106TH CONGRESS

2D SESSION H. R. 5086

AN ACT

To amend the National Marine Sanctuaries Act of honor

Dr. Nancy Foster, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coastal and Fisheries

3 Improvement Act of 2000’’.

4 SEC. 2. TABLE OF CONTENTS.

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

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 Management 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 Program.

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

1 TITLE I—NATIONAL MARINE

2 SANCTUARIES

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘National Marine Sanc5 tuaries Amendments Act of 2000’’.

6 SEC. 102. AMENDMENT OF NATIONAL MARINE SANC7 TUARIES ACT.

8 Except as otherwise expressly provided, whenever in

9 this title an amendment or repeal is expressed in terms

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

11 other provision, the reference shall be considered to be

12 made to a section or other provision of the National Ma13 rine Sanctuaries Act (16 U.S.C. 1431 et seq.).
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1 SEC. 103. CHANGES IN FINDINGS, PURPOSES, AND POLI2 CIES; ESTABLISHMENT OF SYSTEM.

3 (a) CLERICAL AMENDMENT.—The heading for sec4 tion 301 (16 U.S.C. 1431) is amended to read as follows:

5 ‘‘SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTAB6 LISHMENT OF SYSTEM.’’.

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

8 is amended—

9 (1) in paragraph (2) by striking ‘‘research, edu10 cational, or esthetic’’ and inserting ‘‘scientific, edu11 cational, cultural, archaeological, or esthetic’’;

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

13 semicolon; and

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

15 inserting the following:

16 ‘‘(4) a Federal program which establishes areas

17 of the marine environment which have special con18 servation, recreational, ecological, historical, cultural,

19 archaeological, scientific, educational, or esthetic

20 qualities as national marine sanctuaries managed as

21 the National Marine Sanctuary System will—

22 ‘‘(A) improve the conservation, under23 standing, management, and wise and sustain24 able use of marine resources;
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1 ‘‘(B) enhance public awareness, under2 standing, and appreciation of the marine envi3 ronment; and

4 ‘‘(C) maintain for future generations the

5 habitat, and ecological services, of the natural

6 assemblage of living resources that inhabit

7 these areas.’’.

8 (c) PURPOSES AND POLICIES.—Section 301(b) (16

9 U.S.C. 1431(b)) is amended—

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

11 and inserting ‘‘significance and to manage these

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

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

14 (3) by redesignating paragraphs (5) through

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

16 (4) by inserting after paragraph (2) the fol17 lowing:

18 ‘‘(3) to maintain the natural biological commu19 nities in the national marine sanctuaries, and to pro20 tect, and, where appropriate, restore and enhance

21 natural habitats, populations, and ecological proc22 esses;

23 ‘‘(4) to enhance public awareness, under24 standing, appreciation, and wise and sustainable use

25 of marine environment, and the natural, historical,
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1 cultural, and archaeological resources of the Na2 tional Marine Sanctuary System;

3 ‘‘(5) to support, promote, and coordinate sci4 entific research on, and long-term monitoring of, the

5 resources of these marine areas;’’;

6 (5) in paragraph (8), as redesignated, by strik7 ing ‘‘areas;’’ and inserting ‘‘areas, including the ap8 plication of innovative management techniques;

9 and’’; and

10 (6) in paragraph (9), as redesignated, by strik11 ing ‘‘; and’’ and inserting a period.

12 (d) ESTABLISHMENT OF SYSTEM.—Section 301 is

13 amended by adding at the end the following:

14 ‘‘(c) ESTABLISHMENT OF SYSTEM.—There is estab15 lished the National Marine Sanctuary System, which shall

16 consist of national marine sanctuaries designated in ac17 cordance with this title.’’.

18 SEC. 104. CHANGES IN DEFINITIONS.

19 (a) DAMAGES.—Paragraph (6) of section 302 (16

20 U.S.C. 1432) is amended—

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

22 end of subparagraph (B); and

23 (2) by adding after subparagraph (C) the fol24 lowing:
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1 ‘‘(D) the cost of curation and conservation

2 of archaeological, historical, and cultural sanc3 tuary resources; and

4 ‘‘(E) the cost of enforcement actions un5 dertaken by the Secretary in response to the de6 struction or loss of, or injury to, a sanctuary re7 source;’’.

8 (b) RESPONSE COSTS.—Paragraph (7) of such sec9 tion is amended by inserting ‘‘, including costs related to

10 seizure, forfeiture, storage, or disposal arising from liabil11 ity under section 312’’ after ‘‘injury’’ the second place it

12 appears.

13 (c) SANCTUARY RESOURCE.—Paragraph (8) of such

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

15 and inserting ‘‘educational, cultural, archaeological, sci16 entific,’’.

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

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

19 end of paragraph (8);

20 (2) by striking the period at the end of para21 graph (9) and inserting ‘‘; and’’; and

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

23 ‘‘(10) ‘System’ means the National Marine

24 Sanctuary System established by section 301.’’.
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1 SEC. 105. CHANGES RELATING TO SANCTUARY DESIGNA2 TION STANDARDS.

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

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

5 ‘‘(1) determines that—

6 ‘‘(A) the designation will fulfill the pur7 poses and policies of this title;

8 ‘‘(B) the area is of special national signifi9 cance due to—

10 ‘‘(i) its conservation, recreational, eco11 logical, historical, scientific, cultural, ar12 chaeological, educational, or esthetic quali13 ties;

14 ‘‘(ii) the communities of living marine

15 resources it harbors; or

16 ‘‘(iii) its resource or human-use val17 ues;

18 ‘‘(C) existing State and Federal authorities

19 are inadequate or should be supplemented to

20 ensure coordinated and comprehensive con21 servation and management of the area, includ22 ing resource protection, scientific research, and

23 public education;

24 ‘‘(D) designation of the area as a national

25 marine sanctuary will facilitate the objectives in

26 subparagraph (C); and
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1 ‘‘(E) the area is of a size and nature that

2 will permit comprehensive and coordinated con3 servation and management; and’’.

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

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

6 (1) in paragraph (1) by striking ‘‘and’’ at the

7 end of subparagraph (H), by striking the period at

8 the end of subparagraph (I) and inserting a semi9 colon, and by adding at the end the following:

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

11 for monitoring the resources and natural proc12 esses that occur there;

13 ‘‘(K) the feasibility, where appropriate, of

14 employing innovative management approaches

15 to protect sanctuary resources or to manage

16 compatible uses; and

17 ‘‘(L) the value of the area as an addition

18 to the System.’’; and

19 (2) by striking paragraph (3).

20 SEC. 106. CHANGES IN PROCEDURES FOR SANCTUARY DES21 IGNATION AND IMPLEMENTATION.

22 (a) SUBMISSION OF NOTICE OF PROPOSED DESIGNA23 TION TO CONGRESS.—Section 304(a)(1)(C) (16 U.S.C.

24 1434(a)(1)(C)) is amended to read as follows:
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1 ‘‘(C) no later than the day on which the

2 notice required under subparagraph (A) is sub3 mitted to Office of the Federal Register, the

4 Secretary shall submit a copy of that notice and

5 the draft sanctuary designation documents pre6 pared pursuant to section 304(a)(2), including

7 an executive summary, to the Committee on Re8 sources of the House of Representatives, the

9 Committee on Commerce, Science, and Trans10 portation of the Senate, and the Governor of

11 each State in which any part of the proposed

12 sanctuary would be located.’’.

13 (b) SANCTUARY DESIGNATION DOCUMENTS.—Sec14 tion 304(a)(2) (16 U.S.C. 1434(a)(2)) is amended to read

15 as follows:

16 ‘‘(2) SANCTUARY DESIGNATION DOCUMENTS.—

17 The Secretary shall prepare and make available to

18 the public sanctuary designation documents on the

19 proposal that include the following:

20 ‘‘(A) A draft environmental impact state21 ment pursuant to the National Environmental

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

23 ‘‘(B) A resource assessment that

24 documents—
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1 ‘‘(i) present and potential uses of the

2 area, including commercial and rec3 reational fishing, research and education,

4 minerals and energy development, subsist5 ence uses, and other commercial, govern6 mental, or recreational uses;

7 ‘‘(ii) after consultation with the Sec8 retary of the Interior, any commercial, gov9 ernmental, or recreational resource uses in

10 the areas that are subject to the primary

11 jurisdiction of the Department of the Inte12 rior; and

13 ‘‘(iii) information prepared in con14 sultation with the Secretary of Defense,

15 the Secretary of Energy, and the Adminis16 trator of the Environmental Protection

17 Agency, on any past, present, or proposed

18 future disposal or discharge of materials in

19 the vicinity of the proposed sanctuary.

20 Public disclosure by the Secretary of such infor21 mation shall be consistent with national secu22 rity regulations.

23 ‘‘(C) A draft management plan for the pro24 posed national marine sanctuary that includes

25 the following:
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1 ‘‘(i) The terms of the proposed des2 ignation.

3 ‘‘(ii) Proposed mechanisms to coordi4 nate existing regulatory and management

5 authorities within the area.

6 ‘‘(iii) The proposed goals and objec7 tives, management responsibilities, re8 source studies, and appropriate strategies

9 for managing sanctuary resources of the

10 proposed sanctuary, including interpreta11 tion and education, innovative management

12 strategies, research, monitoring and as13 sessment, resource protection, restoration,

14 enforcement, and surveillance activities.

15 ‘‘(iv) An evaluation of the advantages

16 of cooperative State and Federal manage17 ment if all or part of the proposed sanc18 tuary is within the territorial limits of any

19 State or is superjacent to the subsoil and

20 seabed within the seaward boundary of a

21 State, as that boundary is established

22 under the Submerged Lands Act (43

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

24 ‘‘(v) An estimate of the annual cost to

25 the Federal Government of the proposed
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1 designation, including costs of personnel,

2 equipment and facilities, enforcement, re3 search, and public education.

4 ‘‘(vi) The proposed regulations re5 ferred to in paragraph (1)(A).

6 ‘‘(D) Maps depicting the boundaries of the

7 proposed sanctuary.

8 ‘‘(E) The basis for the findings made

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

10 ‘‘(F) An assessment of the considerations

11 under section 303(b)(1).’’.

12 (c) WITHDRAWAL OF DESIGNATION.—Section

13 304(b)(2) (16 U.S.C. 1434(b)(2)) is amended by inserting

14 ‘‘or System’’ after ‘‘sanctuary’’ the second place it ap15 pears.

16 (d) FEDERAL AGENCY ACTIONS AFFECTING SANC17 TUARY RESOURCES.—Section 304(d) (16 U.S.C.1434(d))

18 is amended by adding at the end the following:

19 ‘‘(4) FAILURE TO FOLLOW ALTERNATIVE.—If

20 the head of a Federal agency takes an action other

21 than an alternative recommended by the Secretary

22 and such action results in the destruction or loss of

23 or injury to a sanctuary resource, the head of the

24 agency shall promptly prevent and mitigate further
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1 damage and restore or replace the sanctuary re2 source in a manner approved by the Secretary.’’.

3 (e) EVALUATION OF PROGRESS IN IMPLEMENTING

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

5 1434(e)) is amended—

6 (1) by striking ‘‘management techniques,’’ and

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

8 and

9 (2) by adding at the end the following: ‘‘This

10 review shall include a prioritization of management

11 objectives.’’.

12 (f) LIMITATION ON DESIGNATION OF NEW SANC13 TUARIES.—Section 304 (16 U.S.C. 1434) is amended by

14 adding at the end the following:

15 ‘‘(f) LIMITATION ON DESIGNATION OF NEW SANC16 TUARIES.—

17 ‘‘(1) FINDING REQUIRED.—The Secretary may

18 not publish in the Federal Register any sanctuary

19 designation notice or regulations proposing to des20 ignate a new sanctuary, unless the Secretary has

21 published a finding that—

22 ‘‘(A) the addition of a new sanctuary will

23 not have a negative impact on the System; and
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1 ‘‘(B) sufficient resources were available in

2 the fiscal year in which the finding is made

3 to—

4 (i) effectively implement sanctuary

5 management plans for each sanctuary in

6 the System; and

7 (ii) complete site characterization

8 studies and inventory known sanctuary re9 sources, including cultural resources, for

10 each sanctuary in the System within 10

11 years after the date that the finding is

12 made if the resources available for those

13 activities are maintained at the same level

14 for each fiscal year in that 10 year period.

15 ‘‘(2) DEADLINE.—If the Secretary does not

16 submit the findings required by paragraph (1) before

17 February 1, 2004, the Secretary shall submit to the

18 Congress before October 1, 2004, a finding with re19 spect to whether the requirements of subparagraphs

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

21 existing sanctuaries.

22 ‘‘(3) LIMITATION ON APPLICATION.—Paragraph

23 (1) does not apply to any sanctuary designation doc24 uments for—
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1 ‘‘(A) a Thunder Bay National Marine

2 Sanctuary; or

3 ‘‘(B) a Northwestern Hawaiian Islands

4 National Marine Sanctuary.’’.

5 (g) NORTHWESTERN HAWAIIAN ISLANDS CORAL

6 REEF RESERVE.—

7 (1) PRESIDENTIAL DESIGNATION.—The Presi8 dent, after consultation with the Governor of the

9 State of Hawaii, may designate any Northwestern

10 Hawaiian Islands coral reef or coral reef ecosystem

11 as a coral reef reserve to be managed by the Sec12 retary of Commerce.

13 (2) SECRETARIAL ACTION.—Upon the designa14 tion of a reserve under paragraph (1) by the Presi15 dent, the Secretary shall—

16 (A) take action to initiate the designation

17 of the reserve as a national marine sanctuary

18 under sections 303 and 304 of the National

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

20 (B) establish a Northwestern Hawaiian Is21 lands Reserve Advisory Council under section

22 315 of that Act (16 U.S.C. 1445a), the mem23 bership of which shall include at least one rep24 resentative from Native Hawaiian groups; and
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1 (C) until the reserve is designated as a na2 tional marine sanctuary, manage the reserve in

3 a manner consistent with the purposes and poli4 cies of that Act.

5 (3) COORDINATION.—The Secretary shall work

6 with other Federal agencies to develop a coordinated

7 plan to make vessels and other resources available

8 for activities in the reserve.

9 (4) REVIEW.—If the Secretary has not des10 ignated a national marine sanctuary in the North11 western Hawaiian Islands under sections 303 and

12 304 of the National Marine Sanctuaries Act (16

13 U.S.C. 1433, 1434) before October 1, 2005, the Sec14 retary shall conduct a review of the management of

15 the reserve under section 304(e) of that Act (16

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

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

18 date of the enactment of this Act, the Secretary

19 shall submit a report to the Senate Committee on

20 Commerce, Science, and Transportation and the

21 House of Representatives Committee on Resources,

22 describing actions taken to implement this sub23 section, including costs of monitoring, enforcing, and

24 addressing marine debris, and the extent to which

25 the fiscal or other resources necessary to carry out
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1 this subsection are reflected in the Budget of the

2 United States Government submitted by the Presi3 dent under section 1104 of title 31, United States

4 Code.

5 (6) AUTHORIZATION OF APPROPRIATIONS.—Of

6 the amount authorized under section 311 of the Na7 tional Marine Sanctuaries Act (16 U.S.C. 1444) for

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

9 carrying out this section.

10 SEC. 107. CHANGES IN ACTIVITIES PROHIBITED.

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

12 (1) in the matter preceding paragraph (1) by

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

14 (2) in paragraph (2) by inserting ‘‘offer for

15 sale, purchase, import, export,’’ after ‘‘sell,’’; and

16 (3) by amending paragraph (3) to read as fol17 lows:

18 ‘‘(3) interfere with the enforcement of this title

19 by—

20 ‘‘(A) refusing to permit any officer author21 ized to enforce this title to board a vessel, other

22 than a vessel operated by the Department of

23 Defense or United States Coast Guard, subject

24 to such person’s control for the purposes of
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1 conducting any search or inspection in connec2 tion with the enforcement of this title;

3 ‘‘(B) resisting, opposing, impeding, intimi4 dating, interfering with, or forcibly assaulting

5 any person authorized by the Secretary to im6 plement this title or any such authorized officer

7 in the conduct of any search or inspection per8 formed under this title;

9 ‘‘(C) knowingly and willfully submitting

10 false information to the Secretary or any officer

11 authorized to enforce this title in connection

12 with any search or inspection conducted under

13 this title; or

14 ‘‘(D) resisting, opposing, impeding, intimi15 dating, harassing, bribing, interfering with, or

16 forcibly assaulting any person authorized by the

17 Secretary to implement the provisions of this

18 title; or’’.

19 SEC. 108. CHANGES IN ENFORCEMENT PROVISIONS.

20 (a) POWERS OF AUTHORIZED OFFICERS TO AR21 REST.—Section 307(b) (16 U.S.C. 1437(b)) is amended

22 by striking ‘‘and’’ after the semicolon at the end of para23 graph (4), by striking the period at the end of paragraph

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

25 following:
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1 ‘‘(6) arrest any person, if there is reasonable

2 cause to believe that such person has committed an

3 act prohibited by section 306(3).’’.

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

5 1437) is amended by redesignating subsections (c)

6 through (j) in order as subsections (d) through (k), and

7 by inserting after subsection (b) the following:

8 ‘‘(c) CRIMINAL OFFENSES.—

9 ‘‘(1) OFFENSES.—A person is guilty of an of10 fense under this subsection if the person commits

11 any act prohibited by section 306(3).

12 ‘‘(2) PUNISHMENT.—Any person that is guilty

13 of an offense under this subsection—

14 ‘‘(A) except as provided in subparagraph

15 (B), shall be fined under title 18, United States

16 Code, imprisoned for not more than 6 months,

17 or both; or

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

19 commission of such an offense uses a dangerous

20 weapon, engages in conduct that causes bodily

21 injury to any person authorized to enforce this

22 title or any person authorized to implement the

23 provisions of this title, or places any such per24 son in fear of imminent bodily injury, shall be
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1 fined under title 18, United States Code, im2 prisoned for not more than 10 years, or both.’’.

3 (c) SUBPOENAS OF ELECTRONIC FILES.—Subsection

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

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

6 after ‘‘books,’’.

7 (d) NATIONWIDE SERVICE OF PROCESS.—Section

8 307 (16 U.S.C. 1437) is amended by adding at the end

9 the following:

10 ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac11 tion by the United States under this title, process may

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

13 resides, transacts business, or has appointed an agent for

14 the service of process.’’.

15 SEC. 109. ADDITIONAL REGULATIONS AUTHORITY.

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

17 follows:

18 ‘‘SEC. 308. REGULATIONS.

19 ‘‘The Secretary may issue such regulations as may

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

21 SEC. 110. CHANGES IN RESEARCH, MONITORING, AND EDU22 CATION PROVISIONS.

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

24 follows:
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1 ‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

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

3 support, and coordinate research, monitoring, and edu4 cation programs consistent with subsections (b) and (c)

5 and the purposes and policies of this title.

6 ‘‘(b) RESEARCH AND MONITORING.—

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

8 ‘‘(A) support, promote, and coordinate re9 search on, and long-term monitoring of, sanc10 tuary resources and natural processes that

11 occur in national marine sanctuaries, including

12 exploration, mapping, and environmental and

13 socioeconomic assessment;

14 ‘‘(B) develop and test methods to enhance

15 degraded habitats or restore damaged, injured,

16 or lost sanctuary resources; and

17 ‘‘(C) support, promote, and coordinate re18 search on, and the conservation, curation, and

19 public display of, the cultural, archaeological,

20 and historical resources of national marine

21 sanctuaries.

22 ‘‘(2) AVAILABILITY OF RESULTS.—The results

23 of research and monitoring conducted by the Sec24 retary under this subsection shall be made available

25 to the public.

26 ‘‘(c) EDUCATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary may sup2 port, promote, and coordinate efforts to enhance

3 public awareness, understanding, and appreciation of

4 national marine sanctuaries and the System. Efforts

5 supported, promoted, or coordinated under this sub6 section must emphasize the conservation goals and

7 sustainable public uses of national marine sanc8 tuaries and the System.

9 ‘‘(2) EDUCATIONAL ACTIVITIES.—Activities

10 under this subsection may include education of the

11 general public, teachers, students, national marine

12 sanctuary users, and ocean and coastal resource

13 managers.

14 ‘‘(d) INTERPRETIVE FACILITIES.—

15 ‘‘(1) IN GENERAL.—The Secretary may develop

16 interpretive facilities near any national marine sanc17 tuary.

18 ‘‘(2) FACILITY REQUIREMENT.—Any facility de19 veloped under this subsection must emphasize the

20 conservation goals and sustainable public uses of na21 tional marine sanctuaries by providing the public

22 with information about the conservation, rec23 reational, ecological, historical, cultural, archae24 ological, scientific, educational, or esthetic qualities

25 of the national marine sanctuary.
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1 ‘‘(e) CONSULTATION AND COORDINATION.—In con2 ducting, supporting, and coordinating research, moni3 toring, and education programs under subsection (a) and

4 developing interpretive facilities under subsection (d), the

5 Secretary may consult or coordinate with Federal, re6 gional, or interstate agencies, States, or local govern7 ments.’’.

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

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

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

11 as subsections (c) through (g), and by inserting

12 after subsection (a) the following:

13 ‘‘(b) PUBLIC NOTICE REQUIRED.—The Secretary

14 shall provide appropriate public notice before identifying

15 any category of activity subject to a special use permit

16 under subsection (a).’’;

17 (2) by striking ‘‘insurance’’ in paragraph (4) of

18 subsection (c), as redesignated, and inserting ‘‘insur19 ance, or post an equivalent bond,’’;

20 (3) by striking ‘‘resource and a reasonable re21 turn to the United States Government.’’ in para22 graph (2)(C) of subsection (d), as redesignated, and

23 inserting ‘‘resource.’’;

24 (4) in subsection (d)(3)(B), as redesignated, by

25 striking ‘‘designating and’’; and
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1 (5) in subsection (d), as redesignated, by insert2 ing after paragraph (3) the following:

3 ‘‘(4) WAIVER OR REDUCTION OF FEES.—The

4 Secretary may accept in-kind contributions in lieu of

5 a fee under paragraph (2)(C), or waive or reduce

6 any fee assessed under this subsection for any activ7 ity that does not derive profit from the access to or

8 use of sanctuary resources.’’.

9 SEC. 112. CHANGES IN COOPERATIVE AGREEMENTS PROVI10 SIONS.

11 (a) AGREEMENTS AND GRANTS.—Section 311(a) (16

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

13 ‘‘(a) AGREEMENTS AND GRANTS.—The Secretary

14 may enter into cooperative agreements, contracts, or other

15 agreements with, or make grants to, States, local govern16 ments, regional agencies, interstate agencies, or other per17 sons to carry out the purposes and policies of this title.’’.

18 (b) USE OF RESOURCES FROM OTHER GOVERNMENT

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

20 adding at the end the following:

21 ‘‘(e) USE OF RESOURCES OF OTHER GOVERNMENT

22 AGENCIES.—The Secretary may, whenever appropriate,

23 enter into an agreement with a State or other Federal

24 agency to use the personnel, services, or facilities of such
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1 agency on a reimbursable or nonreimbursable basis, to as2 sist in carrying out the purposes and policies of this title.

3 ‘‘(f) AUTHORITY TO OBTAIN GRANTS.—Notwith4 standing any other provision of law that prohibits a Fed5 eral agency from receiving assistance, the Secretary may

6 apply for, accept, and use grants from other Federal agen7 cies, States, local governments, regional agencies, inter8 state agencies, foundations, or other persons, to carry out

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

10 SEC. 113. CHANGES IN PROVISIONS CONCERNING DE11 STRUCTION, LOSS, OR INJURY.

12 (a) VENUE FOR CIVIL ACTIONS.—Section 312(c) (16

13 U.S.C. 1443(c)) is amended—

14 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney

15 General’’;

16 (2) in paragraph (1) (as so designated) in the

17 first sentence by striking ‘‘in the United States dis18 trict court for the appropriate district’’; and

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

20 ‘‘(2) An action under this subsection may be brought

21 in the United States district court for any district in

22 which—

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

24 doing business, in the case of an action against a

25 person;
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1 ‘‘(B) the vessel is located, in the case of an ac2 tion against a vessel; or

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

4 sanctuary resource occurred.’’.

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

6 (16 U.S.C. 1443(d)) is amended by striking paragraphs

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

8 ‘‘(1) RESPONSE COSTS.—Amounts recovered by

9 the United States for costs of response actions and

10 damage assessments under this section shall be

11 used, as the Secretary considers appropriate—

12 ‘‘(A) to reimburse the Secretary or any

13 other Federal or State agency that conducted

14 those activities; and

15 ‘‘(B) after reimbursement of such costs, to

16 restore, replace, or acquire the equivalent of

17 any sanctuary resource.

18 ‘‘(2) OTHER AMOUNTS.—All other amounts re19 covered shall be used, in order of priority—

20 ‘‘(A) to restore, replace, or acquire the

21 equivalent of the sanctuary resources that were

22 the subject of the action, including for costs of

23 monitoring and the costs of curation and con24 servation of archaeological, historical, and cul25 tural sanctuary resources;
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1 ‘‘(B) to restore degraded sanctuary re2 sources of the national marine sanctuary that

3 was the subject of the action, giving priority to

4 sanctuary resources and habitats that are com5 parable to the sanctuary resources that were

6 the subject of the action; and

7 ‘‘(C) to restore degraded sanctuary re8 sources of other national marine sanctuaries.’’.

9 (c) STATUTE OF LIMITATIONS.—Section 312 (16

10 U.S.C. 1443) is amended by adding at the end the fol11 lowing:

12 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re13 sponse costs or damages under subsection (c) shall be

14 barred unless the complaint is filed within 3 years after

15 the date on which the Secretary completes a damage as16 sessment and restoration plan for the sanctuary resources

17 to which the action relates.’’.

18 SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

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

20 follows:

21 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated to the

23 Secretary—

24 ‘‘(1) to carry out this title—

25 ‘‘(A) $34,000,000 for fiscal year 2001;
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1 ‘‘(B) $36,000,000 for fiscal year 2002;

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

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

4 and

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

6 ‘‘(2) for construction projects at national ma7 rine sanctuaries, $6,000,000 for each of fiscal years

8 2001, 2002, 2003, 2004, and 2005.’’.

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

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

11 subsection (b) and redesignating subsection (c) as sub12 section (b).

13 SEC. 116. CHANGES IN ADVISORY COUNCIL PROVISIONS.

14 Section 315 (16 U.S.C. 1445a) is amended by strik15 ing ‘‘provide assistance’’ in subsection (a) and inserting

16 ‘‘advise and make recommendations’’.

17 SEC. 117. CHANGES IN THE SUPPORT ENHANCEMENT PRO18 VISIONS.

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

20 (1) in subsection (a)(1), by inserting ‘‘or the

21 System’’ after ‘‘sanctuaries’’;

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

23 symbol published under paragraph (1)’’ and insert24 ing ‘‘manufacture, reproduction, or other use of any
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1 symbol published under paragraph (1), including the

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

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

4 follows:

5 ‘‘(3) to manufacture, reproduce, or otherwise

6 use any symbol adopted by the Secretary under sub7 section (a)(1), including to sell any item bearing

8 such a symbol, unless authorized by the Secretary

9 under subsection (a)(4) or subsection (f); or’’; and

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

11 ‘‘(f) COLLABORATIONS.—The Secretary may author12 ize the use of a symbol adopted by the Secretary under

13 subsection (a)(1) by any person engaged in a collaborative

14 effort with the Secretary to carry out the purposes and

15 policies of this title and to benefit a national marine sanc16 tuary or the System.

17 ‘‘(g) AUTHORIZATION FOR NON-PROFIT PARTNER

18 ORGANIZATION TO SOLICIT SPONSORS.—

19 ‘‘(1) IN GENERAL.—The Secretary may enter

20 into an agreement with a nonprofit partner organi21 zation authorizing it to assist in the administration

22 of the sponsorship program established under this

23 section. Under an agreement entered into under this

24 paragraph, the Secretary may authorize the non25 profit partner organization to solicit persons to be
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1 official sponsors of the national marine sanctuary

2 system or of individual national marine sanctuaries,

3 upon such terms as the Secretary deems reasonable

4 and will contribute to the successful administration

5 of the sanctuary system. The Secretary may also au6 thorize the non-profit partner organization to collect

7 the statutory contribution from the sponsor, and

8 transfer the contribution to the Secretary.

9 ‘‘(2) PARTNER ORGANIZATION DEFINED.—In

10 this subsection, the term ‘partner organization’

11 means an organization that—

12 ‘‘(A) draws its membership from individ13 uals, private organizations, corporations, aca14 demic institutions, or State and local govern15 ments; and

16 ‘‘(B) is established to promote the under17 standing of, education relating to, and the con18 servation of the resources of a particular sanc19 tuary or two or more related sanctuaries.’’.

20 SEC. 118. ESTABLISHMENT OF DR. NANCY FOSTER SCHOL21 ARSHIP PROGRAM.

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

23 1431 et seq.) is amended by redesignating section 317 as

24 section 318, and by inserting after section 316 the fol25 lowing:
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1 ‘‘SEC. 317. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab3 lish and administer through the National Ocean Service

4 the Dr. Nancy Foster Scholarship Program. Under the

5 program, the Secretary shall award graduate education

6 scholarships in oceanography, marine biology or maritime

7 archaeology, to be known as Dr. Nancy Foster Scholar8 ships.

9 ‘‘(b) PURPOSE.—The purpose of the Dr. Nancy Fos10 ter Scholarship Program is to encourage outstanding

11 scholarship and independent graduate level research in

12 oceanography, marine biology or maritime archaeology,

13 particularly by women and members of minority groups.

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

15 ‘‘(1) shall be used to support graduate studies

16 in oceanography, marine biology or maritime archae17 ology at a graduate level institution of higher edu18 cation; and

19 ‘‘(2) shall be awarded in accordance with guide20 lines issued by the Secretary.

21 ‘‘(d) DISTRIBUTION OF FUNDS.—The amount of

22 each Dr. Nancy Foster Scholarship shall be provided di23 rectly to a recipient selected by the Secretary upon receipt

24 of certification that the recipient will adhere to a specific

25 and detailed plan of study and research approved by a

26 graduate level institution of higher education.
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1 ‘‘(e) FUNDING.—Of the amount available each fiscal

2 year to carry out this title, the Secretary shall award 1

3 percent as Dr. Nancy Foster Scholarships.

4 ‘‘(f) SCHOLARSHIP REPAYMENT REQUIREMENT.—

5 The Secretary shall require an individual receiving a schol6 arship under this section to repay the full amount of the

7 scholarship to the Secretary if the Secretary determines

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

9 engaged in fraudulent conduct or failed to comply with

10 any term or condition of the scholarship.

11 ‘‘(g) MARITIME ARCHAEOLOGY DEFINED.—In this

12 section the term ‘maritime archaeology’ includes the

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

14 SEC. 119. CLERICAL AMENDMENTS.

15 (a) CORRECTION OF REFERENCES TO FORMER COM16 MITTEE.—The following provisions are amended by strik17 ing ‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Re18 sources’’:

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

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

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

22 (b) CORRECTION OF REFERENCE TO RENAMED

23 ACT.—(1) Section 302(2) is amended to read as follows:
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1 ‘‘(2) ‘Magnuson-Stevens Act’ means the Mag2 nuson-Stevens Fishery Conservation and Manage3 ment Act (16 U.S.C. 1801 et seq.);’’.

4 (2) Section 302(9) is amended by striking ‘‘Magnu5 son Fishery Conservation and Management Act’’ and in6 serting ‘‘Magnuson-Stevens Act’’.

7 (3) Section 303(b)(2)(D) is amended by striking

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

9 (4) Section 304(a)(5) is amended by striking ‘‘Mag10 nuson Act’’ and inserting ‘‘Magnuson-Stevens Act’’.

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

12 amended by striking ‘‘Magnuson Fishery Conservation

13 and Management Act’’ and inserting ‘‘Magnuson-Stevens

14 Act’’.

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

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

17 and inserting ‘‘UNITED STATES’’.

18 TITLE II—MISCELLANEOUS

19 FISHERY STATUTE REAU20 THORIZATIONS

21 SEC. 201. MARINE FISH PROGRAM.

22 (a) FISHERIES INFORMATION COLLECTION AND

23 ANALYSIS.—There are authorized to be appropriated to

24 the Secretary of Commerce, to enable the National Oce25 anic and Atmospheric Administration to carry out fish-
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1 eries information and analysis activities under the Fish

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

3 any other law involving those activities, $52,890,000 for

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

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

6 but are not limited to, the collection, analysis, and dis7 semination of scientific information necessary for the man8 agement of living marine resources and associated marine

9 habitat.

10 (b) FISHERIES CONSERVATION AND MANAGEMENT

11 OPERATIONS.—There are authorized to be appropriated

12 to the Secretary of Commerce, to enable the National Oce13 anic and Atmospheric Administration to carry out activi14 ties relating to fisheries conservation and management op15 erations under the Fish and Wildlife Act of 1956 (16

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

17 activities, $30,770,000 for fiscal year 2001, and

18 $31,641,000 for each of the fiscal years 2002, 2003, and

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

20 development, implementation, and enforcement of con21 servation and management measures to achieve continued

22 optimum use of living marine resources, hatchery oper23 ations, habitat conservation, and protected species man24 agement.
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1 (c) FISHERIES STATE AND INDUSTRY COOPERATIVE

2 PROGRAMS.—There are authorized to be appropriated to

3 the Secretary of Commerce, to enable the National Oce4 anic and Atmospheric Administration to carry out State

5 and industry cooperative programs under the Fish and

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

7 other law involving those activities, $28,520,000 for fiscal

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

9 2002, 2003, and 2004. These activities include, but are

10 not limited to, ensuring the quality and safety of seafood

11 products and providing grants to States for improving the

12 management of interstate fisheries.

13 (d) RELATION TO OTHER LAWS.—Authorizations

14 under this section shall be in addition to monies author15 ized under the Magnuson-Stevens Fishery Conservation

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

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

18 1361 et seq.), the Endangered Species Act of 1973 (16

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

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

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

22 SEC. 202. INTERJURISDICTIONAL FISHERIES ACT OF 1986

23 AMENDMENTS.

24 Section 308 of the Interjurisdictional Fisheries Act

25 of 1986 (16 U.S.C. 4107) is amended—
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1 (1) by amending subsection (a) to read as fol2 lows:

3 ‘‘(a) GENERAL APPROPRIATIONS.—There are author4 ized to be appropriated to the Department of Commerce

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

6 ‘‘(1) $4,900,000 for fiscal year 2001; and

7 ‘‘(2) $5,400,000 for each of the fiscal years

8 2002, 2003, and 2004.’’; and

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

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

11 years 1998, 1999, and 2000’’ and inserting

12 ‘‘$800,000 for fiscal year 2001, and $850,000 for

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

14 SEC. 203. ANADROMOUS FISHERIES AMENDMENTS.

15 Section 4 of the Anadromous Fish Conservation Act

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

17 ‘‘AUTHORIZATION OF APPROPRIATIONS

18 ‘‘SEC. 4. (a)(1) There are authorized to be appro19 priated to carry out the purposes of this Act not to exceed

20 the following sums:

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

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

23 2003, and 2004.

24 ‘‘(2) Sums appropriated under this subsection are au25 thorized to remain available until expended.
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1 ‘‘(b) Not more than $625,000 of the funds appro2 priated under this section in any one fiscal year shall be

3 obligated in any one State.’’.

4 TITLE III—REIMBURSEMENT OF

5 EXPENSES

6 SEC. 301. REIMBURSEMENT OF EXPENSES.

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

8 United States Code, all amounts received by the United

9 States in settlement of, or judgment for, damage claims

10 arising from the October 9, 1992, allision of the vessel

11 ZACHARY into the National Oceanic and Atmospheric

12 Administration research vessel DISCOVERER, and from

13 the disposal of marine assets, and all amounts received

14 by the United States from the disposal of marine assets

15 of the National Oceanic and Atmospheric

16 Administration—

17 (1) shall be retained as an offsetting collection

18 in the Operations, Research and Facilities account

19 of the National Oceanic and Atmospheric Adminis20 tration;

21 (2) shall be deposited into that account upon

22 receipt by the United States Government; and

23 (3) shall be available only for obligation for Na24 tional Oceanic and Atmospheric Administration hy25 drographic and fisheries vessel operations.
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1 TITLE IV—EXTENSION OF PE2 RIOD FOR REIMBURSEMENT

3 UNDER FISHERMEN’S PRO4 TECTIVE ACT OF 1967

5 SEC. 401. SHORT TITLE.

6 This title may be cited as the ‘‘Fishermen’s Protec7 tive Act Amendments of 2000’’.

8 SEC. 402. EXTENSION OF PERIOD FOR REIMBURSEMENT

9 UNDER FISHERMEN’S PROTECTIVE ACT OF

10 1967.

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

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

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

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

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

16 1977(a)(3)) is amended by striking ‘‘Secretary of the Inte17 rior’’ and inserting ‘‘Secretary of Commerce’’.

18 TITLE V—YUKON RIVER SALMON

19 SEC. 501. SHORT TITLE.

20 This title may be cited as the ‘‘Yukon River Salmon

21 Act of 2000’’.

22 SEC. 502. YUKON RIVER SALMON PANEL.

23 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—There shall be a Yukon

2 River Salmon Panel (in this title referred to as the

3 ‘‘Panel’’).

4 (2) FUNCTIONS.—The Panel shall—

5 (A) advise the Secretary of State regarding

6 the negotiation of any international agreement

7 with Canada relating to management of salmon

8 stocks originating from the Yukon River in

9 Canada;

10 (B) advise the Secretary of the Interior re11 garding restoration and enhancement of such

12 salmon stocks; and

13 (C) perform other functions relating to

14 conservation and management of such salmon

15 stocks as authorized by this title or any other

16 law.

17 (3) DESIGNATION AS UNITED STATES REP18 RESENTATIVES ON BILATERAL BODY.—The Sec19 retary of State may designate the members of the

20 Panel to be the United States representatives on any

21 successor to the panel established by the interim

22 agreement for the conservation of salmon stocks

23 originating from the Yukon River in Canada agreed

24 to through an exchange of notes between the Gov25 ernment of the United States and the Government
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1 of Canada on February 3, 1995, if authorized by

2 any agreement establishing such successor.

3 (b) MEMBERSHIP.—

4 (1) IN GENERAL.—The Panel shall be com5 prised of six members, as follows:

6 (A) One member who is an official of the

7 United States Government with expertise in

8 salmon conservation and management, who

9 shall be appointed by the Secretary of State.

10 (B) One member who is an official of the

11 State of Alaska with expertise in salmon con12 servation and management, who shall be ap13 pointed by the Governor of Alaska.

14 (C) Four members who are knowledgeable

15 and experienced with regard to the salmon fish16 eries on the Yukon River, who shall be ap17 pointed by the Secretary of State.

18 (2) APPOINTEES FROM ALASKA.—(A) The Sec19 retary of State shall appoint the members under

20 paragraph (1)(C) from a list of at least three indi21 viduals nominated for each position by the Governor

22 of Alaska.

23 (B) In making the nominations, the Governor

24 of Alaska may consider suggestions for nominations
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1 provided by organizations with expertise in Yukon

2 River salmon fisheries.

3 (C) The Governor of Alaska may make appro4 priate nominations to allow for appointment of, and

5 the Secretary of State shall appoint, under para6 graph (1)(C)—

7 (i) at least one member who is qualified to

8 represent the interests of Lower Yukon River

9 fishing districts; and

10 (ii) at least one member who is qualified to

11 represent the interests of Upper Yukon River

12 fishing districts.

13 (D) At least one of the members appointed

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

15 (3) ALTERNATES.—(A) The Secretary of State

16 may designate an alternate Panel member for each

17 Panel member the Secretary appoints under para18 graphs (1)(A) and (C), who meets the same quali19 fications, to serve in the absence of the Panel mem20 ber.

21 (B) The Governor of the State of Alaska may

22 designate an alternative Panel member for the Panel

23 member appointed under paragraph (1)(B), who

24 meets the same qualifications, to serve in the ab25 sence of that Panel member.
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1 (c) TERM LENGTH.—Panel members and alternate

2 Panel members shall serve four-year terms. Any individual

3 appointed to fill a vacancy occurring before the expiration

4 of any term shall be appointed for the remainder of that

5 term.

6 (d) REAPPOINTMENT.—Panel members and alternate

7 Panel members shall be eligible for reappointment.

8 (e) DECISIONS.—Decisions of the Panel shall be

9 made by the consensus of the Panel members appointed

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

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

12 Panel members may consult with such other interested

13 parties as they consider appropriate.

14 SEC. 503. ADVISORY COMMITTEE.

15 (a) APPOINTMENTS.—The Governor of Alaska may

16 establish and appoint an advisory committee (in this title

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

18 eight, but not more than 12, individuals who are knowl19 edgeable and experienced with regard to the salmon fish20 eries on the Yukon River. At least two of the advisory

21 committee members shall be Alaska Natives. Members of

22 the advisory committee may attend all meetings of the

23 Panel, and shall be given the opportunity to examine and

24 be heard on any matter under consideration by the Panel.
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1 (b) COMPENSATION.—The members of such advisory

2 committee shall receive no compensation for their services.

3 (c) TERM LENGTH.—Members of such advisory com4 mittee shall serve two-year terms. Any individual ap5 pointed to fill a vacancy occurring before the expiration

6 of any term shall be appointed for the remainder of that

7 term.

8 (d) REAPPOINTMENT.—Members of such advisory

9 committee shall be eligible for reappointment.

10 SEC. 504. EXEMPTION.

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

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

13 SEC. 505. AUTHORITY AND RESPONSIBILITY.

14 (a) RESPONSIBLE MANAGEMENT ENTITY.—The

15 State of Alaska Department of Fish and Game shall be

16 the responsible management entity for the United States

17 for the purposes of any agreement with Canada regarding

18 management of salmon stocks originating from the Yukon

19 River in Canada.

20 (b) EFFECT OF DESIGNATION.—The designation

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

22 diminish, or otherwise change the management authority

23 of the State of Alaska or the Federal Government with

24 respect to fishery resources.
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1 (c) RECOMMENDATIONS OF PANEL.—In addition to

2 recommendations made by the Panel to the responsible

3 management entities in accordance with any agreement

4 with Canada regarding management of salmon stocks

5 originating from the Yukon River in Canada, the Panel

6 may make recommendations concerning the conservation

7 and management of salmon originating in the Yukon River

8 to the Department of the Interior, the Department of

9 Commerce, the Department of State, the North Pacific

10 Fishery Management Council, and other Federal or State

11 entities as appropriate. Recommendations by the Panel

12 shall be advisory in nature.

13 SEC. 506. ADMINISTRATIVE MATTERS.

14 (a) COMPENSATION.—Panel members and alternate

15 Panel members who are not State or Federal employees

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

17 the General Schedule when engaged in the actual perform18 ance of duties.

19 (b) TRAVEL AND OTHER NECESSARY EXPENSES.—

20 Travel and other necessary expenses shall be paid by the

21 Secretary of the Interior for all Panel members, alternate

22 Panel members, and members of the advisory committee

23 when such members are engaged in the actual perform24 ance of duties for the Panel or advisory committee.
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1 (c) TREATMENT AS FEDERAL EMPLOYEES.—Except

2 for officials of the United States Government, all Panel

3 members, alternate Panel members, and members of the

4 advisory committee shall not be considered to be Federal

5 employees while engaged in the actual performance of du6 ties, except for the purposes of injury compensation or tort

7 claims liability as provided in chapter 81 of title 5, United

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

9 Code.

10 SEC. 507. YUKON RIVER SALMON STOCK RESTORATION

11 AND ENHANCEMENT PROJECTS.

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

13 consultation with the Secretary of Commerce, may carry

14 out projects to restore or enhance salmon stocks origi15 nating from the Yukon River in Canada and the United

16 States.

17 (b) COOPERATION WITH CANADA.—If there is in ef18 fect an agreement between the Government of the United

19 States and the Government of Canada for the conservation

20 of salmon stocks originating from the Yukon River in Can21 ada that includes provisions governing projects authorized

22 under this section, then—

23 (1) projects under this section shall be carried

24 out in accordance with that agreement; and
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1 (2) amounts available for projects under this

2 section—

3 (A) shall be expended in accordance with

4 the agreement; and

5 (B) may be deposited in any joint account

6 established by the agreement to fund such

7 projects.

8 SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to the Sec10 retary of the Interior to carry out this title $4,000,000

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

12 which—

13 (1) such sums as are necessary shall be avail14 able each fiscal year for travel expenses of Panel

15 members, alternate Panel members, United States

16 members of the Joint Technical Committee estab17 lished by paragraph C.2 of the memorandum of un18 derstanding concerning the Pacific Salmon Treaty

19 between the Government of the United States and

20 the Government of Canada (recorded January 28,

21 1985), and members of the advisory committee, in

22 accordance with Federal Travel Regulations and sec23 tions 5701, 5702, 5704 through 5708, and 5731 of

24 title 5, United States Code;
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1 (2) such sums as are necessary shall be avail2 able for the United States share of expenses in3 curred by the Joint Technical Committee and any

4 panel established by any agreement between the

5 Government of the United States and the Govern6 ment of Canada for restoration and enhancement of

7 salmon originating in Canada;

8 (3) up to $3,000,000 shall be available each fis9 cal year for activities by the Department of the Inte10 rior and the Department of Commerce for survey,

11 restoration, and enhancement activities related to

12 salmon stocks originating from the Yukon River in

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

14 each fiscal year for Yukon River salmon stock res15 toration and enhancement projects under section

16 507(b); and

17 (4) $600,000 shall be available each fiscal year

18 for cooperative salmon research and management

19 projects in the portion of the Yukon River drainage

20 located in the United States that are recommended

21 by the Panel.
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1 TITLE VI—FISHERY

2 INFORMATION ACQUISITION

3 SEC. 601. SHORT TITLE.

4 This title may be cited as the ‘‘Fisheries Survey Ves5 sel Authorization Act of 2000’’.

6 SEC. 602. ACQUISITION OF FISHERY SURVEY VESSELS.

7 (a) IN GENERAL.—The Secretary of Commerce, sub8 ject to the availability of appropriations, may in accord9 ance with this section acquire, by purchase, lease, lease10 purchase, or charter, and equip up to six fishery survey

11 vessels in accordance with this section.

12 (b) VESSEL REQUIREMENTS.—Any vessel acquired

13 and equipped under this section must—

14 (1) be capable of—

15 (A) staying at sea continuously for at least

16 30 days;

17 (B) conducting fishery population surveys

18 using hydroacoustic, longlining, deep water, and

19 pelagic trawls, and other necessary survey tech20 niques; and

21 (C) conducting other work necessary to

22 provide fishery managers with the accurate and

23 timely data needed to prepare and implement

24 fishery management plans; and
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1 (2) have a hull that meets the International

2 Council for Exploration of the Sea standard regard3 ing acoustic quietness.

4 (c) FISHERIES RESEARCH VESSEL PROCURE5 MENT.—Notwithstanding section 644 of title 15, United

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

7 Federal Regulations, the Secretary of Commerce shall

8 seek to procure Fisheries Research Vessels through full

9 and open competition from responsible United States ship10 building companies irrespective of size.

11 (d) AUTHORIZATION.—To carry out this section there

12 are authorized to be appropriated to the Secretary of Com13 merce $60,000,000 for each of fiscal years 2002 and

14 2003.

15 TITLE VII—ATLANTIC COASTAL

16 FISHERIES

17 Subtitle A—Atlantic Striped Bass

18 Conservation

19 SEC. 701. REAUTHORIZATION OF ATLANTIC STRIPED BASS

20 CONSERVATION ACT.

21 Section 7(a) of the Atlantic Striped Bass Conserva22 tion Act (16 U.S.C. 1851 note) is amended to read as

23 follows:
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1 ‘‘(a) AUTHORIZATION.—For each of fiscal years

2 2001, 2002, and 2003, there are authorized to be appro3 priated to carry out this Act—

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

5 and

6 ‘‘(2) $250,000 to the Secretary of the Inte7 rior.’’.

8 SEC. 702. POPULATION STUDY OF STRIPED BASS.

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

10 in the Atlantic Striped Bass Conservation Act), in con11 sultation with the Atlantic States Marine Fisheries Com12 mission, shall conduct a study to determine if the distribu13 tion of year classes in the Atlantic striped bass population

14 is appropriate for maintaining adequate recruitment and

15 sustainable fishing opportunities. In conducting the study,

16 the Secretaries shall consider—

17 (1) long-term stock assessment data and other

18 fishery-dependent and independent data for Atlantic

19 striped bass; and

20 (2) the results of peer-reviewed research funded

21 under the Atlantic Striped Bass Conservation Act.

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

23 of the enactment of this Act, the Secretaries, in consulta24 tion with the Atlantic States Marine Fisheries Commis25 sion, shall submit to the Committee on Resources of the
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1 House of Representatives the results of the study and a

2 long-term plan to ensure a balanced and healthy popu3 lation structure of Atlantic striped bass, including older

4 fish. The report shall include information regarding—

5 (1) the structure of the Atlantic striped bass

6 population required to maintain adequate recruit7 ment and sustainable fishing opportunities; and

8 (2) recommendations for measures necessary to

9 achieve and maintain the population structure de10 scribed in paragraph (1).

11 (c) AUTHORIZATION.—There are authorized to be ap12 propriated to the Secretary of Commerce $250,000 to

13 carry out this section.

14 Subtitle B—Atlantic Coastal

15 Fisheries Cooperative Management

16 SEC. 703. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Atlantic Coastal

18 Fisheries Act of 2000’’.

19 SEC. 704. REAUTHORIZATION OF ATLANTIC COASTAL FISH20 ERIES COOPERATIVE MANAGEMENT ACT.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

22 811 of the Atlantic Coastal Fisheries Cooperative Manage23 ment Act (16 U.S.C. 5108) is amended to read as follows:
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1 ‘‘SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

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

3 authorized to be appropriated $10,000,000 for each of fis4 cal years 2001 through 2005.

5 ‘‘(b) COOPERATIVE STATISTICS PROGRAM.—

6 Amounts authorized under subsection (a) may be used by

7 the Secretary to support the Commission’s cooperative

8 statistics program.’’.

9 (b) TECHNICAL CORRECTIONS.—

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

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

12 by striking ‘‘such resources in’’ and inserting

13 ‘‘such resources is’’; and

14 (B) by striking section 812 and the second

15 section 811.

16 (2) AMENDMENTS TO REPEAL NOT AF17 FECTED.—The amendments made by paragraph

18 (1)(B) shall not affect any amendment or repeal

19 made by the sections struck by that paragraph.

20 (3) SHORT TITLE REFERENCES.—Such Act is

21 further amended by striking ‘‘Magnuson Fishery’’

22 each place it appears and inserting ‘‘Magnuson-Ste23 vens Fishery’’.

24 (c) REPORTS.—

25 (1) ANNUAL REPORT TO THE SECRETARY.—

26 The Secretary shall require, as a condition of pro-
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1 viding financial assistance under this title, that the

2 Commission and each State receiving such assistance

3 submit to the Secretary an annual report that pro4 vides a detailed accounting of the use the assistance.

5 (2) BIENNIAL REPORTS TO THE CONGRESS.—

6 The Secretary shall submit biennial reports to the

7 Committee on Resources of the House of Represent8 atives and the Committee on Commerce, Science,

9 and Transportation of the Senate on the use of Fed10 eral assistance provided to the Commission and the

11 States under this title. Each biennial report shall

12 evaluate the success of such assistance in imple13 menting this title.

14 TITLE VIII—PACIFIC SALMON

15 RECOVERY

16 SEC. 801. SHORT TITLE.

17 This title may be cited as the ‘‘Pacific Salmon Recov18 ery Act’’.

19 SEC. 802. SALMON CONSERVATION AND SALMON HABITAT

20 RESTORATION ASSISTANCE.

21 (a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub22 ject to the availability of appropriations, the Secretary of

23 Commerce shall provide financial assistance in accordance

24 with this title to qualified States and qualified tribal gov-
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1 ernments for salmon conservation and salmon habitat res2 toration activities.

3 (b) ALLOCATION.—Of the amounts available to pro4 vide assistance under this section each fiscal year (after

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

6 (1) shall allocate 85 percent among qualified

7 States, in equal amounts; and

8 (2) shall allocate 15 percent among qualified

9 tribal governments, in amounts determined by the

10 Secretary.

11 (c) TRANSFER.—

12 (1) IN GENERAL.—The Secretary shall prompt13 ly transfer in a lump sum—

14 (A) to a qualified State that has submitted

15 a Conservation and Restoration Plan under sec16 tion 803(a) amounts allocated to the qualified

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

18 unless the Secretary determines, within 30 days

19 after the submittal of the plan to the Secretary,

20 that the plan is inconsistent with the require21 ments of this title; and

22 (B) to a qualified tribal government that

23 has entered into a memorandum of under24 standing with the Secretary under section

25 803(b) amounts allocated to the qualified tribal
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1 government under subsection (b)(2) of this sec2 tion.

3 (2) TRANSFERS TO QUALIFIED STATES.—The

4 Secretary shall make the transfer under paragraph

5 (1)(A)—

6 (A) to the Washington State Salmon Re7 covery Board, in the case of amounts allocated

8 to Washington;

9 (B) to the Oregon State Watershed En10 hancement Board, in the case of amounts allo11 cated to Oregon;

12 (C) to the California Department of Fish

13 and Game for the California Coastal Salmon

14 Recovery Program, in the case of amounts allo15 cated to California;

16 (D) to the Governor of Alaska, in the case

17 of amounts allocated to Alaska; and

18 (E) to the Office of Species Conservation,

19 in the case of amounts allocated to Idaho.

20 (d) REALLOCATION.—

21 (1) AMOUNTS ALLOCATED TO QUALIFIED

22 STATES.—Amounts that are allocated to a qualified

23 State for a fiscal year shall be reallocated under sub24 section (b)(1) among the other qualified States, if—
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1 (A) the qualified State has not submitted

2 a plan in accordance with section 803(a) as of

3 the end of the fiscal year; or

4 (B) the amounts remain unobligated at the

5 end of the subsequent fiscal year.

6 (2) AMOUNTS ALLOCATED TO QUALIFIED TRIB7 AL GOVERNMENTS.—Amounts that are allocated to a

8 qualified tribal government for a fiscal year shall be

9 reallocated under subsection (b)(2) among the other

10 qualified tribal governments, if the qualified tribal

11 government has not entered into a memorandum of

12 understanding with the Secretary in accordance with

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

14 SEC. 803. RECEIPT AND USE OF ASSISTANCE.

15 (a) QUALIFIED STATE SALMON CONSERVATION AND

16 RESTORATION PLAN.—

17 (1) IN GENERAL.—To receive assistance under

18 this title, a qualified State shall develop and submit

19 to the Secretary a Salmon Conservation and Salmon

20 Habitat Restoration Plan.

21 (2) CONTENTS.—Each Salmon Conservation

22 and Salmon Restoration Plan shall, at a minimum—

23 (A) be consistent with other applicable

24 Federal laws;
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1 (B) be consistent with the goal of salmon

2 recovery;

3 (C) except as provided in subparagraph

4 (D), give priority to use of assistance under this

5 section for projects that—

6 (i) provide a direct and demonstrable

7 benefit to salmon or their habitat;

8 (ii) provide the greatest benefit to

9 salmon conservation and salmon habitat

10 restoration relative to the cost of the

11 projects; and

12 (iii) conserve, and restore habitat,

13 for—

14 (I) salmon that are listed as en15 dangered species or threatened spe16 cies, proposed for such listing, or can17 didates for such listing, under the En18 dangered Species Act of 1973 (16

19 U.S.C. 1531 et seq.); or

20 (II) salmon that are given special

21 protection under the laws or regula22 tions of the qualified State;

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

24 qualified State in which, as of the date of the

25 enactment of this Act, there is no area at which
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1 a salmon species referred to in subparagraph

2 (C)(iii)(I) spawns—

3 (i) give priority to use of assistance

4 for projects referred to in subparagraph

5 (C)(i) and (ii) that contribute to proactive

6 programs to conserve and enhance species

7 of salmon that intermingle with, or are

8 otherwise related to, species referred to in

9 subparagraph (C)(iii)(I), which may in10 clude (among other matters)—

11 (I) salmon-related research, data

12 collection, and monitoring;

13 (II) salmon supplementation and

14 enhancement;

15 (III) salmon habitat restoration;

16 (IV) increasing economic oppor17 tunities for salmon fishermen; and

18 (V) national and international co19 operative habitat programs; and

20 (ii) provide for revision of the plan

21 within one year after any date on which

22 any salmon species that spawns in the

23 qualified State is listed as an endangered

24 species or threatened species, proposed for

25 such listing, or a candidate for such list-
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1 ing, under the Endangered Species Act of

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

3 (E) establish specific goals and timelines

4 for activities funded with such assistance;

5 (F) include measurable criteria by which

6 such activities may be evaluated;

7 (G) require that activities carried out with

8 such assistance shall—

9 (i) be scientifically based;

10 (ii) be cost effective;

11 (iii) not be conducted on private land

12 except with the consent of the owner of the

13 land; and

14 (iv) contribute to the conservation and

15 recovery of salmon;

16 (H) require that the qualified State main17 tain its aggregate expenditures of funds from

18 non-Federal sources for salmon habitat restora19 tion programs at or above the average level of

20 such expenditures in the 2 fiscal years pre21 ceding the date of the enactment of this Act;

22 and

23 (I) ensure that activities funded under this

24 title are conducted in a manner in which, and
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1 in areas where, the State has determined that

2 they will have long-term benefits.

3 (3) SOLICITATION OF COMMENTS.—In pre4 paring a plan under this subsection a qualified State

5 shall seek comments on the plan from local govern6 ments in the qualified State.

7 (b) TRIBAL MOU WITH SECRETARY.—

8 (1) IN GENERAL.—To receive assistance under

9 this title, a qualified tribal government shall enter

10 into a memorandum of understanding with the Sec11 retary regarding use of the assistance.

12 (2) CONTENTS.—Each memorandum of under13 standing shall, at a minimum—

14 (A) be consistent with other applicable

15 Federal laws;

16 (B) be consistent with the goal of salmon

17 recovery;

18 (C) give priority to use of assistance under

19 this Act for activities that—

20 (i) provide a direct and demonstrable

21 benefit to salmon or their habitat;

22 (ii) provide the greatest benefit to

23 salmon conservation and salmon habitat

24 restoration relative to the cost of the

25 projects; and
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1 (iii) conserve, and restore habitat,

2 for—

3 (I) salmon that are listed as en4 dangered species or threatened spe5 cies, proposed for such listing, or can6 didates for such listing, under the En7 dangered Species Act of 1973 (16

8 U.S.C. 1531 et seq.); or

9 (II) salmon that are given special

10 protection under the ordinances or

11 regulations of the qualified tribal gov12 ernment;

13 (D) in the case of a memorandum of un14 derstanding entered into by a qualified tribal

15 government for an area in which, as of the date

16 of the enactment of this Act, there is no area

17 at which a salmon species that is referred to in

18 subparagraph (C)(iii)(I) spawns—

19 (i) give priority to use of assistance

20 for projects referred to in subparagraph

21 (C)(i) and (ii) that contribute to proactive

22 programs described in subsection

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

24 (ii) include a requirement that the

25 memorandum shall be revised within 1
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1 year after any date on which any salmon

2 species that spawns in the area is listed as

3 an endangered species or threatened spe4 cies, proposed for such listing, or a can5 didate for such listing, under the Endan6 gered Species Act of 1973 (16 U.S.C.

7 1531 et seq.);

8 (E) establish specific goals and timelines

9 for activities funded with such assistance;

10 (F) include measurable criteria by which

11 such activities may be evaluated;

12 (G) establish specific requirements for re13 porting to the Secretary by the qualified tribal

14 government;

15 (H) require that activities carried out with

16 such assistance shall—

17 (i) be scientifically based;

18 (ii) be cost effective;

19 (iii) not be conducted on private land

20 except with the consent of the owner of the

21 land; and

22 (iv) contribute to the conservation or

23 recovery of salmon; and

24 (I) require that the qualified tribal govern25 ment maintain its aggregate expenditures of
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1 funds from non-Federal sources for salmon

2 habitat restoration programs at or above the

3 average level of such expenditures in the 2 fis4 cal years preceding the date of the enactment

5 of this Act.

6 (c) ELIGIBLE ACTIVITIES.—

7 (1) IN GENERAL.—Assistance under this title

8 may be used by a qualified State in accordance with

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

10 or by a qualified tribal government in accordance

11 with a memorandum of understanding entered into

12 by the government under subsection (b), to carry out

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

14 the following:

15 (A) Watershed evaluation, assessment, and

16 planning necessary to develop a site-specific and

17 clearly prioritized plan to implement watershed

18 improvements, including for making multi-year

19 grants.

20 (B) Salmon-related research, data collec21 tion, and monitoring, salmon supplementation

22 and enhancement, and salmon habitat restora23 tion.

24 (C) Maintenance and monitoring of

25 projects completed with such assistance.
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1 (D) Technical training and education

2 projects, including teaching private landowners

3 about practical means of improving land and

4 water management practices to contribute to

5 the conservation and restoration of salmon

6 habitat.

7 (E) Other activities related to salmon con8 servation and salmon habitat restoration.

9 (2) USE FOR LOCAL AND REGIONAL

10 PROJECTS.—Funds allocated to qualified States

11 under this title shall be used for local and regional

12 projects.

13 (d) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE

14 OF JURISDICTION OF RECIPIENT.—Assistance under this

15 section provided to a qualified State or qualified tribal

16 government may be used for activities conducted outside

17 the areas under its jurisdiction if the activity will provide

18 conservation benefits to naturally produced salmon in

19 streams of concern to the qualified State or qualified tribal

20 government, respectively.

21 (e) COST SHARING BY QUALIFIED STATES.—

22 (1) IN GENERAL.—A qualified State shall

23 match, in the aggregate, the amount of any financial

24 assistance provided to the qualified State for a fiscal

25 year under this title, in the form of monetary con-
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1 tributions or in-kind contributions of services for

2 projects carried out with such assistance. For pur3 poses of this paragraph, monetary contributions by

4 the State shall not be considered to include funds re5 ceived from other Federal sources.

6 (2) LIMITATION ON REQUIRING MATCHING FOR

7 EACH PROJECT.—The Secretary may not require a

8 qualified State to provide matching funds for each

9 project carried out with assistance under this title.

10 (3) TREATMENT OF MONETARY CONTRIBU11 TIONS.—For purposes of subsection (a)(2)(H), the

12 amount of monetary contributions by a qualified

13 State under this subsection shall be treated as ex14 penditures from non-Federal sources for salmon con15 servation and salmon habitat restoration programs.

16 (f) COORDINATION OF ACTIVITIES.—

17 (1) IN GENERAL.—Each qualified State and

18 each qualified tribal government receiving assistance

19 under this title is encouraged to carefully coordinate

20 salmon conservation activities of its agencies to

21 eliminate duplicative and overlapping activities.

22 (2) CONSULTATION.—Each qualified State and

23 qualified tribal government receiving assistance

24 under this title shall consult with the Secretary to
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1 ensure there is no duplication in projects funded

2 under this title.

3 (g) LIMITATION ON ADMINISTRATIVE EXPENSES.—

4 (1) FEDERAL ADMINISTRATIVE EXPENSES.—Of

5 the amount made available under this title each fis6 cal year, not more than 1 percent may be used by

7 the Secretary for administrative expenses incurred in

8 carrying out this title.

9 (2) STATE AND TRIBAL ADMINISTRATIVE EX10 PENSES.—Of the amount allocated under this title

11 to a qualified State or qualified tribal government

12 each fiscal year, not more than 3 percent may be

13 used by the qualified State or qualified tribal gov14 ernment, respectively, for administrative expenses in15 curred in carrying out this title.

16 SEC. 804. PUBLIC PARTICIPATION.

17 (a) QUALIFIED STATE GOVERNMENTS.—Each quali18 fied State seeking assistance under this title shall establish

19 a citizens advisory committee or provide another similar

20 forum for local governments and the public to participate

21 in obtaining and using the assistance.

22 (b) QUALIFIED TRIBAL GOVERNMENTS.—Each

23 qualified tribal government receiving assistance under this

24 title shall hold public meetings to receive recommendations

25 on the use of the assistance.
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1 SEC. 805. CONSULTATION NOT REQUIRED.

2 Consultation under section 7 of the Endangered Spe3 cies Act of 1973 (16 U.S.C. 1531 et seq.) shall not be

4 required based solely on the provision of financial assist5 ance under this title.

6 SEC. 806. REPORTS.

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

8 by not later than December 31 of each year, submit to

9 the Committee on Commerce, Science, and Transportation

10 of the Senate and the Committee on Resources of the

11 House of Representatives an annual report on the use of

12 financial assistance received by the qualified State under

13 this title. The report shall contain an evaluation of the

14 success of this title in meeting the criteria listed in section

15 803(a)(2).

16 (b) SECRETARY.—

17 (1) ANNUAL REPORT REGARDING QUALIFIED

18 TRIBAL GOVERNMENTS.—The Secretary shall, by not

19 later than December 31 of each year, submit to the

20 Committee on Commerce, Science, and Transpor21 tation of the Senate and the Committee on Re22 sources of the House of Representatives an annual

23 report on the use of financial assistance received by

24 qualified tribal governments under this title. The re25 port shall contain an evaluation of the success of
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1 this Act in meeting the criteria listed in section

2 803(b)(2).

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

4 by not later than December 31 of the second year

5 in which amounts are available to carry out this

6 title, and of every second year thereafter, submit to

7 the Committee on Commerce, Science, and Trans8 portation of the Senate and the Committee on Re9 sources of the House of Representatives a biannual

10 report on the use of funds allocated to qualified

11 States under this title. The report shall review pro12 grams funded by the States and evaluate the success

13 of this title in meeting the criteria listed in section

14 803(a)(2).

15 SEC. 807. DEFINITIONS.

16 In this title:

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

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

19 the Indian Self-Determination and Education Assist20 ance Act (25 U.S.C. 450b(e)).

21 (2) QUALIFIED STATE.—The term ‘‘qualified

22 State’’ means each of the States of Alaska, Wash23 ington, Oregon, California, and Idaho.

24 (3) QUALIFIED TRIBAL GOVERNMENT.—The

25 term ‘‘qualified tribal government’’ means—
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1 (A) a tribal government of an Indian tribe

2 in Washington, Oregon, California, or Idaho

3 that the Secretary of Commerce, in consultation

4 with the Secretary of the Interior, determines—

5 (i) is involved in salmon management

6 and recovery activities under the Endan7 gered Species Act of 1973 (16 U.S.C.

8 1531 et seq.); and

9 (ii) has the management and organi10 zational capability to maximize the benefits

11 of assistance provided under this title; and

12 (B) a regional or village corporation as de13 fined in or established pursuant to the Alaska

14 Native Claims Settlement Act (43 U.S.C. 1601

15 et seq.) that the Secretary of Commerce, in con16 sultation with the Secretary of the Interior,

17 determines—

18 (i) is involved in salmon conservation

19 and management; and

20 (ii) has the management and organi21 zational capability to maximize the benefits

22 of assistance provided under this title.

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

24 naturally produced salmon or naturally produced

25 trout of the following species:
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1 (A) Coho salmon (oncorhynchus kisutch).

2 (B) Chinook salmon (oncorhynchus

3 tshawytscha).

4 (C) Chum salmon (oncorhynchus keta).

5 (D) Pink salmon (oncorhynchus

6 gorbuscha).

7 (E) Sockeye salmon (oncorhynchus nerka).

8 (F) Steelhead trout (oncorhynchus

9 mykiss).

10 (G) Sea-run cutthroat trout (oncorhynchus

11 clarki clarki).

12 (H) For purposes of application of this

13 title in Oregon—

14 (i) Lahontan cutthroat trout

15 (oncorhnychus clarki henshawi); and

16 (ii) Bull trout (salvelinus confluentus).

17 (I) For purposes of application of this title

18 in Washington and Idaho, Bull trout (salvelinus

19 confluentus).

20 (5) SECRETARY.—The term Secretary means

21 the Secretary of Commerce.

22 SEC. 808. PACIFIC SALMON TREATY.

23 (a) TRANSBOUNDARY PANEL REPRESENTATION.—

24 (1) IN GENERAL.—Section 3 of the Pacific

25 Salmon Treaty Act of 1985 (16 U.S.C. 3632) is
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1 amended by redesignating subsections (f), (g), and

2 (h) in order as subsections (g), (h), and (i), and by

3 inserting after subsection (e) the following:

4 ‘‘(f) TRANSBOUNDARY PANEL.—The United States

5 shall be represented on the transboundary Panel by seven

6 Panel members, of whom—

7 ‘‘(1) one shall be an official of the United

8 States Government with salmon fishery management

9 responsibility and expertise;

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

11 Alaska with salmon fishery management responsi12 bility and expertise; and

13 ‘‘(3) five shall be individuals knowledgeable and

14 experienced in the salmon fisheries for which the

15 transboundary Panel is responsible.’’.

16 (2) CONFORMING AMENDMENTS.—

17 (A) Subsection (g) of section 3 of the Pa18 cific Salmon Treaty Act of 1985 (16 U.S.C.

19 3632), as redesignated by paragraph (1) of this

20 subsection, is amended—

21 (i) by striking ‘‘and (e)(2)’’ and in22 serting ‘‘(e)(2), and (f)(2)’’;

23 (ii) by striking ‘‘and (e)(4)’’ and in24 serting ‘‘(e)(4), and (f)(3)’’; and
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1 (iii) by striking ‘‘The appointing au2 thorities listed above’’ and inserting ‘‘For

3 the southern, northern, and Frazier River

4 Panels, the appointing authorities listed

5 above’’.

6 (B) Subsection (h)(2) of section 3 the Pa7 cific Salmon Treaty Act of 1985 (16 U.S.C.

8 3632), as redesignated by paragraph (1) of this

9 subsection, is amended by striking ‘‘and south10 ern’’ and inserting ‘‘, southern, and

11 transboundary’’.

12 (C) Section 9 of the Pacific Salmon Treaty

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

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

15 (b) COMPENSATION AND EXPENSES FOR UNITED

16 STATES REPRESENTATIVES ON NORTHERN AND SOUTH17 ERN FUND COMMITTEES.—

18 (1) COMPENSATION.—Section 11 of the Pacific

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

20 amended by redesignating subsections (c) and (d) in

21 order as subsections (d) and (e), and by inserting

22 after subsection (b) the following:

23 ‘‘(c) COMPENSATION FOR REPRESENTATIVES ON

24 NORTHERN FUND AND SOUTHERN FUND COMMIT25 TEES.—United States Representatives on the Pacific
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1 Salmon Treaty Northern Fund Committee and Southern

2 Fund Committee who are not State or Federal employees

3 shall receive compensation at the minimum daily rate of

4 pay payable under section 5376 of title 5, United States

5 Code, when engaged in the actual performance of duties

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

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

8 as so redesignated, is amended by inserting ‘‘mem9 bers of the Northern Fund Committee, members of

10 the Southern Fund Committee,’’ after ‘‘Joint Tech11 nical Committee,’’.

12 (3) CLERICAL AMENDMENTS.—

13 (A) IN GENERAL.—Section 11 of the Pa14 cific Salmon Treaty Act of 1985 (16 U.S.C.

15 5332) is amended—

16 (i) in subsection (a) by striking ‘‘at

17 the daily rate of GS–18 of the General

18 Schedule’’ and inserting ‘‘at the maximum

19 daily rate of pay payable under section

20 5376 of title 5, United States Code,’’; and

21 (ii) in subsection (b) by striking ‘‘at

22 the daily rate of GS–16 of the General

23 Schedule’’ and inserting ‘‘at the minimum

24 daily rate of pay payable under section

25 5376 of title 5, United States Code,’’.
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1 (B) APPLICATION.—The amendments

2 made by subparagraph (A) shall not apply to

3 Commissioners, Alternate Commissioners, Panel

4 Members, and Alternate Panel Members (as

5 those terms are used in section 11 of the Pa6 cific Salmon Treaty Act of 1985) appointed be7 fore the effective date of this subsection.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) CLERICAL AMENDMENT.—Section 623 of

10 the Departments of Commerce, Justice, and State,

11 the Judiciary, and Related Agencies Appropriations

12 Act, 2000, as enacted by section 1000(a)(1), Divi13 sion B of Public Law 106–113 (16 U.S.C. 3645) is

14 redesignated and moved so as to be section 16 of the

15 Pacific Salmon Treaty Act of 1985.

16 (2) AUTHORIZATION OF APPROPRIATIONS.—

17 Subsection (d) of such section is amended to read as

18 follows:

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For

20 capitalizing the Northern Fund and Southern Fund estab21 lished under the 1999 Pacific Salmon Treaty Agreement

22 and related agreements, there are authorized to be appro23 priated a total of $75,000,000 for the Northern Fund and

24 a total of $65,000,000 for the Southern Fund for fiscal
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1 years 2000, 2001, 2002, and 2003, for the implementation

2 of those agreements.’’.

3 SEC. 809. TREATMENT OF INTERNATIONAL FISHERY COM4 MISSION PENSIONERS.

5 For United States citizens who served as employees

6 of the International Pacific Salmon Fisheries Commission

7 and the International North Pacific Fisheries Commission

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

9 who worked in Canada in the course of employment with

10 those commissions, the President shall—

11 (1) calculate the difference in amount between

12 the valuation of the Commissions’ annuity for each

13 employee’s payment in United States currency and

14 in Canadian currency for past and future (as deter15 mined by an actuarial valuation) annuity payments;

16 and

17 (2) out of existing funds available for this pur18 pose, pay each employee a lump-sum payment in the

19 total amount determined under paragraph (1) to

20 compensate each employee for past and future bene21 fits resulting from the exchange rate inequity.

22 SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated

24 $200,000,000 for each of the fiscal years 2001, 2002, and
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1 2003 to carry out this title. Funds appropriated under this

2 section may remain until expended.

3 TITLE IX—MISCELLANEOUS

4 TECHNICAL AMENDMENTS TO

5 INTERNATIONAL FISHERIES

6 ACTS

7 SEC. 901. GREAT LAKES FISHERY ACT OF 1956.

8 Section 3(a) of the Great Lakes Fishery Act of 1956

9 (16 U.S.C. 932(a)) is amended by adding at the end the

10 following:

11 ‘‘(3) Individuals serving as such Commissioners shall

12 not be considered to be Federal employees while per13 forming such service, except for purposes of injury com14 pensation or tort claims liability as provided in chapter

15 81 of title 5, United States Code, and chapter 171 of title

16 28, United States Code.’’.

17 SEC. 902. TUNA CONVENTIONS ACT OF 1950.

18 Section 3 of the Tuna Conventions Act of 1950 (16

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

20 Commissioners—’’ the following: ‘‘Individuals serving as

21 such Commissioners shall not be considered to be Federal

22 employees while performing such service, except for pur23 poses of injury compensation or tort claims liability as pro24 vided in chapter 81 of title 5, United States Code, and

25 chapter 171 of title 28, United States Code.’’.
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1 SEC. 903. ATLANTIC TUNAS CONVENTION ACT OF 1975.

2 Section 3(a)(1) of the Atlantic Tunas Convention Act

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

4 before ‘‘The Commissioners’’ the following: ‘‘Individuals

5 serving as such Commissioners shall not be considered to

6 be Federal employees while performing such service, ex7 cept for purposes of injury compensation or tort claims

8 liability as provided in chapter 81 of title 5, United States

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

10 SEC. 904. NORTH PACIFIC ANADROMOUS STOCKS ACT OF

11 1992.

12 (a) CLERICAL AMENDMENT.—Public Law 102–587

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

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

15 of the North Pacific Anadromous Stocks Act of 1992 (16

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

17 Commissioners—’’ the following: ‘‘Individuals serving as

18 such Commissioners shall not be considered to be Federal

19 employees while performing such service, except for pur20 poses of injury compensation or tort claims liability as pro21 vided in chapter 81 of title 5, United States Code, and

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

23 SEC. 905. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.

24 Section 103(4) of the High Seas Fishing Compliance

25 Act of 1995 (16 U.S.C. 5502(4)) is amended by inserting
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1 ‘‘or subject to the jurisdiction of the United States’’ after

2 ‘‘United States’’.

3 TITLE X—PRIBILOF ISLANDS

4 SEC. 1001. SHORT TITLE.

5 This title may be referred to as the ‘‘Pribilof Islands

6 Transition Act’’.

7 SEC. 1002. PURPOSE.

8 The purpose of this title is to complete the orderly

9 withdrawal of the National Oceanic and Atmospheric Ad10 ministration from the civil administration of the Pribilof

11 Islands, Alaska.

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

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

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

15 SEC. 1004. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS

16 UNDER FUR SEAL ACT OF 1966.

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

18 1166) is amended to read as follows:

19 ‘‘SEC. 206. FINANCIAL ASSISTANCE.

20 ‘‘(a) GRANT AUTHORITY.—

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

22 of appropriations, the Secretary shall provide finan23 cial assistance to any city government, village cor24 poration, or tribal council of St. George, Alaska, or

25 St. Paul, Alaska.
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1 ‘‘(2) USE FOR MATCHING.—Notwithstanding

2 any other provision of law relating to matching

3 funds, funds provided by the Secretary as assistance

4 under this subsection may be used by the entity as

5 non-Federal matching funds under any Federal pro6 gram that requires such matching funds.

7 ‘‘(3) RESTRICTION ON USE.—The Secretary

8 may not use financial assistance authorized by this

9 Act—

10 ‘‘(A) to settle any debt owed to the United

11 States;

12 ‘‘(B) for administrative or overhead ex13 penses; or

14 ‘‘(C) for contributions authorized under

15 section 5(b)(3)(B) of the Pribilof Islands Tran16 sition Act.

17 ‘‘(4) FUNDING INSTRUMENTS AND PROCE18 DURES.—In providing assistance under this sub19 section the Secretary shall transfer any funds appro20 priated to carry out this section to the Secretary of

21 the Interior, who shall obligate such funds through

22 instruments and procedures that are equivalent to

23 the instruments and procedures required to be used

24 by the Bureau of Indian Affairs pursuant to title IV
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1 of the Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 450 et seq.).

3 ‘‘(5) PRO RATA DISTRIBUTION OF ASSIST4 ANCE.—In any fiscal year for which less than all of

5 the funds authorized under subsection (c)(1) are ap6 propriated, such funds shall be distributed under

7 this subsection on a pro rata basis among the enti8 ties referred to in subsection (c)(1) in the same pro9 portions in which amounts are authorized by that

10 subsection for grants to those entities.

11 ‘‘(b) SOLID WASTE ASSISTANCE.—

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

13 of appropriations, the Secretary shall provide assist14 ance to the State of Alaska for designing, locating,

15 constructing, redeveloping, permitting, or certifying

16 solid waste management facilities on the Pribilof Is17 lands to be operated under permits issued to the

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

19 by the State of Alaska under section 46.03.100 of

20 the Alaska Statutes.

21 ‘‘(2) TRANSFER.—The Secretary shall transfer

22 any appropriations received under paragraph (1) to

23 the State of Alaska for the benefit of rural and Na24 tive villages in Alaska for obligation or award under

25 section 303 of Public Law 104–182, except that sub-
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1 section (b) of that section shall not apply to those

2 funds.

3 ‘‘(3) LIMITATION.—In order to be eligible to re4 ceive financial assistance under this subsection, not

5 later than 180 days after the date of the enactment

6 of this paragraph, each of the Cities of St. Paul and

7 St. George shall enter into a written agreement with

8 the State of Alaska under which such City shall

9 identify by its legal boundaries the tract or tracts of

10 land that such City has selected as the site for its

11 solid waste management facility and any supporting

12 infrastructure.

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the Secretary for fis15 cal years 2001, 2002, 2003, 2004, and 2005—

16 ‘‘(1) for assistance under subsection (a) a total

17 not to exceed—

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

19 St. Paul;

20 ‘‘(B) $6,300,000, for grants to the

21 Tanadgusix Corporation;

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

23 Paul Tribal Council;

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

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

2 George Tanaq Corporation; and

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

4 George Tribal Council; and

5 ‘‘(2) for assistance under subsection (b), for fis6 cal years 2001, 2002, 2003, 2004, and 2005 a total

7 not to exceed—

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

9 and

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

11 George.

12 ‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOB13 BYING ACTIVITIES.—None of the funds authorized by this

14 section may be available for any activity a purpose of

15 which is to influence legislation pending before the Con16 gress, except that this subsection shall not prevent officers

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

18 agencies, or commissions from communicating to Members

19 of Congress, through proper channels, requests for legisla20 tion or appropriations that they consider necessary for the

21 efficient conduct of public business.

22 ‘‘(e) IMMUNITY FROM LIABILITY.—Neither the

23 United States nor any of its agencies, officers, or employ24 ees shall have any liability under this Act or any other

25 law associated with or resulting from the designing, locat-
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1 ing, contracting for, redeveloping, permitting, certifying,

2 operating, or maintaining any solid waste management fa3 cility on the Pribilof Islands as a consequence of—

4 ‘‘(1) having provided assistance to the State of

5 Alaska under subsection (b); or

6 ‘‘(2) providing funds for, or planning, con7 structing, or operating, any interim solid waste man8 agement facilities that may be required by the State

9 of Alaska before permanent solid waste management

10 facilities constructed with assistance provided under

11 subsection (b) are complete and operational.

12 ‘‘(f) REPORT ON EXPENDITURES.—Each entity

13 which receives assistance authorized under subsection (c)

14 shall submit an audited statement listing the expenditure

15 of that assistance to the Committee on Appropriations and

16 the Committee on Resources of the House of Representa17 tives and the Committee on Appropriations and the Com18 mittee on Commerce, Science, and Transportation of the

19 Senate, on the last day of fiscal years 2002, 2004, and

20 2006.

21 ‘‘(g) CONGRESSIONAL INTENT.—Amounts authorized

22 under subsection (c) are intended by Congress to be pro23 vided in addition to the base funding appropriated to the

24 National Oceanic and Atmospheric Administration in fis25 cal year 2000.’’.
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1 SEC. 1005. DISPOSAL OF PROPERTY.

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

3 1165) is amended—

4 (1) by amending subsection (c) to read as fol5 lows:

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

7 enactment of the Pribilof Islands Transition Act, the Sec8 retary shall submit to the Committee on Commerce,

9 Science, and Transportation of the Senate and the Com10 mittee on Resources of the House of Representatives a re11 port that includes—

12 ‘‘(1) a description of all property specified in

13 the document referred to in subsection (a) that has

14 been conveyed under that subsection;

15 ‘‘(2) a description of all Federal property speci16 fied in the document referred to in subsection (a)

17 that is going to be conveyed under that subsection;

18 and

19 ‘‘(3) an identification of all Federal property on

20 the Pribilof Islands that will be retained by the Fed21 eral Government to meet its responsibilities under

22 this Act, the Convention, and any other applicable

23 law.’’; and

24 (2) by striking subsection (g).

25 SEC. 1006. TERMINATION OF RESPONSIBILITIES.

26 (a) FUTURE OBLIGATION.—
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1 (1) IN GENERAL.—The Secretary of Commerce

2 shall not be considered to have any obligation to pro3 mote or otherwise provide for the development of

4 any form of an economy not dependent on sealing on

5 the Pribilof Islands, Alaska, including any obligation

6 under section 206 of the Fur Seal Act of 1966 (16

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

8 104–91 (16 U.S.C. 1165 note).

9 (2) SAVINGS.—This subsection shall not affect

10 any cause of action under section 206 of the Fur

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

12 3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165

13 note)—

14 (A) that arose before the date of the enact15 ment of this title; and

16 (B) for which a judicial action is filed be17 fore the expiration of the 5-year period begin18 ning on the date of the enactment of this title.

19 (3) RULE OF CONSTRUCTION.—Nothing in this

20 title shall be construed to imply that—

21 (A) any obligation to promote or otherwise

22 provide for the development in the Pribilof Is23 lands of any form of an economy not dependent

24 on sealing was or was not established by section

25 206 of the Fur Seal Act of 1966 (16 U.S.C.
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1 1166), section 3(c)(1)(A) of Public Law 104–91

2 (16 U.S.C. 1165 note), or any other provision

3 of law; or

4 (B) any cause of action could or could not

5 arise with respect to such an obligation.

6 (4) CONFORMING AMENDMENT.—Section

7 3(c)(1) of Public Law 104–91 (16 U.S.C. 1165

8 note) is amended by striking subparagraph (A) and

9 redesignating subparagraphs (B) through (D) in

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

11 (b) PROPERTY CONVEYANCE AND CLEANUP.—

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

13 there are terminated all obligations of the Secretary

14 of Commerce and the United States to—

15 (A) convey property under section 205 of

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

17 and

18 (B) carry out cleanup activities, including

19 assessment, response, remediation, and moni20 toring, except for postremedial measures such

21 as monitoring and operation and maintenance

22 activities, related to National Oceanic and At23 mospheric Administration administration of the

24 Pribilof Islands, Alaska, under section 3 of

25 Public Law 104–91 (16 U.S.C. 1165 note) and
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1 the Pribilof Islands Environmental Restoration

2 Agreement between the National Oceanic and

3 Atmospheric Administration and the State of

4 Alaska, signed January 26, 1996.

5 (2) APPLICATION.—Paragraph (1) shall apply

6 on and after the date on which the Secretary of

7 Commerce certifies that—

8 (A) the State of Alaska has provided writ9 ten confirmation that no further corrective ac10 tion is required at the sites and operable units

11 covered by the Pribilof Islands Environmental

12 Restoration Agreement between the National

13 Oceanic and Atmospheric Administration and

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

15 with the exception of postremedial measures,

16 such as monitoring and operation and mainte17 nance activities;

18 (B) the cleanup required under section

19 3(a) of Public Law 104–91 (16 U.S.C. 1165

20 note) is complete;

21 (C) the properties specified in the docu22 ment referred to in subsection (a) of section

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

24 1165(a)) can be unconditionally offered for con25 veyance under that section; and
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1 (D) all amounts appropriated under sec2 tion 206(c)(1) of the Fur Seal Act of 1966, as

3 amended by this title, have been obligated.

4 (3) FINANCIAL CONTRIBUTIONS FOR CLEANUP

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

6 3(b)(5) of Public Law 104–91 (16 U.S.C. 1165

7 note) is repealed pursuant to subsection (c), the Sec8 retary of Commerce may not seek or require finan9 cial contribution by or from any local governmental

10 entity of the Pribilof Islands, any official of such an

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

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

13 of Public Law 104–91 (as in effect before such re14 peal), except as provided in subparagraph (B).

15 (B) Subparagraph (A) shall not limit the au16 thority of the Secretary of Commerce to seek or re17 quire financial contribution from any person for

18 costs or fees to clean up any matter that was caused

19 or contributed to by such person on or after March

20 15, 2000.

21 (4) CERTAIN RESERVED RIGHTS NOT CONDI22 TIONS.—For purposes of paragraph (2)(C), the fol23 lowing requirements shall not be considered to be

24 conditions on conveyance of property:
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1 (A) Any requirement that a potential

2 transferee must allow the National Oceanic and

3 Atmospheric Administration continued access to

4 the property to conduct environmental moni5 toring following remediation activities.

6 (B) Any requirement that a potential

7 transferee must allow the National Oceanic and

8 Atmospheric Administration access to the prop9 erty to continue the operation, and eventual clo10 sure, of treatment facilities.

11 (C) Any requirement that a potential

12 transferee must comply with institutional con13 trols to ensure that an environmental cleanup

14 remains protective of human health or the envi15 ronment that do not unreasonably affect the

16 use of the property.

17 (D) Valid existing rights in the property,

18 including rights granted by contract, permit,

19 right-of-way, or easement.

20 (E) The terms of the documents described

21 in subsection (d)(2).

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

23 Secretary of Commerce makes the certification described

24 in subsection (b)(2), the following provisions are repealed:
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1 (1) Section 205 of the Fur Seal Act of 1966

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

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

4 1165 note).

5 (d) SAVINGS.—

6 (1) IN GENERAL.—Nothing in this title shall af7 fect any obligation of the Secretary of Commerce, or

8 of any Federal department or agency, under or with

9 respect to any document described in paragraph (2)

10 or with respect to any lands subject to such a docu11 ment.

12 (2) DOCUMENTS DESCRIBED.—The documents

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

14 (A) The Transfer of Property on the

15 Pribilof Islands: Description, Terms, and Con16 ditions, dated February 10, 1984, between the

17 Secretary of Commerce and various Pribilof Is18 land entities.

19 (B) The Settlement Agreement between

20 Tanadgusix Corporation and the City of St.

21 Paul, dated January 11, 1988, and approved by

22 the Secretary of Commerce on February 23,

23 1988.

24 (C) The Memorandum of Understanding

25 between Tanadgusix Corporation, Tanaq Cor-
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1 poration, and the Secretary of Commerce, dated

2 December 22, 1976.

3 (e) DEFINITIONS.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the definitions set forth in section 101 of

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

7 apply to this section.

8 (2) NATIVES OF THE PRIBILOF ISLANDS.—For

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

10 Pribilof Islands’’ includes the Tanadgusix Corpora11 tion, the St. George Tanaq Corporation, and the city

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

13 George, Alaska.

14 SEC. 1007. TECHNICAL AND CLARIFYING AMENDMENTS.

15 (a) Section 3 of Public Law 104–91 (16 U.S.C. 1165

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

17 seq.) are amended by—

18 (1) striking ‘‘(d)’’ and all that follows through

19 the heading for subsection (d) of section 3 of Public

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

21 (2) moving and redesignating such subsection

22 so as to appear as section 212 of the Fur Seal Act

23 of 1966.
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1 (b) Section 201 of the Fur Seal Act of 1966 (16

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

3 and insert ‘‘on such property’’.

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

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

6 ‘‘SECTION 1. SHORT TITLE.

7 ‘‘This Act may be cited as the ‘Fur Seal Act of

8 1966’.’’.

9 SEC. 1008. AUTHORIZATION OF APPROPRIATIONS.

10 Section 3 of Public Law 104–91 (16 U.S.C. 1165

11 note) is amended—

12 (1) by striking subsection (f) and inserting the

13 following:

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

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

16 appropriated $10,000,000 for each of fiscal years

17 2001, 2002, 2003, 2004, and 2005 for the purposes

18 of carrying out this section.

19 ‘‘(2) LIMITATION.—None of the funds author20 ized by this subsection may be expended for the pur21 pose of cleaning up or remediating any landfills,

22 wastes, dumps, debris, storage tanks, property, haz23 ardous or unsafe conditions, or contaminants, in24 cluding petroleum products and their derivatives, left
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1 by the Department of Defense or any of its compo2 nents on lands on the Pribilof Islands, Alaska.’’; and

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

4 ‘‘(g) LOW-INTEREST LOAN PROGRAM.—

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

6 Of amounts authorized under subsection (f) for each

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

8 the Secretary may provide to the State of Alaska up

9 to $2,000,000 per fiscal year to capitalize a revolv10 ing fund to be used by the State for loans under this

11 subsection.

12 ‘‘(2) LOW-INTEREST LOANS.—The Secretary

13 shall require that any revolving fund established

14 with amounts provided under this subsection shall be

15 used only to provide low-interest loans to Natives of

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

17 and monitor contamination from lead paint, asbes18 tos, and petroleum from underground storage tanks.

19 ‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE20 FINED.—The definitions set forth in section 101 of

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

22 apply to this section, except that the term ‘Natives

23 of the Pribilof Islands’ includes the Tanadgusix and

24 Tanaq Corporations.
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1 ‘‘(4) REVERSION OF FUNDS.—Before the Sec2 retary may provide any funds to the State of Alaska

3 under this section, the State of Alaska and the Sec4 retary must agree in writing that, on the last day of

5 fiscal year 2011, and of each fiscal year thereafter

6 until the full amount provided to the State of Alaska

7 by the Secretary under this section has been repaid

8 to the United States, the State of Alaska shall

9 transfer to the Treasury of the United States monies

10 remaining in the revolving fund, including principal

11 and interest paid into the revolving fund as repay12 ment of loans.’’.

13 TITLE XI—SHARK FINNING

14 SEC. 1101. SHORT TITLE.

15 This title may be cited as the ‘‘Shark Finning Prohi16 bition Act’’.

17 SEC. 1102. PURPOSE.

18 The purpose of this title is to eliminate shark-finning

19 by addressing the problem comprehensively at both the na20 tional and international levels.

21 SEC. 1103. PROHIBITION ON REMOVING SHARK FIN AND

22 DISCARDING SHARK CARCASS AT SEA.

23 Section 307(1) of the Magnuson-Stevens Fishery

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

25 is amended—
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1 (1) by striking ‘‘or’ after the semicolon in sub2 paragraph (N);

3 (2) by striking ‘‘section 302(j)(7)(A).’’ in sub4 paragraph (O) and inserting ‘‘section 302(j)(7)(A);

5 or’’; and

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

7 ‘‘(P)(i) to remove any of the fins of a

8 shark (including the tail) and discard the car9 cass of the shark at sea;

10 ‘‘(ii) to have custody, control, or possession

11 of any such fin aboard a fishing vessel without

12 the corresponding carcass; or

13 ‘‘(iii) to land any such fin without the cor14 responding carcass.

15 ‘‘For purposes of subparagraph (P) there is a rebut16 table presumption that any shark fins landed from

17 a fishing vessel or found on board a fishing vessel

18 were taken, held, or landed in violation of subpara19 graph (P) if the total weight of shark fins landed or

20 found on board exceeds 5 percent of the total weight

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

22 SEC. 1104. REGULATIONS.

23 No later than 180 days after the date of the enact24 ment of this Act, the Secretary of Commerce shall promul25 gate regulations implementing the provisions of section
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1 307(1)(P) of the Magnuson-Stevens Fishery Conservation

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

3 by section 1103 of this title.

4 SEC. 1105. INTERNATIONAL NEGOTIATIONS.

5 The Secretary of Commerce, acting through the Sec6 retary of State, shall—

7 (1) initiate discussions as soon as possible for

8 the purpose of developing bilateral or multilateral

9 agreements with other nations for the prohibition on

10 shark-finning;

11 (2) initiate discussions as soon as possible with

12 all foreign governments which are engaged in, or

13 which have persons or companies engaged in shark14 finning, for the purposes of—

15 (A) collecting information on the nature

16 and extent of shark-finning by such persons

17 and the landing or transshipment of shark fins

18 through foreign ports; and

19 (B) entering into bilateral and multilateral

20 treaties with such countries to protect such spe21 cies;

22 (3) seek agreements calling for an international

23 ban on shark-finning and other fishing practices ad24 versely affecting these species through the United

25 Nations, the Food and Agriculture Organization’s
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1 Committee on Fisheries, and appropriate regional

2 fishery management bodies;

3 (4) initiate the amendment of any existing

4 international treaty for the protection and conserva5 tion of species of sharks to which the United States

6 is a party in order to make such treaty consistent

7 with the purposes and policies of this section;

8 (5) urge other governments involved in fishing

9 for or importation of shark or shark products to ful10 fill their obligations to collect biological data, such

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

12 trade data, on shark species as called for in the

13 1995 Resolution on Cooperation with FAO with Re14 gard to study on the Status of Sharks and By-Catch

15 of Shark Species; and

16 (6) urge other governments to prepare and sub17 mit their respective National Plan of Action for the

18 Conservation and Management of Sharks to the

19 2001 session of the FAO Committee on Fisheries, as

20 set forth in the International Plan of Action for the

21 Conservation and Management of Sharks.

22 SEC. 1106. REPORT TO CONGRESS.

23 The Secretary of Commerce, in consultation with the

24 Secretary of State, shall provide to the Congress, by not
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1 later than 1 year after the date of the enactment of this

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

3 (1) includes a list that identifies nations whose

4 vessels conduct shark-finning and details the extent

5 of the international trade in shark fins, including es6 timates of value and information on harvesting of

7 shark fins, and landings or transshipment of shark

8 fins through foreign ports;

9 (2) describes the efforts taken to carry out this

10 title, and evaluates the progress of those efforts;

11 (3) sets forth a plan of action to adopt inter12 national measures for the conservation of sharks;

13 and

14 (4) includes recommendations for measures to

15 ensure that United States actions are consistent

16 with national, international, and regional obligations

17 relating to shark populations, including those listed

18 under the Convention on International Trade in En19 dangered Species of Wild Flora and Fauna.

20 SEC. 1107. RESEARCH.

21 The Secretary of Commerce, subject to the avail22 ability of appropriations authorized by section 1110, shall

23 establish a research program for Pacific and Atlantic

24 sharks to engage in the following data collection and re25 search:
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1 (1) The collection of data to support stock as2 sessments of shark populations subject to incidental

3 or directed harvesting by commercial vessels, giving

4 priority to species according to vulnerability of the

5 species to fishing gear and fishing mortality, and its

6 population status.

7 (2) Research to identify fishing gear and prac8 tices that prevent or minimize incidental catch of

9 sharks in commercial and recreational fishing.

10 (3) Research on fishing methods that will en11 sure maximum likelihood of survival of captured

12 sharks after release.

13 (4) Research on methods for releasing sharks

14 from fishing gear that minimize risk of injury to

15 fishing vessel operators and crews.

16 (5) Research on methods to maximize the utili17 zation of, and funding to develop the market for,

18 sharks not taken in violation of a fishing manage19 ment plan approved under section 303 or of section

20 307(1)(P) of the Magnuson-Stevens Fishery Con21 servation and Management Act (16 U.S.C. 1853,

22 1857(1)(P)).

23 (6) Research on the nature and extent of the

24 harvest of sharks and shark fins by foreign fleets
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1 and the international trade in shark fins and other

2 shark products.

3 SEC. 1108. WESTERN PACIFIC LONGLINE FISHERIES COOP4 ERATIVE RESEARCH PROGRAM.

5 The National Marine Fisheries Service, in consulta6 tion with the Western Pacific Fisheries Management

7 Council, shall initiate a cooperative research program with

8 the commercial longlining industry to carry out activities

9 consistent with this title, including research described in

10 section 1107 of this title. The service may initiate such

11 shark cooperative research programs upon the request of

12 any other fishery management council.

13 SEC. 1109. SHARK-FINNING DEFINED.

14 In this title, the term ‘‘shark-finning’’ means the tak15 ing of a shark, removing the fin or fins (whether or not

16 including the tail) of a shark, and returning the remainder

17 of the shark to the sea.

18 SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to the Sec20 retary of Commerce for fiscal years 2001 through 2005

21 such sums as are necessary to carry out this title.
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1 TITLE XII—JOHN H. PRESCOTT

2 MARINE MAMMAL RESCUE

3 ASSISTANCE GRANT PRO4 GRAM

5 SEC. 1201. SHORT TITLE.

6 This title may be cited as the ‘‘Marine Mammal Res7 cue Assistance Act of 2000’’.

8 SEC. 1202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE

9 ASSISTANCE GRANT PROGRAM.

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

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

12 amended—

13 (1) by redesignating sections 408 and 409 as

14 sections 409 and 410, respectively; and

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

16 ‘‘SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE

17 ASSISTANCE GRANT PROGRAM.

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

19 appropriations, the Secretary shall conduct a grant pro20 gram to be known as the John H. Prescott Marine Mam21 mal Rescue Assistance Grant Program, to provide grants

22 to eligible stranding network participants for the recovery

23 or treatment of marine mammals, the collection of data

24 from living or dead marine mammals for scientific re-
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1 search regarding marine mammal health, and facility op2 eration costs that are directly related to those purposes.

3 ‘‘(2)(A) The Secretary shall ensure that, to the great4 est extent practicable, funds provided as grants under this

5 subsection are distributed equitably among the designated

6 stranding regions.

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

8 the Secretary may consider—

9 ‘‘(i) any episodic stranding or any mortality

10 event other than an event described in section

11 410(6), that occurred in any region in the preceding

12 year; and

13 ‘‘(ii) data regarding average annual strandings

14 and mortality events per region.

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

16 section, a stranding network participant shall submit an

17 application in such form and manner as the Secretary may

18 prescribe.

19 ‘‘(c) CONSULTATION.—The Secretary shall consult

20 with the Marine Mammal Commission, a representative

21 from each of the designated stranding regions, and other

22 individuals who represent public and private organizations

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

24 scientific research, marine conservation, and forensic

25 science regarding stranded marine mammals, regarding
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1 the development of criteria for the implementation of the

2 grant program.

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

4 section shall not exceed $100,000.

5 ‘‘(e) MATCHING REQUIREMENT.—

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

7 the costs of an activity conducted with a grant under

8 this section shall be 25 percent of such costs.

9 ‘‘(2) IN-KIND CONTRIBUTIONS.—The Secretary

10 may apply to the non-Federal share of an activity

11 conducted with a grant under this section the

12 amount of funds, and the fair market value of prop13 erty and services, provided by non-Federal sources

14 and used for the activity.

15 ‘‘(f) ADMINISTRATIVE EXPENSES.—Of amounts

16 available each fiscal year to carry out this section, the Sec17 retary may expend not more than 6 percent or $80,000,

18 whichever is greater, to pay the administrative expenses

19 necessary to carry out this section.

20 ‘‘(g) DEFINITIONS.—In this section:

21 ‘‘(1) DESIGNATED STRANDING REGION.—The

22 term ‘designated stranding region’ means a geo23 graphic region designated by the Secretary for pur24 poses of administration of this title.
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1 ‘‘(2) SECRETARY.—The term ‘Secretary’ has

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

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

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

6 to remain available until expended, of which—

7 ‘‘(1) $4,000,000 may be available to the Sec8 retary of Commerce; and

9 ‘‘(2) $1,000,000 may be available to the Sec10 retary of the Interior.’’.

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

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

13 1362(12)(B)) is amended by inserting ‘‘(other than sec14 tion 408)’’ after ‘‘title IV’’.

15 (c) CLERICAL AMENDMENT.—The table of contents

16 in the first section of the Marine Mammal Protection Act

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

18 relating to sections 408 and 409 and inserting the fol19 lowing:

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

‘‘Sec. 409. Authorization of appropriations.

‘‘Sec. 410. Definitions.’’.

20 SEC. 1203. STUDY OF THE EASTERN GRAY WHALE POPU21 LATION.

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

23 of the enactment of this Act and subject to the availability
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1 of appropriations, the Secretary of Commerce shall initiate

2 a study of the environmental and biological factors respon3 sible for the significant increase in mortality events of the

4 eastern gray whale population.

5 (b) CONSIDERATION OF WESTERN POPULATION IN6 FORMATION.—The Secretary should ensure that, to the

7 greatest extent practicable, information from current and

8 future studies of the western gray whale population is con9 sidered in the study under this section, so as to better

10 understand the dynamics of each population and to test

11 different hypotheses that may lead to an increased under12 standing of the mechanism driving their respective popu13 lation dynamics.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi15 tion to other amounts authorized under this title, there

16 are authorized to be appropriated to the Secretary to carry

17 out this section—

18 (1) $290,000 for fiscal year 2001; and
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1 (2) $500,000 for each of fiscal years 2002

2 through 2004.

Passed the House of Representatives October 23,

2000.

Attest:

Clerk.
106TH CONGRESS

2D SESSION H. R. 5086

AN ACT

To amend the National Marine Sanctuaries Act of

honor Dr. Nancy Foster, and for other purposes.