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106TH CONGRESS
1ST SESSION
H. R. 3417
To complete the orderly withdrawal of the National Oceanic and Atmospheric
Administration from the civil administration of the Pribilof Islands, Alaska.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 17, 1999
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
A BILL
To complete the orderly withdrawal of the National Oceanic
and Atmospheric Administration from the civil adminis-
tration of the Pribilof Islands, Alaska.
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 referred to as the ‘‘Pribilof Islands
Transition Act’’.
SEC. 2. PURPOSE.
The purpose of this Act is to complete the orderly
withdrawal of the National Oceanic and Atmospheric Ad-
ministration from the civil administration of the Pribilof
Islands, Alaska.
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SEC. 3. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS
UNDER FUR SEAL ACT OF 1966.
Public Law 89–702, popularly known and referred to
in this Act 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 assist-
ance to any city government, village corporation, or
tribal council of St. George, Alaska, or St. Paul,
Alaska, to—
‘‘(A) reimburse costs incurred by the
grantee in upgrading or replacing Federal in-
frastructure or facilities transferred to the
grantee under section 205; or
‘‘(B) promote the development of a stable,
self-sufficient, enduring, and diversified econ-
omy in the Pribilof Islands that is not depend-
ent on sealing.
‘‘(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 pro-
gram that requires such matching funds.
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‘‘(b) SOLID WASTE ASSISTANCE.—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 neces-
sitated by the National Oceanic and Atmospheric Adminis-
tration’s administration of the islands under the Fur Seal
Act of 1966 to be operated under a permit issued by the
State of Alaska under section 46.03.100 of the Alaska
Statutes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary—
‘‘(1) for assistance under subsection (a), for
each of fiscal years 2001 and 2002—
‘‘(A) $4,500,000, for grants to the city of
St. Paul;
‘‘(B) $3,150,000, for grants to the
Tanadgusix Corporation;
‘‘(C) $750,000, for grants to the St. Paul
Tribal Council;
‘‘(D) $3,000,000, for grants to the city of
St. George;
‘‘(E) $2,100,000, for grants to the Tanaq
Corporation; and
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‘‘(F) $500,000, for grants to the St.
George Tribal Council; and
‘‘(2) for assistance under subsection (b), such
sums as may be necessary for each of fiscal years
2000 and 2001.
‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOB-
BYING 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 Con-
gress, 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 legisla-
tion or appropriations that they consider it necessary for
the efficient conduct of public business.’’.
SEC. 4. 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 fol-
lows:
‘‘(c) Not later than 3 months after the date of enact-
ment 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 Re-
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sources 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 speci-
fied 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 Fed-
eral Government to meet its responsibilities under
this Act, the Convention, and any other applicable
law.’’; and
(2) by striking subsection (g).
SEC. 5. TERMINATION OF RESPONSIBILITIES.
(a) FUTURE OBLIGATION.—
(1) IN GENERAL.—The Secretary of Commerce
shall not be considered to have any obligation to pro-
mote or otherwise provide for the development of
any form of an economy not dependent on sealing on
the Pribilof Islands, 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).
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(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 enact-
ment of this Act; and
(B) for which a judicial action is filed be-
fore the expiration of the 5-year period begin-
ning on the date of the enactment of this Act.
(3) RULE OF CONSTRUCTION.—Nothing in this
Act shall be construed to imply that—
(A) any obligation to promote or otherwise
provide for the development in the Pribilof Is-
lands 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).
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(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 moni-
toring, related to National Oceanic and Atmos-
pheric Administration administration of the
Pribilof Islands 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—
(A) the State of Alaska determines that all
responsibilities of the Secretary, the Depart-
ment of Commerce, and the United States
under the Pribilof Islands Environmental Res-
toration Agreement between the National Oce-
anic and Atmospheric Administration and the
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State of Alaska, signed January 26, 1996, have
been fulfilled;
(B) the Secretary of Commerce has com-
pleted the cleanup required under section 3(a)
of Public Law 104–91 (16 U.S.C. 1165 note);
(C) the Secretary of Commerce determines
that 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)),
as amended by this Act, can be unconditionally
offered for conveyance under that section; and
(D) the Secretary of Commerce determines
that all amounts authorized under section
206(c)(1) of the Fur Seal Act of 1966, as
amended by this Act, have been appropriated
and obligated.
(3) 
LIMITATION
ON
SEEKING
CONTRIBU-
TIONS.—(A) Notwithstanding any other provision of
this Act (other than subparagraph (B)), no Federal
agency or department shall seek financial contribu-
tions from any Natives of the Pribilof Islands for
costs or fees incurred by the Secretary of Commerce
for actions taken pursuant to—
(i) the Pribilof Islands Environmental Res-
toration Agreement between the Secretary and
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the State of Alaska Department of Environ-
mental Conservation; or
(ii) section 3(a) of Public Law 104–91 (16
U.S.C. 1165 note).
(B) Subparagraph (A) applies only to—
(i) cleanup actions, including assessment,
response, remediation, and monitoring, that
occurred—
(I) on property on the Pribilof Islands
to which the Federal Government held title
immediately before the enactment of this
Act; and
(II) before the date of the enactment
of this Act; and
(ii) cleanup actions, including assessment,
response, remediation, and monitoring, that
occurred—
(I) on property on the Pribilof Islands
that was transferred or conveyed by the
Federal Government before the date of the
enactment of this Act to one or more Na-
tives of the Pribilof Islands; and
(II) before the date of that transfer or
conveyance.
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(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.
(c) REPEALS.—Effective on the date 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).