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H.R. 2615: Gulf Islands National Seashore Land Exchange Act

The text of the bill below is as of Apr 11, 2018 (Reported by Senate Committee).


II

Calendar No. 376

115th CONGRESS

2d Session

H. R. 2615

[Report No. 115–228]

IN THE SENATE OF THE UNITED STATES

November 29, 2017

Received; read twice and referred to the Committee on Energy and Natural Resources

April 11, 2018

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

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.

1.

Short title

This Act may be cited as the Gulf Islands National Seashore Land Exchange Act of 2017.

2.

Land exchange, Gulf Islands National Seashore, Jackson County, Mississippi

(a)

Land exchange authorized

The Secretary of the Interior, acting through the Director of the National Park Service (in this section referred to as the Secretary) may convey to the Veterans of Foreign Wars Post 5699 (in this section referred to as the Post) all right, title, and interest of the United States in and to a parcel of real property, consisting of approximately 1.542 acres, located within the Gulf Islands National Seashore in Jackson County, Mississippi, and identified as NPS Exchange Area on 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.

(b)

Land To be acquired

In exchange for the property described in subsection (a), the Post shall convey to the Secretary all right, title, and interest of the Post in and to a parcel of real property, consisting of approximately 2.161 acres, located in Jackson County, Mississippi, and identified as VFW Exchange Area on the map described in subsection (a).

(c)

Equal value exchange

(1)

In general

The values of the parcels of real property to be exchanged under this section shall be determined by an appraisal conducted—

(A)

by a qualified and independent appraiser; and

(B)

in accordance with nationally recognized appraisal standards.

(2)

Equalization

If the values of the parcels of real property to be exchanged under this section, as determined pursuant to paragraph (1), are not equal, the values shall be equalized through—

(A)

a cash payment; or

(B)

adjustments to the acreage of the parcels of real property to be exchanged.

(d)

Payment of costs of conveyance

(1)

Payment required

The Secretary shall require the Post to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the land exchange under this section, including survey costs, costs related to environmental documentation, and any other administrative costs related to the land exchange. If amounts are collected from the Secretary in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the land exchange, the Secretary shall refund the excess amount to the Post.

(2)

Treatment of amounts received

Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the land exchange. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(e)

Description of property

The exact acreage and legal description of property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary and the Post.

(f)

Conveyance agreement

The exchange of real property under this section shall be accomplished using a quit claim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the Post, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(g)

Valid existing rights

The exchange authorized under this section shall be subject to valid existing rights.

(h)

Title approval

Title to the real property described in subsection (a) and the real property described in subsection (b) to be exchanged under this section shall be in a form acceptable to the Secretary.

(i)

Treatment of acquired land

Land and interests in land acquired by the United States under subsection (b) shall be administered by the Secretary as part of the Gulf Islands National Seashore.

(j)

Modification of boundary

Upon completion of the land exchange under this section, the Secretary shall modify the boundary of the Gulf Islands National Seashore to reflect such land exchange.

1.

Short title

This Act may be cited as the Gulf Islands National Seashore Land Exchange Act .

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.

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)

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.

(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)

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)

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 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.

April 11, 2018

Reported with an amendment