Mr. Chairman, thank you for the opportunity to testify on H.R. 2541, to adjust the boundaries of the Gulf Islands National Seashore to include Cat Island, Mississippi.

The Department supports this legislation, with the amendments described later in the testimony.

H.R. 2541 would revise the boundary of Gulf Islands National Seashore established in 1971, by Public Law 91-660, to add Cat Island to the series of barrier islands and onshore units in Mississippi and Florida that comprise the national seashore. Cat Island, which lies about eight miles south of Gulfport, is the western-most barrier island of the group of five islands off the eastern half of the Mississippi coast. This almost entirely undeveloped, 2,350-acre, T-shaped island has more than 21 miles of shoreline varying from sea-level beaches to 40–foot high sand ridges.

Cat Island contains a greater diversity of vegetation and wildlife than any of the islands currently within the national seashore. Habitats include saltwater marsh, ephemeral saltwater marsh, freshwater marsh, palmetto-slash pine forest, and live oak stands. The only development on the entire island consists of three frame dwellings, some man-made canals, and relics of military use during World War II. The significant natural resources of the island, and its great potential for visitor use, make this island a highly desirable addition to the national seashore.

When plans were under way to establish Gulf Islands National Seashore three decades ago, the Administration proposed to include Cat Island in the boundary. However, due to opposition to its inclusion by the owner, Congress omitted the island from the final legislation. The island’s principal owner now wishes to sell all but 150 acres of the island.

The owner prefers to have the land added to the national seashore and, to that end, has been discussing terms of conveyance with the Trust for Public Land and the National Park Service. Meanwhile, because development pressures along the coast of Mississippi are intensifying, the owner is likely to get very attractive competing offers from land developers. We hope that Congress will seize what could turn out to be a short-lived opportunity to obtain this magnificent resource for the benefit of the public by passing this legislation, enabling the National Park Service to acquire the island. Land acquisitions, however, would be subject to National Park Service priorities and the availability of appropriations.

While we agree with the intent of H.R. 2541, we recommend two changes to the legislation, as follows:

First, Section 1(3) would add to Gulf Islands National Seashore Cat Island and the water area adjacent to the shoreline that is not owned by the State of Mississippi. Because the State actually has title to all submerged lands below the mean high-tide line, the boundary would end at the high-tide line. The beach area below the high-tide line and the submerged lands, which are owned by the state, would be excluded.

This proposed boundary is different from the boundaries around the other islands within Gulf Islands National Seashore, which include the adjacent submerged lands for one mile from the shoreline or to the south edge of the Intercoastal Waterway, whichever is closer.

We recommend that Section 1(3) be amended to establish a seaward boundary for Cat Island that is consistent with those of the other national seashore islands. We are concerned that if the boundary stops at the high-tide line, it may pose management problems. For example, the National Park Service would not be able to establish and enforce rules for recreational watercraft immediately off shore, as it does for the other national seashore islands.

We understand that State officials oppose including State submerged lands in the boundary. However, including this area in the boundary would not change the ownership of the submerged lands. Section 2(a) of P.L. 91-660, the original Gulf Islands legislation, makes clear that the National Park Service may acquire State property only with the consent of the State. The State did in fact convey to the Park Service ownership of the submerged lands surrounding the other gulf islands nearly 30 years ago.

If Mississippi wishes to retain title to the submerged lands adjacent to Cat Island, establishing a boundary one mile out to sea would make it possible for the State to enter into an agreement for concurrent jurisdiction of the area with the National Park Service. That could be a real advantage both to the State and the National Park Service. Under such an agreement, it is possible that the State could be relieved of the burden it would otherwise continue to bear for management of the water surrounding the island, while the Park Service would have a greater ability to protect the island’s resources and the visiting public. But unless the boundary is extended beyond the high-tide line, the option of entering such a management agreement will not be available.

Furthermore, should the State ever decide it wanted to transfer ownership of the water within the one-mile boundary to the National Park Service, there would be no need for new legislation adjusting the boundary.

Two alternative maps depicting Cat Island as part of Gulf Islands National Seashore are being prepared by the Park Service’s Southeast Regional Office. One depicts Cat Island with a boundary one-mile seaward, as we are recommending, the other with a boundary at the high-tide line, as described in H.R. 2541 as introduced. We shall submit both to the subcommittee.

Second, H.R. 2541 anticipates the purchase of Cat Island, but does not include an increase in the authorization of appropriations for land acquisition. The last authorization for land acquisition at Gulf Islands, enacted in 1976, raised the ceiling to $22,162,000. Over the years, Congress has actually appropriated more than that amount for land purchases there. Because we do not yet have a cost estimate for the approximately 2,200 acres that could be purchased if this legislation is approved, we recommend that the legislation authorize the appropriation of "such sums as necessary" for land acquisition. Furthermore, the language should be clear that submerged lands, as well as land and water, are eligible for acquisition, as that will help avoid confusion over the status of submerged lands.

In summary, we believe that Cat Island would be a very valuable addition to Gulf Islands National Seashore, and we urge the subcommittee to act on this legislation as quickly as possible before we lose the opportunity to add this wonderful property to the National Park System.

Mr. Chairman, that concludes my remarks. I would be pleased to answer any questions you or other members of the subcommittee may have.