[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