I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oak Park Medical Center Property Acquisition’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) The Department of Commerce owns and op8 erates about 205 acres of property located in Boul-
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1 der, Colorado (Boulder Campus of the Department). 

2 At this site are facilities and laboratories where em3 ployees of the National Institute of Standards and 

4 Technology (‘‘NIST’’), the National Oceanic and At5 mospheric Administration (‘‘NOAA’’), and the Na6 tional Telecommunications and Information Admin7 istration (‘‘NTIA’’), conduct research. 

8 (2) In reviewing its security procedures and fa9 cilities at the site, the Department determined 

10 that— 

11 (A) the main site entrance should be 

12 moved to a more central location (Rayleigh 

13 Road and Broadway intersection); and 

14 (B) a perimeter security fence should be 

15 constructed to enhance security. 

16 (3) As a result of moving this site entrance and 

17 the proposed perimeter fence, the Department will 

18 have to close the current access road to the Boulder 

19 Campus. 

20 (4) A parcel of land comprising about one acre, 

21 and contiguous to the Boulder Campus on its north22 ern boundary line, is owned by Mr. Bruce 

23 Tenenbaum. Such parcel includes a 6,000 square 

24 foot medical facility, commonly known as ‘‘Oak Park 

25 Medical Center’’ (referred to in this Act as the 
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1 ‘‘Center’’), at which a number of out-patient medical 

2 services are provided and available to the public. In3 gress and egress for the Center is only available 

4 from the main entrance that is currently used to ac5 cess the Boulder Campus. As a result, the Depart6 ment through NIST entered into an easement agree7 ment with Mr. Tenenbaum to provide continued ac8 cess for ingress and egress to the Center. 

9 (5) Upon the actual construction of the perim10 eter security fence and the resulting relocation of the 

11 main access to the Boulder Campus, NIST is obli12 gated, pursuant to an access easement with the 

13 owner of the Center, to provide alternative and 

14 equivalent access in order to maintain ingress and 

15 egress to the Center. Various alternatives have been 

16 explored to provide such access. 

17 (6) Given the costs associated with the access 

18 road relocation alternatives, the security concerns re19 garding such alternatives, and the safety of patients 

20 requiring access from Broadway Avenue to the Cen21 ter, NIST, the owner and the Center’s medical ten22 ants have not reached agreement with respect to al23 ternative and equivalent access to the Center. 

24 (7) Given the continued impasse, the most ame25 nable course of action would be for the Government 
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1 to purchase the Center and merge the real property 

2 comprising the Center into the Boulder Campus. 

3 (c) PURPOSE.—The purpose of this Act is to author4 ize and direct the Department to purchase the Center con5 tiguous to the Boulder Campus and for other purposes. 

6 SEC. 2. AUTHORIZATION TO PURCHASE. 

7 (a) IN GENERAL.—The Secretary of Commerce, on 

8 behalf of the United States, is hereby authorized and di9 rected to acquire the approximately one acre of land and 

10 improvements thereon known as the Oak Park Medical 

11 Center (Center) contiguous to the northeast boundary of 

12 the Department of Commerce’s Boulder campus in Boul13 der, Colorado, and shown on the map entitled ‘‘Oak Park 

14 Medical Center’’ dated July, 2005. 

15 (b) APPRAISAL.—To determine the fair market value 

16 of the land and improvements identified in subsection (a) 

17 as of July 1, 2005, the Secretary of Commerce shall use 

18 appraisals performed in accordance with the Uniform Ap19 praisal Standards for Federal Land Acquisitions (Decem20 ber 20, 2000) and the Uniform Standards of Professional 

21 Appraisal Practice. 

22 (c) SALE PRICE, TIMING AND CONDEMNATION.— 

23 (1) PRICE.—The Secretary of Commerce is au24 thorized to negotiate with the owner of the Center 

25 as identified in subsection (a) regarding the acquisi-
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1 tion price following the appraisal in subsection (b), 

2 except that the Secretary may not acquire such 

3 property for more than the fair market value as de4 termined by the appraisal. 

5 (2) TIMING AND CONDEMNATION.—If the Sec6 retary of Commerce and the owner of the Center fail 

7 to reach agreement on the sale price within 3 years 

8 after the completion of the appraisal in subsection 

9 (b), the Secretary of Commerce is authorized and di10 rected to initiate condemnation proceedings to ac11 quire the Center. 

12 (d) INCORPORATION, MANAGEMENT, AND STATUS OF

13 ACQUIRED LANDS AND IMPROVEMENTS.—Land and im14 provements acquired by the United States in section (a) 

15 shall become part of the Department’s administrative and 

16 research activities at its Boulder Campus and the exterior 

17 boundary of such campus is hereby modified, without fur18 ther action by the Secretary, as necessary to incorporate 

19 the non-Federal lands comprising the Center identified in 

20 subsection (a). Upon its acquisition, lands or interests in 

21 land acquired under the authority of this Act shall be ad22 ministered in accordance with the laws, rules and regula23 tions generally applicable to lands used by the Department 

24 of Commerce as part of its Boulder Campus. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Commerce. 

5 (2) NIST.—The term ‘‘NIST’’ means the Na6 tional Institute of Standards and Technology. 

7 (3) NOAA.—The term ‘‘NOAA’’ means the Na8 tional Oceanic and Atmospheric Administration. 

9 (4) NTIA.—The term ‘‘NTIA’’ means the Na10 tional Telecommunications Information Administra11 tion. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Commerce. 

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