[Senate Report 112-59]
[From the U.S. Government Publishing Office]
Calendar No. 139
112th Congress Report
SENATE
1st Session 112-59
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FORT PULASKI NATIONAL MONUMENT LEASE AUTHORIZATION ACT
_______
August 30 (legislative day, August 2), 2011.--Ordered to be printed
Filed under authority of the order of the Senate of August 2, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 535]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 535) to authorize the Secretary of the
Interior to lease certain lands within Fort Pulaski National
Monument, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE
The purpose of S. 535 is to authorize the Secretary of the
Interior to lease certain lands within Fort Pulaski National
Monument in Georgia.
BACKGROUND AND NEED
Fort Pulaski, located on Cockspur Island in the Savannah
River, was constructed as part of a system of coastal
fortifications ordered by President James Madison after the War
of 1812. An estimated 25 million bricks were used to build the
fort, which was completed in 1837. According to the National
Park Service, before the Civil War, brick forts were America's
main defense against overseas enemies. In 1862, however, a 30-
hour bombardment by the Union Army's new rifled cannons
breached the fort and compelled surrender by Confederates
inside Fort Pulaski. After that battle, brick forts were
considered obsolete. The fort became a national monument in
1924 and was transferred from the War Department to the
National Park Service in 1933.
In 1940, the National Park Service authorized by special
use permit exclusive use of land and improvements within the
national monument to the Savannah Bar Pilots Association to
operate a vessel piloting business. The Bar Pilots Association
operate pilot vessels to help steer commercial shipping through
the waters of the Savannah River, where shifting sand bars
create dangerous conditions that make navigation difficult. The
Bar Pilots Association has occupied the same spot at the west
end of Cockspur Island since 1940. There are no other known
locations from which Association can operate more efficiently
than the current permitted location. Deep water accessibility
and the relatively short distance to embarking and disembarking
ships in Savannah Harbor render the current site the ideal
location for continued operations.
In 1973, the National Park Service issued a twenty-year
special use permit allowing the Association to continue to use
the tract, and to construct and upgrade living quarters, a
dock, a fuel supply system and a parking lot. The special use
permit was renewed in 1993 and 1998. However, the Park Service
has been advised by the Department of the Interior's
Solicitor's Office that the Association's continued use of
national monument land should be authorized through a non-
competitive lease, rather than a special use permit. S. 535
would authorize the National Park Service to enter into such a
lease.
LEGISLATIVE HISTORY
S. 535 was introduced by Senators Isakson and Chambliss on
March 9, 2011. The Subcommittee on National Parks held a
hearing on the bill on May 11, 2011. The Committee on Energy
and Natural Resources considered the bill at its business
meeting on July 14, 2011, and ordered S. 535 favorably reported
without amendment.
An identical bill, S. 3778, was introduced in the 111th
Congress by Senators Isakson and Chambliss. A companion bill,
H.R. 4773, sponsored by Representative Kingston, passed the
House of Representatives by a vote of 379-0 on July 13, 2010.
The Subcommittee on National Parks and the Subcommittee on
Public Lands and Forests held a joint hearing on S. 3778 and
H.R. 4773 on September 29, 2010 (S. Hrg. 111-721). No further
action occurred on either bill prior to the sine die
adjournment of the 111th Congress.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 14, 2011, by a voice vote of a quorum
present, recommends that the Senate pass S. 535.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Fort Pulaski
National Monument Lease Authorization Act''.
Section 2(a) authorizes the Secretary of the Interior to
lease not more than 30,000 square feet of land within Fort
Pulaski National Monument to the Savannah Bar Pilots
Association or a successor organization.
Subsection (b) requires that the rental fee be based on
fair market value and the the proceeds from any rental fees be
deposited into a special account in the Treasury of the United
States, in accordance with section 3(k)(5) of Public Law 91-
383, which authorizes the National Park Service to collect and
expend lease revenues.
Subsection (c) provides that the term of the lease shall be
no more than 10 years, and at the discretion of the Secretary,
for successive terms of not more than 10 years.
Subsection (d) clarifies that the other provisions in
section 3(k) of Public Law 91-383 (other than as provided for
in section 2(b)(2)) shall not apply to the lease authorized by
this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 535--Fort Pulaski National Monument Lease Authorization Act
S. 535 would authorize the National Park Service (NPS) to
lease to the Savannah Bar Pilots Association a small site at
the Fort Pulaski National Monument in Georgia. Under the bill,
the NPS would charge the association a rental fee based on the
market value of the land and use the proceeds, without further
appropriation, for site maintenance and other expenses.
Based on information provided by the NPS, CBO estimates
that implementing the bill would have no significant net effect
on the federal budget. The nonprofit association already
operates a 30,000-square-foot site, including a dock and
associated facilities, under a special-use permit. Fees
collected under the permit are used, without appropriation, for
purposes similar to those authorized by the bill. CBO estimates
that rental proceeds under the bill would be less than $25,000
a year, slightly more than the NPS currently collects in permit
fees.
Because enacting S. 535 would affect direct spending
(through the collection and spending of additional fees), pay-
as-you-go procedures apply. CBO estimates, however, that the
net effect of any annual changes on the federal budget would be
insignificant.
S. 535 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, 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 S. 535.
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 S. 535, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 535, as 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
May 11, 2011 Subcommittee hearing on S. 535 follows:
Statement of Stephen E. Whitesell, Associate Director, Park Planning,
Facilities, and Lands, National Park Service, Department of the
Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 535, a bill to
authorize the Secretary of the Interior to lease certain lands
within Fort Pulaski National Monument, and for other purposes.
The Department supports this legislation, which would allow
the Savannah Bar Pilots Association to lease the land on
Cockspur Island within Fort Pulaski National Monument in the
State of Georgia that the association has used continuously
since 1940.
In 1940, the National Park Service authorized by special
use permit exclusive use of National Park Service land and
improvements to the Savannah Bar Pilots Association to operate
a vessel piloting business. The National Park Service has
issued a series of permit renewals during the ensuing 70 years.
However; in recent years, the National Park Service has been
advised by the Department's Solicitor's Office that the
association's use of this land should be based on more certain
legal authority than the special use permitting process. The
National Park Service believes that a non-competitive lease,
which would be authorized by S. 535, would be the best option
in this unique circumstance to enable the Savannah Bar Pilots
Association to continue traditional operations from its Fort
Pulaski location. The Bar Pilots serve a function that is vital
to the state's deepwater ports and inland barge terminals,
including directing ship traffic and assisting in navigation in
the Savannah Harbor.
There are no other known locations from which Savannah Bar
Pilots Association can operate more efficiently than its
current location. Deep water accessibility and the relatively
short distance to embarking and disembarking ships in Savannah
Harbor render the current Cockspur Island site the ideal
location for continued operations. The Savannah Bar Pilots have
been operating at the current location with virtually no
adverse impact on park resources, on the visitor experience, or
on park operations. Fort Pulaski National Monument derives
revenue from the current special use permit and would continue
to do so from a lease. The Savannah Bar Pilots enjoy local
support from both the City of Savannah and the Georgia Port
Authority.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to answer any questions you or any 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 S. 535 as ordered reported.