II 

112TH CONGRESS 

1ST SESSION S. 363 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2011 

Mr. WICKER (for himself and Mr. COCHRAN) 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 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, 

3 SECTION 1. EXCHANGE OF NATIONAL OCEANIC AND AT4 MOSPHERIC ADMINISTRATION PROPERTY IN 

5 PASCAGOULA, MISSISSIPPI. 

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 02:51 Feb 17, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S363.IS S363

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1 mospheric Administration and the Federal Government to 

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

3 Mississippi, by standard quitclaim deed, real property con4 sisting of parcels, or portions of parcels, under the admin5 istrative jurisdiction of the Under Secretary for Oceans 

6 and Atmosphere, including land and improvements there7 on, within a tract roughly bounded by— 

8 (1) Delmas Avenue to the south; 

9 (2) Pascagoula River to the west; 

10 (3) Pol Street to the north; and 

11 (4) real property owned by the City of 

12 Pascagoula to the east. 

13 (b) CONSIDERATION.— 

14 (1) IN GENERAL.—For a conveyance under sub15 section (a), the Secretary shall require that the 

16 United States receive consideration of not less than 

17 the fair market value of the property or rights con18 veyed. 

19 (2) FORM.—Consideration under this sub20 section may include any combination of— 

21 (A) property (either real or personal), in22 cluding tracts of real property and buildings, 

23 owned by the City of Pascagoula, that are lo24 cated in such city south of Delmas Avenue, as 

25 well as a contiguous portion of the street known 


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1 as Delmas Avenue adjacent to real property 

2 under the administrative jurisdiction of the 

3 Under Secretary for Oceans and Atmosphere; 

4 (B) cash or cash equivalents; and 

5 (C) consideration in-kind, including— 

6 (i) provision of space, goods, or serv7 ices of benefit, including construction, re8 pair, remodeling, or other physical im9 provements; 

10 (ii) maintenance of property; 

11 (iii) provision of office, storage, or 

12 other useable space; or 

13 (iv) relocation services associated with 

14 conveyance of property under this section. 

15 (3) DETERMINATION OF FAIR MARKET

16 VALUE.—The Secretary shall determine fair market 

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

18 highest- and best-use appraisal of the properties con19 veyed under subsection (a) conducted in conform20 ance with the Uniform Appraisal Standards for Pro21 fessional Appraisal Practice. 

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

23 under subsection (b)(2)(A) by the United States as pro24 ceeds of any conveyance under this section shall be avail25 able to the Secretary, subject to appropriation, for— 


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1 (1) activities related to the operations of, or 

2 capital improvements, to property of the Administra3 tion; or 

4 (2) relocation and other costs associated with 

5 the sale or exchange. 

6 (d) ADDITIONAL TERMS AND CONDITIONS.— 

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

8 such additional terms and conditions with the ex9 change of property by the United States under sub10 section (a) as the Secretary considers appropriate to 

11 protect the interest of the United States. 

12 (2) EASEMENTS OR RIGHTS OF WAY.—The Sec13 retary may grant or convey to the City of 

14 Pascagoula a right of way or easement if the Sec15 retary determines such grant or conveyance is in the 

16 best interest of the Administration and the Federal 

17 Government. 

Æ 


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