[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19282-S19284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                REQUIRING CONVEYANCE OF CERTAIN PROPERTY

  Mr. WARNER. Mr. President, I ask unanimous consent that the Committee 
on Commerce be immediately discharged from further consideration of 
H.R. 1358 and that the Senate proceed to its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A 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, Massachusetts.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3113

       (Purpose: To provide for certain additional transfers of 
     property, and for other purposes)

  Mr. WARNER. Mr. President, I send a substitute amendment to the desk 
on behalf of Senators Pressler, Kerry, and Stevens.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner] for Mr. Pressler, 
     for himself, Mr. Kerry, and Mr. Stevens, proposes an 
     amendment numbered 3113.

  Mr. WARNER. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike out all after the enacting clause and insert the 
     following:

     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 Masachusetts 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.
     
[[Page S19283]]

       (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.

  Mr. PRESSLER. Mr. President, today I am pleased that we are 
considering H.R. 1358, legislation to authorize the conveyance of the 
National Marine Fisheries Service laboratory located in Gloucester, MA, 
to the Commonwealth of Massachusetts. This provision embodied in S. 
1142, the National Oceanic and Atmospheric Administration (NOAA) 
Authorization Act of 1995, was reported by the Commerce Committee on 
August 10, 1995.
  The amendment that I have offered, cosponsored by Senator Stevens and 
Senator Kerry, adds several other noncontroversial sections of the 
reported NOAA bill to H.R. 1358. They include: the conveyance to NOAA 
of a pier located on the Charleston Navy Base in South Carolina; an 
authorization concerning the cleanup of NOAA property located on the 
Pribolof Islands of Alaska; and an authorization to construct and 
consolidate fisheries research facilities at Fort Johnson, South 
Carolina, and in Juneau, Alaska.
  Mr. President, the provisions in this bill address a number of 
noncontroversial issues that have been reviewed and adopted by the 
Commerce Committee with bipartisan support. I have brought them to the 
floor in this fashion simply to expedite their passage.
  I urge my colleagues to join me in the adoption of the amended bill.
  Mr. KERRY. Mr. President, I speak today in support of the passage of 
H.R. 1358, legislation which conveys the Gloucester laboratory of the 
National Marine Fisheries Service [NMFS] to the Commonwealth of 
Massachusetts. Under H.R. 1358, the Gloucester lab, which was built in 
the 1960s and is now federal surplus, will receive a new mission, 
direction and purpose. Under budget-mandated federal consolidations, 
the NMFS activities formally carried out at the Gloucester lab have 
been transferred to newer facilities in other locations.
  Loss of the NMFS programs will be mitigated by a plan to make 
productive use of the now unused laboratory site as home to a state 
marine fisheries laboratory and a new consortium of marine science 
programs from Massachusetts's colleges, universities, and high schools. 
Under the plan, the facility will be used primarily for education and 
research in the marine sciences. It will enable undertaking various 
marine science projects and initiatives, and continue ongoing efforts 
to address the problems that face the traditional fishing industry of 
Massachusetts and all New England. With its fishing heritage and close 
ties to the rhythms of the sea, the city of Gloucester is a natural 
location for such a facility.
  The schools participating in the project include Salem State College, 
the University of Massachusetts, Essex Agriculture College, Boston 
University's City Lab program and Gloucester High School. Projects 
planned for the facility include shellfish safety research and testing, 
the development of aquaculture techniques, and introduction of high 
school students to sophisticated science such as DNA sequencing.
  I would like to thank the chairman of the subcommittee, Senator 
Stevens, the chairman of the Commerce Committee, Senator Pressler, and 
the Committee's ranking Democrat, Senator Hollings, for preparing this 
bipartisan bill and bringing it to the floor.
  I also would like to acknowledge the work by staff on both sides, 
including Penny Dalton and Lila Helms on the Commerce Committee 
minority staff and on the majority side, Tom Melius and Trevor McCabe. 
I would like to acknowledge the work of Kate English of my staff and 
Steve Metruck, a congressional fellow in my office.
  This bill represents a win-win solution for Massachusetts and the 
taxpayers--it gives renewed life to a site the Federal Government no 
longer needs, and it makes available to State and local organizations 
laboratory facilities that are needed for research into important 
health, economic, and marine science issues. Consequently, I hope that 
we can complete action and send this legislation to the President for 
his signature as soon as possible.
  Mr. WARNER. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 3113) was agreed to.
  Mr. WARNER. Mr. President, I ask unanimous consent that the bill be 
deemed read a third time and passed; that the motion to reconsider be 
laid upon the table; and that any statements relating to the measure be 
placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  
[[Page S19284]]

  So the bill (H.R. 1358), as amended, was deemed read the third time 
and passed.

                          ____________________