[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1358 Engrossed Amendment Senate (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

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                               AMENDMENT