[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 261 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 261

To authorize the Secretary of Commerce to permit the use and occupancy 
 of certain lands within the jurisdiction of the National Oceanic and 
      Atmospheric Administration for recreational and public uses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 23 (legislative day, January 10), 1995

   Mr. Akaka introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Commerce to permit the use and occupancy 
 of certain lands within the jurisdiction of the National Oceanic and 
      Atmospheric Administration for recreational and public uses.

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

SECTION 1. USE AND OCCUPANCY OF LANDS FOR RECREATIONAL AND PUBLIC USES.

    (a) Authority of the Secretary of Commerce.--
            (1) In general.--The Secretary of Commerce (hereafter in 
        this Act referred to as the ``Secretary'') may, under such 
        terms and conditions as the Secretary may prescribe by 
        regulation, issue permits in accordance with this section for 
        the public and recreational use and occupancy of suitable lands 
        under the jurisdiction of the National Oceanic and Atmospheric 
        Administration, if such use or occupancy is compatible with and 
        will not interfere with or reduce the effectiveness of the 
        purposes for which the National Oceanic and Atmospheric 
        Administration is to operate the site.
    (b) Permits.--Each permit issued under subsection (a)--
            (1) shall be issued for a term of 30 years, unless the 
        Secretary determines that--
                    (A) the facilities or operations to which the 
                permit relates are likely to require long-term 
                financing or operation; or
                    (B) there are public policy reasons specific to the 
                permit for a shorter permit term;
            (2) shall encompass such acreage as the Secretary 
        determines to be appropriate to accommodate the permittee's 
        needs, including needs relating to public use and appropriate 
        ancillary facilities;
            (3) may be renewed at the discretion of the Secretary;
            (4) may be canceled by the Secretary in whole or in part--
                    (A) for any violation of the permit terms and 
                conditions or for nonpayment of permit fees; or
                    (B) upon the determination of the Secretary that 
                the land to which the permit relates is needed for 
                Federal purposes;
            (5) may be modified by the Secretary to accommodate changes 
        in plans or operations;
            (6) shall be subject to such reasonable terms and 
        conditions as the Secretary determines to be appropriate; and
            (7) shall be subject to a permit fee based on fair market 
        value.
    (c) Disposition of Permit Revenues.--
            (1) Deposit.--Revenues of $1,000,000 or less received in 
        any fiscal year in connection with permit fees authorized under 
        subsection (b)(7) shall be deposited in an account established 
        by the Secretary of the Treasury in the Treasury of the United 
        States.
            (2) Appropriation.--Revenues deposited in accordance with 
        paragraph (1) may be appropriated to the Secretary of Commerce 
        for the administration of lands under the jurisdiction of the 
        National Oceanic and Atmospheric Administration.
            (3) Excess.--Any revenues in excess of $1,000,000 received 
        in any fiscal year in connection with permit fees authorized 
        under subsection (b)(7) shall be deposited to the general fund 
        of the Treasury of the United States as miscellaneous receipts.
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