I
107TH CONGRESS
2D SESSION
H. R. 5498
To convey to the Board of Trustees of the California State University the
balance of the National Oceanic and Atmospheric Administration prop-
erty known as the Tiburon Laboratory, located in Tiburon, California.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 26, 2002
Ms. WOOLSEY (for herself and Mr. GEORGE MILLER of California) introduced
the following bill; which was referred to the Committee on Science
A BILL
To convey to the Board of Trustees of the California State
University the balance of the National Oceanic and At-
mospheric Administration property known as the Tiburon
Laboratory, located in Tiburon, California.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF NOAA LABORATORY IN
TIBURON, CALIFORNIA.
(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary of Commerce shall convey to the Board
of Trustees of the California State University, by suitable
instrument, in accordance with this section, by as soon
as practicable, but not later than 120 days after the date
of the enactment of this Act, and without consideration,
all right, title, and interest of the United States in the
balance of the National Oceanic and Atmospheric Admin-
istration property known as the Tiburon Laboratory, lo-
cated in Tiburon, California, as described in Exhibit A of
the notarized, revocable license between the Administra-
tion and Romberg Tiburon Center for Environmental
Studies at San Francisco State University dated Novem-
ber 5, 2001 (license number 01ABF779–N).
(b) CONDITIONS.—As a condition of any conveyance
by the Secretary under this section the Secretary shall re-
quire the following:
(1) The property conveyed shall be adminis-
tered by the Romberg Tiburon Center for Environ-
mental Studies at San Francisco State University
and used only for the following purposes:
(A) To enhance estuarine scientific re-
search and estuary restoration activities within
San Francisco Bay.
(B) To administer and coordinate manage-
ment activities at the San Francisco Bay Na-
tional Estuarine Research Reserve.
(C) To conduct education and interpreta-
tion and outreach activities to enhance public
awareness and appreciation of estuary re-
sources, and for other purposes.
(2) The Board shall—
(A) take title to the property as is;
(B) assume full responsibility for all facil-
ity maintenance and repair, security, fire pre-
vention, utilities, signs, and grounds mainte-
nance;
(C) allow the Secretary to have all nec-
essary ingress and egress over the property of
the Board to access Department of Commerce
building and related facilities, equipment, im-
provements, modifications, and alterations; and
(D) not erect or allow to be erected any
structure or structures or obstruction of what-
ever kind that will interfere with the access to
or operation of property retained for the United
States under subsection (c)(1), unless prior
written consent has been provided by the Sec-
retary to the Board.
(c) RETAINED INTERESTS.—The Secretary shall re-
tain for the United States—
(1) all right, title, and interest in and to the
portion of the property referred to in subsection (a)
comprising Building 86, identified as Parcel C on
Exhibit A of the license referred to in subsection (a),
including all facilities, equipment, fixtures, improve-
ments, modifications, or alterations made by the
Secretary;
(2) rights-of-way that are determined by the
Secretary to be reasonable and convenient to ensure
all necessary ingress and egress for Federal per-
sonnel or contractors to access the property retained
under paragraph (1), including access to the existing
boat launch ramp (or equivalent) and parking that
is suitable to the Secretary;
(3) the exclusive right to install, maintain, re-
pair, replace, and remove its facilities, fixtures, and
equipment on the retained property, and to author-
ize other persons to take any such action;
(4) the right to grade, condition, and install
drainage facilities, and to seed soil on the retained
property, if necessary; and
(5) the right to remove all obstructions from
the retained property that may constitute a hin-
drance to the establishment and maintenance of the
retained property.
(d) EQUIVALENT ALTERNATIVE.—
(1) IN GENERAL.—At any time, either the Sec-
retary or the Board may request of each other to
enter into negotiations pursuant to which the Board
may convey if appropriate to the United States, in
exchange for property conveyed by the United States
under subsection (a), another building that is equiv-
alent to the property retained under subsection (c)
that is acceptable to the Secretary.
(2) LOCATION.—Property conveyed by the
Board under this subsection is not required to be lo-
cated on the property referred to in subsection (a).
(3) COSTS.—If the Secretary and the Board en-
gage in a property exchange under this subsection,
all costs for repair, removal, and moving of facilities,
equipment, fixtures, improvements, modifications, or
alterations, including power, control, and utilities,
that are necessary for the exchange—
(A) shall be the responsibility of the Sec-
retary, if the action to seek an equivalent alter-
native was requested by the Secretary in re-
sponse to factors unrelated to the activities of
the Board or its operatives in the operation of
its facilities; or
(B) shall be the responsibility of the
Board, if the Secretary’s request for an equiva-
lent alternative was in response to changes or
modifications made by the Board or its
(f) REVERSIONARY INTEREST.—
(1) IN GENERAL.—All right, title, and interest
in and to all property and interests conveyed by the
United States under this section shall revert to the
United States on the date on which the Board uses
any of the property for any purpose other than the
purposes described in subsection (b)(1).
(2) ADMINISTRATION
OF
REVERTED
PROP-
ERTY.—Any property that reverts to the United
States under this subsection shall be under the ad-
ministrative jurisdiction of the Administrator of
General Services.
(g) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Trustees of the California State University.
(2) CENTER.—The term ‘‘Center’’ means the
Romberg Tiburon Center for Environmental Studies
at San Francisco State University.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
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