[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.