[House Report 115-1006]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     115-1006

======================================================================

 
   AMENDING SECTION 7 OF PUBLIC LAW 100-515 (16 U.S.C. 1244 NOTE) TO 
PROMOTE CONTINUED USE OF THE JAMES J. HOWARD MARINE SCIENCES LABORATORY 
    AT GATEWAY NATIONAL RECREATION AREA BY THE NATIONAL OCEANIC AND 
                       ATMOSPHERIC ADMINISTRATION

                                _______
                                

November 2, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 6434]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6434) to amend section 7 of Public Law 100-515 
(16 U.S.C. 1244 note) to promote continued use of the James J. 
Howard Marine Sciences Laboratory at Gateway National 
Recreation Area by the National Oceanic and Atmospheric 
Administration, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 6434 is to amend section 7 of Public 
Law 100-515 (16 U.S.C. 1244 note) to promote continued use of 
the James J. Howard Marine Sciences Laboratory at Gateway 
National Recreation Area by the National Oceanic and 
Atmospheric Administration.

                  Background and Need for Legislation

    Currently, the James J. Howard Marine Sciences Laboratory, 
owned by the State of New Jersey, is operated by the National 
Oceanic and Atmospheric Administration (NOAA) and sits on 
National Park Service (NPS) land that is leased by the State. 
H.R. 6434 would transfer NPS's ground lease with the State to 
NOAA so that the agency may continue to operate the lab and 
make improvements.
    The Gateway National Recreation Area is a unique asset of 
NPS that encompasses roughly 27,000 non-contiguous acres of 
land across New York and New Jersey.\1\ This land makes up 
three distinct park units: Jamaica Bay, Staten Island, and 
Sandy Hook. The Sandy Hook unit, which is located within the 
Fort Hancock and Sandy Hook Proving Ground National Historic 
Landmark in New Jersey, is the home of the James J. Howard 
Marine Science Laboratory.\2\
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    \1\https://www.nps.gov/gate/planyourvisit/basicinfo.htm.
    \2\Id.
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    The James J. Howard Sciences Laboratory opened in October 
1993 and replaced a previous marine science laboratory that was 
destroyed by a fire in 1985.\3\ The Lab was dedicated and named 
after the late Congressman James J. Howard who was a staunch 
supporter of the original marine science laboratory.\4\ Located 
on the Sandy Hook peninsula, the Lab houses both State and 
federal researchers to conduct studies and research in 
nearshore and offshore ecology. According to NOAA, this 
research strives for ``a better understanding of both coastal 
and estuarine organisms and the effects of human activities on 
nearshore marine populations.''\5\
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    \3\Sandy Hook: A New Lab, A New Era. The New York Times: New Jersey 
Weekly. Arthur Kamin. October 10, 1993.
    \4\Id.
    \5\https://www.commerce.gov/locations/nefsc-james-j-howard-marine-
sciences-laboratory#15/40.4581/-74.0028.
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    Under Public Law 100-515, NPS was granted the authority to 
enter into a lease with the State of New Jersey for the 
property and buildings that were to comprise the Lab after its 
construction.\6\ Under the law, the State remains in control of 
the property as long as it is used as a marine science lab.\7\ 
Accordingly, in 1991 New Jersey and NPS entered into a 99 year 
ground lease to operate the facility.\8\ While the State 
continues to operate the Lab, in 2016 it expressed interest in 
transferring the lease to NOAA as the Lab houses a number of 
NOAA researchers.\9\
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    \6\Public Law 100-515, Section 7, signed October 20, 1988.
    \7\Id.
    \8\Representative Frank Pallone, letter to Representatives Rob 
Bishop and Raul Grijalva, August 29, 2018.
    \9\Id.
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    H.R. 6434 authorizes the transfer of the NPS lease from New 
Jersey to NOAA as long as both are willing parties.\10\ 
According to a letter to the Committee from the bill sponsor, 
``[a]ll parties including the State of New Jersey, NOAA, and 
the NPS are supportive of this transfer.''\11\
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    \10\H.R. 6434--To amend section 7 of Public Law 100-515 (16 U.S.C. 
1244 note) to promote continued use of the James J. Howard Marine 
Sciences Laboratory at Gateway National Recreation Area by the National 
Oceanic and Atmospheric Administration, Sponsored by Frank Pallone (D-
NJ). Introduced July 18, 2018.
    \11\Representative Frank Pallone, letter to Representatives Rob 
Bishop and Raul Grijalva, August 29, 2018.
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                      Section-by-Section Analysis


Section 1. Transfer of the James J. Howard Marine Sciences Laboratory

    This section amends section 7 of Public Law 100-515 by 
striking a reversion clause and inserting a new subsection that 
authorizes New Jersey to transfer its current ground lease with 
NPS to NOAA. This section also requires NOAA and NPS to enter 
into an agreement regarding the use of the land and facilities 
under the lease, stipulating that the land can be used for no 
purpose other than operation and support of the James J. Howard 
Marine Sciences Laboratory.

                            Committee Action

    H.R. 6434 was introduced on July 18, 2018, by Congressman 
Frank Pallone, Jr. (D-NJ). The bill was referred to the 
Committee on Natural Resources and within the Committee to the 
Subcommittee on Water, Power and Oceans and the Subcommittee on 
Federal Lands. On September 27, 2018, the Natural Resources 
Committee met to consider the bill. The Subcommittees were 
discharged by unanimous consent. No amendments were offered, 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 1, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6434, a bill to 
amend section 7 of Public Law 100-515 (16 U.S.C. 1244 note) to 
promote continued use of the James J. Howard Marine Sciences 
Laboratory at Gateway National Recreation Area by the National 
Oceanic and Atmospheric Administration.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
                                           Sincerely,
                                                Keith Hall,
                                                           Director
    Enclosure.

H.R. 6434--A bill to amend section 7 of Public Law 100-515 (16 U.S.C. 
        1244 note) to promote continued use of the James J. Howard 
        Marine Sciences Laboratory at Gateway National Recreation Area 
        by the National Oceanic and Atmospheric Administration

    Under current law, the state of New Jersey manages the 
James J. Howard Marine Sciences Laboratory--which is located on 
federal lands in the Gateway National Recreation Area--under a 
99-year lease agreement between the state and the National Park 
Service (NPS). H.R. 6434 would make the National Oceanic 
Atmospheric Administration (NOAA) the lessee instead of New 
Jersey.
    NOAA currently reimburses the state for the costs of 
maintaining the laboratory but not for the lease of the 
facility. In addition, under the current lease agreement, the 
state pays about $50,000 annually to the NPS. Those payments 
are recorded in the budget as offsetting collections and 
credited to the discretionary appropriation for managing the 
surrounding lands. Transferring the lease from the state to 
NOAA would eliminate those collections because payments from 
NOAA to the NPS would be intragovernmental; that is, the costs 
to NOAA for the lease payments would be equal to the 
collections by the NPS and would thus have no net effect on 
federal spending. Accordingly, CBO estimates that implementing 
the bill would increase net costs by about $250,000 over the 
2019-2023 period.
    Enacting H.R. 6434 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 6434 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 6434 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contacts for this estimate are Janani 
Shankaran and Robert Reese. The estimate was reviewed by H. 
Samuel Papenfuss, Deputy Assistant Director for Budget 
Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend section 7 of Public Law 100-
515 (16 U.S.C. 1244 note) to promote continued use of the James 
J. Howard Marine Sciences Laboratory at Gateway National 
Recreation Area by the National Oceanic and Atmospheric 
Administration.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           PUBLIC LAW 100-515


 AN ACT To provide for the establishment of the Coastal Heritage Trail 
       Route in the State of New Jersey, and for other purposes.



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SEC. 7. REVITALIZATION OF OFFICERS ROW, SANDY HOOK, NEW JERSEY.

  (a) Agreement With State.--To further the revitalization, 
rehabilitation, and utilization of the area known as ``Officers 
Row'' located within the Sandy Hook Unit of the Gateway 
National Recreation Area, the Secretary of the Interior, or his 
designee, shall enter into an agreement to permit the State of 
New Jersey to use and occupy the property depicted on the map 
numbered 646/80,003, entitled ``Marine Science Laboratory Land 
Assignment'', dated September 1988, for the express purpose of 
constructing, developing, and operating, without cost to the 
National Park Service, a marine sciences laboratory to be known 
as the ``James J. Howard Marine Sciences Laboratory''. The 
design of the new facility, the rehabilitation of Building 74, 
the design and location of landscaping modifications thereto, 
shall be reviewed by, and subject to the approval of, the 
Director of the National Park Service or his designee using the 
standards for rehabilitation and National Park Service 
guidelines and policies approved by the Secretary of the 
Interior.
  [(b) Reversion.--If the improvements described in subsection 
(a) are not used as a marine sciences laboratory by the State 
of New Jersey, all use of the property and the improvements 
thereon shall revert, without consideration, to the National 
Park Service.]
  (b) Transfer From the State to the National Oceanic and 
Atmospheric Administration.--
          (1) In general.--Notwithstanding any other provision 
        of law, or the provisions of the August 13, 1991, 
        Ground Lease Agreement (``Lease'') between the 
        Department of the Interior and the State of New Jersey 
        (``State''), upon notice to the National Park Service, 
        the State may transfer without consideration, and the 
        National Oceanic and Atmospheric Administration may 
        accept, all State improvements within the land 
        assignment and right of way, including the James J. 
        Howard Marine Sciences Laboratory (``Laboratory''), two 
        parking lots, and the seawater supply and backflow 
        pipes as generally depicted on the map entitled 
        ``Gateway National Recreation Area, James J. Howard 
        Marine Science Laboratory Land Assignment'', numbered 
        646/142,581A, and dated April 2018 (``Map'') and any 
        related State personal property.
          (2) Lease amendment.--Upon the transfer authorized in 
        paragraph (1), the Lease shall be amended to exclude 
        any obligations of the State and the Department of the 
        Interior related to the Laboratory and associated 
        property and improvements transferred to the National 
        Oceanic and Atmospheric Administration. However, all 
        obligations of the State to rehabilitate Building 74 
        and modify landscaping on the surrounding property as 
        depicted on the Map, under the Lease and pursuant to 
        subsection (a), shall remain in full force and effect.
          (3) Use by the national oceanic and atmospheric 
        administration.--Upon the transfer authorized in 
        paragraph (1), the Administrator of the National 
        Oceanic and Atmospheric Administration is authorized to 
        use the land generally depicted on the Map as a land 
        assignment and right of way and associated land and 
        appurtenances for continued use of the Laboratory, 
        including providing maintenance and repair, and access 
        to the Laboratory, the parking lots and the seawater 
        supply and back flow pipes, without consideration, 
        except for reimbursement to the National Park Service 
        of agreed upon reasonable actual costs of subsequently 
        provided goods and services.
          (4) Agreement between the national park service and 
        the national oceanic and atmospheric administration.--
        Upon the transfer authorized in paragraph (1), the 
        Director of the National Park Service and the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall enter into an agreement addressing 
        responsibilities pertaining to the use of the land 
        assignment within the Sandy Hook Unit of the Gateway 
        National Recreation Area as authorized in paragraph 
        (3). The agreement shall prohibit any new construction 
        on this land, permanent or nonpermanent, or significant 
        alteration to the exterior of the Laboratory, without 
        National Park Service approval.
          (5) Restoration.--
                  (A) Notwithstanding any provision of the 
                Lease to the contrary, if the State does not 
                transfer the improvements as authorized in 
                paragraph (1), and these improvements are not 
                used as or in support of a marine science 
                laboratory, the State shall demolish and remove 
                the improvements and restore the land in 
                accordance with the standards set forth by the 
                National Park Service, free of unacceptable 
                encumbrances and in compliance with all 
                applicable laws and regulations regarding known 
                contaminants.
                  (B) If the National Oceanic and Atmospheric 
                Administration accepts the improvements as 
                authorized in paragraph (1) and these 
                improvements are not used as or in support of a 
                marine science laboratory, the National Oceanic 
                and Atmospheric Administration shall be 
                responsible for demolishing and removing these 
                improvements and restoring the land, in 
                accordance with the standards set forth by the 
                National Park Service, free of unacceptable 
                encumbrances and in compliance with all 
                applicable laws and regulations regarding known 
                contaminants.

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