[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1358 Enrolled Bill (ENR)]
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,

8a0155d360da498d28bfd76e1941ce90bb4f9c129936dc40a5d55a5e899240c6

(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 MarineFisheries 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.''.

e1b84787fba8881841a30aabbf0bd832f42b7eb556cc817137832b00659e7bae

(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.

69f81540adb0c8cbc20ef3e6f511e5fb6edcbd7a7cb0d9878616ba9233dcd77f

(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 toresolve 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:

cc7bafeaf1c9dae5f1986f25aeb1852bb8a4cd0fae929772698345f27807a289

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.

78181a174a003d7c38695f353e98cc8ee72c64cb29ffa892af93e30fd552ef30

the extent and in the manner which would be provided by the pertinent
appropriations Act.

c0ff718b7cee924615329030a7866acfc769b1771a17ad89aa7c039d8fd10222

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.

a61814195362e58a81314e5bbf4caca300d5b083ca81ede1edd9a6a6cd37fdef

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.

7badc2e9ac371738d8dea57e5b9fc03cb08d2f20a31d04e1d5401e5647da45ef

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.

d4b548714545ece0ed18152984dc0c69013e816cafb953ffff3561297e014f44

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.

f47d76a9554c6e7465b3b36aa78b05aeb76efb1c2befb992303871139580f7a9

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.

dd12eca5a0834a7055dc958d86a1df33cf1e875233fc931a56270b7273bb1837

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.

9b7ef309d4868e0b2d8fd3c406ca41b6e5e1e83bd7139a2bca2114d4f223ddc7

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.

0676a95793b6bdaa64cb70beb0dcae286ca8c021b51060c7113282a3d1074233

covered by this title of this Act shall be considered to have begun on
December 16, 1995.
TITLE II

3135bf8bcb7513c001b16891cc96551c9f3ca09dde2a28f02b9843b40bb0e9d9

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.

9a5758de968b077b5ea30e00dcc671739e1664b30802439d9a27345259b9fc6b

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''.
(b) Effective Date.--
(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.

6e6e6b77d922303f3b435dd5dda825152a46ff31147953e2c754e480d9192951

Continuing Appropriation (seventh)

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.

Continuing Appropriation (seventh) — HR. 1358

Other Sections

Want the full experience?