establish criteria that the Secretary shall consider in
determining harvest shares under subparagraph (A).
‘‘(6) PARTICIPATION BY STATE OF ALASKA.—
(A) The Secretary may allow the State of Alaska to
participate in the implementation of the western
Alaska community development quota program.
‘‘(B) If the State of Alaska participates, the
Secretary may require CDQ groups to submit a copy
of their community development plans to the Gov-
ernor of Alaska.
‘‘(C) If the State of Alaska is participating in
the implementation of the western Alaska commu-
nity development quota program and the total of the
harvest shares requested pursuant to paragraph
(4)(B)(i) for a fishery is greater than the percentage
of the total allowable catch or guideline harvest level
for the fishery allocated under paragraph (2) to the
western Alaska community development quota pro-
gram, the Secretary may direct the Governor of
Alaska—
‘‘(i) to consult with the CDQ groups;
‘‘(ii) to consult with the North Pacific
Fishery Management Council regarding the
plans; and
‘‘(iii) to timely submit the Governor’s rec-
ommendations regarding the approval of the
plans by the Secretary.
‘‘(D) The Governor shall indicate, in writing, to
the Secretary and to each CDQ group the rationale,
and the factual basis for the rationale, for any rec-
ommendation regarding the Secretary’s approval of
a CDQ group’s community development plan.
‘‘(7) REPORTS.—(A) On March 1 of each cal-
endar year each CDQ group shall submit a report
regarding its approved community development
plans then in effect to the Secretary, and to the
Governor of Alaska if the State of Alaska is partici-
pating under paragraph (6).
‘‘(B) Each report shall describe the following:
‘‘(i) The CDQ group’s implementation dur-
ing the previous calendar year of the CDQ
projects described in the group’s community de-
velopment plans, and any modifications to a
project that the group may have made since the
last report.
‘‘(ii) In summary form, the financial per-
formance during the previous calendar year of
each subsidiary, joint venture, partnership, or
other entity in which the CDQ group owns an
equity interest, and all other non-CDQ project-
related activities in which the group engaged.
‘‘(iii) The CDQ group’s budget for the cur-
rent calendar year.
‘‘(C) Financial and strategic business informa-
tion contained in reports submitted under this para-
graph shall be considered confidential. The Sec-
retary, and the Governor of Alaska if the State of
Alaska is participating in the Secretary’s implemen-
tation of the western Alaska community development
quota program—
‘‘(i) shall not make such information avail-
able to the public; and
‘‘(ii) may not use such information for any
purpose other than evaluating the financial sta-
tus and performance of the CDQ group that
submitted the information.
‘‘(8) DEFINITIONS.—For the purposes of this
subsection:
‘‘(A) The term ‘CDQ group’ means a non-
profit or for-profit corporation or other entity
whose membership is exclusively composed of
one or more communities that satisfy the cri-
teria described in paragraph (3)(A) through
(E).
‘‘(B) The term ‘community development
plan’ means a plan that describes—
‘‘(i) how a CDQ group intends to har-
vest its requested share of the percentage
of the total allowable catch or guideline
harvest level of a directed Bering Sea fish-
ery that the Secretary has allocated to the
western Alaska community development
quota program; and
‘‘(ii) how the group intends to use the
harvest opportunity and the revenue de-
rived therefrom to assist communities that
are members of the group to achieve sus-
tainable long term local economic develop-
ment.
‘‘(C)(i) Subject to clause (ii), the term
‘CDQ project’ means a program or activity that
is administered or initiated by a CDQ group
and that is funded by revenue the CDQ group
derives or accrues during the duration of a
community development plan approved by the
Secretary from harvesting the fishery covered
by the plan.
‘‘(ii) Such term does not include a program
or activity administered or initiated by a sub-
sidiary, joint venture, partnership, or other en-
tity in which a CDQ group owns an equity in-
terest, if the program or activity is funded by
the assets of the subsidiary, joint venture, part-
nership, or other entity, rather than by the as-
sets of the CDQ group.
‘‘(9) REGULATIONS.—The Secretary may pro-
mulgate such regulations as are reasonable and nec-
essary to enable the Secretary to implement this
subsection.’’.
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