[Senate Report 112-243]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 558
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-243

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   TO APPROVE THE TRANSFER OF YELLOW CREEK PORT PROPERTIES IN IUKA, 
                              MISSISSIPPI

                                _______
                                

               November 30, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1735]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works to which was 
referred a bill (S. 1735) to approve the transfer of Yellow 
Creek Port properties in Iuka, Mississippi, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    S. 1735 approves the transfer of federal properties at the 
Yellow Creek Port in Iuka, Mississippi, by the Tennessee Valley 
Authority to the State of Mississippi.

                    GENERAL STATEMENT AND BACKGROUND

    The Tennessee Valley Authority is the nation's largest 
public power provider and a corporation of the U.S. government. 
TVA was established by Congress in 1933 to address a wide range 
of environmental, economic, and technological issues, including 
the delivery of low-cost electricity, the management of natural 
resources, environmental stewardship, and advancing the 
economic development of the Tennessee Valley region. Section 
4(k) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 
831c(k)), authorizes TVA to convey real property to any person, 
including a State, for purposes of erecting docks and buildings 
for shipping purposes or the manufacture or storage of products 
for the purpose of trading or shipping in transportation, 
subject to the approval of Congress.
    The Yellow Creek Port, located on the Tennessee-Tombigbee 
Waterway in Iuka, Mississippi, was developed by TVA in 
cooperation with the State of Mississippi for economic 
development purposes. The port facilities include a dock, 
mooring cells, a railway connection, mobile cranes, warehouses, 
and barge storage areas. TVA previously transferred real 
property at the port to the state of Mississippi which has been 
developed commercially, including a number of manufacturing 
operations. This bill approves the transfer of the remaining 
federal properties to the State of Mississippi to more 
efficiently administer the port and further economic 
development and job creation in the area.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Transfer of Yellow Creek Port properties

    Section 1 approves the conveyance by TVA, on behalf of the 
United States, to the State of Mississippi of the Yellow Creek 
Port properties owned by the United States and in the custody 
of TVA at Iuka, Mississippi.

                          LEGISLATIVE HISTORY

    Senator Cochran introduced S. 1735, a bill to approve the 
transfer of Yellow Creek Port properties in Iuka, Mississippi, 
on October 19, 2011. The bill was read twice and referred to 
the Senate Committee on Environment and Public Works. The 
Committee met on July 25, 2012, and ordered S. 1735 favorably 
reported without amendment by voice vote.

                                HEARINGS

    There were no hearings held on this bill.

                             ROLLCALL VOTES

    On July 25, 2012, the Committee on Environment and Public 
Works met and considered S. 1735. A quorum of the Committee 
being present, S. 1735 was reported favorably without amendment 
by a voice vote. There were no rollcall votes taken in 
Committee on this bill.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1735 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office has found, ``S. 1735 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would benefit the state of 
Mississippi.''

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance 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:

                                                September 26, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1735, a bill to 
approve the transfer of Yellow Creek Port properties in Iuka, 
Mississippi.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathleen 
Gramp.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1735--A bill to approve the transfer of Yellow Creek Port properties 
        in Iuka, Mississippi

    S. 1735 would authorize the Tennessee Valley Authority 
(TVA) to convey certain federal properties to the state of 
Mississippi. Enacting S. 1735 would affect direct spending; 
therefore, pay-as-you-go procedures apply to the bill. CBO 
estimates, however, that the net impact on direct spending 
would be insignificant over the 2013-2022 period. Enacting S. 
1735 would not affect revenues or spending subject to 
appropriation.
    S. 1735 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the state of Mississippi.
    Based on information from TVA and the state of Mississippi, 
CBO estimates that TVA would convey approximately 172 acres in 
an area known as the Yellow Creek Port in Iuka, Mississippi. 
Under a law enacted by the state in 2011, Mississippi is 
authorized to acquire the property if environmental assessments 
determine that the property is clear of any contaminants or 
pollutants and if TVA waives certain payment obligations. The 
conveyance is subject to Congressional approval because the 
transfer would occur through a noncompetitive process.
    TVA would incur some administrative and other expenses to 
implement the conveyance, but CBO expects that those costs 
probably would be minimal in any given year. Although some 
spending may occur if the state's environmental assessments 
identify a need for remedial action, TVA anticipates that any 
such costs would be negligible and could occur under current 
law. Similarly, waiving the amounts due from Mississippi would 
have no effect on the budget because no such payments are 
expected over the next 10 years. Furthermore, any changes in 
TVA's expenses would have no significant net effect on direct 
spending over the 2013-2022 period, CBO estimates, because TVA 
is required by law to pass on all of its costs and savings to 
its electricity customers.
    The CBO staff contact for this estimate is Kathleen Gramp. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

                                  
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