29–010 

Calendar No. 558 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–243 

TO APPROVE THE TRANSFER OF YELLOW CREEK PORT 

PROPERTIES IN IUKA, MISSISSIPPI 

NOVEMBER 30, 2012.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1735] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works to which was 

referred a bill (S. 1735) to approve the transfer of Yellow Creek 

Port properties in Iuka, Mississippi, having considered the same, 

reports favorably thereon without amendment and recommends 

that the bill do pass. 

PURPOSE OF THE LEGISLATION

S. 1735 approves the transfer of federal properties at the Yellow 

Creek Port in Iuka, Mississippi, by the Tennessee Valley Authority 

to the State of Mississippi. 

GENERAL STATEMENT AND BACKGROUND

The Tennessee Valley Authority is the nation’s largest public 

power provider and a corporation of the U.S. government. TVA was 

established by Congress in 1933 to address a wide range of environmental, economic, and technological issues, including the delivery of low-cost electricity, the management of natural resources, 

environmental stewardship, and advancing the economic development of the Tennessee Valley region. Section 4(k) of the Tennessee 

Valley Authority Act of 1933 (16 U.S.C. 831c(k)), authorizes TVA 

to convey real property to any person, including a State, for purposes of erecting docks and buildings for shipping purposes or the 

manufacture or storage of products for the purpose of trading or 

shipping in transportation, subject to the approval of Congress. 


jbell on DSK7SPTVN1PROD with 
2 

The Yellow Creek Port, located on the Tennessee-Tombigbee Waterway in Iuka, Mississippi, was developed by TVA in cooperation 

with the State of Mississippi for economic development purposes. 

The port facilities include a dock, mooring cells, a railway connection, mobile cranes, warehouses, and barge storage areas. TVA previously transferred real property at the port to the state of Mississippi which has been developed commercially, including a number of manufacturing operations. This bill approves the transfer of 

the remaining federal properties to the State of Mississippi to more 

efficiently administer the port and further economic development 

and job creation in the area. 

SECTION-BY-SECTION ANALYSIS

Section 1. Transfer of Yellow Creek Port properties 

Section 1 approves the conveyance by TVA, on behalf of the 

United States, to the State of Mississippi of the Yellow Creek Port 

properties owned by the United States and in the custody of TVA 

at Iuka, Mississippi. 

LEGISLATIVE HISTORY

Senator Cochran introduced S. 1735, a bill to approve the transfer of Yellow Creek Port properties in Iuka, Mississippi, on October 

19, 2011. The bill was read twice and referred to the Senate Committee on Environment and Public Works. The Committee met on 

July 25, 2012, and ordered S. 1735 favorably reported without 

amendment by voice vote. 

HEARINGS

There were no hearings held on this bill. 

ROLLCALL VOTES

On July 25, 2012, the Committee on Environment and Public 

Works met and considered S. 1735. A quorum of the Committee 

being present, S. 1735 was reported favorably without amendment 

by a voice vote. There were no rollcall votes taken in Committee 

on this bill. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 1735 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office has found, ‘‘S. 1735 contains no intergovernmental or 

private-sector mandates as defined in the Unfunded Mandates Reform Act and would benefit the state of Mississippi.’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 


jbell on DSK7SPTVN1PROD with 
3 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

SEPTEMBER 26, 2012. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1735, a bill to approve 

the transfer of Yellow Creek Port properties in Iuka, Mississippi. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Kathleen Gramp. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1735—A bill to approve the transfer of Yellow Creek Port properties in Iuka, Mississippi 

S. 1735 would authorize the Tennessee Valley Authority (TVA) 

to convey certain federal properties to the state of Mississippi. Enacting S. 1735 would affect direct spending; therefore, pay-as-yougo procedures apply to the bill. CBO estimates, however, that the 

net impact on direct spending would be insignificant over the 

2013–2022 period. Enacting S. 1735 would not affect revenues or 

spending subject to appropriation. 

S. 1735 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

benefit the state of Mississippi. 

Based on information from TVA and the state of Mississippi, 

CBO estimates that TVA would convey approximately 172 acres in 

an area known as the Yellow Creek Port in Iuka, Mississippi. 

Under a law enacted by the state in 2011, Mississippi is authorized 

to acquire the property if environmental assessments determine 

that the property is clear of any contaminants or pollutants and if 

TVA waives certain payment obligations. The conveyance is subject 

to Congressional approval because the transfer would occur 

through a noncompetitive process. 

TVA would incur some administrative and other expenses to implement the conveyance, but CBO expects that those costs probably 

would be minimal in any given year. Although some spending may 

occur if the state’s environmental assessments identify a need for 

remedial action, TVA anticipates that any such costs would be negligible and could occur under current law. Similarly, waiving the 

amounts due from Mississippi would have no effect on the budget 

because no such payments are expected over the next 10 years. 

Furthermore, any changes in TVA’s expenses would have no significant net effect on direct spending over the 2013–2022 period, 

CBO estimates, because TVA is required by law to pass on all of 

its costs and savings to its electricity customers. 

The CBO staff contact for this estimate is Kathleen Gramp. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 


jbell on DSK7SPTVN1PROD with 
4 

CHANGES IN EXISTING LAW

Section 12 of rule XXVI of the Standing Rules of the Senate requires the committee to publish changes in existing law made by 

the bill as reported. Passage of this bill will make no changes to 

existing law. 

Æ 


jbell on DSK7SPTVN1PROD with