H.R. 1358 (104th): Continuing Appropriation (seventh)

104th Congress, 1995–1996. Text as of Dec 22, 1995 (Passed the Senate (Engrossed) with an Amendment).

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HR 1358 EAS

In the Senate of the United States,

December 22, 1995.

Resolved, That the bill from the House of Representatives (H.R. 1358) entitled ‘An Act to require the Secretary of Commerce to convey to the Commonwealth of Massachusetts the National Marine Fisheries Service laboratory located on Emerson Avenue in Gloucester, Massachusetts.’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. CONVEYANCES.

    (a) NATIONAL MARINE FISHERIES SERVICE LABORATORY AT GLOUCESTER, MASSACHUSETTS-

      (1) IN GENERAL- The Secretary of Commerce shall convey to the Commonwealth of Massachusetts, all right, title, and interest of the United States in and to the property comprising the National Marine Fisheries Service laboratory located on Emerson Avenue in Gloucester, Massachusetts.

      (2) TERMS- A conveyance of property under paragraph (1) shall be made--

        (A) without payment of consideration; and

        (B) subject to the terms and conditions specified under paragraphs (3) and (4).

      (3) CONDITIONS FOR TRANSFER-

        (A) IN GENERAL- As a condition of any conveyance of property under this subsection, the Commonwealth of Massachusetts shall assume full responsibility for maintenance of the property for as long as the Commonwealth retains the right and title to that property.

        (B) CONTINUED USE OF PROPERTY BY NMFS- The Secretary may enter into a memorandum of understanding with the Commonwealth of Massachusetts under which the National Marine Fisheries Service is authorized to occupy existing laboratory space on the property conveyed under this subsection, if--

          (i) the term of the memorandum of understanding is for a period of not longer than 5 years beginning on the date of enactment of this Act; and

          (ii) the square footage of the space to be occupied by the National Marine Fisheries Service does not conflict with the needs of, and is agreeable to, the Commonwealth of Massachusetts.

      (4) REVERSIONARY INTEREST- All right, title, and interest in and to all property conveyed under this subsection shall revert to the United States on the date on which the Commonwealth of Massachusetts uses any of the property for any purpose other than the Commonwealth of Massachusetts Division of Marine Fisheries resource management program.

      (5) RESTRICTION- Amounts provided by the South Essex Sewage District may not be used by the Commonwealth of Massachusetts to transfer existing activities to, or conduct activities at, property conveyed under this section.

    (b) PIER IN CHARLESTON, SOUTH CAROLINA- Section 22(a) of the Marine Mammal Protection Act Amendments of 1994 (Pub. Law 103-238; 108 Stat. 561) is amended--

      (1) by inserting ‘(1)’ before ‘Not’; and

      (2) by adding at the end thereof the following:

      ‘(2) Not later than December 31, 1996, the Secretary of the Navy may convey, without payment or other consideration, to the Secretary of Commerce, all right, title, and interest to the property comprising that portion of the Naval Base, Charleston, South Carolina, bounded by Hobson Avenue, the Cooper River, the landward extension of the property line located 70 feet northwest of and parallel to the centerline of Pier Q, and the northwest property line of the parking area associated with Pier R. The property shall include Pier Q, all towers and outbuildings on that property, and walkways and parking areas associated with those buildings and Pier Q.’.

SEC. 2. FISHERIES RESEARCH FACILITIES.

    (a) FORT JOHNSON- The Secretary of Commerce, through the Under Secretary of Commerce for Oceans and Atmosphere, is authorized to construct on land to be leased from the State of South Carolina, a facility at Fort Johnson, South Carolina, provided that the annual cost of leasing the required lands does not exceed one dollar.

    (b) AUKE CAPE- The Secretary of Commerce, through the Under Secretary of Commerce for Oceans and Atmosphere, is authorized to construct a facility on Auke Cape near Juneau, Alaska, to provide consolidated office and laboratory space for National Oceanic and Atmospheric Administration personnel in Juneau, provided that the property for such facility is transferred to the National Oceanic and Atmospheric Administration from the United States Coast Guard or the City of Juneau.

    (c) COMPLETION DATE FOR FUNDED WORK- The Secretary of Commerce shall complete the architectural and engineering work for the facilities described in subsections (a) and (b) by not later than May 1, 1996, using funds that have been previously appropriated for that work.

    (d) AVAILABILITY OF APPROPRIATIONS- The authorizations contained in subsections (a) and (b) are subject to the availability of appropriations provided for the purpose stated in this section.

SEC. 3. PRIBILOF ISLANDS.

    (a) IN GENERAL- The Secretary of Commerce shall, subject to the availability of appropriations provided for the purposes of this section, clean up landfills, wastes, dumps, debris, storage tanks, property, hazardous or unsafe conditions, and contaminants, including petroleum products and their derivatives, left by the National Oceanic and Atmospheric Administration on lands which it and its predecessor agencies abandoned, quitclaimed, or otherwise transferred or are obligated to transfer, to local entities or residents on the Pribilof Islands, Alaska, pursuant to the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), as amended, or other applicable law.

    (b) OBLIGATIONS OF SECRETARY- In carrying out cleanup activities under subsection (a), the Secretary of Commerce shall--

      (1) to the maximum extent practicable, execute agreements with the State of Alaska, and affected local governments, entities, and residents eligible to receive conveyance of lands under the Fur Seal Act of 1966 (16 U.S.C. 1161 et seq.) or other applicable law;

      (2) manage such activities with the minimum possible overhead, delay, and duplication of State and local planning and design work;

      (3) receive approval from the State of Alaska for agreements described in paragraph (1) where such activities are required by State law;

      (4) receive approval from affected local entities or residents before conducting such activities on their property; and

      (5) not seek or require financial contributions by or from local entities or landowners.

    (c) RESOLUTION OF FEDERAL RESPONSIBILITIES- (1) Within 9 months after the date of enactment of this section, and after consultation with the Secretary of the Interior, the State of Alaska, and local entities and residents of the Pribilof Islands, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Resources of the House of Representatives, a report proposing necessary actions by the Secretary of Commerce and Congress to resolve all claims with respect to, and permit the final implementation, fulfillment and completion of--

      (A) title II of the Fur Seal Act Amendments of 1983 (16 U.S.C. 1161 et seq.);

      (B) the land conveyance entitlements of local entities and residents of the Pribilof Islands under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

      (C) the provisions of this section; and

      (D) any other matters which the Secretary deems appropriate.

    (2) The report required under paragraph (1) shall include the estimated costs of all actions, and shall contain the statements of the Secretary of Commerce, the Secretary of the Interior, any statement submitted by the State of Alaska, and any statements of claims or recommendations submitted by local entities and residents of the Pribilof Islands.

    (d) USE OF LOCAL ENTITIES- Notwithstanding any other law to the contrary, the Secretary of Commerce shall, to the maximum extent practicable, carry out activities under subsection (a) and fulfill other obligations under Federal and State law relating to the Pribilof Islands, through grants or other agreements with local entities and residents of the Pribilof Islands, unless specialized skills are needed for an activity, and the Secretary specifies in writing that such skills are not available through local entities and residents of the Pribilof Islands.

    (e) DEFINITION- For the purposes of this section, the term ‘clean up’ means the planning and execution of remediation actions for lands described in subsection (a) and the redevelopment of landfills to meet statutory requirements.

    (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated not to exceed $10,000,000 in each of fiscal years 1996, 1997, and 1998 for the purposes of carrying out this section.

Attest:

Secretary.

104th CONGRESS

1st Session

H. R. 1358

AMENDMENT