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regarding any matter that the Secretary is consid-
ering in the course of carrying out this title;
(9) to forcibly assault, resist, oppose, impede, in-
timidate, sexually harass, bribe, or interfere with any
observer on a vessel under this title, or any data col-
lector employed by the National Marine Fisheries
Service or under contract to any person to carry out
responsibilities under this title;
(10) to engage in fishing in violation of any reg-
ulation adopted pursuant to section 506(a) of this
title;
(11) to ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession, or
control any fish taken or retained in violation of such
regulations;
(12) to fail to make, keep, or furnish any catch
returns, statistical records, or other reports as are re-
quired by regulations adopted pursuant to this title
to be made, kept, or furnished;
(13) to fail to stop a vessel upon being hailed
and instructed to stop by a duly authorized official
of the United States;
(14) to import, in violation of any regulation
adopted pursuant to section 506(a) of this title, any
fish in any form of those species subject to regulation
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pursuant to a recommendation, resolution, or decision
of the Commission, or any tuna in any form not
under regulation but under investigation by the Com-
mission, during the period such fish have been denied
entry in accordance with the provisions of section
506(a) of this title.
(b) ENTRY CERTIFICATION.—In the case of any fish
described in subsection (a) offered for entry into the United
States, the Secretary of Commerce shall require proof satis-
factory to the Secretary that such fish is not ineligible for
such entry under the terms of section 506(a) of this title.
SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI-
TUTIONS AND ORGANIZATIONS.—The Secretary may co-
operate with agencies of the United States government, any
public or private institutions or organizations within the
United States or abroad, and, through the Secretary of
State, the duly authorized officials of the government of any
party to the WCPFC Convention, in carrying out respon-
sibilities under this title.
(b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES
AND PERSONNEL.—All Federal agencies are authorized,
upon the request of the Secretary, to cooperate in the con-
duct of scientific and other programs and to furnish facili-
ties and personnel for the purpose of assisting the Commis-
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sion in carrying out its duties under the WCPFC Conven-
tion.
(c) SANCTIONED FISHING OPERATIONS AND BIOLOGI-
CAL EXPERIMENTS.—Nothing in this title, or in the laws
or regulations of any State, prevents the Secretary or the
Commission from—
(1) conducting or authorizing the conduct of fish-
ing operations and biological experiments at any time
for purposes of scientific investigation; or
(2) discharging any other duties prescribed by
the WCPFC Convention.
(d) STATE JURISDICTION NOT AFFECTED.—Except as
provided in subsection (e) of this section, nothing in this
title shall be construed to diminish or to increase the juris-
diction of any State in the territorial sea of the United
States.
(e) APPLICATION OF REGULATIONS—
(1) 
IN
GENERAL.—Regulations 
promulgated
under section 506(a) of this title shall apply within
the boundaries of any State bordering on the Conven-
tion area if the Secretary has provided notice to such
State, the State does not request an agency hearing,
and the Secretary determines that the State—
(A) has not, within a reasonable period of
time after the promulgation of regulations pur-
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suant to this title, enacted laws or promulgated
regulations that implement the recommendations
of the Commission within the boundaries of such
State; or
(B) has enacted laws or promulgated regu-
lations that implement the recommendations of
the commission within the boundaries of such
State that—
(i) are less restrictive that the regula-
tions promulgated under section 506(a) of
this title; or
(ii) are not effectively enforced.
(2) DETERMINATION BY SECRETARY.—The regu-
lations promulgated pursuant to section 506(a) of this
title shall apply until the Secretary determines that
the State is effectively enforcing within its boundaries
measures that are not less restrictive than the regula-
tions promulgated under section 506(a) of this title.
(3) HEARING.—If a State requests a formal
agency hearing, the Secretary shall not apply the reg-
ulations promulgated pursuant section 506(a) of this
title within that State’s boundaries unless the hearing
record supports a determination under paragraph
(1)(A) or (B).
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(f) REVIEW OF STATE LAWS AND REGULATIONS.—To
ensure that the purposes of subsection (e) are carried out,
the Secretary shall undertake a continuing review of the
laws and regulations of all States to which subsection (e)
applies or may apply and the extent to which such laws
and regulations are enforced.
SEC. 509. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in
the Commission and its subsidiary bodies by American
Samoa, Guam, and the Northern Mariana Islands to the
same extent provided to the territories of other nations.
SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing
for species under the management authority of the Western
and Central Pacific Fisheries Convention that do not carry
vessel monitoring systems capable of communicating with
United States enforcement authorities shall, prior to, or as
soon as reasonably possible after, entering and transiting
the Exclusive Economic Zone seaward of Hawaii and of
the Commonwealths, territories, and possessions of the
United States in the Pacific Ocean area—
(1) notify the United States Coast Guard or the
National Marine Fisheries Service Office of Law En-
forcement in the appropriate region of the name, flag
state, location, route, and destination of the vessel and
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of the circumstances under which it will enter United
States waters;
(2) ensure that all fishing gear on board the ves-
sel is stowed below deck or otherwise removed from the
place where it is normally used for fishing and placed
where it is not readily available for fishing; and
(3) where requested by an enforcement officer,
proceed to a specified location so that a vessel inspec-
tion can be conducted.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of Commerce such sums as may be necessary to carry
out this title and to pay the United States’ contribution
to the Commission under section 5 of part III of the
WCPFC Convention.
TITLE VI—PACIFIC WHITING
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Pacific Whiting Act
of 2006’’.
SEC. 602. DEFINITIONS.
In this title:
(1) ADVISORY
PANEL.—The term ‘‘advisory
panel’’ means the Advisory Panel on Pacific Hake/
Whiting established by the Agreement.
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(2) AGREEMENT.—The term ‘‘Agreement’’ means
the Agreement between the Government of the United
States and the Government of Canada on Pacific
Hake/Whiting, signed at Seattle, Washington, on No-
vember 21, 2003.
(3) CATCH.—The term ‘‘catch’’ means all fishery
removals from the offshore whiting resource, including
landings, discards, and bycatch in other fisheries.
(4) JOINT MANAGEMENT COMMITTEE.—The term
‘‘joint management committee’’ means the joint man-
agement committee established by the Agreement.
(5) JOINT
TECHNICAL
COMMITTEE.—The term
‘‘joint technical committee’’ means the joint technical
committee established by the Agreement.
(6) OFFSHORE WHITING RESOURCE.—The term
‘‘offshore whiting resource’’ means the transboundary
stock of Merluccius productus that is located in the
offshore waters of the United States and Canada ex-
cept in Puget Sound and the Strait of Georgia.
(7) SCIENTIFIC REVIEW GROUP.—The term ‘‘sci-
entific review group’’ means the scientific review
group established by the Agreement.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
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(9) 
UNITED
STATES
SECTION.—The 
term
‘‘United States Section’’ means the United States rep-
resentatives on the joint management committee.
SEC. 603. UNITED STATES REPRESENTATION ON JOINT
MANAGEMENT COMMITTEE.
(a) REPRESENTATIVES.—
(1) IN GENERAL.—The Secretary, in consultation
with the Secretary of State, shall appoint 4 individ-
uals to represent the United States as the United
States Section on the joint management committee. In
making the appointments, the Secretary shall select
representatives from among individuals who are
knowledgeable or experienced concerning the offshore
whiting resource. Of these—
(A) 1 shall be an official of the National
Oceanic and Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fish-
ery Management Council, appointed with consid-
eration given to any recommendation provided
by that Council;
(C) 1 shall be appointed from a list sub-
mitted by the treaty Indian tribes with treaty
fishing rights to the offshore whiting resource;
and
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(D) 1 shall be appointed from the commer-
cial sector of the whiting fishing industry con-
cerned with the offshore whiting resource.
(2) TERM OF OFFICE.—Each representative ap-
pointed under paragraph (1) shall be appointed for a
term not to exceed 4 years, except that, of the initial
appointments, 2 representatives shall be appointed for
terms of 2 years. Any individual appointed to fill a
vacancy occurring prior to the expiration of the term
of office of that individual’s predecessor shall be ap-
pointed for the remainder of that term. A representa-
tive may be appointed for a term of less than 4 years
if such term is necessary to ensure that the term of
office of not more than 2 representatives will expire
in any single year. An individual appointed to serve
as a representative is eligible for reappointment.
(3) CHAIR.—Unless otherwise agreed by all of
the 4 representatives, the chair shall rotate annually
among the 4 members, with the order of rotation de-
termined by lot at the first meeting.
(b) ALTERNATE REPRESENTATIVES.—The Secretary,
in consultation with the Secretary of State, may designate
alternate representatives of the United States to serve on
the joint management committee. An alternative representa-
tive may exercise, at any meeting of the committee, all the
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powers and duties of a representative in the absence of a
duly designated representative for whatever reason.
SEC. 604. UNITED STATES REPRESENTATION ON THE SCI-
ENTIFIC REVIEW GROUP.
(a) IN GENERAL.—The Secretary, in consultation with
the Secretary of State, shall appoint no more than 2 sci-
entific experts to serve on the scientific review group. An
individual shall not be eligible to serve on the scientific re-
view group while serving on the joint technical committee.
(b) TERM.—An individual appointed under subsection
(a) shall be appointed for a term of not to exceed 4 years,
but shall be eligible for reappointment. An individual ap-
pointed to fill a vacancy occurring prior to the expiration
of a term of office of that individual’s predecessor shall be
appointed to serve for the remainder of that term.
(c) JOINT APPOINTMENTS.—In addition to individuals
appointed under subsection (a), the Secretary, jointly with
the Government of Canada, may appoint to the scientific
review group, from a list of names provided by the advisory
panel —
(1) up to 2 independent members of the scientific
review group; and
(2) 2 public advisors.
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SEC. 605. UNITED STATES REPRESENTATION ON JOINT
TECHNICAL COMMITTEE.
(a) SCIENTIFIC EXPERTS.—
(1) IN GENERAL.—The Secretary, in consultation
with the Secretary of State, shall appoint at least 6
but not more than 12 individuals to serve as scientific
experts on the joint technical committee, at least 1 of
whom shall be an official of the National Oceanic and
Atmospheric Administration.
(2) TERM OF OFFICE.—An individual appointed
under paragraph (1) shall be appointed for a term of
not to exceed 4 years, but shall be eligible for re-
appointment. An individual appointed to fill a va-
cancy occurring prior to the expiration of the term of
office of that individual’s predecessor shall be ap-
pointed for the remainder of that term.
(b) INDEPENDENT MEMBER.—In addition to individ-
uals appointed under subsection (a), the Secretary, jointly
with the Government of Canada, shall appoint 1 inde-
pendent member to the joint technical committee selected
from a list of names provided by the advisory panel.
SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY
PANEL.
(a) IN GENERAL.—
(1) APPOINTMENT.—The Secretary, in consulta-
tion with the Secretary of State, shall appoint at
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least 6 but not more than 12 individuals to serve as
members of the advisory panel, selected from among
individuals who are—
(A) knowledgeable or experienced in the
harvesting, processing, marketing, management,
conservation, or research of the offshore whiting
resource; and
(B) not employees of the United States.
(2) TERM OF OFFICE.—An individual appointed
under paragraph (1) shall be appointed for a term of
not to exceed 4 years, but shall be eligible for re-
appointment. An individual appointed to fill a va-
cancy occurring prior to the expiration of the term of
office of that individual’s predecessor shall be ap-
pointed for the remainder of that term.
SEC. 607. RESPONSIBILITIES OF THE SECRETARY.
(a) IN GENERAL.—The Secretary is responsible for
carrying out the Agreement and this title, including the au-
thority, to be exercised in consultation with the Secretary
of State, to accept or reject, on behalf of the United States,
recommendations made by the joint management com-
mittee.
(b) REGULATIONS; COOPERATION WITH CANADIAN OF-
FICIALS.—In exercising responsibilities under this title, the
Secretary—
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(1) may promulgate such regulations as may be
necessary to carry out the purposes and objectives of
the Agreement and this title; and
(2) with the concurrence of the Secretary of
State, may cooperate with officials of the Canadian
Government duly authorized to carry out the Agree-
ment.
SEC. 608. RULEMAKING.
(a) APPLICATION WITH MAGNUSON-STEVENS ACT.—
The Secretary shall establish the United States catch level
for Pacific whiting according to the standards and proce-
dures of the Agreement and this title rather than under the
standards and procedures of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.),
except to the extent necessary to address the rebuilding
needs of other species. Except for establishing the catch level,
all other aspects of Pacific whiting management shall be—
(1) subject to the Magnuson-Stevens Fishery
Conservation and Management Act; and
(2) consistent with this title.
(b) JOINT MANAGEMENT COMMITTEE RECOMMENDA-
TIONS.—For any year in which both parties to the Agree-
ment approve recommendations made by the joint manage-
ment committee with respect to the catch level, the Secretary
shall implement the approved recommendations. Any regu-
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lation promulgated by the Secretary to implement any such
recommendation shall apply, as necessary, to all persons
and all vessels subject to the jurisdiction of the United
States wherever located.
(c) YEARS WITH NO APPROVED CATCH RECOMMENDA-
TIONS.—If the parties to the Agreement do not approve the
joint management committee’s recommendation with re-
spect to the catch level for any year, the Secretary shall
establish the total allowable catch for Pacific whiting for
the United States catch. In establishing the total allowable
catch under this subsection, the Secretary shall—
(1) take into account any recommendations from
the Pacific Fishery Management Council, the joint
management committee, the joint technical committee,
the scientific review group, and the advisory panel;
(2) base the total allowable catch on the best sci-
entific information available;
(3) use the default harvest rate set out in para-
graph 1 of Article III of the Agreement unless the Sec-
retary determines that the scientific evidence dem-
onstrates that a different rate is necessary to sustain
the offshore whiting resource; and
(4) establish the United State’s share of the total
allowable catch based on paragraph 2 of Article III
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of the Agreement and make any adjustments nec-
essary under section 5 of Article II of the Agreement.
SEC. 609. ADMINISTRATIVE MATTERS.
(a) EMPLOYMENT STATUS.—Individuals appointed
under section 603, 604, 605, or 606 of this title who are
serving as such Commissioners, other than officers or em-
ployees of the United States Government, shall be considered
to be Federal employees while performing such service, only
for purposes of—
(1) injury compensation under chapter 81 of
title 5, United States Code;
(2) requirements concerning ethics, conflicts of
interest, and corruption as provided under title 18,
United States Code; and
(3) any other criminal or civil statute or regula-
tion governing the conduct of Federal employees.
(b) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), an individual appointed under this title
shall receive no compensation for the individual’s
service as a representative, alternate representative,
scientific expert, or advisory panel member under this
title.
(2) 
SCIENTIFIC
REVIEW
GROUP.—Notwith-
standing paragraph (1), the Secretary may employ
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and fix the compensation of an individual appointed
under section 604(a) to serve as a scientific expert on
the scientific review group who is not employed by the
United States government, a State government, or an
Indian tribal government in accordance with section
3109 of title 5, United States Code.
(c) TRAVEL EXPENSES.—Except as provided in sub-
section (d), the Secretary shall pay the necessary travel ex-
penses of individuals appointed under this title in accord-
ance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code.
(d) JOINT APPOINTEES.—With respect to the 2 inde-
pendent members of the scientific review group and the 2
public advisors to the scientific review group jointly ap-
pointed under section 604(c), and the 1 independent mem-
ber to the joint technical committee jointly appointed under
section 605(b), the Secretary may pay up to 50 percent of—
(1) any compensation paid to such individuals;
and
(2) the necessary travel expenses of such individ-
uals.
SEC. 610. ENFORCEMENT.
(a) IN GENERAL.—The Secretary may—
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(1) administer and enforce this title and any
regulations issued under this title;
(2) request and utilize on a reimbursed or non-
reimbursed basis the assistance, services, personnel,
equipment, and facilities of other Federal depart-
ments and agencies in the administration and en-
forcement of this title; and
(3) collect, utilize, and disclose such information
as may be necessary to implement the Agreement and
this title, subject to sections 552 and 552a of title 5,
United States Code.
(b) PROHIBITED ACTS.—It is unlawful for any person
to violate any provision of this title or the regulations pro-
mulgated under this title.
(c) ACTIONS BY THE SECRETARY.—The Secretary shall
prevent any person from violating this title in the same
manner, by the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable terms and
provisions of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1857) were incorporated
into and made a part of this title. Any person that violates
any provision of this title is subject to the penalties and
entitled to the privileges and immunities provided in the
Magnuson-Stevens Fishery Conservation and Management
Act in the same manner, by the same means, and with the
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same jurisdiction, power, and duties as though all applica-
ble terms and provisions of that Act were incorporated into
and made a part of this title.
(d) PENALTIES.—This title shall be enforced by the
Secretary as if a violation of this title or of any regulation
promulgated by the Secretary under this title were a viola-
tion of section 307 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1857).
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out the obli-
gations of the United States under the Agreement and this
title.
TITLE VII—MISCELLANEOUS
SEC. 701. STUDY OF THE ACIDIFICATION OF THE OCEANS
AND EFFECT ON FISHERIES.
The Secretary of Commerce shall request the National
Research Council to conduct a study of the acidification
of the oceans and how this process affects the United States.
SEC. 702. RULE OF CONSTRUCTION.
(a) IN GENERAL.—Title VI of Public Law 109–295is
amended by adding at the end the following:
‘‘SEC. 699A. RULE OF CONSTRUCTION.
‘‘Nothing in this title, including the amendments made
by this title, may be construed to reduce or otherwise limit
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the authority of the Department of Commerce or the Federal
Communications Commission.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect as though enacted as part of the
Department of Homeland Security Appropriations Act,
2007 (Public Law 109–295).
SEC. 703. PUGET SOUND REGIONAL SHELLFISH SETTLE-
MENT.
(a) FINDINGS AND PURPOSE.—
(1) Findings.—Congress finds that—
(A) the Tribes have established treaty rights
to take shellfish from public and private tide-
lands in Washington State, including from some
lands owned, leased, or otherwise subject to har-
vest by commercial shellfish growers;
(B) the district court that adjudicated the
Tribes’ treaty rights to take shellfish found that
the growers are innocent purchasers who had no
notice of the Tribes’ fishing right when they ac-
quired their properties;
(C) numerous unresolved issues remain out-
standing regarding implementation of the Tribes’
treaty right to take shellfish from lands owned,
leased, or otherwise subject to harvest by the
growers;
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(D) the Tribes, the growers, the State of
Washington, and the United States Department
of the Interior have resolved by a settlement
agreement many of the disputes between and
among them regarding implementation of the
Tribes’ treaty right to take shellfish from covered
tidelands owned or leased by the growers;
(E) the settlement agreement does not pro-
vide for resolution of any claims to take shellfish
from lands owned or leased by the growers that
potentially may be brought in the future by other
Tribes;
(F) in the absence of congressional actions,
the prospect of other Tribes claims to take shell-
fish from lands owned or leased by the growers
could be pursued through the courts, a process
which in all likelihood could consume many
years and thereby promote uncertainty in the
State of Washington and the growers and to the
ultimate detriment of both the Tribes and other
Tribes and their members;
(G) in order to avoid this uncertainty, it is
the intent of Congress that other Tribes have the
option of resolving their claims, if any, to a trea-
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ty right to take shellfish from covered tidelands
owned or leased by the growers; and
(H) this Act represents a good faith effort
on the part of Congress to extend to other Tribes
the same fair and just option of resolving their
claims to take shellfish from covered tidelands
owned or leased by the growers that the Tribes
have agreed to in the settlement agreement.
(2) PURPOSE.—The purposes of this section
are—
(A) to approve, ratify, and confirm the set-
tlement agreement entered into by and among
the Tribes, commercial shellfish growers, the
State of Washington, and the United States;
(B) to provide other Tribes with a fair and
just resolution of any claims to take shellfish
from covered tidelands, as that term is defined in
the settlement agreement, that potentially could
be brought in the future by other Tribes; and
(C) to authorize the Secretary to implement
the terms and conditions of the settlement agree-
ment and this section.
(b) APPROVAL OF SETTLEMENT AGREEMENT.—
(1) IN GENERAL.—The settlement agreement is
hereby approved, ratified, and confirmed, and section
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6 of the settlement agreement, Release of Claims, is
specifically adopted and incorporated into this section
as if fully set forth herein.
(2) AUTHORIZATION
FOR
IMPLEMENTATION.—
The Secretary is hereby authorized to implement the
terms and conditions of the settlement agreement in
accordance with the settlement agreement and this
section.
(c) FUND, SPECIAL HOLDING ACCOUNT, AND CONDI-
TIONS.—
(1) PUGET SOUND REGIONAL SHELLFISH SET-
TLEMENT TRUST FUND.—
(A) There is hereby established in the Treas-
ury of the United States an account to be des-
ignated as the ‘‘Puget Sound Regional Shellfish
Settlement Trust Fund’’. The Secretary shall de-
posit funds in the amount of $22,000,000 at such
time as appropriated pursuant to this section
into the Fund.
(B) The Fund shall be maintained and in-
vested by the Secretary of the Interior pursuant
to the Act of June 24, 1938, (25 U.S.C. 162a)
until such time as all monies are transferred
from the Fund.
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(C) The Secretary shall transfer monies held
in the Fund to each Tribe of the Tribes in the
amounts and manner specified by and in accord-
ance with the payment agreement established
pursuant to the settlement agreement and this
section.
(2) Puget sound regional shellfish settlement spe-
cial holding account.—
(A) There is hereby established in the Treas-
ury of the United States a fund to be designated
as the ‘‘Puget Sound Regional Shellfish Settle-
ment Special Holding Account’’. The Secretary
shall deposit funds in the amount of $1,500,000
into the Special Holding Account in fiscal year
2011 at such time as such funds are appro-
priated pursuant to this section.
(B) The Special Holding Account shall be
maintained and invested by the Secretary of the
Interior pursuant to the Act of June 24, 1938,
(25 U.S.C. 162a) until such time as all monies
are transferred from the Special Holding Ac-
count.
(C) If a court of competent jurisdiction ren-
ders a final decision declaring that any of the
other Tribes has an established treaty right to
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take or harvest shellfish in covered tidelands, as
that term is defined in the settlement agreement,
and such tribe opts to accept a share of the Spe-
cial Holding Account, rather than litigate this
claim against the growers, the Secretary shall
transfer the appropriate share of the monies held
in the Special Holding Account to each such
tribe of the other Tribes in the amounts appro-
priate to compensate the other Tribes in the
same manner and for the same purposes as the
Tribes who are signatory to the settlement agree-
ment. Such a transfer to a tribe shall constitute
full and complete satisfaction of that tribe’s
claims to shellfish on the covered tidelands.
(D) 
The 
Secretary 
may 
retain 
such
amounts of the Special Holding Account as nec-
essary to provide for additional tribes that may
judicially establish their rights to take shellfish
in the covered tidelands within the term of that
Account, provided that the Secretary pays the re-
maining balance to the other Tribes prior to the
expiration of the term of the Special Holding Ac-
count.
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(E) The Tribes shall have no interest,
possessory or otherwise, in the Special Holding
Account.
(F) Twenty years after the deposit of funds
into the Special Holding Account, the Secretary
shall close the Account and transfer the balance
of any funds held in the Special Holding Ac-
count at that time to the Treasury. However, the
Secretary may continue to maintain the Special
Holding Account in order to resolve the claim of
an Other Tribe that has notified the Secretary in
writing within the 20-year term of that Tribe’s
interest in resolving its claim in the manner
provided for in this section.
(G) It is the intent of Congress that the
other Tribes, if any, shall have the option of
agreeing to similar rights and responsibilities as
the Tribes that are signatories to the settlement
agreement, if they opt not to litigate against the
growers.
(3) ANNUAL REPORT.—Each tribe of the Tribes,
or any of the other Tribes accepting a settlement of
its claims to shellfish on covered lands pursuant to
paragraph (2)(C), shall submit to the Secretary an
annual report that describes all expenditures made
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with monies withdrawn from the Fund or Special
Holding Account during the year covered by the re-
port.
(4) JUDICIAL
AND
ADMINISTRATIVE
ACTION.—
The Secretary may take judicial or administrative
action to ensure that any monies withdrawn from the
Fund or Special Holding Account are used in accord-
ance with the purposes described in the settlement
agreement and this section.
(5) 
CLARIFICATION
OF
TRUST
RESPONSI-
BILITY.—Beginning on the date that monies are
transferred to a tribe of the Tribes or a tribe of the
other Tribes pursuant to this section, any trust re-
sponsibility or liability of the United States with re-
spect to the expenditure or investment of the monies
withdrawn shall cease.
(d) STATE OF WASHINGTON PAYMENT.—The Secretary
shall not be accountable for nor incur any liability for the
collection, deposit, management or nonpayment of the State
of Washington payment of $11,000,000 to the Tribes pursu-
ant to the settlement agreement.
(e) RELEASE OF OTHER TRIBES CLAIMS.—
(1) RIGHT TO BRING ACTIONS.—As of the date of
enactment of this section, all right of any other Tribes
to bring an action to enforce or exercise its treaty
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rights to take shellfish from public and private tide-
lands in Washington State, including from some
lands owned, leased, or otherwise subject to harvest by
any and all growers shall be determined in accord-
ance with the decisions of the Courts of the United
States in United States v. Washington, Civ. No. 9213
(Western District of Washington).
(2) CERTAIN
RIGHTS
GOVERNED
BY
THIS
SEC-
TION.—If a tribe falling within the other Tribes cat-
egory opts to resolve its claims to take shellfish from
covered tidelands owned or leased by the growers pur-
suant to subsection (c)(2)(C) of this section, that
tribe’s rights shall be governed by this section, as well
as by the decisions of the Courts in United States v.
Washington, Civ. No. 9213.
(3) NO
BREACH
OF
TRUST.—Notwithstanding
whether the United States has a duty to initiate such
an action, the failure or declination by the United
States to initiate any action to enforce any other
Tribe’s or other Tribes’ treaty rights to take shellfish
from public and private tidelands in Washington
State, including from covered tidelands owned, leased,
or otherwise subject to harvest by any and all growers
shall not constitute a breach of trust by the United
States or be compensable to other Tribes.
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(f) CAUSE OF ACTION.—If any payment by the United
States is not paid in the amount or manner specified by
this section, or is not paid within 6 months after the date
specified by the settlement agreement, such failure shall give
rise to a cause of action by the Tribes either individually
or collectively against the United States for money damages
for the amount authorized but not paid to the Tribes, and
the Tribes, either individually or collectively, are authorized
to bring an action against the United States in the United
States Court of Federal Claims for such funds plus interest.
(g) DEFINITIONS.—In this section:
(1) FUND.—The term ‘‘Fund’’ means the Puget
Sound Shellfish Settlement Trust Fund Account es-
tablished by this section.
(2) GROWERS.—The term ‘‘growers’’ means Tay-
lor United, Inc.; Olympia Oyster Company; G.R.
Clam 
& 
Oyster 
Farm; 
Cedric 
E. 
Lindsay;
Minterbrook Oyster Company; Charles and Willa
Murray; Skookum Bay Oyster Company; J & G
Gunstone Clams, Inc.; and all persons who qualify as
‘growers’ in accordance with and pursuant to the set-
tlement agreement.
(3) OTHER TRIBES.—The term ‘‘other Tribes’’
means any federally recognized Indian nation or tribe
other than the Tribes described in paragraph (6) that,
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within 20 years after the deposit of funds in the Spe-
cial Holding Account, establishes a legally enforceable
treaty right to take shellfish from covered tidelands
described in the settlement agreement, owned, leased
or otherwise subject to harvest by those persons or en-
tities that qualify as growers.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) SETTLEMENT AGREEMENT.— The term ‘‘set-
tlement agreement’’ means the settlement agreement
entered into by and between the Tribes, commercial
shellfish growers, the State of Washington and the
United States, to resolve certain disputes between and
among them regarding implementation of the Tribes’
treaty right to take shellfish from certain covered tide-
lands owned, leased or otherwise subject to harvest by
the growers.
(6) TRIBES.—The term ‘‘Tribes’’ means the fol-
lowing federally recognized Tribes that executed the
settlement agreement: Tulalip, Stillaguamish, Sauk
Suiattle, 
Puyallup, 
Squaxin 
Island, 
Makah,
Muckleshoot, Upper Skagit, Nooksack, Nisqually,
Skokomish, Port Gamble S’Klallam, Lower Elwha
Klallam, Jamestown S’Klallam, and Suquamish
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Tribes, the Lummi Nation, and the Swinomish In-
dian Tribal Community.
(7) SPECIAL
HOLDING
ACCOUNT.—The term
‘‘Special Holding Account’’ means the Puget Sound
Shellfish Settlement Special Holding Account estab-
lished by this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $23,500,000 to carry out this
section—
(A) $2,000,000 for fiscal year 2007;
(B) $5,000,000 for each of fiscal years 2008
through 2010; and
(C) $6,500,000 for fiscal year 2011.
TITLE VIII—TSUNAMI WARNING
AND EDUCATION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Tsunami Warning and
Education Act’’.
SEC. 802. DEFINITIONS.
In this title:
(1) The term ‘‘Administration’’ means the Na-
tional Oceanic and Atmospheric Administration.
(2) The term ‘‘Administrator’’ means the Admin-
istrator of the National Oceanic and Atmospheric Ad-
ministration.
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SEC. 803. PURPOSES.
The purposes of this title are—
(1) to improve tsunami detection, forecasting,
warnings, notification, outreach, and mitigation to
protect life and property in the United States;
(2) to enhance and modernize the existing Pa-
cific Tsunami Warning System to increase coverage,
reduce false alarms, and increase the accuracy of fore-
casts and warnings, and to expand detection and
warning systems to include other vulnerable States
and United States territories, including the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico areas;
(3) to improve mapping, modeling, research, and
assessment efforts to improve tsunami detection, fore-
casting, warnings, notification, outreach, mitigation,
response, and recovery;
(4) to improve and increase education and out-
reach activities and ensure that those receiving tsu-
nami warnings and the at-risk public know what to
do when a tsunami is approaching;
(5) to provide technical and other assistance to
speed international efforts to establish regional tsu-
nami warning systems in vulnerable areas worldwide,
including the Indian Ocean; and
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(6) to improve Federal, State, and international
coordination for detection, warnings, and outreach for
tsunami and other coastal impacts.
SEC. 804. TSUNAMI FORECASTING AND WARNING PROGRAM.
(a) IN GENERAL.—The Administrator, through the
National Weather Service and in consultation with other
relevant Administration offices, shall operate a program to
provide tsunami detection, forecasting, and warnings for
the Pacific and Arctic Ocean regions and for the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico region.
(b) COMPONENTS.—The program under this section
shall—
(1) include the tsunami warning centers estab-
lished under subsection (d);
(2) utilize and maintain an array of robust tsu-
nami detection technologies;
(3) maintain detection equipment in operational
condition to fulfill the detection, forecasting, and
warning requirements of this title;
(4) provide tsunami forecasting capability based
on models and measurements, including tsunami in-
undation models and maps for use in increasing the
preparedness of communities, including through the
TsunamiReady program;