Pub. L. 106-291, tit. III, sec. 351

Sec. 351. (a) Short Title.—This section may be cited as the “Boise Laboratory Replacement Act of 2000”. (b) Findings and Purpose.— (1) Findings.—Congress finds that— (A) the existing facilities of the Rocky Mountain Research Station Boise laboratory are outdated and no longer serve as a modern research facility; (B) the Boise laboratory site is in the heart of a Boise city redevelopment zone, and the existing laboratory facilities detract from community improvement efforts; (C) it is desirable to colocate the Boise laboratory with 1 of the State institutions of higher learning in the Boise metropolitan area— (i) to facilitate communications and sharing of research data between the agency and the Idaho scientific community; (ii) to facilitate development and maintenance of the Boise laboratory as a modern, high quality research facility; and (iii) to reduce costs, better use assets, and better serve the public; and (D) it is desirable to make the Boise laboratory site available for inclusion in a planned facility that is being developed on adjacent property by the University of Idaho 114 STAT. 1005or the University of Idaho Foundation, a not-for-profit corporation acting on behalf of the University of Idaho, as a multiagency research and education facility to serve various agencies and educational institutions of the United States and the State. (2) Purpose.—The purpose of this section is to authorize the Secretary— (A) to sell or exchange the land and improvements currently occupied by the Boise laboratory site; and (B) to acquire land, facilities, or interests in land and facilities, including condominium interests, to colocate the Rocky Mountain Research Station Boise laboratory with 1 of the State institutions of higher learning in the Boise metropolitan area, using— (i) funds derived from sale or exchange of the existing Boise laboratory site; and (ii) to the extent the funds received are insufficient to carry out the acquisition of replacement research facilities, funds subsequently made available by appropriation for the acquisition, construction, or improvement of the Rocky Mountain Research Station Boise laboratory. (c) Definitions.—In this section: (1) Boise laboratory site.—The term “Boise laboratory site” means the approximately 3.26 acres of land and all improvements in section 10, T. 3 N., R. 2 E., Boise Meridian, as depicted on that Plat of Park View Addition to Boise, Ada County, Idaho, labeled “Boise Lab Site-May 22, 2000”, located at 316 East Myrtle Street, Boise, Idaho. (2) Condominium interest.—The term “condominium interest” means an estate in land consisting of (in accordance with law of the State)— (A) an undivided interest in common of a portion of a parcel of real property; and (B) a separate fee simple interest in another portion of the parcel. (3) Fair market value.—The term “fair market value” means the cash value of land on a specific date, as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Secretary.—The term “Secretary” means the Secretary of Agriculture. (5) State.—The term “State” means the State of Idaho. (d) Sale or Exchange of Boise Laboratory Site.— (1) In general.—The Secretary may, under such terms and conditions as the Secretary may prescribe and subject to valid existing rights, sell or exchange any or all right, title, and interest of the United States in and to the Boise laboratory site. (2) Right of first refusal.— (A) In general.—After a determination of fair market value of the Boise laboratory site is approved by the Secretary, the University of Idaho or the University of Idaho Foundation, a not-for-profit organization acting on behalf of the University of Idaho, shall be allowed 210 days from 114 STAT. 1006the effective date of value to exercise a right of first refusal to purchase the Boise laboratory site at fair market value. (B) Cooperative development.—If the University of Idaho or the University of Idaho Foundation exercises the right of first refusal under paragraph (A), to accomplish the purpose described in section (b)(2)(B), the Secretary shall, to the maximum extent practicable, cooperate with the University of Idaho in the development of a multiagency research and education facility on the Boise laboratory site and adjacent property. (3) Solicitation of offers.—If the right of first refusal described in subsection (d)(2) is not exercised, the Secretary may solicit offers for purchase through sale or competitive exchange of any and all right, title, and interest of the United States in and to the Boise laboratory site. (4) Consideration.—Consideration for sale or exchange of land under this subsection— (A) shall be at least equal to the fair market value of the Boise laboratory site; and (B) may include land, existing improvements, or improvements to be constructed to the specifications of the Secretary, including condominium interests, and cash, notwithstanding section 206(b) of Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (5) Rejection of offers.—The Secretary may reject any offer made under this subsection if the Secretary determines that the offer is not adequate or not in the public interest. (e) Disposition of Funds.— (1) Deposit of proceeds.—The Secretary shall deposit the proceeds of a sale or exchange under subsection (d) in the fund established under Public Law 90–171 (16 U.S.C. 484a) (commonly known as the “Sisk Act”). (2) Use of proceeds.—Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for— (A) the acquisition of or interest in land, or the acquisition of or construction of facilities, including condominium interests— (i) to colocate the Boise laboratory with 1 of the State institutions of higher learning in the Boise metropolitan area; and (ii) to replace other functions of the Boise laboratory; and (B) to the extent the funds are not necessary to carry out paragraph (A), the acquisition of other land or interests in land in the State.