106TH CONGRESS

2D SESSION H. R. 1653

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—PRIBILOF ISLANDS

2 SEC. 101. SHORT TITLE.

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

4 Transition Act’’.

5 SEC. 102. PURPOSE.

6 The purpose of this title is to complete the orderly

7 withdrawal of the National Oceanic and Atmospheric Ad8 ministration from the civil administration of the Pribilof

9 Islands, Alaska.

10 SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS

11 UNDER FUR SEAL ACT OF 1966.

12 Public Law 89–702 (16 U.S.C. 1151 et seq.), popu13 larly known and referred to in this title as the Fur Seal

14 Act of 1966, is amended by amending section 206 (16

15 U.S.C. 1166) to read as follows:

16 ‘‘SEC. 206. FINANCIAL ASSISTANCE.

17 ‘‘(a) GRANT AUTHORITY.—

18 ‘‘(1) IN GENERAL.—Subject to the availability

19 of appropriations, the Secretary shall provide finan20 cial assistance to any city government, village cor21 poration, or tribal council of St. George, Alaska, or

22 St. Paul, Alaska.

23 ‘‘(2) USE FOR MATCHING.—Notwithstanding

24 any other provision of law relating to matching

25 funds, funds provided by the Secretary as assistance
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1 under this subsection may be used by the entity as

2 non-Federal matching funds under any Federal pro3 gram that requires such matching funds.

4 ‘‘(3) RESTRICTION ON USE.—The Secretary

5 may not use financial assistance authorized by this

6 Act—

7 ‘‘(A) to settle any debt owed to the United

8 States;

9 ‘‘(B) for administrative or overhead ex10 penses; or

11 ‘‘(C) for contributions sought or required

12 from any person for costs or fees to clean up

13 any matter that was caused or contributed to

14 by such person on or after March 15, 2000.

15 ‘‘(4) FUNDING INSTRUMENTS AND PROCE16 DURES.—In providing assistance under this sub17 section the Secretary shall transfer any funds appro18 priated to carry out this section to the Secretary of

19 the Interior, who shall obligate such funds through

20 instruments and procedures that are equivalent to

21 the instruments and procedures required to be used

22 by the Bureau of Indian Affairs pursuant to title IV

23 of the Indian Self-Determination and Education As24 sistance Act (25 U.S.C. 450 et seq.).
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1 ‘‘(5) PRO RATA DISTRIBUTION OF ASSIST2 ANCE.—In any fiscal year for which less than all of

3 the funds authorized under subsection (c)(1) are ap4 propriated, such funds shall be distributed under

5 this subsection on a pro rata basis among the enti6 ties referred to in subsection (c)(1) in the same pro7 portions in which amounts are authorized by that

8 subsection for grants to those entities.

9 ‘‘(b) SOLID WASTE ASSISTANCE.—

10 ‘‘(1) IN GENERAL.—Subject to the availability

11 of appropriations, the Secretary shall provide assist12 ance to the State of Alaska for designing, locating,

13 constructing, redeveloping, permitting, or certifying

14 solid waste management facilities on the Pribilof Is15 lands to be operated under permits issued to the

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

17 by the State of Alaska under section 46.03.100 of

18 the Alaska Statutes.

19 ‘‘(2) TRANSFER.—The Secretary shall transfer

20 any appropriations received under paragraph (1) to

21 the State of Alaska for the benefit of rural and Na22 tive villages in Alaska for obligation under section

23 303 of Public Law 104–182, except that subsection

24 (b) of that section shall not apply to those funds.
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1 ‘‘(3) LIMITATION.—In order to be eligible to re2 ceive financial assistance under this subsection, not

3 later than 180 days after the date of enactment of

4 this paragraph, each of the Cities of St. Paul and

5 St. George shall enter into a written agreement with

6 the State of Alaska under which such City shall

7 identify by its legal boundaries the tract or tracts of

8 land that such City has selected as the site for its

9 solid waste management facility and any supporting

10 infrastructure.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Secretary for fis13 cal years 2001, 2002, 2003, 2004, and 2005—

14 ‘‘(1) for assistance under subsection (a) a total

15 not to exceed—

16 ‘‘(A) $9,000,000, for grants to the City of

17 St. Paul;

18 ‘‘(B) $6,300,000, for grants to the

19 Tanadgusix Corporation;

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

21 Paul Tribal Council;

22 ‘‘(D) $6,000,000, for grants to the City of

23 St. George;

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

25 George Tanaq Corporation; and
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1 ‘‘(F) $1,000,000, for grants to the St.

2 George Tribal Council; and

3 ‘‘(2) for assistance under subsection (b), for fis4 cal years 2001, 2002, 2003, 2004, and 2005 a total

5 not to exceed—

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

7 and

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

9 George.

10 ‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOB11 BYING ACTIVITIES.—None of the funds authorized by this

12 section may be available for any activity a purpose of

13 which is to influence legislation pending before the Con14 gress, except that this subsection shall not prevent officers

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

16 agencies, or commissions from communicating to Members

17 of Congress, through proper channels, requests for legisla18 tion or appropriations that they consider necessary for the

19 efficient conduct of public business.

20 ‘‘(e) IMMUNITY FROM LIABILITY.—Neither the

21 United States nor any of its agencies, officers, or employ22 ees shall have any liability under this Act or any other

23 law associated with or resulting from the designing, locat24 ing, contracting for, redeveloping, permitting, certifying,
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1 operating, or maintaining any solid waste management fa2 cility on the Pribilof Islands as a consequence of—

3 ‘‘(1) having provided assistance to the State of

4 Alaska under subsection (b); or

5 ‘‘(2) providing funds for, or planning, con6 structing, or operating, any interim solid waste man7 agement facilities that may be required by the State

8 of Alaska before permanent solid waste management

9 facilities constructed with assistance provided under

10 subsection (b) are complete and operational.

11 ‘‘(f) REPORT ON EXPENDITURES.—Each entity

12 which receives assistance authorized under subsection (c)

13 shall submit an audited statement listing the expenditure

14 of that assistance to the Committee on Appropriations and

15 the Committee on Resources of the House of Representa16 tives and the Committee on Appropriations and the Com17 mittee on Commerce, Science, and Transportation of the

18 Senate, on the last day of fiscal years 2002, 2004, and

19 2006.

20 ‘‘(g) CONGRESSIONAL INTENT.—Amounts authorized

21 under subsection (c) are intended by Congress to be pro22 vided in addition to the base funding appropriated to the

23 National Oceanic and Atmospheric Administration in fis24 cal year 2000.’’.
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1 SEC. 104. DISPOSAL OF PROPERTY.

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

3 1165) is amended—

4 (1) by amending subsection (c) to read as fol5 lows:

6 ‘‘(c) Not later than 3 months after the date of the

7 enactment of the Pribilof Islands Transition Act, the Sec8 retary shall submit to the Committee on Commerce,

9 Science, and Transportation of the Senate and the Com10 mittee on Resources of the House of Representatives a re11 port that includes—

12 ‘‘(1) a description of all property specified in

13 the document referred to in subsection (a) that has

14 been conveyed under that subsection;

15 ‘‘(2) a description of all Federal property speci16 fied in the document referred to in subsection (a)

17 that is going to be conveyed under that subsection;

18 and

19 ‘‘(3) an identification of all Federal property on

20 the Pribilof Islands that will be retained by the Fed21 eral Government to meet its responsibilities under

22 this Act, the Convention, and any other applicable

23 law.’’; and

24 (2) by striking subsection (g).

25 SEC. 105. TERMINATION OF RESPONSIBILITIES.

26 (a) FUTURE OBLIGATION.—
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1 (1) IN GENERAL.—The Secretary of Commerce

2 shall not be considered to have any obligation to pro3 mote or otherwise provide for the development of

4 any form of an economy not dependent on sealing on

5 the Pribilof Islands, Alaska, including any obligation

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

7 U.S.C. 1166) or section 3(c)(1)(A) of Public Law

8 104–91 (16 U.S.C. 1165 note).

9 (2) SAVINGS.—This subsection shall not affect

10 any cause of action under section 206 of the Fur

11 Seal Act of 1966 (16 U.S.C. 1166) or section

12 3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165

13 note)—

14 (A) that arose before the date of the enact15 ment of this title; and

16 (B) for which a judicial action is filed be17 fore the expiration of the 5-year period begin18 ning on the date of the enactment of this title.

19 (3) RULE OF CONSTRUCTION.—Nothing in this

20 title shall be construed to imply that—

21 (A) any obligation to promote or otherwise

22 provide for the development in the Pribilof Is23 lands of any form of an economy not dependent

24 on sealing was or was not established by section

25 206 of the Fur Seal Act of 1966 (16 U.S.C.
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1 1166), section 3(c)(1)(A) of Public Law 104–91

2 (16 U.S.C. 1165 note), or any other provision

3 of law; or

4 (B) any cause of action could or could not

5 arise with respect to such an obligation.

6 (4) CONFORMING AMENDMENT.—Section

7 3(c)(1) of Public Law 104–91 (16 U.S.C. 1165

8 note) is amended by striking subparagraph (A) and

9 redesignating subparagraphs (B) through (D) in

10 order as subparagraphs (A) through (C).

11 (b) PROPERTY CONVEYANCE AND CLEANUP.—

12 (1) IN GENERAL.—Subject to paragraph (2),

13 there are terminated all obligations of the Secretary

14 of Commerce and the United States to—

15 (A) convey property under section 205 of

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

17 and

18 (B) carry out cleanup activities, including

19 assessment, response, remediation, and moni20 toring, except for postremedial measures such

21 as monitoring and operation and maintenance

22 activities, related to National Oceanic and At23 mospheric Administration administration of the

24 Pribilof Islands, Alaska, under section 3 of

25 Public Law 104–91 (16 U.S.C. 1165 note) and
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1 the Pribilof Islands Environmental Restoration

2 Agreement between the National Oceanic and

3 Atmospheric Administration and the State of

4 Alaska, signed January 26, 1996.

5 (2) APPLICATION.—Paragraph (1) shall apply

6 on and after the date on which the Secretary of

7 Commerce certifies that—

8 (A) the State of Alaska has provided writ9 ten confirmation that no further corrective ac10 tion is required at the sites and operable units

11 covered by the Pribilof Islands Environmental

12 Restoration Agreement between the National

13 Oceanic and Atmospheric Administration and

14 the State of Alaska, signed January 26, 1996,

15 with the exception of postremedial measures,

16 such as monitoring and operation and mainte17 nance activities;

18 (B) the cleanup required under section

19 3(a) of Public Law 104–91 (16 U.S.C. 1165

20 note) is complete;

21 (C) the properties specified in the docu22 ment referred to in subsection (a) of section

23 205 of the Fur Seal Act of 1966 (16 U.S.C.

24 1165(a)) can be unconditionally offered for con25 veyance under that section; and
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1 (D) all amounts appropriated under sec2 tion 206(c)(1) of the Fur Seal Act of 1966, as

3 amended by this title, have been obligated.

4 (3) FINANCIAL CONTRIBUTIONS FOR CLEANUP

5 COSTS.—(A) On and after the date on which section

6 3(b)(5) of Public Law 104–91 (16 U.S.C. 1165

7 note) is repealed pursuant to subsection (c), the Sec8 retary of Commerce may not seek or require finan9 cial contribution by or from any local governmental

10 entity of the Pribilof Islands, any official of such an

11 entity, or the owner of land on the Pribilof Islands,

12 for cleanup costs incurred pursuant to section 3(a)

13 of Public Law 104–91 (as in effect before such re14 peal), except as provided in subparagraph (B).

15 (B) Subparagraph (A) shall not limit the au16 thority of the Secretary of Commerce to seek or re17 quire financial contribution from any person for

18 costs or fees to clean up any matter that was caused

19 or contributed to by such person on or after March

20 15, 2000.

21 (4) CERTAIN RESERVED RIGHTS NOT CONDI22 TIONS.—For purposes of paragraph (2)(C), the fol23 lowing requirements shall not be considered to be

24 conditions on conveyance of property:
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1 (A) Any requirement that a potential

2 transferee must allow the National Oceanic and

3 Atmospheric Administration continued access to

4 the property to conduct environmental moni5 toring following remediation activities.

6 (B) Any requirement that a potential

7 transferee must allow the National Oceanic and

8 Atmospheric Administration access to the prop9 erty to continue the operation, and eventual clo10 sure, of treatment facilities.

11 (C) Any requirement that a potential

12 transferee must comply with institutional con13 trols to ensure that an environmental cleanup

14 remains protective of human health or the envi15 ronment that do not unreasonably affect the

16 use of the property.

17 (D) Valid existing rights in the property,

18 including rights granted by contract, permit,

19 right-of-way, or easement.

20 (E) The terms of the documents described

21 in subsection (d)(2).

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

23 Secretary of Commerce makes the certification described

24 in subsection (b)(2), the following provisions are repealed:
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1 (1) Section 205 of the Fur Seal Act of 1966

2 (16 U.S.C. 1165).

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

4 1165 note).

5 (d) SAVINGS.—

6 (1) IN GENERAL.—Nothing in this title shall af7 fect any obligation of the Secretary of Commerce, or

8 of any Federal department or agency, under or with

9 respect to any document described in paragraph (2)

10 or with respect to any lands subject to such a docu11 ment.

12 (2) DOCUMENTS DESCRIBED.—The documents

13 referred to in paragraph (1) are the following:

14 (A) The Transfer of Property on the

15 Pribilof Islands: Description, Terms, and Con16 ditions, dated February 10, 1984, between the

17 Secretary of Commerce and various Pribilof Is18 land entities.

19 (B) The Settlement Agreement between

20 Tanadgusix Corporation and the City of St.

21 Paul, dated January 11, 1988, and approved by

22 the Secretary of Commerce on February 23,

23 1988.

24 (C) The Memorandum of Understanding

25 between Tanadgusix Corporation, Tanaq Cor-
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1 poration, and the Secretary of Commerce, dated

2 December 22, 1976.

3 (e) DEFINITIONS.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the definitions set forth in section 101 of

6 the Fur Seal Act of 1966 (16 U.S.C. 1151) shall

7 apply to this section.

8 (2) NATIVES OF THE PRIBILOF ISLANDS.—For

9 purposes of this section, the term ‘‘Natives of the

10 Pribilof Islands’’ includes the Tanadgusix Corpora11 tion, the St. George Tanaq Corporation, and the city

12 governments and tribal councils of St. Paul and St.

13 George, Alaska.

14 SEC. 106. TECHNICAL AND CLARIFYING AMENDMENTS.

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

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

17 seq.) are amended by—

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

19 the heading for subsection (d) of section 3 of Public

20 Law 104–91 and inserting ‘‘SEC. 212.’’; and

21 (2) moving and redesignating such subsection

22 so as to appear as section 212 of the Fur Seal Act

23 of 1966.
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1 (b) Section 201 of the Fur Seal Act of 1966 (16

2 U.S.C. 1161) is amended by striking ‘‘on such Islands’’

3 and insert ‘‘on such property’’.

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

5 seq.) is amended by inserting before title I the following:

6 ‘‘SECTION 1. SHORT TITLE.

7 ‘‘This Act may be cited as the ‘Fur Seal Act of

8 1966’.’’.

9 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

10 Section 3 of Public Law 104–91 (16 U.S.C. 1165

11 note) is amended—

12 (1) by striking subsection (f) and inserting the

13 following:

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

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

16 appropriated $10,000,000 for each of fiscal years

17 2001, 2002, 2003, 2004, and 2005 for the purposes

18 of carrying out this section.

19 ‘‘(2) LIMITATION.—None of the funds author20 ized by this subsection may be expended for the pur21 pose of cleaning up or remediating any landfills,

22 wastes, dumps, debris, storage tanks, property, haz23 ardous or unsafe conditions, or contaminants, in24 cluding petroleum products and their derivatives, left
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1 by the Department of Defense or any of its compo2 nents on lands on the Pribilof Islands, Alaska.’’; and

3 (2) by adding at the end the following:

4 ‘‘(g) LOW-INTEREST LOAN PROGRAM.—

5 ‘‘(1) CAPITALIZATION OF REVOLVING FUND.—

6 Of amounts authorized under subsection (f) for each

7 of fiscal years 2001, 2002, 2003, 2004, and 2005,

8 the Secretary may provide to the State of Alaska up

9 to $2,000,000 per fiscal year to capitalize a revolv10 ing fund to be used by the State for loans under this

11 subsection.

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

13 shall require that any revolving fund established

14 with amounts provided under this subsection shall be

15 used only to provide low-interest loans to Natives of

16 the Pribilof Islands to assess, respond to, remediate,

17 and monitor contamination from lead paint, asbes18 tos, and petroleum from underground storage tanks.

19 ‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE20 FINED.—The definitions set forth in section 101 of

21 the Fur Seal Act of 1966 (16 U.S.C. 1151) shall

22 apply to this section, except that the term ‘Natives

23 of the Pribilof Islands’ includes the Tanadgusix and

24 Tanaq Corporations.
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1 ‘‘(4) REVERSION OF FUNDS.—Before the Sec2 retary may provide any funds to the State of Alaska

3 under this section, the State of Alaska and the Sec4 retary must agree in writing that, on the last day of

5 fiscal year 2011, and of each fiscal year thereafter

6 until the full amount provided to the State of Alaska

7 by the Secretary under this section has been repaid

8 to the United States, the State of Alaska shall

9 transfer to the Treasury of the United States monies

10 remaining in the revolving fund, including principal

11 and interest paid into the revolving fund as repay12 ment of loans.’’.

13 TITLE II—CORAL REEF

14 CONSERVATION

15 SEC. 201. SHORT TITLE.

16 This title may be cited as the ‘‘Coral Reef Conserva17 tion Act of 2000’’.

18 SEC. 202. PURPOSES.

19 The purposes of this title are—

20 (1) to preserve, sustain, and restore the condi21 tion of coral reef ecosystems;

22 (2) to promote the wise management and sus23 tainable use of coral reef ecosystems to benefit local

24 communities and the Nation;
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1 (3) to develop sound scientific information on

2 the condition of coral reef ecosystems and the

3 threats to such ecosystems;

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

5 by supporting conservation programs, including

6 projects that involve affected local communities and

7 nongovernmental organizations;

8 (5) to provide financial resources for those pro9 grams and projects; and

10 (6) to establish a formal mechanism for col11 lecting and allocating monetary donations from the

12 private sector to be used for coral reef conservation

13 projects.

14 SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.

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

16 date of enactment of this Act, the Administrator shall sub17 mit to the Committee on Commerce, Science, and Trans18 portation of the Senate and to the Committee on Re19 sources of the House of Representatives and publish in

20 the Federal Register a national coral reef action strategy,

21 consistent with the purposes of this title. The Adminis22 trator shall periodically review and revise the strategy as

23 necessary. In developing this national strategy, the Sec24 retary may consult with the Coral Reef Task Force estab25 lished under Executive Order 13089 (June 11, 1998).
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1 (b) GOALS AND OBJECTIVES.—The action strategy

2 shall include a statement of goals and objectives as well

3 as an implementation plan, including a description of the

4 funds obligated each fiscal year to advance coral reef con5 servation. The action strategy and implementation plan

6 shall include discussion of—

7 (1) coastal uses and management;

8 (2) water and air quality;

9 (3) mapping and information management;

10 (4) research, monitoring, and assessment;

11 (5) international and regional issues;

12 (6) outreach and education;

13 (7) local strategies developed by the States or

14 Federal agencies, including regional fishery manage15 ment councils; and

16 (8) conservation, including how the use of ma17 rine protected areas to serve as replenishment zones

18 will be developed consistent with local practices and

19 traditions.

20 SEC. 204. CORAL REEF CONSERVATION PROGRAM.

21 (a) GRANTS.—The Secretary, through the Adminis22 trator and subject to the availability of funds, shall provide

23 grants of financial assistance for projects for the conserva24 tion of coral reefs (hereafter in this title referred to as
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1 ‘‘coral conservation projects’’), for proposals approved by

2 the Administrator in accordance with this section.

3 (b) MATCHING REQUIREMENTS.—

4 (1) 50 PERCENT.—Except as provided in para5 graph (2), Federal funds for any coral conservation

6 project under this section may not exceed 50 percent

7 of the total cost of such project. For purposes of this

8 paragraph, the non-Federal share of project costs

9 may be provided by in-kind contributions and other

10 noncash support.

11 (2) WAIVER.—The Administrator may waive all

12 or part of the matching requirement under para13 graph (1) if the Administrator determines that no

14 reasonable means are available through which appli15 cant can meet the matching requirement and the

16 probable benefit of such project outweighs the public

17 interest in such matching requirement.

18 (c) ELIGIBILITY.—Any natural resource management

19 authority of a State or other government authority with

20 jurisdiction over coral reefs or whose activities directly or

21 indirectly affect coral reefs, or coral reef ecosystems, or

22 educational or nongovernmental institutions with dem23 onstrated expertise in the conservation of coral reefs, may

24 submit to the Administrator a coral conservation proposal

25 under subsection (e).
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1 (d) GEOGRAPHIC AND BIOLOGICAL DIVERSITY.—The

2 Administrator shall ensure that funding for grants award3 ed under subsection (b) during a fiscal year are distributed

4 in the following manner:

5 (1) No less than 40 percent of funds available

6 shall be awarded for coral conservation projects in

7 the Pacific Ocean within the maritime areas and

8 zones subject to the jurisdiction or control of the

9 United States.

10 (2) No less than 40 percent of the funds avail11 able shall be awarded for coral conservation projects

12 in the Atlantic Ocean, the Gulf of Mexico, and the

13 Caribbean Sea within the maritime areas and zones

14 subject to the jurisdiction or control of the United

15 States.

16 (3) Remaining funds shall be awarded for

17 projects that address emerging priorities or threats,

18 including international priorities or threats, identi19 fied by the Administrator. When identifying emerg20 ing threats or priorities, the Administrator may con21 sult with the Coral Reef Task Force.

22 (e) PROJECT PROPOSALS.—Each proposal for a

23 grant under this section shall include the following:

24 (1) The name of the individual or entity respon25 sible for conducting the project.
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1 (2) A description of the qualifications of the in2 dividuals who will conduct the project.

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

4 project.

5 (4) An estimate of the funds and time required

6 to complete the project.

7 (5) Evidence of support for the project by ap8 propriate representatives of States or other govern9 ment jurisdictions in which the project will be con10 ducted.

11 (6) Information regarding the source and

12 amount of matching funding available to the appli13 cant.

14 (7) A description of how the project meets one

15 or more of the criteria in subsection (g).

16 (8) Any other information the Administrator

17 considers to be necessary for evaluating the eligi18 bility of the project for funding under this title.

19 (f) PROJECT REVIEW AND APPROVAL.—

20 (1) IN GENERAL.—The Administrator shall re21 view each coral conservation project proposal to de22 termine if it meets the criteria set forth in sub23 section (g).
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1 (2) REVIEW; APPROVAL OR DISAPPROVAL.—Not

2 later than 6 months after receiving a project pro3 posal under this section, the Administrator shall—

4 (A) request and consider written comments

5 on the proposal from each Federal agency,

6 State government, or other government jurisdic7 tion, including the relevant regional fishery

8 management councils established under the

9 Magnuson-Stevens Fishery Conservation and

10 Management Act (16 U.S.C. 1801 et seq.), or

11 any National Marine Sanctuary, with jurisdic12 tion or management authority over coral reef

13 ecosystems in the area where the project is to

14 be conducted, including the extent to which the

15 project is consistent with locally-established pri16 orities;

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

18 of the proposal and require standardized docu19 mentation of that peer review;

20 (C) after considering any written com21 ments and recommendations based on the re22 views under subparagraphs (A) and (B), ap23 prove or disapprove the proposal; and

24 (D) provide written notification of that ap25 proval or disapproval to the person who sub-
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1 mitted the proposal, and each of those States

2 and other government jurisdictions that pro3 vided comments under subparagraph (A).

4 (g) CRITERIA FOR APPROVAL.—The Administrator

5 may not approve a project proposal under this section un6 less the project is consistent with the coral reef action

7 strategy under section 203 and will enhance the conserva8 tion of coral reefs by—

9 (1) implementing coral conservation programs

10 which promote sustainable development and ensure

11 effective, long-term conservation of coral reefs;

12 (2) addressing the conflicts arising from the use

13 of environments near coral reefs or from the use of

14 corals, species associated with coral reefs, and coral

15 products;

16 (3) enhancing compliance with laws that pro17 hibit or regulate the taking of coral products or spe18 cies associated with coral reefs or regulate the use

19 and management of coral reef ecosystems;

20 (4) developing sound scientific information on

21 the condition of coral reef ecosystems or the threats

22 to such ecosystems, including factors that cause

23 coral disease;

24 (5) promoting and assisting to implement coop25 erative coral reef conservation projects that involve
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1 affected local communities, nongovernmental organi2 zations, or others in the private sector;

3 (6) increasing public knowledge and awareness

4 of coral reef ecosystems and issues regarding their

5 long term conservation;

6 (7) mapping the location and distribution of

7 coral reefs;

8 (8) developing and implementing techniques to

9 monitor and assess the status and condition of coral

10 reefs;

11 (9) developing and implementing cost-effective

12 methods to restore degraded coral reef ecosystems;

13 or

14 (10) promoting ecologically sound navigation

15 and anchorages near coral reefs.

16 (h) PROJECT REPORTING.—Each grantee under this

17 section shall provide periodic reports as required by the

18 Administrator. Each report shall include all information

19 required by the Administrator for evaluating the progress

20 and success of the project.

21 (i) CORAL REEF TASK FORCE.—The Administrator

22 may consult with the Coral Reef Task Force to obtain

23 guidance in establishing coral conservation project prior24 ities under this section.
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1 (j) IMPLEMENTATION GUIDELINES.—Within 180

2 days after the date of enactment of this Act, the Adminis3 trator shall promulgate necessary guidelines for imple4 menting this section. In developing those guidelines, the

5 Administrator shall consult with State, regional, and local

6 entities involved in setting priorities for conservation of

7 coral reefs and provide for appropriate public notice and

8 opportunity for comment.

9 SEC. 205. CORAL REEF CONSERVATION FUND.

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

11 agreement with a nonprofit organization that promotes

12 coral reef conservation authorizing such organization to

13 receive, hold, and administer funds received pursuant to

14 this section. The organization shall invest, reinvest, and

15 otherwise administer the funds and maintain such funds

16 and any interest or revenues earned in a separate interest

17 bearing account, hereafter referred to as the Fund, estab18 lished by such organization solely to support partnerships

19 between the public and private sectors that further the

20 purposes of this Act and are consistent with the national

21 coral reef action strategy under section 203.

22 (b) AUTHORIZATION TO SOLICIT DONATIONS.—Pur23 suant to an agreement entered into under subsection (a)

24 of this section, an organization may accept, receive, solicit,

25 hold, administer, and use any gift to further the purposes
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1 of this title. Any moneys received as a gift shall be depos2 ited and maintained in the Fund established by the orga3 nization under subsection (a).

4 (c) REVIEW OF PERFORMANCE.—The Administrator

5 shall conduct a continuing review of the grant program

6 administered by an organization under this section. Each

7 review shall include a written assessment concerning the

8 extent to which that organization has implemented the

9 goals and requirements of this section and the national

10 coral reef action strategy under section 203.

11 (d) ADMINISTRATION.—Under an agreement entered

12 into pursuant to subsection (a), the Administrator may

13 transfer funds appropriated to carry out this title to an

14 organization. Amounts received by an organization under

15 this subsection may be used for matching, in whole or in

16 part, contributions (whether in money, services, or prop17 erty) made to the organization by private persons and

18 State and local government agencies.

19 SEC. 206. EMERGENCY ASSISTANCE.

20 The Administrator may make grants to any State,

21 local, or territorial government agency with jurisdiction

22 over coral reefs for emergencies to address unforeseen or

23 disaster-related circumstance pertaining to coral reefs or

24 coral reef ecosystems.
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1 SEC. 207. NATIONAL PROGRAM.

2 (a) IN GENERAL.—Subject to the availability of ap3 propriations, the Secretary may conduct activities to con4 serve coral reefs and coral reef ecosystems, that are con5 sistent with this title, the National Marine Sanctuaries

6 Act, the Coastal Zone Management Act of 1972, the Mag7 nuson-Stevens Fishery Conservation and Management

8 Act, the Endangered Species Act of 1973, and the Marine

9 Mammal Protection Act of 1972.

10 (b) AUTHORIZED ACTIVITIES.—Activities authorized

11 under subsection (a) include—

12 (1) mapping, monitoring, assessment, restora13 tion, and scientific research that benefit the under14 standing, sustainable use, and long-term conserva15 tion of coral reefs and coral reef ecosystems;

16 (2) enhancing public awareness, education, un17 derstanding, and appreciation of coral reefs and

18 coral reef ecosystems;

19 (3) providing assistance to States in removing

20 abandoned fishing gear, marine debris, and aban21 doned vessels from coral reefs to conserve living ma22 rine resources; and

23 (4) cooperative conservation and management

24 of coral reefs and coral reef ecosystems with local,

25 regional, or international programs and partners.
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1 SEC. 208. EFFECTIVENESS REPORTS.

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

3 the date of enactment of this Act, the Administrator shall

4 submit to the Committee on Commerce, Science, and

5 Transportation of the Senate and the Committee on Re6 sources of the House of Representatives a report that doc7 uments the effectiveness of the grant program under sec8 tion 204 in meeting the purposes of this title. The report

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

10 non-Federal contributions toward the costs of each

11 project.

12 (b) NATIONAL PROGRAM.—Not later than 2 years

13 after the date on which the Administrator publishes the

14 national coral reef strategy under section 203 and every

15 2 years thereafter, the Administrator shall submit to the

16 Committee on Commerce, Science, and Transportation of

17 the Senate and the Committee on Resources of the House

18 of Representatives a report describing all activities under19 taken to implement that strategy, under section 203, in20 cluding a description of the funds obligated each fiscal

21 year to advance coral reef conservation.

22 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There are authorized to be appro24 priated to the Secretary to carry out this title $16,000,000

25 for each of fiscal years 2001, 2002, 2003, and 2004, which

26 may remain available until expended.
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1 (b) ADMINISTRATION.—Of the amounts appropriated

2 under subsection (a), not more than the lesser of

3 $1,000,000 or 10 percent of the amounts appropriated,

4 may be used for program administration or for overhead

5 costs incurred by the National Oceanic and Atmospheric

6 Administration or the Department of Commerce and as7 sessed as an administrative charge.

8 (c) CORAL REEF CONSERVATION PROGRAM.—From

9 the amounts appropriated under subsection (a), there shall

10 be made available to the Secretary $8,000,000 for each

11 of fiscal years 2001, 2002, 2003, and 2004 for coral reef

12 conservation activities under section 204.

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

14 amounts appropriated under subsection (a), there shall be

15 made available to the Secretary $8,000,000 for each of

16 fiscal years 2001, 2002, 2003, and 2004 for activities

17 under section 207.

18 SEC. 210. DEFINITIONS.

19 In this title:

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the National

22 Oceanic and Atmospheric Administration.

23 (2) CONSERVATION.—The term ‘‘conservation’’

24 means the use of methods and procedures necessary

25 to preserve or sustain corals and associated species
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1 as diverse, viable, and self-perpetuating coral reef

2 ecosystems, including all activities associated with

3 resource management, such as assessment, conserva4 tion, protection, restoration, sustainable use, and

5 management of habitat; mapping; habitat moni6 toring; assistance in the development of management

7 strategies for marine protected areas and marine re8 sources consistent with the National Marine Sanc9 tuaries Act (16 U.S.C. 1431 et seq.) and the Mag10 nuson-Stevens Fishery Conservation and Manage11 ment Act (16 U.S.C. 1801 et seq.); law enforcement;

12 conflict resolution initiatives; community outreach

13 and education; and that promote safe and eco14 logically sound navigation.

15 (3) CORAL.—The term ‘‘coral’’ means species

16 of the phylum Cnidaria, including—

17 (A) all species of the orders Antipatharia

18 (black corals), Scleractinia (stony corals),

19 Gorgonacea (horny corals), Stolonifera

20 (organpipe corals and others), Alcyanacea (soft

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

22 class Anthozoa; and

23 (B) all species of the order Hydrocorallina

24 (fire corals and hydrocorals) of the class

25 Hydrozoa.
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1 (4) CORAL REEF.—The term ‘‘coral reef’’

2 means any reefs or shoals composed primarily of

3 corals.

4 (5) CORAL REEF ECOSYSTEM.—The term

5 ‘‘coral reef ecosystem’’ means coral and other spe6 cies of reef organisms (including reef plants) associ7 ated with coral reefs, and the nonliving environ8 mental factors that directly affect coral reefs, that

9 together function as an ecological unit in nature.

10 (6) CORAL PRODUCTS.—The term ‘‘coral prod11 ucts’’ means any living or dead specimens, parts, or

12 derivatives, or any product containing specimens,

13 parts, or derivatives, of any species referred to in

14 paragraph (3).

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

16 the Secretary of Commerce.

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

18 State of the United States that contains a coral reef

19 ecosystem within its seaward boundaries, American

20 Samoa, Guam, the Northern Mariana Islands, Puer21 to Rico, and the Virgin Islands, and any other terri22 tory or possession of the United States, or separate

23 sovereign in free association with the United States,

24 that contains a coral reef ecosystem within its sea25 ward boundaries.
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1 TITLE III—MISCELLANEOUS

2 SEC. 301. GREAT LAKES FISHERY ACT OF 1956.

3 Section 3(a) of the Great Lakes Fishery Act of 1956

4 (16 U.S.C. 932(a)) is amended by adding at the end the

5 following:

6 ‘‘(3) Individuals serving as such Commissioners shall

7 not be considered to be Federal employees while per8 forming such service, except for purposes of injury com9 pensation or tort claims liability as provided in chapter

10 81 of title 5, United States Code, and chapter 171 of title

11 28, United States Code.’’.

12 SEC. 302. TUNA CONVENTIONS ACT OF 1950.

13 Section 3 of the Tuna Conventions Act of 1950 (16

14 U.S.C. 952) is amended by inserting before ‘‘Of such

15 Commissioners—’’ the following: ‘‘Individuals serving as

16 such Commissioners shall not be considered to be Federal

17 employees while performing such service, except for pur18 poses of injury compensation or tort claims liability as pro19 vided in chapter 81 of title 5, United States Code, and

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

21 SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF 1975.

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

23 of 1975 (16 U.S.C. 971a(a)(1)) is amended by inserting

24 before ‘‘The Commissioners’’ the following: ‘‘Individuals

25 serving as such Commissioners shall not be considered to
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1 be Federal employees while performing such service, ex2 cept for purposes of injury compensation or tort claims

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

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

5 SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS ACT OF

6 1992.

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

8 is amended by striking title VIII (106 Stat. 5098 et seq.).

9 (b) TREATMENT COMMISSIONERS.—Section 804(a)

10 of the North Pacific Anadromous Stocks Act of 1992 (16

11 U.S.C. 5003(a)) is amended by inserting before ‘‘Of the

12 Commissioners—’’ the following: ‘‘Individuals serving as

13 such Commissioners shall not be considered to be Federal

14 employees while performing such service, except for pur15 poses of injury compensation or tort claims liability as pro16 vided in chapter 81 of title 5, United States Code, and

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

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

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

20 Act of 1995 (16 U.S.C. 5502(4)) is amended by inserting

21 ‘‘or subject to the jurisdiction of the United States’’ after

22 ‘‘United States’’.

23 SEC. 306. REIMBURSEMENT OF EXPENSES.

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

25 United States Code, all amounts received by the United
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1 States in settlement of, or judgment for, damage claims

2 arising from the October 9, 1992, allision of the vessel

3 ZACHARY into the National Oceanic and Atmospheric

4 Administration research vessel DISCOVERER, and from

5 the disposal of marine assets, and all amounts received

6 by the United States from the disposal of marine assets

7 of the National Oceanic and Atmospheric

8 Administration—

9 (1) shall be retained as an offsetting collection

10 in the Operations, Research and Facilities account

11 of the National Oceanic and Atmospheric Adminis12 tration;

13 (2) shall be deposited into that account upon

14 receipt by the United States Government; and

15 (3) shall be available only for obligation for Na16 tional Oceanic and Atmospheric Administration hy17 drographic and fisheries vessel operations.

18 SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE

19 SANCTUARIES ACT.

20 (a) CROSS REFERENCE CORRECTION.—Section

21 304(f)(2) of the National Marine Sanctuaries Act (16

22 U.S.C. 1434(f)(2)) is amended by striking ‘‘paragraph

23 (2)’’ and inserting ‘‘subparagraphs (A) and (B) of para24 graph (1)’’.
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1 (b) SHORT TITLE CORRECTION.—Section 317 of

2 such Act (16 U.S.C. 1445 note) is amended by striking

3 ‘‘ ‘The’’ and inserting ‘‘the ‘ ’’.

4 (c) EFFECTIVE DATE.—Subsection (a) shall take ef5 fect January 1, 2001.

6 TITLE IV—STUDY OF EASTERN

7 GRAY WHALE POPULATION

8 SEC. 401. STUDY OF THE EASTERN GRAY WHALE POPU9 LATION.

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

11 of enactment of this Act and subject to the availability

12 of appropriations, the Secretary of Commerce shall initiate

13 a study of the environmental and biological factors respon14 sible for the significant increase in mortality events of the

15 eastern gray whale population, and the other potential im16 pacts these factors may be having on the eastern gray

17 whale population.

18 (b) CONSIDERATION OF WESTERN POPULATION IN19 FORMATION.—The Secretary should ensure that, to the

20 greatest extent practicable, information from current and

21 future studies of the western gray whale population is con22 sidered in the study under this section, so as to better

23 understand the dynamics of each population and to test

24 different hypotheses that may lead to an increased under-
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1 standing of the mechanism driving their respective popu2 lation dynamics.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to other amounts authorized under this title, there

5 are authorized to be appropriated to the Secretary to carry

6 out this section—

7 (1) $290,000 for fiscal year 2001; and

8 (2) $500,000 for each of fiscal years 2002

9 through 2004.

10 TITLE V—MISCELLANEOUS

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

12 Notwithstanding paragraphs (1) through (3) of sec13 tions 208(a) of the American Fisheries Act (title II of divi14 sion C of the Omnibus Consolidated and Emergency Sup15 plemental Appropriations Act, 1999 (Public Law 105–

16 277; 112 Stat. 2681–624)), the catcher vessel HAZEL

17 LORRAINE (United States Official Number 592211) and

18 the catcher vessel PROVIDIAN (United States Official

19 Number 1062183) shall be considered to be vessels that

20 are eligible to harvest the directed fishing allowance under

21 section 206(b)(1) of that Act pursuant to a Federal fish22 ing permit in the same manner as, and subject to the same

23 requirements and limitations on that harvesting as apply
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1 to, catcher vessels that are eligible to harvest that directed

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

Passed the House of Representatives October 31,

2000.

Attest:

Clerk.

106TH CONGRESS

2D SESSION H. R. 1653

AN ACT

To complete the orderly withdrawal of the NOAA

from the civil administration of the Pribilof Islands, Alaska, and to assist in the conservationof coral reefs, and for other purposes.