[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5350 Enrolled Bill (ENR)]

        H.R.5350

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
   To authorize the Secretary of Commerce to sell or exchange certain 
  National Oceanic and Atmospheric Administration property located in 
               Norfolk, Virginia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
    (a) In General.--The Secretary of Commerce may sell or exchange to 
the City of Norfolk, Virginia, in accordance with chapter 13 of title 
40, United States Code, real property under the administrative 
jurisdiction of the National Oceanic and Atmospheric Administration (in 
this section referred to as ``NOAA''), including land and improvements 
thereon, located at 538 Front Street, Norfolk, Virginia, consisting of 
approximately 3.78 acres, if the Secretary--
        (1) determines that the conveyance is in the best interests of 
    NOAA and the Federal Government; and
        (2) has provided prior notification to the Committee on Natural 
    Resources and the Committee on Appropriations of the House of 
    Representatives and the Committee on Commerce, Science, and 
    Transportation and the Committee on Appropriations of the Senate.
    (b) Consideration.--
        (1) In general.--For any conveyance under this section the 
    Secretary shall require the City of Norfolk to provide 
    consideration to the United States that is not less than the fair 
    market value of the property conveyed by the United States.
        (2) Form.--Consideration under this subsection may include any 
    combination of--
            (A) cash or cash equivalents;
            (B) other property (either real or personal); and
            (C) consideration in-kind, including--
                (i) provision of space, goods, or services of benefit 
            to NOAA including construction, repair, remodeling, or 
            other physical improvements of NOAA property;
                (ii) maintenance of NOAA property;
                (iii) provision of office, storage, or other useable 
            space; or
                (iv) relocation services associated with conveyance of 
            property under this section.
        (3) Determination of fair market value.--The Secretary shall 
    determine fair market value for purposes of paragraph (1) based 
    upon a highest- and best-use appraisal of the property conveyed 
    under subsection (a) conducted in conformance with the Uniform 
    Appraisal Standards for Professional Appraisal Practice.
    (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) 
by the United States as proceeds of any conveyance under this section 
shall be available to the Secretary, subject to appropriation, for--
        (1) activities related to the operations of, or capital 
    improvements, to NOAA property; or
        (2) relocation and other costs associated with the sale or 
    exchange.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
of property by the United States under subsection (a) as the Secretary 
considers appropriate to protect the interest of the United States, 
including the recoupment of any profit the City of Norfolk may realize 
within three years after the date of conveyance to the City due to 
resale of the property
    (e) Termination.--The authority granted to the Secretary under 
subsections (a) and (b) shall terminate at the end of the 24-month 
period beginning on the date of enactment of this Act if no contract 
for sale or exchange under subsection (a) has been entered into by the 
City of Norfolk and the United States. Notwithstanding any other 
provision of law, the Secretary of Commerce, through the Under 
Secretary and Administrator of the National Oceanic and Atmospheric 
Administration (NOAA), is authorized to enter into a land lease with 
Mobile County, Alabama for a period of not less than 40 years, on such 
terms and conditions as NOAA deems appropriate, for purposes of 
construction of a Gulf of Mexico Disaster Response Center facility, 
provided that the lease is at no cost to the government. NOAA may enter 
into agreements with state, local, or county governments for purposes 
of joint use, operations and occupancy of such facility.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.