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[Senate Report 109-217]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-217
_______________________________________________________________________

                                     

                                                       Calendar No. 365
 
UNITED STATES-RUSSIA POLAR BEAR CONSERVATION AND MANAGEMENT ACT OF 2005

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2013

DATE deg.February 27, 2006.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             second session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DEMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
             Christine Drager Kurth, Deputy Staff Director
                      Ken Nahigian, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel

                                                       Calendar No. 365
109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-217

======================================================================

UNITED STATES-RUSSIA POLAR BEAR CONSERVATION AND MANAGEMENT ACT OF 2005

                                _______
                                

               February 27, 2006.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2013]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2013) to amend the Marine 
Mammal Protection Act of 1972 to implement the Agreement on the 
Conservation and Management of the Alaska-Chukotka Polar Bear 
Population, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of S. 2013 is to provide the necessary 
implementing legislation for the United States to enforce the 
Agreement on the Conservation and Management of the Alaska-
Chukotka Polar Bear Population (Polar Bear Treaty), a bilateral 
agreement between the United States and Russia aimed at 
assuring the long-term, science-based conservation of the 
Alaska-Chukotka polar bear population, and the regulation of 
its use for subsistence purposes by native people.

                          Background and Needs

  On November 13, 1973, the Agreement on the Conservation of 
Polar Bears (1973 Agreement) was agreed to by countries with 
wild polar bear populations. This was the first step in the 
international conservation of polar bears. The 1973 Agreement 
is a multilateral treaty to which the United States and Russia 
are parties. The other parties are Norway, Canada, and Denmark. 
The 1973 Agreement provides authority for a subsistence harvest 
of polar bears and provides for habitat conservation.
  The Polar Bear Treaty, signed by the United States and Russia 
in 2000, provides legal protections for the Alaska-Chukotka 
polar bear population beyond those found in the 1973 Agreement. 
Illegal harvest of polar bears in Russia is significant and at 
levels that in the past caused population depletion. The Polar 
Bear Treaty would prohibit any taking of polar bears from the 
population that is inconsistent with its terms or the terms of 
the 1973 Agreement, and includes binding harvest limits. The 
Polar Bear Treaty also establishes a U.S.-Russia Polar Bear 
Commission (Commission) to consider scientific information on 
polar bears and their habitat, set annual limits on harvests, 
and recommend related conservation measures to the parties. 
Annual harvest limits will be equally divided between the 
United States and Russia. In addition, the Polar Bear Treaty 
provides for greater data collection, analysis, and sharing of 
information on the status of this polar bear population.
  The Senate Foreign Relations Committee held a hearing on the 
Polar Bear Treaty on June 17, 2003, and favorably reported the 
Treaty at its Executive Session held on July 23, 2003. The full 
Senate agreed to the resolution of advice and consent on the 
treaty on July 31, 2003. On November 14, 2005 the Senate 
Commerce, Science, and Transportation Committee held a full 
Committee hearing to discuss implementing legislation for the 
Polar Bear Treaty, and the need for a regulatory framework in 
both Russia and Alaska to oversee the shared polar bear 
population.
  Implementing legislation is required for the United States to 
ratify and implement the Polar Bear Treaty. The bill, S. 2013, 
would provide the necessary authorities, including the 
authority to appoint representatives from the United States to 
the Commission, and the authority to enforce the agreement.
  The Native people of Alaska and Russia play an essential role 
in the conservation of polar bears and will continue to be at 
the forefront of decision making with implementation of the 
Polar Bear Treaty. The work of the Nanuuq Commission, which was 
formed in 1994 to represent the Native hunters and villages in 
North and Northwest Alaska in the negotiations on the Polar 
Bear Treaty, provide for the collection of samples from polar 
bears and research on the migration and denning patterns of the 
shared population of polar bears. Reliable biological 
information, including scientific data and traditional 
knowledge of Native people, will assist in the development of 
an effective strategy for the conservation and management of 
the Alaska-Chukotka polar bear population as contemplated under 
the Treaty.
  Russia has already ratified the Polar Bear Treaty, and has 
put in place the appropriate regulatory framework for its 
implementation. Implementation will be through the Russian 
Ministry of Natural Resources. Russia is prepared to appoint 
Commissioners once the United States has ratified the 
agreement.

                         Summary of Provisions

  The bill, S. 2013, would amend the Marine Mammal Protection 
Act of 1972 (MMPA) to implement the Agreement between the 
Government of the United States of America and the Government 
of the Russian Federation on the Conservation and Management of 
the Alaska-Chukotka Polar Bear Population. The implementing 
provisions of the bill would become title V of the MMPA.
  The bill would prohibit the possession, import, export, 
transport, sale, receipt, acquisition, or purchase of any polar 
bear (or any part or product thereof) that is taken in 
violation of the Polar Bear Treaty, and provide enforcement 
authority for violations.
  The bill also would establish a process by which one 
representative of the United States government and one 
representative of the Native people of Alaska would be 
appointed to serve on the bi-national Commission established by 
the Polar Bear Treaty. The Commission would determine annual 
take limits and the adoption of other measures to restrict the 
taking of polar bears for subsistence purposes. The Commission 
would also provide a forum for considering scientific 
information on polar bears and polar bear habitat, and would 
provide recommendations for relevant conservation measures.

                          Legislative History

  On November 14, 2005, the Committee held a hearing to examine 
the status of the Polar Bear Treaty and on necessary 
implementing legislation. S. 2013 was introduced on November 
15, 2005, by Committee Chairman Ted Stevens (R-AK) (and 
cosponsored by Committee Co-Chairman Senator Daniel Inouye (D-
HI) and Senator Lisa Murkowski (R-AK)), and referred to the 
Senate Committee on Commerce, Science, and Transportation. On 
November 17, 2005, the Committee considered the bill in open 
Executive Session. Senator Stevens offered S. 2013 as 
introduced, and, without objection, ordered S. 2013 reported 
without amendment.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraphs (1) and (2) of that subsection 
in order to expedite the business of the Senate. deg.
  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 10, 2006.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2013, the United 
States-Russia Polar Bear Conservation and Management Act of 
2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Donald B. Marron,
                                                    Acting Director
    Enclosure.
S. 2013--United States-Russia Polar Bear Conservation and Management 
        Act of 2005
    Summary: S. 2013 would direct the U.S. Fish and Wildlife 
Service (USFWS) to implement the Agreement Between the 
Government of the United States of America and the Government 
of the Russian Federation on the Conservation and Management of 
the Alaska-Chukotka Polar Bear Population, signed on October 
16, 2002. For this purpose, the bill would authorize the 
appropriation of $4 million for each of fiscal years 2006 
through 2010. S. 2013 also would establish criminal fines and 
civil penalties to be imposed on anyone who violates 
prohibitions under the bill against transactions involving 
polar bears or their organs.
    Assuming appropriation of the authorized amounts, CBO 
estimates that carrying out S. 2013 would cost $1 million in 
fiscal year 2006 and $16 million over the 2006-2010 period. 
Enacting the bill would result in additional revenues (and 
associated direct spending) from civil and criminal fines as 
well as new direct spending, but we estimate that such amounts 
would be minimal.
    Section 4 of the Unfunded Mandates Reform Act (UMRA) 
excludes from the application of that act any legislative 
provisions that are necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that, because S. 2013 would implement the U.S.-
Russia Polar Bear Treaty, it falls within that exclusion. CBO 
has thus not reviewed the bill for the presence of mandates.
    Estimated costs to the Federal Government: The estimated 
budgetary impact of S. 2013 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............       4       4       4       4       4
Estimated Outlays...............       1       3       4       4       4
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2013 will be enacted during fiscal year 2006 and that the 
amounts authorized will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
similar programs of the USFWS.
    S. 2013 contains fines and product-forfeiture provisions 
that are similar to those imposed under the Lacey Act, which 
prohibits sales, imports, and other transactions involving 
endangered species. Enacting the bill could thus affect 
revenues from civil and criminal fines. CBO estimates, however, 
that any increase in revenues would be less than $500,000 
annually. Moreover, such changes would be offset by increases 
in direct spending from the Crime Victims Fund (where criminal 
fines are deposited) or the resource management account of the 
USFWS (where civil fines are deposited and used for rewards to 
informers and other program costs).
    Intergovernmental and private-sector impact: Section 4 of 
UMRA excludes from the application of that act any legislative 
provisions that are necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that because S. 2013 would implement the U.S.-Russia 
Polar Bear Treaty, it falls within that exclusion. CBO has thus 
not reviewed the bill for the presence of mandates.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Marjorie Mille. Impact 
on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2013 as reported by the Committee would authorize 
appropriations to implement title V, the United States-Russia 
Polar Bear Conservation and Management Act of 2005, of the 
Marine Mammal Protection Act. The bill would have no regulatory 
impact on the Alaska Native subsistence harvest of polar bears.

                            ECONOMIC IMPACT

  The bill, as reported, would provide authorization levels of 
$3,000,000 for the Secretary of the Interior for each of fiscal 
years 2006 through 2010, $500,000 is authorized for the 
Commission for each of fiscal years 2006 through 2010, $500,000 
is authorized for the Alaskan Cooperative Management Program 
for each of fiscal years 2006 through 2010 to carry out this 
title and the agreement in Alaska. These funding levels are not 
expected to have an inflationary impact on the Nation's 
economy.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector.

                      Section-by-Section Analysis

Section 1. Short title
  This section sets forth the short title of the bill, ``The 
United States-Russia Polar Bear Conservation and Management Act 
of 2005.''
Section 2. Amendment of Marine Mammal Protection Act of 1972
  This section would amend the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.) by adding a title V at the end 
containing the following sections:
Section 501. Definitions
  This section defines the following terms used in the new 
title:
   Agreement.--The term ``agreement'' means the 
agreement between the governments of the United States and 
Russia on the shared population of polar bears.
   Alaska Nanuuq Commission.--The term ``Alaska Nanuuq 
Commission'' means an entity that represents the villages of 
Alaska that take polar bears for subsistence purposes.
   Import.--The term ``import'' means to land, bring 
into, or introduce into the United States.
   Native People.--The term ``Native People'' has the 
meaning given the term in the Agreement.
   Polar Bear Part or Product.--The term ``polar bear 
part or product'' means any part of a polar bear, including the 
gall bladder.
   Secretary--The term ``Secretary'' means Secretary of 
the Interior.
   Taking.--The term ``taking'' means hunting, 
capturing, or killing a polar bear.
   United States/Russia Polar Bear Commission.--The 
term ``United States/Russia Polar Bear Commission'' means the 
bi-national commission established under article 8 of the 
Agreement.
   United States Section.--The term ``United States 
Section'' means the commissioners appointed by the President 
under section 505.
Section 502. Prohibitions
  This section states that it is unlawful for any person to 
take, possess, or trade any polar bear in violation of the 
Agreement. This includes importing, exporting, possessing, 
transporting, selling, receiving, acquiring, purchasing, 
exchanging, bartering, or offering to sell, exchange, or barter 
for any polar bear or any part or product of a polar bear.
  Exceptions would be made for government officials 
specifically, forensic testing, or any other law enforcement 
purpose.
Section 503. Administration and enforcement
  This section provides that the Secretary of the Interior, 
acting through the United States Fish and Wildlife Service, 
would implement, enforce, and administer the provisions of the 
Agreement on behalf of the United States. The Secretary would 
be required to consult with the Secretary of State, the Marine 
Mammal Commission, and the Alaska Nanuuq Commission on matters 
involving the implementation of the Agreement.
  Forfeiture.--A person or entity in possession of a polar bear 
or parts of a polar bear found to be in violation will be 
subject to having the polar bear seized along with any 
equipment involved in the violation. This includes traps, guns, 
vehicles, vessels, aircraft or other means of transportation.
  Inspection.--Any person authorized by the Secretary of the 
Interior, the Secretary of the Treasury, the Secretary of 
Homeland Security, or the Secretary of Commerce to enforce this 
title may detain, inspect, and seize any container, including 
the contents of the container, and all accompanying documents, 
upon importation or exportation of polar bears or polar bear 
parts.
  Applicable Law.--All provisions of law relating to the 
seizure, forfeiture, and condemnation of property for violation 
of the customs laws or the proceeds from the sale of that 
property apply.
  Civil Penalties.--A penalty of not more than $50,000 may be 
imposed by the Secretary for each violation.
  Criminal Penalties.--For a person who knowingly violates 
section 502, a fine of not more than $100,000 for each such 
violation, imprisonment not more than one year, or both may be 
imposed by the Secretary.
  District Court Jurisdiction.--The United States district 
courts, including the courts specified in section 460 of title 
28, United States Code, have jurisdiction over any action 
arising under this title. The United States District Court for 
the District of Alaska has exclusive original jurisdiction of 
any action arising under this title for any violation 
committed, or alleged to have been committed, in Alaska.
Section 504. Designation and appointment of members of the U.S. Section 
        of the Commission and compensation
  This section describes the appointment process and 
compensation for the members of the Commission. Two 
commissioners would be appointed by the President in 
consultation with the Secretary of Interior, Congressional 
leaders, and the Alaska Nanuuq Commission. Of the two 
appointees, one would be required to be an official of the 
Federal Government and the other would be required to be a 
representative of the Alaska Native people. Both must have 
practical knowledge of polar bears. The Commissioners would 
serve a four-year term at the pleasure of the President. 
Vacancies would be filled by the same process as described for 
original appointees. This section also provides for the 
appointment of alternate commissioners by the Secretary of 
Interior. The alternates would exercise all functions of an 
absent Commissioner. The alternates are eligible for 
reappointment by the President and may attend all meetings of 
the United States Section. Members of the U.S. Section will 
serve without compensation. Travel expenses and per diem is 
permitted.
Section 505. Votes taken by the U.S. Section on matters before the 
        Commission
  This section describes the voting process of the U.S. 
Section. The U.S. Section would vote on any issue before the 
Commission, but only if there is no disagreement between both 
U.S. Commissioners regarding the vote.
Section 506. Implementation of actions taken by Commission
  This section directs the Secretary of the Interior to take 
all necessary actions to implement the decisions of the 
Commission. Within 60 days after the Secretary receives a 
notice of the Commission setting an annual taking limit, the 
Secretary would be required to publish the taking limit of 
Polar Bears in the Federal Register.
Section 507. Cooperative management agreement; Authority to delegate 
        enforcement authority
  This section allows the Secretary of the Interior, through 
the U.S. Fish and Wildlife Service, to share the management 
authority for the taking of polar bears with the Alaska Nanuuq 
Commission. For the Alaska Nanuuq Commission to be eligible for 
cooperative management authority it would be required to meet 
the following requirements:
           Enter into a cooperative agreement with the 
        Secretary under section 119 of the title.
           Monitor the compliance with the title.
           Administer its co-management program in 
        accordance with the title, the agreement, and the 
        Agreement on the Conservation of Polar Bears, done at 
        Oslo, Norway, November 15, 1973 (27 UST 3918; TIAS 
        8409).
Section 508. Application with other titles of Act
  This section provides that the Secretary of the Interior's 
authority would be in addition to, and would not affect, the 
Secretary's authority under other titles of this Act or the 
Lacey Act.
Section 509. Authorization of appropriations
  This section authorizes the appropriation, for each of fiscal 
years 2006 through 2010, of $3 million to the Secretary of the 
Interior, $500,000 to the Commission, and $500,000 to the 
Alaskan Cooperative Management Program to carry out this title 
and the Agreement in Alaska.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  Marine Mammal Protection Act of 1972

                  TITLE V--ALASKA-CHUKOTKA POLAR BEARS

SEC. 501. DEFINITIONS.

  In this title:
          (1) Agreement.--The term ``Agreement'' means the 
        Agreement Between the Government of the United States 
        of America and the Government of the Russian Federation 
        on the Conservation and Management of the Alaska-
        Chukotka Polar Bear Population, signed at Washington, 
        D.C., on October 16, 2000.
          (2) Alaska nanuuq commission.--The term ``Alaska 
        Nanuuq Commission'' means the Alaska Native entity, in 
        existence on the date of enactment of this Act, that 
        represents all villages in the State of Alaska that 
        engage in the annual subsistence taking of polar bears 
        from the Alaska-Chukotka population and any successor 
        entity.
          (3) Import.--The term ``import'' means to land on, 
        bring into, or introduce into, or attempt to land on, 
        bring into, or introduce into, any place subject to the 
        jurisdiction of the United States, without regard to 
        whether the landing, bringing, or introduction 
        constitutes an importation within the meaning of the 
        customs laws of the United States.
          (4) Native people.--The term ``Native people'' has 
        the meaning given the term in the Agreement.
          (5) Polar bear part or product.--The term ``part or 
        product of a polar bear'' means any polar bear part or 
        product, including the gall bile and gall bladder.
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (7) Taking.--The term ``taking'' means hunting, 
        capturing, or killing a polar bear.
          (8) United states-russia polar bear commission.--The 
        term ``United States-Russia Polar Bear Commission'' 
        means the binational commission established under 
        article 8 of the Agreement.
          (9) United states section.--The term ``United States 
        Section'' means the commissioners appointed by the 
        President under section 505 of this title.

SEC. 502. PROHIBITIONS.

  (a) In General.--It is unlawful for any person--
          (1) to take any polar bear in violation of the 
        Agreement;
          (2) to take any polar bear in violation of any annual 
        taking limit or other restriction on the taking of 
        polar bears that is adopted by the United States-Russia 
        Polar Bear Commission pursuant to the Agreement;
          (3) to import, export, possess, transport, sell, 
        receive, acquire, purchase, exchange, barter, or offer 
        to sell, exchange, or barter any polar bear, or any 
        part or product of a polar bear, that is taken in 
        violation of the Agreement or any limit or restriction 
        on taking that is adopted by the United States-Russia 
        Polar Bear Commission;
          (4) to import, export, possess, transport, sell, 
        receive, acquire, purchase, exchange, or barter, offer 
        to sell, exchange, or barter, polar bear gall bile or a 
        polar bear gall bladder;
          (5) to attempt to commit, solicit another person to 
        commit, or cause to be committed, any offense under 
        this subsection; or
          (6) to violate any regulation promulgated by the 
        Secretary to implement any of the prohibitions 
        established in this subsection.
  (b) Exceptions.--For the purpose of forensic testing or any 
other law enforcement purpose, a government official may import 
a polar bear or any part or product of a polar bear.

SEC. 503. ADMINISTRATION AND ENFORCEMENT.

  (a)  In General.--The Secretary, acting through the United 
States Fish and Wildlife Service, shall do all things necessary 
and appropriate, including the promulgation of regulations, to 
implement, enforce, and administer the provisions of the 
Agreement on behalf of the United States. The Secretary shall 
consult with the Secretary of State, the Marine Mammal 
Commission, and the Alaska Nanuuq Commission on matters 
involving the implementation of the Agreement. The Secretary 
may utilize by agreement, with or without reimbursement, the 
personnel, services, and facilities of any other Federal 
agency, any State agency, or the Alaska Nanuuq Commission for 
purposes of carrying out this title or the Agreement. Any 
person authorized by the Secretary under this subsection to 
enforce this title or the Agreement shall have the powers and 
authorities that are enumerated in section 6(b) of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3375(b)).
  (b)  Forfeiture.--
          (1) Requirement.--
                  (A) In general.--A polar bear, or any part or 
                product of a polar bear, that is (or attempted 
                to be) imported, exported, taken, possessed, 
                transported, sold, received, acquired, 
                purchased, exchanged, or bartered or offered 
                for sale, exchange, or barter, or purchase, in 
                violation of this title, shall be subject to 
                seizure and forfeiture to the United States 
                without any showing that may be required for 
                assessment of a civil penalty or for criminal 
                prosecution.
                  (B) Equipment.--Each gun, trap, net, or other 
                equipment used, and any vessel, vehicle, 
                aircraft, or other means of transportation 
                used, to aid in the violation or attempted 
                violation of this title shall be subject to 
                forfeiture to the United States upon conviction 
                of a criminal violation in accordance with 
                subsection (e).
          (2) Inspection.--
                  (A) In general.--Any person authorized by the 
                Secretary, the Secretary of the Treasury, the 
                Secretary of Homeland Security, or the 
                Secretary of Commerce to enforce this title 
                may--
                          (i) detain and inspect any container, 
                        including the contents of the 
                        container, and all accompanying 
                        documents, upon importation or 
                        exportation of the container;
                          (ii) search and, if the container is 
                        found to contain a polar bear or part 
                        or product of a polar bear, seize the 
                        package, crate, or container, and any 
                        documentation associated with it, with 
                        or without a warrant.
                  (B) Treatment of seized materials.--
                          (i) In general.--Except as provided 
                        in clause (ii), any polar bear, or any 
                        part or product of a polar bear, seized 
                        under this section shall be held by any 
                        person authorized by the Secretary, the 
                        Secretary of the Treasury, the 
                        Secretary of Homeland Security, or the 
                        Secretary of Commerce pending 
                        disposition of civil or criminal 
                        proceedings, or the institution of an 
                        action in rem for forfeiture of the 
                        polar bear, part, or product, in 
                        accordance with this subsection.
                          (ii) Bond.--Subject to clause (iii), 
                        in lieu of holding a polar bear or any 
                        part or product of a polar bear 
                        described in clause (i), the Secretary 
                        may permit the owner to post a bond or 
                        other surety satisfactory to the 
                        Secretary.
                          (iii) Disposal.--Upon forfeiture of 
                        any property to the United States under 
                        this subsection, or the abandonment or 
                        waiver of any claim to any such 
                        property, the property shall be 
                        disposed of by the Secretary in such a 
                        manner, consistent with the purposes of 
                        this title, as the Secretary shall by 
                        regulation prescribe.
          (3) Applicable law.--
                  (A) In general.--Subject to subparagraph (B), 
                the following provisions of law described in 
                subparagraph (B) shall apply to all seizures 
                and forfeitures carried out under this title:
                          (i) All provisions of law relating to 
                        the seizure, forfeiture, and 
                        condemnation of property for violation 
                        of the customs laws.
                          (ii) All provisions of law relating 
                        to the disposition of seized or 
                        forfeited property or the proceeds from 
                        the sale of that property.
                          (iii) All provisions of law relating 
                        to the remission or mitigation of that 
                        forfeiture.
                          (iv) Section 981 of title 18, United 
                        States Code.
                  (B) Exception.--All powers, rights, and 
                duties conferred or imposed by the customs laws 
                upon any officer or employee of the Department 
                of Treasury shall, for the purpose of this 
                title, be exercised or performed by--
                          (i) the Secretary or the Secretary's 
                        designee; or
                          (ii) such persons as the Secretary 
                        may designate.
  (c) Civil Penalties.--
          (1) Penalties.--
                  (A) In general.--Any person who knowingly 
                engages in conduct prohibited by section 502, 
                or who in the exercise of due care should know 
                that the person is engaging in conduct 
                prohibited by section 502, may be assessed a 
                civil penalty by the Secretary of not more than 
                $50,000 for each violation.
                  (B) Notice and opportunity for hearing.--No 
                penalty may be assessed against a person under 
                this paragraph unless the person is given 
                notice and opportunity for a hearing with 
                respect to the violation for which the penalty 
                is assessed.
                  (C) Separate offenses.--Each violation shall 
                be a separate offense.
                  (D) Remission and mitigation.--A civil 
                penalty assessed under this paragraph may be 
                remitted or mitigated by the Secretary.
                  (E) Civil action.--Upon any failure by a 
                person to pay a civil penalty assessed under 
                this paragraph--
                          (i) the Secretary may request the 
                        Attorney General to bring a civil 
                        action in the United States district 
                        court for any district in which the 
                        person is found, resides, or transacts 
                        business to collect the penalty; and
                          (ii) the court shall have 
                        jurisdiction to hear and decide any 
                        such action.
                  (F) Standard.--A court shall hear and sustain 
                a civil action by the Secretary under 
                subparagraph (E) if the civil action is 
                supported by substantial evidence on the record 
                considered as a whole.
          (2) Procedure.--
                  (A) In general.--A hearing held during 
                proceedings for the assessment of a civil 
                penalty under paragraph (1) shall be conducted 
                in accordance with section 554 of title 5, 
                United States Code.
                  (B) Subpoenas.--The Secretary may issue 
                subpoenas for the attendance and testimony of 
                witnesses and the production of relevant 
                papers, books, and documents, and administer 
                oaths.
                  (C) Reimbursement of witnesses.--A witness 
                summoned to appear in a proceeding under this 
                paragraph shall be paid the same fees and 
                mileage that are paid to witnesses in the 
                courts of the United States.
                  (D) Contumacy.--In case of contumacy or 
                refusal to obey a subpoena served upon any 
                person under this paragraph--
                          (i) the United States district court 
                        for any district in which the person is 
                        found, resides, or transacts business, 
                        upon application by the United States 
                        and after notice to the person, shall 
                        have jurisdiction to issue an order 
                        requiring the person to appear and give 
                        testimony before the Secretary, to 
                        appear and produce documents before the 
                        Secretary, or both; and
                          (ii) any failure to obey such an 
                        order of the court may be punished by 
                        the court as a contempt of the court.
  (d)  Criminal Penalties.--A person who knowingly violates 
section 502 shall be fined not more than $100,000 for each such 
violation, imprisoned not more than 1 year, or both.
  (e) District Court Jurisdiction.--
          (1) In general.--The United States district courts, 
        including the courts specified in section 460 of title 
        28, United States Code, shall have jurisdiction over 
        any action arising under this title.
          (2) Alaskan cases.--Notwithstanding paragraph (1), 
        the United States District Court for the district of 
        Alaska shall have exclusive original jurisdiction of 
        any action arising under this title for any violation 
        committed, or alleged to have been committed, in 
        Alaska.
  (f) Other Enforcement.--The importation or exportation of a 
polar bear, or any part or product of a polar bear, that is 
taken, possessed, transported, sold, received, acquired, 
purchased, exchanged, or bartered or offered for sale, 
exchange, or barter, or purchase, in violation of the Agreement 
or any limitation or restriction of the United States-Russia 
Polar Bear Commission shall be considered to be transportation 
of wildlife for the purpose of section 3(a) of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3372(a)).
  (g)  Regulations.--
          (1) In general.--The Secretary shall promulgate such 
        regulations as are necessary to carry out this title 
        and the Agreement.
          (2) Ordinances and regulations.--If necessary to 
        carry out this title and the Agreement, and to improve 
        compliance with the annual taking limit or other 
        restriction on taking adopted by the United States-
        Russia Polar Bear Commission and implemented by the 
        Secretary in accordance with this title, the Secretary 
        may promulgate regulations that adopt any ordinance or 
        regulation that restricts the taking of polar bears for 
        subsistence purposes if the ordinance or regulation has 
        been promulgated by the Alaska Nanuuq Commission.
  (h)  Use of Penalty Amounts.--Amounts received as penalties, 
fines, or forfeiture of property under this section shall be 
used in accordance with section 6(d) of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3375(d)).
  (i) Severability.--If any provision of this title is, for any 
reason, found to be invalid by a court of competent 
jurisdiction, the judgment of the court--
          (1) shall not affect, impair, or invalidate the 
        remaining provisions of this title; and
          (2) shall instead be confined in its operation to 
        provision of the Act directly involved in the 
        controversy in which the judgment is rendered.

SEC. 504. DESIGNATION AND APPOINTMENT OF MEMBERS OF THE UNITED STATES 
                    SECTION OF THE COMMISSION; COMPENSATION, TRAVEL 
                    EXPENSES, AND CLAIMS.

  (a) Designation and Appointment.--
          (1) In general.--The United States shall be 
        represented on the United States-Russia Polar Bear 
        Commission by 2 United States commissioners.
          (2) Appointment.--The United States commissioners 
        shall be appointed by the President, after taking into 
        consideration the recommendations of--
                  (A) the Secretary;
                  (B) the Secretary of State;
                  (C) the Speaker of the House of 
                Representatives and the President pro tempore 
                of the Senate; and
                  (D) the Alaska Nanuuq Commission.
          (3) Qualifications.--With respect to the United 
        States commissioners appointed under this subsection, 
        in accordance with paragraph 2 of article 8 of the 
        Agreement--
                  (A) 1 United States commissioner shall be an 
                official of the Federal Government;
                  (B) 1 United States commissioner shall be a 
                representative of the Native people of Alaska, 
                and, in particular, the Native people for whom 
                polar bears are an integral part of their 
                culture; and
                  (C) both commissioners shall be knowledgeable 
                of, or have expertise in, polar bears.
          (4) Service and term.--Each United States 
        commissioner shall serve--
                  (A) at the pleasure of the President; and
                  (B) for an initial 4-year term and such 
                additional terms as the President shall 
                determine.
          (5) Vacancies.--
                  (A) In general.--Any individual appointed to 
                fill a vacancy occurring before the expiration 
                of any term of office of a United States 
                commissioner shall be appointed for the 
                remainder of that term.
                  (B) Manner.--Any vacancy on the United 
                States-Russia Polar Bear Commission shall be 
                filled in the same manner as the original 
                appointment.
  (b) Alternate Commissioners.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of State, the Speaker of the House of 
        Representatives, the President pro tempore of the 
        Senate, and the Alaska Nanuuq Commission, shall 
        designate an alternate commissioner for each member of 
        the United States Section.
          (2) Duties.--In the absence of a commissioner, an 
        alternate commissioner may exercise all functions of 
        the commissioner at any meetings of the United States-
        Russia Polar Bear Commission or of the United States 
        Section.
          (3) Reappointment.--An alternate commissioner--
                  (A) shall be eligible for reappointment by 
                the President; and
                  (B) may attend all meetings of the United 
                States Section.
  (c) Duties.--The members of the United States Section may 
carry out the functions and responsibilities described in 
article 8 of the Agreement in accordance with this title and 
the Agreement.
  (d) Compensation and Expenses.--
          (1) Compensation.--A member of the United States 
        Section shall serve without compensation.
          (2) Travel expenses.--A member of the United States 
        Section shall be allowed travel expenses, including per 
        diem in lieu of subsistence, at rates authorized for an 
        employee of an agency under subchapter I of chapter 57 
        of title 5, United States Code, while away from the 
        home or regular place of business of the member in the 
        performance of the duties of the United States-Russia 
        Polar Bear Commission.
  (e) Agency Designation.--The United States Section shall, for 
the purpose of title 28, United States Code, relating to claims 
against the United States and tort claims procedure, be 
considered to be a Federal agency.

SEC. 505. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE 
                    THE COMMISSION.

   In accordance with paragraph 3 of article 8 of the 
Agreement, the United States Section shall vote on any issue 
before the United States-Russia Polar Bear Commission only if 
there is no disagreement between the 2 United States 
commissioners regarding the vote.

SEC. 506. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.

  (a) In General.--The Secretary shall take all necessary and 
appropriate actions to implement the decisions and 
determinations of the United States-Russia Polar Bear 
Commission under paragraph 7 of article 8 of the Agreement.
  (b) Taking Limitation.--Not later than 60 days after the date 
on which the Secretary receives notice of the determination of 
the United States-Russia Polar Bear Commission of an annual 
taking limit, or of the adoption by the United States-Russia 
Polar Bear Commission of other restriction on the taking of 
polar bears for subsistence purposes, the Secretary shall 
publish a notice in the Federal Register announcing the 
determination or restriction.

SEC. 507. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO DELEGATE 
                    ENFORCEMENT AUTHORITY.

  (a) In General.--The Secretary, acting through the United 
States Fish and Wildlife Service, may share authority under 
this title for the management of the taking of polar bears for 
subsistence purposes with the Alaska Nanuuq Commission.
  (b) Delegation.--To be eligible for the cooperative 
management authority described in subsection (a), the Alaska 
Nanuuq Commission--
          (1) shall have an active cooperative agreement with 
        the Secretary under section 119 of this title for the 
        conservation of polar bears;
          (2) shall meaningfully monitor compliance with this 
        title and the Agreement by Alaska Natives; and
          (3) shall administer its co-management program for 
        polar bears in accordance with--
                  (A) this title;
                  (B) the Agreement; and
                  (C) the Agreement on the Conservation of 
                Polar Bears, done at Oslo, November 15, 1973 
                (27 UST 3918; TIAS 8409).

SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.

  (a) In General.--The authority of the Secretary under this 
title is in addition to, and shall not affect the authority of 
the Secretary under, the other titles of this Act or the Lacey 
Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the 
exemption for Alaskan natives under section 101(b) of this Act.
  (b) Certain Provisions Inapplicable.--The provisions of 
titles I through IV of this Act do not apply with respect to 
the implementation, enforcement, or administration of this 
title.''.

SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to 
the Secretary to carry out the functions and responsibilities 
of the Secretary under this title and the Agreement $3,000,000 
for each of fiscal years 2006 through 2010.
  (b) Commission.--There are authorized to be appropriated to 
the Secretary to carry out functions and responsibilities of 
the United States Section $500,000 for each of fiscal years 
2006 through 2010.
  (c) Alaskan Cooperative Management Program.--There are 
authorized to be appropriated to the Secretary to carry out 
this title and the Agreement in Alaska $500,000 for each of 
fiscal years 2006 through 2010.

                                  
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