IB
Union Calendar No. 115
106TH CONGRESS
1ST SESSION
H. R. 1652
[Report No. 106–201]
To establish the Yukon River Salmon Advisory Panel.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1999
Mr. YOUNG of Alaska (for himself and Mr. SAXTON) introduced the following
bill; which was referred to the Committee on Resources
JUNE 25, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 29, 1999]
A BILL
To establish the Yukon River Salmon Advisory Panel.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Yukon River Salmon
Act of 1999’’.
SEC. 2. YUKON RIVER SALMON PANEL.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There shall be a Yukon River
Salmon Panel (in this Act referred to as the
‘‘Panel’’).
(2) FUNCTIONS.—The Panel shall—
(A) advise the Secretary of State regarding
the negotiation of any international agreement
with Canada relating to management of salmon
stocks originating from the Yukon River in Can-
ada;
(B) advise the Secretary of the Interior re-
garding restoration and enhancement of such
salmon stocks; and
(C) perform other functions relating to con-
servation and management of such salmon stocks
as authorized by this or any other Act.
(3) DESIGNATION
AS
UNITED
STATES
REP-
RESENTATIVES ON BILATERAL BODY.—The Secretary
of State may designate the members of the Panel to
be the United States representatives on any successor
to the panel established by the interim agreement for
the conservation of salmon stocks originating from the
Yukon River in Canada agreed to through an ex-
change of notes between the Government of the United
States and the Government of Canada on February 3,
1995, if authorized by any agreement establishing
such successor.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Panel shall be comprised
of six members, as follows:
(A) One member who is an official of the
United States Government with expertise in
salmon conservation and management, who shall
be appointed by the Secretary of State.
(B) One member who is an official of the
State of Alaska with expertise in salmon con-
servation and management, who shall be ap-
pointed by the Governor of Alaska.
(C) Four members who are knowledgeable
and experienced with regard to the salmon fish-
eries on the Yukon River, who shall be appointed
by the Secretary of State in accordance with
paragraph (2).
(2) APPOINTEES FROM ALASKA.—(A) The Sec-
retary of State shall appoint the members under
paragraph (1)(C) from a list of at least 3 individuals
nominated for each position by the Governor of Alas-
ka.
(B) In making the nominations, the Governor of
Alaska may consider suggestions for nominations pro-
vided by organizations with expertise in Yukon River
salmon fisheries.
(C) The Governor of Alaska may make appro-
priate nominations to allow for appointment of, and
the Secretary of State shall appoint, under paragraph
(1)(C)—
(i) at least one member who is qualified to
represent the interests of Lower Yukon River
fishing districts; and
(ii) at least one member who is qualified to
represent the interests of Upper Yukon River
fishing districts.
(D) At least one of the members appointed under
paragraph (1)(C) shall be an Alaska Native.
(3) ALTERNATES.—(A) The Secretary of State
may designate an alternate Panel member for each
Panel member the Secretary appoints under para-
graphs (1) (A) and (C), who meets the same qualifica-
tions, to serve in the absence of the Panel member.
(B) The Governor of the State of Alaska may
designate an alternative Panel member for the Panel
member appointed under subsection (b)(1)(B), who
meets the same qualifications, to serve in the absence
of that Panel member.
(c) TERM LENGTH.—Panel members and alternate
Panel members shall serve four-year terms. Any individual
appointed to fill a vacancy occurring before the expiration
of any term shall be appointed for the remainder of that
term.
(d) REAPPOINTMENT.—Panel members and alternate
Panel members shall be eligible for reappointment.
(e) DECISIONS.—Decisions of the Panel shall be made
by the consensus of the Panel members appointed under sub-
paragraphs (B) and (C) of subsection (b)(1).
(f) CONSULTATION.—In carrying out their functions,
Panel members may consult with such other interested par-
ties as they consider appropriate.
SEC. 3. ADVISORY COMMITTEE.
(a) APPOINTMENTS.—The Governor of Alaska may es-
tablish and appoint an advisory committee of not less than
8, but not more than 12, individuals who are knowledgeable
and experienced with regard to the salmon fisheries on the
Yukon River. At least 2 of the advisory committee members
shall be Alaska Natives. Members of the advisory committee
may attend all meetings of the Panel, and shall be given
the opportunity to examine and be heard on any matter
under consideration by the Panel.
(b) COMPENSATION.—The members of such advisory
committee shall receive no compensation for their services.
(c) TERM LENGTH.—Members of such advisory com-
mittee shall serve two-year terms. Any individual ap-
pointed to fill a vacancy occurring before the expiration of
any term shall be appointed for the remainder of that term.
(d) REAPPOINTMENT.—Members of such advisory com-
mittee shall be eligible for reappointment.
SEC. 4. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Panel or to an advisory committee
established under section 3.
SEC. 5. AUTHORITY AND RESPONSIBILITY.
(a) RESPONSIBLE MANAGEMENT ENTITY.—The State
of Alaska Department of Fish and Game shall be the respon-
sible management entity for the United States for the pur-
poses of any agreement with Canada regarding manage-
ment of salmon stocks originating from the Yukon River
in Canada.
(b) EFFECT OF DESIGNATION.—The designation under
subsection (a) shall not be considered to expand, diminish,
or otherwise change the management authority of the State
of Alaska or the Federal Government with respect to fishery
resources.
(c) RECOMMENDATIONS OF PANEL.—In addition to
recommendations made by the Panel to the responsible
management entities in accordance with any agreement
with Canada regarding management of salmon stocks origi-
nating from the Yukon River in Canada, the Panel may
make recommendations concerning the conservation and
management of salmon originating in the Yukon River to
the Department of the Interior, the Department of Com-
merce, the Department of State, the North Pacific Fishery
Management Council, and other Federal or State entities
as appropriate. Recommendations by the Panel shall be ad-
visory in nature.
SEC. 6. ADMINISTRATIVE MATTERS.
(a) COMPENSATION.—Panel members and alternate
Panel members who are not State or Federal employees
shall receive compensation at the daily rate of GS–15 of
the General Schedule when engaged in the actual perform-
ance of duties.
(b) TRAVEL AND OTHER NECESSARY EXPENSES.—
Travel and other necessary expenses shall be paid by the
Secretary of the Interior for all Panel members, alternate
Panel members, and members of any advisory committee
established under section 3 when engaged in the actual per-
formance of duties.
(c) TREATMENT AS FEDERAL EMPLOYEES.—Except
for officials of the United States Government, all Panel
members, alternate Panel members, and members of any ad-
visory committee established under section 3 shall not be
considered to be Federal employees while engaged in the ac-
tual performance of duties, except for the purposes of injury
compensation or tort claims liability as provided in chapter
81 of title 5, United States Code, and chapter 71 of title
28, United States Code.
SEC. 7. YUKON RIVER SALMON STOCK RESTORATION AND
ENHANCEMENT PROJECTS.
(a) IN GENERAL.—The Secretary of the Interior, in
consultation with the Secretary of Commerce, may carry
out projects to restore or enhance salmon stocks originating
from the Yukon River in Canada and the United States.
(b) COOPERATION WITH CANADA.—If there is in effect
an agreement between the Government of the United States
and the Government of Canada for the conservation of salm-
on stocks originating from the Yukon River in Canada that
includes provisions governing projects authorized under this
section, then—
(1) projects under this section shall be carried
out in accordance with that agreement; and
(2) amounts available for projects under this
section—
(A) shall be expended in accordance with
the agreement; and
(B) may be deposited in any joint account
established by the agreement to fund such
projects.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of the Interior to carry out this Act $4,000,000 for
each of fiscal years 2000, 2001, 2002, and 2003, of which—
(1) such sums as are necessary shall be available
each fiscal year for travel expenses of Panel members,
alternate Panel members, United States members of
the Joint Technical Committee established by para-
graph C.2 of the memorandum of understanding con-
cerning the Pacific Salmon Treaty between the Gov-
ernment of the United States and the Government of
Canada (recorded January 28, 1985), and members of
an advisory committee established and appointed
under section 3, in accordance with Federal Travel
Regulations and sections 5701, 5702, 5704 through
5708, and 5731 of title 5, United States Code;
(2) such sums as are necessary shall be available
for the United States share of expenses incurred by
the Joint Technical Committee and any panel estab-
lished by any agreement between the Government of
the United States and the Government of Canada for
restoration and enhancement of salmon originating in
Canada;
(3) up to $3,000,000 shall be available each fis-
cal year for activities by the Department of the Inte-
rior and the Department of Commerce for survey, res-
toration, and enhancement activities related to salm-
on stocks originating from the Yukon River in Can-
ada, of which up to $1,200,000 shall be available each
fiscal year for Yukon River salmon stock restoration
and enhancement projects under section 7(b); and
(4) $600,000 shall be available each fiscal year
for cooperative salmon research and management
projects in the portion of the Yukon River drainage
located in the United States that are recommended by
the Panel.