[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.