106TH CONGRESS2D SESSION H. R. 5086

AN ACTTo amend the National Marine Sanctuaries Act of honor

Dr. Nancy Foster, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

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SECTION 1. SHORT TITLE.1

This Act may be cited as the ‘‘Coastal and Fisheries2

Improvement Act of 2000’’.3

SEC. 2. TABLE OF CONTENTS.4

The table of contents for this Act is as follows:5

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—NATIONAL MARINE SANCTUARIES

Sec. 101. Short title.

Sec. 102. Amendment of National Marine Sanctuaries Act.

Sec. 103. Changes in findings, purposes, and policies; establishment of system.

Sec. 104. Changes in definitions.

Sec. 105. Changes relating to sanctuary designation standards.

Sec. 106. Changes in procedures for sanctuary designation and implementation.

Sec. 107. Changes in activities prohibited.

Sec. 108. Changes in enforcement provisions.

Sec. 109. Additional regulations authority.

Sec. 110. Changes in research, monitoring, and education provisions.

Sec. 111. Changes in special use permit provisions.

Sec. 112. Changes in cooperative agreements provisions.

Sec. 113. Changes in provisions concerning destruction, loss, or injury.

Sec. 114. Authorization of appropriations.

Sec. 115. Changes in U.S.S. MONITOR provisions.

Sec. 116. Changes in advisory council provisions.

Sec. 117. Changes in the support enhancement provisions.

Sec. 118. Establishment of Dr. Nancy Foster Scholarship Program.

Sec. 119. Clerical amendments.

TITLE II—MISCELLANEOUS FISHERY STATUTE

REAUTHORIZATIONS

Sec. 201. Marine fish program.

Sec. 202. Interjurisdictional Fisheries Act of 1986 amendments.

Sec. 203. Anadromous Fish Conservation Act amendments.

TITLE III—REIMBURSEMENT OF EXPENSES

Sec. 301. Reimbursement of expenses.

TITLE IV—EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER

FISHERMEN’S PROTECTIVE ACT OF 1967

Sec. 401. Short title.

Sec. 402. Extension of period for reimbursement under Fishermen’s Protective

Act of 1967.

TITLE V—YUKON RIVER SALMON

Sec. 501. Short title.

Sec. 502. Yukon River Salmon Panel.

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Sec. 503. Advisory committee.

Sec. 504. Exemption.

Sec. 505. Authority and responsibility.

Sec. 506. Administrative matters.

Sec. 507. Yukon River salmon stock restoration and enhancement projects.

Sec. 508. Authorization of appropriations.

TITLE VI—FISHERY INFORMATION ACQUISITION

Sec. 601. Short title.

Sec. 602. Acquisition of fishery survey vessels.

TITLE VII—ATLANTIC COASTAL FISHERIES

Subtitle A—Atlantic Striped Bass Conservation

Sec. 701. Reauthorization of Atlantic Striped Bass Conservation Act.

Sec. 702. Population study of striped bass.

Subtitle B—Atlantic Coastal Fisheries Cooperative Management

Sec. 703. Short title.

Sec. 704. Reauthorization of Atlantic Coastal Fisheries Cooperative Manage-

ment Act.

TITLE VIII—PACIFIC SALMON RECOVERY

Sec. 801. Short title.

Sec. 802. Salmon conservation and salmon habitat restoration assistance.

Sec. 803. Receipt and use of assistance.

Sec. 804. Public participation.

Sec. 805. Consultation not required.

Sec. 806. Reports.

Sec. 807. Definitions.

Sec. 808. Pacific Salmon Treaty.

Sec. 809. Treatment of International Fishery Commission pensioners.

Sec. 810. Authorization of appropriations.

TITLE IX—MISCELLANEOUS TECHNICAL AMENDMENTS TO

INTERNATIONAL FISHERIES ACTS

Sec. 901. Great Lakes Fishery Act of 1956.

Sec. 902. Tuna Conventions Act of 1950.

Sec. 903. Atlantic Tunas Convention Act of 1975.

Sec. 904. North Pacific Anadromous Stocks Act of 1992.

Sec. 905. High Seas Fishing Compliance Act of 1995.

TITLE X—PRIBILOF ISLANDS

Sec. 1001. Short title.

Sec. 1002. Purpose.

Sec. 1003. Fur Seal Act of 1996 defined.

Sec. 1004. Financial assistance for Pribilof Islands under Fur Seal Act of

1966.

Sec. 1005. Disposal of property.

Sec. 1006. Termination of responsibilities.

Sec. 1007. Technical and clarifying amendments.

Sec. 1008. Authorization of appropriations.

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TITLE XI—SHARK FINNING

Sec. 1101. Short title.

Sec. 1102. Purpose.

Sec. 1103. Prohibition on removing shark fin and discarding shark carcass at

sea.

Sec. 1104. Regulations.

Sec. 1105. International negotiations.

Sec. 1106. Report to Congress.

Sec. 1107. Research.

Sec. 1108. Western Pacific longline fisheries cooperative research program.

Sec. 1109. Shark-finning defined.

Sec. 1110. Authorization of appropriations.

TITLE XII—JOHN H. PRESCOTT MARINE MAMMAL RESCUE

ASSISTANCE GRANT PROGRAM

Sec. 1201. Short title.

Sec. 1202. John H. Prescott Marine Mammal Rescue Assistance Grant Pro-

gram.

Sec. 1203. Study of the eastern gray whale population.

TITLE I—NATIONAL MARINE1

SANCTUARIES2

SEC. 101. SHORT TITLE.3

This title may be cited as the ‘‘National Marine Sanc-4

tuaries Amendments Act of 2000’’.5

SEC. 102. AMENDMENT OF NATIONAL MARINE SANC-6

TUARIES ACT.7

Except as otherwise expressly provided, whenever in8

this title an amendment or repeal is expressed in terms9

of an amendment or repeal to, or repeal of, a section or10

other provision, the reference shall be considered to be11

made to a section or other provision of the National Ma-12

rine Sanctuaries Act (16 U.S.C. 1431 et seq.).13

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SEC. 103. CHANGES IN FINDINGS, PURPOSES, AND POLI-1

CIES; ESTABLISHMENT OF SYSTEM.2

(a) CLERICAL AMENDMENT.—The heading for sec-3

tion 301 (16 U.S.C. 1431) is amended to read as follows:4

‘‘SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTAB-5

LISHMENT OF SYSTEM.’’.6

(b) FINDINGS.—Section 301(a) (16 U.S.C. 1431(a))7

is amended—8

(1) in paragraph (2) by striking ‘‘research, edu-9

cational, or esthetic’’ and inserting ‘‘scientific, edu-10

cational, cultural, archaeological, or esthetic’’;11

(2) in paragraph (3) by adding ‘‘and’’ after the12

semicolon; and13

(3) by striking paragraphs (4), (5), and (6) and14

inserting the following:15

‘‘(4) a Federal program which establishes areas16

of the marine environment which have special con-17

servation, recreational, ecological, historical, cultural,18

archaeological, scientific, educational, or esthetic19

qualities as national marine sanctuaries managed as20

the National Marine Sanctuary System will—21

‘‘(A) improve the conservation, under-22

standing, management, and wise and sustain-23

able use of marine resources;24

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‘‘(B) enhance public awareness, under-1

standing, and appreciation of the marine envi-2

ronment; and3

‘‘(C) maintain for future generations the4

habitat, and ecological services, of the natural5

assemblage of living resources that inhabit6

these areas.’’.7

(c) PURPOSES AND POLICIES.—Section 301(b) (168

U.S.C. 1431(b)) is amended—9

(1) by striking ‘‘significance;’’ in paragraph (1)10

and inserting ‘‘significance and to manage these11

areas as the National Marine Sanctuary System;’’;12

(2) by striking paragraphs (3), (4), and (9);13

(3) by redesignating paragraphs (5) through14

(8) as paragraphs (6) through (9), respectively;15

(4) by inserting after paragraph (2) the fol-16

lowing:17

‘‘(3) to maintain the natural biological commu-18

nities in the national marine sanctuaries, and to pro-19

tect, and, where appropriate, restore and enhance20

natural habitats, populations, and ecological proc-21

esses;22

‘‘(4) to enhance public awareness, under-23

standing, appreciation, and wise and sustainable use24

of marine environment, and the natural, historical,25

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cultural, and archaeological resources of the Na-1

tional Marine Sanctuary System;2

‘‘(5) to support, promote, and coordinate sci-3

entific research on, and long-term monitoring of, the4

resources of these marine areas;’’;5

(5) in paragraph (8), as redesignated, by strik-6

ing ‘‘areas;’’ and inserting ‘‘areas, including the ap-7

plication of innovative management techniques;8

and’’; and9

(6) in paragraph (9), as redesignated, by strik-10

ing ‘‘; and’’ and inserting a period.11

(d) ESTABLISHMENT OF SYSTEM.—Section 301 is12

amended by adding at the end the following:13

‘‘(c) ESTABLISHMENT OF SYSTEM.—There is estab-14

lished the National Marine Sanctuary System, which shall15

consist of national marine sanctuaries designated in ac-16

cordance with this title.’’.17

SEC. 104. CHANGES IN DEFINITIONS.18

(a) DAMAGES.—Paragraph (6) of section 302 (1619

U.S.C. 1432) is amended—20

(1) by striking ‘‘and’’ after the semicolon at the21

end of subparagraph (B); and22

(2) by adding after subparagraph (C) the fol-23

lowing:24

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‘‘(D) the cost of curation and conservation1

of archaeological, historical, and cultural sanc-2

tuary resources; and3

‘‘(E) the cost of enforcement actions un-4

dertaken by the Secretary in response to the de-5

struction or loss of, or injury to, a sanctuary re-6

source;’’.7

(b) RESPONSE COSTS.—Paragraph (7) of such sec-8

tion is amended by inserting ‘‘, including costs related to9

seizure, forfeiture, storage, or disposal arising from liabil-10

ity under section 312’’ after ‘‘injury’’ the second place it11

appears.12

(c) SANCTUARY RESOURCE.—Paragraph (8) of such13

section is amended by striking ‘‘research, educational,’’14

and inserting ‘‘educational, cultural, archaeological, sci-15

entific,’’.16

(d) SYSTEM.—Such section is further amended—17

(1) by striking ‘‘and’’ after the semicolon at the18

end of paragraph (8);19

(2) by striking the period at the end of para-20

graph (9) and inserting ‘‘; and’’; and21

(3) by adding at the end the following:22

‘‘(10) ‘System’ means the National Marine23

Sanctuary System established by section 301.’’.24

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SEC. 105. CHANGES RELATING TO SANCTUARY DESIGNA-1

TION STANDARDS.2

(a) STANDARDS.—Section 303(a)(1) (16 U.S.C.3

1433(a)(1)) is amended to read as follows:4

‘‘(1) determines that—5

‘‘(A) the designation will fulfill the pur-6

poses and policies of this title;7

‘‘(B) the area is of special national signifi-8

cance due to—9

‘‘(i) its conservation, recreational, eco-10

logical, historical, scientific, cultural, ar-11

chaeological, educational, or esthetic quali-12

ties;13

‘‘(ii) the communities of living marine14

resources it harbors; or15

‘‘(iii) its resource or human-use val-16

ues;17

‘‘(C) existing State and Federal authorities18

are inadequate or should be supplemented to19

ensure coordinated and comprehensive con-20

servation and management of the area, includ-21

ing resource protection, scientific research, and22

public education;23

‘‘(D) designation of the area as a national24

marine sanctuary will facilitate the objectives in25

subparagraph (C); and26

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‘‘(E) the area is of a size and nature that1

will permit comprehensive and coordinated con-2

servation and management; and’’.3

(b) FACTORS; REPEAL OF REPORT REQUIREMENT.—4

Section 303(b) (16 U.S.C. 1433(b)) is amended—5

(1) in paragraph (1) by striking ‘‘and’’ at the6

end of subparagraph (H), by striking the period at7

the end of subparagraph (I) and inserting a semi-8

colon, and by adding at the end the following:9

‘‘(J) the areas’s scientific value and value10

for monitoring the resources and natural proc-11

esses that occur there;12

‘‘(K) the feasibility, where appropriate, of13

employing innovative management approaches14

to protect sanctuary resources or to manage15

compatible uses; and16

‘‘(L) the value of the area as an addition17

to the System.’’; and18

(2) by striking paragraph (3).19

SEC. 106. CHANGES IN PROCEDURES FOR SANCTUARY DES-20

IGNATION AND IMPLEMENTATION.21

(a) SUBMISSION OF NOTICE OF PROPOSED DESIGNA-22

TION TO CONGRESS.—Section 304(a)(1)(C) (16 U.S.C.23

1434(a)(1)(C)) is amended to read as follows:24

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‘‘(C) no later than the day on which the1

notice required under subparagraph (A) is sub-2

mitted to Office of the Federal Register, the3

Secretary shall submit a copy of that notice and4

the draft sanctuary designation documents pre-5

pared pursuant to section 304(a)(2), including6

an executive summary, to the Committee on Re-7

sources of the House of Representatives, the8

Committee on Commerce, Science, and Trans-9

portation of the Senate, and the Governor of10

each State in which any part of the proposed11

sanctuary would be located.’’.12

(b) SANCTUARY DESIGNATION DOCUMENTS.—Sec-13

tion 304(a)(2) (16 U.S.C. 1434(a)(2)) is amended to read14

as follows:15

‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—16

The Secretary shall prepare and make available to17

the public sanctuary designation documents on the18

proposal that include the following:19

‘‘(A) A draft environmental impact state-20

ment pursuant to the National Environmental21

Policy Act of 1969 (42 U.S.C. 4321 et seq.).22

‘‘(B) A resource assessment that23

documents—24

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‘‘(i) present and potential uses of the1

area, including commercial and rec-2

reational fishing, research and education,3

minerals and energy development, subsist-4

ence uses, and other commercial, govern-5

mental, or recreational uses;6

‘‘(ii) after consultation with the Sec-7

retary of the Interior, any commercial, gov-8

ernmental, or recreational resource uses in9

the areas that are subject to the primary10

jurisdiction of the Department of the Inte-11

rior; and12

‘‘(iii) information prepared in con-13

sultation with the Secretary of Defense,14

the Secretary of Energy, and the Adminis-15

trator of the Environmental Protection16

Agency, on any past, present, or proposed17

future disposal or discharge of materials in18

the vicinity of the proposed sanctuary.19

Public disclosure by the Secretary of such infor-20

mation shall be consistent with national secu-21

rity regulations.22

‘‘(C) A draft management plan for the pro-23

posed national marine sanctuary that includes24

the following:25

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‘‘(i) The terms of the proposed des-1

ignation.2

‘‘(ii) Proposed mechanisms to coordi-3

nate existing regulatory and management4

authorities within the area.5

‘‘(iii) The proposed goals and objec-6

tives, management responsibilities, re-7

source studies, and appropriate strategies8

for managing sanctuary resources of the9

proposed sanctuary, including interpreta-10

tion and education, innovative management11

strategies, research, monitoring and as-12

sessment, resource protection, restoration,13

enforcement, and surveillance activities.14

‘‘(iv) An evaluation of the advantages15

of cooperative State and Federal manage-16

ment if all or part of the proposed sanc-17

tuary is within the territorial limits of any18

State or is superjacent to the subsoil and19

seabed within the seaward boundary of a20

State, as that boundary is established21

under the Submerged Lands Act (4322

U.S.C. 1301 et seq.).23

‘‘(v) An estimate of the annual cost to24

the Federal Government of the proposed25

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designation, including costs of personnel,1

equipment and facilities, enforcement, re-2

search, and public education.3

‘‘(vi) The proposed regulations re-4

ferred to in paragraph (1)(A).5

‘‘(D) Maps depicting the boundaries of the6

proposed sanctuary.7

‘‘(E) The basis for the findings made8

under section 303(a) with respect to the area.9

‘‘(F) An assessment of the considerations10

under section 303(b)(1).’’.11

(c) WITHDRAWAL OF DESIGNATION.—Section12

304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting13

‘‘or System’’ after ‘‘sanctuary’’ the second place it ap-14

pears.15

(d) FEDERAL AGENCY ACTIONS AFFECTING SANC-16

TUARY RESOURCES.—Section 304(d) (16 U.S.C.1434(d))17

is amended by adding at the end the following:18

‘‘(4) FAILURE TO FOLLOW ALTERNATIVE.—If19

the head of a Federal agency takes an action other20

than an alternative recommended by the Secretary21

and such action results in the destruction or loss of22

or injury to a sanctuary resource, the head of the23

agency shall promptly prevent and mitigate further24

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damage and restore or replace the sanctuary re-1

source in a manner approved by the Secretary.’’.2

(e) EVALUATION OF PROGRESS IN IMPLEMENTING3

MANAGEMENT STRATEGIES.—Section 304(e) (16 U.S.C.4

1434(e)) is amended—5

(1) by striking ‘‘management techniques,’’ and6

inserting ‘‘management techniques and strategies,’’;7

and8

(2) by adding at the end the following: ‘‘This9

review shall include a prioritization of management10

objectives.’’.11

(f) LIMITATION ON DESIGNATION OF NEW SANC-12

TUARIES.—Section 304 (16 U.S.C. 1434) is amended by13

adding at the end the following:14

‘‘(f) LIMITATION ON DESIGNATION OF NEW SANC-15

TUARIES.—16

‘‘(1) FINDING REQUIRED.—The Secretary may17

not publish in the Federal Register any sanctuary18

designation notice or regulations proposing to des-19

ignate a new sanctuary, unless the Secretary has20

published a finding that—21

‘‘(A) the addition of a new sanctuary will22

not have a negative impact on the System; and23

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‘‘(B) sufficient resources were available in1

the fiscal year in which the finding is made2

to—3

(i) effectively implement sanctuary4

management plans for each sanctuary in5

the System; and6

(ii) complete site characterization7

studies and inventory known sanctuary re-8

sources, including cultural resources, for9

each sanctuary in the System within 1010

years after the date that the finding is11

made if the resources available for those12

activities are maintained at the same level13

for each fiscal year in that 10 year period.14

‘‘(2) DEADLINE.—If the Secretary does not15

submit the findings required by paragraph (1) before16

February 1, 2004, the Secretary shall submit to the17

Congress before October 1, 2004, a finding with re-18

spect to whether the requirements of subparagraphs19

(A) and (B) of paragraph (1) have been met by all20

existing sanctuaries.21

‘‘(3) LIMITATION ON APPLICATION.—Paragraph22

(1) does not apply to any sanctuary designation doc-23

uments for—24

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‘‘(A) a Thunder Bay National Marine1

Sanctuary; or2

‘‘(B) a Northwestern Hawaiian Islands3

National Marine Sanctuary.’’.4

(g) NORTHWESTERN HAWAIIAN ISLANDS CORAL5

REEF RESERVE.—6

(1) PRESIDENTIAL DESIGNATION.—The Presi-7

dent, after consultation with the Governor of the8

State of Hawaii, may designate any Northwestern9

Hawaiian Islands coral reef or coral reef ecosystem10

as a coral reef reserve to be managed by the Sec-11

retary of Commerce.12

(2) SECRETARIAL ACTION.—Upon the designa-13

tion of a reserve under paragraph (1) by the Presi-14

dent, the Secretary shall—15

(A) take action to initiate the designation16

of the reserve as a national marine sanctuary17

under sections 303 and 304 of the National18

Marine Sanctuaries Act (16 U.S.C. 1433);19

(B) establish a Northwestern Hawaiian Is-20

lands Reserve Advisory Council under section21

315 of that Act (16 U.S.C. 1445a), the mem-22

bership of which shall include at least one rep-23

resentative from Native Hawaiian groups; and24

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(C) until the reserve is designated as a na-1

tional marine sanctuary, manage the reserve in2

a manner consistent with the purposes and poli-3

cies of that Act.4

(3) COORDINATION.—The Secretary shall work5

with other Federal agencies to develop a coordinated6

plan to make vessels and other resources available7

for activities in the reserve.8

(4) REVIEW.—If the Secretary has not des-9

ignated a national marine sanctuary in the North-10

western Hawaiian Islands under sections 303 and11

304 of the National Marine Sanctuaries Act (1612

U.S.C. 1433, 1434) before October 1, 2005, the Sec-13

retary shall conduct a review of the management of14

the reserve under section 304(e) of that Act (1615

U.S.C. 1434(e)).16

(5) REPORT.—No later than 6 months after the17

date of the enactment of this Act, the Secretary18

shall submit a report to the Senate Committee on19

Commerce, Science, and Transportation and the20

House of Representatives Committee on Resources,21

describing actions taken to implement this sub-22

section, including costs of monitoring, enforcing, and23

addressing marine debris, and the extent to which24

the fiscal or other resources necessary to carry out25

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this subsection are reflected in the Budget of the1

United States Government submitted by the Presi-2

dent under section 1104 of title 31, United States3

Code.4

(6) AUTHORIZATION OF APPROPRIATIONS.—Of5

the amount authorized under section 311 of the Na-6

tional Marine Sanctuaries Act (16 U.S.C. 1444) for7

a fiscal year, no more than $3,000,000 shall be for8

carrying out this section.9

SEC. 107. CHANGES IN ACTIVITIES PROHIBITED.10

Section 306 (16 U.S.C. 1436) is amended—11

(1) in the matter preceding paragraph (1) by12

inserting ‘‘for any person’’ after ‘‘unlawful’’;13

(2) in paragraph (2) by inserting ‘‘offer for14

sale, purchase, import, export,’’ after ‘‘sell,’’; and15

(3) by amending paragraph (3) to read as fol-16

lows:17

‘‘(3) interfere with the enforcement of this title18

by—19

‘‘(A) refusing to permit any officer author-20

ized to enforce this title to board a vessel, other21

than a vessel operated by the Department of22

Defense or United States Coast Guard, subject23

to such person’s control for the purposes of24

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conducting any search or inspection in connec-1

tion with the enforcement of this title;2

‘‘(B) resisting, opposing, impeding, intimi-3

dating, interfering with, or forcibly assaulting4

any person authorized by the Secretary to im-5

plement this title or any such authorized officer6

in the conduct of any search or inspection per-7

formed under this title;8

‘‘(C) knowingly and willfully submitting9

false information to the Secretary or any officer10

authorized to enforce this title in connection11

with any search or inspection conducted under12

this title; or13

‘‘(D) resisting, opposing, impeding, intimi-14

dating, harassing, bribing, interfering with, or15

forcibly assaulting any person authorized by the16

Secretary to implement the provisions of this17

title; or’’.18

SEC. 108. CHANGES IN ENFORCEMENT PROVISIONS.19

(a) POWERS OF AUTHORIZED OFFICERS TO AR-20

REST.—Section 307(b) (16 U.S.C. 1437(b)) is amended21

by striking ‘‘and’’ after the semicolon at the end of para-22

graph (4), by striking the period at the end of paragraph23

(5) and inserting ‘‘; and’’, and by adding at the end the24

following:25

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‘‘(6) arrest any person, if there is reasonable1

cause to believe that such person has committed an2

act prohibited by section 306(3).’’.3

(b) CRIMINAL OFFENSES.—Section 307 (16 U.S.C.4

1437) is amended by redesignating subsections (c)5

through (j) in order as subsections (d) through (k), and6

by inserting after subsection (b) the following:7

‘‘(c) CRIMINAL OFFENSES.—8

‘‘(1) OFFENSES.—A person is guilty of an of-9

fense under this subsection if the person commits10

any act prohibited by section 306(3).11

‘‘(2) PUNISHMENT.—Any person that is guilty12

of an offense under this subsection—13

‘‘(A) except as provided in subparagraph14

(B), shall be fined under title 18, United States15

Code, imprisoned for not more than 6 months,16

or both; or17

‘‘(B) in the case of a person who in the18

commission of such an offense uses a dangerous19

weapon, engages in conduct that causes bodily20

injury to any person authorized to enforce this21

title or any person authorized to implement the22

provisions of this title, or places any such per-23

son in fear of imminent bodily injury, shall be24

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fined under title 18, United States Code, im-1

prisoned for not more than 10 years, or both.’’.2

(c) SUBPOENAS OF ELECTRONIC FILES.—Subsection3

(g) of section 307 (16 U.S.C. 1437), as redesignated by4

this section, is amended by inserting ‘‘electronic files,’’5

after ‘‘books,’’.6

(d) NATIONWIDE SERVICE OF PROCESS.—Section7

307 (16 U.S.C. 1437) is amended by adding at the end8

the following:9

‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac-10

tion by the United States under this title, process may11

be served in any district where the defendant is found,12

resides, transacts business, or has appointed an agent for13

the service of process.’’.14

SEC. 109. ADDITIONAL REGULATIONS AUTHORITY.15

Section 308 (16 U.S.C. 1439) is amended to read as16

follows:17

‘‘SEC. 308. REGULATIONS.18

‘‘The Secretary may issue such regulations as may19

be necessary to carry out this title.’’.20

SEC. 110. CHANGES IN RESEARCH, MONITORING, AND EDU-21

CATION PROVISIONS.22

Section 309 (16 U.S.C. 1440) is amended to read as23

follows:24

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‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION.1

‘‘(a) IN GENERAL.—The Secretary shall conduct,2

support, and coordinate research, monitoring, and edu-3

cation programs consistent with subsections (b) and (c)4

and the purposes and policies of this title.5

‘‘(b) RESEARCH AND MONITORING.—6

‘‘(1) IN GENERAL.—The Secretary may—7

‘‘(A) support, promote, and coordinate re-8

search on, and long-term monitoring of, sanc-9

tuary resources and natural processes that10

occur in national marine sanctuaries, including11

exploration, mapping, and environmental and12

socioeconomic assessment;13

‘‘(B) develop and test methods to enhance14

degraded habitats or restore damaged, injured,15

or lost sanctuary resources; and16

‘‘(C) support, promote, and coordinate re-17

search on, and the conservation, curation, and18

public display of, the cultural, archaeological,19

and historical resources of national marine20

sanctuaries.21

‘‘(2) AVAILABILITY OF RESULTS.—The results22

of research and monitoring conducted by the Sec-23

retary under this subsection shall be made available24

to the public.25

‘‘(c) EDUCATION.—26

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‘‘(1) IN GENERAL.—The Secretary may sup-1

port, promote, and coordinate efforts to enhance2

public awareness, understanding, and appreciation of3

national marine sanctuaries and the System. Efforts4

supported, promoted, or coordinated under this sub-5

section must emphasize the conservation goals and6

sustainable public uses of national marine sanc-7

tuaries and the System.8

‘‘(2) EDUCATIONAL ACTIVITIES.—Activities9

under this subsection may include education of the10

general public, teachers, students, national marine11

sanctuary users, and ocean and coastal resource12

managers.13

‘‘(d) INTERPRETIVE FACILITIES.—14

‘‘(1) IN GENERAL.—The Secretary may develop15

interpretive facilities near any national marine sanc-16

tuary.17

‘‘(2) FACILITY REQUIREMENT.—Any facility de-18

veloped under this subsection must emphasize the19

conservation goals and sustainable public uses of na-20

tional marine sanctuaries by providing the public21

with information about the conservation, rec-22

reational, ecological, historical, cultural, archae-23

ological, scientific, educational, or esthetic qualities24

of the national marine sanctuary.25

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‘‘(e) CONSULTATION AND COORDINATION.—In con-1

ducting, supporting, and coordinating research, moni-2

toring, and education programs under subsection (a) and3

developing interpretive facilities under subsection (d), the4

Secretary may consult or coordinate with Federal, re-5

gional, or interstate agencies, States, or local govern-6

ments.’’.7

SEC. 111. CHANGES IN SPECIAL USE PERMIT PROVISIONS.8

Section 310 (16 U.S.C. 1441) is amended—9

(1) by redesignating subsections (b) through (f)10

as subsections (c) through (g), and by inserting11

after subsection (a) the following:12

‘‘(b) PUBLIC NOTICE REQUIRED.—The Secretary13

shall provide appropriate public notice before identifying14

any category of activity subject to a special use permit15

under subsection (a).’’;16

(2) by striking ‘‘insurance’’ in paragraph (4) of17

subsection (c), as redesignated, and inserting ‘‘insur-18

ance, or post an equivalent bond,’’;19

(3) by striking ‘‘resource and a reasonable re-20

turn to the United States Government.’’ in para-21

graph (2)(C) of subsection (d), as redesignated, and22

inserting ‘‘resource.’’;23

(4) in subsection (d)(3)(B), as redesignated, by24

striking ‘‘designating and’’; and25

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•HR 5086 EH

(5) in subsection (d), as redesignated, by insert-1

ing after paragraph (3) the following:2

‘‘(4) WAIVER OR REDUCTION OF FEES.—The3

Secretary may accept in-kind contributions in lieu of4

a fee under paragraph (2)(C), or waive or reduce5

any fee assessed under this subsection for any activ-6

ity that does not derive profit from the access to or7

use of sanctuary resources.’’.8

SEC. 112. CHANGES IN COOPERATIVE AGREEMENTS PROVI-9

SIONS.10

(a) AGREEMENTS AND GRANTS.—Section 311(a) (1611

U.S.C. 1442(a)) is amended to read as follows:12

‘‘(a) AGREEMENTS AND GRANTS.—The Secretary13

may enter into cooperative agreements, contracts, or other14

agreements with, or make grants to, States, local govern-15

ments, regional agencies, interstate agencies, or other per-16

sons to carry out the purposes and policies of this title.’’.17

(b) USE OF RESOURCES FROM OTHER GOVERNMENT18

AGENCIES.—Section 311 (16 U.S.C. 1442) is amended by19

adding at the end the following:20

‘‘(e) USE OF RESOURCES OF OTHER GOVERNMENT21

AGENCIES.—The Secretary may, whenever appropriate,22

enter into an agreement with a State or other Federal23

agency to use the personnel, services, or facilities of such24

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•HR 5086 EH

agency on a reimbursable or nonreimbursable basis, to as-1

sist in carrying out the purposes and policies of this title.2

‘‘(f) AUTHORITY TO OBTAIN GRANTS.—Notwith-3

standing any other provision of law that prohibits a Fed-4

eral agency from receiving assistance, the Secretary may5

apply for, accept, and use grants from other Federal agen-6

cies, States, local governments, regional agencies, inter-7

state agencies, foundations, or other persons, to carry out8

the purposes and policies of this title.’’.9

SEC. 113. CHANGES IN PROVISIONS CONCERNING DE-10

STRUCTION, LOSS, OR INJURY.11

(a) VENUE FOR CIVIL ACTIONS.—Section 312(c) (1612

U.S.C. 1443(c)) is amended—13

(1) by inserting ‘‘(1)’’ before ‘‘The Attorney14

General’’;15

(2) in paragraph (1) (as so designated) in the16

first sentence by striking ‘‘in the United States dis-17

trict court for the appropriate district’’; and18

(3) by adding at the end the following:19

‘‘(2) An action under this subsection may be brought20

in the United States district court for any district in21

which—22

‘‘(A) the defendant is located, resides, or is23

doing business, in the case of an action against a24

person;25

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•HR 5086 EH

‘‘(B) the vessel is located, in the case of an ac-1

tion against a vessel; or2

‘‘(C) the destruction of, loss of, or injury to a3

sanctuary resource occurred.’’.4

(b) USE OF RECOVERED AMOUNTS.—Section 312(d)5

(16 U.S.C. 1443(d)) is amended by striking paragraphs6

(1) and (2) and inserting the following:7

‘‘(1) RESPONSE COSTS.—Amounts recovered by8

the United States for costs of response actions and9

damage assessments under this section shall be10

used, as the Secretary considers appropriate—11

‘‘(A) to reimburse the Secretary or any12

other Federal or State agency that conducted13

those activities; and14

‘‘(B) after reimbursement of such costs, to15

restore, replace, or acquire the equivalent of16

any sanctuary resource.17

‘‘(2) OTHER AMOUNTS.—All other amounts re-18

covered shall be used, in order of priority—19

‘‘(A) to restore, replace, or acquire the20

equivalent of the sanctuary resources that were21

the subject of the action, including for costs of22

monitoring and the costs of curation and con-23

servation of archaeological, historical, and cul-24

tural sanctuary resources;25

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•HR 5086 EH

‘‘(B) to restore degraded sanctuary re-1

sources of the national marine sanctuary that2

was the subject of the action, giving priority to3

sanctuary resources and habitats that are com-4

parable to the sanctuary resources that were5

the subject of the action; and6

‘‘(C) to restore degraded sanctuary re-7

sources of other national marine sanctuaries.’’.8

(c) STATUTE OF LIMITATIONS.—Section 312 (169

U.S.C. 1443) is amended by adding at the end the fol-10

lowing:11

‘‘(e) STATUTE OF LIMITATIONS.—An action for re-12

sponse costs or damages under subsection (c) shall be13

barred unless the complaint is filed within 3 years after14

the date on which the Secretary completes a damage as-15

sessment and restoration plan for the sanctuary resources16

to which the action relates.’’.17

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.18

Section 313 (16 U.S.C. 1444) is amended to read as19

follows:20

‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.21

‘‘There are authorized to be appropriated to the22

Secretary—23

‘‘(1) to carry out this title—24

‘‘(A) $34,000,000 for fiscal year 2001;25

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•HR 5086 EH

‘‘(B) $36,000,000 for fiscal year 2002;1

‘‘(C) $38,000,000 for fiscal year 2003;2

‘‘(D) $40,000,000 for fiscal year 2004;3

and4

‘‘(E) $42,000,000 for fiscal year 2005; and5

‘‘(2) for construction projects at national ma-6

rine sanctuaries, $6,000,000 for each of fiscal years7

2001, 2002, 2003, 2004, and 2005.’’.8

SEC. 115. CHANGES IN U.S.S. MONITOR PROVISIONS.9

Section 314 (16 U.S.C. 1445) is amended by striking10

subsection (b) and redesignating subsection (c) as sub-11

section (b).12

SEC. 116. CHANGES IN ADVISORY COUNCIL PROVISIONS.13

Section 315 (16 U.S.C. 1445a) is amended by strik-14

ing ‘‘provide assistance’’ in subsection (a) and inserting15

‘‘advise and make recommendations’’.16

SEC. 117. CHANGES IN THE SUPPORT ENHANCEMENT PRO-17

VISIONS.18

Section 316 (16 U.S.C. 1445b) is amended—19

(1) in subsection (a)(1), by inserting ‘‘or the20

System’’ after ‘‘sanctuaries’’;21

(2) in subsection (a)(4) by striking ‘‘use of any22

symbol published under paragraph (1)’’ and insert-23

ing ‘‘manufacture, reproduction, or other use of any24

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•HR 5086 EH

symbol published under paragraph (1), including the1

sale of items bearing such a symbol,’’;2

(3) by amending subsection (e)(3) to read as3

follows:4

‘‘(3) to manufacture, reproduce, or otherwise5

use any symbol adopted by the Secretary under sub-6

section (a)(1), including to sell any item bearing7

such a symbol, unless authorized by the Secretary8

under subsection (a)(4) or subsection (f); or’’; and9

(4) by adding at the end the following:10

‘‘(f) COLLABORATIONS.—The Secretary may author-11

ize the use of a symbol adopted by the Secretary under12

subsection (a)(1) by any person engaged in a collaborative13

effort with the Secretary to carry out the purposes and14

policies of this title and to benefit a national marine sanc-15

tuary or the System.16

‘‘(g) AUTHORIZATION FOR NON-PROFIT PARTNER17

ORGANIZATION TO SOLICIT SPONSORS.—18

‘‘(1) IN GENERAL.—The Secretary may enter19

into an agreement with a nonprofit partner organi-20

zation authorizing it to assist in the administration21

of the sponsorship program established under this22

section. Under an agreement entered into under this23

paragraph, the Secretary may authorize the non-24

profit partner organization to solicit persons to be25

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•HR 5086 EH

official sponsors of the national marine sanctuary1

system or of individual national marine sanctuaries,2

upon such terms as the Secretary deems reasonable3

and will contribute to the successful administration4

of the sanctuary system. The Secretary may also au-5

thorize the non-profit partner organization to collect6

the statutory contribution from the sponsor, and7

transfer the contribution to the Secretary.8

‘‘(2) PARTNER ORGANIZATION DEFINED.—In9

this subsection, the term ‘partner organization’10

means an organization that—11

‘‘(A) draws its membership from individ-12

uals, private organizations, corporations, aca-13

demic institutions, or State and local govern-14

ments; and15

‘‘(B) is established to promote the under-16

standing of, education relating to, and the con-17

servation of the resources of a particular sanc-18

tuary or two or more related sanctuaries.’’.19

SEC. 118. ESTABLISHMENT OF DR. NANCY FOSTER SCHOL-20

ARSHIP PROGRAM.21

The National Marine Sanctuaries Act (16 U.S.C.22

1431 et seq.) is amended by redesignating section 317 as23

section 318, and by inserting after section 316 the fol-24

lowing:25

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•HR 5086 EH

‘‘SEC. 317. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.1

‘‘(a) ESTABLISHMENT.—The Secretary shall estab-2

lish and administer through the National Ocean Service3

the Dr. Nancy Foster Scholarship Program. Under the4

program, the Secretary shall award graduate education5

scholarships in oceanography, marine biology or maritime6

archaeology, to be known as Dr. Nancy Foster Scholar-7

ships.8

‘‘(b) PURPOSE.—The purpose of the Dr. Nancy Fos-9

ter Scholarship Program is to encourage outstanding10

scholarship and independent graduate level research in11

oceanography, marine biology or maritime archaeology,12

particularly by women and members of minority groups.13

‘‘(c) AWARD.—Each Dr. Nancy Foster Scholarship—14

‘‘(1) shall be used to support graduate studies15

in oceanography, marine biology or maritime archae-16

ology at a graduate level institution of higher edu-17

cation; and18

‘‘(2) shall be awarded in accordance with guide-19

lines issued by the Secretary.20

‘‘(d) DISTRIBUTION OF FUNDS.—The amount of21

each Dr. Nancy Foster Scholarship shall be provided di-22

rectly to a recipient selected by the Secretary upon receipt23

of certification that the recipient will adhere to a specific24

and detailed plan of study and research approved by a25

graduate level institution of higher education.26

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•HR 5086 EH

‘‘(e) FUNDING.—Of the amount available each fiscal1

year to carry out this title, the Secretary shall award 12

percent as Dr. Nancy Foster Scholarships.3

‘‘(f) SCHOLARSHIP REPAYMENT REQUIREMENT.—4

The Secretary shall require an individual receiving a schol-5

arship under this section to repay the full amount of the6

scholarship to the Secretary if the Secretary determines7

that the individual, in obtaining or using the scholarship,8

engaged in fraudulent conduct or failed to comply with9

any term or condition of the scholarship.10

‘‘(g) MARITIME ARCHAEOLOGY DEFINED.—In this11

section the term ‘maritime archaeology’ includes the12

curation, preservation, and display of maritime artifacts.’’.13

SEC. 119. CLERICAL AMENDMENTS.14

(a) CORRECTION OF REFERENCES TO FORMER COM-15

MITTEE.—The following provisions are amended by strik-16

ing ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Re-17

sources’’:18

(1) Section 303(b)(2)(A) (16 U.S.C.19

1433(b)(2)(A)).20

(2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).21

(b) CORRECTION OF REFERENCE TO RENAMED22

ACT.—(1) Section 302(2) is amended to read as follows:23

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•HR 5086 EH

‘‘(2) ‘Magnuson-Stevens Act’ means the Mag-1

nuson-Stevens Fishery Conservation and Manage-2

ment Act (16 U.S.C. 1801 et seq.);’’.3

(2) Section 302(9) is amended by striking ‘‘Magnu-4

son Fishery Conservation and Management Act’’ and in-5

serting ‘‘Magnuson-Stevens Act’’.6

(3) Section 303(b)(2)(D) is amended by striking7

‘‘Magnuson Act’’ and inserting ‘‘Magnuson-Stevens Act’’.8

(4) Section 304(a)(5) is amended by striking ‘‘Mag-9

nuson Act’’ and inserting ‘‘Magnuson-Stevens Act’’.10

(5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is11

amended by striking ‘‘Magnuson Fishery Conservation12

and Management Act’’ and inserting ‘‘Magnuson-Stevens13

Act’’.14

(c) MISCELLANEOUS.—Section 312(a)(1) (16 U.S.C.15

1443(a)(1)) is amended by striking ‘‘UNITED STATES’’16

and inserting ‘‘UNITED STATES’’.17

TITLE II—MISCELLANEOUS18

FISHERY STATUTE REAU-19

THORIZATIONS20

SEC. 201. MARINE FISH PROGRAM.21

(a) FISHERIES INFORMATION COLLECTION AND22

ANALYSIS.—There are authorized to be appropriated to23

the Secretary of Commerce, to enable the National Oce-24

anic and Atmospheric Administration to carry out fish-25

36

•HR 5086 EH

eries information and analysis activities under the Fish1

and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and2

any other law involving those activities, $52,890,000 for3

fiscal year 2001, and $53,435,000 for each of the fiscal4

years 2002, 2003, and 2004. Such activities may include,5

but are not limited to, the collection, analysis, and dis-6

semination of scientific information necessary for the man-7

agement of living marine resources and associated marine8

habitat.9

(b) FISHERIES CONSERVATION AND MANAGEMENT10

OPERATIONS.—There are authorized to be appropriated11

to the Secretary of Commerce, to enable the National Oce-12

anic and Atmospheric Administration to carry out activi-13

ties relating to fisheries conservation and management op-14

erations under the Fish and Wildlife Act of 1956 (1615

U.S.C. 742a et seq.) and any other law involving those16

activities, $30,770,000 for fiscal year 2001, and17

$31,641,000 for each of the fiscal years 2002, 2003, and18

2004. Such activities may include, but are not limited to,19

development, implementation, and enforcement of con-20

servation and management measures to achieve continued21

optimum use of living marine resources, hatchery oper-22

ations, habitat conservation, and protected species man-23

agement.24

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•HR 5086 EH

(c) FISHERIES STATE AND INDUSTRY COOPERATIVE1

PROGRAMS.—There are authorized to be appropriated to2

the Secretary of Commerce, to enable the National Oce-3

anic and Atmospheric Administration to carry out State4

and industry cooperative programs under the Fish and5

Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any6

other law involving those activities, $28,520,000 for fiscal7

year 2001, and $28,814,000 for each of the fiscal years8

2002, 2003, and 2004. These activities include, but are9

not limited to, ensuring the quality and safety of seafood10

products and providing grants to States for improving the11

management of interstate fisheries.12

(d) RELATION TO OTHER LAWS.—Authorizations13

under this section shall be in addition to monies author-14

ized under the Magnuson-Stevens Fishery Conservation15

and Management Act of 1976 (16 U.S.C. 1801 et seq.),16

the Marine Mammal Protection Act of 1972 (16 U.S.C.17

1361 et seq.), the Endangered Species Act of 1973 (1618

U.S.C. 3301 et seq.), the Anadromous Fish Conservation19

Act (16 U.S.C. 757 et seq.), and the Interjurisdictional20

Fisheries Act (16 U.S.C. 4107 et seq.).21

SEC. 202. INTERJURISDICTIONAL FISHERIES ACT OF 198622

AMENDMENTS.23

Section 308 of the Interjurisdictional Fisheries Act24

of 1986 (16 U.S.C. 4107) is amended—25

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•HR 5086 EH

(1) by amending subsection (a) to read as fol-1

lows:2

‘‘(a) GENERAL APPROPRIATIONS.—There are author-3

ized to be appropriated to the Department of Commerce4

for apportionment to carry out the purposes of this title—5

‘‘(1) $4,900,000 for fiscal year 2001; and6

‘‘(2) $5,400,000 for each of the fiscal years7

2002, 2003, and 2004.’’; and8

(2) in subsection (c) by striking ‘‘$700,000 for9

fiscal year 1997, and $750,000 for each of the fiscal10

years 1998, 1999, and 2000’’ and inserting11

‘‘$800,000 for fiscal year 2001, and $850,000 for12

each of the fiscal years 2002, 2003, and 2004’’.13

SEC. 203. ANADROMOUS FISHERIES AMENDMENTS.14

Section 4 of the Anadromous Fish Conservation Act15

(16 U.S.C. 757d) is amended to read as follows:16

‘‘AUTHORIZATION OF APPROPRIATIONS17

‘‘SEC. 4. (a)(1) There are authorized to be appro-18

priated to carry out the purposes of this Act not to exceed19

the following sums:20

‘‘(A) $4,500,000 for fiscal year 2001; and21

‘‘(B) $4,750,000 for each of fiscal years 2002,22

2003, and 2004.23

‘‘(2) Sums appropriated under this subsection are au-24

thorized to remain available until expended.25

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•HR 5086 EH

‘‘(b) Not more than $625,000 of the funds appro-1

priated under this section in any one fiscal year shall be2

obligated in any one State.’’.3

TITLE III—REIMBURSEMENT OF4

EXPENSES5

SEC. 301. REIMBURSEMENT OF EXPENSES.6

Notwithstanding section 3302 (b) and (c) of title 31,7

United States Code, all amounts received by the United8

States in settlement of, or judgment for, damage claims9

arising from the October 9, 1992, allision of the vessel10

ZACHARY into the National Oceanic and Atmospheric11

Administration research vessel DISCOVERER, and from12

the disposal of marine assets, and all amounts received13

by the United States from the disposal of marine assets14

of the National Oceanic and Atmospheric15

Administration—16

(1) shall be retained as an offsetting collection17

in the Operations, Research and Facilities account18

of the National Oceanic and Atmospheric Adminis-19

tration;20

(2) shall be deposited into that account upon21

receipt by the United States Government; and22

(3) shall be available only for obligation for Na-23

tional Oceanic and Atmospheric Administration hy-24

drographic and fisheries vessel operations.25

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•HR 5086 EH

TITLE IV—EXTENSION OF PE-1

RIOD FOR REIMBURSEMENT2

UNDER FISHERMEN’S PRO-3

TECTIVE ACT OF 19674

SEC. 401. SHORT TITLE.5

This title may be cited as the ‘‘Fishermen’s Protec-6

tive Act Amendments of 2000’’.7

SEC. 402. EXTENSION OF PERIOD FOR REIMBURSEMENT8

UNDER FISHERMEN’S PROTECTIVE ACT OF9

1967.10

(a) IN GENERAL.—Section 7(e) of the Fishermen’s11

Protective Act of 1967 (22 U.S.C. 1977(e)) is amended12

by striking ‘‘2000’’ and inserting ‘‘2003’’.13

(b) CLERICAL AMENDMENT.—Section 7(a)(3) of the14

Fishermen’s Protective Act of 1967 (22 U.S.C.15

1977(a)(3)) is amended by striking ‘‘Secretary of the Inte-16

rior’’ and inserting ‘‘Secretary of Commerce’’.17

TITLE V—YUKON RIVER SALMON18

SEC. 501. SHORT TITLE.19

This title may be cited as the ‘‘Yukon River Salmon20

Act of 2000’’.21

SEC. 502. YUKON RIVER SALMON PANEL.22

(a) ESTABLISHMENT.—23

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•HR 5086 EH

(1) IN GENERAL.—There shall be a Yukon1

River Salmon Panel (in this title referred to as the2

‘‘Panel’’).3

(2) FUNCTIONS.—The Panel shall—4

(A) advise the Secretary of State regarding5

the negotiation of any international agreement6

with Canada relating to management of salmon7

stocks originating from the Yukon River in8

Canada;9

(B) advise the Secretary of the Interior re-10

garding restoration and enhancement of such11

salmon stocks; and12

(C) perform other functions relating to13

conservation and management of such salmon14

stocks as authorized by this title or any other15

law.16

(3) DESIGNATION AS UNITED STATES REP-17

RESENTATIVES ON BILATERAL BODY.—The Sec-18

retary of State may designate the members of the19

Panel to be the United States representatives on any20

successor to the panel established by the interim21

agreement for the conservation of salmon stocks22

originating from the Yukon River in Canada agreed23

to through an exchange of notes between the Gov-24

ernment of the United States and the Government25

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•HR 5086 EH

of Canada on February 3, 1995, if authorized by1

any agreement establishing such successor.2

(b) MEMBERSHIP.—3

(1) IN GENERAL.—The Panel shall be com-4

prised of six members, as follows:5

(A) One member who is an official of the6

United States Government with expertise in7

salmon conservation and management, who8

shall be appointed by the Secretary of State.9

(B) One member who is an official of the10

State of Alaska with expertise in salmon con-11

servation and management, who shall be ap-12

pointed by the Governor of Alaska.13

(C) Four members who are knowledgeable14

and experienced with regard to the salmon fish-15

eries on the Yukon River, who shall be ap-16

pointed by the Secretary of State.17

(2) APPOINTEES FROM ALASKA.—(A) The Sec-18

retary of State shall appoint the members under19

paragraph (1)(C) from a list of at least three indi-20

viduals nominated for each position by the Governor21

of Alaska.22

(B) In making the nominations, the Governor23

of Alaska may consider suggestions for nominations24

43

•HR 5086 EH

provided by organizations with expertise in Yukon1

River salmon fisheries.2

(C) The Governor of Alaska may make appro-3

priate nominations to allow for appointment of, and4

the Secretary of State shall appoint, under para-5

graph (1)(C)—6

(i) at least one member who is qualified to7

represent the interests of Lower Yukon River8

fishing districts; and9

(ii) at least one member who is qualified to10

represent the interests of Upper Yukon River11

fishing districts.12

(D) At least one of the members appointed13

under paragraph (1)(C) shall be an Alaska Native.14

(3) ALTERNATES.—(A) The Secretary of State15

may designate an alternate Panel member for each16

Panel member the Secretary appoints under para-17

graphs (1)(A) and (C), who meets the same quali-18

fications, to serve in the absence of the Panel mem-19

ber.20

(B) The Governor of the State of Alaska may21

designate an alternative Panel member for the Panel22

member appointed under paragraph (1)(B), who23

meets the same qualifications, to serve in the ab-24

sence of that Panel member.25

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•HR 5086 EH

(c) TERM LENGTH.—Panel members and alternate1

Panel members shall serve four-year terms. Any individual2

appointed to fill a vacancy occurring before the expiration3

of any term shall be appointed for the remainder of that4

term.5

(d) REAPPOINTMENT.—Panel members and alternate6

Panel members shall be eligible for reappointment.7

(e) DECISIONS.—Decisions of the Panel shall be8

made by the consensus of the Panel members appointed9

under subparagraphs (B) and (C) of subsection (b)(1).10

(f) CONSULTATION.—In carrying out their functions,11

Panel members may consult with such other interested12

parties as they consider appropriate.13

SEC. 503. ADVISORY COMMITTEE.14

(a) APPOINTMENTS.—The Governor of Alaska may15

establish and appoint an advisory committee (in this title16

referred to as the ‘‘advisory committee’’) of not less than17

eight, but not more than 12, individuals who are knowl-18

edgeable and experienced with regard to the salmon fish-19

eries on the Yukon River. At least two of the advisory20

committee members shall be Alaska Natives. Members of21

the advisory committee may attend all meetings of the22

Panel, and shall be given the opportunity to examine and23

be heard on any matter under consideration by the Panel.24

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•HR 5086 EH

(b) COMPENSATION.—The members of such advisory1

committee shall receive no compensation for their services.2

(c) TERM LENGTH.—Members of such advisory com-3

mittee shall serve two-year terms. Any individual ap-4

pointed to fill a vacancy occurring before the expiration5

of any term shall be appointed for the remainder of that6

term.7

(d) REAPPOINTMENT.—Members of such advisory8

committee shall be eligible for reappointment.9

SEC. 504. EXEMPTION.10

The Federal Advisory Committee Act (5 U.S.C. App.)11

shall not apply to the Panel or to the advisory committee.12

SEC. 505. AUTHORITY AND RESPONSIBILITY.13

(a) RESPONSIBLE MANAGEMENT ENTITY.—The14

State of Alaska Department of Fish and Game shall be15

the responsible management entity for the United States16

for the purposes of any agreement with Canada regarding17

management of salmon stocks originating from the Yukon18

River in Canada.19

(b) EFFECT OF DESIGNATION.—The designation20

under subsection (a) shall not be considered to expand,21

diminish, or otherwise change the management authority22

of the State of Alaska or the Federal Government with23

respect to fishery resources.24

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•HR 5086 EH

(c) RECOMMENDATIONS OF PANEL.—In addition to1

recommendations made by the Panel to the responsible2

management entities in accordance with any agreement3

with Canada regarding management of salmon stocks4

originating from the Yukon River in Canada, the Panel5

may make recommendations concerning the conservation6

and management of salmon originating in the Yukon River7

to the Department of the Interior, the Department of8

Commerce, the Department of State, the North Pacific9

Fishery Management Council, and other Federal or State10

entities as appropriate. Recommendations by the Panel11

shall be advisory in nature.12

SEC. 506. ADMINISTRATIVE MATTERS.13

(a) COMPENSATION.—Panel members and alternate14

Panel members who are not State or Federal employees15

shall receive compensation at the daily rate of GS–15 of16

the General Schedule when engaged in the actual perform-17

ance of duties.18

(b) TRAVEL AND OTHER NECESSARY EXPENSES.—19

Travel and other necessary expenses shall be paid by the20

Secretary of the Interior for all Panel members, alternate21

Panel members, and members of the advisory committee22

when such members are engaged in the actual perform-23

ance of duties for the Panel or advisory committee.24

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(c) TREATMENT AS FEDERAL EMPLOYEES.—Except1

for officials of the United States Government, all Panel2

members, alternate Panel members, and members of the3

advisory committee shall not be considered to be Federal4

employees while engaged in the actual performance of du-5

ties, except for the purposes of injury compensation or tort6

claims liability as provided in chapter 81 of title 5, United7

States Code, and chapter 71 of title 28, United States8

Code.9

SEC. 507. YUKON RIVER SALMON STOCK RESTORATION10

AND ENHANCEMENT PROJECTS.11

(a) IN GENERAL.—The Secretary of the Interior, in12

consultation with the Secretary of Commerce, may carry13

out projects to restore or enhance salmon stocks origi-14

nating from the Yukon River in Canada and the United15

States.16

(b) COOPERATION WITH CANADA.—If there is in ef-17

fect an agreement between the Government of the United18

States and the Government of Canada for the conservation19

of salmon stocks originating from the Yukon River in Can-20

ada that includes provisions governing projects authorized21

under this section, then—22

(1) projects under this section shall be carried23

out in accordance with that agreement; and24

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(2) amounts available for projects under this1

section—2

(A) shall be expended in accordance with3

the agreement; and4

(B) may be deposited in any joint account5

established by the agreement to fund such6

projects.7

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.8

There are authorized to be appropriated to the Sec-9

retary of the Interior to carry out this title $4,000,00010

for each of fiscal years 2000, 2001, 2002, and 2003, of11

which—12

(1) such sums as are necessary shall be avail-13

able each fiscal year for travel expenses of Panel14

members, alternate Panel members, United States15

members of the Joint Technical Committee estab-16

lished by paragraph C.2 of the memorandum of un-17

derstanding concerning the Pacific Salmon Treaty18

between the Government of the United States and19

the Government of Canada (recorded January 28,20

1985), and members of the advisory committee, in21

accordance with Federal Travel Regulations and sec-22

tions 5701, 5702, 5704 through 5708, and 5731 of23

title 5, United States Code;24

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•HR 5086 EH

(2) such sums as are necessary shall be avail-1

able for the United States share of expenses in-2

curred by the Joint Technical Committee and any3

panel established by any agreement between the4

Government of the United States and the Govern-5

ment of Canada for restoration and enhancement of6

salmon originating in Canada;7

(3) up to $3,000,000 shall be available each fis-8

cal year for activities by the Department of the Inte-9

rior and the Department of Commerce for survey,10

restoration, and enhancement activities related to11

salmon stocks originating from the Yukon River in12

Canada, of which up to $1,200,000 shall be available13

each fiscal year for Yukon River salmon stock res-14

toration and enhancement projects under section15

507(b); and16

(4) $600,000 shall be available each fiscal year17

for cooperative salmon research and management18

projects in the portion of the Yukon River drainage19

located in the United States that are recommended20

by the Panel.21

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TITLE VI—FISHERY1

INFORMATION ACQUISITION2

SEC. 601. SHORT TITLE.3

This title may be cited as the ‘‘Fisheries Survey Ves-4

sel Authorization Act of 2000’’.5

SEC. 602. ACQUISITION OF FISHERY SURVEY VESSELS.6

(a) IN GENERAL.—The Secretary of Commerce, sub-7

ject to the availability of appropriations, may in accord-8

ance with this section acquire, by purchase, lease, lease-9

purchase, or charter, and equip up to six fishery survey10

vessels in accordance with this section.11

(b) VESSEL REQUIREMENTS.—Any vessel acquired12

and equipped under this section must—13

(1) be capable of—14

(A) staying at sea continuously for at least15

30 days;16

(B) conducting fishery population surveys17

using hydroacoustic, longlining, deep water, and18

pelagic trawls, and other necessary survey tech-19

niques; and20

(C) conducting other work necessary to21

provide fishery managers with the accurate and22

timely data needed to prepare and implement23

fishery management plans; and24

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(2) have a hull that meets the International1

Council for Exploration of the Sea standard regard-2

ing acoustic quietness.3

(c) FISHERIES RESEARCH VESSEL PROCURE-4

MENT.—Notwithstanding section 644 of title 15, United5

States Code, and section 19.502–2 of title 48, Code of6

Federal Regulations, the Secretary of Commerce shall7

seek to procure Fisheries Research Vessels through full8

and open competition from responsible United States ship-9

building companies irrespective of size.10

(d) AUTHORIZATION.—To carry out this section there11

are authorized to be appropriated to the Secretary of Com-12

merce $60,000,000 for each of fiscal years 2002 and13

2003.14

TITLE VII—ATLANTIC COASTAL15

FISHERIES16

Subtitle A—Atlantic Striped Bass17

Conservation18

SEC. 701. REAUTHORIZATION OF ATLANTIC STRIPED BASS19

CONSERVATION ACT.20

Section 7(a) of the Atlantic Striped Bass Conserva-21

tion Act (16 U.S.C. 1851 note) is amended to read as22

follows:23

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‘‘(a) AUTHORIZATION.—For each of fiscal years1

2001, 2002, and 2003, there are authorized to be appro-2

priated to carry out this Act—3

‘‘(1) $1,000,000 to the Secretary of Commerce;4

and5

‘‘(2) $250,000 to the Secretary of the Inte-6

rior.’’.7

SEC. 702. POPULATION STUDY OF STRIPED BASS.8

(a) STUDY.—The Secretaries (as that term is defined9

in the Atlantic Striped Bass Conservation Act), in con-10

sultation with the Atlantic States Marine Fisheries Com-11

mission, shall conduct a study to determine if the distribu-12

tion of year classes in the Atlantic striped bass population13

is appropriate for maintaining adequate recruitment and14

sustainable fishing opportunities. In conducting the study,15

the Secretaries shall consider—16

(1) long-term stock assessment data and other17

fishery-dependent and independent data for Atlantic18

striped bass; and19

(2) the results of peer-reviewed research funded20

under the Atlantic Striped Bass Conservation Act.21

(b) REPORT.—Not later than 180 days after the date22

of the enactment of this Act, the Secretaries, in consulta-23

tion with the Atlantic States Marine Fisheries Commis-24

sion, shall submit to the Committee on Resources of the25

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House of Representatives the results of the study and a1

long-term plan to ensure a balanced and healthy popu-2

lation structure of Atlantic striped bass, including older3

fish. The report shall include information regarding—4

(1) the structure of the Atlantic striped bass5

population required to maintain adequate recruit-6

ment and sustainable fishing opportunities; and7

(2) recommendations for measures necessary to8

achieve and maintain the population structure de-9

scribed in paragraph (1).10

(c) AUTHORIZATION.—There are authorized to be ap-11

propriated to the Secretary of Commerce $250,000 to12

carry out this section.13

Subtitle B—Atlantic Coastal14

Fisheries Cooperative Management15

SEC. 703. SHORT TITLE.16

This subtitle may be cited as the ‘‘Atlantic Coastal17

Fisheries Act of 2000’’.18

SEC. 704. REAUTHORIZATION OF ATLANTIC COASTAL FISH-19

ERIES COOPERATIVE MANAGEMENT ACT.20

(a) AUTHORIZATION OF APPROPRIATIONS.—Section21

811 of the Atlantic Coastal Fisheries Cooperative Manage-22

ment Act (16 U.S.C. 5108) is amended to read as follows:23

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‘‘SEC. 811. AUTHORIZATION OF APPROPRIATIONS.1

‘‘(a) IN GENERAL.—To carry out this title, there are2

authorized to be appropriated $10,000,000 for each of fis-3

cal years 2001 through 2005.4

‘‘(b) COOPERATIVE STATISTICS PROGRAM.—5

Amounts authorized under subsection (a) may be used by6

the Secretary to support the Commission’s cooperative7

statistics program.’’.8

(b) TECHNICAL CORRECTIONS.—9

(1) IN GENERAL.—Such Act is amended—10

(A) in section 802(3) (16 U.S.C. 5101(3))11

by striking ‘‘such resources in’’ and inserting12

‘‘such resources is’’; and13

(B) by striking section 812 and the second14

section 811.15

(2) AMENDMENTS TO REPEAL NOT AF-16

FECTED.—The amendments made by paragraph17

(1)(B) shall not affect any amendment or repeal18

made by the sections struck by that paragraph.19

(3) SHORT TITLE REFERENCES.—Such Act is20

further amended by striking ‘‘Magnuson Fishery’’21

each place it appears and inserting ‘‘Magnuson-Ste-22

vens Fishery’’.23

(c) REPORTS.—24

(1) ANNUAL REPORT TO THE SECRETARY.—25

The Secretary shall require, as a condition of pro-26

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•HR 5086 EH

viding financial assistance under this title, that the1

Commission and each State receiving such assistance2

submit to the Secretary an annual report that pro-3

vides a detailed accounting of the use the assistance.4

(2) BIENNIAL REPORTS TO THE CONGRESS.—5

The Secretary shall submit biennial reports to the6

Committee on Resources of the House of Represent-7

atives and the Committee on Commerce, Science,8

and Transportation of the Senate on the use of Fed-9

eral assistance provided to the Commission and the10

States under this title. Each biennial report shall11

evaluate the success of such assistance in imple-12

menting this title.13

TITLE VIII—PACIFIC SALMON14

RECOVERY15

SEC. 801. SHORT TITLE.16

This title may be cited as the ‘‘Pacific Salmon Recov-17

ery Act’’.18

SEC. 802. SALMON CONSERVATION AND SALMON HABITAT19

RESTORATION ASSISTANCE.20

(a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub-21

ject to the availability of appropriations, the Secretary of22

Commerce shall provide financial assistance in accordance23

with this title to qualified States and qualified tribal gov-24

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•HR 5086 EH

ernments for salmon conservation and salmon habitat res-1

toration activities.2

(b) ALLOCATION.—Of the amounts available to pro-3

vide assistance under this section each fiscal year (after4

the application of section 803(g)), the Secretary—5

(1) shall allocate 85 percent among qualified6

States, in equal amounts; and7

(2) shall allocate 15 percent among qualified8

tribal governments, in amounts determined by the9

Secretary.10

(c) TRANSFER.—11

(1) IN GENERAL.—The Secretary shall prompt-12

ly transfer in a lump sum—13

(A) to a qualified State that has submitted14

a Conservation and Restoration Plan under sec-15

tion 803(a) amounts allocated to the qualified16

State under subsection (b)(1) of this section,17

unless the Secretary determines, within 30 days18

after the submittal of the plan to the Secretary,19

that the plan is inconsistent with the require-20

ments of this title; and21

(B) to a qualified tribal government that22

has entered into a memorandum of under-23

standing with the Secretary under section24

803(b) amounts allocated to the qualified tribal25

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government under subsection (b)(2) of this sec-1

tion.2

(2) TRANSFERS TO QUALIFIED STATES.—The3

Secretary shall make the transfer under paragraph4

(1)(A)—5

(A) to the Washington State Salmon Re-6

covery Board, in the case of amounts allocated7

to Washington;8

(B) to the Oregon State Watershed En-9

hancement Board, in the case of amounts allo-10

cated to Oregon;11

(C) to the California Department of Fish12

and Game for the California Coastal Salmon13

Recovery Program, in the case of amounts allo-14

cated to California;15

(D) to the Governor of Alaska, in the case16

of amounts allocated to Alaska; and17

(E) to the Office of Species Conservation,18

in the case of amounts allocated to Idaho.19

(d) REALLOCATION.—20

(1) AMOUNTS ALLOCATED TO QUALIFIED21

STATES.—Amounts that are allocated to a qualified22

State for a fiscal year shall be reallocated under sub-23

section (b)(1) among the other qualified States, if—24

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(A) the qualified State has not submitted1

a plan in accordance with section 803(a) as of2

the end of the fiscal year; or3

(B) the amounts remain unobligated at the4

end of the subsequent fiscal year.5

(2) AMOUNTS ALLOCATED TO QUALIFIED TRIB-6

AL GOVERNMENTS.—Amounts that are allocated to a7

qualified tribal government for a fiscal year shall be8

reallocated under subsection (b)(2) among the other9

qualified tribal governments, if the qualified tribal10

government has not entered into a memorandum of11

understanding with the Secretary in accordance with12

section 803(b) as of the end of the fiscal year.13

SEC. 803. RECEIPT AND USE OF ASSISTANCE.14

(a) QUALIFIED STATE SALMON CONSERVATION AND15

RESTORATION PLAN.—16

(1) IN GENERAL.—To receive assistance under17

this title, a qualified State shall develop and submit18

to the Secretary a Salmon Conservation and Salmon19

Habitat Restoration Plan.20

(2) CONTENTS.—Each Salmon Conservation21

and Salmon Restoration Plan shall, at a minimum—22

(A) be consistent with other applicable23

Federal laws;24

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(B) be consistent with the goal of salmon1

recovery;2

(C) except as provided in subparagraph3

(D), give priority to use of assistance under this4

section for projects that—5

(i) provide a direct and demonstrable6

benefit to salmon or their habitat;7

(ii) provide the greatest benefit to8

salmon conservation and salmon habitat9

restoration relative to the cost of the10

projects; and11

(iii) conserve, and restore habitat,12

for—13

(I) salmon that are listed as en-14

dangered species or threatened spe-15

cies, proposed for such listing, or can-16

didates for such listing, under the En-17

dangered Species Act of 1973 (1618

U.S.C. 1531 et seq.); or19

(II) salmon that are given special20

protection under the laws or regula-21

tions of the qualified State;22

(D) in the case of a plan submitted by a23

qualified State in which, as of the date of the24

enactment of this Act, there is no area at which25

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a salmon species referred to in subparagraph1

(C)(iii)(I) spawns—2

(i) give priority to use of assistance3

for projects referred to in subparagraph4

(C)(i) and (ii) that contribute to proactive5

programs to conserve and enhance species6

of salmon that intermingle with, or are7

otherwise related to, species referred to in8

subparagraph (C)(iii)(I), which may in-9

clude (among other matters)—10

(I) salmon-related research, data11

collection, and monitoring;12

(II) salmon supplementation and13

enhancement;14

(III) salmon habitat restoration;15

(IV) increasing economic oppor-16

tunities for salmon fishermen; and17

(V) national and international co-18

operative habitat programs; and19

(ii) provide for revision of the plan20

within one year after any date on which21

any salmon species that spawns in the22

qualified State is listed as an endangered23

species or threatened species, proposed for24

such listing, or a candidate for such list-25

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ing, under the Endangered Species Act of1

1973 (16 U.S.C. 1531 et seq.);2

(E) establish specific goals and timelines3

for activities funded with such assistance;4

(F) include measurable criteria by which5

such activities may be evaluated;6

(G) require that activities carried out with7

such assistance shall—8

(i) be scientifically based;9

(ii) be cost effective;10

(iii) not be conducted on private land11

except with the consent of the owner of the12

land; and13

(iv) contribute to the conservation and14

recovery of salmon;15

(H) require that the qualified State main-16

tain its aggregate expenditures of funds from17

non-Federal sources for salmon habitat restora-18

tion programs at or above the average level of19

such expenditures in the 2 fiscal years pre-20

ceding the date of the enactment of this Act;21

and22

(I) ensure that activities funded under this23

title are conducted in a manner in which, and24

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in areas where, the State has determined that1

they will have long-term benefits.2

(3) SOLICITATION OF COMMENTS.—In pre-3

paring a plan under this subsection a qualified State4

shall seek comments on the plan from local govern-5

ments in the qualified State.6

(b) TRIBAL MOU WITH SECRETARY.—7

(1) IN GENERAL.—To receive assistance under8

this title, a qualified tribal government shall enter9

into a memorandum of understanding with the Sec-10

retary regarding use of the assistance.11

(2) CONTENTS.—Each memorandum of under-12

standing shall, at a minimum—13

(A) be consistent with other applicable14

Federal laws;15

(B) be consistent with the goal of salmon16

recovery;17

(C) give priority to use of assistance under18

this Act for activities that—19

(i) provide a direct and demonstrable20

benefit to salmon or their habitat;21

(ii) provide the greatest benefit to22

salmon conservation and salmon habitat23

restoration relative to the cost of the24

projects; and25

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(iii) conserve, and restore habitat,1

for—2

(I) salmon that are listed as en-3

dangered species or threatened spe-4

cies, proposed for such listing, or can-5

didates for such listing, under the En-6

dangered Species Act of 1973 (167

U.S.C. 1531 et seq.); or8

(II) salmon that are given special9

protection under the ordinances or10

regulations of the qualified tribal gov-11

ernment;12

(D) in the case of a memorandum of un-13

derstanding entered into by a qualified tribal14

government for an area in which, as of the date15

of the enactment of this Act, there is no area16

at which a salmon species that is referred to in17

subparagraph (C)(iii)(I) spawns—18

(i) give priority to use of assistance19

for projects referred to in subparagraph20

(C)(i) and (ii) that contribute to proactive21

programs described in subsection22

(a)(2)(D)(i);23

(ii) include a requirement that the24

memorandum shall be revised within 125

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•HR 5086 EH

year after any date on which any salmon1

species that spawns in the area is listed as2

an endangered species or threatened spe-3

cies, proposed for such listing, or a can-4

didate for such listing, under the Endan-5

gered Species Act of 1973 (16 U.S.C.6

1531 et seq.);7

(E) establish specific goals and timelines8

for activities funded with such assistance;9

(F) include measurable criteria by which10

such activities may be evaluated;11

(G) establish specific requirements for re-12

porting to the Secretary by the qualified tribal13

government;14

(H) require that activities carried out with15

such assistance shall—16

(i) be scientifically based;17

(ii) be cost effective;18

(iii) not be conducted on private land19

except with the consent of the owner of the20

land; and21

(iv) contribute to the conservation or22

recovery of salmon; and23

(I) require that the qualified tribal govern-24

ment maintain its aggregate expenditures of25

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funds from non-Federal sources for salmon1

habitat restoration programs at or above the2

average level of such expenditures in the 2 fis-3

cal years preceding the date of the enactment4

of this Act.5

(c) ELIGIBLE ACTIVITIES.—6

(1) IN GENERAL.—Assistance under this title7

may be used by a qualified State in accordance with8

a plan submitted by the State under subsection (a),9

or by a qualified tribal government in accordance10

with a memorandum of understanding entered into11

by the government under subsection (b), to carry out12

or make grants to carry out, among other activities,13

the following:14

(A) Watershed evaluation, assessment, and15

planning necessary to develop a site-specific and16

clearly prioritized plan to implement watershed17

improvements, including for making multi-year18

grants.19

(B) Salmon-related research, data collec-20

tion, and monitoring, salmon supplementation21

and enhancement, and salmon habitat restora-22

tion.23

(C) Maintenance and monitoring of24

projects completed with such assistance.25

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(D) Technical training and education1

projects, including teaching private landowners2

about practical means of improving land and3

water management practices to contribute to4

the conservation and restoration of salmon5

habitat.6

(E) Other activities related to salmon con-7

servation and salmon habitat restoration.8

(2) USE FOR LOCAL AND REGIONAL9

PROJECTS.—Funds allocated to qualified States10

under this title shall be used for local and regional11

projects.12

(d) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE13

OF JURISDICTION OF RECIPIENT.—Assistance under this14

section provided to a qualified State or qualified tribal15

government may be used for activities conducted outside16

the areas under its jurisdiction if the activity will provide17

conservation benefits to naturally produced salmon in18

streams of concern to the qualified State or qualified tribal19

government, respectively.20

(e) COST SHARING BY QUALIFIED STATES.—21

(1) IN GENERAL.—A qualified State shall22

match, in the aggregate, the amount of any financial23

assistance provided to the qualified State for a fiscal24

year under this title, in the form of monetary con-25

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•HR 5086 EH

tributions or in-kind contributions of services for1

projects carried out with such assistance. For pur-2

poses of this paragraph, monetary contributions by3

the State shall not be considered to include funds re-4

ceived from other Federal sources.5

(2) LIMITATION ON REQUIRING MATCHING FOR6

EACH PROJECT.—The Secretary may not require a7

qualified State to provide matching funds for each8

project carried out with assistance under this title.9

(3) TREATMENT OF MONETARY CONTRIBU-10

TIONS.—For purposes of subsection (a)(2)(H), the11

amount of monetary contributions by a qualified12

State under this subsection shall be treated as ex-13

penditures from non-Federal sources for salmon con-14

servation and salmon habitat restoration programs.15

(f) COORDINATION OF ACTIVITIES.—16

(1) IN GENERAL.—Each qualified State and17

each qualified tribal government receiving assistance18

under this title is encouraged to carefully coordinate19

salmon conservation activities of its agencies to20

eliminate duplicative and overlapping activities.21

(2) CONSULTATION.—Each qualified State and22

qualified tribal government receiving assistance23

under this title shall consult with the Secretary to24

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ensure there is no duplication in projects funded1

under this title.2

(g) LIMITATION ON ADMINISTRATIVE EXPENSES.—3

(1) FEDERAL ADMINISTRATIVE EXPENSES.—Of4

the amount made available under this title each fis-5

cal year, not more than 1 percent may be used by6

the Secretary for administrative expenses incurred in7

carrying out this title.8

(2) STATE AND TRIBAL ADMINISTRATIVE EX-9

PENSES.—Of the amount allocated under this title10

to a qualified State or qualified tribal government11

each fiscal year, not more than 3 percent may be12

used by the qualified State or qualified tribal gov-13

ernment, respectively, for administrative expenses in-14

curred in carrying out this title.15

SEC. 804. PUBLIC PARTICIPATION.16

(a) QUALIFIED STATE GOVERNMENTS.—Each quali-17

fied State seeking assistance under this title shall establish18

a citizens advisory committee or provide another similar19

forum for local governments and the public to participate20

in obtaining and using the assistance.21

(b) QUALIFIED TRIBAL GOVERNMENTS.—Each22

qualified tribal government receiving assistance under this23

title shall hold public meetings to receive recommendations24

on the use of the assistance.25

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SEC. 805. CONSULTATION NOT REQUIRED.1

Consultation under section 7 of the Endangered Spe-2

cies Act of 1973 (16 U.S.C. 1531 et seq.) shall not be3

required based solely on the provision of financial assist-4

ance under this title.5

SEC. 806. REPORTS.6

(a) QUALIFIED STATES.—Each qualified State shall,7

by not later than December 31 of each year, submit to8

the Committee on Commerce, Science, and Transportation9

of the Senate and the Committee on Resources of the10

House of Representatives an annual report on the use of11

financial assistance received by the qualified State under12

this title. The report shall contain an evaluation of the13

success of this title in meeting the criteria listed in section14

803(a)(2).15

(b) SECRETARY.—16

(1) ANNUAL REPORT REGARDING QUALIFIED17

TRIBAL GOVERNMENTS.—The Secretary shall, by not18

later than December 31 of each year, submit to the19

Committee on Commerce, Science, and Transpor-20

tation of the Senate and the Committee on Re-21

sources of the House of Representatives an annual22

report on the use of financial assistance received by23

qualified tribal governments under this title. The re-24

port shall contain an evaluation of the success of25

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this Act in meeting the criteria listed in section1

803(b)(2).2

(2) BIANNUAL REPORT.—The Secretary shall,3

by not later than December 31 of the second year4

in which amounts are available to carry out this5

title, and of every second year thereafter, submit to6

the Committee on Commerce, Science, and Trans-7

portation of the Senate and the Committee on Re-8

sources of the House of Representatives a biannual9

report on the use of funds allocated to qualified10

States under this title. The report shall review pro-11

grams funded by the States and evaluate the success12

of this title in meeting the criteria listed in section13

803(a)(2).14

SEC. 807. DEFINITIONS.15

In this title:16

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’17

has the meaning given that term in section 4(e) of18

the Indian Self-Determination and Education Assist-19

ance Act (25 U.S.C. 450b(e)).20

(2) QUALIFIED STATE.—The term ‘‘qualified21

State’’ means each of the States of Alaska, Wash-22

ington, Oregon, California, and Idaho.23

(3) QUALIFIED TRIBAL GOVERNMENT.—The24

term ‘‘qualified tribal government’’ means—25

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(A) a tribal government of an Indian tribe1

in Washington, Oregon, California, or Idaho2

that the Secretary of Commerce, in consultation3

with the Secretary of the Interior, determines—4

(i) is involved in salmon management5

and recovery activities under the Endan-6

gered Species Act of 1973 (16 U.S.C.7

1531 et seq.); and8

(ii) has the management and organi-9

zational capability to maximize the benefits10

of assistance provided under this title; and11

(B) a regional or village corporation as de-12

fined in or established pursuant to the Alaska13

Native Claims Settlement Act (43 U.S.C. 160114

et seq.) that the Secretary of Commerce, in con-15

sultation with the Secretary of the Interior,16

determines—17

(i) is involved in salmon conservation18

and management; and19

(ii) has the management and organi-20

zational capability to maximize the benefits21

of assistance provided under this title.22

(4) SALMON.—The term ‘‘salmon’’ means any23

naturally produced salmon or naturally produced24

trout of the following species:25

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(A) Coho salmon (oncorhynchus kisutch).1

(B) Chinook salmon (oncorhynchus2

tshawytscha).3

(C) Chum salmon (oncorhynchus keta).4

(D) Pink salmon (oncorhynchus5

gorbuscha).6

(E) Sockeye salmon (oncorhynchus nerka).7

(F) Steelhead trout (oncorhynchus8

mykiss).9

(G) Sea-run cutthroat trout (oncorhynchus10

clarki clarki).11

(H) For purposes of application of this12

title in Oregon—13

(i) Lahontan cutthroat trout14

(oncorhnychus clarki henshawi); and15

(ii) Bull trout (salvelinus confluentus).16

(I) For purposes of application of this title17

in Washington and Idaho, Bull trout (salvelinus18

confluentus).19

(5) SECRETARY.—The term Secretary means20

the Secretary of Commerce.21

SEC. 808. PACIFIC SALMON TREATY.22

(a) TRANSBOUNDARY PANEL REPRESENTATION.—23

(1) IN GENERAL.—Section 3 of the Pacific24

Salmon Treaty Act of 1985 (16 U.S.C. 3632) is25

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amended by redesignating subsections (f), (g), and1

(h) in order as subsections (g), (h), and (i), and by2

inserting after subsection (e) the following:3

‘‘(f) TRANSBOUNDARY PANEL.—The United States4

shall be represented on the transboundary Panel by seven5

Panel members, of whom—6

‘‘(1) one shall be an official of the United7

States Government with salmon fishery management8

responsibility and expertise;9

‘‘(2) one shall be an official of the State of10

Alaska with salmon fishery management responsi-11

bility and expertise; and12

‘‘(3) five shall be individuals knowledgeable and13

experienced in the salmon fisheries for which the14

transboundary Panel is responsible.’’.15

(2) CONFORMING AMENDMENTS.—16

(A) Subsection (g) of section 3 of the Pa-17

cific Salmon Treaty Act of 1985 (16 U.S.C.18

3632), as redesignated by paragraph (1) of this19

subsection, is amended—20

(i) by striking ‘‘and (e)(2)’’ and in-21

serting ‘‘(e)(2), and (f)(2)’’;22

(ii) by striking ‘‘and (e)(4)’’ and in-23

serting ‘‘(e)(4), and (f)(3)’’; and24

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(iii) by striking ‘‘The appointing au-1

thorities listed above’’ and inserting ‘‘For2

the southern, northern, and Frazier River3

Panels, the appointing authorities listed4

above’’.5

(B) Subsection (h)(2) of section 3 the Pa-6

cific Salmon Treaty Act of 1985 (16 U.S.C.7

3632), as redesignated by paragraph (1) of this8

subsection, is amended by striking ‘‘and south-9

ern’’ and inserting ‘‘, southern, and10

transboundary’’.11

(C) Section 9 of the Pacific Salmon Treaty12

Act of 1985 (16 U.S.C. 3638) is amended by13

striking ‘‘9(g)’’ and inserting ‘‘9(h)’’.14

(b) COMPENSATION AND EXPENSES FOR UNITED15

STATES REPRESENTATIVES ON NORTHERN AND SOUTH-16

ERN FUND COMMITTEES.—17

(1) COMPENSATION.—Section 11 of the Pacific18

Salmon Treaty Act of 1985 (16 U.S.C. 3640) is19

amended by redesignating subsections (c) and (d) in20

order as subsections (d) and (e), and by inserting21

after subsection (b) the following:22

‘‘(c) COMPENSATION FOR REPRESENTATIVES ON23

NORTHERN FUND AND SOUTHERN FUND COMMIT-24

TEES.—United States Representatives on the Pacific25

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Salmon Treaty Northern Fund Committee and Southern1

Fund Committee who are not State or Federal employees2

shall receive compensation at the minimum daily rate of3

pay payable under section 5376 of title 5, United States4

Code, when engaged in the actual performance of duties5

for the United States Section or for the Commission.’’.6

(2) EXPENSES.—Subsection (d) of such section,7

as so redesignated, is amended by inserting ‘‘mem-8

bers of the Northern Fund Committee, members of9

the Southern Fund Committee,’’ after ‘‘Joint Tech-10

nical Committee,’’.11

(3) CLERICAL AMENDMENTS.—12

(A) IN GENERAL.—Section 11 of the Pa-13

cific Salmon Treaty Act of 1985 (16 U.S.C.14

5332) is amended—15

(i) in subsection (a) by striking ‘‘at16

the daily rate of GS–18 of the General17

Schedule’’ and inserting ‘‘at the maximum18

daily rate of pay payable under section19

5376 of title 5, United States Code,’’; and20

(ii) in subsection (b) by striking ‘‘at21

the daily rate of GS–16 of the General22

Schedule’’ and inserting ‘‘at the minimum23

daily rate of pay payable under section24

5376 of title 5, United States Code,’’.25

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(B) APPLICATION.—The amendments1

made by subparagraph (A) shall not apply to2

Commissioners, Alternate Commissioners, Panel3

Members, and Alternate Panel Members (as4

those terms are used in section 11 of the Pa-5

cific Salmon Treaty Act of 1985) appointed be-6

fore the effective date of this subsection.7

(c) AUTHORIZATION OF APPROPRIATIONS.—8

(1) CLERICAL AMENDMENT.—Section 623 of9

the Departments of Commerce, Justice, and State,10

the Judiciary, and Related Agencies Appropriations11

Act, 2000, as enacted by section 1000(a)(1), Divi-12

sion B of Public Law 106–113 (16 U.S.C. 3645) is13

redesignated and moved so as to be section 16 of the14

Pacific Salmon Treaty Act of 1985.15

(2) AUTHORIZATION OF APPROPRIATIONS.—16

Subsection (d) of such section is amended to read as17

follows:18

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For19

capitalizing the Northern Fund and Southern Fund estab-20

lished under the 1999 Pacific Salmon Treaty Agreement21

and related agreements, there are authorized to be appro-22

priated a total of $75,000,000 for the Northern Fund and23

a total of $65,000,000 for the Southern Fund for fiscal24

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years 2000, 2001, 2002, and 2003, for the implementation1

of those agreements.’’.2

SEC. 809. TREATMENT OF INTERNATIONAL FISHERY COM-3

MISSION PENSIONERS.4

For United States citizens who served as employees5

of the International Pacific Salmon Fisheries Commission6

and the International North Pacific Fisheries Commission7

(in this section referred to as the ‘‘Commissions’’) and8

who worked in Canada in the course of employment with9

those commissions, the President shall—10

(1) calculate the difference in amount between11

the valuation of the Commissions’ annuity for each12

employee’s payment in United States currency and13

in Canadian currency for past and future (as deter-14

mined by an actuarial valuation) annuity payments;15

and16

(2) out of existing funds available for this pur-17

pose, pay each employee a lump-sum payment in the18

total amount determined under paragraph (1) to19

compensate each employee for past and future bene-20

fits resulting from the exchange rate inequity.21

SEC. 810. AUTHORIZATION OF APPROPRIATIONS.22

There are authorized to be appropriated23

$200,000,000 for each of the fiscal years 2001, 2002, and24

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2003 to carry out this title. Funds appropriated under this1

section may remain until expended.2

TITLE IX—MISCELLANEOUS3

TECHNICAL AMENDMENTS TO4

INTERNATIONAL FISHERIES5

ACTS6

SEC. 901. GREAT LAKES FISHERY ACT OF 1956.7

Section 3(a) of the Great Lakes Fishery Act of 19568

(16 U.S.C. 932(a)) is amended by adding at the end the9

following:10

‘‘(3) Individuals serving as such Commissioners shall11

not be considered to be Federal employees while per-12

forming such service, except for purposes of injury com-13

pensation or tort claims liability as provided in chapter14

81 of title 5, United States Code, and chapter 171 of title15

28, United States Code.’’.16

SEC. 902. TUNA CONVENTIONS ACT OF 1950.17

Section 3 of the Tuna Conventions Act of 1950 (1618

U.S.C. 952) is amended by inserting before ‘‘Of such19

Commissioners—’’ the following: ‘‘Individuals serving as20

such Commissioners shall not be considered to be Federal21

employees while performing such service, except for pur-22

poses of injury compensation or tort claims liability as pro-23

vided in chapter 81 of title 5, United States Code, and24

chapter 171 of title 28, United States Code.’’.25

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SEC. 903. ATLANTIC TUNAS CONVENTION ACT OF 1975.1

Section 3(a)(1) of the Atlantic Tunas Convention Act2

of 1975 (16 U.S.C. 971a(a)(1)) is amended by inserting3

before ‘‘The Commissioners’’ the following: ‘‘Individuals4

serving as such Commissioners shall not be considered to5

be Federal employees while performing such service, ex-6

cept for purposes of injury compensation or tort claims7

liability as provided in chapter 81 of title 5, United States8

Code, and chapter 171 of title 28, United States Code.’’.9

SEC. 904. NORTH PACIFIC ANADROMOUS STOCKS ACT OF10

1992.11

(a) CLERICAL AMENDMENT.—Public Law 102–58712

is amended by striking title VIII (106 Stat. 5098 et seq.).13

(b) TREATMENT COMMISSIONERS.—Section 804(a)14

of the North Pacific Anadromous Stocks Act of 1992 (1615

U.S.C. 5003(a)) is amended by inserting before ‘‘Of the16

Commissioners—’’ the following: ‘‘Individuals serving as17

such Commissioners shall not be considered to be Federal18

employees while performing such service, except for pur-19

poses of injury compensation or tort claims liability as pro-20

vided in chapter 81 of title 5, United States Code, and21

chapter 171 of title 28, United States Code.’’.22

SEC. 905. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.23

Section 103(4) of the High Seas Fishing Compliance24

Act of 1995 (16 U.S.C. 5502(4)) is amended by inserting25

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‘‘or subject to the jurisdiction of the United States’’ after1

‘‘United States’’.2

TITLE X—PRIBILOF ISLANDS3

SEC. 1001. SHORT TITLE.4

This title may be referred to as the ‘‘Pribilof Islands5

Transition Act’’.6

SEC. 1002. PURPOSE.7

The purpose of this title is to complete the orderly8

withdrawal of the National Oceanic and Atmospheric Ad-9

ministration from the civil administration of the Pribilof10

Islands, Alaska.11

SEC. 1003. FUR SEAL ACT OF 1996 DEFINED.12

In this title, the term ‘‘Fur Seal Act of 1966’’ means13

Public Law 89–702 (16 U.S.C. 1151 et seq.).14

SEC. 1004. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS15

UNDER FUR SEAL ACT OF 1966.16

Section 206 of the Fur Seal Act of 1966 (16 U.S.C.17

1166) is amended to read as follows:18

‘‘SEC. 206. FINANCIAL ASSISTANCE.19

‘‘(a) GRANT AUTHORITY.—20

‘‘(1) IN GENERAL.—Subject to the availability21

of appropriations, the Secretary shall provide finan-22

cial assistance to any city government, village cor-23

poration, or tribal council of St. George, Alaska, or24

St. Paul, Alaska.25

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‘‘(2) USE FOR MATCHING.—Notwithstanding1

any other provision of law relating to matching2

funds, funds provided by the Secretary as assistance3

under this subsection may be used by the entity as4

non-Federal matching funds under any Federal pro-5

gram that requires such matching funds.6

‘‘(3) RESTRICTION ON USE.—The Secretary7

may not use financial assistance authorized by this8

Act—9

‘‘(A) to settle any debt owed to the United10

States;11

‘‘(B) for administrative or overhead ex-12

penses; or13

‘‘(C) for contributions authorized under14

section 5(b)(3)(B) of the Pribilof Islands Tran-15

sition Act.16

‘‘(4) FUNDING INSTRUMENTS AND PROCE-17

DURES.—In providing assistance under this sub-18

section the Secretary shall transfer any funds appro-19

priated to carry out this section to the Secretary of20

the Interior, who shall obligate such funds through21

instruments and procedures that are equivalent to22

the instruments and procedures required to be used23

by the Bureau of Indian Affairs pursuant to title IV24

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of the Indian Self-Determination and Education As-1

sistance Act (25 U.S.C. 450 et seq.).2

‘‘(5) PRO RATA DISTRIBUTION OF ASSIST-3

ANCE.—In any fiscal year for which less than all of4

the funds authorized under subsection (c)(1) are ap-5

propriated, such funds shall be distributed under6

this subsection on a pro rata basis among the enti-7

ties referred to in subsection (c)(1) in the same pro-8

portions in which amounts are authorized by that9

subsection for grants to those entities.10

‘‘(b) SOLID WASTE ASSISTANCE.—11

‘‘(1) IN GENERAL.—Subject to the availability12

of appropriations, the Secretary shall provide assist-13

ance to the State of Alaska for designing, locating,14

constructing, redeveloping, permitting, or certifying15

solid waste management facilities on the Pribilof Is-16

lands to be operated under permits issued to the17

City of St. George and the City of St. Paul, Alaska,18

by the State of Alaska under section 46.03.100 of19

the Alaska Statutes.20

‘‘(2) TRANSFER.—The Secretary shall transfer21

any appropriations received under paragraph (1) to22

the State of Alaska for the benefit of rural and Na-23

tive villages in Alaska for obligation or award under24

section 303 of Public Law 104–182, except that sub-25

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section (b) of that section shall not apply to those1

funds.2

‘‘(3) LIMITATION.—In order to be eligible to re-3

ceive financial assistance under this subsection, not4

later than 180 days after the date of the enactment5

of this paragraph, each of the Cities of St. Paul and6

St. George shall enter into a written agreement with7

the State of Alaska under which such City shall8

identify by its legal boundaries the tract or tracts of9

land that such City has selected as the site for its10

solid waste management facility and any supporting11

infrastructure.12

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There13

are authorized to be appropriated to the Secretary for fis-14

cal years 2001, 2002, 2003, 2004, and 2005—15

‘‘(1) for assistance under subsection (a) a total16

not to exceed—17

‘‘(A) $9,000,000, for grants to the City of18

St. Paul;19

‘‘(B) $6,300,000, for grants to the20

Tanadgusix Corporation;21

‘‘(C) $1,500,000, for grants to the St.22

Paul Tribal Council;23

‘‘(D) $6,000,000, for grants to the City of24

St. George;25

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‘‘(E) $4,200,000, for grants to the St.1

George Tanaq Corporation; and2

‘‘(F) $1,000,000, for grants to the St.3

George Tribal Council; and4

‘‘(2) for assistance under subsection (b), for fis-5

cal years 2001, 2002, 2003, 2004, and 2005 a total6

not to exceed—7

‘‘(A) $6,500,000 for the City of St. Paul;8

and9

‘‘(B) $3,500,000 for the City of St.10

George.11

‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOB-12

BYING ACTIVITIES.—None of the funds authorized by this13

section may be available for any activity a purpose of14

which is to influence legislation pending before the Con-15

gress, except that this subsection shall not prevent officers16

or employees of the United States or of its departments,17

agencies, or commissions from communicating to Members18

of Congress, through proper channels, requests for legisla-19

tion or appropriations that they consider necessary for the20

efficient conduct of public business.21

‘‘(e) IMMUNITY FROM LIABILITY.—Neither the22

United States nor any of its agencies, officers, or employ-23

ees shall have any liability under this Act or any other24

law associated with or resulting from the designing, locat-25

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ing, contracting for, redeveloping, permitting, certifying,1

operating, or maintaining any solid waste management fa-2

cility on the Pribilof Islands as a consequence of—3

‘‘(1) having provided assistance to the State of4

Alaska under subsection (b); or5

‘‘(2) providing funds for, or planning, con-6

structing, or operating, any interim solid waste man-7

agement facilities that may be required by the State8

of Alaska before permanent solid waste management9

facilities constructed with assistance provided under10

subsection (b) are complete and operational.11

‘‘(f) REPORT ON EXPENDITURES.—Each entity12

which receives assistance authorized under subsection (c)13

shall submit an audited statement listing the expenditure14

of that assistance to the Committee on Appropriations and15

the Committee on Resources of the House of Representa-16

tives and the Committee on Appropriations and the Com-17

mittee on Commerce, Science, and Transportation of the18

Senate, on the last day of fiscal years 2002, 2004, and19

2006.20

‘‘(g) CONGRESSIONAL INTENT.—Amounts authorized21

under subsection (c) are intended by Congress to be pro-22

vided in addition to the base funding appropriated to the23

National Oceanic and Atmospheric Administration in fis-24

cal year 2000.’’.25

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SEC. 1005. DISPOSAL OF PROPERTY.1

Section 205 of the Fur Seal Act of 1966 (16 U.S.C.2

1165) is amended—3

(1) by amending subsection (c) to read as fol-4

lows:5

‘‘(c) Not later than 3 months after the date of the6

enactment of the Pribilof Islands Transition Act, the Sec-7

retary shall submit to the Committee on Commerce,8

Science, and Transportation of the Senate and the Com-9

mittee on Resources of the House of Representatives a re-10

port that includes—11

‘‘(1) a description of all property specified in12

the document referred to in subsection (a) that has13

been conveyed under that subsection;14

‘‘(2) a description of all Federal property speci-15

fied in the document referred to in subsection (a)16

that is going to be conveyed under that subsection;17

and18

‘‘(3) an identification of all Federal property on19

the Pribilof Islands that will be retained by the Fed-20

eral Government to meet its responsibilities under21

this Act, the Convention, and any other applicable22

law.’’; and23

(2) by striking subsection (g).24

SEC. 1006. TERMINATION OF RESPONSIBILITIES.25

(a) FUTURE OBLIGATION.—26

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(1) IN GENERAL.—The Secretary of Commerce1

shall not be considered to have any obligation to pro-2

mote or otherwise provide for the development of3

any form of an economy not dependent on sealing on4

the Pribilof Islands, Alaska, including any obligation5

under section 206 of the Fur Seal Act of 1966 (166

U.S.C. 1166) or section 3(c)(1)(A) of Public Law7

104–91 (16 U.S.C. 1165 note).8

(2) SAVINGS.—This subsection shall not affect9

any cause of action under section 206 of the Fur10

Seal Act of 1966 (16 U.S.C. 1166) or section11

3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 116512

note)—13

(A) that arose before the date of the enact-14

ment of this title; and15

(B) for which a judicial action is filed be-16

fore the expiration of the 5-year period begin-17

ning on the date of the enactment of this title.18

(3) RULE OF CONSTRUCTION.—Nothing in this19

title shall be construed to imply that—20

(A) any obligation to promote or otherwise21

provide for the development in the Pribilof Is-22

lands of any form of an economy not dependent23

on sealing was or was not established by section24

206 of the Fur Seal Act of 1966 (16 U.S.C.25

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1166), section 3(c)(1)(A) of Public Law 104–911

(16 U.S.C. 1165 note), or any other provision2

of law; or3

(B) any cause of action could or could not4

arise with respect to such an obligation.5

(4) CONFORMING AMENDMENT.—Section6

3(c)(1) of Public Law 104–91 (16 U.S.C. 11657

note) is amended by striking subparagraph (A) and8

redesignating subparagraphs (B) through (D) in9

order as subparagraphs (A) through (C).10

(b) PROPERTY CONVEYANCE AND CLEANUP.—11

(1) IN GENERAL.—Subject to paragraph (2),12

there are terminated all obligations of the Secretary13

of Commerce and the United States to—14

(A) convey property under section 205 of15

the Fur Seal Act of 1966 (16 U.S.C. 1165);16

and17

(B) carry out cleanup activities, including18

assessment, response, remediation, and moni-19

toring, except for postremedial measures such20

as monitoring and operation and maintenance21

activities, related to National Oceanic and At-22

mospheric Administration administration of the23

Pribilof Islands, Alaska, under section 3 of24

Public Law 104–91 (16 U.S.C. 1165 note) and25

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the Pribilof Islands Environmental Restoration1

Agreement between the National Oceanic and2

Atmospheric Administration and the State of3

Alaska, signed January 26, 1996.4

(2) APPLICATION.—Paragraph (1) shall apply5

on and after the date on which the Secretary of6

Commerce certifies that—7

(A) the State of Alaska has provided writ-8

ten confirmation that no further corrective ac-9

tion is required at the sites and operable units10

covered by the Pribilof Islands Environmental11

Restoration Agreement between the National12

Oceanic and Atmospheric Administration and13

the State of Alaska, signed January 26, 1996,14

with the exception of postremedial measures,15

such as monitoring and operation and mainte-16

nance activities;17

(B) the cleanup required under section18

3(a) of Public Law 104–91 (16 U.S.C. 116519

note) is complete;20

(C) the properties specified in the docu-21

ment referred to in subsection (a) of section22

205 of the Fur Seal Act of 1966 (16 U.S.C.23

1165(a)) can be unconditionally offered for con-24

veyance under that section; and25

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(D) all amounts appropriated under sec-1

tion 206(c)(1) of the Fur Seal Act of 1966, as2

amended by this title, have been obligated.3

(3) FINANCIAL CONTRIBUTIONS FOR CLEANUP4

COSTS.—(A) On and after the date on which section5

3(b)(5) of Public Law 104–91 (16 U.S.C. 11656

note) is repealed pursuant to subsection (c), the Sec-7

retary of Commerce may not seek or require finan-8

cial contribution by or from any local governmental9

entity of the Pribilof Islands, any official of such an10

entity, or the owner of land on the Pribilof Islands,11

for cleanup costs incurred pursuant to section 3(a)12

of Public Law 104–91 (as in effect before such re-13

peal), except as provided in subparagraph (B).14

(B) Subparagraph (A) shall not limit the au-15

thority of the Secretary of Commerce to seek or re-16

quire financial contribution from any person for17

costs or fees to clean up any matter that was caused18

or contributed to by such person on or after March19

15, 2000.20

(4) CERTAIN RESERVED RIGHTS NOT CONDI-21

TIONS.—For purposes of paragraph (2)(C), the fol-22

lowing requirements shall not be considered to be23

conditions on conveyance of property:24

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(A) Any requirement that a potential1

transferee must allow the National Oceanic and2

Atmospheric Administration continued access to3

the property to conduct environmental moni-4

toring following remediation activities.5

(B) Any requirement that a potential6

transferee must allow the National Oceanic and7

Atmospheric Administration access to the prop-8

erty to continue the operation, and eventual clo-9

sure, of treatment facilities.10

(C) Any requirement that a potential11

transferee must comply with institutional con-12

trols to ensure that an environmental cleanup13

remains protective of human health or the envi-14

ronment that do not unreasonably affect the15

use of the property.16

(D) Valid existing rights in the property,17

including rights granted by contract, permit,18

right-of-way, or easement.19

(E) The terms of the documents described20

in subsection (d)(2).21

(c) REPEALS.—Effective on the date on which the22

Secretary of Commerce makes the certification described23

in subsection (b)(2), the following provisions are repealed:24

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(1) Section 205 of the Fur Seal Act of 19661

(16 U.S.C. 1165).2

(2) Section 3 of Public Law 104–91 (16 U.S.C.3

1165 note).4

(d) SAVINGS.—5

(1) IN GENERAL.—Nothing in this title shall af-6

fect any obligation of the Secretary of Commerce, or7

of any Federal department or agency, under or with8

respect to any document described in paragraph (2)9

or with respect to any lands subject to such a docu-10

ment.11

(2) DOCUMENTS DESCRIBED.—The documents12

referred to in paragraph (1) are the following:13

(A) The Transfer of Property on the14

Pribilof Islands: Description, Terms, and Con-15

ditions, dated February 10, 1984, between the16

Secretary of Commerce and various Pribilof Is-17

land entities.18

(B) The Settlement Agreement between19

Tanadgusix Corporation and the City of St.20

Paul, dated January 11, 1988, and approved by21

the Secretary of Commerce on February 23,22

1988.23

(C) The Memorandum of Understanding24

between Tanadgusix Corporation, Tanaq Cor-25

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poration, and the Secretary of Commerce, dated1

December 22, 1976.2

(e) DEFINITIONS.—3

(1) IN GENERAL.—Except as provided in para-4

graph (2), the definitions set forth in section 101 of5

the Fur Seal Act of 1966 (16 U.S.C. 1151) shall6

apply to this section.7

(2) NATIVES OF THE PRIBILOF ISLANDS.—For8

purposes of this section, the term ‘‘Natives of the9

Pribilof Islands’’ includes the Tanadgusix Corpora-10

tion, the St. George Tanaq Corporation, and the city11

governments and tribal councils of St. Paul and St.12

George, Alaska.13

SEC. 1007. TECHNICAL AND CLARIFYING AMENDMENTS.14

(a) Section 3 of Public Law 104–91 (16 U.S.C. 116515

note) and the Fur Seal Act of 1966 (16 U.S.C. 1151 et16

seq.) are amended by—17

(1) striking ‘‘(d)’’ and all that follows through18

the heading for subsection (d) of section 3 of Public19

Law 104–91 and inserting ‘‘SEC. 212.’’; and20

(2) moving and redesignating such subsection21

so as to appear as section 212 of the Fur Seal Act22

of 1966.23

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(b) Section 201 of the Fur Seal Act of 1966 (161

U.S.C. 1161) is amended by striking ‘‘on such Islands’’2

and insert ‘‘on such property’’.3

(c) The Fur Seal Act of 1966 (16 U.S.C. 1151 et4

seq.) is amended by inserting before title I the following:5

‘‘SECTION 1. SHORT TITLE.6

‘‘This Act may be cited as the ‘Fur Seal Act of7

1966’.’’.8

SEC. 1008. AUTHORIZATION OF APPROPRIATIONS.9

Section 3 of Public Law 104–91 (16 U.S.C. 116510

note) is amended—11

(1) by striking subsection (f) and inserting the12

following:13

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—14

‘‘(1) IN GENERAL.—There are authorized to be15

appropriated $10,000,000 for each of fiscal years16

2001, 2002, 2003, 2004, and 2005 for the purposes17

of carrying out this section.18

‘‘(2) LIMITATION.—None of the funds author-19

ized by this subsection may be expended for the pur-20

pose of cleaning up or remediating any landfills,21

wastes, dumps, debris, storage tanks, property, haz-22

ardous or unsafe conditions, or contaminants, in-23

cluding petroleum products and their derivatives, left24

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by the Department of Defense or any of its compo-1

nents on lands on the Pribilof Islands, Alaska.’’; and2

(2) by adding at the end the following:3

‘‘(g) LOW-INTEREST LOAN PROGRAM.—4

‘‘(1) CAPITALIZATION OF REVOLVING FUND.—5

Of amounts authorized under subsection (f) for each6

of fiscal years 2001, 2002, 2003, 2004, and 2005,7

the Secretary may provide to the State of Alaska up8

to $2,000,000 per fiscal year to capitalize a revolv-9

ing fund to be used by the State for loans under this10

subsection.11

‘‘(2) LOW-INTEREST LOANS.—The Secretary12

shall require that any revolving fund established13

with amounts provided under this subsection shall be14

used only to provide low-interest loans to Natives of15

the Pribilof Islands to assess, respond to, remediate,16

and monitor contamination from lead paint, asbes-17

tos, and petroleum from underground storage tanks.18

‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE-19

FINED.—The definitions set forth in section 101 of20

the Fur Seal Act of 1966 (16 U.S.C. 1151) shall21

apply to this section, except that the term ‘Natives22

of the Pribilof Islands’ includes the Tanadgusix and23

Tanaq Corporations.24

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‘‘(4) REVERSION OF FUNDS.—Before the Sec-1

retary may provide any funds to the State of Alaska2

under this section, the State of Alaska and the Sec-3

retary must agree in writing that, on the last day of4

fiscal year 2011, and of each fiscal year thereafter5

until the full amount provided to the State of Alaska6

by the Secretary under this section has been repaid7

to the United States, the State of Alaska shall8

transfer to the Treasury of the United States monies9

remaining in the revolving fund, including principal10

and interest paid into the revolving fund as repay-11

ment of loans.’’.12

TITLE XI—SHARK FINNING13

SEC. 1101. SHORT TITLE.14

This title may be cited as the ‘‘Shark Finning Prohi-15

bition Act’’.16

SEC. 1102. PURPOSE.17

The purpose of this title is to eliminate shark-finning18

by addressing the problem comprehensively at both the na-19

tional and international levels.20

SEC. 1103. PROHIBITION ON REMOVING SHARK FIN AND21

DISCARDING SHARK CARCASS AT SEA.22

Section 307(1) of the Magnuson-Stevens Fishery23

Conservation and Management Act (16 U.S.C. 1857(1))24

is amended—25

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(1) by striking ‘‘or’ after the semicolon in sub-1

paragraph (N);2

(2) by striking ‘‘section 302(j)(7)(A).’’ in sub-3

paragraph (O) and inserting ‘‘section 302(j)(7)(A);4

or’’; and5

(3) by adding at the end the following:6

‘‘(P)(i) to remove any of the fins of a7

shark (including the tail) and discard the car-8

cass of the shark at sea;9

‘‘(ii) to have custody, control, or possession10

of any such fin aboard a fishing vessel without11

the corresponding carcass; or12

‘‘(iii) to land any such fin without the cor-13

responding carcass.14

‘‘For purposes of subparagraph (P) there is a rebut-15

table presumption that any shark fins landed from16

a fishing vessel or found on board a fishing vessel17

were taken, held, or landed in violation of subpara-18

graph (P) if the total weight of shark fins landed or19

found on board exceeds 5 percent of the total weight20

of shark carcasses landed or found on board.’’.21

SEC. 1104. REGULATIONS.22

No later than 180 days after the date of the enact-23

ment of this Act, the Secretary of Commerce shall promul-24

gate regulations implementing the provisions of section25

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307(1)(P) of the Magnuson-Stevens Fishery Conservation1

and Management Act (16 U.S.C. 1857(1)(P)), as added2

by section 1103 of this title.3

SEC. 1105. INTERNATIONAL NEGOTIATIONS.4

The Secretary of Commerce, acting through the Sec-5

retary of State, shall—6

(1) initiate discussions as soon as possible for7

the purpose of developing bilateral or multilateral8

agreements with other nations for the prohibition on9

shark-finning;10

(2) initiate discussions as soon as possible with11

all foreign governments which are engaged in, or12

which have persons or companies engaged in shark-13

finning, for the purposes of—14

(A) collecting information on the nature15

and extent of shark-finning by such persons16

and the landing or transshipment of shark fins17

through foreign ports; and18

(B) entering into bilateral and multilateral19

treaties with such countries to protect such spe-20

cies;21

(3) seek agreements calling for an international22

ban on shark-finning and other fishing practices ad-23

versely affecting these species through the United24

Nations, the Food and Agriculture Organization’s25

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Committee on Fisheries, and appropriate regional1

fishery management bodies;2

(4) initiate the amendment of any existing3

international treaty for the protection and conserva-4

tion of species of sharks to which the United States5

is a party in order to make such treaty consistent6

with the purposes and policies of this section;7

(5) urge other governments involved in fishing8

for or importation of shark or shark products to ful-9

fill their obligations to collect biological data, such10

as stock abundance and by-catch levels, as well as11

trade data, on shark species as called for in the12

1995 Resolution on Cooperation with FAO with Re-13

gard to study on the Status of Sharks and By-Catch14

of Shark Species; and15

(6) urge other governments to prepare and sub-16

mit their respective National Plan of Action for the17

Conservation and Management of Sharks to the18

2001 session of the FAO Committee on Fisheries, as19

set forth in the International Plan of Action for the20

Conservation and Management of Sharks.21

SEC. 1106. REPORT TO CONGRESS.22

The Secretary of Commerce, in consultation with the23

Secretary of State, shall provide to the Congress, by not24

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later than 1 year after the date of the enactment of this1

Act, and every year thereafter, a report which—2

(1) includes a list that identifies nations whose3

vessels conduct shark-finning and details the extent4

of the international trade in shark fins, including es-5

timates of value and information on harvesting of6

shark fins, and landings or transshipment of shark7

fins through foreign ports;8

(2) describes the efforts taken to carry out this9

title, and evaluates the progress of those efforts;10

(3) sets forth a plan of action to adopt inter-11

national measures for the conservation of sharks;12

and13

(4) includes recommendations for measures to14

ensure that United States actions are consistent15

with national, international, and regional obligations16

relating to shark populations, including those listed17

under the Convention on International Trade in En-18

dangered Species of Wild Flora and Fauna.19

SEC. 1107. RESEARCH.20

The Secretary of Commerce, subject to the avail-21

ability of appropriations authorized by section 1110, shall22

establish a research program for Pacific and Atlantic23

sharks to engage in the following data collection and re-24

search:25

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(1) The collection of data to support stock as-1

sessments of shark populations subject to incidental2

or directed harvesting by commercial vessels, giving3

priority to species according to vulnerability of the4

species to fishing gear and fishing mortality, and its5

population status.6

(2) Research to identify fishing gear and prac-7

tices that prevent or minimize incidental catch of8

sharks in commercial and recreational fishing.9

(3) Research on fishing methods that will en-10

sure maximum likelihood of survival of captured11

sharks after release.12

(4) Research on methods for releasing sharks13

from fishing gear that minimize risk of injury to14

fishing vessel operators and crews.15

(5) Research on methods to maximize the utili-16

zation of, and funding to develop the market for,17

sharks not taken in violation of a fishing manage-18

ment plan approved under section 303 or of section19

307(1)(P) of the Magnuson-Stevens Fishery Con-20

servation and Management Act (16 U.S.C. 1853,21

1857(1)(P)).22

(6) Research on the nature and extent of the23

harvest of sharks and shark fins by foreign fleets24

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and the international trade in shark fins and other1

shark products.2

SEC. 1108. WESTERN PACIFIC LONGLINE FISHERIES COOP-3

ERATIVE RESEARCH PROGRAM.4

The National Marine Fisheries Service, in consulta-5

tion with the Western Pacific Fisheries Management6

Council, shall initiate a cooperative research program with7

the commercial longlining industry to carry out activities8

consistent with this title, including research described in9

section 1107 of this title. The service may initiate such10

shark cooperative research programs upon the request of11

any other fishery management council.12

SEC. 1109. SHARK-FINNING DEFINED.13

In this title, the term ‘‘shark-finning’’ means the tak-14

ing of a shark, removing the fin or fins (whether or not15

including the tail) of a shark, and returning the remainder16

of the shark to the sea.17

SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.18

There are authorized to be appropriated to the Sec-19

retary of Commerce for fiscal years 2001 through 200520

such sums as are necessary to carry out this title.21

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TITLE XII—JOHN H. PRESCOTT1

MARINE MAMMAL RESCUE2

ASSISTANCE GRANT PRO-3

GRAM4

SEC. 1201. SHORT TITLE.5

This title may be cited as the ‘‘Marine Mammal Res-6

cue Assistance Act of 2000’’.7

SEC. 1202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE8

ASSISTANCE GRANT PROGRAM.9

(a) IN GENERAL.—Title IV of the Marine Mammal10

Protection Act of 1972 (16 U.S.C. 1371 et seq.) is11

amended—12

(1) by redesignating sections 408 and 409 as13

sections 409 and 410, respectively; and14

(2) by inserting after section 407 the following:15

‘‘SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE16

ASSISTANCE GRANT PROGRAM.17

‘‘(a) IN GENERAL.—(1) Subject to the availability of18

appropriations, the Secretary shall conduct a grant pro-19

gram to be known as the John H. Prescott Marine Mam-20

mal Rescue Assistance Grant Program, to provide grants21

to eligible stranding network participants for the recovery22

or treatment of marine mammals, the collection of data23

from living or dead marine mammals for scientific re-24

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search regarding marine mammal health, and facility op-1

eration costs that are directly related to those purposes.2

‘‘(2)(A) The Secretary shall ensure that, to the great-3

est extent practicable, funds provided as grants under this4

subsection are distributed equitably among the designated5

stranding regions.6

‘‘(B) In determining priorities among such regions,7

the Secretary may consider—8

‘‘(i) any episodic stranding or any mortality9

event other than an event described in section10

410(6), that occurred in any region in the preceding11

year; and12

‘‘(ii) data regarding average annual strandings13

and mortality events per region.14

‘‘(b) APPLICATION.—To receive a grant under this15

section, a stranding network participant shall submit an16

application in such form and manner as the Secretary may17

prescribe.18

‘‘(c) CONSULTATION.—The Secretary shall consult19

with the Marine Mammal Commission, a representative20

from each of the designated stranding regions, and other21

individuals who represent public and private organizations22

that are actively involved in rescue, rehabilitation, release,23

scientific research, marine conservation, and forensic24

science regarding stranded marine mammals, regarding25

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the development of criteria for the implementation of the1

grant program.2

‘‘(d) LIMITATION.—The amount of a grant under this3

section shall not exceed $100,000.4

‘‘(e) MATCHING REQUIREMENT.—5

‘‘(1) IN GENERAL.—The non-Federal share of6

the costs of an activity conducted with a grant under7

this section shall be 25 percent of such costs.8

‘‘(2) IN-KIND CONTRIBUTIONS.—The Secretary9

may apply to the non-Federal share of an activity10

conducted with a grant under this section the11

amount of funds, and the fair market value of prop-12

erty and services, provided by non-Federal sources13

and used for the activity.14

‘‘(f) ADMINISTRATIVE EXPENSES.—Of amounts15

available each fiscal year to carry out this section, the Sec-16

retary may expend not more than 6 percent or $80,000,17

whichever is greater, to pay the administrative expenses18

necessary to carry out this section.19

‘‘(g) DEFINITIONS.—In this section:20

‘‘(1) DESIGNATED STRANDING REGION.—The21

term ‘designated stranding region’ means a geo-22

graphic region designated by the Secretary for pur-23

poses of administration of this title.24

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‘‘(2) SECRETARY.—The term ‘Secretary’ has1

the meaning given that term in section 3(12)(A).2

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There3

are authorized to be appropriated to carry out this section4

$5,000,000 for each of fiscal years 2001 through 2003,5

to remain available until expended, of which—6

‘‘(1) $4,000,000 may be available to the Sec-7

retary of Commerce; and8

‘‘(2) $1,000,000 may be available to the Sec-9

retary of the Interior.’’.10

(b) CONFORMING AMENDMENT.—Section 3(12)(B)11

of the Marine Mammal Protection Act of 1972 (16 U.S.C.12

1362(12)(B)) is amended by inserting ‘‘(other than sec-13

tion 408)’’ after ‘‘title IV’’.14

(c) CLERICAL AMENDMENT.—The table of contents15

in the first section of the Marine Mammal Protection Act16

of 1972 (86 Stat. 1027) is amended by striking the items17

relating to sections 408 and 409 and inserting the fol-18

lowing:19

‘‘Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Pro-

gram.

‘‘Sec. 409. Authorization of appropriations.

‘‘Sec. 410. Definitions.’’.

SEC. 1203. STUDY OF THE EASTERN GRAY WHALE POPU-20

LATION.21

(a) STUDY.—Not later than 180 days after the date22

of the enactment of this Act and subject to the availability23

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of appropriations, the Secretary of Commerce shall initiate1

a study of the environmental and biological factors respon-2

sible for the significant increase in mortality events of the3

eastern gray whale population.4

(b) CONSIDERATION OF WESTERN POPULATION IN-5

FORMATION.—The Secretary should ensure that, to the6

greatest extent practicable, information from current and7

future studies of the western gray whale population is con-8

sidered in the study under this section, so as to better9

understand the dynamics of each population and to test10

different hypotheses that may lead to an increased under-11

standing of the mechanism driving their respective popu-12

lation dynamics.13

(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-14

tion to other amounts authorized under this title, there15

are authorized to be appropriated to the Secretary to carry16

out this section—17

(1) $290,000 for fiscal year 2001; and18

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(2) $500,000 for each of fiscal years 20021

through 2004.2

Passed the House of Representatives October 23,

2000.

Attest:

Clerk.

106TH CONGRESS2D SESSION H. R. 5086

AN ACTTo amend the National Marine Sanctuaries Act ofhonor Dr. Nancy Foster, and for other purposes.