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112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-239
_______________________________________________________________________

                                     

                                                       Calendar No. 547
 
A BILL TO AUTHORIZE THE SECRETARY OF COMMERCE TO CONVEY REAL PROPERTY, 
    INCLUDING IMPROVEMENTS, OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
      ADMINISTRATION IN KETCHIKAN, ALASKA, AND FOR OTHER PURPOSES

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1307



                                     

               November 14, 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
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       Calendar No. 547
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-239

======================================================================




A BILL TO AUTHORIZE THE SECRETARY OF COMMERCE TO CONVEY REAL PROPERTY, 
    INCLUDING IMPROVEMENTS, OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
      ADMINISTRATION IN KETCHIKAN, ALASKA, AND FOR OTHER PURPOSES

                                _______
                                

               November 14, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 1307]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1307) to authorize the 
Secretary of Commerce (Secretary) to convey real property, 
including improvements, of the National Oceanic and Atmospheric 
Administration (NOAA) in Ketchikan, Alaska, 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. 1307 is to authorize NOAA to sell the 
agency's existing, but condemned and unsafe, homeport facility 
in Ketchikan, Alaska, and to apply the proceeds from the sale, 
should it occur, towards a new homeport facility in Ketchikan. 
The intent of the bill is to help encourage cost-effective 
collaboration between the State and Federal Government in 
developing a new port facility which can support both State 
agency and NOAA needs. The bill does not authorize any 
additional Federal funds.

                          Background and Needs

  The NOAA Ship Fairweather, a hydrographic survey ship, serves 
as NOAA's only multi-role Arctic survey platform. By statute, 
the vessel is homeported in Ketchikan, Alaska. The current port 
facility consists of a pier for the ship, a small-boat dock, a 
warehouse, an office, and parking. The ship's pier is over 50 
years old, and in 2008 the pier was condemned as structurally 
unsound. As a result, the Fairweather now must transit to 
NOAA's Marine Operations Center-Pacific (MOC-P; in Newport, 
Oregon) for the winter. Because the Fairweather is usually 
funded for 130-210 days-at-sea per year, the five to ten days 
spent traveling to Oregon and back reduces the ship time that 
can be spent on the Fairweather's central mission of nautical 
charting. Authorizing NOAA to sell the existing dock and use 
the funds to contribute towards a suitable replacement facility 
to homeport the vessel would enable greater continuity of 
service in the Arctic.

                         Summary of Provisions

  S. 1307 would allow NOAA to retain any proceeds obtained from 
the conveyance of its current property and to apply those funds 
to a new facility in Ketchikan.

                          Legislative History

  S. 1307 was introduced on June 30, 2011, by Senator Begich, 
and is cosponsored by Senator Murkowski. On November 2, 2011, 
the Committee met in open Executive Session and by voice vote 
ordered that the bill be reported 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. 1307--A bill to authorize the Secretary of Commerce to convey real 
        property, including improvements, of the National Oceanic and 
        Atmospheric Administration in Ketchikan, Alaska, and for other 
        purposes
    S. 1307 would authorize the Secretary of Commerce to sell a 
National Oceanic and Atmospheric Administration (NOAA) port 
facility in Ketchikan, Alaska. The bill also would authorize 
the Secretary to acquire a new facility to serve as the 
homeport for the NOAA Ship Fairweather. CBO estimates that 
implementing the legislation would cost $3 million over the 
2012-2016 period, subject to the availability of appropriated 
funds. In addition, we estimate that S. 1307 would increase 
offsetting receipts (a credit against direct spending) by $1 
million; therefore, pay-as-you-go procedures apply. Enacting 
the bill would not affect revenues.
    S. 1307 would authorize the appropriation of funds to 
establish a new homeport in Ketchikan. Because it is generally 
cheaper for the federal government to own property than to 
lease it, CBO expects that, under the bill, NOAA would purchase 
an existing port facility for its use. Based on information 
provided by individuals with knowledge of the real estate 
market in Ketchikan, CBO estimates that acquiring the new 
facility and making the necessary improvements would cost about 
$3 million over the 2012-2016 period, assuming appropriation of 
the amount necessary to purchase a new port facility.
    Under the bill, the Secretary would be authorized to sell a 
condemned NOAA port facility in Ketchikan, Alaska. Proceeds 
from the sale would be deposited in the U.S. Treasury as 
offsetting receipts. Based on information provided by the 
agency and individuals familiar with real estate values in 
Ketchikan, CBO estimates that enacting the legislation would 
increase offsetting receipts by about $1 million in the year 
the facility is sold, sometime over the next several years.
    S. 1307 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.
    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. 1307 does not authorize any new regulations and therefore 
would not subject any individuals or businesses to regulation.

                            ECONOMIC IMPACT

  The legislation is not expected to have an impact on the 
Nation's economy.

                                PRIVACY

  S. 1307 would not have a negative impact on the personal 
privacy of individuals.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for private individuals, businesses, or the Federal Government.

                   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. Conveyance Certain Property of the National Oceanic and 
        Atmospheric Administration in Ketchikan, Alaska.

  This section would authorize the Secretary to convey property 
currently under the administrative jurisdiction of NOAA to a 
non-Federal entity, if the Secretary determines the conveyance 
is in the best interest of NOAA and the Federal Government. 
Subsection (b) would require that in return for the property, 
the United States receive fair market value of the property in 
the form of any combination of the following: (1) property; (2) 
cash or cash equivalents; and/or (3) in-kind consideration. 
Subsection (b)(3) would require the Secretary to determine fair 
market value of the property based on a highest- and best-use 
appraisal consistent with the Uniform Appraisal Standards for 
Professional Appraisal Practice. Subsection (c) would authorize 
the Secretary to, subject to appropriation, use proceeds from 
the conveyance of the NOAA property to lease or purchase 
property at a new port facility in the Ketchikan Gateway 
Borough, Alaska. Subsection (d) would require the Secretary to 
conduct and pay for an adequate survey of the NOAA property to 
be transferred. The remaining subsections of the legislation 
would authorize the Secretary to: exchange the property; 
acquire temporary facilities during the transition to the new 
port facility; and require additional terms and conditions as 
necessary.

                        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.