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 Massachu-
setts 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 mainte-
nance 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 Sec-
retary 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 Common-
wealth of Massachusetts uses any of the property for any pur-
pose other than the Commonwealth of Massachusetts Division
of Marine Fisheries resource management program.
H. R. 1358—2
(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 appro-
priated for that work.
(d) AVAILABILITY OF APPROPRIATIONS.—The authorizations con-
tained 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, includ-
ing 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 trans-
ferred 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.
H. R. 1358—3
(b) OBLIGATIONS OF SECRETARY.—In carrying out cleanup activi-
ties 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, enti-
ties, 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 over-
head, delay, and duplication of State and local planning and
design work;
(3) receive approval from the State of Alaska for agree-
ments 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 con-
sultation 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 appro-
priate.
(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 resi-
dents 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
H. R. 1358—4
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 Pub-
lic 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 Appropria-
tions Act, 1996 (H.R. 2099), as passed by the House of Rep-
resentatives on December 7, 1995;
All projects and activities directly related to the security
of United States diplomatic posts and facilities abroad, notwith-
standing 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 Appro-
priations 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 Manage-
ment Agency: Provided, That, notwithstanding any other provi-
sion 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;
H. R. 1358—5
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 depend-
ents 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 Representa-
tives on August 4, 1995;
All projects and activities of the Federal Bureau of Inves-
tigation, 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 Immigra-
tion Review, necessary for the investigation and prosecution
of criminal and civil offenses; national security; the apprehen-
sion, 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 explana-
tory 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 Agen-
cies 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 Financ-
ing 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 Fed-
eral 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’’
H. R. 1358—7
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 Appropria-
tions Act, 1996 (H.R. 1977), as passed by the House of Rep-
resentatives 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 Edu-
cation;
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 Bene-
fits for Disabled Coal Miners’’ in the Social Security Administra-
tion:
Provided, That whenever the amount which would be made avail-
able 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
H. R. 1358—8
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 appropria-
tions 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 appropria-
tion, 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.
H. R. 1358—9
(2) LAPSED PROVISIONS OF LAW AND CONTRACTS.—The provi-
sions 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.