Home > 106th Congressional Bills > S. 2638 (is) To adjust the boundaries of the Gulf Islands National Seashore to include Cat Island, Mississippi. [Introduced in Senate] ...S. 2638 (is) To adjust the boundaries of the Gulf Islands National Seashore to include Cat Island, Mississippi. [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 2638
_______________________________________________________________________
AN ACT
To adjust the boundaries of the Gulf Islands National Seashore to
include Cat Island, Mississippi.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--ADDITION OF CAT ISLAND TO GULF ISLANDS NATIONAL SEASHORE
SEC. 101. BOUNDARY ADJUSTMENT TO INCLUDE CAT ISLAND.
(a) In General.--The first section of Public Law 91-660 (16 U.S.C.
459h) is amended--
(1) in the first sentence, by striking ``That, in'' and
inserting the following:
``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.
``(a) Establishment.--In''; and
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting appropriately;
(B) by striking ``The seashore shall comprise'' and
inserting the following:
``(b) Composition.--
``(1) In general.--The seashore shall comprise the areas
described in paragraphs (2) and (3).
``(2) Areas included in boundary plan numbered ns-gi-
7100j.--The areas described in this paragraph are'': and
(C) by adding at the end the following:
``(3) Cat island.--Upon its acquisition by the Secretary,
the area described in this paragraph is the parcel consisting
of approximately 2,000 acres of land on Cat Island,
Mississippi, as generally depicted on the map entitled
`Boundary Map, Gulf Islands National Seashore, Cat Island,
Mississippi', numbered 635/80085, and dated November 9, 1999
(referred to in this title as the `Cat Island Map').
``(4) Availability of map.--The Cat Island Map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.''.
(b) Acquisition Authority.--Section 2 of Public Law 91-660 (16
U.S.C. 459h-1) is amended--
(1) in the first sentence of subsection (a), by striking
``lands,'' and inserting ``submerged land, land,''; and
(2) by adding at the end the following:
``(e) Acquisition Authority.--
``(1) In general.--The Secretary may acquire, from a
willing seller only--
``(A) all land comprising the parcel described in
subsection (b)(3) that is above the mean line of
ordinary high tide, lying and being situated in
Harrison County, Mississippi;
``(B) an easement over the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map for the purpose of implementing an agreement
with the owners of the parcel concerning the
development and use of the parcel; and
``(C)(i) land and interests in land on Cat Island
outside the 2,000-acre area depicted on the Cat Island
Map; and
``(ii) submerged land that lies within 1 mile
seaward of Cat Island (referred to in this title as the
`buffer zone'), except that submerged land owned by the
State of Mississippi (or a subdivision of the State)
may be acquired only by donation.
``(2) Administration.--
``(A) In general.--Land and interests in land
acquired under this subsection shall be administered by
the Secretary, acting through the Director of the
National Park Service.
``(B) Buffer zone.--Nothing in this title or any
other provision of law shall require the State of
Mississippi to convey to the Secretary any right,
title, or interest in or to the buffer zone as a
condition for the establishment of the buffer zone.
``(3) Modification of boundary.--The boundary of the
seashore shall be modified to reflect the acquisition of land
under this subsection only after completion of the
acquisition.''.
(c) Regulation of Fishing.--Section 3 of Public Law 91-660 (16
U.S.C. 459h-2) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) No Authority To Regulate Maritime Activities.--Nothing in
this title or any other provision of law shall affect any right of the
State of Mississippi, or give the Secretary any authority, to regulate
maritime activities, including nonseashore fishing activities
(including shrimping), in any area that, on the date of enactment of
this subsection, is outside the designated boundary of the seashore
(including the buffer zone).''.
(d) Authorization of Management Agreements.--Section 5 of Public
Law 91-660 (16 U.S.C. 459h-4) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
and
(2) by adding at the end the following:
``(b) Agreements.--
``(1) In general.--The Secretary may enter into
agreements--
``(A) with the State of Mississippi for the
purposes of managing resources and providing law
enforcement assistance, subject to authorization by
State law, and emergency services on or within any land
on Cat Island and any water and submerged land within
the buffer zone; and
``(B) with the owners of the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map concerning the development and use of the
land.
``(2) No authority to enforce certain regulations.--Nothing
in this subsection authorizes the Secretary to enforce Federal
regulations outside the land area within the designated
boundary of the seashore.''.
(e) Authorization of Appropriations.--Section 11 of Public Law 91-
660 (16 U.S.C. 459h-10) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Authorization for Acquisition of Land.--In addition to the
funds authorized by subsection (a), there are authorized to be
appropriated such sums as are necessary to acquire land and submerged
land on and adjacent to Cat Island, Mississippi.''.
TITLE II--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pecos National Historical Park
Land Exchange Act of 2000''.
SEC. 202. DEFINITIONS.
As used in this title--
(1) the term ``Secretaries'' means the Secretary of the
Interior and the Secretary of Agriculture;
(2) the term ``landowner'' means Harold and Elisabeth
Zuschlag, owners of land within the Pecos National Historical
Park; and
(3) the term ``map'' means a map entitled ``Proposed Land
Exchange for Pecos National Historical Park'', numbered 430/
80,054, and dated November 19, 1999, revised September 18,
2000.
SEC. 203. LAND EXCHANGE.
(a) Upon the conveyance by the landowner to the Secretary of the
Interior of the lands identified in subsection (b), the Secretary of
Agriculture shall convey the following lands and interests to the
landowner, subject to the provisions of this title:
(1) Approximately 160 acres of Federal lands and interests
therein within the Santa Fe National Forest in the State of New
Mexico, as generally depicted on the map.
(2) The Secretary of the Interior shall convey an easement
for water pipelines to two existing well sites, located within
the Pecos National Historical Park, as provided in this
paragraph.
(A) The Secretary of the Interior shall determine
the appropriate route of the easement through Pecos
National Historical Park and such route shall be a
condition of the easement. The Secretary of the
Interior may add such additional terms and conditions
relating to the use of the well and pipeline granted
under this easement as he deems appropriate.
(B) The easement shall be established, operated,
and maintained in compliance with all Federal laws.
(b) The lands to be conveyed by the landowner to the Secretary of
the Interior comprise approximately 154 acres within the Pecos National
Historical Park as generally depicted on the map.
(c) The Secretary of Agriculture shall convey the lands and
interests identified in subsection (a) only if the landowner conveys a
deed of title to the United States, that is acceptable to and approved
by the Secretary of the Interior.
(d) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
title, the exchange of lands and interests pursuant to this
title shall be in accordance with the provisions of section 206
of the Federal Land Policy and Management Act (43 U.S.C. 1716)
and other applicable laws including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.).
(2) Valuation and appraisals.--The values of the lands and
interests to be exchanged pursuant to this title shall be
equal, as determined by appraisals using nationally recognized
appraisal standards including the Uniform Appraisal Standards
for Federal Land Acquisition. The Secretaries shall obtain the
appraisals and insure they are conducted in accordance with the
Uniform Appraisal Standards for Federal Land Acquisition. The
appraisals shall be paid for in accordance with the exchange
agreement between the Secretaries and the landowner.
(3) Completion of the exchange.--The exchange of lands and
interests pursuant to this title shall be completed not later
than 180 days after National Environmental Policy Act
requirements have been met and after the Secretary of the
Interior approves the appraisals. The Secretaries shall report
to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives upon the successful completion
of the exchange.
(4) Additional terms and conditions.--The Secretaries may
require such additional terms and conditions in connection with
the exchange of lands and interests pursuant to this title as
the Secretaries consider appropriate to protect the interests
of the United States.
(5) Equalization of values.--
(A) The Secretary of Agriculture shall equalize the
values of Federal land conveyed under subsection (a)
and the land conveyed to the Federal Government under
subsection (b)--
(i) by the payment of cash to the Secretary
of Agriculture or the landowner, as
appropriate, except that notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary of Agriculture may accept a cash
equalization payment in excess of 25 percent of
the value of the Federal land; or
(ii) if the value of the Federal land is
greater than the land conveyed to the Federal
government, by reducing the acreage of the
Federal land conveyed.
(B) Disposition of funds.--Any funds received by
the Secretary of Agriculture as cash equalization
payment from the exchange under this section shall be
deposited into the fund established by Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C.
484a) and shall be available for expenditure, without
further appropriation, for the acquisition of land and
interests in the land in the State of New Mexico.
SEC. 204. BOUNDARY ADJUSTMENT AND MAPS.
(a) Upon acceptance of title by the Secretary of the Interior of
the lands and interests conveyed to the United States pursuant to
section 203 of this title, the boundaries of the Pecos National
Historical Park shall be adjusted to encompass such lands. The
Secretary of the Interior shall administer such lands in accordance
with the provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to establish
a National Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1, 2-4).
(b) The map shall be on file and available for public inspection in
the appropriate offices of the Secretaries.
(c) Not later than 180 days after completion of the exchange
described in section 203, the Secretaries shall transmit the map
accurately depicting the lands and interests conveyed to the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Resources of the United States House of Representatives.
Passed the Senate October 27 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2638
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