[Senate Report 114-340]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 611
114th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      114-340

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



 
        GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT OF 2016

                                _______
                                

               September 6, 2016.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4119]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 4119) to authorize the exchange of 
certain land located in Gulf Islands National Seashore, Jackson 
County, Mississippi, between the National Park Service and the 
Veterans of Foreign Wars, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, strike lines 14 and 15, and insert the 
following:

Jackson County, Mississippi, identified as ``NPS Exchange 
Area'' on 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.

    2. On page 2, line 21, strike ``section 34, township 7 
north, range 8 east'' and insert ``identified as `VFW Exchange 
Area' on the map described in subsection (a)''.
    3. On page 2, strike lines 22 through 24 and insert the 
following:

    (c) Equal Value Exchange.--
          (1) In general.--The values of the parcels of real 
        property 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 parcels of 
        real property 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 parcels 
                of real property to be exchanged.

    4. On page 4, between lines 9 and 10, insert the following:

    (g) Valid Existing Rights.--The exchange authorized under 
this section shall be subject to valid existing rights.
    (h) Title Approval.--Title to the Federal parcel of real 
property and non-Federal parcel of real property to be 
exchanged under this section shall be in a form acceptable to 
the Secretary.

    5. On page 4, line 10, strike ``(g)'' and insert ``(i)''.
    6. On page 4, line 14, strike ``(h)'' and insert ``(j)''.

                                PURPOSE

    The purpose of H.R. 4119 is to authorize the exchange of 
certain land located in Gulf Islands National Seashore, Jackson 
County, Mississippi, between the National Park Service (NPS) 
and the Veterans of Foreign Wars (VFW).

                          BACKGROUND AND NEED

    The VFW Post 5699 in Ocean Springs, Mississippi, owns a 
3.3-acre lot adjacent to Gulf Islands National Seashore's Davis 
Bayou Area. The VFW Post's property NPS property separates the 
VFW Post from the public road. The only access to the VFW 
Post's property is by way of a one-lane dirt access road across 
NPS land. The NPS allowed the VFW to construct and maintain the 
access road, but no right-of-way or special use permit was 
issued for it. As a means of guaranteeing access to the 
driveway, the VFW is seeking a mutually beneficial land 
exchange with the NPS, as outlined on NPS Map Number 635/
133309, dated June 2016. As proposed, the 2.16 acres of VFW 
land would be exchanged for 1.54 acres of NPS land.

                          LEGISLATIVE HISTORY

    H.R. 4119 was introduced in the House of Representatives on 
November 19, 2015, by Representative Palazzo. H.R. 4119 was 
reported favorably by the House Committee on Natural Resources 
on March 2, 2016, and passed the House of Representatives on 
March 22, 2016 by voice vote.
    The Senate Energy and Natural Resources Committee's 
Subcommittee on National Parks held a hearing on H.R. 4119 on 
June 15, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered H.R. 4119 
favorably reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
4119, if amended, as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of H.R. 4119, the Committee 
adopted six amendments to improve the bill. The first two 
amendments strike the language using section and townships to 
identify the land to be exchanged and adopt the NPS Map 
entitled ``Gulf Islands National Seashore, Proposed Land 
Exchange with VFW, Davis Bayou Area--Jackson County, MS,'' 
numbered 635/133309, and dated June 2016 as an alternate 
identification method.
    The third amendment inserts language requiring an equal 
value exchange, as determined by a qualified and independent 
appraiser, in accordance with nationally recognized standards. 
If the values of the parcels of real property to be exchanged 
under this section are not equal, the values shall be equalized 
through a cash payment, or adjustments to the acreage of the 
parcels of real property to be exchanged.
    The fourth amendment states that the exchange shall be 
subject to valid existing rights, and that title to the Federal 
parcel of real property and non-Federal parcel of real property 
to be exchanged shall be in a form acceptable to the Secretary.
    The final two amendments redesignate subsections.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title.

Section 2. Land exchange, Gulf Islands National Seashore, Jackson 
        County, Mississippi

    Subsection (a) authorizes the Secretary of the Interior, 
acting through the Director of the NPS, to convey to the VFW 
Post 5699 (Post), all right, title, and interest of the United 
States in and to a parcel of real property, consisting of 
approximately 1.542 acres and located within the Gulf Islands 
National Seashore in Jackson County, Mississippi, as identified 
on the referenced map.
    Subsection (b) directs the Post to convey to the Secretary 
the land to be acquired as identified in the referenced map in 
exchange for the property described in subsection (a).
    Subsection (c) requires that the values of the parcels of 
property to be exchanged shall be equal, as determined by a 
qualified and independent appraiser, in accordance with 
national standards. If the values of the parcels of real 
property to be exchanged under this section are not equal, the 
values shall be equalized through a cash payment or adjustments 
to the acreage of the parcels of real property to be exchanged.
    Subsection (d) requires the Post to cover the property 
conveyance costs, or reimburse the Secretary for such costs 
incurred, including survey costs, costs related to 
environmental documentation, and any other administrative costs 
related to the land exchange. If amounts are collected by the 
Secretary in advance of actual costs incurred, the Secretary 
shall refund any excess amounts due to the Post.
    Subsection (e) states that the exact acreage and legal 
description of property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary 
and the Post.
    Subsection (f) allows for the use of a quit claim deed or 
other legal instrument and upon terms and conditions mutually 
satisfactory to the Secretary and the Post as a means of 
exchanging the real property.
    Subsection (g) states that the exchange authorized under 
this section shall be subject to valid existing rights.
    Subsection (h) states that title to the federal parcel of 
real property and non-Federal parcel of real property to be 
exchanged under this section shall be in a form acceptable to 
the Secretary.
    Subsection (i) states that the land and interests in land 
acquired by the United States under subsection (b) shall be 
administered by the Secretary as part of the Gulf Islands 
National Seashore.
    Subsection (j) adjusts the boundary of the Gulf Islands 
National Seashore upon the completion of the land exchange.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 9, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4119, the Gulf 
Islands National Seashore Land Exchange Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4119--Gulf Islands National Seashore Land Exchange Act of 2016

    H.R. 4119 would authorize the National Park Service (NPS) 
to exchange about 2 acres of land within the Gulf Islands 
National Seashore in Mississippi with the Veterans of Foreign 
Wars (VFW) Post 5699. The exchange would provide the VFW with 
an access road.
    Based on information from the NPS, CBO estimates that the 
exchange would not affect the federal budget. Because enacting 
H.R. 4119 would not affect direct spending or revenues, pay-as-
you-go procedures do not apply.
    CBO estimates that enacting H.R. 4119 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4119 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The act would authorize a land exchange between the federal 
government and a private entity, and that exchange would have a 
small incidental effect on property taxes collected by local 
governments in Mississippi. That effect, however, would not 
result from an intergovernmental mandate as defined in UMRA.
    On February 22, 2016, CBO transmitted a cost estimate for 
H.R. 4119, the Gulf Islands National Seashore Land Exchange Act 
of 2016, as ordered reported by the House Committee on Natural 
Resources on February 3, 2016. The two versions of the 
legislation are similar and CBO's estimates of their budgetary 
effects are the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 4119. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 4119, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 4119, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
June 15, 2016, Subcommittee on National Parks hearing on H.R. 
4119 follows:

   Statement of Dr. Stephanie Toothman, Associate Director, Cultural 
   Resources, Partnerships, and Science, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on H.R. 4119, a bill to authorize the exchange of 
lands between Gulf Islands National Seashore and the Veterans 
of Foreign Wars Post 5699, and for other purposes.
    The Department supports H.R. 4119 with technical amendments 
described later in this statement.
    The Veterans of Foreign Wars (VFW) Post 5699 owns a piece 
of property that is bordered on two sides by land owned by the 
National Park Service (NPS) and managed as part of Gulf Islands 
National Seashore. The VFW property is separated from the 
public road, with the only access across NPS lands. Under a 
previous informal agreement with the National Seashore, the VFW 
created and maintained a one-lane dirt access road across NPS 
property from the public road to their building. The VFW also 
removed vegetation and mowed NPS property adjacent to that 
access road. No right-of-way or special use permit was ever 
issued.
    The VFW approached the National Seashore in 2015 with a 
proposal to exchange 2.16 acres of undeveloped land, adjacent 
to NPS land, at the south end of their property for 1.54 acres 
of NPS land that would connect their property to the public 
road. This land exchange would formalize the existing land use, 
providing the VFW with ownership and permanent access, and 
providing the National Seashore undeveloped acreage adjacent to 
other undeveloped, NPS-owned lands.
    H.R. 4119 would authorize this land exchange. The bill 
would deem the two properties to be exchanged to be considered 
equal in value, and would require the VFW to pay for the costs 
associated with the exchange, including any required costs for 
environmental compliance. The bill would also modify the 
boundary of Gulf Islands National Seashore to reflect the land 
exchange upon its completion.
    Finally, the National Park Service recommends a technical 
amendment to reference an official NPS map in the legislation, 
and a technical amendment to clarify the boundary modification. 
We would be pleased to provide the Committee with the 
recommended language and map.
    Mr. Chairman, this concludes my testimony. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]