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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1653 Enrolled Bill (ENR)]

        H.R.1653

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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 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 Activities.--
None of the funds authorized by this section may be available 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 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;
            (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:
            (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, 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 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.
        (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).
    (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 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 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 Magnuson-Stevens 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 
        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 by striking 
title VIII (106 Stat. 5098 et seq.).
    (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.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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