IIB 

111TH CONGRESS 

1ST SESSION H. R. 1700 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 15, 2009 

Received; read twice and referred to the Committee on Environment and 

Public Works 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Women’s His3 tory Museum Act of 2009’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act, the following definitions apply: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of General Serv8 ices. 

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

10 the Comprehensive Environmental Response, Com11 pensation, and Liability Act of 1980 (42 U.S.C. 

12 9601 et seq.). 

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

14 means the Committee on Transportation and Infra15 structure of the House of Representatives and the 

16 Committee on Environment and Public Works of the 

17 Senate. 

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

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

20 of Columbia nonprofit corporation exempt from tax21 ation pursuant to section 501(c)(3) of the Internal 

22 Revenue Code of 1986. 

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

24 the property located in the District of Columbia, 

25 subject to survey and as determined by the Adminis26 trator, generally consisting of Squares 325 and 326. 


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1 The property is generally bounded by 12th Street, 

2 Independence Avenue, C Street, and the James For3 restal Building, all in Southwest Washington, Dis4 trict of Columbia, and shall include all associated air 

5 rights, improvements thereon, and appurtenances 

6 thereto. 

7 SEC. 3. CONVEYANCE OF PROPERTY. 

8 (a) AUTHORITY TO CONVEY.— 

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

10 of this Act, the Administrator shall convey the prop11 erty to the Museum on such terms and conditions as 

12 the Administrator considers reasonable and appro13 priate to protect the interests of the United States 

14 and further the purposes of this Act. 

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

16 not later than 180 days after the date of enactment 

17 of this Act, the Administrator shall enter into an 

18 agreement with the Museum for the conveyance. 

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

20 conditions of the agreement shall address, among 

21 other things, mitigation of developmental impacts to 

22 existing Federal buildings and structures, security 

23 concerns, and operational protocols for development 

24 and use of the property. 

25 (b) PURCHASE PRICE.— 


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

2 property shall be its fair market value based on its 

3 highest and best use as determined by an inde4 pendent appraisal commissioned by the Adminis5 trator and paid for by the Museum. 

6 (2) SELECTION OF APPRAISER.—The appraisal 

7 shall be performed by an appraiser mutually accept8 able to the Administrator and the Museum. 

9 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

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

11 subparagraph (B), the assumptions, scope of 

12 work, and other terms and conditions related to 

13 the appraisal assignment shall be mutually ac14 ceptable to the Administrator and the Museum. 

15 (B) REQUIRED TERMS.—The appraisal 

16 shall assume that the property does not contain 

17 hazardous substances (as defined in section 101 

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

19 response action (as defined in such section). 

20 (c) APPLICATION OF PROCEEDS.—The purchase 

21 price shall be paid into the Federal Buildings Fund estab22 lished under section 592 of title 40, United States Code. 

23 Upon deposit, the Administrator may expend, in amounts 

24 specified in appropriations Acts, the proceeds from the 

25 conveyance for any lawful purpose consistent with existing 


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1 authorities granted to the Administrator, except that the 

2 Administrator shall provide the Committees with 30 days 

3 advance written notice of any expenditure of the proceeds. 

4 (d) QUIT CLAIM DEED.—The property shall be con5 veyed pursuant to a quit claim deed. 

6 (e) USE RESTRICTION.—The property shall be dedi7 cated for use as a site for a national women’s history mu8 seum for the 99-year period beginning on the date of con9 veyance to the Museum. 

10 (f) REVERSION.— 

11 (1) BASES FOR REVERSION.—The property 

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

13 the United States, without any obligation for repay14 ment by the United States of any amount of the 

15 purchase price for the property, if— 

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

17 a national women’s history museum at any time 

18 during the 99-year period referred to in sub19 section (e); or 

20 (B) the Museum has not commenced con21 struction of a museum facility on the property 

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

23 enactment of this Act, other than for reasons 

24 beyond the control of the Museum as reason25 ably determined by the Administrator. 


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1 (2) ENFORCEMENT.—The Administrator may 

2 perform any acts necessary to enforce the rever3 sionary rights provided in this section. 

4 (3) CUSTODY OF PROPERTY UPON REVER5 SION.—If the property reverts to the United States 

6 pursuant to this section, such property shall be 

7 under the custody and control of the Administrator. 

8 (g) CLOSING DEADLINE.—The conveyance pursuant 

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

10 date of enactment of this Act. The Administrator may ex11 tend that period for such time as is reasonably necessary 

12 for the Museum to perform its obligations under section 

13 4(a). 

14 SEC. 4. ENVIRONMENTAL MATTERS. 

15 (a) AUTHORIZATION TO CONTRACT FOR ENVIRON16 MENTAL RESPONSE ACTIONS.—The Administrator is au17 thorized to contract, in an amount not to exceed the pur18 chase price for the property, with the Museum or an affil19 iate thereof for the performance (on behalf of the Adminis20 trator) of response actions (if any) required on the prop21 erty pursuant to CERCLA. 

22 (b) CREDITING OF RESPONSE COSTS.—Any costs in23 curred by the Museum or an affiliate thereof pursuant to 

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

25 the property. 


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

2 Act may be construed to affect or limit the application 

3 of or obligation to comply with any environmental law, in4 cluding section 120(b) of CERCLA (42 U.S.C. 9620(b)). 

5 SEC. 5. INCIDENTAL COSTS. 

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

7 all costs associated with complying with the provisions of 

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

9 tenants, and mitigating impacts to existing Federal build10 ings and structures resulting directly from the develop11 ment of the property by the Museum. 

12 SEC. 6. LAND USE APPROVALS. 

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

14 shall be construed as limiting or affecting the authority 

15 or responsibilities of the National Capital Planning Com16 mission or the Commission of Fine Arts. 

17 (b) COOPERATION.— 

18 (1) ZONING AND LAND USE.—Subject to para19 graph (2), the Administrator shall reasonably co20 operate with the Museum with respect to any zoning 

21 or other land use matter relating to development of 

22 the property in accordance with this Act. Such co23 operation shall include consenting to applications by 

24 the Museum for applicable zoning and permitting 

25 with respect to the property. 


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1 (2) LIMITATIONS.—The Administrator shall not 

2 be required to incur any costs with respect to co3 operation under this subsection and any consent pro4 vided under this subsection shall be premised on the 

5 property being developed and operated in accordance 

6 with this Act. 

7 SEC. 7. REPORTS. 

8 Not later than one year after the date of enactment 

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

10 5-year period following conveyance of the property or until 

11 substantial completion of the museum facility (whichever 

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

13 Administrator and the Committees detailing the develop14 ment and construction activities of the Museum with re15 spect to this Act. 

Passed the House of Representatives October 14, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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