[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6159 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 6159

_______________________________________________________________________

                                 AN ACT


 
To provide for a land exchange involving certain National Forest System 
lands in the Mendocino National Forest in the State of California, 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. SHORT TITLE.

    This Act may be cited as the ``Deafy Glade Land Exchange Act''.

SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA.

    (a) Land Exchange Required.--If Solano County, California (in this 
section referred to as the ``County'') conveys to the Secretary of 
Agriculture all right, title, and interest of the County in and to four 
parcels of land consisting of a total of approximately 160 acres 
identified on the map entitled ``Fouts Springs-Deafy Glade Federal and 
Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey 
to the County, in exchange, all right, title, and interest of the 
United States in and to the parcel of land in the Mendocino National 
Forest in the State of California (including any improvements on the 
land) comprising approximately 82 acres and known as the Fouts Springs 
Ranch, as also depicted on the map.
    (b) Availability of Map.--The map referred to in subsection (a) 
shall be on file and available for public inspection in the Office of 
the Chief of the Forest Service. With the agreement of the County, the 
Secretary may make technical corrections to the map and the legal 
descriptions of the land to be exchanged under this section.
    (c) Land Exchange Process.--Section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land 
exchange under this section.
    (d) Survey and Administrative Costs.--The exact acreage and legal 
description of the land to be exchanged under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The costs of the 
survey and any administrative costs related to the land exchange shall 
be borne by the County.
    (e) Condition on Use of Conveyed Land.--As a condition of the 
conveyance to the County under subsection (a), the County shall agree 
to continue to use the land acquired by the County under such 
subsection for purposes consistent with the purposes listed in the 
special use authorization for the Fouts Springs Ranch in effect as of 
the date of the enactment of this Act.
    (f) Easement Authority.--The Secretary may grant an easement to 
provide continued access to, and maintenance and use of, the facilities 
covered by the special use authorization referred to in subsection (e) 
as necessary for the continued operation of the Fouts Springs Ranch 
conveyed under subsection (a).
    (g) Management of Acquired Land.--The lands acquired by the 
Secretary under subsection (a) shall be added to and administered as 
part of the Mendocino National Forest and managed in accordance with 
the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 
480 et seq.) and the laws and regulations applicable to the National 
Forest System.
    (h) Additional Terms and Conditions.--The land exchange under 
subsection (a) shall be subject to such additional terms and conditions 
as the Secretary and the County may agree upon.

SEC. 3. 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.

            Passed the House of Representatives September 22, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 6159

_______________________________________________________________________

                                 AN ACT

To provide for a land exchange involving certain National Forest System 
lands in the Mendocino National Forest in the State of California, and 
                          for other purposes.