Union Calendar No. 115

106TH CONGRESS

1ST SESSION H. R. 1652

[Report No. 106–201]

A BILL

To establish the Yukon River Salmon Advisory

Panel.

JUNE 25, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,
IB

Union Calendar No. 115

106TH CONGRESS

1ST SESSION H. R. 1652

[Report No. 106–201]

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

JUNE 25, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 29, 1999]

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’’.
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1 SEC. 2. YUKON RIVER SALMON PANEL.

2 (a) ESTABLISHMENT.—

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

4 Salmon Panel (in this Act referred to as the

5 ‘‘Panel’’).

6 (2) FUNCTIONS.—The Panel shall—

7 (A) advise the Secretary of State regarding

8 the negotiation of any international agreement

9 with Canada relating to management of salmon

10 stocks originating from the Yukon River in Can11 ada;

12 (B) advise the Secretary of the Interior re13 garding restoration and enhancement of such

14 salmon stocks; and

15 (C) perform other functions relating to con16 servation and management of such salmon stocks

17 as authorized by this or any other Act.

18 (3) DESIGNATION AS UNITED STATES REP19 RESENTATIVES ON BILATERAL BODY.—The Secretary

20 of State may designate the members of the Panel to

21 be the United States representatives on any successor

22 to the panel established by the interim agreement for

23 the conservation of salmon stocks originating from the

24 Yukon River in Canada agreed to through an ex25 change of notes between the Government of the United

26 States and the Government of Canada on February 3,
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1 1995, if authorized by any agreement establishing

2 such successor.

3 (b) MEMBERSHIP.—

4 (1) IN GENERAL.—The Panel shall be comprised

5 of six members, as follows:

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

7 United States Government with expertise in

8 salmon conservation and management, who shall

9 be appointed by the Secretary of State.

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

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

14 (C) Four members who are knowledgeable

15 and experienced with regard to the salmon fish16 eries on the Yukon River, who shall be appointed

17 by the Secretary of State in accordance with

18 paragraph (2).

19 (2) APPOINTEES FROM ALASKA.—(A) The Sec20 retary of State shall appoint the members under

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

22 nominated for each position by the Governor of Alas23 ka.

24 (B) In making the nominations, the Governor of

25 Alaska may consider suggestions for nominations pro-
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1 vided by organizations with expertise in Yukon River

2 salmon fisheries.

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

5 the Secretary of State shall appoint, under paragraph

6 (1)(C)—

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

8 represent the interests of Lower Yukon River

9 fishing districts; and

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

11 represent the interests of Upper Yukon River

12 fishing districts.

13 (D) At least one of the members appointed under

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

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

16 may designate an alternate Panel member for each

17 Panel member the Secretary appoints under para18 graphs (1) (A) and (C), who meets the same qualifica19 tions, to serve in the absence of the Panel member.

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

21 designate an alternative Panel member for the Panel

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

23 meets the same qualifications, to serve in the absence

24 of that Panel member.
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1 (c) TERM LENGTH.—Panel members and alternate

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

3 appointed to fill a vacancy occurring before the expiration

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

5 term.

6 (d) REAPPOINTMENT.—Panel members and alternate

7 Panel members shall be eligible for reappointment.

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

9 by the consensus of the Panel members appointed under sub10 paragraphs (B) and (C) of subsection (b)(1).

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

12 Panel members may consult with such other interested par13 ties as they consider appropriate.

14 SEC. 3. ADVISORY COMMITTEE.

15 (a) APPOINTMENTS.—The Governor of Alaska may es16 tablish and appoint an advisory committee of not less than

17 8, but not more than 12, individuals who are knowledgeable

18 and experienced with regard to the salmon fisheries on the

19 Yukon River. At least 2 of the advisory committee members

20 shall be Alaska Natives. Members of the advisory committee

21 may attend all meetings of the Panel, and shall be given

22 the opportunity to examine and be heard on any matter

23 under consideration by the Panel.

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

25 committee shall receive no compensation for their services.
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1 (c) TERM LENGTH.—Members of such advisory com2 mittee shall serve two-year terms. Any individual ap3 pointed to fill a vacancy occurring before the expiration of

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

5 (d) REAPPOINTMENT.—Members of such advisory com6 mittee shall be eligible for reappointment.

7 SEC. 4. EXEMPTION.

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

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

10 established under section 3.

11 SEC. 5. AUTHORITY AND RESPONSIBILITY.

12 (a) RESPONSIBLE MANAGEMENT ENTITY.—The State

13 of Alaska Department of Fish and Game shall be the respon14 sible management entity for the United States for the pur15 poses of any agreement with Canada regarding manage16 ment of salmon stocks originating from the Yukon River

17 in Canada.

18 (b) EFFECT OF DESIGNATION.—The designation under

19 subsection (a) shall not be considered to expand, diminish,

20 or otherwise change the management authority of the State

21 of Alaska or the Federal Government with respect to fishery

22 resources.

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

24 recommendations made by the Panel to the responsible

25 management entities in accordance with any agreement
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1 with Canada regarding management of salmon stocks origi2 nating from the Yukon River in Canada, the Panel may

3 make recommendations concerning the conservation and

4 management of salmon originating in the Yukon River to

5 the Department of the Interior, the Department of Com6 merce, the Department of State, the North Pacific Fishery

7 Management Council, and other Federal or State entities

8 as appropriate. Recommendations by the Panel shall be ad9 visory in nature.

10 SEC. 6. ADMINISTRATIVE MATTERS.

11 (a) COMPENSATION.—Panel members and alternate

12 Panel members who are not State or Federal employees

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

14 the General Schedule when engaged in the actual perform15 ance of duties.

16 (b) TRAVEL AND OTHER NECESSARY EXPENSES.—

17 Travel and other necessary expenses shall be paid by the

18 Secretary of the Interior for all Panel members, alternate

19 Panel members, and members of any advisory committee

20 established under section 3 when engaged in the actual per21 formance of duties.

22 (c) TREATMENT AS FEDERAL EMPLOYEES.—Except

23 for officials of the United States Government, all Panel

24 members, alternate Panel members, and members of any ad25 visory committee established under section 3 shall not be
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1 considered to be Federal employees while engaged in the ac2 tual performance of duties, except for the purposes of injury

3 compensation or tort claims liability as provided in chapter

4 81 of title 5, United States Code, and chapter 71 of title

5 28, United States Code.

6 SEC. 7. YUKON RIVER SALMON STOCK RESTORATION AND

7 ENHANCEMENT PROJECTS.

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

9 consultation with the Secretary of Commerce, may carry

10 out projects to restore or enhance salmon stocks originating

11 from the Yukon River in Canada and the United States.

12 (b) COOPERATION WITH CANADA.—If there is in effect

13 an agreement between the Government of the United States

14 and the Government of Canada for the conservation of salm15 on stocks originating from the Yukon River in Canada that

16 includes provisions governing projects authorized under this

17 section, then—

18 (1) projects under this section shall be carried

19 out in accordance with that agreement; and

20 (2) amounts available for projects under this

21 section—

22 (A) shall be expended in accordance with

23 the agreement; and
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1 (B) may be deposited in any joint account

2 established by the agreement to fund such

3 projects.

4 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated to the Sec6 retary of the Interior to carry out this Act $4,000,000 for

7 each of fiscal years 2000, 2001, 2002, and 2003, of which—

8 (1) such sums as are necessary shall be available

9 each fiscal year for travel expenses of Panel members,

10 alternate Panel members, United States members of

11 the Joint Technical Committee established by para12 graph C.2 of the memorandum of understanding con13 cerning the Pacific Salmon Treaty between the Gov14 ernment of the United States and the Government of

15 Canada (recorded January 28, 1985), and members of

16 an advisory committee established and appointed

17 under section 3, in accordance with Federal Travel

18 Regulations and sections 5701, 5702, 5704 through

19 5708, and 5731 of title 5, United States Code;

20 (2) such sums as are necessary shall be available

21 for the United States share of expenses incurred by

22 the Joint Technical Committee and any panel estab23 lished by any agreement between the Government of

24 the United States and the Government of Canada for
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1 restoration and enhancement of salmon originating in

2 Canada;

3 (3) up to $3,000,000 shall be available each fis4 cal year for activities by the Department of the Inte5 rior and the Department of Commerce for survey, res6 toration, and enhancement activities related to salm7 on stocks originating from the Yukon River in Can8 ada, of which up to $1,200,000 shall be available each

9 fiscal year for Yukon River salmon stock restoration

10 and enhancement projects under section 7(b); and

11 (4) $600,000 shall be available each fiscal year

12 for cooperative salmon research and management

13 projects in the portion of the Yukon River drainage

14 located in the United States that are recommended by

15 the Panel.