PUBLIC LAW 106–562—DEC. 23, 2000

PRIBILOF ISLANDS TRANSITION ACT

114 STAT. 2794 PUBLIC LAW 106–562—DEC. 23, 2000

Public Law 106–562

106th Congress

An Act

To complete the orderly withdrawal of the NOAA from the civil administration

of the Pribilof Islands, Alaska, and to assist in the conservation of coral reefs,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—PRIBILOF ISLANDS

SEC. 101. SHORT TITLE.

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

Act’’.

SEC. 102. PURPOSE.

The purpose of this title is to complete the orderly withdrawal

of the National Oceanic and Atmospheric Administration from the

civil administration of the Pribilof Islands, Alaska.

SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR

SEAL ACT OF 1966.

Public Law 89–702 (16 U.S.C. 1151 et seq.), popularly known

and referred to in this title as the Fur Seal Act of 1966, is amended

by amending section 206 (16 U.S.C. 1166) to read as follows:

‘‘SEC. 206. FINANCIAL ASSISTANCE.

‘‘(a) GRANT AUTHORITY.— ‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall provide financial assistance to any

city government, village corporation, or tribal council of St.

George, Alaska, or St. Paul, Alaska. ‘‘(2) USE FOR MATCHING.—Notwithstanding any other provision of law relating to matching funds, funds provided by the

Secretary as assistance under this subsection may be used

by the entity as non-Federal matching funds under any Federal

program that requires such matching funds. ‘‘(3) RESTRICTION ON USE.—The Secretary may not use

financial assistance authorized by this Act— ‘‘(A) to settle any debt owed to the United States;

‘‘(B) for administrative or overhead expenses; or

‘‘(C) for contributions sought or required from any person for costs or fees to clean up any matter that was

caused or contributed to by such person on or after March

15, 2000.

‘‘(4) FUNDING INSTRUMENTS AND PROCEDURES.—In providing assistance under this subsection the Secretary shall

16 USC 1161

note.

16 USC 1151

note.

Pribilof Islands

Transition Act.

Dec. 23, 2000

[H.R. 1653]

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2795

transfer any funds appropriated to carry out this section to

the Secretary of the Interior, who shall obligate such funds

through instruments and procedures that are equivalent to

the instruments and procedures required to be used by the

Bureau of Indian Affairs pursuant to title IV of the Indian

Self-Determination and Education Assistance Act (25 U.S.C.

450 et seq.).

‘‘(5) PRO RATA DISTRIBUTION OF ASSISTANCE.—In any fiscal

year for which less than all of the funds authorized under

subsection (c)(1) are appropriated, such funds shall be distributed under this subsection on a pro rata basis among the

entities referred to in subsection (c)(1) in the same proportions

in which amounts are authorized by that subsection for grants

to those entities.

‘‘(b) SOLID WASTE ASSISTANCE.— ‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall provide assistance to the State of

Alaska for designing, locating, constructing, redeveloping,

permitting, or certifying solid waste management facilities on

the Pribilof Islands to be operated under permits issued to

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

the State of Alaska under section 46.03.100 of the Alaska

Statutes. ‘‘(2) TRANSFER.—The Secretary shall transfer any appropriations received under paragraph (1) to the State of Alaska

for the benefit of rural and Native villages in Alaska for obligation under section 303 of Public Law 104–182, except that

subsection (b) of that section shall not apply to those funds.

‘‘(3) LIMITATION.—In order to be eligible to receive financial

assistance under this subsection, not later than 180 days after

the date of the enactment of this paragraph, each of the Cities

of St. Paul and St. George shall enter into a written agreement

with the State of Alaska under which such City shall identify

by its legal boundaries the tract or tracts of land that such

City has selected as the site for its solid waste management

facility and any supporting infrastructure.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary for fiscal years 2001, 2002,

2003, 2004, and 2005—

‘‘(1) for assistance under subsection (a) a total not to

exceed—

‘‘(A) $9,000,000, for grants to the City of St. Paul;

‘‘(B) $6,300,000, for grants to the Tanadgusix Corporation;

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

Council;

‘‘(D) $6,000,000, for grants to the City of St. George;

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

Corporation; and

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

Council; and

‘‘(2) for assistance under subsection (b), for fiscal years

2001, 2002, 2003, 2004, and 2005 a total not to exceed—

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

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

‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOBBYING ACTIVI- TIES.—None of the funds authorized by this section may be available

Deadline.

Contracts.

114 STAT. 2796 PUBLIC LAW 106–562—DEC. 23, 2000

for any activity a purpose of which is to influence legislation pending

before the Congress, except that this subsection shall not prevent

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

agencies, or commissions from communicating to Members of Congress, through proper channels, requests for legislation or appropriations that they consider necessary for the efficient conduct

of public business. ‘‘(e) IMMUNITY FROM LIABILITY.—Neither the United States nor

any of its agencies, officers, or employees shall have any liability

under this Act or any other law associated with or resulting from

the designing, locating, contracting for, redeveloping, permitting,

certifying, operating, or maintaining any solid waste management

facility on the Pribilof Islands as a consequence of— ‘‘(1) having provided assistance to the State of Alaska under

subsection (b); or ‘‘(2) providing funds for, or planning, constructing, or operating, any interim solid waste management facilities that may

be required by the State of Alaska before permanent solid

waste management facilities constructed with assistance provided under subsection (b) are complete and operational.

‘‘(f ) REPORT ON EXPENDITURES.—Each entity which receives

assistance authorized under subsection (c) shall submit an audited

statement listing the expenditure of that assistance to the Committee on Appropriations and the Committee on Resources of the

House of Representatives and the Committee on Appropriations

and the Committee on Commerce, Science, and Transportation of

the Senate, on the last day of fiscal years 2002, 2004, and 2006. ‘‘(g) CONGRESSIONAL INTENT.—Amounts authorized under subsection (c) are intended by Congress to be provided in addition

to the base funding appropriated to the National Oceanic and

Atmospheric Administration in fiscal year 2000.’’.

SEC. 104. DISPOSAL OF PROPERTY.

Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165)

is amended— (1) by amending subsection (c) to read as follows: ‘‘(c) Not later than 3 months after the date of the enactment

of the Pribilof Islands Transition Act, the Secretary shall submit

to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Resources of the House of Representatives a report that includes— ‘‘(1) a description of all property specified in the document

referred to in subsection (a) that has been conveyed under

that subsection; ‘‘(2) a description of all Federal property specified in the

document referred to in subsection (a) that is going to be

conveyed under that subsection; and ‘‘(3) an identification of all Federal property on the Pribilof

Islands that will be retained by the Federal Government to

meet its responsibilities under this Act, the Convention, and

any other applicable law.’’; and

(2) by striking subsection (g).

SEC. 105. TERMINATION OF RESPONSIBILITIES.

(a) FUTURE OBLIGATION.—

(1) IN GENERAL.—The Secretary of Commerce shall not

be considered to have any obligation to promote or otherwise

provide for the development of any form of an economy not

16 USC 1161

note.

Deadline.

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2797

dependent on sealing on the Pribilof Islands, Alaska, including

any obligation under section 206 of the Fur Seal Act of 1966

(16 U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104–91

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

(2) SAVINGS.—This subsection shall not affect any cause

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

U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104–91 (16

U.S.C. 1165 note)—

(A) that arose before the date of the enactment of

this title; and

(B) for which a judicial action is filed before the expiration of the 5-year period beginning on the date of the

enactment of this title.

(3) RULE OF CONSTRUCTION.—Nothing in this title shall

be construed to imply that—

(A) any obligation to promote or otherwise provide

for the development in the Pribilof Islands of any form

of an economy not dependent on sealing was or was not

established by section 206 of the Fur Seal Act of 1966

(16 U.S.C. 1166), section 3(c)(1)(A) of Public Law 104–

91 (16 U.S.C. 1165 note), or any other provision of law;

or

(B) any cause of action could or could not arise with

respect to such an obligation.

(4) CONFORMING AMENDMENT.—Section 3(c)(1) of Public

Law 104–91 (16 U.S.C. 1165 note) is amended by striking

subparagraph (A) and redesignating subparagraphs (B) through

(D) in order as subparagraphs (A) through (C).

(b) PROPERTY CONVEYANCE AND CLEANUP.—

(1) IN GENERAL.—Subject to paragraph (2), there are terminated all obligations of the Secretary of Commerce and the

United States to—

(A) convey property under section 205 of the Fur Seal

Act of 1966 (16 U.S.C. 1165); and

(B) carry out cleanup activities, including assessment,

response, remediation, and monitoring, except for

postremedial measures such as monitoring and operation

and maintenance activities, related to National Oceanic

and Atmospheric Administration administration of the

Pribilof Islands, Alaska, under section 3 of Public Law

104–91 (16 U.S.C. 1165 note) and the Pribilof Islands

Environmental Restoration Agreement between the

National Oceanic and Atmospheric Administration and the

State of Alaska, signed January 26, 1996.

(2) APPLICATION.—Paragraph (1) shall apply on and after

the date on which the Secretary of Commerce certifies that—

(A) the State of Alaska has provided written confirmation that no further corrective action is required at the

sites and operable units covered by the Pribilof Islands

Environmental Restoration Agreement between the

National Oceanic and Atmospheric Administration and the

State of Alaska, signed January 26, 1996, with the exception of postremedial measures, such as monitoring and

operation and maintenance activities;

(B) the cleanup required under section 3(a) of Public

Law 104–91 (16 U.S.C. 1165 note) is complete;

114 STAT. 2798 PUBLIC LAW 106–562—DEC. 23, 2000

(C) the properties specified in the document referred

to in subsection (a) of section 205 of the Fur Seal Act

of 1966 (16 U.S.C. 1165(a)) can be unconditionally offered

for conveyance under that section; and

(D) all amounts appropriated under section 206(c)(1)

of the Fur Seal Act of 1966, as amended by this title,

have been obligated.

(3) FINANCIAL CONTRIBUTIONS FOR CLEANUP COSTS.—(A)

On and after the date on which section 3(b)(5) of Public Law

104–91 (16 U.S.C. 1165 note) is repealed pursuant to subsection

(c), the Secretary of Commerce may not seek or require financial

contribution by or from any local governmental entity of the

Pribilof Islands, any official of such an entity, or the owner

of land on the Pribilof Islands, for cleanup costs incurred pursuant to section 3(a) of Public Law 104–91 (as in effect before

such repeal), except as provided in subparagraph (B).

(B) Subparagraph (A) shall not limit the authority of the

Secretary of Commerce to seek or require financial contribution

from any person for costs or fees to clean up any matter

that was caused or contributed to by such person on or after

March 15, 2000.

(4) CERTAIN RESERVED RIGHTS NOT CONDITIONS.—For purposes of paragraph (2)(C), the following requirements shall

not be considered to be conditions on conveyance of property:

(A) Any requirement that a potential transferee must

allow the National Oceanic and Atmospheric Administration continued access to the property to conduct environmental monitoring following remediation activities.

(B) Any requirement that a potential transferee must

allow the National Oceanic and Atmospheric Administration access to the property to continue the operation, and

eventual closure, of treatment facilities.

(C) Any requirement that a potential transferee must

comply with institutional controls to ensure that an

environmental cleanup remains protective of human health

or the environment that do not unreasonably affect the

use of the property.

(D) Valid existing rights in the property, including

rights granted by contract, permit, right-of-way, or easement.

(E) The terms of the documents described in subsection

(d)(2).

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

of Commerce makes the certification described in subsection (b)(2),

the following provisions are repealed:

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

1165).

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

(d) SAVINGS.—

(1) IN GENERAL.—Nothing in this title shall affect any

obligation of the Secretary of Commerce, or of any Federal

department or agency, under or with respect to any document

described in paragraph (2) or with respect to any lands subject

to such a document.

(2) DOCUMENTS DESCRIBED.—The documents referred to

in paragraph (1) are the following:

Effective date.

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2799

(A) The Transfer of Property on the Pribilof Islands:

Description, Terms, and Conditions, dated February 10,

1984, between the Secretary of Commerce and various

Pribilof Island entities.

(B) The Settlement Agreement between Tanadgusix

Corporation and the City of St. Paul, dated January 11,

1988, and approved by the Secretary of Commerce on February 23, 1988.

(C) The Memorandum of Understanding between

Tanadgusix Corporation, Tanaq Corporation, and the Secretary of Commerce, dated December 22, 1976.

(e) DEFINITIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), the

definitions set forth in section 101 of the Fur Seal Act of

1966 (16 U.S.C. 1151) shall apply to this section.

(2) NATIVES OF THE PRIBILOF ISLANDS.—For purposes of

this section, the term ‘‘Natives of the Pribilof Islands’’ includes

the Tanadgusix Corporation, the St. George Tanaq Corporation,

and the city governments and tribal councils of St. Paul and

St. George, Alaska.

SEC. 106. TECHNICAL AND CLARIFYING AMENDMENTS.

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

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

by—

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

for subsection (d) of section 3 of Public Law 104–91 and

inserting ‘‘SEC. 212.’’; and

(2) moving and redesignating such subsection so as to

appear as section 212 of the Fur Seal Act of 1966.

(b) Section 201 of the Fur Seal Act of 1966 (16 U.S.C. 1161)

is amended by striking ‘‘on such Islands’’ and inserting ‘‘on such

property’’.

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

by inserting before title I the following:

‘‘SECTION 1. SHORT TITLE.

‘‘This Act may be cited as the ‘Fur Seal Act of 1966’.’’.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

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

amended—

(1) by striking subsection (f ) and inserting the following:

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—

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

$10,000,000 for each of fiscal years 2001, 2002, 2003, 2004,

and 2005 for the purposes of carrying out this section.

‘‘(2) LIMITATION.—None of the funds authorized by this

subsection may be expended for the purpose of cleaning up

or remediating any landfills, wastes, dumps, debris, storage

tanks, property, hazardous or unsafe conditions, or contaminants, including petroleum products and their derivatives, left

by the Department of Defense or any of its components on

lands on the Pribilof Islands, Alaska.’’; and

(2) by adding at the end the following:

‘‘(g) LOW-INTEREST LOAN PROGRAM.— ‘‘(1) CAPITALIZATION OF REVOLVING FUND.—Of amounts

authorized under subsection (f ) for each of fiscal years 2001,

16 USC 1151

note.

16 USC 1169b.

114 STAT. 2800 PUBLIC LAW 106–562—DEC. 23, 2000

2002, 2003, 2004, and 2005, the Secretary may provide to

the State of Alaska up to $2,000,000 per fiscal year to capitalize

a revolving fund to be used by the State for loans under

this subsection.

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

that any revolving fund established with amounts provided

under this subsection shall be used only to provide low-interest

loans to Natives of the Pribilof Islands to assess, respond to,

remediate, and monitor contamination from lead paint,

asbestos, and petroleum from underground storage tanks. ‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DEFINED.—The

definitions set forth in section 101 of the Fur Seal Act of

1966 (16 U.S.C. 1151) shall apply to this section, except that

the term ‘Natives of the Pribilof Islands’ includes the

Tanadgusix and Tanaq Corporations. ‘‘(4) REVERSION OF FUNDS.—Before the Secretary may provide any funds to the State of Alaska under this section, the

State of Alaska and the Secretary must agree in writing that,

on the last day of fiscal year 2011, and of each fiscal year

thereafter until the full amount provided to the State of Alaska

by the Secretary under this section has been repaid to the

United States, the State of Alaska shall transfer to the Treasury

of the United States monies remaining in the revolving fund,

including principal and interest paid into the revolving fund

as repayment of loans.’’.

TITLE II—CORAL REEF CONSERVATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Coral Reef Conservation Act

of 2000’’.

SEC. 202. PURPOSES.

The purposes of this title are—

(1) to preserve, sustain, and restore the condition of coral

reef ecosystems;

(2) to promote the wise management and sustainable use

of coral reef ecosystems to benefit local communities and the

Nation;

(3) to develop sound scientific information on the condition

of coral reef ecosystems and the threats to such ecosystems;

(4) to assist in the preservation of coral reefs by supporting

conservation programs, including projects that involve affected

local communities and nongovernmental organizations;

(5) to provide financial resources for those programs and

projects; and

(6) to establish a formal mechanism for collecting and

allocating monetary donations from the private sector to be

used for coral reef conservation projects.

SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.

(a) IN GENERAL.—Not later than 180 days after the date of

the enactment of this Act, the Administrator shall submit to the

Committee on Commerce, Science, and Transportation of the Senate

and to the Committee on Resources of the House of Representatives

and publish in the Federal Register a national coral reef action

Deadline.

Federal Register,

publication.

16 USC 6402.

16 USC 6401.

16 USC 6401

note.

Coral Reef

Conservation Act

of 2000.

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2801

strategy, consistent with the purposes of this title. The Administrator shall periodically review and revise the strategy as necessary.

In developing this national strategy, the Secretary may consult

with the Coral Reef Task Force established under Executive Order

13089 (June 11, 1998).

(b) GOALS AND OBJECTIVES.—The action strategy shall include

a statement of goals and objectives as well as an implementation

plan, including a description of the funds obligated each fiscal

year to advance coral reef conservation. The action strategy and

implementation plan shall include discussion of— (1) coastal uses and management;

(2) water and air quality;

(3) mapping and information management;

(4) research, monitoring, and assessment;

(5) international and regional issues;

(6) outreach and education;

(7) local strategies developed by the States or Federal agencies, including regional fishery management councils; and

(8) conservation, including how the use of marine protected

areas to serve as replenishment zones will be developed consistent with local practices and traditions.

SEC. 204. CORAL REEF CONSERVATION PROGRAM.

(a) GRANTS.—The Secretary, through the Administrator and

subject to the availability of funds, shall provide grants of financial

assistance for projects for the conservation of coral reefs (hereafter

in this title referred to as ‘‘coral conservation projects’’), for proposals approved by the Administrator in accordance with this section.

(b) MATCHING REQUIREMENTS.—

(1) FIFTY PERCENT.—Except as provided in paragraph (2),

Federal funds for any coral conservation project under this

section may not exceed 50 percent of the total cost of such

project. For purposes of this paragraph, the non-Federal share

of project costs may be provided by in-kind contributions and

other noncash support.

(2) WAIVER.—The Administrator may waive all or part

of the matching requirement under paragraph (1) if the

Administrator determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the

public interest in such matching requirement.

(c) ELIGIBILITY.—Any natural resource management authority

of a State or other government authority with jurisdiction over

coral reefs or whose activities directly or indirectly affect coral

reefs, or coral reef ecosystems, or educational or nongovernmental

institutions with demonstrated expertise in the conservation of

coral reefs, may submit to the Administrator a coral conservation

proposal under subsection (e).

(d) GEOGRAPHIC AND BIOLOGICAL DIVERSITY.—The Administrator shall ensure that funding for grants awarded under subsection (b) during a fiscal year are distributed in the following

manner:

(1) No less than 40 percent of funds available shall be

awarded for coral conservation projects in the Pacific Ocean

within the maritime areas and zones subject to the jurisdiction

or control of the United States.

16 USC 6403.

114 STAT. 2802 PUBLIC LAW 106–562—DEC. 23, 2000

(2) No less than 40 percent of the funds available shall

be awarded for coral conservation projects in the Atlantic

Ocean, the Gulf of Mexico, and the Caribbean Sea within the

maritime areas and zones subject to the jurisdiction or control

of the United States.

(3) Remaining funds shall be awarded for projects that

address emerging priorities or threats, including international

priorities or threats, identified by the Administrator. When

identifying emerging threats or priorities, the Administrator

may consult with the Coral Reef Task Force.

(e) PROJECT PROPOSALS.—Each proposal for a grant under this

section shall include the following:

(1) The name of the individual or entity responsible for

conducting the project.

(2) A description of the qualifications of the individuals

who will conduct the project.

(3) A succinct statement of the purposes of the project.

(4) An estimate of the funds and time required to complete

the project.

(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in

which the project will be conducted.

(6) Information regarding the source and amount of

matching funding available to the applicant.

(7) A description of how the project meets one or more

of the criteria in subsection (g).

(8) Any other information the Administrator considers to

be necessary for evaluating the eligibility of the project for

funding under this title.

(f ) PROJECT REVIEW AND APPROVAL.—

(1) IN GENERAL.—The Administrator shall review each coral

conservation project proposal to determine if it meets the criteria set forth in subsection (g).

(2) REVIEW; APPROVAL OR DISAPPROVAL.—Not later than

6 months after receiving a project proposal under this section,

the Administrator shall—

(A) request and consider written comments on the proposal from each Federal agency, State government, or other

government jurisdiction, including the relevant regional

fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act

(16 U.S.C. 1801 et seq.), or any National Marine Sanctuary,

with jurisdiction or management authority over coral reef

ecosystems in the area where the project is to be conducted,

including the extent to which the project is consistent with

locally-established priorities;

(B) provide for the merit-based peer review of the

proposal and require standardized documentation of that

peer review;

(C) after considering any written comments and recommendations based on the reviews under subparagraphs

(A) and (B), approve or disapprove the proposal; and

(D) provide written notification of that approval or

disapproval to the person who submitted the proposal, and

each of those States and other government jurisdictions

that provided comments under subparagraph (A).

Deadline.

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2803

(g) CRITERIA FOR APPROVAL.—The Administrator may not

approve a project proposal under this section unless the project

is consistent with the coral reef action strategy under section 203

and will enhance the conservation of coral reefs by—

(1) implementing coral conservation programs which promote sustainable development and ensure effective, long-term

conservation of coral reefs;

(2) addressing the conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products;

(3) enhancing compliance with laws that prohibit or regulate the taking of coral products or species associated with

coral reefs or regulate the use and management of coral reef

ecosystems;

(4) developing sound scientific information on the condition

of coral reef ecosystems or the threats to such ecosystems,

including factors that cause coral disease;

(5) promoting and assisting to implement cooperative coral

reef conservation projects that involve affected local communities, nongovernmental organizations, or others in the private

sector;

(6) increasing public knowledge and awareness of coral

reef ecosystems and issues regarding their long term conservation;

(7) mapping the location and distribution of coral reefs;

(8) developing and implementing techniques to monitor

and assess the status and condition of coral reefs;

(9) developing and implementing cost-effective methods to

restore degraded coral reef ecosystems; or

(10) promoting ecologically sound navigation and anchorages near coral reefs.

(h) PROJECT REPORTING.—Each grantee under this section shall

provide periodic reports as required by the Administrator. Each

report shall include all information required by the Administrator

for evaluating the progress and success of the project.

(i) CORAL REEF TASK FORCE.—The Administrator may consult

with the Coral Reef Task Force to obtain guidance in establishing

coral conservation project priorities under this section.

( j) IMPLEMENTATION GUIDELINES.—Within 180 days after the

date of the enactment of this Act, the Administrator shall promulgate necessary guidelines for implementing this section. In developing those guidelines, the Administrator shall consult with State,

regional, and local entities involved in setting priorities for conservation of coral reefs and provide for appropriate public notice

and opportunity for comment.

SEC. 205. CORAL REEF CONSERVATION FUND.

(a) FUND.—The Administrator may enter into an agreement

with a nonprofit organization that promotes coral reef conservation

authorizing such organization to receive, hold, and administer funds

received pursuant to this section. The organization shall invest,

reinvest, and otherwise administer the funds and maintain such

funds and any interest or revenues earned in a separate interest

bearing account, hereafter referred to as the Fund, established

by such organization solely to support partnerships between the

public and private sectors that further the purposes of this Act

16 USC 6404.

Deadline.

114 STAT. 2804 PUBLIC LAW 106–562—DEC. 23, 2000

and are consistent with the national coral reef action strategy

under section 203.

(b) AUTHORIZATION TO SOLICIT DONATIONS.—Pursuant to an

agreement entered into under subsection (a) of this section, an

organization may accept, receive, solicit, hold, administer, and use

any gift to further the purposes of this title. Any moneys received

as a gift shall be deposited and maintained in the Fund established

by the organization under subsection (a).

(c) REVIEW OF PERFORMANCE.—The Administrator shall conduct

a continuing review of the grant program administered by an

organization under this section. Each review shall include a written

assessment concerning the extent to which that organization has

implemented the goals and requirements of this section and the

national coral reef action strategy under section 203.

(d) ADMINISTRATION.—Under an agreement entered into pursuant to subsection (a), the Administrator may transfer funds appropriated to carry out this title to an organization. Amounts received

by an organization under this subsection may be used for matching,

in whole or in part, contributions (whether in money, services,

or property) made to the organization by private persons and State

and local government agencies.

SEC. 206. EMERGENCY ASSISTANCE.

The Administrator may make grants to any State, local, or

territorial government agency with jurisdiction over coral reefs for

emergencies to address unforeseen or disaster-related circumstance

pertaining to coral reefs or coral reef ecosystems.

SEC. 207. NATIONAL PROGRAM.

(a) IN GENERAL.—Subject to the availability of appropriations,

the Secretary may conduct activities to conserve coral reefs and

coral reef ecosystems, that are consistent with this title, the

National Marine Sanctuaries Act, the Coastal Zone Management

Act of 1972, the Magnuson-Stevens Fishery Conservation and

Management Act, the Endangered Species Act of 1973, and the

Marine Mammal Protection Act of 1972.

(b) AUTHORIZED ACTIVITIES.—Activities authorized under subsection (a) include— (1) mapping, monitoring, assessment, restoration, and scientific research that benefit the understanding, sustainable

use, and long-term conservation of coral reefs and coral reef

ecosystems;

(2) enhancing public awareness, education, understanding,

and appreciation of coral reefs and coral reef ecosystems;

(3) providing assistance to States in removing abandoned

fishing gear, marine debris, and abandoned vessels from coral

reefs to conserve living marine resources; and

(4) cooperative conservation and management of coral reefs

and coral reef ecosystems with local, regional, or international

programs and partners.

SEC. 208. EFFECTIVENESS REPORTS.

(a) GRANT PROGRAM.—Not later than 3 years after the date

of the enactment of this Act, the Administrator shall submit to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Resources of the House of Representatives a report that documents the effectiveness of the grant program

under section 204 in meeting the purposes of this title. The report

Deadline.

16 USC 6407.

16 USC 6406.

16 USC 6405.

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2805

shall include a State-by-State summary of Federal and non-Federal

contributions toward the costs of each project.

(b) NATIONAL PROGRAM.—Not later than 2 years after the date

on which the Administrator publishes the national coral reef

strategy under section 203 and every 2 years thereafter, the

Administrator shall submit to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Resources

of the House of Representatives a report describing all activities

undertaken to implement that strategy, under section 203, including

a description of the funds obligated each fiscal year to advance

coral reef conservation.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to the Secretary to carry out this title $16,000,000 for each of fiscal

years 2001, 2002, 2003, and 2004, which may remain available

until expended.

(b) ADMINISTRATION.—Of the amounts appropriated under subsection (a), not more than the lesser of $1,000,000 or 10 percent

of the amounts appropriated, may be used for program administration or for overhead costs incurred by the National Oceanic and

Atmospheric Administration or the Department of Commerce and

assessed as an administrative charge.

(c) CORAL REEF CONSERVATION PROGRAM.—From the amounts

appropriated under subsection (a), there shall be made available

to the Secretary $8,000,000 for each of fiscal years 2001, 2002,

2003, and 2004 for coral reef conservation activities under section

204.

(d) NATIONAL CORAL REEF ACTIVITIES.—From the amounts

appropriated under subsection (a), there shall be made available

to the Secretary $8,000,000 for each of fiscal years 2001, 2002,

2003, and 2004 for activities under section 207.

SEC. 210. DEFINITIONS.

In this title:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the National Oceanic and Atmospheric

Administration.

(2) CONSERVATION.—The term ‘‘conservation’’ means the

use of methods and procedures necessary to preserve or sustain

corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems, including all activities associated

with resource management, such as assessment, conservation,

protection, restoration, sustainable use, and management of

habitat; mapping; habitat monitoring; assistance in the development of management strategies for marine protected areas

and marine resources consistent with the National Marine

Sanctuaries Act (16 U.S.C. 1431 et seq.) and the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.); law enforcement; conflict resolution initiatives;

community outreach and education; and that promote safe and

ecologically sound navigation.

(3) CORAL.—The term ‘‘coral’’ means species of the phylum

Cnidaria, including—

(A) all species of the orders Antipatharia (black corals),

Scleractinia (stony corals), Gorgonacea (horny corals),

Stolonifera (organpipe corals and others), Alcyanacea (soft

16 USC 6409.

16 USC 6408.

Deadline.

Reports.

114 STAT. 2806 PUBLIC LAW 106–562—DEC. 23, 2000

corals), and Coenothecalia (blue coral), of the class

Anthozoa; and

(B) all species of the order Hydrocorallina (fire corals

and hydrocorals) of the class Hydrozoa.

(4) CORAL REEF.—The term ‘‘coral reef ’’ means any reefs

or shoals composed primarily of corals.

(5) CORAL REEF ECOSYSTEM.—The term ‘‘coral reef ecosystem’’ means coral and other species of reef organisms

(including reef plants) associated with coral reefs, and the

nonliving environmental factors that directly affect coral reefs,

that together function as an ecological unit in nature.

(6) CORAL PRODUCTS.—The term ‘‘coral products’’ means

any living or dead specimens, parts, or derivatives, or any

product containing specimens, parts, or derivatives, of any species referred to in paragraph (3).

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Commerce.

(8) STATE.—The term ‘‘State’’ means any State of the

United States that contains a coral reef ecosystem within its

seaward boundaries, American Samoa, Guam, the Northern

Mariana Islands, Puerto Rico, and the Virgin Islands, and

any other territory or possession of the United States, or separate sovereign in free association with the United States, that

contains a coral reef ecosystem within its seaward boundaries.

TITLE III—MISCELLANEOUS

SEC. 301. GREAT LAKES FISHERY ACT OF 1956.

Section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C.

932(a)) is amended by adding at the end the following: ‘‘(3) Individuals serving as such Commissioners shall not be

considered to be Federal employees while performing such service,

except for purposes of injury compensation or tort claims liability

as provided in chapter 81 of title 5, United States Code, and

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

SEC. 302. TUNA CONVENTIONS ACT OF 1950.

Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C.

952) is amended by inserting before ‘‘Of such Commissioners—

’’ the following: ‘‘Individuals serving as such Commissioners shall

not be considered to be Federal employees while performing such

service, except for purposes of injury compensation or tort claims

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

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

SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF 1975.

Section 3(a)(1) of the Atlantic Tunas Convention Act of 1975

(16 U.S.C. 971a(a)(1)) is amended by inserting before ‘‘The Commissioners’’ the following: ‘‘Individuals serving as such Commissioners

shall not be considered to be Federal employees while performing

such service, except for purposes of injury compensation or tort

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

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

SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.

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

16 USC 5001 et by striking title VIII (106 Stat. 5098 et seq.).

seq.

PUBLIC LAW 106–562—DEC. 23, 2000 114 STAT. 2807

(b) TREATMENT COMMISSIONERS.—Section 804(a) of the North

Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is

amended by inserting before ‘‘Of the Commissioners—’’ the following: ‘‘Individuals serving as such Commissioners shall not be

considered to be Federal employees while performing such service,

except for purposes of injury compensation or tort claims liability

as provided in chapter 81 of title 5, United States Code, and

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

SEC. 305. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.

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

1995 (16 U.S.C. 5502(4)) is amended by inserting ‘‘or subject to

the jurisdiction of the United States’’ after ‘‘United States’’.

SEC. 306. REIMBURSEMENT OF EXPENSES.

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

States Code, all amounts received by the United States in settlement of, or judgment for, damage claims arising from the October

9, 1992, allision of the vessel ZACHARY into the National Oceanic

and Atmospheric Administration research vessel DISCOVERER,

and from the disposal of marine assets, and all amounts received

by the United States from the disposal of marine assets of the

National Oceanic and Atmospheric Administration— (1) shall be retained as an offsetting collection in the Operations, Research and Facilities account of the National Oceanic

and Atmospheric Administration;

(2) shall be deposited into that account upon receipt by

the United States Government; and

(3) shall be available only for obligation for National Oceanic and Atmospheric Administration hydrographic and fisheries vessel operations.

SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE SANCTUARIES ACT.

(a) CROSS REFERENCE CORRECTION.—Section 304(f )(2) of the

National Marine Sanctuaries Act (16 U.S.C. 1434(f )(2)) is amended

by striking ‘‘paragraph (2)’’ and inserting ‘‘subparagraphs (A) and

(B) of paragraph (1)’’.

(b) SHORT TITLE CORRECTION.—Section 317 of such Act (16

U.S.C. 1445 note) is amended by striking ‘‘ ‘The’’ and inserting

‘‘the ‘ ’’.

(c) EFFECTIVE DATE.—Subsection (a) shall take effect January

1, 2001.

TITLE IV—STUDY OF EASTERN GRAY

WHALE POPULATION

SEC. 401. STUDY OF THE EASTERN GRAY WHALE POPULATION.

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

enactment of this Act and subject to the availability of appropriations, the Secretary of Commerce shall initiate a study of the

environmental and biological factors responsible for the significant

increase in mortality events of the eastern gray whale population,

and the other potential impacts these factors may be having on

the eastern gray whale population.

Deadline.

16 USC 917a

note.

16 USC 1434

note.

16 USC 1431

note.

114 STAT. 2808 PUBLIC LAW 106–562—DEC. 23, 2000

LEGISLATIVE HISTORY—H.R. 1653:

HOUSE REPORTS: No. 106–195 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 30, 31, considered and passed House.

Dec. 14, considered and passed Senate.

Æ

(b) CONSIDERATION OF WESTERN POPULATION INFORMATION.— The Secretary should ensure that, to the greatest extent practicable,

information from current and future studies of the western gray

whale population is considered in the study under this section,

so as to better understand the dynamics of each population and

to test different hypotheses that may lead to an increased understanding of the mechanism driving their respective population

dynamics.

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to other

amounts authorized under this title, there are authorized to be

appropriated to the Secretary to carry out this section— (1) $290,000 for fiscal year 2001; and

(2) $500,000 for each of fiscal years 2002 through 2004.

TITLE V—MISCELLANEOUS

SEC. 501. TREATMENT OF VESSEL AS AN ELIGIBLE VESSEL.

Notwithstanding paragraphs (1) through (3) of sections 208(a)

of the American Fisheries Act (title II of division C of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act,

1999 (Public Law 105–277; 112 Stat. 2681–624)), the catcher vessel

HAZEL LORRAINE (United States Official Number 592211) and

the catcher vessel PROVIDIAN (United States Official Number

1062183) shall be considered to be vessels that are eligible to

harvest the directed fishing allowance under section 206(b)(1) of

that Act pursuant to a Federal fishing permit in the same manner

as, and subject to the same requirements and limitations on that

harvesting as apply to, catcher vessels that are eligible to harvest

that directed fishing allowance under section 208(a) of that Act.

Approved December 23, 2000.