Sec. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA
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## SEC. 5945 TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA Section 1 of Public Law 110-393is amended to read as follows: > > ## “SEC. 1 TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA > > > ### “(a) In General > > The Secretary shall convey all right, title, and interest of the United States in and to the Norfolk Property to the City, to be used by the City for the purposes of flood management and control, such that— > > > #### “(1) > > the property described in subsection (k)(3)(A) shall be conveyed to the City not later than 90 days after the date of the enactment of this section; and > > > #### “(2) > > the property described in subsection (k)(3)(B) shall be conveyed to the City not later than the earlier of— > > > ##### “(A) > > the date on which the Secretary has transferred all of the employees of the Administration from the facilities at the Norfolk Property; or > > > ##### “(B) > > 8 years after the date of the enactment of this section. > > > ### “(b) Consideration > > > #### “(1) In general > > As consideration for the conveyance of the Norfolk Property, the City shall pay to the United States an amount equal to not less than the fair market value of the Norfolk Property, as determined by the Secretary, based on the appraisal described in subsection (g), which may consist of cash payment, in-kind consideration as described in paragraph (3), or a combination thereof. > > > #### “(2) Sufficiency of consideration > > > ##### “(A) In general > > Consideration paid to the Secretary under paragraph
(1)must be sufficient, as determined by the Secretary, to provide replacement space for and relocation of any personnel, furniture, fixtures, equipment, and personal property of any kind belonging to the Administration and located upon the Norfolk Property. > > > ##### “(B) Completion prior to conveyance > > Any cash consideration must be paid in full and any in-kind consideration must be complete, useable, and delivered to the satisfaction of the Secretary at or prior to the time of the conveyance of the Norfolk Property. > > > #### “(3) In-kind consideration > > In-kind consideration paid by the City under paragraph
(1)may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure with proximity to the Norfolk Property that the Secretary considers acceptable. > > > #### “(4) Treatment of cash consideration received > > Any cash consideration received by the United States under paragraph
(1)shall be deposited in the special account in the Treasury under subparagraph
(A)of section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. > > > ### “(c) Costs of Conveyance > > All reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Norfolk Property to the City under this section may be shared equitably by the Secretary and the City, as determined by the Secretary, including by the City providing in-kind contributions for any or all of such costs. > > > ### “(d) Proceeds > > Any proceeds from a conveyance of the Norfolk Property under this section shall— > > > #### “(1) > > be credited as discretionary offsetting collections to the currently applicable appropriations accounts, or funds of the Administration; or > > > #### “(2) > > cover costs associated with the conveyance of the Norfolk Property and related relocation efforts, and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts. > > > ### “(e) Survey > > The exact acreage and legal description of the Norfolk Property shall be determined by a survey or surveys satisfactory to the Secretary. > > > ### “(f) Condition; Quitclaim Deed > > The Norfolk Property shall be conveyed— > > > #### “(1) > > in an ‘as is, where is’ condition; and > > > #### “(2) > > via a quitclaim deed. > > > ### “(g) Fair Market Value > > > #### “(1) In general > > The fair market value of the Norfolk Property shall be— > > > ##### “(A) > > determined by an appraisal that— > > > ###### “(i) > > is conducted by an independent appraiser selected by the Secretary; and > > > ###### “(ii) > > meets the requirements of paragraph (2); and > > > ##### “(B) > > adjusted, at the discretion of the Secretary, based on the factors described in paragraph (3). > > > #### “(2) Appraisal requirements > > 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. > > > #### “(3) Factors > > The factors described in this paragraph are— > > > ##### “(A) > > matters of equity and fairness; > > > ##### “(B) > > actions taken by the City regarding the Norfolk Property, including— > > > ###### “(i) > > comprehensive waterfront planning, site development, and other redevelopment activities supported by the City in proximity to the Norfolk Property in furtherance of the flood management and control efforts of the City; > > > ###### “(ii) > > in-kind contributions made to facilitate and support use of the Norfolk Property by governmental agencies; and > > > ###### “(iii) > > maintenance expenses, capital improvements, or emergency expenditures necessary to ensure public safety and access to and from the Norfolk Property; and > > > ##### “(C) > > such other factors as the Secretary determines appropriate. > > > ### “(h) Compliance With Comprehensive Environmental Response, Compensation, and Liability Act of 1980 > > In carrying out this section, the Secretary shall comply with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). > > > ### “(i) Additional Terms and Conditions > > The Secretary may require such additional terms and conditions in connection with the conveyance of the Norfolk Property as the Secretary determines appropriate to protect the interests of the United States. > > > ### “(j) Termination > > Notwithstanding any other provision of law, the Secretary, acting through the Under Secretary and Administrator of the Administration, 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 the Administration 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. The Administration may enter into agreements with State, local, or county governments for purposes of joint use, operations, and occupancy of such facility. > > > ### “(k) Definitions > > In this section: > > > #### “(1) Administration > > The term ‘Administration’ means the National Oceanic and Atmospheric Administration. > > > #### “(2) City > > The term ‘City’ means the City of Norfolk, Virginia. > > > #### “(3) Norfolk property > > The term ‘Norfolk Property’ means— > > > ##### “(A) > > the real property under the administrative jurisdiction of the Administration, including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres; and > > > ##### “(B) > > the real property under the administrative jurisdiction of the Administration, including land and improvements thereon, located at 439 W. York Street, Norfolk, Virginia, consisting of approximately 2.5231 acres. > > > #### “(4) Secretary > > The term ‘Secretary’ means the Secretary of Commerce.” > .
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Sec. 5945
TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA
Pub. L.Pub. L. 110-393
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