[House Report 108-665]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-665
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AVAILABILITY OF NOAA REAL PROPERTY ON VIRGINIA KEY, FLORIDA
_______
September 8, 2004.--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. 4027]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4027) to authorize the Secretary of Commerce to make
available to the University of Miami property under the
administrative jurisdiction of the National Oceanic and
Atmospheric Administration on Virginia Key, Florida, for use by
the University for a Marine Life Science Center, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. AVAILABILITY OF NOAA REAL PROPERTY ON VIRGINIA KEY, FLORIDA.
(a) In General.--The Secretary of Commerce may make available to the
University of Miami real property under the administrative jurisdiction
of the National Oceanic and Atmospheric Administration on Virginia Key,
Florida, for use by the University for a Marine Life Science Center.
(b) Manner of Availability.--The Secretary may make property
available under this section by easement, lease, license, or long-term
agreement with the University.
(c) Authorized Uses by University.--
(1) In general.--Property made available under this section
may be used by the University (subject to paragraph (2)) to
develop and operate facilities for multidisciplinary
environmental and fisheries research, assessment, management,
and educational activities.
(2) Agreement.--Property made available under this section
may not be used by the University (including any affiliate of
the University) except in accordance with an agreement with the
Secretary that--
(A) specifies--
(i) the conditions for non-Federal use of the
property; and
(ii) the retained Federal interests in the
property, including interests in access to and
egress from the property by Federal personnel
and preservation of existing rights-of-way;
(B) establishes conditions for joint occupancy of
buildings and other facilities on the property by the
University and Federal agencies; and
(C) includes provisions that ensure--
(i) that there is no diminishment of existing
National Oceanic and Atmospheric Administration
programs and services at Virginia Key; and
(ii) the availability of the property for
planning, development, and construction of
future Federal buildings and facilities.
(3) Termination of availability.--The availability of
property under this section shall terminate immediately upon
use of the property by the University in violation of the
agreement under paragraph (2).
(d) Use of Facilities by Secretary.--The Secretary may--
(1) subject to the availability of appropriations, lease
facilities constructed by the University on property made
available under this section; and
(2) participate with the University in collaborative research
at, or administered through, such facilities.
(e) No Conveyance of Title.--This section shall not be construed to
convey or authorize conveyance of any interest of the United States in
title to property made available under this section.
PURPOSE OF THE BILL
The purpose of H.R. 4027 is to authorize the Secretary of
Commerce to make available to the University of Miami property
under the administrative jurisdiction of the National Oceanic
and Atmospheric Administration on Virginia Key, Florida, for
use by the University of Miami for a Marine Life Science
Center.
BACKGROUND AND NEED FOR LEGISLATION
Virginia Key, Florida, (located a few miles from downtown
Miami) is the site of the National Oceanic and Atmospheric
Administration's (NOAA) National Marine Fisheries Service
Southeast Fisheries Science Center (SEFSC), NOAA's Office of
Atmospheric Research Atlantic Oceanographic and Meteorological
Laboratory (AOML), and University of Miami's Rosentiel School
of Marine and Atmospheric Science (RSMAS). Due to their
proximity and overlap in research interests, NOAA and RSMAS
have had a close working relationship for many years. This
legislation is designed to maintain and strengthen that
relationship.
The SEFSC is responsible for scientific research on living
marine resources that occupy marine and estuarine habitats on
the continental southeastern United States, Puerto Rico, and
the U.S. Virgin Islands. Projects address specific needs in
population dynamics, fishery biology, fishery economics, gear
development, and protected species biology. Environmental
assessments for management plans and international negotiations
are also prepared.
AOML conducts basic and applied research in oceanography,
tropical meteorology, atmospheric and oceanic chemistry, and
acoustics. Their research seeks to understand the physical
characteristics and processes of the ocean and atmosphere, both
separately and as a coupled system. Much of their efforts focus
on understanding hurricanes and El Nino events.
RSMAS is located on 16 acres and supports a variety of
academic and research programs on marine, atmospheric, and
coastal topics. In fact, it is the only subtropical applied and
basic marine and atmospheric research institute of its kind in
the continental United States. More than 100 Ph.D. faculty
members, 150 graduate students, and a research support and
administrative staff of 250 comprise the academic community.
The success of RSMAS in recent years has resulted in outgrowing
their facilities, and there is consideration of moving the
school to another site. This measure provides an alternative by
allowing the University of Miami to build a facility on federal
land.
H.R. 4027 stipulates that the Secretary of Commerce may
make available property on Virginia Key, Florida, under the
administrative jurisdiction of NOAA for use by the University
of Miami for a Marine Life Science Center. Under this
legislation the University is authorized to use the property to
develop and operate facilities for multi-disciplinary
environmental and fisheries research, assessment, management,
and educational activities. The property may be made available
to the University via easement, lease, license, or long-term
agreement. In addition, NOAA is authorized to lease facilities
constructed by the University on this property and participate
in collaborative research at those facilities. The University
is prepared to spend up to $50 million dollars in non-federal
funds to construct a 180,000 square foot Marine Life Science
Center. As the author of the bill indicated, it ``gives the
Secretary the choice of granting a permit to the University
only if the Secretary determines that this is in the best
interests of the federal government.''
Upon completion, it is anticipated that the Marine Life
Science Center will add to the strong working relationship
between NOAA and RSMAS. It will allow collaborative research
efforts to continue, and foster an environment where innovative
approaches to management issues can be developed. Furthermore,
it will provide a venue to showcase NOAA's and RSMAS's research
results and their benefits to the public.
COMMITTEE ACTION
H.R. 4027 was introduced on March 24, 2004, by
Congresswoman Ileana Ros-Lehtinen (R-FL). The bill was referred
to the Committee on Resources and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On
May 13, 2004, the Subcommittee held a hearing on the bill. On
June 3, 2004, the Subcommittee met to mark up the bill.
Congressman Wayne T. Gilchrest (R-MD) offered an amendment in
the nature of a substitute to clarify that NOAA retains full
title to the land, it will revert back to NOAA if the
University vacates the agreement in the future and any use of
federal land at Virginia Keys must be subjected to a long-term
agreement between the University and the Secretary of Commerce.
It was adopted by unanimous consent. The bill, as amended, was
then ordered favorably reported to the Full Committee by
unanimous consent. On July 14, 2004, the Full Resources
Committee met to consider the bill. No further amendments were
offered and the bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(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 House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a 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, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Congressional Budget Office notes that the
University could pay NOAA for the use of the site under a
rental or licensing agreement, creating offsetting receipts,
but these would be ``minimal.''
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 of
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:
H.R. 4027--A bill to authorize the Secretary of Commerce to make
available to the University of Miami property under the
administrative jurisdiction of the National Oceanic and
Atmospheric Administration on Virginia Key, Florida, for use by
the University for a Marine Life Science Center
H.R. 4027 would authorize the National Oceanic and
Atmospheric Administration (NOAA) to allow the University of
Miami to construct and operate a multidisciplinary marine life
science center on federal land located on Virginia Key,
Florida. Under the bill, NOAA would make the building site
available to the university through a lease or other long-term
agreement; no permanent conveyance of any federal land or other
property interest would be authorized. Finally, the bill would
authorize NOAA to lease from the university any facilities
built at this site, subject to the availability of
appropriations.
Based on information obtained from NOAA, CBO estimates that
enacting H.R. 4027 would have no significant effect on the
federal budget. We expect that the marine life science center
would be constructed at no cost to the federal government. It
is possible that NOAA might lease some of the facilities in the
new center once it has been built, but CBO expected that such
future transactions would have no significant effect on the
agency's operating budget and would depend on appropriation of
the necessary amounts. It is also possible that the University
of Miami could pay NOAA for the use of the site under a rental
or licensing agreement, but we estimate that any resulting
offsetting receipts would be minimal. Enacting H.R. 4027 would
have no effect on federal revenues or other direct spending.
H.R. 4027 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 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.
COMMITTEE CORRESPONDENCE
House of Representatives,
Committee on Resources,
Washington, DC, August 25, 2004.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: I request your assistance in expediting
consideration of H.R. 4027, to authorize the Secretary of
Commerce to make available to the University of Miami property
under the administrative jurisdiction of the National Oceanic
and Atmospheric Administration on Virginia Key, Florida, for
use by the University for a Marine Life Science Center.
This worthwhile bill authored by Congresswoman Ileana Ros-
Lehtinen was referred solely to the Committee on Resources.
However, because the property in question is also utilized by
the National Oceanic and Atmospheric Administration Office of
Atmospheric Research Atlantic Oceanographic and Meteorological
Laboratory, programs under your Committee's jurisdiction may
also be affected. Therefore, the Committee on Science has a
colorable claim for a sequential referral of the bill. Due to
the very limited number of days remaining in the 108th
Congress, I ask that you not seek this sequential referral and
allow the bill to be considered by the House of Representatives
when we return from our August District Work period.
By not seeking this referral, 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, if a
conference on H.R. 4027 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 any response you
might have in the Committee report on the bill.
Thank you for your cooperation on this matter, and I look
forward to seeing H.R. 4027 enacted soon.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Science,
Washington, DC, September 8, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, House of Representatives, Longworth
House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for writing to me about H.R.
4027, to authorize the Secretary of Commerce to make available
to the University of Miami property under the administrative
jurisdiction of the National Oceanic and Atmospheric
Administration on Virginia Key, Florida, for use by the
University for a Marine Life Science Center.
The Committee on Science supports passage of this bill but,
as you indicated in your letter, the property in question is
utilized by the NOAA Office of Atmospheric Research's Atlantic
Oceanographic and Meteorological Laboratory, an Office under
the jurisdiction of the Committee on Science. Based on
conversations with the Office of the Parliamentarian, the
Committee on Science understands it has jurisdiction over H.R.
4027.
Recognizing your wish that the House of Representatives
consider this bill, I will not exercise the Committee's right
to a referral of H.R. 4027. This decision to forgo a sequential
referral does not waive the Committee's future jurisdiction
over these provisions.
I ask that you include our exchange of letters on this
matter in the legislative report of H.R. 4027. I also ask that
you support our request to be conferees during any House-Senate
conference.
Thank you for your consideration regarding this matter.
Sincerely,
Sherwood Boehlert,
Chairman.