[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5498 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5498

 To convey to the Board of Trustees of the California State University 
  the balance of the National Oceanic and Atmospheric Administration 
     property known as the Tiburon Laboratory, located in Tiburon, 
                              California.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2002

     Ms. Woolsey (for herself and Mr. George Miller of California) 
 introduced the following bill; which was referred to the Committee on 
                                Science

_______________________________________________________________________

                                 A BILL


 
 To convey to the Board of Trustees of the California State University 
  the balance of the National Oceanic and Atmospheric Administration 
     property known as the Tiburon Laboratory, located in Tiburon, 
                              California.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALIFORNIA.

    (a) In General.--Except as provided in subsection (c), the 
Secretary of Commerce shall convey to the Board of Trustees of the 
California State University, by suitable instrument, in accordance with 
this section, by as soon as practicable, but not later than 120 days 
after the date of the enactment of this Act, and without consideration, 
all right, title, and interest of the United States in the balance of 
the National Oceanic and Atmospheric Administration property known as 
the Tiburon Laboratory, located in Tiburon, California, as described in 
Exhibit A of the notarized, revocable license between the 
Administration and Romberg Tiburon Center for Environmental Studies at 
San Francisco State University dated November 5, 2001 (license number 
01ABF779-N).
    (b) Conditions.--As a condition of any conveyance by the Secretary 
under this section the Secretary shall require the following:
            (1) The property conveyed shall be administered by the 
        Romberg Tiburon Center for Environmental Studies at San 
        Francisco State University and used only for the following 
        purposes:
                    (A) To enhance estuarine scientific research and 
                estuary restoration activities within San Francisco 
                Bay.
                    (B) To administer and coordinate management 
                activities at the San Francisco Bay National Estuarine 
                Research Reserve.
                    (C) To conduct education and interpretation and 
                outreach activities to enhance public awareness and 
                appreciation of estuary resources, and for other 
                purposes.
            (2) The Board shall--
                    (A) take title to the property as is;
                    (B) assume full responsibility for all facility 
                maintenance and repair, security, fire prevention, 
                utilities, signs, and grounds maintenance;
                    (C) allow the Secretary to have all necessary 
                ingress and egress over the property of the Board to 
                access Department of Commerce building and related 
                facilities, equipment, improvements, modifications, and 
                alterations; and
                    (D) not erect or allow to be erected any structure 
                or structures or obstruction of whatever kind that will 
                interfere with the access to or operation of property 
                retained for the United States under subsection (c)(1), 
                unless prior written consent has been provided by the 
                Secretary to the Board.
    (c) Retained Interests.--The Secretary shall retain for the United 
States--
            (1) all right, title, and interest in and to the portion of 
        the property referred to in subsection (a) comprising Building 
        86, identified as Parcel C on Exhibit A of the license referred 
        to in subsection (a), including all facilities, equipment, 
        fixtures, improvements, modifications, or alterations made by 
        the Secretary;
            (2) rights-of-way that are determined by the Secretary to 
        be reasonable and convenient to ensure all necessary ingress 
        and egress for Federal personnel or contractors to access the 
        property retained under paragraph (1), including access to the 
        existing boat launch ramp (or equivalent) and parking that is 
        suitable to the Secretary;
            (3) the exclusive right to install, maintain, repair, 
        replace, and remove its facilities, fixtures, and equipment on 
        the retained property, and to authorize other persons to take 
        any such action;
            (4) the right to grade, condition, and install drainage 
        facilities, and to seed soil on the retained property, if 
        necessary; and
            (5) the right to remove all obstructions from the retained 
        property that may constitute a hindrance to the establishment 
        and maintenance of the retained property.
    (d) Equivalent Alternative.--
            (1) In general.--At any time, either the Secretary or the 
        Board may request of each other to enter into negotiations 
        pursuant to which the Board may convey if appropriate to the 
        United States, in exchange for property conveyed by the United 
        States under subsection (a), another building that is 
        equivalent to the property retained under subsection (c) that 
        is acceptable to the Secretary.
            (2) Location.--Property conveyed by the Board under this 
        subsection is not required to be located on the property 
        referred to in subsection (a).
            (3) Costs.--If the Secretary and the Board engage in a 
        property exchange under this subsection, all costs for repair, 
        removal, and moving of facilities, equipment, fixtures, 
        improvements, modifications, or alterations, including power, 
        control, and utilities, that are necessary for the exchange--
                    (A) shall be the responsibility of the Secretary, 
                if the action to seek an equivalent alternative was 
                requested by the Secretary in response to factors 
                unrelated to the activities of the Board or its 
                operatives in the operation of its facilities; or
                    (B) shall be the responsibility of the Board, if 
                the Secretary's request for an equivalent alternative 
                was in response to changes or modifications made by the 
                Board or its operatives that adversely affected the 
                Secretary's interest in the property retained under 
                subsection (c).
    (e) Additional Conditions.--As conditions of any conveyance under 
subsection (a)--
            (1) the Secretary shall require that--
                    (A) the Board remediate, or have remediated, at its 
                sole cost, all hazardous or toxic substance 
                contamination found on the property conveyed under 
                subsection (a), whether known or unknown at the time of 
                the conveyance or later discovered; and
                    (B) the Board of Trustees hold harmless the 
                Secretary for any and all costs, liabilities, or claims 
                by third parties that arise out of any hazardous or 
                toxic substance contamination found on the property 
                conveyed under subsection (a) that are not directly 
                attributable to the installation, operation, or 
                maintenance of the Secretary's facilities, equipment, 
                fixtures, improvements, modifications, or alterations;
            (2) the Secretary shall remediate, at the sole cost of the 
        United States, all hazardous or toxic substance contamination 
        on the property retained under subsection (c) that is found to 
        have occurred as a direct result of the installation, 
        operation, or maintenance of the Secretary's facilities, 
        equipment, fixtures, improvements, modifications, or 
        alterations; and
            (3) if the Secretary decides to terminate future occupancy 
        and interest of the property retained under subsection (c), the 
        Secretary shall--
                    (A) provide written notice to the Board at least 60 
                days prior to the scheduled date when the property will 
                be vacated;
                    (B) remove facilities, equipment, fixtures, 
                improvements, modifications, or alterations and restore 
                the property to as good a condition as existed at the 
                time the property was retained under subsection (c), 
                taking into account ordinary wear and tear and exposure 
                to natural elements or phenomena; or
                    (C) surrender all facilities, equipment, fixtures, 
                improvements, modifications, or alterations to the 
                Board in lieu of restoration, whereupon title shall 
                vest in the Board of Trustees, and whereby all 
                obligations of restoration under this subsection shall 
                be waived, and all interests retained under subsection 
                (c) shall be revoked.
    (f) Reversionary Interest.--
            (1) In general.--All right, title, and interest in and to 
        all property and interests conveyed by the United States under 
        this section shall revert to the United States on the date on 
        which the Board uses any of the property for any purpose other 
        than the purposes described in subsection (b)(1).
            (2) Administration of reverted property.--Any property that 
        reverts to the United States under this subsection shall be 
        under the administrative jurisdiction of the Administrator of 
        General Services.
    (g) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Board of Trustees 
        of the California State University.
            (2) Center.--The term ``Center'' means the Romberg Tiburon 
        Center for Environmental Studies at San Francisco State 
        University.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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