I

106TH CONGRESS

1ST SESSION H. R. 1652

To establish the Yukon River Salmon Advisory Panel.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. YOUNG of Alaska (for himself and Mr. SAXTON) introduced the following

bill; which was referred to the Committee on Resources

A BILL

To establish the Yukon River Salmon Advisory Panel.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Yukon River Salmon

5 Act of 1999’’.

6 SEC. 2. YUKON RIVER SALMON PANEL.

7 (a) ESTABLISHMENT.—

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

9 River Salmon Panel (in this Act referred to as the

10 ‘‘Panel’’).

11 (2) FUNCTIONS.—The Panel shall—
2

•HR 1652 IH

1 (A) advise the Secretary of State regarding

2 the negotiation of any international agreement

3 with Canada relating to management of salmon

4 stocks originating from the Yukon River in

5 Canada;

6 (B) advise the Secretary of the Interior re7 garding restoration and enhancement of such

8 salmon stocks; and

9 (C) perform other functions relating to

10 conservation and management of such salmon

11 stocks as authorized by this or any other Act.

12 (3) DESIGNATION AS UNITED STATES REP13 RESENTATIVES ON BILATERAL BODY.—The Sec14 retary of State may designate the members of the

15 Panel to be the United States representatives on any

16 successor to the panel established by the interim

17 agreement for the conservation of salmon stocks

18 originating from the Yukon River in Canada agreed

19 to through an exchange of notes between the Gov20 ernment of the United States and the Government

21 of Canada on February 3, 1995, if authorized by the

22 agreement establishing such successor.

23 (b) MEMBERSHIP.—

24 (1) IN GENERAL.—The Panel shall be com25 prised of six members, as follows:
3

•HR 1652 IH

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

2 United States Government with expertise in

3 salmon conservation and management, who

4 shall be appointed by the Secretary of State.

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

6 State of Alaska with expertise in salmon con7 servation and management, who shall be ap8 pointed by the Governor of Alaska.

9 (C) Four members who are knowledgeable

10 and experienced with regard to the salmon fish11 eries on the Yukon River, who shall be ap12 pointed by the Secretary of State in accordance

13 with paragraph (2).

14 (2) APPOINTEES FROM ALASKA.—(A) The Sec15 retary of State shall appoint the members under

16 paragraph (1)(C) from a list of at least 3 individuals

17 nominated for each position by the Governor of

18 Alaska.

19 (B) In making the nominations, the Governor

20 of Alaska may consider suggestions for nominations

21 provided by organizations with expertise in Yukon

22 River salmon fisheries.

23 (C) The Governor of Alaska may make appro24 priate nominations to allow for appointment of, and
4

•HR 1652 IH

1 the Secretary of State shall appoint, under para2 graph (1)(C)—

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

4 represent the interests of Lower Yukon River

5 fishing districts; and

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

7 represent the interests of Upper Yukon River

8 fishing districts.

9 (D) At least one of the members appointed

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

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

12 may designate an alternate Panel member for each

13 Panel member the Secretary appoints under para14 graphs (1) (A) and (C), who meets the same quali15 fications, to serve in the absence of the Panel mem16 ber.

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

18 designate an alternative Panel member for the Panel

19 member appointed under subsection (b)(1)(B), who

20 meets the same qualifications, to serve in the ab21 sence of that Panel member.

22 (c) TERM LENGTH.—Panel members and alternate

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

24 appointed to fill a vacancy occurring before the expiration
5

•HR 1652 IH

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

2 term.

3 (d) REAPPOINTMENT.—Panel members and alternate

4 Panel members shall be eligible for reappointment.

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

6 made by the consensus of the Panel members appointed

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

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

9 Panel members may consult with such other interested

10 parties as they consider appropriate.

11 SEC. 3. ADVISORY COMMITTEE.

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

13 establish and appoint an advisory committee of not less

14 than 8, but not more than 12, individuals who are knowl15 edgeable and experienced with regard to the salmon fish16 eries on the Yukon River. At least 2 of the advisory com17 mittee members shall be Alaska Natives. Members of the

18 advisory committee may attend all meetings of the Panel,

19 and shall be given the opportunity to examine and be

20 heard on any matter under consideration by the Panel.

21 (b) COMPENSATION.—The members of such advisory

22 committee shall receive no compensation for their services.

23 (c) TERM LENGTH.—Members of such advisory com24 mittee shall serve two-year terms. Any individual ap25 pointed to fill a vacancy occurring before the expiration
6

•HR 1652 IH

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

2 term.

3 (d) REAPPOINTMENT.—Members of such advisory

4 committee shall be eligible for reappointment.

5 SEC. 4. EXEMPTION.

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

7 shall not apply to the Panel or to an advisory committee

8 established under section 3.

9 SEC. 5. AUTHORITY AND RESPONSIBILITY.

10 (a) RESPONSIBLE MANAGEMENT ENTITY.—The

11 State of Alaska Department of Fish and Game shall be

12 the responsible management entity for the United States

13 for the purposes of any agreement with Canada regarding

14 management of salmon stocks originating from the Yukon

15 River in Canada.

16 (b) EFFECT OF DESIGNATION.—The designation

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

18 diminish, or otherwise change the management authority

19 of the State of Alaska or the Federal Government with

20 respect to fishery resources.

21 (c) RECOMMENDATIONS OF PANEL.—In addition to

22 recommendations made by the Panel to the responsible

23 management entities in accordance with any agreement

24 with Canada regarding management of salmon stocks

25 originating from the Yukon River in Canada, the Panel
7

•HR 1652 IH

1 may make recommendations concerning the conservation

2 and management of salmon originating in the Yukon River

3 to the Department of the Interior, the Department of

4 Commerce, the Department of State, the North Pacific

5 Fishery Management Council, and other Federal or State

6 entities as appropriate. Recommendations by the Panel

7 shall be advisory in nature.

8 SEC. 6. ADMINISTRATIVE MATTERS.

9 (a) COMPENSATION.—Panel members and alternate

10 Panel members who are not State or Federal employees

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

12 the General Schedule when engaged in the actual perform13 ance of duties.

14 (b) TRAVEL AND OTHER NECESSARY EXPENSES.—

15 Travel and other necessary expenses shall be paid by the

16 Secretary of the Interior for all Panel members, alternate

17 Panel members, and members of any advisory committee

18 established under section 3 when engaged in the actual

19 performance of duties.

20 (c) TREATMENT AS FEDERAL EMPLOYEES.—Except

21 for officials of the United States Government, all Panel

22 members, alternate Panel members, and members of any

23 advisory committee established under section 3 shall not

24 be considered to be Federal employees while engaged in

25 the actual performance of duties, except for the purposes
8

•HR 1652 IH

1 of injury compensation or tort claims liability as provided

2 in chapter 81 of title 5, United States Code, and chapter

3 71 of title 28, United States Code.

4 SEC. 7. YUKON RIVER SALMON STOCK RESTORATION AND

5 ENHANCEMENT PROJECTS.

6 (a) IN GENERAL.—The Secretary of the Interior may

7 carry out projects to restore or enhance salmon stocks

8 originating from the Yukon River in Canada.

9 (b) COOPERATION WITH CANADA.—If there is in ef10 fect an agreement between the Government of the United

11 States and the Government of Canada for the conservation

12 of salmon stocks originating from the Yukon River in Can13 ada that includes provisions governing projects authorized

14 under this section, then—

15 (1) projects under this section shall be carried

16 out in accordance with that agreement; and

17 (2) amounts available for projects under this

18 section—

19 (A) shall be expended in accordance with

20 the agreement; and

21 (B) may be deposited in any joint account

22 established by the agreement to fund such

23 projects.
9

•HR 1652 IH

1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Sec3 retary of the Interior to carry out this Act $4,000,000

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

5 which—

6 (1) such sums as are necessary shall be avail7 able each fiscal year for travel expenses of Panel

8 members, alternate Panel members, and members of

9 an advisory committee established appointed under

10 section 3, in accordance with Federal Travel Regula11 tions and sections 5701, 5702, 5704 through 5708,

12 and 5731 of title 5, United States Code;

13 (2) up to $3,000,000 shall be available each fis14 cal year for activities by the Department of the Inte15 rior and the Department of Commerce for survey,

16 restoration, and enhancement activities related to

17 salmon stocks originating from the Yukon River in

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

19 each fiscal year for Yukon River salmon stock res20 toration and enhancement projects under section

21 7(b); and

22 (3) $600,000 shall be available each fiscal year

23 for cooperative salmon research and management

24 projects in the portion of the Yukon River drainage
10

•HR 1652 IH

1 located in the United States that are recommended

2 by the Panel.

Æ