II Calendar No. 445 111th CONGRESS 2d Session S. 2129 [Report No. 111–216] 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, Mr. Begich, Mr. Akaka, and Mr. Cardin) 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 June 28, 2010 Reported by Mrs. Boxer, with amendments Omit the part struck through and insert the part printed in italic 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.

1.

Short title

This Act may be cited as the National Women’s History Museum Act of 2009.

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.

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).

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 CERCLAon the Property. (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)). (c)

No effect on compliance With environmental laws

Nothing in this Act, or any amendment made by this Act, affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of CERCLA (42 U.S.C. 9620(h)).

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.

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.

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.

June 28, 2010 Reported with amendments