[115th Congress Public Law 279]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 4187]]
Public Law 115-279
115th Congress
An Act
To authorize the exchange of certain land located in Gulf Islands
National Seashore, Jackson County, Mississippi, between the National
Park Service and the Veterans of Foreign Wars, and for other
purposes. <<NOTE: Nov. 20, 2018 - [H.R. 2615]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Gulf Islands
National Seashore Land Exchange Act. 16 USC 459h-1 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Islands National Seashore Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
parcel of approximately 1.542 acres of land that is located
within the Gulf Islands National Seashore in Jackson County,
Mississippi, and identified as ``NPS Exchange Area'' on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Gulf
Islands National Seashore, Proposed Land Exchange with VFW,
Davis Bayou Area--Jackson County, MS'', numbered 635/133309, and
dated June 2016.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcel of approximately 2.161 acres of land that is located
in Jackson County, Mississippi, and identified as ``VFW Exchange
Area'' on the Map.
(4) Post.--The term ``Post'' means the Veterans of Foreign
Wars Post 5699.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 3. GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE.
(a) In General.--The Secretary may convey to the Post all right,
title, and interest of the United States in and to the Federal land in
exchange for the conveyance by the Post to the Secretary of all right,
title, and interest of the Post in and to the non-Federal land.
(b) Equal Value Exchange.--
(1) <<NOTE: Appraisal.>> In general.--The values of the
Federal land and non-Federal land to be exchanged under this
section shall be equal, as determined by an appraisal
conducted--
(A) by a qualified and independent appraiser; and
(B) in accordance with nationally recognized
appraisal standards.
[[Page 132 STAT. 4188]]
(2) Equalization.--If the values of the Federal land and
non-Federal land to be exchanged under this section are not
equal, the values shall be equalized through--
(A) a cash payment; or
(B) adjustments to the acreage of the Federal land
or non-Federal land to be exchanged, as applicable.
(c) Payment of Costs of Conveyance.--
(1) <<NOTE: Reimbursement.>> Payment required.--As a
condition of the exchange authorized under this section, the
Secretary shall require the Post to pay the costs to be incurred
by the Secretary, or to reimburse the Secretary for the costs
incurred by the Secretary, to carry out the exchange,
including--
(A) survey costs;
(B) any costs relating to environmental
documentation; and
(C) any other administrative costs relating to the
land exchange.
(2) Refund.--If the Secretary collects amounts from the Post
under paragraph (1) before the Secretary incurs the actual costs
and the amount collected by the Secretary exceeds the costs
actually incurred by the Secretary to carry out the land
exchange under this section, the Secretary shall provide to the
Post a refund of the excess amount paid by the Post.
(3) Treatment of certain amounts received.--Amounts received
by the Secretary from the Post as reimbursement for costs
incurred under paragraph (1) shall be--
(A) credited to the fund or account from which
amounts were used to pay the costs incurred by the
Secretary in carrying out the land exchange;
(B) merged with amounts in the fund or account to
which the amounts were credited under subparagraph (A);
and
(C) available for the same purposes as, and subject
to the same conditions and limitations applicable to,
amounts in the fund or account to which the amounts were
credited under subparagraph (A).
(d) <<NOTE: Surveys. Determination.>> Description of Federal Land
and Non-Federal Land.--The exact acreage and legal description of the
Federal land and non-Federal land to be exchanged under this section
shall be determined by surveys that are determined to be satisfactory by
the Secretary and the Post.
(e) Conveyance Agreement.--The exchange of Federal land and non-
Federal land under this section shall be--
(1) carried out through a quitclaim deed or other legal
instrument; and
(2) subject to such terms and conditions as are mutually
satisfactory to the Secretary and the Post, including such
additional terms and conditions as the Secretary considers to be
appropriate to protect the interests of the United States.
(f) Valid Existing Rights.--The exchange of Federal land and non-
Federal land authorized under this section shall be subject to valid
existing rights.
(g) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a form acceptable to the
Secretary.
(h) Treatment of Acquired Land.--Any non-Federal land and interests
in non-Federal land acquired by the United States
[[Page 132 STAT. 4189]]
under this section shall be administered by the Secretary as part of the
Gulf Islands National Seashore.
(i) Modification of Boundary.--On completion of the exchange of
Federal land and non-Federal land under this section, the Secretary
shall modify the boundary of the Gulf Islands National Seashore to
reflect the exchange of Federal land and non-Federal land.
Approved November 20, 2018.
LEGISLATIVE HISTORY--H.R. 2615:
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HOUSE REPORTS: No. 115-302 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-228 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Nov. 28, considered and passed
House.
Vol. 164 (2018):
Oct. 11, considered and passed
Senate, amended.
Nov. 13, House concurred in Senate
amendment.
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