II

104TH CONGRESS

1ST SESSION S. 261

To authorize the Secretary of Commerce to permit the use and occupancy

of certain lands within the jurisdiction of the National Oceanic and

Atmospheric Administration for recreational and public uses.

IN THE SENATE OF THE UNITED STATES

JANUARY 23 (legislative day, JANUARY 10), 1995

Mr. AKAKA introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To authorize the Secretary of Commerce to permit the use

and occupancy of certain lands within the jurisdiction

of the National Oceanic and Atmospheric Administration

for recreational and public uses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. USE AND OCCUPANCY OF LANDS FOR REC4 REATIONAL AND PUBLIC USES.

5 (a) AUTHORITY OF THE SECRETARY OF COM6 MERCE.—

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

8 (hereafter in this Act referred to as the ‘‘Secretary’’)
2

•S 261 IS

1 may, under such terms and conditions as the Sec2 retary may prescribe by regulation, issue permits in

3 accordance with this section for the public and rec4 reational use and occupancy of suitable lands under

5 the jurisdiction of the National Oceanic and Atmos6 pheric Administration, if such use or occupancy is

7 compatible with and will not interfere with or reduce

8 the effectiveness of the purposes for which the Na9 tional Oceanic and Atmospheric Administration is to

10 operate the site.

11 (b) PERMITS.—Each permit issued under subsection

12 (a)—

13 (1) shall be issued for a term of 30 years, un14 less the Secretary determines that—

15 (A) the facilities or operations to which the

16 permit relates are likely to require long-term fi17 nancing or operation; or

18 (B) there are public policy reasons specific

19 to the permit for a shorter permit term;

20 (2) shall encompass such acreage as the Sec21 retary determines to be appropriate to accommodate

22 the permittee’s needs, including needs relating to

23 public use and appropriate ancillary facilities;

24 (3) may be renewed at the discretion of the

25 Secretary;
3

•S 261 IS

1 (4) may be canceled by the Secretary in whole

2 or in part—

3 (A) for any violation of the permit terms

4 and conditions or for nonpayment of permit

5 fees; or

6 (B) upon the determination of the Sec7 retary that the land to which the permit relates

8 is needed for Federal purposes;

9 (5) may be modified by the Secretary to accom10 modate changes in plans or operations;

11 (6) shall be subject to such reasonable terms

12 and conditions as the Secretary determines to be ap13 propriate; and

14 (7) shall be subject to a permit fee based on

15 fair market value.

16 (c) DISPOSITION OF PERMIT REVENUES.—

17 (1) DEPOSIT.—Revenues of $1,000,000 or less

18 received in any fiscal year in connection with permit

19 fees authorized under subsection (b)(7) shall be de20 posited in an account established by the Secretary of

21 the Treasury in the Treasury of the United States.

22 (2) APPROPRIATION.—Revenues deposited in

23 accordance with paragraph (1) may be appropriated

24 to the Secretary of Commerce for the administration
4

•S 261 IS

1 of lands under the jurisdiction of the National Oce2 anic and Atmospheric Administration.

3 (3) EXCESS.—Any revenues in excess of

4 $1,000,000 received in any fiscal year in connection

5 with permit fees authorized under subsection (b)(7)

6 shall be deposited to the general fund of the Treas7 ury of the United States as miscellaneous receipts.

Æ