H. Rept. 115-1006 - AMENDING SECTION 7 OF PUBLIC LAW 100-515 (16 U.S.C. 1244 NOTE) TO PROMOTE CONTINUED USE OF THE JAMES J. HOWARD MARINE SCIENCES LABORATORY AT GATEWAY NATIONAL RECREATION AREA BY THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1006
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AMENDING SECTION 7 OF PUBLIC LAW 100-515 (16 U.S.C. 1244 NOTE) TO
PROMOTE CONTINUED USE OF THE JAMES J. HOWARD MARINE SCIENCES LABORATORY
AT GATEWAY NATIONAL RECREATION AREA BY THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
_______
November 2, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 6434]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6434) to amend section 7 of Public Law 100-515
(16 U.S.C. 1244 note) to promote continued use of the James J.
Howard Marine Sciences Laboratory at Gateway National
Recreation Area by the National Oceanic and Atmospheric
Administration, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 6434 is to amend section 7 of Public
Law 100-515 (16 U.S.C. 1244 note) to promote continued use of
the James J. Howard Marine Sciences Laboratory at Gateway
National Recreation Area by the National Oceanic and
Atmospheric Administration.
Background and Need for Legislation
Currently, the James J. Howard Marine Sciences Laboratory,
owned by the State of New Jersey, is operated by the National
Oceanic and Atmospheric Administration (NOAA) and sits on
National Park Service (NPS) land that is leased by the State.
H.R. 6434 would transfer NPS's ground lease with the State to
NOAA so that the agency may continue to operate the lab and
make improvements.
The Gateway National Recreation Area is a unique asset of
NPS that encompasses roughly 27,000 non-contiguous acres of
land across New York and New Jersey.\1\ This land makes up
three distinct park units: Jamaica Bay, Staten Island, and
Sandy Hook. The Sandy Hook unit, which is located within the
Fort Hancock and Sandy Hook Proving Ground National Historic
Landmark in New Jersey, is the home of the James J. Howard
Marine Science Laboratory.\2\
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\1\https://www.nps.gov/gate/planyourvisit/basicinfo.htm.
\2\Id.
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The James J. Howard Sciences Laboratory opened in October
1993 and replaced a previous marine science laboratory that was
destroyed by a fire in 1985.\3\ The Lab was dedicated and named
after the late Congressman James J. Howard who was a staunch
supporter of the original marine science laboratory.\4\ Located
on the Sandy Hook peninsula, the Lab houses both State and
federal researchers to conduct studies and research in
nearshore and offshore ecology. According to NOAA, this
research strives for ``a better understanding of both coastal
and estuarine organisms and the effects of human activities on
nearshore marine populations.''\5\
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\3\Sandy Hook: A New Lab, A New Era. The New York Times: New Jersey
Weekly. Arthur Kamin. October 10, 1993.
\4\Id.
\5\https://www.commerce.gov/locations/nefsc-james-j-howard-marine-
sciences-laboratory#15/40.4581/-74.0028.
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Under Public Law 100-515, NPS was granted the authority to
enter into a lease with the State of New Jersey for the
property and buildings that were to comprise the Lab after its
construction.\6\ Under the law, the State remains in control of
the property as long as it is used as a marine science lab.\7\
Accordingly, in 1991 New Jersey and NPS entered into a 99 year
ground lease to operate the facility.\8\ While the State
continues to operate the Lab, in 2016 it expressed interest in
transferring the lease to NOAA as the Lab houses a number of
NOAA researchers.\9\
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\6\Public Law 100-515, Section 7, signed October 20, 1988.
\7\Id.
\8\Representative Frank Pallone, letter to Representatives Rob
Bishop and Raul Grijalva, August 29, 2018.
\9\Id.
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H.R. 6434 authorizes the transfer of the NPS lease from New
Jersey to NOAA as long as both are willing parties.\10\
According to a letter to the Committee from the bill sponsor,
``[a]ll parties including the State of New Jersey, NOAA, and
the NPS are supportive of this transfer.''\11\
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\10\H.R. 6434--To amend section 7 of Public Law 100-515 (16 U.S.C.
1244 note) to promote continued use of the James J. Howard Marine
Sciences Laboratory at Gateway National Recreation Area by the National
Oceanic and Atmospheric Administration, Sponsored by Frank Pallone (D-
NJ). Introduced July 18, 2018.
\11\Representative Frank Pallone, letter to Representatives Rob
Bishop and Raul Grijalva, August 29, 2018.
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Section-by-Section Analysis
Section 1. Transfer of the James J. Howard Marine Sciences Laboratory
This section amends section 7 of Public Law 100-515 by
striking a reversion clause and inserting a new subsection that
authorizes New Jersey to transfer its current ground lease with
NPS to NOAA. This section also requires NOAA and NPS to enter
into an agreement regarding the use of the land and facilities
under the lease, stipulating that the land can be used for no
purpose other than operation and support of the James J. Howard
Marine Sciences Laboratory.
Committee Action
H.R. 6434 was introduced on July 18, 2018, by Congressman
Frank Pallone, Jr. (D-NJ). The bill was referred to the
Committee on Natural Resources and within the Committee to the
Subcommittee on Water, Power and Oceans and the Subcommittee on
Federal Lands. On September 27, 2018, the Natural Resources
Committee met to consider the bill. The Subcommittees were
discharged by unanimous consent. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 1, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6434, a bill to
amend section 7 of Public Law 100-515 (16 U.S.C. 1244 note) to
promote continued use of the James J. Howard Marine Sciences
Laboratory at Gateway National Recreation Area by the National
Oceanic and Atmospheric Administration.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director
Enclosure.
H.R. 6434--A bill to amend section 7 of Public Law 100-515 (16 U.S.C.
1244 note) to promote continued use of the James J. Howard
Marine Sciences Laboratory at Gateway National Recreation Area
by the National Oceanic and Atmospheric Administration
Under current law, the state of New Jersey manages the
James J. Howard Marine Sciences Laboratory--which is located on
federal lands in the Gateway National Recreation Area--under a
99-year lease agreement between the state and the National Park
Service (NPS). H.R. 6434 would make the National Oceanic
Atmospheric Administration (NOAA) the lessee instead of New
Jersey.
NOAA currently reimburses the state for the costs of
maintaining the laboratory but not for the lease of the
facility. In addition, under the current lease agreement, the
state pays about $50,000 annually to the NPS. Those payments
are recorded in the budget as offsetting collections and
credited to the discretionary appropriation for managing the
surrounding lands. Transferring the lease from the state to
NOAA would eliminate those collections because payments from
NOAA to the NPS would be intragovernmental; that is, the costs
to NOAA for the lease payments would be equal to the
collections by the NPS and would thus have no net effect on
federal spending. Accordingly, CBO estimates that implementing
the bill would increase net costs by about $250,000 over the
2019-2023 period.
Enacting H.R. 6434 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 6434 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6434 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contacts for this estimate are Janani
Shankaran and Robert Reese. The estimate was reviewed by H.
Samuel Papenfuss, Deputy Assistant Director for Budget
Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend section 7 of Public Law 100-
515 (16 U.S.C. 1244 note) to promote continued use of the James
J. Howard Marine Sciences Laboratory at Gateway National
Recreation Area by the National Oceanic and Atmospheric
Administration.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
PUBLIC LAW 100-515
AN ACT To provide for the establishment of the Coastal Heritage Trail
Route in the State of New Jersey, and for other purposes.
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SEC. 7. REVITALIZATION OF OFFICERS ROW, SANDY HOOK, NEW JERSEY.
(a) Agreement With State.--To further the revitalization,
rehabilitation, and utilization of the area known as ``Officers
Row'' located within the Sandy Hook Unit of the Gateway
National Recreation Area, the Secretary of the Interior, or his
designee, shall enter into an agreement to permit the State of
New Jersey to use and occupy the property depicted on the map
numbered 646/80,003, entitled ``Marine Science Laboratory Land
Assignment'', dated September 1988, for the express purpose of
constructing, developing, and operating, without cost to the
National Park Service, a marine sciences laboratory to be known
as the ``James J. Howard Marine Sciences Laboratory''. The
design of the new facility, the rehabilitation of Building 74,
the design and location of landscaping modifications thereto,
shall be reviewed by, and subject to the approval of, the
Director of the National Park Service or his designee using the
standards for rehabilitation and National Park Service
guidelines and policies approved by the Secretary of the
Interior.
[(b) Reversion.--If the improvements described in subsection
(a) are not used as a marine sciences laboratory by the State
of New Jersey, all use of the property and the improvements
thereon shall revert, without consideration, to the National
Park Service.]
(b) Transfer From the State to the National Oceanic and
Atmospheric Administration.--
(1) In general.--Notwithstanding any other provision
of law, or the provisions of the August 13, 1991,
Ground Lease Agreement (``Lease'') between the
Department of the Interior and the State of New Jersey
(``State''), upon notice to the National Park Service,
the State may transfer without consideration, and the
National Oceanic and Atmospheric Administration may
accept, all State improvements within the land
assignment and right of way, including the James J.
Howard Marine Sciences Laboratory (``Laboratory''), two
parking lots, and the seawater supply and backflow
pipes as generally depicted on the map entitled
``Gateway National Recreation Area, James J. Howard
Marine Science Laboratory Land Assignment'', numbered
646/142,581A, and dated April 2018 (``Map'') and any
related State personal property.
(2) Lease amendment.--Upon the transfer authorized in
paragraph (1), the Lease shall be amended to exclude
any obligations of the State and the Department of the
Interior related to the Laboratory and associated
property and improvements transferred to the National
Oceanic and Atmospheric Administration. However, all
obligations of the State to rehabilitate Building 74
and modify landscaping on the surrounding property as
depicted on the Map, under the Lease and pursuant to
subsection (a), shall remain in full force and effect.
(3) Use by the national oceanic and atmospheric
administration.--Upon the transfer authorized in
paragraph (1), the Administrator of the National
Oceanic and Atmospheric Administration is authorized to
use the land generally depicted on the Map as a land
assignment and right of way and associated land and
appurtenances for continued use of the Laboratory,
including providing maintenance and repair, and access
to the Laboratory, the parking lots and the seawater
supply and back flow pipes, without consideration,
except for reimbursement to the National Park Service
of agreed upon reasonable actual costs of subsequently
provided goods and services.
(4) Agreement between the national park service and
the national oceanic and atmospheric administration.--
Upon the transfer authorized in paragraph (1), the
Director of the National Park Service and the
Administrator of the National Oceanic and Atmospheric
Administration shall enter into an agreement addressing
responsibilities pertaining to the use of the land
assignment within the Sandy Hook Unit of the Gateway
National Recreation Area as authorized in paragraph
(3). The agreement shall prohibit any new construction
on this land, permanent or nonpermanent, or significant
alteration to the exterior of the Laboratory, without
National Park Service approval.
(5) Restoration.--
(A) Notwithstanding any provision of the
Lease to the contrary, if the State does not
transfer the improvements as authorized in
paragraph (1), and these improvements are not
used as or in support of a marine science
laboratory, the State shall demolish and remove
the improvements and restore the land in
accordance with the standards set forth by the
National Park Service, free of unacceptable
encumbrances and in compliance with all
applicable laws and regulations regarding known
contaminants.
(B) If the National Oceanic and Atmospheric
Administration accepts the improvements as
authorized in paragraph (1) and these
improvements are not used as or in support of a
marine science laboratory, the National Oceanic
and Atmospheric Administration shall be
responsible for demolishing and removing these
improvements and restoring the land, in
accordance with the standards set forth by the
National Park Service, free of unacceptable
encumbrances and in compliance with all
applicable laws and regulations regarding known
contaminants.
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