U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–171 

Calendar No. 414 

FORMER CHARLESTON NAVAL BASE LAND 

EXCHANGE ACT OF 2012 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2061 

TO PROVIDE FOR AN EXCHANGE OF LAND BETWEEN THE DEPARTMENT OF HOMELAND SECURITY AND THE SOUTH CAROLINA STATE PORTS AUTHORITY 

MAY 24, 2012.—Ordered to be printed 


rfrederick on DSK6VPTVN1PROD with HEARINGE:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

MARK BEGICH, Alaska 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JERRY MORAN, Kansas 

MICHAEL L. ALEXANDER, Staff Director 

BETH M. GROSSMAN, Deputy Staff Director and Chief Counsel 

KRISTINE V. LAM, Professional Staff Member 

NICHOLAS A. ROSSI, Minority Staff Director 

MARK B. LEDUC, Minority General Counsel 

CHRISTOPHER R. MACDONALD, Minority Professional Staff Member 

TRINA DRIESSNACK TYRER, Chief Clerk 


rfrederick on DSK6VPTVN1PROD with HEARING
Calendar No. 414 

112TH CONGRESS SENATE REPORT " ! 2d Session 112–171 

FORMER CHARLESTON NAVAL BASE LAND EXCHANGE 

ACT OF 2012 

MAY 24, 2012.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

REPORT 

[To accompany S. 2061] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 2061) to provide for an exchange 

of land between the Department of Homeland Security and the 

South Carolina State Ports Authority, having considered the same, 

reports favorably thereon with amendments and recommends that 

the bill (as amended) do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 2 

IV. Section-by-Section Analysis .......................................................................... 2 

V. Estimated Cost of Legislation ....................................................................... 3 

VI. Evaluation of Regulatory Impact .................................................................. 4 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 4 

I. PURPOSE AND SUMMARY

S. 2061 authorizes the Secretary of Homeland Security to convey 

a parcel of Federal land in North Charleston, South Carolina to the 

South Carolina State Ports Authority (SCSPA) in exchange for 

specified parcels of land owned by the SCSPA. The bill also requires that upon acceptance of the title to the non-Federal land, 

the land is to be added to and administered as part of the Federal 

Law Enforcement Training Center (FLETC), an entity within the 

Department of Homeland Security (DHS). 


rfrederick on DSK6VPTVN1PROD with HEARING
2 

II. BACKGROUND AND NEED FOR LEGISLATION

The Department of Homeland Security currently has administrative jurisdiction over an approximately 10.5 acre parcel of federal 

land in North Charleston, South Carolina. The land lies adjacent 

to a busy port facility owned and operated by the State of South 

Carolina through the SCSPA. A U.S. Naval Base Complex formerly 

occupied the land, but the parcel now sits vacant except for the remains of a small building. The Federal government has no plans 

to use the land in the future. The SCSPA wishes to acquire this 

land to construct a road system connecting traffic from a new offramp that will be constructed to move traffic more efficiently from 

Interstate 26 onto the port facility. 

DHS currently has a 50-year lease with the SCSPA for a separate parcel of the SCSPA-owned land in Charleston, South Carolina. FLETC uses that land to house a training facility. This parcel 

of land is within a secure Federal enclave that includes facilities 

under the administrative control of the National Oceanic and Atmospheric Administration, the Department of State, and the U.S. 

Coast Guard. The SCSPA and FLETC have been exploring the possibility of a transfer of land to meet the needs of both parties. After 

a legal review it was determined that although FLETC has legal 

authority to acquire property and to construct facilities, it does not 

have legal authority to encumber or transfer property under its administrative control. Additionally, DHS does not have the authority 

to transfer or exchange property under its control. This bill would 

give the legislative authority necessary to complete the desired 

transfers of property. 

III. LEGISLATIVE HISTORY

S. 2061 was introduced on February 1, 2012, by Senator Graham, 

and the bill was referred to the Committee on Homeland Security 

and Governmental Affairs. The Committee considered the legislation at its business meeting on April 25, 2012. S. 2061 was ordered 

reported favorably by voice vote with an amendment by Chairman 

Lieberman, which the Committee also approved by voice vote. The 

amendment clarifies the coordinates of the Federal land that is authorized to be exchanged to the SCSPA and makes corrections to 

the tax map numbers identifying the parcel of non-Federal land 

that is to be exchanged to the Federal government. Senators Lieberman, Levin, Akaka, Carper, McCaskill, Begich, Collins, Coburn, 

Brown, and Johnson were present for both votes. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section names the Act the ‘‘Former Charleston Naval Land 

Exchange Act of 2012.’’ 

Section 2. Definitions 

This section defines the terms Federal land, non-Federal land, 

Secretary, and State Ports Authority that are used in this bill. 

The term ‘‘Federal land’’ means the parcels consisting of 10.499 

acres of land (including improvements) that are owned by the 

United States and administered by the Department of Homeland 

Security. The land is included within the Charleston County Tax 


rfrederick on DSK6VPTVN1PROD with HEARING
3 

Assessor’s Office Tax Map Number 400–00–00–004, and shown as 

New Parcel B in that certain plat of Forsberg Engineering and Surveying Inc., dated May 25, 2007, entitled in part ‘‘Plat Showing the 

Subdivision of TMS 400–00–00–004 into Parcel B and Remaining 

Residual (Parcel A).’’ 

The term ‘‘non-Federal land’’ means the 3 parcels of land (including improvements) in Charleston, South Carolina authorized to be 

conveyed to the United States under this Act. 

The term ‘‘Secretary’’ means the Secretary of Homeland Security. 

The Term ‘‘State Ports Authority’’ means the South Carolina 

State Ports Authority, an agency of the State of South Carolina. 

Section 3. Land exchange 

This section authorizes the Secretary of Homeland Security to 

convey a designated parcel of Federal land to the SCSPA in exchange for a parcel of non-Federal land owned by the SCSPA. Additionally, the coordinates and tax-map numbers for the non-Federal 

land are described. This section also states that the non-Federal 

land conveyed to the Secretary shall be acceptable to the Secretary 

and conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal government. 

Section 4. Exchange terms and conditions 

This section specifies that the conveyance of the Federal land 

under the previous section is subject to any valid existing rights 

and any additional terms and conditions that the Secretary of 

Homeland Security determines to be appropriate to protect the interests of the United States. Additionally, any cost of carrying out 

this land exchange shall be shared equally by the Secretary of 

Homeland Security and the SCSPA. Finally, the values of the Federal and non-Federal land in this exchange are to be considered 

equal notwithstanding the appraised value of the land. 

Section 4. Boundary adjustment 

This section requires that once the title to the non-Federal land 

has been accepted by the Secretary of Homeland Security, it is to 

be added to and administered as part of the Federal Law Enforcement Training Center and that the boundaries of the Center shall 

be adjusted to exclude the exchanged Federal land. 

V. ESTIMATED COST OF LEGISLATION

MAY 3, 2012. 

Hon. JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, U. S. Senate, Washington, DC, 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2061, the Former Charleston Naval Base Land Exchange Act of 2012. 

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

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 


rfrederick on DSK6VPTVN1PROD with HEARING
4 

S. 2061—Former Charleston Naval Base Land Exchange Act of 

2012 

S. 2061 would authorize the exchange of about 10 acres of land 

located on the former U.S. Naval Base Complex in Charleston, 

South Carolina, and controlled by the Federal Law Enforcement 

Training Center (FLETC) for about 25 acres of land that is owned 

by the South Carolina State Ports Authority (SCSPA). The exchange would allow FLETC to control parts of the training facility 

currently owned by SCSPA and would provide property for SCSPA 

to expand the size of the port facility. 

Based on information from FLETC and SCSPA, CBO estimates 

that implementing the legislation would have some small administrative costs to carry out the exchange, but such costs would not 

be significant. Enacting the legislation would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

S. 2061 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act; any costs 

to the state would be incurred voluntarily. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

VI. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and determined that the bill will 

have no regulatory impact within the meaning of the Rule. The 

Congressional Budget Office states that the bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of 

state, local, or tribal governments. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

S. 2061, as amended and reported, does not make any changes 

to existing law. 

Æ 


rfrederick on DSK6VPTVN1PROD with HEARING