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] ...


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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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