In the Senate of the United States,

December 22, 1995.

Resolved, That the bill from the House of Representatives (H.R. 1358) entitled ‘‘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.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. CONVEYANCES.

2 (a) NATIONAL MARINE FISHERIES SERVICE LABORA3 TORY AT GLOUCESTER, MASSACHUSETTS.—

4 (1) IN GENERAL.—The Secretary of Commerce

5 shall convey to the Commonwealth of Massachusetts,

6 all right, title, and interest of the United States in

7 and to the property comprising the National Marine

8 Fisheries Service laboratory located on Emerson Ave9 nue in Gloucester, Massachusetts.
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1 (2) TERMS.—A conveyance of property under

2 paragraph (1) shall be made—

3 (A) without payment of consideration; and

4 (B) subject to the terms and conditions

5 specified under paragraphs (3) and (4).

6 (3) CONDITIONS FOR TRANSFER.—

7 (A) IN GENERAL.—As a condition of any

8 conveyance of property under this subsection, the

9 Commonwealth of Massachusetts shall assume

10 full responsibility for maintenance of the prop11 erty for as long as the Commonwealth retains the

12 right and title to that property.

13 (B) CONTINUED USE OF PROPERTY BY

14 NMFS.—The Secretary may enter into a memo15 randum of understanding with the Common16 wealth of Massachusetts under which the Na17 tional Marine Fisheries Service is authorized to

18 occupy existing laboratory space on the property

19 conveyed under this subsection, if—

20 (i) the term of the memorandum of un21 derstanding is for a period of not longer

22 than 5 years beginning on the date of enact23 ment of this Act; and

24 (ii) the square footage of the space to

25 be occupied by the National Marine Fish-
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1 eries Service does not conflict with the needs

2 of, and is agreeable to, the Commonwealth

3 of Massachusetts.

4 (4) REVERSIONARY INTEREST.—All right, title,

5 and interest in and to all property conveyed under

6 this subsection shall revert to the United States on the

7 date on which the Commonwealth of Massachusetts

8 uses any of the property for any purpose other than

9 the Commonwealth of Massachusetts Division of Ma10 rine Fisheries resource management program.

11 (5) RESTRICTION.—Amounts provided by the

12 South Essex Sewage District may not be used by the

13 Commonwealth of Massachusetts to transfer existing

14 activities to, or conduct activities at, property con15 veyed under this section.

16 (b) PIER IN CHARLESTON, SOUTH CAROLINA.—Sec17 tion 22(a) of the Marine Mammal Protection Act Amend18 ments of 1994 (Pub. Law 103–238; 108 Stat. 561) is

19 amended—

20 (1) by inserting ‘‘(1)’’ before ‘‘Not’’; and

21 (2) by adding at the end thereof the following:

22 ‘‘(2) Not later than December 31, 1996, the Sec23 retary of the Navy may convey, without payment or

24 other consideration, to the Secretary of Commerce, all

25 right, title, and interest to the property comprising
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1 that portion of the Naval Base, Charleston, South

2 Carolina, bounded by Hobson Avenue, the Cooper

3 River, the landward extension of the property line lo4 cated 70 feet northwest of and parallel to the center5 line of Pier Q, and the northwest property line of the

6 parking area associated with Pier R. The property

7 shall include Pier Q, all towers and outbuildings on

8 that property, and walkways and parking areas asso9 ciated with those buildings and Pier Q.’’.

10 SEC. 2. FISHERIES RESEARCH FACILITIES.

11 (a) FORT JOHNSON.—The Secretary of Commerce,

12 through the Under Secretary of Commerce for Oceans and

13 Atmosphere, is authorized to construct on land to be leased

14 from the State of South Carolina, a facility at Fort John15 son, South Carolina, provided that the annual cost of leas16 ing the required lands does not exceed one dollar.

17 (b) AUKE CAPE.—The Secretary of Commerce, through

18 the Under Secretary of Commerce for Oceans and Atmos19 phere, is authorized to construct a facility on Auke Cape

20 near Juneau, Alaska, to provide consolidated office and lab21 oratory space for National Oceanic and Atmospheric Ad22 ministration personnel in Juneau, provided that the prop23 erty for such facility is transferred to the National Oceanic

24 and Atmospheric Administration from the United States

25 Coast Guard or the City of Juneau.
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1 (c) COMPLETION DATE FOR FUNDED WORK.—The Sec2 retary of Commerce shall complete the architectural and en3 gineering work for the facilities described in subsections (a)

4 and (b) by not later than May 1, 1996, using funds that

5 have been previously appropriated for that work.

6 (d) AVAILABILITY OF APPROPRIATIONS.—The author7 izations contained in subsections (a) and (b) are subject to

8 the availability of appropriations provided for the purpose

9 stated in this section.

10 SEC. 3. PRIBILOF ISLANDS.

11 (a) IN GENERAL.—The Secretary of Commerce shall,

12 subject to the availability of appropriations provided for

13 the purposes of this section, clean up landfills, wastes,

14 dumps, debris, storage tanks, property, hazardous or unsafe

15 conditions, and contaminants, including petroleum prod16 ucts and their derivatives, left by the National Oceanic and

17 Atmospheric Administration on lands which it and its

18 predecessor agencies abandoned, quitclaimed, or otherwise

19 transferred or are obligated to transfer, to local entities or

20 residents on the Pribilof Islands, Alaska, pursuant to the

21 Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), as amended,

22 or other applicable law.

23 (b) OBLIGATIONS OF SECRETARY.—In carrying out

24 cleanup activities under subsection (a), the Secretary of

25 Commerce shall—
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1 (1) to the maximum extent practicable, execute

2 agreements with the State of Alaska, and affected

3 local governments, entities, and residents eligible to

4 receive conveyance of lands under the Fur Seal Act of

5 1966 (16 U.S.C. 1161 et seq.) or other applicable law;

6 (2) manage such activities with the minimum

7 possible overhead, delay, and duplication of State and

8 local planning and design work;

9 (3) receive approval from the State of Alaska for

10 agreements described in paragraph (1) where such ac11 tivities are required by State law;

12 (4) receive approval from affected local entities

13 or residents before conducting such activities on their

14 property; and

15 (5) not seek or require financial contributions by

16 or from local entities or landowners.

17 (c) RESOLUTION OF FEDERAL RESPONSIBILITIES.—

18 (1) Within 9 months after the date of enactment of this sec19 tion, and after consultation with the Secretary of the Inte20 rior, the State of Alaska, and local entities and residents

21 of the Pribilof Islands, the Secretary of Commerce shall sub22 mit to the Committee on Commerce, Science, and Transpor23 tation of the Senate, and the Committee on Resources of

24 the House of Representatives, a report proposing necessary

25 actions by the Secretary of Commerce and Congress to re-
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1 solve all claims with respect to, and permit the final imple2 mentation, fulfillment and completion of—

3 (A) title II of the Fur Seal Act Amendments of

4 1983 (16 U.S.C. 1161 et seq.);

5 (B) the land conveyance entitlements of local en6 tities and residents of the Pribilof Islands under the

7 Alaska Native Claims Settlement Act (43 U.S.C. 1601

8 et seq.);

9 (C) the provisions of this section; and

10 (D) any other matters which the Secretary deems

11 appropriate.

12 (2) The report required under paragraph (1) shall in13 clude the estimated costs of all actions, and shall contain

14 the statements of the Secretary of Commerce, the Secretary

15 of the Interior, any statement submitted by the State of

16 Alaska, and any statements of claims or recommendations

17 submitted by local entities and residents of the Pribilof Is18 lands.

19 (d) USE OF LOCAL ENTITIES.—Notwithstanding any

20 other law to the contrary, the Secretary of Commerce shall,

21 to the maximum extent practicable, carry out activities

22 under subsection (a) and fulfill other obligations under Fed23 eral and State law relating to the Pribilof Islands, through

24 grants or other agreements with local entities and residents

25 of the Pribilof Islands, unless specialized skills are needed
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1 for an activity, and the Secretary specifies in writing that

2 such skills are not available through local entities and resi3 dents of the Pribilof Islands.

4 (e) DEFINITION.—For the purposes of this section, the

5 term ‘‘clean up’’ means the planning and execution of reme6 diation actions for lands described in subsection (a) and

7 the redevelopment of landfills to meet statutory require8 ments.

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated not to exceed $10,000,000 in

11 each of fiscal years 1996, 1997, and 1998 for the purposes

12 of carrying out this section.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1358

AMENDMENT