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

104th Congress, 1995–1996. Text as of Mar 29, 1995 (Introduced).

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HR 1358 IH

104th CONGRESS

1st Session

H. R. 1358

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.

IN THE HOUSE OF REPRESENTATIVES

March 29, 1995

Mr. TORKILDSEN introduced the following bill; which was referred to the Committee on Resources


A BILL

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT GLOUCESTER, MASSACHUSETTS.

    (a) CONVEYANCE REQUIRED-

      (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 subsections (b) and (c).

    (b) CONDITIONS FOR TRANSFER-

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

      (2) 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 section, if--

        (A) 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

        (B) 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.

    (c) REVERSIONARY INTEREST- All right, title, and interest in and to all property and interests conveyed under this section 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.

    (d) 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.

    (e) CONTINUED EMPLOYMENT OF NMFS PERSONNEL- Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce shall--

      (1) investigate entering into an intergovernmental personnel agreement with the Commonwealth of Massachusetts under which National Marine Fisheries Service personnel would continue to be employed at the property conveyed under this section; and

      (2) submit to the Congress a report on the findings and recommendations of that investigation.