[Senate Report 112-171]
[From the U.S. Government Publishing Office]
112th Congress
2d Session SENATE Report
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
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska 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
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).
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 off-ramp 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 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.
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.