| 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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