[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.
                                 <all>