[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3448 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3448
To authorize and direct the Secretary of the Department of Commerce to
acquire a professional services building and property adjacent to the
Department of Commerce's Boulder research campus.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2005
Mr. Udall of Colorado introduced the following bill; which was referred
to the Committee on Science
_______________________________________________________________________
A BILL
To authorize and direct the Secretary of the Department of Commerce to
acquire a professional services building and property adjacent to the
Department of Commerce's Boulder research campus.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Oak Park Medical
Center Property Acquisition''.
(b) Findings.--Congress finds the following:
(1) The Department of Commerce owns and operates about 205
acres of property located in Boulder, Colorado (Boulder Campus
of the Department). At this site are facilities and
laboratories where employees of the National Institute of
Standards and Technology (``NIST''), the National Oceanic and
Atmospheric Administration (``NOAA''), and the National
Telecommunications and Information Administration (``NTIA''),
conduct research.
(2) In reviewing its security procedures and facilities at
the site, the Department determined that--
(A) the main site entrance should be moved to a
more central location (Rayleigh Road and Broadway
intersection); and
(B) a perimeter security fence should be
constructed to enhance security.
(3) As a result of moving this site entrance and the
proposed perimeter fence, the Department will have to close the
current access road to the Boulder Campus.
(4) A parcel of land comprising about one acre, and
contiguous to the Boulder Campus on its northern boundary line,
is owned by Mr. Bruce Tenenbaum. Such parcel includes a 6,000
square foot medical facility, commonly known as ``Oak Park
Medical Center'' (referred to in this Act as the ``Center''),
at which a number of out-patient medical services are provided
and available to the public. Ingress and egress for the Center
is only available from the main entrance that is currently used
to access the Boulder Campus. As a result, the Department
through NIST entered into an easement agreement with Mr.
Tenenbaum to provide continued access for ingress and egress to
the Center.
(5) Upon the actual construction of the perimeter security
fence and the resulting relocation of the main access to the
Boulder Campus, NIST is obligated, pursuant to an access
easement with the owner of the Center, to provide alternative
and equivalent access in order to maintain ingress and egress
to the Center. Various alternatives have been explored to
provide such access.
(6) Given the costs associated with the access road
relocation alternatives, the security concerns regarding such
alternatives, and the safety of patients requiring access from
Broadway Avenue to the Center, NIST, the owner and the Center's
medical tenants have not reached agreement with respect to
alternative and equivalent access to the Center.
(7) Given the continued impasse, the most amenable course
of action would be for the Government to purchase the Center
and merge the real property comprising the Center into the
Boulder Campus.
(c) Purpose.--The purpose of this Act is to authorize and direct
the Department to purchase the Center contiguous to the Boulder Campus
and for other purposes.
SEC. 2. AUTHORIZATION TO PURCHASE.
(a) In General.--The Secretary of Commerce, on behalf of the United
States, is hereby authorized and directed to acquire the approximately
one acre of land and improvements thereon known as the Oak Park Medical
Center (Center) contiguous to the northeast boundary of the Department
of Commerce's Boulder campus in Boulder, Colorado, and shown on the map
entitled ``Oak Park Medical Center'' dated July, 2005.
(b) Appraisal.--To determine the fair market value of the land and
improvements identified in subsection (a) as of July 1, 2005, the
Secretary of Commerce shall use appraisals performed in accordance with
the Uniform Appraisal Standards for Federal Land Acquisitions (December
20, 2000) and the Uniform Standards of Professional Appraisal Practice.
(c) Sale Price, Timing and Condemnation.--
(1) Price.--The Secretary of Commerce is authorized to
negotiate with the owner of the Center as identified in
subsection (a) regarding the acquisition price following the
appraisal in subsection (b), except that the Secretary may not
acquire such property for more than the fair market value as
determined by the appraisal.
(2) Timing and condemnation.--If the Secretary of Commerce
and the owner of the Center fail to reach agreement on the sale
price within 3 years after the completion of the appraisal in
subsection (b), the Secretary of Commerce is authorized and
directed to initiate condemnation proceedings to acquire the
Center.
(d) Incorporation, Management, and Status of Acquired Lands and
Improvements.--Land and improvements acquired by the United States in
section (a) shall become part of the Department's administrative and
research activities at its Boulder Campus and the exterior boundary of
such campus is hereby modified, without further action by the
Secretary, as necessary to incorporate the non-Federal lands comprising
the Center identified in subsection (a). Upon its acquisition, lands or
interests in land acquired under the authority of this Act shall be
administered in accordance with the laws, rules and regulations
generally applicable to lands used by the Department of Commerce as
part of its Boulder Campus.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Commerce.
(2) NIST.--The term ``NIST'' means the National Institute
of Standards and Technology.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications Information Administration.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
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