Text: H.R.1358 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-91 (01/06/1996)

 
[104th Congress Public Law 91]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ91.104]


[[Page 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. <<NOTE: Jan. 6, 
                         1996 -  [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 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.

[[Page 110 STAT. 8]]

            (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) <<NOTE: South Carolina.>> 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) <<NOTE: Alaska.>> 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. <<NOTE: Alaska. Hazardous wastes. 16 USC 1165 
            note.>> 

    (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.

[[Page 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) <<NOTE: Reports.>> 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

[[Page 110 STAT. 10]]

years 1996, 1997, and 1998 for the purposes of carrying out this 
section.

TITLE I <<NOTE: Appropriations.>> 

    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;

[[Page 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''

[[Page 110 STAT. 12]]

        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

[[Page 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

[[Page 110 STAT. 14]]

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. <<NOTE: Termination date.>> 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. <<NOTE: Coverage.>> 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.  <<NOTE: Arizona.>> 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.  <<NOTE: Arizona.>> 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) <<NOTE: 25 USC 390 note.>>  is amended by striking ``December 31, 
1995'' and inserting ``December 31, 1996''.

    (b) <<NOTE: 25 USC 390 note.>> Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        take effect as of December 31, 1995.

[[Page 110 STAT. 15]]

            (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.

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.

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