H. R. 5350 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

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. 

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 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 
H. R. 5350—2 

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. 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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.