[House Report 113-296]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-296
======================================================================
TO AUTHORIZE ESCAMBIA COUNTY, FLORIDA, TO CONVEY CERTAIN PROPERTY THAT
WAS FORMERLY PART OF SANTA ROSA ISLAND NATIONAL MONUMENT AND THAT WAS
CONVEYED TO ESCAMBIA COUNTY SUBJECT TO RESTRICTIONS ON USE AND
RECONVEYANCE
_______
December 16, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2954]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2954) to authorize Escambia County, Florida, to
convey certain property that was formerly part of Santa Rosa
Island National Monument and that was conveyed to Escambia
County subject to restrictions on use and reconveyance, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2954 is to authorize Escambia County,
Florida, to convey certain property that was formerly part of
Santa Rosa Island National Monument and that was conveyed to
Escambia County subject to restrictions on use and
reconveyance.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2954 would allow Escambia County, Florida, to convey
or otherwise dispose of all right, title, and interest in and
to any portion of the property that was conveyed to it pursuant
to a 1946 law and 1947 deed, to any person or entity, free from
any restriction on conveyance or reconveyance imposed by the
United States in the 1946 law or 1947 deed. Any proceeds from
three conveyances shall be transferred to the federal
government.
On January 15, 1947, the federal government removed the
Santa Rosa National Monument from the jurisdiction of the
National Park Service and deeded the land located on Santa Rosa
Island to Escambia County, Florida. Under the terms of the
conveyance, Escambia County was given the authority to transfer
property on Santa Rosa Island; however, it was not allowed to
issue title on the property. The Deed of Conveyance specified
``that the above described land shall be retained by the said
Escambia County and be used by it for such purposes as it shall
deem to be in the public interest or be leased by it from time
to time in whole or in part or parts to such persons and for
such purposes as it shall deem to be in the public interest and
upon such terms and conditions as it shall fix and always be
subject to regulation by said county whether leased or not
leased, but never to be otherwise disposed of or conveyed by it
. . .''. After taking custody of the land, Escambia County
began offering leases for businesses and homeowners who would
pay a lease fee, but not be charged property taxes. This
arrangement continues today.
Santa Rosa Island has grown enormously in the intervening
years, and the Board of Commissioners of both Escambia County
and Santa Rosa County passed resolutions asking for a federal
solution to allow current Santa Rosa Island leaseholders the
option of attaining fee title while protecting public access to
the beaches and conservation areas on the island. H.R. 2954
provides the long-needed solution, similar to what was attained
by neighboring Okaloosa Island, and allows for the County to
more fairly levy taxes while protecting the island's natural
resources.
COMMITTEE ACTION
H.R. 2954 was introduced on August 1, 2013, by Congressman
Jeff Miller (R-FL). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On October 3,
2013, the Subcommittee held a hearing on the bill. On October
30, 2013, the Natural Resources Committee met to consider the
bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. No amendments
were offered and the bill was then adopted and 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 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:
H.R. 2954--A bill to authorize Escambia County, Florida, to convey
certain property that was formerly part of the Santa Rosa
Island National Monument and that was conveyed to Escambia
County subject to restrictions on use and reconveyance
H.R. 2954 would authorize Escambia County in Florida to
convey certain property that it received from the federal
government. The specified properties had been part of the Santa
Rosa Island National Monument and were transferred to Escambia
County in 1947 for public purposes. As a condition of that
conveyance, Escambia County can reconvey the properties to the
federal government or to the state of Florida. H.R. 2954 would
remove that condition and add new conditions. First, under the
bill, any conveyance of the specified properties would require
Escambia County to convey to Santa Rosa County any of the
property that falls within the jurisdictional boundaries of
Santa Rosa County. Second, any proceeds above the direct or
incidental costs from conveyances under the bill would be
transferred to the federal government.
CBO estimates that implementing the legislation would have
no significant impact on the federal budget. Enacting H.R. 2954
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply. Based on information
provided by the National Park Service and local government
entities, CBO estimates that the proceeds from any conveyances
of the specified properties would be used to cover direct or
incidental costs.
H.R. 2954 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
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, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
implementing the legislation would have no significant impact
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 Escambia County,
Florida, to convey certain property that was formerly part of
Santa Rosa Island National Monument and that was conveyed to
Escambia County subject to restrictions on use and
reconveyance.
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.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.
DISSENTING VIEWS
Santa Rosa Island is a 40-mile barrier island in the Gulf
of Mexico off the coast of Pensacola, Florida. Settled by
Spanish explorer Tristan De Luna in 1559, it's the site of the
earliest European settlement in North America and an eventual
home to Fort Pickens, an important U.S. military base
throughout much of early American history. It is also the site
of a significant battle during the American Civil War.
Throughout the 20th century, portions of the island
switched ownership between the County of Escambia and the
federal government. Beginning on April 19, 1929, much of the
island was sold to Escambia County for $10,000. The deed states
that the land was to be used for public purposes and the county
was prohibited from further conveyance of the land, except to
the State of Florida or back to the federal government.
In 1939, President Franklin Delano Roosevelt recognized the
historical significance of the island and proclaimed the Santa
Rosa Island National Monument. The monument was abolished by
Congress in 1946 and the Department of Interior in 1947
returned a portion of Santa Rosa Island back to Escambia
County, again with a reversionary clause. Following the 1946
Act, all use of the land is required to meet the public
interest. Escambia County deemed that 100-year leases were in
the ``public interest'' and in 1956, leased the area of Navarre
Beach to neighboring Santa Rosa County.
H.R. 2954 would convey, without restriction, land
associated with the former Santa Rosa National Monument to the
County of Escambia to be used at their discretion. This would
negate the reversionary clause and allow Escambia County to
deed the area of Navarre Beach to Santa Rosa County. Santa Rosa
County has plans to dredge and build a harbor that could cut
off access to the rest of the island. The island, excluding
Navarre Beach and Pensacola Beach, is now managed as part of
the Gulf Islands National Seashore, a unit of the National Park
System (NPS), established by Congress in 1971.
Removing the restrictions associated with the 1946 Act
could inhibit access, damage the resources of the island and
allow development of land intended for public use.
Peter A. DeFazio.