[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6159 Referred in Senate (RFS)]
2d Session
H. R. 6159
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23 (legislative day, September 17), 2008
Received
October 2 (legislative day, September 17), 2008
Read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
AN ACT
To provide for a land exchange involving certain National Forest System
lands in the Mendocino National Forest in the State of California, 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. SHORT TITLE.
This Act may be cited as the ``Deafy Glade Land Exchange Act''.
SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA.
(a) Land Exchange Required.--If Solano County, California (in this
section referred to as the ``County'') conveys to the Secretary of
Agriculture all right, title, and interest of the County in and to four
parcels of land consisting of a total of approximately 160 acres
identified on the map entitled ``Fouts Springs-Deafy Glade Federal and
Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey
to the County, in exchange, all right, title, and interest of the
United States in and to the parcel of land in the Mendocino National
Forest in the State of California (including any improvements on the
land) comprising approximately 82 acres and known as the Fouts Springs
Ranch, as also depicted on the map.
(b) Availability of Map.--The map referred to in subsection (a)
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service. With the agreement of the County, the
Secretary may make technical corrections to the map and the legal
descriptions of the land to be exchanged under this section.
(c) Land Exchange Process.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange under this section.
(d) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be exchanged under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The costs of the
survey and any administrative costs related to the land exchange shall
be borne by the County.
(e) Condition on Use of Conveyed Land.--As a condition of the
conveyance to the County under subsection (a), the County shall agree
to continue to use the land acquired by the County under such
subsection for purposes consistent with the purposes listed in the
special use authorization for the Fouts Springs Ranch in effect as of
the date of the enactment of this Act.
(f) Easement Authority.--The Secretary may grant an easement to
provide continued access to, and maintenance and use of, the facilities
covered by the special use authorization referred to in subsection (e)
as necessary for the continued operation of the Fouts Springs Ranch
conveyed under subsection (a).
(g) Management of Acquired Land.--The lands acquired by the
Secretary under subsection (a) shall be added to and administered as
part of the Mendocino National Forest and managed in accordance with
the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C.
480 et seq.) and the laws and regulations applicable to the National
Forest System.
(h) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to such additional terms and conditions
as the Secretary and the County may agree upon.
SEC. 3. 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
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.
Passed the House of Representatives September 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.