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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-502

======================================================================

 
   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

                                _______
                                

  May 30, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 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.