[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19269-S19270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE NATIONAL MARINE FISHERIES SERVICE LABORATORY CONVEYANCE ACT

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                PRESSLER (AND OTHERS) AMENDMENT NO. 3113

  Mr. WARNER (for Mr. Pressler, for himself, Mr. Kerry, and Mr. 
Stevens) proposed an amendment to the bill (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, MA; as follows:

     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, quit-claimed, 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 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.
     
[[Page S19270]]


                    AUTHORITY FOR COMMITTEES TO MEET


                     committee on foreign relations

  Mr. WARNER. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Friday, December 22, 1995, between the first and second 
rollcall votes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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