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.
PL 110-393 (H.R.5350), enacted 10/13/2008

122 STAT. 4203 
PUBLIC LAW 110–393—OCT. 13, 2008 
Public Law 110–393 
110th Congress 
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 adminis-
trative 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, Nor-
folk, Virginia, consisting of approximately 3.78 acres, if the Sec-
retary— 
(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 Appropria-
tions of the Senate. 
(b) CONSIDERATION.— 
(1) IN GENERAL.—For any conveyance under this section 
the Secretary shall require the City of Norfolk to provide consid-
eration 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 
Notification. 
Oct. 13, 2008 
[H.R. 5350] 
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122 STAT. 4204 
PUBLIC LAW 110–393—OCT. 13, 2008 
LEGISLATIVE HISTORY—H.R. 5350: 
HOUSE REPORTS: No. 110–822, Pt. 1 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 15, 17, considered and passed House. 
Sept. 26, considered and passed Senate, amended. 
Sept. 29, House concurred in Senate amendment. 
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 appropria-
tion, for— 
(1) activities related to the operations of, or capital improve-
ments, 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. Notwith-
standing 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. 
Approved October 13, 2008. 
Real property. 
Alabama. 
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