[Senate Report 112-133]
[From the U.S. Government Publishing Office]
112th Congress Report
SENATE
2d Session 112-133
_______________________________________________________________________
A BILL TO AUTHORIZE THE SECRETARY OF COMMERCE TO CONVEY PROPERTY OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO THE CITY OF
PASCAGOULA, MISSISSIPPI, AND FOR OTHER PURPOSES
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 363
January 26, 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
Todd Bertoson, Republican Staff Director
Jarrod Thompson Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
112th Congress Report
SENATE
2d Session 112-133
======================================================================
A BILL TO AUTHORIZE THE SECRETARY OF COMMERCE TO CONVEY PROPERTY OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO THE CITY OF
PASCAGOULA, MISSISSIPPI, AND FOR OTHER PURPOSES
_______
January 26, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 363]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 363) to authorize the Secretary
of Commerce to convey property of the National Oceanic and
Atmospheric Administration (NOAA) to the City of Pascagoula,
Mississippi, 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. 363, a Bill to Authorize the Secretary of
Commerce to Convey Property of the National Oceanic and
Atmospheric Administration to the City of Pascagoula,
Mississippi, and for Other Purposes, is to authorize the
Secretary of Commerce to convey property currently under the
jurisdiction of NOAA to the city of Pascagoula, Mississippi
(the City).
Background and Needs
NOAA's National Marine Fisheries Service (NMFS) Pascagoula
office houses 139 personnel involved in a variety of fisheries-
related work, including surveying fish stocks in the Southeast
region, conducting marine mammal surveys, leading sea turtle
stranding response in Mississippi, studying fishing gear
technologies to reduce bycatch, and ensuring safety of domestic
and imported fishery products. NOAA currently has an agreement
with the City to use an adjacent parcel of land owned by the
City for storage and parking. However, another nearby parcel of
land is owned by the U.S. Government, and was previously used
by NMFS for storage and for temporary office trailers during
the reconstruction of the facilities following Hurricane
Katrina.
NOAA proposes to transfer real estate that it no longer uses
to the City. The City would use the parcel to secure safe
public access to the Pascagoula River and to expand the City's
continuous property holdings. The City wants to develop
waterfront property for the purpose of creating a public green
space as part of the City's overall redevelopment plan in the
wake of Hurricane Katrina. NOAA desires to secure from the City
a parcel adjacent to its facility in order to accommodate more
parking, storage, and future expansion of the Pascagoula
office. Both parcels proposed for transfer are approximately
35,059 square feet.
Summary of Provisions
S. 363 would authorize the Secretary of Commerce to convey
property currently under the jurisdiction of NOAA to the city
of Pascagoula, Mississippi, provided that the United States
receives consideration of at least the fair market value of the
property or rights conveyed. The bill specifies acceptable
forms of property, cash, and in-kind consideration.
Legislative History
S. 363 was introduced by Senator Wicker on February 16, 2011,
and is co-sponsored by Senator Cochran. At its Executive
Session on May 5, 2011, the Committee voted to report the
legislation 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. 363--A bill to authorize the Secretary of Commerce to convey
property of the National Oceanic and Atmospheric Administration
to the city of Pascagoula, Mississippi, and for other purposes
S. 363 would authorize the Secretary of Commerce to convey
less than 1 acre of land administered by the National Oceanic
and Atmospheric Administration (NOAA) to the city of
Pascagoula, Mississippi. The bill would require the city to
provide consideration to the federal government in the form of
land, cash, or services in an amount equal to the fair market
value of the federal land that would be conveyed. Based on
information provided by NOAA, CBO expects that the city would
convey land to the federal government as the primary form of
consideration.
CBO estimates that implementing S. 363 would have no
significant impact on the federal budget. Enacting the
legislation could increase offsetting receipts (a credit
against direct spending) if the city of Pascagoula provided
cash in exchange for the federal land; therefore, pay-as-you-go
procedures apply. However, CBO estimates that any such impact
would be negligible. Implementing S. 363 would not affect
revenues.
S. 363 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.
Enacting this bill would benefit Pascagoula; any costs to the
city would be incurred voluntarily.
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. 363 would allow the conveyance of a certain parcel of land
under the administrative jurisdiction of NOAA to the city of
Pascagoula, Mississippi. The conveyance of this property to the
City is anticipated to result in the creation of a public green
space and in increased public access to the Pascagoula River,
affecting those individuals who will utilize this area in the
future.
ECONOMIC IMPACT
The bill allows for the transfer of property between the
Federal Government and the city of Pascagoula, Mississippi, and
does not require any authorization of funds.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation.
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. Exchange of National Oceanic and Atmospheric Administration
property in Pascagoula, Mississippi
This section would authorize the Secretary of Commerce to
convey a certain area of land under the administrative
jurisdiction of the Under Secretary for Oceans and Atmosphere
to the city of Pascagoula, Mississippi. This section would also
require the Secretary of Commerce to ensure that the United
States receives consideration for the conveyance at a level not
less than the fair market value of the property. Additionally,
this section would allow the Secretary of Commerce to grant or
convey a right of way or easement to the city.
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.