Sec. 711. Conveyance of certain property of the 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 subsection
(c)and the requirements of this section. The authority provided by paragraph
(1)shall terminate on the date that is 3 years after the date of the enactment of this Act. 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 this section, 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 Appraisal Standards for Federal Land Acquisitions; and 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 its right of first refusal under subsection (c), 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 its right of first refusal under subsection (c), 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. Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, any proceeds from a conveyance of the Property under this section shall— be deposited in an account or accounts of the National Oceanic and Atmospheric Administration that exists as of the date of the enactment of this Act; used to cover costs associated with the conveyance, related relocation efforts, and other facility and infrastructure projects in Alaska; and remain available until expended, without further appropriation. If the City exercises its right of first refusal under subsection (c), 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 this section 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. 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 the United States carried out 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 may 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. 711
Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska
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