IN THE SENATE OF THE UNITED STATES
November 15, 2011
Mr. Boozman introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
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 and direct the Administrator of General Services to transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, in the District of Columbia, to the National Gallery of Art, and for other purposes.
This Act may be cited as the
National Women’s History Museum and
Federal Facilities Consolidation and Efficiency Act of
National Women’s History Museum
This title may be cited
National Women’s History Museum
Act of 2011.
In this title, the following definitions apply:
The term Administrator means the Administrator of General Services.
The term CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
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.
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.
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 and a portion of Square 351. 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.
Conveyance of property
Authority to convey
Subject to the requirements of this title, 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 title.
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.
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.
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.
Selection of appraiser
The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum.
Terms and conditions for appraisal
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.
The appraisal shall assume that the Property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) or any other hazardous waste or pollutant that requires a response action or corrective action under any applicable environmental law.
Application of proceeds
The purchase price shall be paid into an account in the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the proceeds from the conveyance may only be expended subject to a specific future appropriation.
Quit claim deed
The Property shall be conveyed pursuant to a quit claim deed.
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.
No Federal funds shall be made available—
to the Museum for—
the purchase of the Property; or
the design and construction of any facility on the Property; or
by the Museum or any affiliate of the Museum as a credit pursuant to section 104(b).
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—
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
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.
The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section.
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.
The conveyance pursuant to this title 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 104(a).
Authorization To contract for environmental response actions
In fulfilling the responsibility of the Administrator to address contamination on the Property, the Administrator may contract with the Museum or an affiliate of the Museum for the performance (on behalf of the Administrator) of response actions on the Property.
Crediting of response costs
Any costs incurred by the Museum or an affiliate of the Museum using non-Federal funding pursuant to subsection (a) shall be credited to the purchase price for the Property.
A credit under paragraph (1) shall not exceed the purchase price of the Property.
No effect on compliance with environmental laws
Nothing in this title, or any amendment made by this title, 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)).
Subject to section 104, the Museum shall bear any and all costs associated with complying with the provisions of this title, 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.
Land use approvals
Nothing in this title shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts.
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 title. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property.
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 title.
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 title.
Federal Trade Commission and the National Gallery of Art
This title may be cited
Federal Trade Commission and National Gallery of Art Facility
Consolidation, Savings, and Efficiency Act of 2011.
Notwithstanding any other provision of law and not later than December 31, 2012, the Administrator of General Services shall transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, District of Columbia, to the National Gallery of Art for the purpose of housing and exhibiting works of art and to carry out administrative functions and other activities related to the mission of the National Gallery of Art.
Remodeling, renovating, or reconstructing
The National Gallery of Art shall pay for the costs of remodeling, renovating, or reconstructing the building referred to in section 202.
No appropriated funds may be used for the initial costs for the remodeling, renovating, or reconstructing of the building referred to in section 202.
The National Gallery of Art may not use sale, lease, or exchange, including leaseback arrangements, for the purposes of remodeling, renovating, or reconstructing the building referred to in section 202.
Relocation of the Federal Trade Commission
Not later than the date specified in section 202, the Administrator of General Services shall relocate the Federal Trade Commission employees and operations housed in the building identified in such section to not more than 160,000 usable square feet of space in the southwest quadrant of the leased building known as Constitution Center located at 400 7th Street, Southwest in the District of Columbia.
Not later than 30 days following enactment of this Act, the Administrator of General Services and the Securities and Exchange Commission shall execute an agreement to assign or sublease the space (leased pursuant to a Letter Contract entered into by the Securities and Exchange Commission on July 28, 2010) as described in subsection (a), for the purposes of housing the Federal Trade Commission employees and operations relocating from the building located at 600 Pennsylvania Avenue, NW, District of Columbia, pursuant to subsection (a) of this section.
National Gallery of Art
Beginning on the date that the National Gallery of Art occupies the building referred to in section 202—
the building shall
be known and designated as the
North Building of the National Gallery of
any reference in a
law, map, regulation, document, paper, or other record of the United States to
the building shall be deemed to be a reference to the
North Building of
the National Gallery of Art.