[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 4203

Public Law 110-393
110th Congress

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. [NOTE: Oct. 13,
2008 -  [H.R. 5350]

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 [NOTE: Notification.   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

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122 STAT. 4204

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. [NOTE: Real property. Alabama.
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.

Approved October 13, 2008.

LEGISLATIVE HISTORY--H.R. 5350:
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HOUSE REPORTS: No. 110-822, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 15, 17, considered and passed House.
Sept. 26, considered and passed Senate, amended.
Sept. 29, House concurred in Senate amendment.