19–006 

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 


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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. 


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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 


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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. 

Æ 


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