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.
PL 104-91 (H.R.1358), enacted 01/06/1996

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 Massachu- 
, 
„ ^ „„„ 
setts the National Marine Fisheries Service laboratory located on Emerson Avenue 
——'. 
in Gloucester, Massachusetts. 
[H.R. 1358] 
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 pajnnent 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 imder this subsection, the Commonwealth of 
Massachusetts shall assume fiill 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 understsinding 
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. 
29-139 O - 96 (91) 
110 STAT. 8 
PUBLIC LAW 104-91-^AN. 6, 1996 
South Carolina. 
Alaska. 
Alaska. 
Hazardous 
wastes. 
16 use 1165 
note. 
(5) RESTRICTION.—^Amounts provided by the South Essex 
Sewage District may not be used by the CommonwesQth 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 (Pubhc 
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 pa5nnent 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 avEolability 
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 obUgated 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. 
PUBLIC LAW 104-91—JAN. 6, 1996 
110 STAT. 9 
(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 luider 
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 Reports, 
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 
"cle£in 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 
29-194 O - 96 - 2 : QL 3 Part 1 
110 STAT. 10 
PUBLIC LAW 1 0 4 - 9 1 - J A N . 6, 1996 
years 1996, 1997, and 1998 for the purposes of carrying out this 
section. 
Appropriations. 
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, £ind Related Programs Appropriations Act, 1996 
(H.R. 1868), as passed by the House of Representatives on 
October 31,1995; 
All activities, including administrative expenses, necesseiry 
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 accoimt" 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; 
PUBLIC LAW 1 0 4 - 9 1 - J A N . 6, 1996 
110 STAT. 11 
All retirement pay and medical benefits for Public Health 
Services Commissioned Officers as authorized by law, and for 
pa3anents 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" imder 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 Unemplojrment Benefits and Allowances" under the 
Employment and Training Administration in the Department 
of Labor; 
Pa3anents 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" 
110 STAT. 12 
PUBLIC LAW 104-91—JAN. 6, 1996 
under the Health Care Financing Administration in the Depart-
ment of Health and Human Services; 
All projects and activities funded under the account head-
ing "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 head-
ing "Surety Bond Guarantees Revolving Fxmd" under the Small 
Business Administration at a rate for operations, notwithstand-
ing any other provision of this Act, provided for in the con-
ference report and joint explanatory statement of the Commit-
tee 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 visi-
tors 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 head-
ing "Disease Control, Research, and Training" under the Cen-
ters for Disease Control £ind Prevention in the Department 
of Health and Human Services at a rate for operations, notwith-
standing 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 Depart-
ment of the Interior or under the account heading "Indian 
Health Services" under the Indian HegQth Service in the Depart-
ment of Health and Human Services at a rate for operations, 
notwithstanding any other provision of this Act, provided for 
PUBLIC LAW 104-91—JAN:^, 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 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 Kendsdl Demonstration Elementary School and 
the Model Secondairy 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 
Pa3anents 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 imder 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, fiind, 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 
Termination 
date. 
Coverage. 
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 gr£inted 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 
Arizona. 
Arizona. 
25 use 390 note. 
25 use 390 note. 
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 PubHc 
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. 
PUBLIC LAW 104-91-JAN. 6, 1996 
110 STAT. 15 
(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), (])> and 
(1) 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. 
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.