[House Report 106-447]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-447

======================================================================



 
   TO ADJUST THE BOUNDARIES OF THE GULF ISLANDS NATIONAL SEASHORE TO 
                    INCLUDE CAT ISLAND, MISSISSIPPI

                                _______
                                

November 4, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2541]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2541) to adjust the boundaries of the Gulf Islands 
National Seashore to include Cat Island, Mississippi, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. BOUNDARY ADJUSTMENT.

  (a) In General.--The first section of Public Law 91-660 (16 U.S.C. 
459h; 84 Stat. 1967) is amended--
          (1) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F) and adjusting the margin 2 ems to 
        the right;
          (2) by striking ``shall comprise the following gulf coast'' 
        and inserting the following: ``shall comprise the following:
          ``(1) The gulf coast''; and
          (3) by adding at the end the following new paragraph:
          ``(2)(A) Only after acquisition by the Secretary from a 
        willing seller, (i) the water area adjacent to the shoreline of 
        Cat Island that is not owned by the State of Mississippi on the 
        date of the enactment of this paragraph, and (ii) all of the 
        property on Cat Island, Mississippi, except that property 
        described in subparagraph (B).
          ``(B) The property to be excluded from the boundaries of the 
        seashore pursuant to subparagraph (A) is as follows:
                  ``(i) A parcel of land situated and being located in 
                Sections 32 and 33 of the Claim of Juan de Cuevas as 
                patented on February 23, 1882, Township 9 South, Range 
                11 West, First Judicial District of Harrison County, 
                Mississippi and being more particularly described as 
                follows, to-wit: Beginning at the Northeast corner of 
                Lot 2 of the Survey of Bayou Marie Ridge, Unit 1-A 
                (Plat Book 27, Page 10); thence run South 77 degrees 21 
                minutes 26 seconds East 77.73 feet to the Northeast 
                corner of Lot 1 of the Survey of Bayou Marie Ridge, 
                Unit 1-A; thence run South 12 degrees 09 minutes 44 
                seconds West 115.64 feet to the Southeast corner of 
                said Lot 1; thence run South 78 degrees 22 minutes 34 
                seconds East 80.00 feet to a point on the easterly end 
                of a canal; thence run South 11 degrees 55 minutes 46 
                seconds West 80.49 feet to a point on the southerly 
                margin of a canal; thence run North 78 degrees 07 
                minutes 53 seconds West 700.32 feet along the southerly 
                margin of a canal to the Northeast corner of Lot 20 of 
                the Survey of Bayou Marie Ridge, Unit 2-A; thence run 
                South 10 degrees 23 minutes 52 seconds West 124.47 feet 
                to the Southeast corner of said Lot 20; thence run 
                North 78 degrees 27 minutes 44 seconds West 166.82 feet 
                along the south line of Lots 20 and 19 of the Survey of 
                Bayou Marie Ridge, Unit 2-A; thence run North 11 
                degrees 12 minutes 19 seconds East 124.71 feet to the 
                Northwest corner of said Lot 19; thence run North 78 
                degrees 22 minutes 10 seconds West 1,436.58 feet along 
                the northerly line of Lot 18 through 1, inclusive of 
                the Survey of Bayou Marie Ridge, Unit 2-A to the 
                Northwest corner of said Lot 1; thence run South 11 
                degrees 37 minutes 50 seconds West along the westerly 
                line of said Lot 1 and a southerly projection thereof a 
                distance of 395 feet, more or less to the centerline of 
                a shell road; thence generally westerly 2,943 feet, 
                more or less, along the centerline of said shell road; 
                thence run South 00 degrees 00 minutes 00 seconds East 
                835 feet, more or less, to a point on the shoreline of 
                an inlet to Little Bay/South Bayou; thence run 
                generally easterly, westerly, and easterly along the 
                shoreline of the inlet to Little Bay/South Bayou and 
                along the northerly shoreline of Little Bay/South Bayou 
                a meandering distance of 12,127 feet, more or less, to 
                a point at the easterly end of Little Bay/South Bayou; 
                thence run North 33 degrees 02 minutes 51 seconds East 
                806 feet, more or less; thence run North 06 degrees 17 
                minutes 53 seconds West 455 feet, more or less, to a 
                point on a marsh line; thence run generally westerly, 
                northwesterly, easterly, and westerly along said marsh 
                line a distance of 1,362 feet, more or less, to a point 
                that is North 10 degrees 05 minutes 33 seconds East 
                from the POINT OF BEGINNING; thence run South 10 
                degrees 05 minutes 33 seconds West 247 feet, more or 
                less, to the POINT OF BEGINNING.
                  ``(ii) That land marked as 1-A and 1-C on the map 
                entitled `Survey of Bayou Marie Ridge; Units 1-A, 1-B, 
                and 1-C', dated February 10, 1969.
                  ``(iii) That land marked as 19 and 20 on the map 
                entitled `Survey of Bayou Marie Ridge; Unit 2-A', dated 
                July, 10, 1970.''.
  (b) Acquisition Authority.--Section 2(a) of Public Law 91-660 (84 
Stat. 1967) is amended by inserting after ``consent of the owner.'' the 
following: ``The Secretary may acquire, from a willing seller only, the 
property described in paragraph (2)(A) of the first section of this 
Act.''.
  (c) Regulation of Fishing.--Section 3 of Public Law 91-660 (84 Stat. 
1968) is amended--
          (1) by inserting ``(a)'' before ``The Secretary''; and
          (2) by adding at the end the following:
  ``(b) The proviso in subsection (a) shall not apply to the property 
described in paragraph (2)(A) of the first section of this Act to the 
extent that such proviso relates to fishing activities, including 
shrimping.''.
  (d) Authorization of Appropriations.--Section 11 of Public Law 91-660 
(84 Stat. 1970) is amended--
          (1) by inserting ``(a)'' before ``There''; and
          (2) by adding at the end the following:
  ``(b) In addition to the funds authorized by subsection (a), there 
are authorized to be appropriated such sums as are necessary to acquire 
the property described in paragraph (2)(A) of the first section of this 
Act.''.

                          Purpose of the Bill

    The purpose of H.R. 2541 is to adjust the boundaries of the 
Gulf Islands National Seashore to include Cat Island, 
Mississippi.

                  Background and Need for Legislation

    Gulf Islands National Seashore was established in 1971 
(Public Law 91-660) and is administered by the National Park 
Service. Gulf Islands National Seashore consists of a number of 
coastal barrier islands stretching along the coasts of 
Mississippi and the panhandle of Florida. This seashore is 
comprised of approximately 19,000 acres of land area and 
115,000 acres of marine area. The Gulf Islands provides the 
public with numerous outdoor recreational activities and also 
contains other natural and historic resources.
    H.R. 2541 would modify the boundaries of the Gulf Islands 
National Seashore to include an area of land known as Cat 
Island which lies off the coast of Mississippi. Cat Island is 
approximately 2145 acres in size and offers around 21 miles of 
shoreline. Most of Cat Island (approximately 90 percent) is 
currently owned by one family. The remainder of the island is 
owned by nearly 12 others who have smaller land holdings. The 
east end of Cat Island is one of the most popular surf fishing 
locations on the entire Gulf Coast and also contains other 
wildlife and natural resources.

                            Committee Action

    H.R. 2541 was introduced on July 15, 1999, by Congressman 
Gene Taylor (D-MS). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On September 30, 1999, the 
Subcommittee held a hearing on the bill where the 
Administration testified in favor of the bill, if amended. On 
October 27, 1999, the Full Committee met to consider the bill. 
The Subcommittee on National Parks and Public Lands was 
discharged from further consideration of the bill by unanimous 
consent. An amendment in the nature of a substitute was offered 
by Congressman James V. Hansen (R-UT) which excluded 150 acres 
of private property of the majority owner of Cat Island and 
also exempts all the small (\1/4\ acre lots) from inclusion in 
the boundaries of the national seashore. Furthermore, the 
amendment assured that acquisition of any property is by 
willing seller only and clarifies that the Secretary of the 
Interior cannot acquire the water area adjacent to the 
shoreline of Cat Island which is owned by the State of 
Mississippi. The substitute also authorized such sums necessary 
to acquire Cat Island except for the exclusions. The amendment 
was adopted by voice vote and the bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.

               Congressional Budget Office Cost Estimate

    Under clause 3(c)(3) of rule XIII of the Rules of the House 
of Representatives and section 403 of the Congressional Budget 
Act of 1974, the Committee has received the following cost 
estimate for this bill from the Director of the Congressional 
Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 2, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2541, a bill to 
adjust the boundaries of the Gulf Islands National Seashore to 
include Cat Island, Mississippi.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2451--A bill to adjust the boundaries of the Gulf Islands National 
        Seashore to include Cat Island, Mississippi

    H.R. 2541 would add about 2,200 acres of land and water to 
the boundaries of the Gulf Island National Seashore. The 
property to be added is located on Cat Island, Mississippi. The 
bill would authorize the Secretary of the Interior to acquire 
the property and would authorize the appropriation of whatever 
amounts are necessary for this purpose.
    In the absence of a formal appraisal of the property, the 
cost of implementing this bill is uncertain. However, based on 
information obtained from the National Park Service and local 
tax authorities, CBO estimates that purchasing the Cat Island 
acreage could cost as much as $30 million, assuming 
appropriation of the necessary amounts. We estimate that 
additional costs to develop visitor facilities on the island 
would cost between $1 million and $2 million over the next five 
years. Operating costs for this new property would be about 
$500,000 in fiscal year 2000 and about $200,000 annually 
thereafter.
    H.R. 2541 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
impact on the budgets of state, local, or tribal governments.
    The staff contact for this estimate is Deborah Reis. This 
estimate was approved by Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                         ACT OF JANUARY 8, 1971


 AN ACT To provide for the establishment of the Gulf Islands National 
Seashore, in the States of Florida and Mississippi, for the recognition 
   of certain historic values at Fort San Carlos, Fort Redoubt, Fort 
   Barrancas, and Fort Pickens in Florida, and Fort Massachusetts in 
                  Mississippi, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, in 
order to preserve for public use and enjoyment certain areas 
possessing outstanding natural, historic, and recreational 
values, the Secretary of the Interior (hereinafter referred to 
as the ``Secretary'') may establish and administer the Gulf 
Islands National Seashore (hereinafter referred to as the 
``seashore''). The seashore [shall comprise the following gulf 
coast] shall comprise the following:
          (1) The gulf coast islands and mainland areas, 
        together with adjacent water areas as generally 
        depicted on the drawing entitled ``Proposed Boundary 
        Plan, Proposed Gulf Islands National Seashore,'' 
        numbered NS-GI-7100J, and dated December 1970:
                  [(1)] (A) Ship, Petit Bois, and Horn Islands 
                in Mississippi;
                  [(2)] (B) the eastern portion of Perdido Key 
                in Florida;
                  [(3)] (C) Santa Rosa Island in Florida;
                  [(4)] (D) the Naval Live Oaks Reservation in 
                Florida;
                  [(5)] (E) Fort Pickens and the Fort Pickens 
                State Park in Florida; and
                  [(6)] (F) a tract of land in the Pensacola 
                Naval Air Station in Florida that includes the 
                Coast Guard Station and the Lighthouse, Fort 
                San Carlos, Fort Barrancas, and Fort Redoubt 
                and sufficient surrounding land for proper 
                administration and protection of the historic 
                resources.
          (2)(A) Only after acquisition by the Secretary from a 
        willing seller, (i) the water area adjacent to the 
        shoreline of Cat Island that is not owned by the State 
        of Mississippi on the date of the enactment of this 
        paragraph, and (ii) all of the property on Cat Island, 
        Mississippi, except that property described in 
        subparagraph (B).
          (B) The property to be excluded from the boundaries 
        of the seashore pursuant to subparagraph (A) is as 
        follows:
                  (i) A parcel of land situated and being 
                located in Sections 32 and 33 of the Claim of 
                Juan de Cuevas as patented on February 23, 
                1882, Township 9 South, Range 11 West, First 
                Judicial District of Harrison County, 
                Mississippi and being more particularly 
                described as follows, to-wit: Beginning at the 
                Northeast corner of Lot 2 of the Survey of 
                Bayou Marie Ridge, Unit 1-A (Plat Book 27, Page 
                10); thence run South 77 degrees 21 minutes 26 
                seconds East 77.73 feet to the Northeast corner 
                of Lot 1 of the Survey of Bayou Marie Ridge, 
                Unit 1-A; thence run South 12 degrees 09 
                minutes 44 seconds West 115.64 feet to the 
                Southeast corner of said Lot 1; thence run 
                South 78 degrees 22 minutes 34 seconds East 
                80.00 feet to a point on the easterly end of a 
                canal; thence run South 11 degrees 55 minutes 
                46 seconds West 80.49 feet to a point on the 
                southerly margin of a canal; thence run North 
                78 degrees 07 minutes 53 seconds West 700.32 
                feet along the southerly margin of a canal to 
                the Northeast corner of Lot 20 of the Survey of 
                Bayou Marie Ridge, Unit 2-A; thence run South 
                10 degrees 23 minutes 52 seconds West 124.47 
                feet to the Southeast corner of said Lot 20; 
                thence run North 78 degrees 27 minutes 44 
                seconds West 166.82 feet along the south line 
                of Lots 20 and 19 of the Survey of Bayou Marie 
                Ridge, Unit 2-A; thence run North 11 degrees 12 
                minutes 19 seconds East 124.71 feet to the 
                Northwest corner of said Lot 19; thence run 
                North 78 degrees 22 minutes 10 seconds West 
                1,436.58 feet along the northerly line of Lot 
                18 through 1, inclusive of the Survey of Bayou 
                Marie Ridge, Unit 2-A to the Northwest corner 
                of said Lot 1; thence run South 11 degrees 37 
                minutes 50 seconds West along the westerly line 
                of said Lot 1 and a southerly projection 
                thereof a distance of 395 feet, more or less to 
                the centerline of a shell road; thence 
                generally westerly 2,943 feet, more or less, 
                along the centerline of said shell road; thence 
                run South 00 degrees 00 minutes 00 seconds East 
                835 feet, more or less, to a point on the 
                shoreline of an inlet to Little Bay/South 
                Bayou; thence run generally easterly, westerly, 
                and easterly along the shoreline of the inlet 
                to Little Bay/South Bayou and along the 
                northerly shoreline of Little Bay/South Bayou a 
                meandering distance of 12,127 feet, more or 
                less, to a point at the easterly end of Little 
                Bay/South Bayou; thence run North 33 degrees 02 
                minutes 51 seconds East 806 feet, more or less; 
                thence run North 06 degrees 17 minutes 53 
                seconds West 455 feet, more or less, to a point 
                on a marsh line; thence run generally westerly, 
                northwesterly, easterly, and westerly along 
                said marsh line a distance of 1,362 feet, more 
                or less, to a point that is North 10 degrees 05 
                minutes 33 seconds East from the POINT OF 
                BEGINNING; thence run South 10 degrees 05 
                minutes 33 seconds West 247 feet, more or less, 
                to the POINT OF BEGINNING.
                  (ii) That land marked as 1-A and 1-C on the 
                map entitled ``Survey of Bayou Marie Ridge; 
                Units 1-A, 1-B, and 1-C'', dated February 10, 
                1969.
                  (iii) That land marked as 19 and 20 on the 
                map entitled ``Survey of Bayou Marie Ridge; 
                Unit 2-A'', dated July 10, 1970.
  Sec. 2. (a) Within the boundaries of the seashore, the 
Secretary may acquire lands, waters, and interests therein by 
donation, purchase with donated or appropriated funds, or 
exchange, except that property owned by a State or any 
political subdivision thereof may be acquired only with the 
consent of the owner. The Secretary may acquire, from a willing 
seller only, the property described in paragraph (2)(A) of the 
first section of this Act. The Secretary may acquire by any of 
the above methods not more than one hundred thirty-five acres 
of land or interests therein outside of the seashore boundaries 
on the mainland in the vicinity of Biloxi-Gulfport, 
Mississippi, for an administrative site and related facilities 
for access to the seashore. With the concurrence of the agency 
having custody thereof, any Federal property within the 
seashore and mainland site may be transferred without 
consideration to the administrative jurisdiction of the 
Secretary for the purposes of the seashore.
  Sec. 3. (a) The Secretary shall permit hunting and fishing on 
lands and waters within the seashore in accordance with 
applicable Federal and State laws: Provided, That he may 
designate zones where, and establish periods when, no hunting 
or fishing will be permitted for reasons of public safety, 
administration, fish or wildlife management, or public use and 
enjoyment. Except in emergencies, any regulations issued by the 
Secretary pursuant to this section shall be put into effect 
only after consultation with the appropriate State agencies 
responsible for hunting and fishing activities.
  (b) The proviso in subsection (a) shall not apply to the 
property described in paragraph (2)(A) of the first section of 
this Act to the extent that such proviso relates to fishing 
activities, including shrimping.

           *       *       *       *       *       *       *

  Sec. 11. (a) There are authorized to be appropriated not more 
than $3,120,000 for the acquisition of lands and interests in 
lands and no more than $14,779,000 (1970 prices) for 
development, plus or minus such amounts, if any, as may be 
justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indices applicable to 
the types of construction involved herein.
  (b) In addition to the funds authorized by subsection (a), 
there are authorized to be appropriated such sums as are 
necessary to acquire the property described in paragraph (2)(A) 
of the first section of this Act.

           *       *       *       *       *       *       *


                            Additional Views

    When the Gulf Islands National Seashore was created in 
1971, it was hoped that Cat Island, Mississippi would serve as 
its ``crown jewel.'' While the family who owns most of the 
island did not want to be included in the Seashore at that 
time, it now appears possible to achieve this goal. The family 
has indicated they are now willing to sell the property and 
H.R. 2541, as introduced, simply adjusted the boundaries of the 
Seashore to include the Island so that it might eventually be 
purchased. The inclusion of Cat Island in the seashore is 
obviously a valuable addition and, as a result, we fully 
support the intent of this legislation.
    Unfortunately, significant alterations were made in this 
bill during consideration by the Committee which, if included 
in the final legislation, will so impair the National Park 
Service's (NPS) ability to manage this property that the 
benefits of the eventual acquisition will be diminished. Most 
significantly, the legislation as amended stipulates that more 
than 150 acres of the island will not be included within the 
Seashore boundary. The NPS would have no authority to negotiate 
limits on development on this parcel, nor could the Park 
Service ever purchase the property without another Act of 
Congress. Given that the intent of H.R. 2541 is to protect the 
natural beauty of Cat Island, uncontrolled development on the 
acreage now carved out by the bill defeats the purpose of this 
legislation. H.R. 2541 should be amended to authorize the NPS 
to purchase the excluded parcel, should it become available, 
and to enter negotiations for conservation easements which 
would more fully protect the resources on the whole of Cat 
Island.
    Also of concern is the future management of the waters off 
the coast of Cat Island. The waters and submerged lands up to 
one mile off the coast of the other islands which make up the 
Gulf Islands National Seashore are within the Seashore 
boundaries. H.R. 2541 as introduced, however, sets the boundary 
of the Seashore at the mean high-tide line on Cat Island. Due 
to this discrepancy, the National Park Service had requested 
that language be inserted into the bill authorizing the NPS to 
enter into a voluntary Memorandum Of Understanding (MOU) with 
the State of Mississippi, which owns the lands and waters off 
Cat Island, outlining a coordinated plan for the management of 
those waters. Instead, the legislation was amended to restate 
the obvious fact that the National Park Service may not 
regulate fishing and shrimping outside the Seashore boundary 
and no language authorizing an MOU was included. Not only does 
this mean that the boundaries of Cat Island will be 
inconsistent with those in the rest of the Seashore, it also 
means that anyone visiting Cat Island who wishes to avoid 
National Park Sservice rules and regulations need only step 
into the water to elude NPS jurisdiction. Language authorizing 
the necessary MOU should be added to H.R. 2541.
    Finally, H.R. 2541 as amended relies on a cumbersome legal 
description of the properties to be excluded from the Seashore 
boundary rather than following the more common practice of 
incorporating into the bill by reference a map depicting the 
new boundaries. The approach taken in the bill makes the 
legislation comprehensible to technical experts only and 
creates an increased likelihood of discrepancies within the 
descriptions. This section of the bill should be replaced with 
a standard map reference.
    Clearly, the amendment adopted by the Committee damaged 
H.R. 2541. Unless these problems are addressed, the National 
Park Service will be forced to dedicate vast resources to deal 
with the management challenges on Cat Island created by this 
legislation. It is our hope that these issues can be resolved 
during consideration of H.R. 2541 by the full House.

                                                     George Miller.

                                  
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