I 

112TH CONGRESS 

1ST SESSION S. 363 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2011 

Referred to the Committee on Natural Resources 

AN ACT 

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. 

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


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1 SECTION 1. EXCHANGE OF NATIONAL OCEANIC AND AT2 MOSPHERIC ADMINISTRATION PROPERTY IN 

3 PASCAGOULA, MISSISSIPPI. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, if the Secretary of Commerce determines that 

6 it is in the best interest of the National Oceanic and At7 mospheric Administration and the Federal Government to 

8 do so, the Secretary may convey to the City of Pascagoula, 

9 Mississippi, by standard quitclaim deed, real property con10 sisting of parcels, or portions of parcels, under the admin11 istrative jurisdiction of the Under Secretary for Oceans 

12 and Atmosphere, including land and improvements there13 on, within a tract roughly bounded by— 

14 (1) Delmas Avenue to the south; 

15 (2) Pascagoula River to the west; 

16 (3) Pol Street to the north; and 

17 (4) real property owned by the City of 

18 Pascagoula to the east. 

19 (b) CONSIDERATION.— 

20 (1) IN GENERAL.—For a conveyance under sub21 section (a), the Secretary shall require that the 

22 United States receive consideration of not less than 

23 the fair market value of the property or rights con24 veyed. 

25 (2) FORM.—Consideration under this sub26 section may include any combination of— 


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1 (A) property (either real or personal), in2 cluding tracts of real property and buildings, 

3 owned by the City of Pascagoula, that are lo4 cated in such city south of Delmas Avenue, as 

5 well as a contiguous portion of the street known 

6 as Delmas Avenue adjacent to real property 

7 under the administrative jurisdiction of the 

8 Under Secretary for Oceans and Atmosphere; 

9 (B) cash or cash equivalents; and 

10 (C) consideration in-kind, including— 

11 (i) provision of space, goods, or serv12 ices of benefit, including construction, re13 pair, remodeling, or other physical im14 provements; 

15 (ii) maintenance of property; 

16 (iii) provision of office, storage, or 

17 other useable space; or 

18 (iv) relocation services associated with 

19 conveyance of property under this section. 

20 (3) DETERMINATION OF FAIR MARKET

21 VALUE.—The Secretary shall determine fair market 

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

23 highest- and best-use appraisal of the properties con24 veyed under subsection (a) conducted in conformVerDate Mar 15 2010 00:54 Nov 15, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S363.RFH S363

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1 ance with the Uniform Appraisal Standards for Pro2 fessional Appraisal Practice. 

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

4 under subsection (b)(2)(A) by the United States as pro5 ceeds of any conveyance under this section shall be avail6 able to the Secretary, subject to appropriation, for activi7 ties related to the operations of, or capital improvements 

8 to, property of the Administration. 

9 (d) ADDITIONAL TERMS AND CONDITIONS.— 

10 (1) IN GENERAL.—The Secretary may require 

11 such additional terms and conditions with the ex12 change of property by the United States under sub13 section (a) as the Secretary considers appropriate to 

14 protect the interest of the United States. 

15 (2) EASEMENTS OR RIGHTS OF WAY.—The Sec16 retary may grant or convey to the City of 

17 Pascagoula a right of way or easement if the Sec18 retary determines such grant or conveyance is in the 

19 best interest of the Administration and the Federal 

20 Government. 

Passed the Senate November 10, 2011. 

Attest: NANCY ERICKSON, 

Secretary. 


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