[House Report 108-378]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-378
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CONVEYANCE OF NOAA VESSEL TO UTROK ATOLL
_______
November 18, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2584]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2584) to provide for the conveyance to the Utrok Atoll
local government of a decommissioned National Oceanic and
Atmospheric Administration ship, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2584 is to provide for the conveyance
to the Utrok Atoll local government of a decommissioned
National Oceanic and Atmospheric Administration ship.
BACKGROUND AND NEED FOR LEGISLATION
The National Oceanic and Atmospheric Administration (NOAA)
oceanographic research vessel that is likely to be transfer
under this legislation is the McArthur, which was
decommissioned on May 20, 2003. This ship is: 175 feet in
length, has a draft of 12 feet, a displacement of more than
1,000 tons, a cruising range of 6,600 nautical miles and
cruising speed of ten knots. It was constructed by the Norfolk
Shipbuilding and Drydock Company in Virginia. This vessel was
commissioned in December of 1966 and was used by NOAA for more
than 35 years to conduct chemical, meteorological and
biological sampling for several large scale programs. The
majority of the McArthur's work was performed in several
National Marine Sanctuaries on the West Coast of the United
States.
The Utrok Atoll is one of the 29 low coral atolls that
comprise the Republic of the Marshall Islands. It has a current
population of about 600 people, and the atoll is slightly
smaller than 1 square mile. During the period of nuclear bomb
testing, the residents of the Utrok Atoll were exposed to the
effects of radiation caused by a miscalculation of the effects
of the March 1954 Bravo Hydrogen bomb test on Bikini Island.
Regrettable, the fallout from this test drifted to several
neighboring islands including Utrok which is approximately 255
miles from the bomb site. Since that time, Utrok residents have
suffered increased rates of thyroid cancer and birth defects.
This vessel will provide an essential means of
transportation to those living on the atoll and the 3,000
residents living throughout the Marshall Islands to the
Department of Energy's Whole Body Counting Facility in the city
of Majuro. This city is the capital of the Marshall Islands and
it is more than 250 miles from the Utrok Atoll. This facility
was dedicated on July 19, 2003, and it is designed to monitor
radioactivity in the people of Utrok. It is currently difficult
to provide access to these medical facilities because of not
only its location but the cost and infrequency of airline
transportation. In addition, the transferred vessel will be
used for any resettlement of residents, to transport tons of
potassium fertilizer and equipment required for radiation
cleanup and environmental monitoring and to periodically ship
U.S. Department of Agriculture food to Utrok. This food is
necessary to supplement the diet of the residents of Utrok
because the food grown on the island is contaminated with
radioactive Cesium-137.
H.R. 2584 stipulates that the Secretary of Commerce may
convey to the Utrok Atoll government all rights, title and
interests to a decommissioned NOAA vessel. In addition, the
legislation requires that the vessel be in operable condition
at the time of transfer and that any responsibility or
liability for maintaining the vessel in the future is conveyed
to the Utrok government.
COMMITTEE ACTION
H.R. 2584 was introduced on June 24, 2003, by Congressman
Eni Faleomavaega (D-AS). The legislation was referred to the
Committee on Resources and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On
October 29, 2003, the Full Resources Committee met to consider
the bill. The Subcommittee was discharged from further
consideration of the bill by unanimous consent. No amendments
were offered and the bill was ordered favorably reported to the
House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(d)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources; oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the Committee of the costs which would be incurred in
carrying out this bill. However, clause 3(d)(3)(B) of the rule
provides that this requirement does not apply when the
Committee has included in its report at 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.
2. 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 tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 13, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2584, a bill to
provide for the conveyance to the Utrok Atoll local government
of a decommissioned National Oceanic and Atmospheric
Administration ship.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth M. Robinson,
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 2584--A bill to provide for the conveyance to the Utrok Atoll
local government of a decommissioned National Oceanic and
Atmospheric Administration ship
H.R. 2584 would authorize the Department of Commerce to
convey without consideration a decommissioned ship to the
government of Utrok Atoll in the Marshall Islands. Based on
information provided by the National Oceanic and Atmospheric
Administration, CBO estimates that implementing this bill would
have no significant effect on the federal budget.
The legislation would impose 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. Under the bill, the government of the Utrok Atoll
would be responsible for any transportation or rehabilitation
costs associated with the conveyance.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
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.
H.R. 2584--A bill to provide for the conveyance to the Utrok Atoll
local government of a decommissioned National Oceanic and
Atmospheric Administration ship
H.R. 2584 would authorize the Department of Commerce to
convey without consideration a decommssioned ship to the
government of Utrok Atoll in the Marshall Islands. Based on
information provided by the National Oceanic and Atmospheric
Administration, CBO estimates that implementing this bill would
have no significant effect on the federal budget.
The legislation would impose 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. Under the bill, the government of the Utrok Atoll
would be responsible for any transportation or rehabilitation
costs associated with the conveyance.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMMITTEE CORRESPONDENCE
U.S. House of Representatives,
Committee on Resources,
Washington, DC, November 18, 2003.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: I ask your assistance in not seeking a
sequential referral of H.R. 2584, to provide for the conveyance
to the Utrok Atoll local government of a decommissioned
National Oceanic and Atmospheric Administration ship. This
noncontroversial bill was referred to the Committee on
Resources, which ordered it reported without amendment by
unanimous consent on October 29, 2003. Based on discussions
with the Parliamentarian, the Committee on Science would be
entitled to a sequential referral of this bill.
By not seeking a sequential referral of H.R. 2584, I agree
that the Committee on Science has not waived its jurisdiction
over the measure, nor should this action be taken as precedent
for other bills. In addition, in the unlikely event that a
conference on H.R. 2584 becomes necessary, I would support the
Committee on Science's request to be represented on that
conference for those matters within its jurisdiction. Finally,
I would be pleased to include this letter and your response in
the bill report for H.R. 2584.
Thank you for your consideration of my request, and I look
forward to seeing H.R. 2584 enacted soon.
Sincerely,
Richard W. Pombo,
Chairman.
------
U.S. House of Representatives,
Committee on Science,
Washington, DC, November 18, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, U.S. House of Representatives,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your November 18, 2003
letter concerning H.R. 2584, to provide for the conveyance to
the Utrok Atoll local government of a decommissioned National
Oceanic and Atmospheric Administration ship. As you state in
your letter, the Parliamentarian agreed that the Committee on
Science would receive a sequential referral of this bill.
Recognizing your wish that the House of Representatives
consider the bill as soon as possible, I will not exercise the
Committee's right to a referral of H.R. 2584. Of course,
waiving the Committee's right to a referral in this case does
not waive the committee's jurisdiction over any provision in
H.R. 2584 or similar provisions in other bills.
I appreciate and accept your offer to support a request
from the Committee on Science to be represented on any
conference on H.R. 2584 or a companion bill, in the unlikely
event one becomes necessary. Further, please include a copy of
our exchange of letters on this matter in the Committee Report
on H.R. 2584.
Thank you for your consideration regarding this matter.
Sincerely,
Sherwood L. Boehlert,
Chairman.