II 

110TH CONGRESS 

2D SESSION H. R. 5350 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 

Received 

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. 

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. SALE OR EXCHANGE OF NOAA PROPERTY IN 

2 NORFOLK, VIRGINIA. 

3 (a) IN GENERAL.—The Secretary of Commerce may 

4 sell or exchange to the City of Norfolk, Virginia, in accord5 ance with chapter 13 of title 40, United States Code, real 

6 property under the administrative jurisdiction of the Na7 tional Oceanic and Atmospheric Administration (in this 

8 section referred to as ‘‘NOAA’’), including land and im9 provements thereon, located at 538 Front Street, Norfolk, 

10 Virginia, consisting of approximately 3.78 acres, if the 

11 Secretary— 

12 (1) determines that the conveyance is in the 

13 best interests of NOAA and the Federal Govern14 ment; and 

15 (2) has provided prior notification to the Com16 mittee on Natural Resources and the Committee on 

17 Appropriations of the House of Representatives and 

18 the Committee on Commerce, Science, and Trans19 portation and the Committee on Appropriations of 

20 the Senate. 

21 (b) CONSIDERATION.— 

22 (1) IN GENERAL.—For any conveyance under 

23 this section the Secretary shall require the City of 

24 Norfolk to provide consideration to the United 

25 States that is not less than the fair market value of 

26 the property conveyed by the United States. 


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1 (2) FORM.—Consideration under this sub2 section may include any combination of— 

3 (A) cash or cash equivalents; 

4 (B) other property (either real or per5 sonal); and 

6 (C) consideration in-kind, including— 

7 (i) provision of space, goods, or serv8 ices of benefit to NOAA including con9 struction, repair, remodeling, or other 

10 physical improvements of NOAA property; 

11 (ii) maintenance of NOAA property; 

12 (iii) provision of office, storage, or 

13 other useable space; or 

14 (iv) relocation services associated with 

15 conveyance of property under this section. 

16 (3) DETERMINATION OF FAIR MARKET

17 VALUE.—The Secretary shall determine fair market 

18 value for purposes of paragraph (1) based upon a 

19 highest- and best-use appraisal of the property con20 veyed under subsection (a) conducted in conform21 ance with the Uniform Appraisal Standards for Pro22 fessional Appraisal Practice. 

23 (c) USE OF PROCEEDS.—Amounts received under 

24 subsection (b)(2)(A) by the United States as proceeds of 


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1 any conveyance under this section shall be available to the 

2 Secretary, subject to appropriation, for— 

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

4 capital improvements, to NOAA property; or 

5 (2) relocation and other costs associated with 

6 the sale or exchange. 

7 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

8 Secretary may require such additional terms and condi9 tions in connection with the conveyance of property by the 

10 United States under subsection (a) as the Secretary con11 siders appropriate to protect the interest of the United 

12 States, including the recoupment of any profit the City 

13 of Norfolk may realize within three years after the date 

14 of conveyance to the City due to resale of the property 

15 (e) TERMINATION.—The authority granted to the 

16 Secretary under subsections (a) and (b) shall terminate 

17 at the end of the 24-month period beginning on the date 

18 of enactment of this Act if no contract for sale or exchange 

19 under subsection (a) has been entered into by the City 

20 of Norfolk and the United States. 

Passed the House of Representatives September 17, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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