[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2129 Reference Change Senate (RCS)]

111th CONGRESS
  1st Session
                                S. 2129

 To authorize the Administrator of General Services to convey a parcel 
    of real property in the District of Columbia to provide for the 
          establishment of a National Women's History Museum.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

 Ms. Collins (for herself, Mr. Lieberman, Mr. Grassley, Ms. Mikulski, 
Mrs. Boxer, Mrs. Feinstein, Mrs. Murray, Ms. Snowe, Ms. Landrieu, Mrs. 
Lincoln, Mr. Voinovich, Ms. Cantwell, Ms. Stabenow, Ms. Murkowski, Mr. 
Pryor, Mrs. McCaskill, Ms. Klobuchar, Mrs. Gillibrand, Mrs. Hagan, Mrs. 
Shaheen, and Mr. Begich) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                            December 4, 2009

  Committee discharged; referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of General Services to convey a parcel 
    of real property in the District of Columbia to provide for the 
          establishment of a National Women's History Museum.

    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 ``National Women's History Museum Act 
of 2009''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (3) Committees.--The term ``Committees'' means the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
            (4) Museum.--The term ``Museum'' means the National Women's 
        History Museum, Inc., a District of Columbia nonprofit 
        corporation exempt from taxation pursuant to section 501(c)(3) 
        of the Internal Revenue Code of 1986.
            (5) Property.--The term ``Property'' means the property 
        located in the District of Columbia, subject to survey and as 
        determined by the Administrator, generally consisting of 
        Squares 325 and 326. The Property is generally bounded by 12th 
        Street, Independence Avenue, C Street, and the James Forrestal 
        Building, all in Southwest Washington, District of Columbia, 
        and shall include all associated air rights, improvements 
        thereon, and appurtenances thereto.

SEC. 3. CONVEYANCE OF PROPERTY.

    (a) Authority To Convey.--
            (1) In general.--Subject to the requirements of this Act, 
        the Administrator shall convey the Property to the Museum, on 
        such terms and conditions as the Administrator considers 
        reasonable and appropriate to protect the interests of the 
        United States and further the purposes of this Act.
            (2) Agreement.--As soon as practicable, but not later than 
        180 days after the date of enactment of this Act, the 
        Administrator shall enter into an agreement with the Museum for 
        the conveyance.
            (3) Terms and conditions.--The terms and conditions of the 
        agreement shall address, among other things, mitigation of 
        developmental impacts to existing Federal buildings and 
        structures, security concerns, and operational protocols for 
        development and use of the property.
    (b) Purchase Price.--
            (1) In general.--The purchase price for the Property shall 
        be its fair market value based on its highest and best use as 
        determined by an independent appraisal commissioned by the 
        Administrator and paid for by the Museum.
            (2) Selection of appraiser.--The appraisal shall be 
        performed by an appraiser mutually acceptable to the 
        Administrator and the Museum.
            (3) Terms and conditions for appraisal.--
                    (A) In general.--Except as provided by subparagraph 
                (B), the assumptions, scope of work, and other terms 
                and conditions related to the appraisal assignment 
                shall be mutually acceptable to the Administrator and 
                the Museum.
                    (B) Required terms.--The appraisal shall assume 
                that the Property does not contain hazardous substances 
                (as defined in section 101 of CERCLA (42 U.S.C. 9601)) 
                which require response action (as defined in such 
                section).
    (c) Application of Proceeds.--The purchase price shall be paid into 
the Federal Buildings Fund established under section 592 of title 40, 
United States Code. Upon deposit, the Administrator may expend, in 
amounts specified in appropriations Acts, the proceeds from the 
conveyance for any lawful purpose consistent with existing authorities 
granted to the Administrator; except that the Administrator shall 
provide the Committees with 30 days advance written notice of any 
expenditure of the proceeds.
    (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a 
quit claim deed.
    (e) Use Restriction.--The Property shall be dedicated for use as a 
site for a national women's history museum for the 99-year period 
beginning on the date of conveyance to the Museum.
    (f) Reversion.--
            (1) Bases for reversion.--The Property shall revert to the 
        United States, at the option of the United States, without any 
        obligation for repayment by the United States of any amount of 
        the purchase price for the property, if--
                    (A) the Property is not used as a site for a 
                national women's history museum at any time during the 
                99-year period referred to in subsection (e); or
                    (B) the Museum has not commenced construction of a 
                museum facility on the Property in the 5-year period 
                beginning on the date of enactment of this Act, other 
                than for reasons beyond the control of the Museum as 
                reasonably determined by the Administrator.
            (2) Enforcement.--The Administrator may perform any acts 
        necessary to enforce the reversionary rights provided in this 
        section.
            (3) Custody of property upon reversion.--If the Property 
        reverts to the United States pursuant to this section, such 
        property shall be under the custody and control of the 
        Administrator.
    (g) Closing.--The conveyance pursuant to this Act shall occur not 
later than 3 years after the date of enactment of this Act. The 
Administrator may extend that period for such time as is reasonably 
necessary for the Museum to perform its obligations under section 4(a).

SEC. 4. ENVIRONMENTAL MATTERS.

    (a) Authorization to Contract for Environmental Response Actions.--
The Administrator is authorized to contract, in an amount not to exceed 
the purchase price for the Property, in the absence of appropriations 
and otherwise without regard to section 1341 of title 31, United States 
Code, with the Museum or an affiliate thereof for the performance (on 
behalf of the Administrator) of response actions (if any) required on 
the Property pursuant to CERCLA.
    (b) Crediting of Response Costs.--Any costs incurred by the Museum 
or an affiliate thereof pursuant to subsection (a) shall be credited to 
the purchase price for the Property.
    (c) Relationship to CERCLA.--Nothing in this Act may be construed 
to affect or limit the application of or obligation to comply with any 
environmental law, including section 120(b) of CERCLA (42 U.S.C. 
9620(b)).

SEC. 5. INCIDENTAL COSTS.

    Subject to section 4, the Museum shall bear any and all costs 
associated with complying with the provisions of this Act, including 
studies and reports, surveys, relocating tenants, and mitigating 
impacts to existing Federal buildings and structures resulting directly 
from the development of the property by the Museum.

SEC. 6. LAND USE APPROVALS.

    (a) Existing Authorities.--Nothing in this Act shall be construed 
as limiting or affecting the authority or responsibilities of the 
National Capital Planning Commission or the Commission of Fine Arts.
    (b) Cooperation.--
            (1) Zoning and land use.--Subject to paragraph (2), the 
        Administrator shall reasonably cooperate with the Museum with 
        respect to any zoning or other land use matter relating to 
        development of the Property in accordance with this Act. Such 
        cooperation shall include consenting to applications by the 
        Museum for applicable zoning and permitting with respect to the 
        property.
            (2) Limitations.--The Administrator shall not be required 
        to incur any costs with respect to cooperation under this 
        subsection and any consent provided under this subsection shall 
        be premised on the property being developed and operated in 
        accordance with this Act.

SEC. 7. REPORTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter until the end of the 5-year period following 
conveyance of the Property or until substantial completion of the 
museum facility (whichever is later), the Museum shall submit annual 
reports to the Administrator and the Committees detailing the 
development and construction activities of the Museum with respect to 
this Act.
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