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Pub.L. 104-92 Making appropriations for certain activities for the fiscal year 1996, and for other purposes. <> ...


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[[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 

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