[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:
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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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