```

[110th Congress Public Law 393]
[From the U.S. Government Printing Office]

[DOCID: f:publ393.110]

[[Page 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

[[Page 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:
---------------------------------------------------------------------------

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.

                                  <all>
```