Sec. 11710. Conveyance of certain property of National Oceanic and Atmospheric Administration in Juneau, Alaska
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In this section: The term City means the City and Borough of Juneau, Alaska. The term Master Plan means the Juneau Small Cruise Ship Infrastructure Master Plan released by the Docks and Harbors Board and Port of Juneau for the City and dated March 2021. The term Property means the parcel of real property consisting of approximately 2.4 acres, including tidelands, owned by the United States and under administrative custody and control of the National Oceanic and Atmospheric Administration and located at 250 Egan Drive, Juneau, Alaska, including any improvements thereon that are not authorized or required by another provision of law to be conveyed to a specific individual or entity.
The term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. The Secretary may convey, at fair market value, all right, title, and interest of the United States in and to the Property, subject to the restrictions in subsections (b)(2) and
(c)and the requirements of this section. The Secretary may not take action under this section until the Commandant notifies the Secretary in writing that the Coast Guard does not have an interest in acquiring the property, or a period of 180 calendar days expires following the date of enactment of this section. If, the Secretary has not received notification under paragraph
(2)at the end of the 180 calendar day period, the Secretary and the Commandant shall notify the Committee on Transportation and Infrastructure 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 in writing that no notification has been received. The authority provided under paragraph
(1)shall terminate on the date that is 3 years after the date of the enactment of this Act. If not later than 180 calendar days after the date of enactment of this Act the Commandant notifies the Secretary that the Coast Guard has an interest in the Property, the Secretary shall transfer the Property to the Coast Guard. Any transfer performed pursuant to this subsection shall— occur not later than 1 year of any written notification required under paragraph (1); include within the transfer from the Department of Commerce to the Coast Guard all legal obligations attached to ownership or administrative control of the Property, interest therein, or improvements thereto, including environmental compliance and restoration liabilities and historical preservation liabilities and responsibilities; be at no cost to the Department of Commerce, to include all land survey costs; not affect or limit any remaining real property interests held by the Department of Commerce on any real property subject to such transfer; and be accompanied by a memorandum of agreement between the Coast Guard and the Department of Commerce to require the Commandant to allow— future access to, and use of, the Property, including use of available pier space, to accommodate the reasonable expectations of the Secretary for future operational and logistical needs in southeast Alaska; and continued access to, and use of, existing facilities on the Property, including a warehouse and machine shop, unless the Commandant determines that the Property on which the facilities are located is needed to support polar operations, at which time the Coast Guard shall provide the Department of Commerce access to and use of comparable space in reasonable proximity to the existing facilities. If the Coast Guard does not transfer the Property under subsection (c), the City shall have the right of first refusal with respect to the purchase, at fair market value, of the Property. The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary. If the Property is conveyed under subsection (b)(1), the Property shall be conveyed— in an as is, where is condition; and via a quitclaim deed. The fair market value of the Property shall be— determined by an appraisal that— is conducted by an independent appraiser selected by the Secretary; and meets the requirements of paragraph (2); and adjusted, at the Secretary's discretion, based on the factors described in paragraph (3). An appraisal conducted under paragraph (1)(A) shall be conducted in accordance with nationally recognized appraisal standards, including the Uniform Standards of Professional Appraisal Practice. The factors described in this paragraph are— matters of equity and fairness; actions taken by the City regarding the Property, if the City exercises the right of first refusal under subsection (d), including— comprehensive waterfront planning, site development, and other redevelopment activities supported by the City in proximity to the Property in furtherance of the Master Plan; in-kind contributions made to facilitate and support use of the Property by governmental agencies; and any maintenance expenses, capital improvement, or emergency expenditures made necessary to ensure public safety and access to and from the Property; and such other factors as the Secretary considers appropriate. If the City exercises the right of first refusal under subsection (d), all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Property to the City under this section may be shared equitably by the Secretary and the City, as determined by the Secretary, including with the City providing in-kind contributions for any or all of such costs. Any proceeds from a conveyance of the Property under subsection (b)(1) shall— be credited as discretionary offsetting collections to the applicable appropriations accounts or funds of the National Oceanic and Atmospheric Administration that exists as of the date of enactment of this Act; and be used to cover costs associated with the conveyance of the Property, related relocation efforts, and other facility and infrastructure projects in Alaska and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts. If the City exercises the right of first refusal under subsection (d), before finalizing a conveyance to the City under this section, the Secretary and the City shall enter into a memorandum of agreement to establish the terms under which the Secretary shall have future access to, and use of, the Property to accommodate the reasonable expectations of the Secretary for future operational and logistical needs in southeast Alaska. The conveyance authorized under subsection (b)(1) shall be subject to a reservation providing, or an easement granting, the Secretary, at no cost to the United States, a right to access and use the Property that— is compatible with the Master Plan; and authorizes future operational access and use by other Federal, State, and local government agencies that have customarily used the Property. In the event that the Property is conveyed to the City of Juneau the following shall apply: An individual or entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out on or after the date and time of the conveyance of the Property. The United States shall remain responsible for any liability the United States incurred with respect to activities carried out by the United States on the Property before the date and time of the conveyance of the Property. The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate and reasonable to protect the interests of the United States. Nothing in this section shall be construed to affect or limit the application of or obligation to comply with any applicable environmental law, including— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ). A conveyance under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ).
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Sec. 11710
Conveyance of certain property of National Oceanic and Atmospheric Administration in Juneau, Alaska
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