PUBLIC LAW 104–91—JAN. 6, 1996 110 STAT. 7

Public Law 104–91

104th Congress

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.

Jan. 6, 1996

[H.R. 1358]

110 STAT. 8 PUBLIC LAW 104–91—JAN. 6, 1996

(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.

Alaska.

Hazardous

wastes.

16 USC 1165

note.

Alaska.

South Carolina.

PUBLIC LAW 104–91—JAN. 6, 1996 110 STAT. 9

(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

Reports.

110 STAT. 10 PUBLIC LAW 104–91—JAN. 6, 1996

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;

Appropriations.

PUBLIC LAW 104–91—JAN. 6, 1996 110 STAT. 11

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’’

110 STAT. 12 PUBLIC LAW 104–91—JAN. 6, 1996

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

PUBLIC LAW 104–91—JAN. 6, 1996 110 STAT. 13

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

110 STAT. 14 PUBLIC LAW 104–91—JAN. 6, 1996

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’’.

(b) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendment made by subsection (a)

shall take effect as of December 31, 1995.

25 USC 390 note.

25 USC 390 note.

Arizona.

Arizona.

Coverage.

Termination

date.

PUBLIC LAW 104–91—JAN. 6, 1996 110 STAT. 15

LEGISLATIVE HISTORY—H.R. 1358:

HOUSE REPORTS: No. 104–287 (Comm. on Resources).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Oct. 30, considered and passed House.

Dec. 22, considered and passed Senate, amended.

Vol. 142 (1996): Jan. 5, House concurred in Senate amendment with an

amendment. Senate concurred in House amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Jan. 6, Presidential statement.

Æ

(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.

Approved January 6, 1996.