II 

112TH CONGRESS 

1ST SESSION S. 1307 

To authorize the Secretary of Commerce to convey real property, including 

improvements, of the National Oceanic and Atmospheric Administration 

in Ketchikan, Alaska, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2011 

Mr. BEGICH (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To authorize the Secretary of Commerce to convey real property, including improvements, of the National Oceanic 

and Atmospheric Administration in Ketchikan, Alaska, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONVEYANCE CERTAIN PROPERTY OF THE NA4 TIONAL OCEANIC AND ATMOSPHERIC ADMIN5 ISTRATION IN KETCHIKAN, ALASKA. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, if the Secretary of Commerce determines that 

8 it is in the best interest of the National Oceanic and AtVerDate Mar 15 2010 03:38 Jul 02, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1307.IS S1307

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•S 1307 IS

1 mospheric Administration and the Federal Government to 

2 do so, the Secretary may convey to a non-Federal entity, 

3 by standard quitclaim deed, real property, including im4 provements to such property, under the administrative ju5 risdiction of the Under Secretary for Oceans and Atmos6 phere, located at 1010 Stedman Street in Ketchikan, Alas7 ka. 

8 (b) CONSIDERATION.— 

9 (1) IN GENERAL.—For a conveyance under sub10 section (a), the Secretary shall require that the 

11 United States receive consideration of not less than 

12 the fair market value of the property or rights con13 veyed. 

14 (2) FORM.—Consideration under this sub15 section may include any combination of— 

16 (A) property (either real or personal); 

17 (B) cash or cash equivalents; and 

18 (C) consideration in-kind, including— 

19 (i) provision of space, goods, or serv20 ices of benefit, including construction, re21 pair, remodeling, or other physical im22 provements; 

23 (ii) maintenance of property; 

24 (iii) provision of office, storage, or 

25 other useable space; or 


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1 (iv) relocation services associated with 

2 conveyance of property under this section. 

3 (3) DETERMINATION OF FAIR MARKET

4 VALUE.—The Secretary shall determine fair market 

5 value for purposes of paragraph (1) based on a 

6 highest- and best-use appraisal of the properties con7 veyed under subsection (a) conducted in conform8 ance with the Uniform Appraisal Standards for Pro9 fessional Appraisal Practice. 

10 (c) USE OF PROCEEDS.—Any amounts received 

11 under subsection (b) by the United States as proceeds of 

12 any conveyance under this section shall be available to the 

13 Secretary, subject to appropriation, for the acquisition, 

14 whether through lease or purchase of real property, and 

15 associated design and construction of a new port facility 

16 in the Ketchikan Gateway Borough, Alaska, that is under 

17 the administrative jurisdiction of the Under Secretary for 

18 Oceans and Atmosphere. 

19 (d) LEGAL DESCRIPTION.—The exact acreage and 

20 legal description of the real property to be conveyed under 

21 subsection (a) shall be determined by a survey satisfactory 

22 to the Secretary of Commerce. The cost of the survey shall 

23 be borne by the Secretary of Commerce. 

24 (e) EXCHANGE.—The Secretary may exchange all or 

25 any portion of the real property under subsection (a) as 


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1 the Secretary considers appropriate to protect the interest 

2 of the United States. 

3 (f) TRANSITION.—During any transition period nec4 essary for the relocation to a new port facility under sub5 section (c), the Secretary may, subject to the availability 

6 of appropriations, acquire such temporary facilities and 

7 associated services, through lease, license, or permit as 

8 may be necessary for such relocation. 

9 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

10 Secretary may require such additional terms and condi11 tions with a conveyance under subsection (a) as the Sec12 retary considers appropriate to protect the interest of the 

13 United States. 

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