[House Report 112-298]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-298
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FORT PULASKI NATIONAL MONUMENT LEASE AUTHORIZATION ACT
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December 1, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany S. 535]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom 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, report
favorably thereon without amendment and recommend that the bill
do pass.
PURPOSE OF THE BILL
The purpose of S. 535 is to authorize the Secretary of the
Interior to lease certain lands within Fort Pulaski National
Monument.
BACKGROUND AND NEED FOR LEGISLATION
Fort Pulaski is located on Cockspur Island in the Savannah
River and was constructed as part of a system of coastal
fortifications ordered by President James Madison after the War
of 1812. The fort became a national monument in 1924 and was
transferred from the War Department to the National Park
Service (NPS) in 1933.
In 1940, NPS 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 operates 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.
In 1973, NPS 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. While the permit has been renewed,
the terms of these permits have ranged in length from one year
to a 20-year permit that existed from 1973 to 1993. The current
special use permit the parties are operating under expires on
March 15, 2013.
NPS 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 NPS to enter into such a lease. Proceeds from
the lease may be used under current law for infrastructure
needs at units of the National Park System.
COMMITTEE ACTION
S. 535 was introduced on March 9, 2011, by Senator Johnny
Isakson (R-GA). On November 2, 2011, the bill passed the Senate
by unanimous consent. The bill was then referred to the House
Committee on Natural Resources. On September 15, 2011, the
Subcommittee on National Parks, Forests and Public Lands held a
hearing on the House companion bill, H.R. 2687, sponsored by
Congressman Jack Kingston (R-GA). On November 17, 2011, the
Full Resources Committee met to consider S. 535. No amendments
were offered, and the bill was ordered favorably reported to
the House of Representatives by unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
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.
2. Section 308(a) of 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, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the National Park Service, CBO estimates that implementing the
bill would have no significant net effect on the federal
budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to lease certain lands within Fort Pulaski National
Monument.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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
If enacted, this bill would make no changes in existing
law.