U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

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 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

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 


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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 

JANUARY 26, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[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 parkVerDate Mar 15 2010 05:20 Jan 27, 2012 Jkt 019010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR133.XXX SR133

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ing. 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 


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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 


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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. 

Æ 


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