S. 363 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

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. 

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; 
S. 363—2 

(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.