[Senate Report 112-239]
[From the U.S. Government Publishing Office]
112th Congress Report
SENATE
2d Session 112-239
_______________________________________________________________________
Calendar No. 547
A BILL TO AUTHORIZE THE SECRETARY OF COMMERCE TO CONVEY REAL PROPERTY,
INCLUDING IMPROVEMENTS, OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION IN KETCHIKAN, ALASKA, AND FOR OTHER PURPOSES
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1307
November 14, 2012.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
Richard Russell, Republican Staff Director
David Quinalty, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 547
112th Congress Report
SENATE
2d Session 112-239
======================================================================
A BILL TO AUTHORIZE THE SECRETARY OF COMMERCE TO CONVEY REAL PROPERTY,
INCLUDING IMPROVEMENTS, OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION IN KETCHIKAN, ALASKA, AND FOR OTHER PURPOSES
_______
November 14, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 1307]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1307) to authorize the
Secretary of Commerce (Secretary) to convey real property,
including improvements, of the National Oceanic and Atmospheric
Administration (NOAA) in Ketchikan, Alaska, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 1307 is to authorize NOAA to sell the
agency's existing, but condemned and unsafe, homeport facility
in Ketchikan, Alaska, and to apply the proceeds from the sale,
should it occur, towards a new homeport facility in Ketchikan.
The intent of the bill is to help encourage cost-effective
collaboration between the State and Federal Government in
developing a new port facility which can support both State
agency and NOAA needs. The bill does not authorize any
additional Federal funds.
Background and Needs
The NOAA Ship Fairweather, a hydrographic survey ship, serves
as NOAA's only multi-role Arctic survey platform. By statute,
the vessel is homeported in Ketchikan, Alaska. The current port
facility consists of a pier for the ship, a small-boat dock, a
warehouse, an office, and parking. The ship's pier is over 50
years old, and in 2008 the pier was condemned as structurally
unsound. As a result, the Fairweather now must transit to
NOAA's Marine Operations Center-Pacific (MOC-P; in Newport,
Oregon) for the winter. Because the Fairweather is usually
funded for 130-210 days-at-sea per year, the five to ten days
spent traveling to Oregon and back reduces the ship time that
can be spent on the Fairweather's central mission of nautical
charting. Authorizing NOAA to sell the existing dock and use
the funds to contribute towards a suitable replacement facility
to homeport the vessel would enable greater continuity of
service in the Arctic.
Summary of Provisions
S. 1307 would allow NOAA to retain any proceeds obtained from
the conveyance of its current property and to apply those funds
to a new facility in Ketchikan.
Legislative History
S. 1307 was introduced on June 30, 2011, by Senator Begich,
and is cosponsored by Senator Murkowski. On November 2, 2011,
the Committee met in open Executive Session and by voice vote
ordered that the bill be reported favorably without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1307--A bill to authorize the Secretary of Commerce to convey real
property, including improvements, of the National Oceanic and
Atmospheric Administration in Ketchikan, Alaska, and for other
purposes
S. 1307 would authorize the Secretary of Commerce to sell a
National Oceanic and Atmospheric Administration (NOAA) port
facility in Ketchikan, Alaska. The bill also would authorize
the Secretary to acquire a new facility to serve as the
homeport for the NOAA Ship Fairweather. CBO estimates that
implementing the legislation would cost $3 million over the
2012-2016 period, subject to the availability of appropriated
funds. In addition, we estimate that S. 1307 would increase
offsetting receipts (a credit against direct spending) by $1
million; therefore, pay-as-you-go procedures apply. Enacting
the bill would not affect revenues.
S. 1307 would authorize the appropriation of funds to
establish a new homeport in Ketchikan. Because it is generally
cheaper for the federal government to own property than to
lease it, CBO expects that, under the bill, NOAA would purchase
an existing port facility for its use. Based on information
provided by individuals with knowledge of the real estate
market in Ketchikan, CBO estimates that acquiring the new
facility and making the necessary improvements would cost about
$3 million over the 2012-2016 period, assuming appropriation of
the amount necessary to purchase a new port facility.
Under the bill, the Secretary would be authorized to sell a
condemned NOAA port facility in Ketchikan, Alaska. Proceeds
from the sale would be deposited in the U.S. Treasury as
offsetting receipts. Based on information provided by the
agency and individuals familiar with real estate values in
Ketchikan, CBO estimates that enacting the legislation would
increase offsetting receipts by about $1 million in the year
the facility is sold, sometime over the next several years.
S. 1307 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1307 does not authorize any new regulations and therefore
would not subject any individuals or businesses to regulation.
ECONOMIC IMPACT
The legislation is not expected to have an impact on the
Nation's economy.
PRIVACY
S. 1307 would not have a negative impact on the personal
privacy of individuals.
PAPERWORK
The reported bill would not increase paperwork requirements
for private individuals, businesses, or the Federal Government.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Conveyance Certain Property of the National Oceanic and
Atmospheric Administration in Ketchikan, Alaska.
This section would authorize the Secretary to convey property
currently under the administrative jurisdiction of NOAA to a
non-Federal entity, if the Secretary determines the conveyance
is in the best interest of NOAA and the Federal Government.
Subsection (b) would require that in return for the property,
the United States receive fair market value of the property in
the form of any combination of the following: (1) property; (2)
cash or cash equivalents; and/or (3) in-kind consideration.
Subsection (b)(3) would require the Secretary to determine fair
market value of the property based on a highest- and best-use
appraisal consistent with the Uniform Appraisal Standards for
Professional Appraisal Practice. Subsection (c) would authorize
the Secretary to, subject to appropriation, use proceeds from
the conveyance of the NOAA property to lease or purchase
property at a new port facility in the Ketchikan Gateway
Borough, Alaska. Subsection (d) would require the Secretary to
conduct and pay for an adequate survey of the NOAA property to
be transferred. The remaining subsections of the legislation
would authorize the Secretary to: exchange the property;
acquire temporary facilities during the transition to the new
port facility; and require additional terms and conditions as
necessary.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.