[House Report 112-502]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-502
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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
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May 30, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany S. 363]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 363) 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, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 363 is to authorize the Secretary of
Commerce to convey property of the National Oceanic and
Atmospheric Administration to the City of Pascagoula,
Mississippi.
BACKGROUND AND NEED FOR LEGISLATION
S. 363 would authorize the Secretary of Commerce to convey
specified property under the administrative jurisdiction of the
National Oceanic and Atmospheric Administration (NOAA) to the
City of Pascagoula, Mississippi. The bill would allow NOAA to
exchange less than one acre of property with the City of
Pascagoula to improve the administration of a science center
while providing the City with land it needs for a park and
Pascagoula River access.
The bill provides that the United States will receive at
least the fair market value of the property or rights conveyed.
The bill also specifies acceptable forms of property, cash, and
in-kind consideration and allows the Secretary to grant or
convey a right of way or easement to the City.
The NOAA National Marine Fisheries Service Southeast
Science Center located in the City of Pascagoula, Mississippi,
encroached on surrounding county property in late 1990s.
According to NOAA, the agency encroached on two small parcels
plus a portion of a street outside the Science Center for
security purposes. Jackson County originally owned the property
and agreed to the encroachment. The County later sold the
property to the City of Pascagoula in 2008. Over the years,
NOAA used the encroached land parcels for parking and storage.
In addition to these encroached land areas, NOAA would like to
acquire City property adjacent to the Science Center to provide
for more parking and storage, and potential facility expansion.
The total land NOAA would like to acquire from the City adds up
to roughly 46,466 square feet: Parcel A--11, 783 square feet of
Delmas Avenue beginning at the west side of the railroad right
of way ending at the Pascagoula River; Parcel B--approximately
34,000 square feet, representing a portion of Tract B bounded
by Delmas Avenue to the north and Watts Avenue to the south;
and Parcel C--683 square feet, representing a portion of Tract
B. Metes and bounds surveys have not been completed, which have
prevented NOAA from providing more specific parcel
descriptions.
The City of Pascagoula is interested in developing green
space along its waterfront area and would like to acquire NOAA
property to create a park, as well as secure public access to
the Pascagoula River, and to expand the City's contiguous land
holdings. The City would like to acquire 35,059 square feet of
NOAA property within a tract of land bounded by Delmas Avenue
to the south, Pascagoula River to the west, Pol Street to the
north, and City owned property to the east. According to NOAA,
it has removed modular buildings from the property and could
release the lands without disruption to its operations.
NOAA and the City of Pascagoula have expressed written
support for the land exchange. NOAA is prepared to contract for
the land surveys and appraisals necessary to prepare the
acquisition and disposal documents.
COMMITTEE ACTION
S. 363 was introduced on February 16, 2011, by Senator
Roger Wicker (R-MS). On November 10, 2011, the bill passed the
Senate, with an amendment, by unanimous consent. The bill was
then referred to the House Committee on Natural Resources, and
within the Committee to the Subcommittee on Fisheries,
Wildlife, Oceans and Insular Affairs. On December 15, 2011, the
Subcommittee held a hearing on the bill. On April 25, 2012, the
Full Natural Resources Committee met to consider the bill. The
Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs
was discharged by unanimous consent. No amendments were offered
to the bill and the bill was ordered favorably reported to the
House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
S. 363--An act 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.
On May 25, 2011, CBO transmitted a cost estimate for 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, as ordered reported by
the Senate Committee on Commerce, Science, and Transportation.
The two versions of the legislation are similar, and the
estimated costs are the same.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. 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.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of
Commerce to convey property of the National Oceanic and
Atmospheric Administration to the City of Pascagoula,
Mississippi.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.