National Health Museum Act of 2004 - Directs the Administrator of General Services to convey specified property in the District of Columbia as a site for a national health museum, under an agreement with the National Health Museum, Inc., including certain terms and conditions.
Provides for the Administrator's leasing of a certain portion of a building to be constructed by the Museum on such site, at a rent below prevailing market rates. Authorizes the Administrator to apply any or all of the proceeds from conveyance of the property toward rental charges incurred by the Federal Government under such lease.
Sets forth related provisions regarding environmental matters, incidental costs, and land use approvals.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5164 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5164
To provide a site for construction of a national health museum, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2004
Mr. LaTourette (for himself, Ms. Norton, Mr. Young of Alaska, and Mr.
Oberstar) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To provide a site for construction of a national health museum, and for
other purposes.
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 Health Museum Act of
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for a site to be used for
the construction and operation of a national health museum.
SEC. 3. 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 Health
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) Northern portion of the property.--The term ``northern
portion of the property'' means that portion of the property
which the Administrator and Museum deem appropriate for the
museum facility.
(6) 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, and the westerly portions of Squares 351
and 352, including the parcel and structure commonly known as
the ``Cotton Annex''. The property is generally bounded by 12th
Street, Independence Avenue, Maryland Avenue, the James
Forrestal Building, and L'Enfant Plaza, all in Southwest,
Washington, D.C., and shall include all associated air rights,
improvements thereon, and appurtenances thereto.
(7) Southern portion of the property.--The term ``southern
portion of the property'' means that portion of the property
other than the northern portion of the property.
SEC. 4. 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
60 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.
(4) Separate conveyance of northern and southern
portions.--Under the agreement, the Administrator shall convey
the northern portion of the property separately from and, if so
agreed by the Administrator and the Museum, at a different time
than the southern portion 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 following terms and
conditions shall apply to the appraisal:
(i) 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 remedial action (as
defined in such section).
(ii) The appraisal shall state a value for
the property as a whole as well as separate
values for the northern portion and southern
portion of the property, taking into
consideration the impact to value (if any)
resulting from a conveyance of less than the
entirety of the property.
(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 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.--
(1) In general.--The property shall be conveyed pursuant to
2 quit claim deeds (one for the northern portion and one for
the southern portion of the property), each of which shall
contain the covenants required by section 120(h) of CERCLA (42
U.S.C. 9620).
(2) Limitation on liability.--The United States shall not
be liable or responsible pursuant to paragraph (1) for any
additional remedial action--
(A) with respect to hazardous substances not
existing on the property as of the date of conveyance,
unless the presence of such hazardous substances on the
property was caused by the United States; or
(B) caused, required, or arising out of actions of
the Museum, its affiliate, any successor thereto, or
any of their respective agents, contractors, or
assigns.
(e) Use Restriction.--The northern portion of the property shall be
dedicated for use as a site for a national health museum for the 99-
year period beginning on date of conveyance of that portion to the
Museum.
(f) Reversion.--
(1) Bases for reversion.--The northern portion of the
property shall revert to the United States, without any
obligation for repayment by the United States of any amount of
the purchase price for the property, if --
(A) that portion is not used as a site for a
national health 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 that portion 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 any portion of
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.--
(1) Deadline.--The Administrator shall convey the northern
and southern portions of the property 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 6(a).
(2) Applicability of requirements.--The requirements of
this Act shall remain in full force and effect with respect to
any portion of the property conveyed before the deadline
established by paragraph (1) or any extension.
SEC. 5. OFFICE LEASE.
(a) Negotiation and Execution.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, the Administrator and the Museum (or its
affiliate) shall, within 60 days after entering into the
agreement described in section 4(a)(2), negotiate the terms and
conditions, consistent with this section, of a lease pursuant
to which the Administrator would lease approximately 250,000
square feet in a building to be constructed by the Museum on
the southern portion of the property.
(2) Timing.--The Administrator and Museum shall execute the
lease not later than the date of the conveyance of the southern
portion of the property.
(b) Rent.--
(1) Below market rate.--The effective rent charged to the
Administrator as part of the lease entered into under this
section shall be below prevailing market rates for similar
space in Southwest, Washington, D.C., as agreed to between the
Administrator and the Museum (or its affiliate).
(2) Authority to apply proceeds toward rent.--The
Administrator may apply any or all of the proceeds from
conveyance of the property toward the rental charges incurred
by the United States under the lease if the Administrator
otherwise complies with the notice requirement set forth in
section 4(c). Any such application of proceeds toward rent
shall not be considered in determining that the rent charged
under the lease is below prevailing market rates as required in
this section.
(c) Operating Lease.--The lease entered into under this section
shall be on terms and conditions that allow such lease to be scored as
an operating lease in accordance with guidance published by the Office
of Management and Budget.
(d) Condition to Conveyance.--The execution of the lease under this
section shall be a precondition to conveyance of the southern portion
of the property to the Museum.
SEC. 6. ENVIRONMENTAL MATTERS.
(a) Liabilities and Responsibilities.--The agreement entered into
under section 4(a)(2) shall provide that the Museum will conduct any
environmental remediation activity with respect to the property, and
bear the costs of any such activity, except as otherwise provided by
section 4(d) and subsection (b) of this section.
(b) Crediting of Remediation Costs.--Any costs of environmental
remediation activities referred to in subsection (a) shall be credited
to the purchase price for the property up to an amount not greater than
the purchase price for the property.
(c) Scope of Remediation Activities.--The scope of any required
environmental remediation activity with respect to the property shall
be as required by section 120 of CERCLA (42 U.S.C. 9620).
SEC. 7. INCIDENTAL COSTS.
(a) Responsibilities.--Except as otherwise specifically provided by
this Act, 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.
(b) Relocation of Existing Tenants.--The costs of relocating
existing tenants (including the costs of related studies), shall be
paid by the Museum up to an amount to be agreed upon by the
Administrator and Museum in the agreement entered into under section
4(a)(2), and any costs in excess of such agreed upon amount shall be
credited to the purchase price for the property upon the closing on the
portion of the property first conveyed.
SEC. 8. 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. 9. REPORTS.
Not later than one 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Ordered to be Reported by Voice Vote.
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