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 writ-
ten confirmation that no further corrective ac-
tion 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 mainte-
nance 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 docu-
ment 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 con-
veyance under that section; and
(D) all amounts appropriated under sec-
tion 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note) is repealed pursuant to subsection (c), the Sec-
retary of Commerce may not seek or require finan-
cial 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 re-
peal), except as provided in subparagraph (B).
(B) Subparagraph (A) shall not limit the au-
thority of the Secretary of Commerce to seek or re-
quire 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 CONDI-
TIONS.—For purposes of paragraph (2)(C), the fol-
lowing 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 moni-
toring following remediation activities.
(B) Any requirement that a potential
transferee must allow the National Oceanic and
Atmospheric Administration access to the prop-
erty to continue the operation, and eventual clo-
sure, of treatment facilities.
(C) Any requirement that a potential
transferee must comply with institutional con-
trols to ensure that an environmental cleanup
remains protective of human health or the envi-
ronment 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 af-
fect 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 docu-
ment.
(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 Con-
ditions, dated February 10, 1984, between the
Secretary of Commerce and various Pribilof Is-
land 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 Cor-
poration, and the Secretary of Commerce, dated
December 22, 1976.
(e) DEFINITIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (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 Corpora-
tion, the St. George Tanaq Corporation, and the city
governments and tribal councils of St. Paul and St.
George, Alaska.
SEC. 1007. 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 insert ‘‘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. 1008. 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 author-
ized by this subsection may be expended for the pur-
pose of cleaning up or remediating any landfills,
wastes, dumps, debris, storage tanks, property, haz-
ardous or unsafe conditions, or contaminants, in-
cluding petroleum products and their derivatives, left
by the Department of Defense or any of its compo-
nents 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 revolv-
ing 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, asbes-
tos, and petroleum from underground storage tanks.
‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE-
FINED.—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 Sec-
retary may provide any funds to the State of Alaska
under this section, the State of Alaska and the Sec-
retary 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 repay-
ment of loans.’’.
TITLE XI—SHARK FINNING
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Shark Finning Prohi-
bition Act’’.
SEC. 1102. PURPOSE.
The purpose of this title is to eliminate shark-finning
by addressing the problem comprehensively at both the na-
tional and international levels.
SEC. 1103. PROHIBITION ON REMOVING SHARK FIN AND
DISCARDING SHARK CARCASS AT SEA.
Section 307(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1))
is amended—
(1) by striking ‘‘or’ after the semicolon in sub-
paragraph (N);
(2) by striking ‘‘section 302(j)(7)(A).’’ in sub-
paragraph (O) and inserting ‘‘section 302(j)(7)(A);
or’’; and
(3) by adding at the end the following:
‘‘(P)(i) to remove any of the fins of a
shark (including the tail) and discard the car-
cass of the shark at sea;
‘‘(ii) to have custody, control, or possession
of any such fin aboard a fishing vessel without
the corresponding carcass; or
‘‘(iii) to land any such fin without the cor-
responding carcass.
‘‘For purposes of subparagraph (P) there is a rebut-
table presumption that any shark fins landed from
a fishing vessel or found on board a fishing vessel
were taken, held, or landed in violation of subpara-
graph (P) if the total weight of shark fins landed or
found on board exceeds 5 percent of the total weight
of shark carcasses landed or found on board.’’.
SEC. 1104. REGULATIONS.
No later than 180 days after the date of the enact-
ment of this Act, the Secretary of Commerce shall promul-
gate regulations implementing the provisions of section
307(1)(P) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1857(1)(P)), as added
by section 1103 of this title.
SEC. 1105. INTERNATIONAL NEGOTIATIONS.
The Secretary of Commerce, acting through the Sec-
retary of State, shall—
(1) initiate discussions as soon as possible for
the purpose of developing bilateral or multilateral
agreements with other nations for the prohibition on
shark-finning;
(2) initiate discussions as soon as possible with
all foreign governments which are engaged in, or
which have persons or companies engaged in shark-
finning, for the purposes of—
(A) collecting information on the nature
and extent of shark-finning by such persons
and the landing or transshipment of shark fins
through foreign ports; and
(B) entering into bilateral and multilateral
treaties with such countries to protect such spe-
cies;
(3) seek agreements calling for an international
ban on shark-finning and other fishing practices ad-
versely affecting these species through the United
Nations, the Food and Agriculture Organization’s
Committee on Fisheries, and appropriate regional
fishery management bodies;
(4) initiate the amendment of any existing
international treaty for the protection and conserva-
tion of species of sharks to which the United States
is a party in order to make such treaty consistent
with the purposes and policies of this section;
(5) urge other governments involved in fishing
for or importation of shark or shark products to ful-
fill their obligations to collect biological data, such
as stock abundance and by-catch levels, as well as
trade data, on shark species as called for in the
1995 Resolution on Cooperation with FAO with Re-
gard to study on the Status of Sharks and By-Catch
of Shark Species; and
(6) urge other governments to prepare and sub-
mit their respective National Plan of Action for the
Conservation and Management of Sharks to the
2001 session of the FAO Committee on Fisheries, as
set forth in the International Plan of Action for the
Conservation and Management of Sharks.
SEC. 1106. REPORT TO CONGRESS.
The Secretary of Commerce, in consultation with the
Secretary of State, shall provide to the Congress, by not
100
later than 1 year after the date of the enactment of this
Act, and every year thereafter, a report which—
(1) includes a list that identifies nations whose
vessels conduct shark-finning and details the extent
of the international trade in shark fins, including es-
timates of value and information on harvesting of
shark fins, and landings or transshipment of shark
fins through foreign ports;
(2) describes the efforts taken to carry out this
title, and evaluates the progress of those efforts;
(3) sets forth a plan of action to adopt inter-
national measures for the conservation of sharks;
and
(4) includes recommendations for measures to
ensure that United States actions are consistent
with national, international, and regional obligations
relating to shark populations, including those listed
under the Convention on International Trade in En-
dangered Species of Wild Flora and Fauna.
SEC. 1107. RESEARCH.
The Secretary of Commerce, subject to the avail-
ability of appropriations authorized by section 1110, shall
establish a research program for Pacific and Atlantic
sharks to engage in the following data collection and re-
search:
101
(1) The collection of data to support stock as-
sessments of shark populations subject to incidental
or directed harvesting by commercial vessels, giving
priority to species according to vulnerability of the
species to fishing gear and fishing mortality, and its
population status.
(2) Research to identify fishing gear and prac-
tices that prevent or minimize incidental catch of
sharks in commercial and recreational fishing.
(3) Research on fishing methods that will en-
sure maximum likelihood of survival of captured
sharks after release.
(4) Research on methods for releasing sharks
from fishing gear that minimize risk of injury to
fishing vessel operators and crews.
(5) Research on methods to maximize the utili-
zation of, and funding to develop the market for,
sharks not taken in violation of a fishing manage-
ment plan approved under section 303 or of section
307(1)(P) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1853,
1857(1)(P)).
(6) Research on the nature and extent of the
harvest of sharks and shark fins by foreign fleets