[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Page S7390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AUTHORIZING CONVEYANCE OF NOAA PROPERTY TO CITY OF PASCAGOULA, 
                              MISSISSIPPI

  Ms. CANTWELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 226, S. 363.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 363) to authorize the Secretary of Commerce to 
     convey property of the National Oceanic and Atmospheric 
     Administration to the City of Pascagoula, Mississippi, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the Wicker 
amendment at the desk be agreed to; the bill, as amended, be read a 
third time and passed, the motion to reconsider be laid upon the table, 
and any statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 942) was agreed to, as follows:

       Beginning on page 4, strike line 6, after ``able'', through 
     line 11 and insert the following: ``to the Secretary, subject 
     to appropriation, for activities related to the operations 
     of, or capital improvements to, property of the 
     Administration.''.

  The bill (S. 363), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 363

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXCHANGE OF NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION PROPERTY IN PASCAGOULA, 
                   MISSISSIPPI.

       (a) In General.--Notwithstanding any other provision of 
     law, if the Secretary of Commerce determines that it is in 
     the best interest of the National Oceanic and Atmospheric 
     Administration and the Federal Government to do so, the 
     Secretary may convey to the City of Pascagoula, Mississippi, 
     by standard quitclaim deed, real property consisting of 
     parcels, or portions of parcels, under the administrative 
     jurisdiction of the Under Secretary for Oceans and 
     Atmosphere, including land and improvements thereon, within a 
     tract roughly bounded by--
       (1) Delmas Avenue to the south;
       (2) Pascagoula River to the west;
       (3) Pol Street to the north; and
       (4) real property owned by the City of Pascagoula to the 
     east.
       (b) Consideration.--
       (1) In general.--For a conveyance under subsection (a), the 
     Secretary shall require that the United States receive 
     consideration of not less than the fair market value of the 
     property or rights conveyed.
       (2) Form.--Consideration under this subsection may include 
     any combination of--
       (A) property (either real or personal), including tracts of 
     real property and buildings, owned by the City of Pascagoula, 
     that are located in such city south of Delmas Avenue, as well 
     as a contiguous portion of the street known as Delmas Avenue 
     adjacent to real property under the administrative 
     jurisdiction of the Under Secretary for Oceans and 
     Atmosphere;
       (B) cash or cash equivalents; and
       (C) consideration in-kind, including--
       (i) provision of space, goods, or services of benefit, 
     including construction, repair, remodeling, or other physical 
     improvements;
       (ii) maintenance of 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 on a highest- and best-use appraisal of the 
     properties conveyed under subsection (a) conducted in 
     conformance with the Uniform Appraisal Standards for 
     Professional Appraisal Practice.
       (c) Use of Proceeds.--Any 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 activities related to the 
     operations of, or capital improvements to, property of the 
     Administration.
       (d) Additional Terms and Conditions.--
       (1) In general.--The Secretary may require such additional 
     terms and conditions with the exchange of property by the 
     United States under subsection (a) as the Secretary considers 
     appropriate to protect the interest of the United States.
       (2) Easements or rights of way.--The Secretary may grant or 
     convey to the City of Pascagoula a right of way or easement 
     if the Secretary determines such grant or conveyance is in 
     the best interest of the Administration and the Federal 
     Government.

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