--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
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 (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
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.
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'.
(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.
END
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