Library / Laws / 115th / hr / H.R. 6434 / Reported in House
IB
Union Calendar No. 787
115th CONGRESS
2d Session
H. R. 6434
[Report No. 115–1006]
IN THE HOUSE OF REPRESENTATIVES
July 18, 2018
Mr. Pallone introduced the following bill; which was referred to the Committee on Natural Resources
November 2, 2018
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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.
1.
Transfer of the James J. Howard Marine Sciences Laboratory
Section 7 of Public Law 100–515 (16 U.S.C. 1244 note) is amended by striking subsection (b) and
inserting the following:
(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.
.
November 2, 2018
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed