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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.