II 

Calendar No. 446 

111TH CONGRESS 

2D SESSION H. R. 1700 

[Report No. 111–217] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 15, 2009 

Received; read twice and 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] 

AN ACT 

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 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. 

4 This Act may be cited as the ‘‘National Women’s His5 tory Museum Act of 2009’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of General Serv5 ices. 

6 (2) CERCLA.—The term ‘‘CERCLA’’ means 

7 the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 

9 9601 et seq.). 

10 (3) COMMITTEES.—The term ‘‘Committees’’ 

11 means the Committee on Transportation and Infra12 structure of the House of Representatives and the 

13 Committee on Environment and Public Works of the 

14 Senate. 

15 (4) MUSEUM.—The term ‘‘Museum’’ means the 

16 National Women’s History Museum, Inc., a District 

17 of Columbia nonprofit corporation exempt from tax18 ation pursuant to section 501(c)(3) of the Internal 

19 Revenue Code of 1986. 

20 (5) PROPERTY.—The term ‘‘property’’ means 

21 the property located in the District of Columbia, 

22 subject to survey and as determined by the Adminis23 trator, generally consisting of Squares 325 and 326. 

24 The property is generally bounded by 12th Street, 

25 Independence Avenue, C Street, and the James For26 restal Building, all in Southwest Washington, DisVerDate Mar 15 2010 23:44 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1700.RS H1700

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1 trict of Columbia, and shall include all associated air 

2 rights, improvements thereon, and appurtenances 

3 thereto. 

4 SEC. 3. CONVEYANCE OF PROPERTY. 

5 (a) AUTHORITY TO CONVEY.— 

6 (1) IN GENERAL.—Subject to the requirements 

7 of this Act, the Administrator shall convey the prop8 erty to the Museum on such terms and conditions as 

9 the Administrator considers reasonable and appro10 priate to protect the interests of the United States 

11 and further the purposes of this Act. 

12 (2) AGREEMENT.—As soon as practicable, but 

13 not later than 180 days after the date of enactment 

14 of this Act, the Administrator shall enter into an 

15 agreement with the Museum for the conveyance. 

16 (3) TERMS AND CONDITIONS.—The terms and 

17 conditions of the agreement shall address, among 

18 other things, mitigation of developmental impacts to 

19 existing Federal buildings and structures, security 

20 concerns, and operational protocols for development 

21 and use of the property. 

22 (b) PURCHASE PRICE.— 

23 (1) IN GENERAL.—The purchase price for the 

24 property shall be its fair market value based on its 

25 highest and best use as determined by an indeVerDate Mar 15 2010 23:44 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1700.RS H1700

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1 pendent appraisal commissioned by the Adminis2 trator and paid for by the Museum. 

3 (2) SELECTION OF APPRAISER.—The appraisal 

4 shall be performed by an appraiser mutually accept5 able to the Administrator and the Museum. 

6 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

7 (A) IN GENERAL.—Except as provided by 

8 subparagraph (B), the assumptions, scope of 

9 work, and other terms and conditions related to 

10 the appraisal assignment shall be mutually ac11 ceptable to the Administrator and the Museum. 

12 (B) REQUIRED TERMS.—The appraisal 

13 shall assume that the property does not contain 

14 hazardous substances (as defined in section 101 

15 of CERCLA (42 U.S.C. 9601)) which require 

16 response action (as defined in such section). 

17 (c) APPLICATION OF PROCEEDS.—The purchase 

18 price shall be paid into the Federal Buildings Fund estab19 lished under section 592 of title 40, United States Code. 

20 Upon deposit, the Administrator may expend, in amounts 

21 specified in appropriations Acts, the proceeds from the 

22 conveyance for any lawful purpose consistent with existing 

23 authorities granted to the Administrator, except that the 

24 Administrator shall provide the Committees with 30 days 

25 advance written notice of any expenditure of the proceeds. 


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1 (d) QUIT CLAIM DEED.—The property shall be con2 veyed pursuant to a quit claim deed. 

3 (e) USE RESTRICTION.—The property shall be dedi4 cated for use as a site for a national women’s history mu5 seum for the 99-year period beginning on the date of con6 veyance to the Museum. 

7 (f) REVERSION.— 

8 (1) BASES FOR REVERSION.—The property 

9 shall revert to the United States, at the option of 

10 the United States, without any obligation for repay11 ment by the United States of any amount of the 

12 purchase price for the property, if— 

13 (A) the property is not used as a site for 

14 a national women’s history museum at any time 

15 during the 99-year period referred to in sub16 section (e); or 

17 (B) the Museum has not commenced con18 struction of a museum facility on the property 

19 in the 5-year period beginning on the date of 

20 enactment of this Act, other than for reasons 

21 beyond the control of the Museum as reason22 ably determined by the Administrator. 

23 (2) ENFORCEMENT.—The Administrator may 

24 perform any acts necessary to enforce the rever25 sionary rights provided in this section. 


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1 (3) CUSTODY OF PROPERTY UPON REVER2 SION.—If the property reverts to the United States 

3 pursuant to this section, such property shall be 

4 under the custody and control of the Administrator. 

5 (g) CLOSING DEADLINE.—The conveyance pursuant 

6 to this Act shall occur not later than 3 years after the 

7 date of enactment of this Act. The Administrator may ex8 tend that period for such time as is reasonably necessary 

9 for the Museum to perform its obligations under section 

10 4(a). 

11 SEC. 4. ENVIRONMENTAL MATTERS. 

12 (a) AUTHORIZATION TO CONTRACT FOR ENVIRON13 MENTAL RESPONSE ACTIONS.—The Administrator is au14 thorized to contract, in an amount not to exceed the pur15 chase price for the property, with the Museum or an affil16 iate thereof for the performance (on behalf of the Adminis17 trator) of response actions (if any) required on the prop18 erty pursuant to CERCLAon the Property. 

19 (b) CREDITING OF RESPONSE COSTS.—Any costs in20 curred by the Museum or an affiliate thereof pursuant to 

21 subsection (a) shall be credited to the purchase price for 

22 the property. 

23 (c) RELATIONSHIP TO CERCLA.—Nothing in this 

24 Act may be construed to affect or limit the application 


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1 of or obligation to comply with any environmental law, in2 cluding section 120(b) of CERCLA (42 U.S.C. 9620(b)). 

3 (c) NO EFFECT ON COMPLIANCE WITH ENVIRON4 MENTAL LAWS.—Nothing in this Act, or any amendment 

5 made by this Act, affects or limits the application of or obli6 gation to comply with any environmental law, including 

7 section 120(h) of CERCLA (42 U.S.C. 9620(h)). 

8 SEC. 5. INCIDENTAL COSTS. 

9 Subject to section 4, the Museum shall bear any and 

10 all costs associated with complying with the provisions of 

11 this Act, including studies and reports, surveys, relocating 

12 tenants, and mitigating impacts to existing Federal build13 ings and structures resulting directly from the develop14 ment of the property by the Museum. 

15 SEC. 6. LAND USE APPROVALS. 

16 (a) EXISTING AUTHORITIES.—Nothing in this Act 

17 shall be construed as limiting or affecting the authority 

18 or responsibilities of the National Capital Planning Com19 mission or the Commission of Fine Arts. 

20 (b) COOPERATION.— 

21 (1) ZONING AND LAND USE.—Subject to para22 graph (2), the Administrator shall reasonably co23 operate with the Museum with respect to any zoning 

24 or other land use matter relating to development of 

25 the property in accordance with this Act. Such coVerDate Mar 15 2010 23:44 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1700.RS H1700

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1 operation shall include consenting to applications by 

2 the Museum for applicable zoning and permitting 

3 with respect to the property. 

4 (2) LIMITATIONS.—The Administrator shall not 

5 be required to incur any costs with respect to co6 operation under this subsection and any consent pro7 vided under this subsection shall be premised on the 

8 property being developed and operated in accordance 

9 with this Act. 

10 SEC. 7. REPORTS. 

11 Not later than one year after the date of enactment 

12 of this Act, and annually thereafter until the end of the 

13 5-year period following conveyance of the property or until 

14 substantial completion of the museum facility (whichever 

15 is later), the Museum shall submit annual reports to the 

16 Administrator and the Committees detailing the develop17 ment and construction activities of the Museum with re18 spect to this Act. 


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Calendar No. 446 

111TH CONGRESS 

2D SESSION H. R. 1700 

[Report No. 111–217] 

AN ACT 

To authorize the Administrator of General Services 

a National Women’s History Museum. of Columbia to provide for the establishment of to convey a parcel of real property in the District 

JUNE 28, 2010 

Reported with amendments 


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