out through a quitclaim deed or other legal
instrument; and
(2) subject to such terms and conditions as are mutually
satisfactory to the Secretary and the Post, including such
additional terms and conditions as the Secretary considers to
be appropriate to protect the interests of the United States.
[[Page S3860]]
(g) Valid Existing Rights.--The exchange of Federal land
and non-Federal land authorized under this section shall be
subject to valid existing rights.
(h) Title Approval.--Title to the Federal land and non-
Federal land to be exchanged under this section shall be in a
form acceptable to the Secretary.
(i) Treatment of Acquired Land.--Any non-Federal land and
interests in non-Federal land acquired by the United States
under this section shall be administered by the Secretary as
part of the Gulf Islands National Seashore.
(j) Modification of Boundary.--On completion of the
exchange of Federal land and non-Federal land under this
section, the Secretary shall modify the boundary of the Gulf
Islands National Seashore to reflect the exchange of Federal
land and non-Federal land.
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