H. R. 2584

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—UTROK ATOLL RADIOLOGICAL

MONITORING SUPPORT

SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT.

(a) In support of radiological monitoring, rehabilitation, and

resettlement of Utrok Atoll, whose residents were affected by United

States nuclear testing, the Secretary of Commerce may convey

to the Utrok Atoll local government without consideration, all right,

title, and interest of the United States in and to a decommissioned

National Oceanic and Atmospheric Administration ship in operable

condition.

(b) The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed

under this section after the date of the delivery of the vessel

to Utrok.

(c) Within 120 days after the date of enactment of this Act,

the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, shall submit a plan

for the use of the vessel to be conveyed under subsection (a) to

the House of Representatives Committee on Resources, the House

of Representatives Committee on Science, the Senate Committee

on Energy and Natural Resources, and the Senate Committee on

Commerce, Science, and Transportation.

TITLE II—RATIFICATION OF CERTAIN

NOAA APPOINTMENTS, PROMOTIONS,

AND ACTIONS

SEC. 201. RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS.

All action in the line of duty by, and all Federal agency actions

in relation to (including with respect to pay, benefits, and retirement) a de facto officer of the commissioned corps of the National

Oceanic and Atmospheric Administration who was appointed or
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promoted to that office without Presidential action, and without

the advice and consent of the Senate, during such time as the

officer was not properly appointed in or promoted to that office,

are hereby ratified and approved if otherwise in accord with the

law, and the President alone may, without regard to any other

law relating to appointments or promotions in such corps, appoint

or promote such a de facto officer temporarily, without change

in the grade currently occupied in a de facto capacity, as an officer

in such corps for a period ending not later than 180 days from

the date of enactment of this Act.

TITLE III—INTERNATIONAL FISHERIES

REAUTHORIZATION

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘International Fisheries Reauthorization Act of 2004’’.

SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN’S PROTECTIVE ACT OF 1967.

Section 7(e) of the Fishermen’s Protective Act of 1967 (22 U.S.C.

1977(e)) is amended by striking ‘‘2003’’ and inserting ‘‘2008’’.

SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000.

Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C.

5727) is amended by striking ‘‘2000’’ and all that follows through

‘‘2003’’ and inserting ‘‘2004 through 2008’’.

SEC. 304. REBUILDING FISH STOCKS.

Section 105 of division H of the Consolidated Appropriations

Act, 2004, is repealed.

TITLE IV—PACIFIC ALBACORE TUNA

TREATY

SEC. 401. IMPLEMENTATION.

(a) IN GENERAL.—Notwithstanding anything to the contrary

in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1821, 1824, and

1857(2)), foreign fishing may be conducted pursuant to the Treaty

between the Government of the United States of America and

the Government of Canada on Pacific Coast Albacore Tuna Vessels

and Port Privileges, signed at Washington May 26, 1981, including

its Annexes and any amendments thereto.

(b) REGULATIONS.—The Secretary of Commerce, with the

concurrence of the Secretary of State, may—

(1) promulgate regulations necessary to discharge the

obligations of the United States under the Treaty and its

Annexes; and

(2) provide for the application of any such regulation to

any person or vessel subject to the jurisdiction of the United

States, wherever that person or vessel may be located.

(c) ENFORCEMENT.—

(1) IN GENERAL.—The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall
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be enforced as if subsection (a) were a provision of that Act.

Any reference in the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1801 et seq.) to ‘‘this Act’’

or to any provision of that Act, shall be considered to be

a reference to that Act as it would be in effect if subsection

(a) were a provision of that Act.

(2) REGULATIONS.—The regulations promulgated under

subsection (b), shall be enforced as if—

(A) subsection (a) were a provision of the MagnusonStevens Fishery Conservation and Management Act (16

U.S.C. 1801 et seq.); and

(B) the regulations were promulgated under that Act.

SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.

Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C.

973d(a)) is amended by striking ‘‘outside of the 200 nautical mile

fisheries zones of the Pacific Island Parties.’’ and inserting ‘‘or

to fishing by vessels using the longline method in the high seas

areas of the Treaty area.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.