[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1358 Enrolled Bill (ENR)]

        H.R.1358

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 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.

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

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 MarineFisheries 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 (Public 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 toresolve 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.

                                TITLE I

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable corporate or 
other revenues, receipts, and funds, for the several departments, 
agencies, corporations, and other organizational units of Government 
for the fiscal year 1996, and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1995 for continuing the following projects or activities 
including the costs of direct loans and loan guarantees (not otherwise 
specifically provided for in this Act) which were conducted in the 
fiscal year 1995:
         All allowances paid under section 5(b) of the Peace Corps Act, 
    22 U.S.C. section 2504, notwithstanding section 10 of Public Law 
    91-672, at a rate for operations, notwithstanding any other 
    provision of this Act, provided for in the conference report and 
    joint explanatory statement of the Committee of Conference (House 
    Report 104-295) on the Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1996 (H.R. 1868), as passed by 
    the House of Representatives on October 31, 1995;
         All activities, including administrative expenses, necessary 
    to process single-family mortgage loans and refinancing for low-
    income and moderate-income families funded under the Federal 
    Housing Administration's ``FHA-mutual mortgage insurance program 
    account'' and ``FHA-general and special risk program account'' in 
    the Department of Housing and Urban Development at a rate for 
    operations, notwithstanding any other provision of this Act, 
    provided for in the conference report and joint explanatory 
    statement of the Committee of Conference (House Report 104-384) on 
    the Veterans Affairs and Housing and Urban Development, and 
    Independent Agencies Appropriations Act, 1996 (H.R. 2099), as 
    passed by the House of Representatives on December 7, 1995;
         All projects and activities directly related to the security 
    of United States diplomatic posts and facilities abroad, 
    notwithstanding section 15 of the State Department Basic 
    Authorities Act of 1956 at a rate for operations, notwithstanding 
    any other provision of this Act, provided for in the conference 
    report and joint explanatory statement of the Committee of 
    Conference (House Report 104-378) on the Departments of Commerce, 
    Justice, and State, the Judiciary, and Related Agencies 
    Appropriations Act, 1996 (H.R. 2076), as passed by the House of 
    Representatives on December 6, 1995;
         Activities funded under the account heading ``Emergency food 
    and shelter program'' in the Federal Emergency Management Agency: 
    Provided, That, notwithstanding any other provision of this Act, 
    the amount made available by this Act shall not exceed $46,000,000: 
    Provided further, That not to exceed three and one-half per centum 
    of the amount made available shall be for administrative costs;
         All retirement pay and medical benefits for Public Health 
    Services Commissioned Officers as authorized by law, and for 
    payments under the Retired Serviceman's Family Protection Plan and 
    Survivor Benefit Plan and for medical care of dependents and 
    retired personnel under the Dependent's Medical Care Act (10 U.S.C. 
    ch. 55) and for payments pursuant to section 229(b) of the Social 
    Security Act (42 U.S.C. 429(b)) at a rate for operations, 
    notwithstanding any other provision of this Act, provided for in 
    the Departments of Labor, Health and Human Services, and Education, 
    and Related Agencies Appropriations Act, 1996 (H.R. 2127), as 
    passed by the House of Representatives on August 4, 1995;
         All projects and activities of the Federal Bureau of 
    Investigation, Drug Enforcement Administration, Interagency Crime 
    and Drug Enforcement, Federal Prison System, United States 
    Attorneys, United States Marshals Service, Federal Prisoner 
    Detention, Fees and Expenses of Witnesses, Immigration and 
    Naturalization Service, and the Executive Office for Immigration 
    Review, necessary for the investigation and prosecution of criminal 
    and civil offenses; national security; the apprehension, detention 
    and removal of illegal and criminal aliens; the incarceration, 
    detention, and movement of Federal prisoners and detainees; and the 
    protection of the Federal judiciary at a rate for operations, 
    notwithstanding any other provision of this Act, provided for in 
    the conference report and joint explanatory statement of the 
    Committee of Conference (House Report 104-378) on the Departments 
    of Commerce, Justice, and State, the Judiciary, and Related 
    Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the 
    House of Representatives on December 6, 1995;
         All projects and activities of the Judiciary to the extent and 
    in the manner and at a rate for operations, notwithstanding any 
    other provision of this Act, provided for in the conference report 
    and joint explanatory statement of the Committee of Conference 
    (House Report 104-378) on the Departments of Commerce, Justice, and 
    State, the Judiciary, and Related Agencies Appropriations Act, 1996 
    (H.R. 2076), as passed by the House of Representatives on December 
    6, 1995;
         All projects and activities necessary to provide for the 
    expenses of State surveys and certifications under the account 
    heading ``Program Management'' under the Health Care Financing 
    Administration in the Department of Health and Human Services;
         Trade adjustment assistance benefits and North American Free 
    Trade Act benefits funded under the account heading ``Federal 
    Unemployment Benefits and Allowances'' under the Employment and 
    Training Administration in the Department of Labor;
         Payments to the Federal Hospital Insurance and the Federal 
    Supplementary Medical Insurance Trust Funds under the account 
    heading ``Payments to Health Care Trust Funds'' under the Health 
    Care Financing Administration in the Department of Health and Human 
    Services;
         All projects and activities necessary to provide for the 
    expenses of Medicare contractors under title XVIII of the Social 
    Security Act under the account heading ``Program Management'' under 
    the Health Care Financing Administration in the Department of 
    Health and Human Services;
         All projects and activities funded under the account heading 
    ``Grants to States for Medicaid'' under the Health Care Financing 
    Administration in the Department of Health and Human Services;
         All projects and activities of the National Institutes of 
    Health in the Department of Health and Human Services at a rate for 
    operations, notwithstanding any other provision of this Act, 
    provided for in the Departments of Labor, Health and Human 
    Services, and Education, and Related Agencies Appropriations Act, 
    1996 (H.R. 2127), as passed by the House of Representatives on 
    August 4, 1995;
         All projects and activities necessary to carry out the section 
    7(a) General Business Loan Guaranty Program and the section 504 
    Certified Development Company Program, as authorized by law, under 
    the Small Business Administration at a rate for operations, 
    notwithstanding any other provision of this Act, provided for in 
    the conference report and joint explanatory statement of the 
    Committee of Conference (House Report 104-378) on the Departments 
    of Commerce, Justice, and State, the Judiciary, and Related 
    Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the 
    House of Representatives on December 6, 1995;
         All projects and activities funded under the account heading 
    ``Surety Bond Guarantees Revolving Fund'' under the Small Business 
    Administration at a rate for operations, notwithstanding any other 
    provision of this Act, provided for in the conference report and 
    joint explanatory statement of the Committee of Conference (House 
    Report 104-378) on the Departments of Commerce, Justice, and State, 
    the Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 
    2076), as passed by the House of Representatives on December 6, 
    1995;
         All projects and activities necessary to accommodate visitors 
    and to provide for visitors services on the public lands managed by 
    the Bureau of Land Management at a rate for operations, 
    notwithstanding any other provision of this Act, provided for in 
    the conference report and joint explanatory statement of the 
    Committee of Conference (House Report 104-402) on the Department of 
    the Interior and Related Agencies Appropriations Act, 1996 (H.R. 
    1977), as passed by the House of Representatives on December 13, 
    1995;
         All projects and activities funded under the account heading 
    ``Disease Control, Research, and Training'' under the Centers for 
    Disease Control and Prevention in the Department of Health and 
    Human Services at a rate for operations, notwithstanding any other 
    provision of this Act, not to exceed an annual rate for new 
    obligational authority of $2,114,693,000;
         All Self-Determination and Self-Governance projects and 
    activities of tribes or tribal organizations (as that term is 
    defined in Public Law 93-638) that are authorized by Public Law 93-
    638 under the account heading ``Operation of Indian Programs'' 
    under the Bureau of Indian Affairs in the Department of the 
    Interior or under the account heading ``Indian Health Services'' 
    under the Indian Health Service in the Department of Health and 
    Human Services at a rate for operations, notwithstanding any other 
    provision of this Act, provided for in the conference report and 
    joint explanatory statement of the Committee of Conference (House 
    Report 104-402) on the Department of the Interior and Related 
    Agencies Appropriations Act, 1996 (H.R. 1977), as passed by the 
    House of Representatives on December 13, 1995;
         All projects and activities necessary to provide for the 
    expenses of the Kendall Demonstration Elementary School and the 
    Model Secondary School for the Deaf under the account heading 
    ``Gallaudet University'' in the Department of Education;
         Payments for benefits and interest on advances, together with 
    expenses of operation and administration, under the account heading 
    ``Black Lung Disability Trust Fund'' under the Employment Standards 
    Administration in the Department of Labor; and
         Payments for benefits, together with expenses of operation and 
    administration, under the account heading ``Special Benefits for 
    Disabled Coal Miners'' in the Social Security Administration:
Provided, That whenever the amount which would be made available or the 
authority which would be granted under an Act which included funding 
for fiscal year 1996 for the projects and activities listed in this 
section is greater than that which would be available or granted under 
current operations, the pertinent project or activity shall be 
continued at a rate for operations not exceeding the current rate.
    (b) Whenever the amount which would be made available or the 
authority which would be granted under the Act which included funding 
for fiscal year 1996 for the projects and activities listed in this 
section as passed by the House as of the date of enactment of this Act, 
is different from that which would be available or granted under such 
Act as passed by the Senate as of the date of enactment of this Act, 
the pertinent project or activity shall be continued at a rate for 
operations not exceeding the current rate or the rate permitted by the 
action of the House or the Senate, whichever is lower, under the 
authority and conditions provided in the applicable appropriations Act 
for the fiscal year 1995.
    (c) Whenever an Act which included funding for fiscal year 1996 for 
the projects and activities listed in this section has been passed by 
only the House or only the Senate as of the date of enactment of this 
Act, the pertinent project or activity shall be continued under the 
appropriation, fund, or authority granted by the one House at a rate 
for operations not exceeding the current rate or the rate permitted by 
the action of the one House,whichever is lower, and under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1995.
    Sec. 102. Appropriations made by section 101 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.
    Sec. 103. No appropriation or funds made available or authority 
granted pursuant to section 101 shall be used to initiate or resume any 
project or activity for which appropriations, funds, or other authority 
were not available during the fiscal year 1995.
    Sec. 104. No provision which is included in the appropriations Act 
enumerated in section 101 but which was not included in the applicable 
appropriations Act for fiscal year 1995 and which by its terms is 
applicable to more than one appropriation, fund, or authority shall be 
applicable to any appropriation, fund, or authority provided in this 
Act.
    Sec. 105. Appropriations made and authority granted pursuant to 
this title of this Act shall cover all obligations or expenditures 
incurred for any program, project, or activity during the period for 
which funds or authority for such project or activity are available 
under this Act.
    Sec. 106. Unless otherwise provided for in this title of this Act 
or in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this title of this Act 
shall be available until (a) enactment into law of an appropriation for 
any project or activity provided for in this title of this Act, or (b) 
the enactment into law of the applicable appropriations Act by both 
Houses without any provision for such project or activity, or (c) 
September 30, 1996, whichever first occurs.
    Sec. 107. Expenditures made pursuant to this title of this Act 
shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable appropriation, 
fund, or authorization is contained is enacted into law.
    Sec. 108. No provision in the appropriations Act for the fiscal 
year 1996 referred to in section 101 of this Act that makes the 
availability of any appropriation provided therein dependent upon the 
enactment of additional authorizing or other legislation shall be 
effective before the date set forth in section 106(c) of this Act.
    Sec. 109. Appropriations and funds made available by or authority 
granted pursuant to this title of this Act may be used without regard 
to the time limitations for submission and approval of apportionments 
set forth in section 1513 of title 31, United States Code, but nothing 
herein shall be construed to waive any other provision of law governing 
the apportionment of funds.
    Sec. 110. For the purposes of this title of this Act, the time 
covered by this title of this Act shall be considered to have begun on 
December 16, 1995.

                                TITLE II

SECTION 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT 
OF 1994.
    (a) Extension.--Section 112(b) of the Yavapai-Prescott Indian Tribe 
Water Rights Settlement Act of 1994 (108 Stat. 4532) is amended by 
striking ``December 31, 1995'' and inserting ``June 30, 1996''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as of December 31, 1995, and with the consent of Prescott, 
Arizona, the contract referred to in such section 112(b) is revived.
    SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 
      1992.
    (a) Extension.--Section 3711(b)(1) of the San Carlos Apache Tribe 
Water Rights Settlement Act of 1992 (title XXXVII of Public Law 102-
575) is amended by striking ``December 31, 1995'' and inserting 
``December 31, 1996''.
    (b) Effective Date.--
        (1) In general.--The amendment made by subsection (a) shall 
    take effect as of December 31, 1995.
        (2) Lapsed provisions of law and contracts.--The provisions of 
    subsections (c) and (d) of section 3704, subsections (a) and (b) of 
    section 3705, section 3706, subsections (a)(2), (c), (d), and (f) 
    of section 3707, subsections (b) and (c) of section 3708, and 
    subsections (a), (b), (c), (d), (e), (g), (h), (j), and (l) of 
    section 3710 of such Act, together with each contract entered into 
    pursuant to any such section or subsection (with the consent of the 
    non-Federal parties thereto), shall be effective on and after the 
    date of enactment of this Act, subject to the December 31, 1996, 
    deadline specified in such section 3711(b)(1), as amended by 
    subsection (a) of this section.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.