In the Senate of the United States,
December 22, 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 1358) entitled ‘‘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.’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. CONVEYANCES.
(a) NATIONAL MARINE FISHERIES SERVICE LABORA-
TORY 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 Ave-
nue in Gloucester, Massachusetts.
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(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 prop-
erty 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 memo-
randum of understanding with the Common-
wealth of Massachusetts under which the Na-
tional 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 un-
derstanding is for a period of not longer
than 5 years beginning on the date of enact-
ment of this Act; and
(ii) the square footage of the space to
be occupied by the National Marine Fish-
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eries 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 Ma-
rine 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 con-
veyed under this section.
(b) PIER IN CHARLESTON, SOUTH CAROLINA.—Sec-
tion 22(a) of the Marine Mammal Protection Act Amend-
ments of 1994 (Pub. 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 Sec-
retary of the Navy may convey, without payment or
other consideration, to the Secretary of Commerce, all
right, title, and interest to the property comprising
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that portion of the Naval Base, Charleston, South
Carolina, bounded by Hobson Avenue, the Cooper
River, the landward extension of the property line lo-
cated 70 feet northwest of and parallel to the center-
line 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 asso-
ciated 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 John-
son, South Carolina, provided that the annual cost of leas-
ing the required lands does not exceed one dollar.
(b) AUKE CAPE.—The Secretary of Commerce, through
the Under Secretary of Commerce for Oceans and Atmos-
phere, is authorized to construct a facility on Auke Cape
near Juneau, Alaska, to provide consolidated office and lab-
oratory space for National Oceanic and Atmospheric Ad-
ministration personnel in Juneau, provided that the prop-
erty for such facility is transferred to the National Oceanic
and Atmospheric Administration from the United States
Coast Guard or the City of Juneau.
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(c) COMPLETION DATE FOR FUNDED WORK.—The Sec-
retary of Commerce shall complete the architectural and en-
gineering 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 author-
izations 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 prod-
ucts 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—
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(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 ac-
tivities 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 sec-
tion, and after consultation with the Secretary of the Inte-
rior, the State of Alaska, and local entities and residents
of the Pribilof Islands, the Secretary of Commerce shall sub-
mit to the Committee on Commerce, Science, and Transpor-
tation 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 re-
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solve all claims with respect to, and permit the final imple-
mentation, 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 en-
tities 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 in-
clude 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 Is-
lands.
(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 Fed-
eral 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
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for an activity, and the Secretary specifies in writing that
such skills are not available through local entities and resi-
dents of the Pribilof Islands.
(e) DEFINITION.—For the purposes of this section, the
term ‘‘clean up’’ means the planning and execution of reme-
diation actions for lands described in subsection (a) and
the redevelopment of landfills to meet statutory require-
ments.
(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.
Attest:
Secretary.