419
(b) FINDINGS.—Section 802(a) of the Atlantic Coast-
al Fisheries Cooperative Management Act (16 U.S.C. 
5101(a)) is amended by adding at the end the following: 
‘‘(7) The understanding of the interactions of 
species in the maritime environment and the devel-
opment of ecosystems-based approaches to fishery 
conservation and management lead to better stew-
ardship and sustainability of coastal fishery re-
sources. 
‘‘(8) Federal and State scientists should gather 
information on the interaction of species in the ma-
rine environment and provide this scientific informa-
tion to Federal and State managers.’’. 
(c) PURPOSE.—Section 802(b) of such Act (16 
U.S.C. 5101(b)) is amended to read as follows: 
‘‘(b) PURPOSE.—The purpose of this title is to sup-
port and encourage the development, implementation, and 
enforcement of effective interstate conservation and man-
agement of Atlantic coastal fishery resources through the 
use of sound science and multispecies, adaptive, and eco-
system-based management measures.’’. 
(d) STATE-FEDERAL COOPERATION IN MULTISPE-
CIES AND ECOSYSTEMS INTERACTION RESEARCH.—Sec-
tion 804(a) of such Act (16 U.S.C. 5103(a)) is amended
420
by inserting ‘‘multispecies and ecosystems interaction re-
search;’’ after ‘‘biological and socioeconomic research;’’. 
(e) ASSISTANCE FOR RESEARCH REGARDING INTER-
RELATIONSHIPS AMONG ATLANTIC COASTAL FISHERY 
RESOURCES AND THEIR ECOSYSTEMS.—Section 808 of 
such Act (16 U.S.C. 5107) is amended by striking ‘‘and’’ 
after the semicolon at the end of paragraph (1), redesig-
nating paragraph (2) as paragraph (3), and inserting after 
paragraph (1) the following: 
‘‘(2) research to understand the interrelation-
ships among Atlantic coastal fishery resources and 
their ecosystems; and’’. 
SEC. 5026. REAUTHORIZATION OF THE ATLANTIC TUNAS 
CONVENTION ACT OF 1975. 
Section 10 of the Atlantic Tunas Convention Act of 
1975 (16 U.S.C. 971h) is amended to read as follows: 
‘‘AUTHORIZATION OF APPROPRIATIONS 
‘‘SEC. 10. (a) IN GENERAL.—There are authorized 
to be appropriated to carry out this Act, including use for 
payment of the United States share of the joint expenses 
of the Commission as provided in Article X of the Conven-
tion, the following sums: 
‘‘(1) For each of fiscal years 2002, 2003, and 
2004, $5,480,000. 
‘‘(2) For each of fiscal years 2005 and 2006, 
$5,495,000.
421
‘‘(b) ALLOCATION.—Of amounts available under this 
section for each fiscal year—
‘‘(1) $150,000 are authorized for the advisory 
committee established under section 4 and the spe-
cies working groups established under section 4A; 
and 
‘‘(2) $4,240,000 are authorized for research ac-
tivities under this Act and the Act of September 4, 
1980 (16 U.S.C. 971i).’’. 
SEC. 5027. REAUTHORIZATION OF THE NORTHWEST ATLAN-
TIC FISHERIES CONVENTION ACT OF 1995. 
Section 211 of the Northwest Atlantic Fisheries Con-
vention Act of 1995 (16 U.S.C. 5610) is amended by strik-
ing ‘‘2001’’ and inserting ‘‘2006’’. 
SEC. 5028. EXTENSION OF DEADLINE. 
(a) EXTENSION OF DEADLINE.—The Oceans Act of 
2000 (Public Law 106–256) is amended—
(1) in section 3(i) (114 Stat. 648) by striking 
‘‘30 days’’ and inserting ‘‘90 days’’; and 
(2) in section 4(a) (114 Stat. 648; 33 U.S.C. 
857–19 note) by striking ‘‘120 days’’ and inserting 
‘‘90 days’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
3(j) of such Act (114 Stat. 648) is amended by striking 
‘‘$6,000,000’’ and inserting ‘‘$8,500,000’’.
422
(c) TECHNICAL CORRECTIONS.—Section 3(e) of such 
Act (114 Stat. 646) is amended—
(1) in paragraph (1) by striking the colon in 
the third sentence and inserting a period; 
(2) by inserting immediately after such period 
the following: 
‘‘(2) NOTICE; MINUTES; PUBLIC AVAILABILITY 
OF DOCUMENTS.—’’; and 
(3) by redesignating the subsequent paragraphs 
in order as paragraphs (3) and (4), respectively.
TITLE II—NATIONAL SEA GRANT 
COLLEGE PROGRAM 
SEC. 5201. SHORT TITLE. 
This Act may be cited as the ‘‘National Sea Grant 
College Program Act Amendments of 2002’’. 
SEC. 5202. AMENDMENTS TO FINDINGS. 
Section 202(a)(6) of the National Sea Grant College 
Program Act (33 U.S.C. 1121(a)(6)) is amended by strik-
ing the period at the end and inserting ‘‘, including strong 
collaborations between Administration scientists and sci-
entists at academic institutions.’’.
423
SEC. 5203. REQUIREMENTS APPLICABLE TO NATIONAL SEA 
GRANT COLLEGE PROGRAM. 
(a) QUADRENNIAL STRATEGIC PLAN.—Section 204 
(c)(1) of the National Sea Grant College Program Act (33 
U.S.C. 1123 (c)(1)) is amended to read as follows: 
‘‘(1) The Secretary, in consultation with the 
panel, sea grant colleges, and sea grant institutes, 
shall develop at least every 4 years a strategic plan 
that establishes priorities for the national sea grant 
college program, provides an appropriately balanced 
response to local, regional, and national needs, and 
is reflective of integration with the relevant portions 
of the strategic plans of the Department of Com-
merce and of the Administration.’’.
(b) PROGRAM EVALUATION AND RATING.—
(1) 
EVALUATION
AND
RATING
REQUIRE-
MENT.—Section 204(d)(3)(A) of the National Sea 
Grant 
College 
Program 
Act 
(33 
U.S.C. 
1123(d)(3)(A)) is amended to read as follows: 
‘‘(A)(i) evaluate the performance of the 
programs of sea grant colleges and sea grant 
institutes, using the priorities, guidelines, and 
qualifications established by the Secretary 
under subsection (c), and determine which of 
the programs are the best managed and carry
424
out the highest quality research, education, ex-
tension, and training activities; and 
‘‘(ii) rate the programs according to their 
relative performance (as determined under 
clause (i)) into no less than 5 categories, with 
each of the 2 best-performing categories con-
taining no more than 25 percent of the pro-
grams;’’. 
(2) REVIEW
OF
EVALUATION
AND
RATING 
PROCESS.—(A) After 3 years after the date of the 
enactment of this Act, the Secretary of Commerce, 
acting through the Under Secretary of Commerce 
for Oceans and Atmosphere, shall contract with the 
National Academy of Sciences—
(i) to review the effectiveness of the eval-
uation and rating system under the amendment 
made by paragraph (1) in determining the rel-
ative performance of programs of sea grant col-
leges and sea grant institutes; 
(ii) to evaluate whether the sea grant pro-
grams have improved as a result of the evalua-
tion process; and 
(iii) to make appropriate recommendations 
to improve the overall effectiveness of the eval-
uation process.
425
(B) The National Academy of Sciences shall 
submit a report to the Congress on the findings and 
recommendations of the panel under subparagraph 
(A) by not later than 4 years after the date of the 
enactment of this Act. 
(c) 
ALLOCATION
OF
FUNDING.—Section 
204(d)(3)(B) of the National Sea Grant College Program 
Act (33 U.S.C. 1123(d)(3)(B)) is amended by striking 
‘‘and’’ after the semicolon at the end of clause (ii) and 
by adding at the end the following: 
‘‘(iv) encourage and promote coordi-
nation and cooperation between the re-
search, education, and outreach programs 
of the Administration and those of aca-
demic institutions; and’’. 
SEC. 5204. COST SHARE. 
Section 205(a) of the National Sea Grant College 
Program Act (33 U.S.C. 1124(a)) is amended by striking 
‘‘section 204(d)(6)’’ and inserting ‘‘section 204(c)(4)(F)’’. 
SEC. 5205. FELLOWSHIPS. 
(a) ENSURING EQUAL ACCESS.—Section 208(a) of 
the National Sea Grant College Program Act (33 U.S.C. 
1127(a)) is amended by adding at the end the following: 
‘‘The Secretary shall strive to ensure equal access for mi-
nority and economically disadvantaged students to the
426
program carried out under this subsection. Not later than 
1 year after the date of the enactment of the National 
Sea Grant College Program Act Amendments of 2002, 
and every 2 years thereafter, the Secretary shall submit 
a report to the Congress describing the efforts by the Sec-
retary to ensure equal access for minority and economi-
cally disadvantaged students to the program carried out 
under this subsection, and the results of such efforts.’’. 
(b) POSTDOCTORAL FELLOWS.—Section 208(c) of 
the National Sea Grant College Program Act (33 U.S.C. 
1127(c)) is repealed. 
SEC. 5206. TERMS OF MEMBERSHIP FOR SEA GRANT RE-
VIEW PANEL. 
Section 209(c)(2) of the National Sea Grant College 
Program Act (33 U.S.C. 1128(c)(2)) is amended by strik-
ing the first sentence and inserting the following: ‘‘The 
term of office of a voting member of the panel shall be 
3 years for a member appointed before the date of enact-
ment of the National Sea Grant College Program Act 
Amendments of 2002, and 4 years for a member ap-
pointed or reappointed after the date of enactment of the 
National Sea Grant College Program Act Amendments of 
2002. The Director may extend the term of office of a 
voting member of the panel appointed before the date of
427
enactment of the National Sea Grant College Program Act 
Amendments of 2002 by up to 1 year.’’. 
SEC. 5207. AUTHORIZATION OF APPROPRIATIONS. 
Subsections (a), (b), and (c) of section 212 of the 
National Sea Grant College Program Act (33 U.S.C. 
1131) are amended to read as follows: 
‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out this 
title—
‘‘(A) $60,000,000 for fiscal year 2003; 
‘‘(B) $75,000,000 for fiscal year 2004; 
‘‘(C) $77,500,000 for fiscal year 2005; 
‘‘(D) $80,000,000 for fiscal year 2006; 
‘‘(E) $82,500,000 for fiscal year 2007; and 
‘‘(F) $85,000,000 for fiscal year 2008. 
‘‘(2) PRIORITY ACTIVITIES.—In addition to the 
amounts authorized under paragraph (1), there are 
authorized to be appropriated for each of fiscal years 
2003 through 2008—
‘‘(A) $5,000,000 for competitive grants for 
university research on the biology and control 
of zebra mussels and other important aquatic 
nonnative species;
428
‘‘(B) $5,000,000 for competitive grants for 
university research on oyster diseases, oyster 
restoration, and oyster-related human health 
risks; 
‘‘(C) $5,000,000 for competitive grants for 
university research on the biology, prevention, 
and forecasting of harmful algal blooms, includ-
ing Pfiesteria piscicida; and 
‘‘(D) $3,000,000 for competitive grants for 
fishery extension activities conducted by sea 
grant colleges or sea grant institutes to en-
hance, and not supplant, existing core program 
funding. 
‘‘(b) LIMITATIONS.—
‘‘(1) ADMINISTRATION.—There may not be 
used for administration of programs under this title 
in a fiscal year more than 5 percent of the lesser 
of—
‘‘(A) the amount authorized to be appro-
priated under this title for the fiscal year; or 
‘‘(B) the amount appropriated under this 
title for the fiscal year. 
‘‘(2) USE
FOR
OTHER
OFFICES
OR
PRO-
GRAMS.—Sums appropriated under the authority of 
subsection (a)(2) shall not be available for adminis-
429
tration of this title by the National Sea Grant Of-
fice, for any other Administration or department 
program, or for any other administrative expenses. 
‘‘(c) DISTRIBUTION OF FUNDS.—In any fiscal year 
in which the appropriations made under subsection (a)(1) 
exceed the amounts appropriated for fiscal year 2003 for 
the purposes described in such subsection, the Secretary 
shall distribute any excess amounts (except amounts used 
for the administration of the sea grant program) to any 
combination of the following:
‘‘(1) Sea grant programs, according to their 
rating under section 204(d)(3)(A). 
‘‘(2) National strategic investments authorized 
under section 204(b)(4). 
‘‘(3) A college, university, institution, associa-
tion, or alliance for activities that are necessary for 
it to be designated as a sea grant college or sea 
grant institute. 
‘‘(4) A sea grant college or sea grant institute 
designated after the date of enactment of the Na-
tional Sea Grant College Program Act Amendments 
of 2002 but not yet evaluated under section 
204(d)(3)(A).’’.
430
SEC. 5208. ANNUAL REPORT ON PROGRESS IN BECOMING 
DESIGNATED AS SEA GRANT COLLEGES AND 
SEA GRANT INSTITUTES. 
Section 207 of the National Sea Grant College Pro-
gram Act (16 U.S.C. 1126) is amended by adding at the 
end the following: 
‘‘(e) ANNUAL REPORT ON PROGRESS.—
‘‘(1) REPORT
REQUIREMENT.—The Secretary 
shall report annually to the Committee on Resources 
and the Committee on Science of the House of Rep-
resentatives, and to the Committee on Commerce, 
Science, and Transportation of the Senate, on ef-
forts and progress made by colleges, universities, in-
stitutions, associations, and alliances to become des-
ignated under this section as sea grant colleges or 
sea grant institutes, including efforts and progress 
made by sea grant institutes in being designated as 
sea grant colleges. 
‘‘(2) TERRITORIES
AND
FREELY
ASSOCIATED 
STATES.—The report shall include description of—
‘‘(A) efforts made by colleges, universities, 
associations, institutions, and alliances in 
United States territories and freely associated 
States to develop the expertise necessary to be 
designated as a sea grant institute or sea grant 
college;
431
‘‘(B) the administrative, technical, and fi-
nancial assistance provided by the Secretary to 
those entities seeking to be designated; and 
‘‘(C) the additional actions or activities 
necessary for those entities to meet the quali-
fications for such designation under subsection 
(a)(1).’’. 
SEC. 5209. COORDINATION. 
Not later than February 15 of each year, the Under 
Secretary of Commerce for Oceans and Atmosphere and 
the Director of the National Science Foundation shall 
jointly submit to the Committees on Resources and 
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on how the oceans and coastal research 
activities of the National Oceanic and Atmospheric Ad-
ministration, including the Coastal Ocean Program and 
the National Sea Grant College Program, and of the Na-
tional Science Foundation will be coordinated during the 
fiscal year following the fiscal year in which the report 
is submitted. The report shall describe in detail any over-
lapping ocean and coastal research interests between the 
agencies and specify how such research interests will be 
pursued by the programs in a complementary manner.
432
TITLE III—NOAA COMMISSIONED 
OFFICER CORPS
SEC. 5300. SHORT TITLE. 
This title may be cited as the ‘‘National Oceanic and 
Atmospheric Administration Commissioned Officer Corps 
Act of 2002’’.
Subtitle A—General Provisions 
SEC. 5301. COMMISSIONED OFFICER CORPS. 
There shall be in the National Oceanic and Atmos-
pheric Administration a commissioned officer corps.
SEC. 5302. DEFINITIONS. 
(a) APPLICABILITY OF DEFINITIONS IN TITLE 10, 
UNITED STATES CODE.—Except as provided in subsection 
(b), the definitions provided in section 101 of title 10, 
United States Code, apply to the provisions of this title. 
(b) ADDITIONAL DEFINITIONS.—In this title: 
(1) ACTIVE
DUTY.—The term ‘‘active duty’’ 
means full-time duty in the active service of a uni-
formed service. 
(2) GRADE.—The term ‘‘grade’’ means a step 
or degree, in a graduated scale of office or rank, 
that is established and designated as a grade by law 
or regulation. 
(3) OFFICER.—The term ‘‘officer’’ means an 
officer of the commissioned corps.
433
(4) FLAG OFFICER.—The term ‘‘flag officer’’ 
means an officer serving in, or having the grade of, 
vice admiral, rear admiral, or rear admiral (lower 
half). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(6) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric 
Administration. 
SEC. 5303. AUTHORIZED NUMBER ON THE ACTIVE LIST. 
(a) ANNUAL STRENGTH ON ACTIVE LIST.—The an-
nual strength of the commissioned corps in officers on the 
lineal list of active duty officers of the corps shall be pre-
scribed by law. 
(b) LINEAL LIST.—The Secretary shall maintain a 
list, known as the ‘‘lineal list’’, of officers on active duty. 
Officers shall be carried on the lineal list by grade and, 
within grade, by seniority in grade.
SEC. 5304. STRENGTH AND DISTRIBUTION IN GRADE. 
(a) RELATIVE RANK; PROPORTION.—Of the total au-
thorized number of officers on the lineal list of the com-
missioned corps, there are authorized numbers in perma-
nent grade, in relative rank with officers of the Navy, in 
proportions as follows: 
(1) 8 in the grade of captain.
434
(2) 14 in the grade of commander. 
(3) 19 in the grade of lieutenant commander. 
(4) 23 in the grade of lieutenant. 
(5) 18 in the grade of lieutenant (junior grade). 
(6) 18 in the grade of ensign.
(b) COMPUTATION OF NUMBER IN GRADE.—
(1) IN GENERAL.—Subject to paragraph (2), 
whenever a final fraction occurs in computing the 
authorized number of officers in a grade, the nearest 
whole number shall be taken, and if the fraction is 
one-half the next higher whole number shall be 
taken. 
(2) LIMITATION ON INCREASE IN TOTAL NUM-
BER.—The total number of officers on the lineal list 
authorized by law may not be increased as the result 
of the computations prescribed in this section, and 
if necessary the number of officers in the lowest 
grade shall be reduced accordingly. 
(c) PRESERVATION OF GRADE AND PAY, ETC.—No 
officer may be reduced in grade or pay or separated from 
the commissioned corps as the result of a computation 
made to determine the authorized number of officers in 
the various grades. 
(d) FILLING
OF VACANCIES; ADDITIONAL NUM-
BERS.—Nothing in this section may be construed as re-
435
quiring the filling of any vacancy or as prohibiting addi-
tional numbers in any grade to compensate for vacancies 
existing in higher grades. 
(e) TEMPORARY INCREASE IN NUMBERS.—The total 
number of officers authorized by law to be on the lineal 
list during a fiscal year may be temporarily exceeded so 
long as the average number on that list during that fiscal 
year does not exceed the authorized number. 
SEC. 5305. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 
THROUGH 2008. 
There are authorized to be not less than 264 and not 
more than 299 officers on the lineal list of the commis-
sioned corps of the National Oceanic and Atmospheric Ad-
ministration for each of fiscal years 2003 through 2008. 
Subtitle B—Appointment and 
Promotion of Officers
SEC. 5311. ORIGINAL APPOINTMENTS. 
(a) IN GENERAL.—
(1) GRADES.—Original appointments may be 
made in the grades of ensign, lieutenant (junior 
grade), and lieutenant. 
(2) QUALIFICATIONS.—Under regulations pre-
scribed by the Secretary, such an appointment may 
be given only to a person who—
436
(A) meets the qualification requirements 
specified in paragraphs (1) through (4) of sec-
tion 532(a) of title 10, United States Code; and 
(B) has such other special qualifications as 
the Secretary may prescribe by regulation. 
(3) EXAMINATION.—A person may be given 
such an appointment only after passage of a mental 
and physical examination given in accordance with 
regulations prescribed by the Secretary. 
(4) REVOCATION OF COMMISSION OF OFFICERS 
FOUND NOT QUALIFIED.—The President may revoke 
the commission of any officer appointed under this 
section during the officer’s first three years of serv-
ice if the officer is found not qualified for the serv-
ice. Any such revocation shall be made under regula-
tions prescribed by the President. 
(b) LINEAL LIST.—Each person appointed under this 
section shall be placed on the lineal list in a position com-
mensurate with that person’s age, education, and experi-
ence, in accordance with regulations prescribed by the Sec-
retary. 
(c) SERVICE CREDIT UPON ORIGINAL APPOINTMENT 
IN GRADE ABOVE ENSIGN.—
(1) IN GENERAL.—For the purposes of basic 
pay, a person appointed under this section in the
437
grade of lieutenant shall be credited as having, on 
the date of that appointment, three years of service, 
and a person appointed under this section in the 
grade of lieutenant (junior grade) shall be credited 
as having, as of the date of that appointment, 11⁄2 
years of service. 
(2) HIGHER CREDIT UNDER OTHER LAW.—If a 
person appointed under this section is entitled to 
credit for the purpose of basic pay under any other 
provision of law that would exceed the amount of 
credit authorized by paragraph (1), that person shall 
be credited with that amount of service in lieu of the 
credit authorized by paragraph (1).
SEC. 5312. PERSONNEL BOARDS. 
(a) CONVENING.—At least once a year and at such 
other times as the Secretary determines necessary, the 
Secretary shall convene a personnel board. A personnel 
board shall consist of not less than five officers on the 
lineal list in the permanent grade of commander or above. 
(b) DUTIES.—Each personnel board shall—
(1) recommend to the Secretary such changes 
in the lineal list as the board may determine; and 
(2) make selections and recommendations to 
the Secretary and President for the appointment, 
promotion, separation, continuation, and retirement
438
of officers as prescribed in this subtitle and subtitle 
C. 
(c) ACTION ON RECOMMENDATIONS NOT ACCEPT-
ABLE.—In a case in which any recommendation by a 
board convened under subsection (a) is not accepted by 
the Secretary or the President, the board shall make such 
further recommendations as are acceptable.
SEC. 5313. PROMOTION OF ENSIGNS TO GRADE OF LIEU-
TENANT (JUNIOR GRADE). 
(a) IN GENERAL.—An officer in the permanent grade 
of ensign shall be promoted to and appointed in the grade 
of lieutenant (junior grade) upon completion of three years 
of service. The authorized number of officers in the grade 
of lieutenant (junior grade) shall be temporarily increased 
as necessary to authorize such appointment. 
(b) SEPARATION OF ENSIGNS FOUND NOT FULLY 
QUALIFIED.—If an officer in the permanent grade of en-
sign is at any time found not fully qualified, the officer’s 
commission shall be revoked and the officer shall be sepa-
rated from the commissioned service.
SEC. 5314. PROMOTION BY SELECTION TO PERMANENT 
GRADES 
ABOVE 
LIEUTENANT 
(JUNIOR 
GRADE). 
Promotion to fill vacancies in each permanent grade 
above the grade of lieutenant (junior grade) shall be made
439
by selection from the next lower grade upon recommenda-
tion of the personnel board.
SEC. 5315. LENGTH OF SERVICE FOR PROMOTION PUR-
POSES. 
(a) GENERAL RULE.—Each officer shall be assumed 
to have, for promotion purposes, at least the same length 
of service as any other officer below that officer on the 
lineal list. 
(b) EXCEPTION.—Notwithstanding subsection (a), an 
officer who has lost numbers shall be assumed to have, 
for promotion purposes, no greater service than the officer 
next above such officer in such officer’s new position on 
the lineal list.
SEC. 5316. APPOINTMENTS AND PROMOTIONS TO PERMA-
NENT GRADES. 
Appointments in and promotions to all permanent 
grades shall be made by the President, by and with the 
advice and consent of the Senate.
SEC. 5317. GENERAL QUALIFICATION OF OFFICERS FOR 
PROMOTION 
TO 
HIGHER 
PERMANENT 
GRADE. 
No officer may be promoted to a higher permanent 
grade on the active list until the officer has passed a satis-
factory mental and physical examination in accordance 
with regulations prescribed by the Secretary.
440
SEC. 5318. POSITIONS OF IMPORTANCE AND RESPONSI-
BILITY. 
(a) DESIGNATION
OF POSITIONS.—The Secretary 
may designate positions in the Administration as being po-
sitions of importance and responsibility for which it is ap-
propriate that officers of the Administration, if serving in 
those positions, serve in the grade of vice admiral, rear 
admiral, or rear admiral (lower half), as designated by the 
Secretary for each position. 
(b) ASSIGNMENT OF OFFICERS TO DESIGNATED PO-
SITIONS.—The Secretary may assign officers to positions 
designated under subsection (a). 
(c) DIRECTOR OF NOAA CORPS AND OFFICE OF MA-
RINE AND AVIATION OPERATIONS.—The Secretary shall 
designate one position under this section as responsible 
for oversight of the vessel and aircraft fleets and for the 
administration of the commissioned officer corps. That po-
sition shall be filled by an officer on the lineal list serving 
in or above the grade of rear admiral (lower half). For 
the specific purpose of administering the commissioned of-
ficer corps, that position shall carry the title of Director 
of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps. For the specific purpose of 
administering the vessel and aircraft fleets, that position 
shall carry the title of Director of the Office of Marine 
and Aviation Operations.
441
(d) GRADE.—
(1) TEMPORARY APPOINTMENT TO GRADE DES-
IGNATED FOR POSITION.—An officer assigned to a 
position under this section while so serving has the 
grade designated for that position, if appointed to 
that grade by the President, by and with the advice 
and consent of the Senate. 
(2) REVERSION
TO
PERMANENT
GRADE.—An 
officer who has served in a grade above captain, 
upon termination of the officer’s assignment to the 
position for which that appointment was made, shall, 
unless appointed or assigned to another position for 
which a higher grade is designated, revert to the 
grade and number the officer would have occupied 
but for serving in a grade above that of captain. In 
such a case, the officer shall be an extra number in 
that grade. 
(e) NUMBER OF OFFICERS APPOINTED.—
(1) OVERALL LIMIT.—The total number of offi-
cers serving on active duty at any one time in the 
grade of rear admiral (lower half) or above may not 
exceed four. 
(2) LIMIT BY GRADE.—The number of officers 
serving on active duty under appointments under 
this section may not exceed—
442
(A) one in the grade of vice admiral; 
(B) two in the grade of rear admiral; and 
(C) two in the grade of rear admiral (lower 
half). 
(f) PAY AND ALLOWANCES.—An officer appointed to 
a grade under this section, while serving in that grade, 
shall have the pay and allowances of the grade to which 
appointed. 
(g) EFFECT OF APPOINTMENT.—An appointment of 
an officer under this section—
(1) does not vacate the permanent grade held 
by the officer; and 
(2) creates a vacancy on the active list.
SEC. 5319. TEMPORARY APPOINTMENTS AND PROMOTIONS 
GENERALLY. 
(a) ENSIGN.—Temporary appointments in the grade 
of ensign may be made by the President alone. Each such 
temporary appointment terminates at the close of the next 
regular session of the Congress unless the Senate sooner 
gives its advice and consent to the appointment. 
(b) LIEUTENANT (JUNIOR GRADE).—Officers in the 
permanent grade of ensign may be temporarily promoted 
to and appointed in the grade of lieutenant (junior grade) 
by the President alone whenever vacancies exist in higher 
grades.
443
(c) ANY ONE GRADE.—When determined by the Sec-
retary to be in the best interest of the service, officers 
in any permanent grade may be temporarily promoted one 
grade by the President alone. Any such temporary pro-
motion terminates upon the transfer of the officer to a 
new assignment.
SEC. 5320. TEMPORARY APPOINTMENT OR ADVANCEMENT 
OF COMMISSIONED OFFICERS IN TIME OF 
WAR OR NATIONAL EMERGENCY. 
(a) IN GENERAL.—Officers of the Administration 
shall be subject in like manner and to the same extent 
as personnel of the Navy to all laws authorizing temporary 
appointment or advancement of commissioned officers in 
time of war or national emergency. 
(b) LIMITATIONS.—Subsection (a) shall be applied 
subject to the following limitations: 
(1) A commissioned officer in the service of a 
military department under section 5341 may, upon 
the recommendation of the Secretary of the military 
department concerned, be temporarily promoted to a 
higher rank or grade. 
(2) A commissioned officer in the service of the 
Administration may be temporarily promoted to fill 
vacancies in ranks and grades caused by the transfer
444
of commissioned officers to the service and jurisdic-
tion of a military department under section 5341. 
(3) Temporary appointments may be made in 
all grades to which original appointments in the Ad-
ministration are authorized, except that the number 
of officers holding temporary appointments may not 
exceed the number of officers transferred to a mili-
tary department under section 5341.
SEC. 5321. PAY AND ALLOWANCES; DATE OF ACCEPTANCE 
OF PROMOTION. 
(a) ACCEPTANCE AND DATE OF PROMOTION.—An of-
ficer of the commissioned corps who is promoted to a high-
er grade—
(1) is deemed for all purposes to have accepted 
the promotion upon the date the promotion is made 
by the President, unless the officer expressly declines 
the promotion; and 
(2) shall receive the pay and allowances of the 
higher grade from that date unless the officer is en-
titled under another provision of law to receive the 
pay and allowances of the higher grade from an ear-
lier date. 
(b) OATH OF OFFICE.—An officer who subscribed to 
the oath of office required by section 3331 of title 5, 
United States Code, shall not be required to renew such
445
oath or to take a new oath upon promotion to a higher 
grade, if the service of the officer after the taking of such 
oath is continuous.
SEC. 5322. SERVICE CREDIT AS DECK OFFICER OR JUNIOR 
ENGINEER FOR PROMOTION PURPOSES. 
For purposes of promotion, there shall be counted in 
addition to active commissioned service, service as deck 
officer or junior engineer. 
SEC. 5323. SUSPENSION DURING WAR OR EMERGENCY. 
In time of emergency declared by the President or 
by the Congress, and in time of war, the President is au-
thorized, in the President’s discretion, to suspend the op-
eration of all or any part of the provisions of law per-
taining to promotion of commissioned officers of the Ad-
ministration. 
Subtitle C—Separation and 
Retirement of Officers
SEC. 5331. INVOLUNTARY RETIREMENT OR SEPARATION. 
(a) TRANSFER OF OFFICERS TO RETIRED LIST; SEP-
ARATION FROM SERVICE.—As recommended by a per-
sonnel board convened under section 5312—
(1) an officer in the permanent grade of captain 
or commander may be transferred to the retired list; 
and
446
(2) an officer in the permanent grade of lieu-
tenant commander, lieutenant, or lieutenant (junior 
grade) who is not qualified for retirement may be 
separated from the service. 
(b) COMPUTATIONS.—In any fiscal year, the total 
number of officers selected for retirement or separation 
under subsection (a) plus the number of officers retired 
for age may not exceed the whole number nearest 4 per-
cent of the total number of officers authorized to be on 
the active list, except as otherwise provided by law. 
(c) EFFECTIVE DATE OF RETIREMENTS AND SEPA-
RATIONS.—A retirement or separation under subsection 
(a) shall take effect on the first day of the sixth month 
beginning after the date on which the Secretary approves 
the retirement or separation, except that if the officer con-
cerned requests an earlier retirement or separation date, 
the date shall be as determined by the Secretary. 
SEC. 5332. SEPARATION PAY. 
(a) AUTHORIZATION OF PAYMENT.—An officer who 
is separated under section 5331(a)(2) and who has com-
pleted more than three years of continuous active service 
immediately before that separation is entitled to separa-
tion pay computed under subsection (b) unless the Sec-
retary determines that the conditions under which the offi-
cer is separated do not warrant payment of that pay.
447
(b) AMOUNT OF SEPARATION PAY.—
(1) SIX OR MORE YEARS.—In the case of an of-
ficer who has completed six or more years of contin-
uous active service immediately before that separa-
tion, the amount of separation pay to be paid to the 
officer under this section is 10 percent of the prod-
uct of—
(A) the years of active service creditable to 
the officer; and 
(B) 12 times the monthly basic pay to 
which the officer was entitled at the time of 
separation. 
(2) THREE TO SIX YEARS.—In the case of an 
officer who has completed three or more but fewer 
than six years of continuous active service imme-
diately before that separation, the amount of separa-
tion pay to be paid to the officer under this section 
is one-half of the amount computed under paragraph 
(1). 
(c) OTHER CONDITIONS, REQUIREMENTS, AND AD-
MINISTRATIVE
PROVISIONS.—The provisions of sub-
sections (f), (g), and (h) of section 1174 of title 10, United 
States Code, shall apply to separation pay under this sec-
tion in the same manner as such provisions apply to sepa-
ration pay under that section.
448
SEC. 5333. MANDATORY RETIREMENT FOR AGE. 
(a) OFFICERS BELOW GRADE OF REAR ADMIRAL 
(LOWER HALF).—Unless retired or separated earlier, 
each officer on the lineal list of the commissioned corps 
who is serving in a grade below the grade of rear admiral 
(lower half) shall be retired on the first day of the month 
following the month in which the officer becomes 62 years 
of age. 
(b) FLAG OFFICERS.—Notwithstanding subsection 
(a), the President may defer the retirement of an officer 
serving in a position that carries a grade above captain 
for such period as the President considers advisable, but 
such a deferment may not extend beyond the first day of 
the month following the month in which the officer be-
comes 64 years of age.
SEC. 5334. RETIREMENT FOR LENGTH OF SERVICE. 
An officer who has completed 20 years of service, of 
which at least 10 years was service as a commissioned offi-
cer, may at any time thereafter, upon application by such 
officer and in the discretion of the President, be placed 
on the retired list.
SEC. 5335. COMPUTATION OF RETIRED PAY. 
(a) OFFICERS FIRST BECOMING MEMBERS BEFORE 
SEPTEMBER 8, 1980.—Each officer on the retired list who 
first became a member of a uniformed service before Sep-
449
tember 8, 1980, shall receive retired pay at the rate deter-
mined by multiplying—
(1) the retired pay base determined under sec-
tion 1406(g) of title 10, United States Code; by 
(2) 21⁄2 percent of the number of years of serv-
ice that may be credited to the officer under section 
1405 of such title as if the officer’s service were 
service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent 
of the retired pay base. 
(b) OFFICERS FIRST BECOMING MEMBERS ON OR 
AFTER SEPTEMBER 8, 1980.—Each officer on the retired 
list who first became a member of a uniformed service on 
or after September 8, 1980, shall receive retired pay at 
the rate determined by multiplying—
(1) the retired pay base determined under sec-
tion 1407 of title 10, United States Code; by 
(2) the retired pay multiplier determined under 
section 1409 of such title for the number of years 
of service that may be credited to the officer under 
section 1405 of such title as if the officer’s service 
were service as a member of the Armed Forces. 
(c) TREATMENT OF FULL AND FRACTIONAL PARTS 
OF MONTHS IN COMPUTING YEARS OF SERVICE.—
450
(1) IN GENERAL.—In computing the number of 
years of service of an officer for the purposes of sub-
section (a)—
(A) each full month of service that is in 
addition to the number of full years of service 
creditable to the officer shall be credited as 1⁄12 
of a year; and 
(B) any remaining fractional part of a 
month shall be disregarded. 
(2) ROUNDING.—Retired pay computed under 
this section, if not a multiple of $1, shall be rounded 
to the next lower multiple of $1.
SEC. 5336. RETIRED GRADE AND RETIRED PAY. 
Each officer retired pursuant to law shall be placed 
on the retired list with the highest grade satisfactorily held 
by that officer while on active duty including active duty 
pursuant to recall, under permanent or temporary ap-
pointment, and shall receive retired pay based on such 
highest grade, if—
(1) the officer’s performance of duty in such 
highest grade has been satisfactory, as determined 
by the Secretary of the department or departments 
under whose jurisdiction the officer served; and 
(2) unless retired for disability, the officer’s 
length of service in such highest grade is no less
451
than that required by the Secretary of officers retir-
ing under permanent appointment in that grade.
SEC. 5337. RETIRED RANK AND PAY HELD PURSUANT TO 
OTHER LAWS UNAFFECTED. 
Nothing in this subtitle shall prevent an officer from 
being placed on the retired list with the highest rank and 
with the highest retired pay to which the officer is entitled 
under any other provision of law. 
SEC. 5338. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF 
RETIREMENT. 
The provisions of subchapter IV of chapter 36 of title 
10, United States Code, relating to continuation on active 
duty and deferral of retirement shall apply to commis-
sioned officers of the Administration. 
SEC. 5339. RECALL TO ACTIVE DUTY. 
The provisions of chapter 39 of title 10, United 
States Code, relating to recall of retired officers to active 
duty, including the limitations on such recalls, shall apply 
to commissioned officers of the Administration.
Subtitle D—Service of Officers 
With the Military Departments
SEC. 5341. COOPERATION WITH AND TRANSFER TO MILI-
TARY DEPARTMENTS. 
(a) IN GENERAL.—The President may, whenever in 
the judgment of the President a sufficient national emer-
452
gency exists, transfer to the service and jurisdiction of a 
military department such vessels, equipment, stations, and 
officers of the Administration as the President considers 
to be in the best interest of the country. After any such 
transfer all expenses connected therewith shall be defrayed 
out of the appropriations for the department to which the 
transfer is made. Such transferred vessels, equipment, sta-
tions, and officers shall be returned to the Administration 
when the national emergency ceases, in the opinion of the 
President. Nothing in this section shall be construed as 
transferring the Administration or any of its functions 
from the Department of Commerce except in time of na-
tional emergency and to the extent provided in this sec-
tion. 
(b) STATUS OF TRANSFERRED OFFICERS.—An offi-
cer of the Administration transferred under this section, 
shall, while under the jurisdiction of a military depart-
ment, have proper military status and shall be subject to 
the laws, regulations, and orders for the government of 
the Army, Navy, or Air Force, as the case may be, insofar 
as the same may be applicable to persons whose retention 
permanently in the military service of the United States 
is not contemplated by law.
453
SEC. 5342. RELATIVE RANK OF OFFICERS WHEN SERVING 
WITH ARMY, NAVY, OR AIR FORCE. 
When serving with the Army, Navy, or Air Force, an 
officer of the Administration shall rank with and after of-
ficers of corresponding grade in the Army, Navy, or Air 
Force of the same length of service in grade. Nothing in 
this subtitle shall be construed to affect or alter an offi-
cer’s rates of pay and allowances when not assigned to 
military duty.
SEC. 5343. RULES AND REGULATIONS WHEN COOPERATING 
WITH MILITARY DEPARTMENTS. 
(a) JOINT REGULATIONS.—The Secretary of Defense 
and the Secretary of Commerce shall jointly prescribe reg-
ulations—
(1) governing the duties to be performed by the 
Administration in time of war; and 
(2) providing for the cooperation of the Admin-
istration with the military departments in time of 
peace in preparation for its duties in time of war. 
(b) APPROVAL.—Regulations under subsection (a) 
shall not be effective unless approved by each of those Sec-
retaries. 
(c) COMMUNICATIONS.—Regulations under sub-
section (a) may provide procedures for making reports and 
communications between a military department and the 
Administration.
454
Subtitle E—Rights and Benefits 
SEC. 5351. APPLICABILITY OF CERTAIN PROVISIONS OF 
TITLE 10, UNITED STATES CODE. 
(a) 
PROVISIONS
MADE
APPLICABLE
TO
THE 
CORPS.—The rules of law that apply to the Armed Forces 
under the following provisions of title 10, United States 
Code, as those provisions are in effect from time to time, 
apply also to the commissioned officer corps of the Admin-
istration: 
(1) Chapter 40, relating to leave. 
(2) Section 716, relating to transfers between 
the armed forces and to and from National Oceanic 
and Atmospheric Administration. 
(3) Section 1035, relating to deposits of sav-
ings. 
(4) Section 1036, relating to transportation and 
travel allowances for escorts for dependents of mem-
bers. 
(5) Section 1052, relating to reimbursement for 
adoption expenses. 
(6) Section 1174a, relating to special separation 
benefits (except that benefits under subsection 
(b)(2)(B) of such section are subject to the avail-
ability of appropriations for such purpose and are
455
provided at the discretion of the Secretary of Com-
merce). 
(7) Chapter 61, relating to retirement or sepa-
ration for physical disability. 
(8) Chapter 69, relating to retired grade, except 
sections 1370, 1375, and 1376. 
(9) Chapter 71, relating to computation of re-
tired pay. 
(10) Chapter 73, relating to annuities based on 
retired or retainer pay. 
(11) Subchapter II of chapter 75, relating to 
death benefits. 
(12) Section 2634, relating to transportation of 
motor vehicles for members on permanent change of 
station. 
(13) Sections 2731 and 2735, relating to prop-
erty loss incident to service. 
(14) Section 2771, relating to final settlement 
of accounts of deceased members. 
(15) Such other provisions of subtitle A of that 
title as may be adopted for applicability to the com-
missioned officer corps of the National Oceanic and 
Atmospheric Administration by any other provision 
of law.
456
(b) REFERENCES.—The authority vested by title 10, 
United States Code, in the ‘‘military departments’’, ‘‘the 
Secretary concerned’’, or ‘‘the Secretary of Defense’’ with 
respect to the provisions of law referred to in subsection 
(a) shall be exercised, with respect to the commissioned 
officer corps of the Administration, by the Secretary of 
Commerce or the Secretary’s designee.
SEC. 5352. ELIGIBILITY FOR VETERANS BENEFITS AND 
OTHER RIGHTS, PRIVILEGES, IMMUNITIES, 
AND BENEFITS UNDER CERTAIN PROVISIONS 
OF LAW. 
(a) IN GENERAL.—Active service of officers of the 
Administration shall be deemed to be active military serv-
ice for the purposes of all rights, privileges, immunities, 
and benefits under the following: 
(1) Laws administered by the Secretary of Vet-
erans Affairs. 
(2) The Soldiers’ and Sailors’ Civil Relief Act 
of 1940 (50 App. U.S.C. 501 et seq.). 
(3) Section 210 of the Social Security Act (42 
U.S.C. 410), as in effect before September 1, 1950.
(b) EXERCISE OF AUTHORITY.—In the administra-
tion of the laws and regulations referred to in subsection 
(a), with respect to the Administration, the authority vest-
ed in the Secretary of Defense and the Secretaries of the
457
military departments and their respective departments 
shall be exercised by the Secretary of Commerce. 
SEC. 5353. MEDICAL AND DENTAL CARE. 
The Secretary may provide medical and dental care, 
including care in private facilities, for personnel of the Ad-
ministration entitled to that care by law or regulation.
SEC. 5354. COMMISSARY PRIVILEGES. 
(a) EXTENSION OF PRIVILEGE.—Commissioned offi-
cers, ships’ officers, and members of crews of vessels of 
the Administration shall be permitted to purchase com-
missary and quartermaster supplies as far as available 
from the Armed Forces at the prices charged officers and 
enlisted members of the Armed Forces. 
(b) SALES OF RATIONS, STORES, UNIFORMS, AND 
RELATED EQUIPMENT.—The Secretary may purchase ra-
tion supplies for messes, stores, uniforms, accouterments, 
and related equipment for sale aboard ship and shore sta-
tions of the Administration to members of the uniformed 
services and to personnel assigned to such ships or shore 
stations. Sales shall be in accordance with regulations pre-
scribed by the Secretary, and proceeds therefrom shall, as 
far as is practicable, fully reimburse the appropriations 
charged without regard to fiscal year. 
(c) SURVIVING SPOUSES’ RIGHTS.—Rights extended 
to members of the uniformed services in this section are
458
extended to their surviving spouses and to such others as 
are designated by the Secretary concerned. 
SEC. 5355. AUTHORITY TO USE APPROPRIATED FUNDS FOR 
TRANSPORTATION AND REIMBURSEMENT OF 
CERTAIN ITEMS. 
(a) TRANSPORTATION OF EFFECTS OF DECEASED 
OFFICERS.—In the case of an officer who dies on active 
duty, the Secretary may provide, from appropriations 
made available to the Administration, transportation (in-
cluding packing, unpacking, crating, and uncrating) of 
personal and household effects of that officer to the offi-
cial residence of record of that officer. However, upon ap-
plication by the dependents of such an officer, such trans-
portation may be provided to such other location as may 
be determined by the Secretary. 
(b) REIMBURSEMENT FOR SUPPLIES FURNISHED BY 
OFFICERS
TO DISTRESSED
AND SHIPWRECKED PER-
SONS.—Under regulations prescribed by the Secretary, ap-
propriations made available to the Administration may be 
used to reimburse an officer for food, clothing, medicines, 
and other supplies furnished by the officer—
(1) for the temporary relief of distressed per-
sons in remote localities; or 
(2) to shipwrecked persons who are temporarily 
provided for by the officer.
459
SEC. 5356. PRESENTATION OF UNITED STATES FLAG UPON 
RETIREMENT. 
(a) PRESENTATION OF FLAG UPON RETIREMENT.—
Upon the release of a commissioned officer from active 
commissioned service for retirement, the Secretary shall 
present a United States flag to the officer. 
(b) MULTIPLE
PRESENTATIONS
NOT
AUTHOR-
IZED.—An officer is not eligible for presentation of a flag 
under subsection (a) if the officer has previously been pre-
sented a flag under this section or any other provision of 
law providing for the presentation of a United States flag 
incident to release from active service for retirement. 
(c) NO COST TO RECIPIENT.—The presentation of a 
flag under this section shall be at no cost to the recipient. 
Subtitle F—Repeals and 
Conforming Amendments
SEC. 5361. REPEALS. 
The following provisions of law are repealed: 
(1) The Coast and Geodetic Survey Commis-
sioned Officers’ Act of 1948 (33 U.S.C. 853a et 
seq.). 
(2) Section 3 of the Act of August 10, 1956 
(33 U.S.C. 857a). 
(3) Public Law 91–621 (33 U.S.C. 857–1 et 
seq.).
460
(4) Section 16 of the Act of May 22, 1917 (33 
U.S.C. 854, 855, 856, 857, and 858). 
(5) Section 1 of the Act of July 22, 1947 (33 
U.S.C. 874). 
(6) Section 11 of the Act entitled ‘‘An Act to 
increase the efficiency of the commissioned and en-
listed personnel of the Army, Navy, Marine Corps, 
Coast Guard, Coast and Geodetic Survey, and Public 
Health Service’’, enacted May 18, 1920 (33 U.S.C. 
864). 
(7) Section 636(a)(17) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2396(a)(17)).
SEC. 5362. CONFORMING AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Section 
1406(g) of title 10, United States Code, is amended by 
striking ‘‘section 16 of the Coast and Geodetic Survey 
Commissioned Officers’ Act of 1948 (33 U.S.C. 853o)’’ 
and inserting ‘‘section 5335 of the National Oceanic and 
Atmospheric Administration Commissioned Officers Act of 
2002’’. 
(b) PUBLIC LAW 104–106.—Section 566(c) of the 
National Defense Authorization Act for Fiscal Year 1996 
(Public Law 104–106; 110 Stat. 328; 10 U.S.C. 1293 
note) is amended by striking ‘‘the Coast and Geodetic Sur-
vey Commissioned Officers’ Act of 1948’’ and inserting
461
‘‘the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002’’. 
TITLE 
IV—NOAA 
HYDRO-
GRAPHIC 
SERVICES 
IM-
PROVEMENT 
SEC. 5421. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Hydrographic Services Improvement Act Amendments of 
2002’’. 
(b) REFERENCES.—Except as otherwise expressly 
provided, whenever in this title an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Hy-
drographic Services Improvement Act of 1998 (33 U.S.C. 
892 et seq.). 
SEC. 5422. DEFINITIONS. 
Section 302 (33 U.S.C. 892) is amended—
(1) in paragraph (3) by inserting ‘‘, geospatial, 
or geomagnetic’’ after ‘‘geodetic’’; and 
(2) in paragraph (4) by inserting ‘‘geospatial, 
geomagnetic,’’ after ‘‘geodetic,’’.
462
SEC. 5423. FUNCTIONS OF ADMINISTRATOR. 
(a) HYDROGRAPHIC MONITORING SYSTEMS.—Sec-
tion 303(b)(4) (33 U.S.C. 892a(b)(4)) is amended to read 
as follows: 
‘‘(4) shall, subject to the availability of appro-
priations, design, install, maintain, and operate real-
time hydrographic monitoring systems to enhance 
navigation safety and efficiency.’’. 
(b) CONSERVATION AND MANAGEMENT OF COASTAL 
AND OCEAN RESOURCES.—Section 303 (33 U.S.C. 892a) 
is further amended by adding at the end the following: 
‘‘(c) CONSERVATION AND MANAGEMENT OF COASTAL 
AND OCEAN RESOURCES.—Where appropriate and to the 
extent that it does not detract from the promotion of safe 
and efficient navigation, the Secretary may use hydro-
graphic data and services to support the conservation and 
management of coastal and ocean resources.’’.
SEC. 5424. QUALITY ASSURANCE PROGRAM. 
(a) IN GENERAL.—Section 304(b)(1) (33 U.S.C. 
892b(b)(1)) is amended to read as follows: 
‘‘(1) IN GENERAL.—The Administrator—
‘‘(A) by not later than 2 years after the 
date of enactment of the Hydrographic Services 
Improvement Act Amendments of 2002, shall, 
subject to the availability of appropriations, de-
velop and implement a quality assurance pro-
463
gram that is equally available to all applicants, 
under which the Administrator may certify hy-
drographic products that satisfy the standards 
promulgated by the Administrator under section 
303(a)(3) of this Act; 
‘‘(B) may authorize the use of the emblem 
or any trademark of the Administration on a 
hydrographic product certified under subpara-
graph (A); and 
‘‘(C) may charge a fee for such certifi-
cation and use.’’. 
(b) ACCEPTANCE AND RECOGNITION OF CERTIFI-
CATIONS.—Section 304(b) (33 U.S.C. 892b(b)) is amend-
ed by adding at the end the following: 
‘‘(3) ACCEPTANCE AND RECOGNITION OF CER-
TIFICATIONS.—The Administrator shall, to the max-
imum extent practicable, assure that any inter-
national organizations and agreements to which the 
United States is a party which affect hydrographic 
products and nautical charts accept or recognize, re-
spectively, hydrographic products certified by the 
Administrator under this subsection.’’.
(c) IMPLEMENTATION OF EXECUTIVE ORDER AND 
OMB CIRCULAR.—Section 304 (33 U.S.C. 892b) is 
amended by adding at the end the following:
464
‘‘(f) ANNUAL STUDY AND REPORT REGARDING IM-
PLEMENTATION OF EXECUTIVE ORDER AND OMB CIR-
CULAR.—
‘‘(1) IN
GENERAL.—The Administrator shall 
annually conduct a study of, and report to the panel 
established under section 305 regarding, steps taken 
to comply with section 3(d) of Executive Order 
12906 and Office of Management and Budget Cir-
cular A-16 with respect to the collection and produc-
tion of new hydrographic data and products by the 
Administration. 
‘‘(2) CONSULTATION.—In carrying out the 
study and report, the Administrator shall consult 
with the Federal Geographic Data Committee.’’.
SEC. 5425. HYDROGRAPHIC SERVICES REVIEW PANEL. 
Section 305 (33 U.S.C. 892c) is amended to read as 
follows: 
‘‘SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL. 
‘‘(a) ESTABLISHMENT.—No later than 1 year after 
the date of enactment of the Hydrographic Services Im-
provement Act Amendments of 2002, the Secretary shall 
establish the Hydrographic Services Review Panel. 
‘‘(b) DUTIES.—
‘‘(1) IN GENERAL.—The panel shall advise the 
Administrator on matters related to the responsibil-
465
ities and authorities set forth in section 303 of this 
Act and such other appropriate matters as the Ad-
ministrator refers to the panel for review and advice. 
‘‘(2) ADMINISTRATIVE
RESOURCES.—The Ad-
ministrator shall make available to the panel such 
information, personnel, and administrative services 
and assistance as it may reasonably require to carry 
out its duties. 
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—
‘‘(A) The panel shall consist of 15 voting 
members who shall be appointed by the Admin-
istrator. The Director of the Joint Hydro-
graphic Institute and no more than 2 employees 
of the National Oceanic and Atmospheric Ad-
ministration appointed by the Administrator 
shall serve as nonvoting members of the panel. 
The voting members of the panel shall be indi-
viduals who, by reason of knowledge, experi-
ence, or training, are especially qualified in one 
or more of the disciplines and fields relating to 
hydrographic surveying, tide, current geodetic 
and geospatial measurement, marine transpor-
tation, port administration, vessel pilotage, and 
coastal and fishery management.
466
‘‘(B) An individual may not be appointed 
as a voting member of the panel if the indi-
vidual is a full-time officer or employee of the 
United States. 
‘‘(C) Any voting member of the panel who 
is an applicant for, or beneficiary (as deter-
mined by the Secretary) of, any assistance 
under this Act shall disclose to the panel that 
relationship, and may not vote on any matter 
pertaining to that assistance. 
‘‘(2) TERMS.—
‘‘(A) The term of office of a voting mem-
ber of the panel shall be 4 years, except that of 
the original appointees, five shall be appointed 
for a term of 2 years, five shall be appointed 
for a term of 3 years, and five shall be ap-
pointed for a term of 4 years, as specified by 
the Administrator at the time of appointment. 
‘‘(B) Any individual appointed to a partial 
or full term may be reappointed for one addi-
tional full term. A voting member may serve 
after the date of the expiration of the term of 
office for which appointed until his or her suc-
cessor has taken office.
467
‘‘(3) NOMINATIONS.—At least once each year, 
the Secretary shall publish a notice in the Federal 
Register soliciting nominations for membership on 
the panel. 
‘‘(4) CHAIRMAN AND VICE CHAIRMAN.—
‘‘(A) The panel shall select one voting 
member to serve as the Chairman and another 
voting member to serve as the Vice Chairman. 
‘‘(B) The Vice Chairman shall act as 
Chairman in the absence or incapacity of the 
Chairman. 
‘‘(d) COMPENSATION.—Voting members of the panel 
shall—
‘‘(1) receive compensation at a rate established 
by the Secretary, not to exceed the maximum daily 
rate payable under section 5376 of title 5, United 
States Code, when actually engaged in the perform-
ance of duties for such panel; and 
‘‘(2) be reimbursed for actual and reasonable 
expenses incurred in the performance of such duties. 
‘‘(e) MEETINGS.—The panel shall meet on a biannual 
basis and, at any other time, at the call of the Chairman 
or upon the request of a majority of the voting members 
or of the Secretary.
468
‘‘(f) POWERS.—The panel may exercise such powers 
as are reasonably necessary in order to carry out its duties 
under subsection (b).’’. 
SEC. 5426. PLAN REGARDING PHOTOGRAMMETRY AND RE-
MOTE SENSING. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Administrator of the 
National Oceanic and Atmospheric Administration shall 
submit to the Congress a plan for increasing, consistent 
with this title, contracting with the private sector for pho-
togrammetric, remote sensing, and other geospatial ref-
erence services related to hydrographic data acquisition or 
hydrographic services activities performed by the National 
Ocean Service. In preparing the plan, the Administrator 
shall consult with private sector entities knowledgeable in 
photogrammetry and remote sensing. 
(b) CONTENTS.—The plan shall include the following: 
(1) An assessment of which of the photo-
grammetric, remote sensing, and other geospatial 
reference services related to hydrographic data ac-
quisition or hydrographic services activities per-
formed by the National Ocean Service can be per-
formed adequately by private-sector entities.
469
(2) An evaluation of the relative cost-effective-
ness of the Federal Government and private-sector 
entities in performing those activities. 
(3) A strategy for enhancing and improving the 
acquisition and contract management capabilities of 
the National Oceanic and Atmospheric Administra-
tion to assist in the utilization of private sector enti-
ties for photogrammetric, remote sensing, and other 
geospatial reference services related to hydrographic 
data acquisition or hydrographic services activities 
performed by the National Ocean Service, includ-
ing—
(A) the transfer and retraining of per-
sonnel to become contracting officer technical 
representatives; 
(B) education in the use of contracting 
procedures in accordance with section 303(b)(3) 
of the Hydrographic Services Improvement Act 
of 1998, as amended by this Act; and 
(C) the utilization of training, education, 
and acquisition and contract management capa-
bilities of other Federal agencies that are expert 
and experienced in contracting for such serv-
ices.
470
SEC. 5427. AUTHORIZATION OF APPROPRIATIONS. 
Section 306 (33 U.S.C. 892d) is amended to read as 
follows: 
‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ad-
ministrator the following: 
‘‘(1) To carry out nautical mapping and chart-
ing functions under sections 303 and 304 of this 
Act, except for conducting hydrographic surveys—
‘‘(A) $50,000,000 for fiscal year 2003; 
‘‘(B) $55,000,000 for fiscal year 2004; 
‘‘(C) $60,000,000 for fiscal year 2005; 
‘‘(D) $65,000,000 for fiscal year 2006; 
and 
‘‘(E) $70,000,000 for fiscal year 2007. 
‘‘(2) To contract for hydrographic surveys 
under section 303(b)(1), including the leasing or 
time chartering of vessels—
‘‘(A) $40,000,000 for fiscal year 2003; 
‘‘(B) $42,500,000 for fiscal year 2004; 
‘‘(C) $45,000,000 for fiscal year 2005; 
‘‘(D) $47,500,000 for fiscal year 2006; 
and 
‘‘(E) $50,000,000 for fiscal year 2007. 
‘‘(3) To carry out geodetic functions under this 
title—
471
‘‘(A) $27,500,000 for fiscal year 2003; 
‘‘(B) $30,000,000 for fiscal year 2004; 
‘‘(C) $32,500,000 for fiscal year 2005; 
‘‘(D) $35,000,000 for fiscal year 2006; 
and 
‘‘(E) $35,500,000 for fiscal year 2007. 
‘‘(4) To carry out tide and current measure-
ment functions under this title— 
‘‘(A) $25,000,000 for fiscal year 2003; 
‘‘(B) $27,500,000 for fiscal year 2004; 
‘‘(C) $30,000,000 for fiscal year 2005; 
‘‘(D) $32,500,000 for fiscal year 2006; 
and 
‘‘(E) $35,000,000 for fiscal year 2007. 
‘‘(5) To carry out activities authorized under 
this title that enhance homeland security, including 
electronic navigation charts, hydrographic surveys, 
real time tide and current measurements, and geo-
detic functions, in addition to other amounts author-
ized by this section, $50,000,000.’’.
472
TITLE V—FISH AND WILDLIFE 
CONSERVATION
Subtitle A—Bear River Migratory 
Bird Refuge Education and Ad-
ministrative Center 
SEC. 5501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Bear River Migra-
tory Bird Refuge Visitor Center Act’’. 
SEC. 5502. FINDINGS. 
The Congress finds the following: 
(1) The Bear River marshes have been a histor-
ical waterfowl oasis and an important inland water-
fowl flyway for thousands of years. 
(2) The Congress created the Bear River Mi-
gratory Bird Refuge as one of the first National 
Wildlife Refuges, for the purpose of protecting wa-
terfowl habitat and migratory birds, educating the 
public regarding, and enhancing public appreciation 
of, waterfowl habitat and migratory birds. 
(3) The Bear River Migratory Bird Refuge was 
virtually destroyed by the devastating floods that oc-
curred between 1983 and 1985. 
(4) Refuge employees, aided by volunteers, have 
taken valiant actions to rebuild the Refuge by re-
storing habitat, increasing its attractiveness to wa-
473
terfowl, reducing waterfowl botulism, and providing 
recreational and educational opportunities to the 
public. 
(5) The Bear River Migratory Bird Refuge 
lacks a functional education and administrative cen-
ter. 
(6) The creation of such a facility would signifi-
cantly enhance public appreciation of waterfowl and 
the need to preserve waterfowl habitat. 
(7) The Congress has taken significant steps to 
provide funding for the construction of an education 
and administrative center. 
SEC. 5503. DEFINITIONS. 
For the purpose of this subtitle, the following defini-
tions apply: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) REFUGE.—The term ‘‘Refuge’’ means the 
Bear River Migratory Bird Refuge in Box Elder 
County, Utah. 
(3) EDUCATION
AND
ADMINISTRATIVE
CEN-
TER.—The term ‘‘Education and Administrative 
Center’’ means the facility identified in the Environ-
mental Assessment dated 1991 and entitled ‘‘Res-
474
toration and Expansion of the Bear River Migratory 
Bird Refuge’’. 
SEC. 5504. AUTHORIZATION OF CONSTRUCTION OF THE 
EDUCATION CENTER. 
(a) CONSTRUCTION.—The Secretary shall construct 
the Education and Administrative Center at the Refuge 
for the purposes of providing for the interpretation of re-
sources of the Refuge for the education and benefit of the 
public, the advancement of research, protection, and 
health of waterfowl habitat, and for the administration of 
the Bear River Migratory Bird Refuge. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $11,000,000 to carry out 
subsection (a). 
SEC. 5505. MATCHING CONTRIBUTIONS REQUIREMENTS. 
(a) DONATION OF FUNDS AND SERVICES.—The Sec-
retary may accept donations of funds and services from 
nonprofit organizations, State and local governments, and 
private citizens for the construction of the Education and 
Administrative Center. 
(b) MATCHING FUNDS.—The Secretary may not re-
quire matching funds or contributions in kind with a com-
bined total value of more than $1,500,000 for construction 
of the Education and Administrative Center.
475
Subtitle B—North American Wet-
lands Conservation Reauthor-
ization Act 
SEC. 5521. SHORT TITLE. 
This subtitle may be cited as the ‘‘North American 
Wetlands Conservation Reauthorization Act’’. 
SEC. 5522. AMENDMENT OF NORTH AMERICAN WETLANDS 
CONSERVATION ACT. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the North American Wetlands 
Conservation Act (16 U.S.C. 4401 et seq.). 
SEC. 5523. FINDINGS AND STATEMENT OF PURPOSE. 
(a) 
FINDING.—Section 
2(a)(1) 
(16 
U.S.C. 
4401(a)(1)) is amended by striking ‘‘and other habitats’’ 
and inserting ‘‘and associated habitats’’. 
(b) PURPOSES.—Section 2(b) (16 U.S.C. 4401(b)) is 
amended—
(1) in paragraph (1) by striking ‘‘and other 
habitats for migratory birds’’ and inserting ‘‘and as-
sociated habitats for wetland dependent migratory 
birds’’;
476
(2) in paragraph (2) by inserting ‘‘wetland de-
pendent’’ before ‘‘migratory bird’’; and 
(3) in paragraph (3)—
(A) by inserting ‘‘wetland dependent’’ be-
fore ‘‘migratory birds’’; and 
(B) by inserting ‘‘, the United States 
Shorebird Conservation Plan, the North Amer-
ican Waterbird Conservation Plan, the Partners 
In Flight Conservation Plans,’’ after ‘‘North 
American Waterfowl Management Plan’’. 
SEC. 5524. DEFINITION OF WETLANDS CONSERVATION 
PROJECT. 
Section 3(9) (16 U.S.C. 4402(9)) is amended—
(1) in subparagraph (A) by inserting ‘‘of a wet-
land ecosystem and associated habitat’’ after ‘‘in-
cluding water rights,’’; and 
(2) in subparagraph (B) by striking ‘‘and other 
habitat’’ and inserting ‘‘and associated habitat’’. 
SEC. 5525. REAUTHORIZATION. 
Section 7(c) (16 U.S.C. 4406(c)) is amended by strik-
ing ‘‘not to exceed’’ and all that follows and inserting ‘‘not 
to exceed—
‘‘(1) $55,000,000 for fiscal year 2003; 
‘‘(2) $60,000,000 for fiscal year 2004; 
‘‘(3) $65,000,000 for fiscal year 2005;
477
‘‘(4) $70,000,000 for fiscal year 2006; and 
‘‘(5) $75,000,000 for fiscal year 2007.’’. 
SEC. 5526. ALLOCATION. 
Section 8(a) (16 U.S.C. 4407(a)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(but at least 50 per cen-
tum and not more than 70 per centum there-
of)’’ and inserting ‘‘(but at least 25 percent and 
not more than 50 percent thereof)’’; and 
(B) by striking ‘‘4 per centum’’ and insert-
ing ‘‘4 percent’’; and 
(2) in paragraph (2) by striking ‘‘(but at least 
30 per centum and not more than 50 per centum 
thereof)’’ and inserting ‘‘(but at least 50 percent 
and not more than 75 percent thereof)’’. 
SEC. 5527. CLARIFICATION OF NON-FEDERAL SHARE OF 
THE COST OF APPROVED WETLANDS CON-
SERVATION PROJECTS. 
Section 8(b) (16 U.S.C. 4407(b)) is amended by 
striking so much as precedes the second sentence and in-
serting the following: 
‘‘(b) COST SHARING.—(1) Except as provided in 
paragraph (2), as a condition of providing assistance 
under this Act for any approved wetlands conservation 
project, the Secretary shall require that the portion of the
478
costs of the project paid with amounts provided by non-
Federal United States sources is equal to at least the 
amount allocated under subsection (a) that is used for the 
project. 
‘‘(2) Federal moneys allocated under subsection (a) 
may be used to pay 100 percent of the costs of such 
projects located on Federal lands and waters, including 
the acquisition of inholdings within such lands and waters. 
‘‘(3)’’. 
SEC. 5528. TECHNICAL CORRECTIONS. 
(a) The North American Wetlands Conservation Act 
is amended as follows: 
(1) 
In 
section 
2(a)(10) 
(16 
U.S.C. 
4401(a)(10)), by inserting ‘‘of 1973’’ after ‘‘Species 
Act’’. 
(2) In section 3(2) (16 U.S.C. 4402(2)), by 
striking ‘‘Committee on Merchant Marine and Fish-
eries of the United States House of Representatives’’ 
and inserting ‘‘Committee on Resources of the 
House of Representatives’’. 
(3) In section 3(5) (16 U.S.C. 4402(5)), by in-
serting ‘‘of 1973’’ after ‘‘Species Act’’. 
(4) 
In 
section 
4(a)(1)(B) 
(16 
U.S.C. 
4403(a)(1)(B)), by striking ‘‘section 3(2)(B)’’ and 
inserting ‘‘section 3(g)(2)(B)’’.
479
(5) In section 4(c) (16 U.S.C. 4403(c)), in the 
matter preceding paragraph (1), by striking ‘‘Com-
mission’’ and inserting ‘‘Council’’. 
(6) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), 
by inserting ‘‘of 1973’’ after ‘‘Species Act’’. 
(7) In section 5(f) (16 U.S.C. 4404(f)), by 
striking ‘‘subsection (d)’’ and inserting ‘‘subsection 
(e)’’. 
(8) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), 
by striking ‘‘western hemisphere pursuant to section 
17 of this Act’’ and inserting ‘‘Western Hemisphere 
pursuant to section 16’’. 
(9) 
In 
section 
10(1)(D) 
(16 
U.S.C. 
4409(1)(D)), by striking the period and inserting ‘‘; 
and’’. 
(10) In section 16(a) (16 U.S.C. 4413), by 
striking ‘‘western hemisphere’’ and inserting ‘‘West-
ern Hemisphere’’. 
(b)(1) Section 112(1) of Public Law 101–593 (104 
Stat. 2962) is amended by striking ‘‘and before the pe-
riod’’. 
(2) Paragraph (1) of this subsection shall be effective 
on and after the effective date of section 112(1) of Public 
Law 101–593 (104 Stat. 2962).
480
Subtitle C—Bear River Migratory 
Bird Refuge Claims Settlement 
SEC. 5531. SHORT TITLE. 
This subtitle may be cited as the ‘‘Bear River Migra-
tory Bird Refuge Settlement Act of 2002’’. 
SEC. 5532. FINDINGS. 
The Congress finds the following: 
(1) The Secretary of the Interior and the State 
of Utah have negotiated a preliminary agreement 
concerning the ownership of lands within the Bear 
River Migratory Bird Refuge located in Bear River 
Bay of the Great Salt Lake, Utah. 
(2) The State is entitled to ownership of those 
sovereign lands constituting the bed of the Great 
Salt Lake, and, generally, the location of the sov-
ereign lands boundary was set by an official survey 
of the Great Salt Lake meander line. 
(3) The establishment of the Refuge in 1928 
along the shore of the Great Salt Lake, and lack of 
a meander line survey within the Refuge, has led to 
uncertainty of ownership of some those sovereign 
lands. 
(4) In order to settle the uncertainty concerning 
the sovereign land boundary caused by the gap in 
the surveyed Great Salt Lake meander line within
481
the Refuge, the Secretary and the State have agreed 
to the establishment of a fixed sovereign land bound-
ary along the southern boundary of the Refuge and 
the State has agreed to release any claim to the lake 
bed above such boundary line. 
(5) The Secretary and the State have expressed 
their intentions to establish a mutually agreed upon 
procedure to address the conflicting claims to owner-
ship of the lands and interests in land within the 
Refuge. 
SEC. 5533. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) REFUGE.—The term ‘‘Refuge’’ means the 
Bear River Migratory Bird Refuge located in Bear 
River Bay of the Great Salt Lake, Utah. 
(3) 
AGREEMENT.—The 
term 
‘‘agreement’’ 
means the agreement to be signed by the Secretary 
and the State to establish a mutually agreeable pro-
cedure for addressing the conflicting claims to own-
ership of the lands and interests in land within the 
Refuge. 
(4) STATE.—The term ‘‘State’’ means the State 
of Utah.
482
SEC. 5534. REQUIRED TERMS OF LAND CLAIMS SETTLE-
MENT, BEAR RIVER MIGRATORY BIRD REF-
UGE, UTAH. 
(a) SPECIFIC TERMS REQUIRED IN AGREEMENT.—
The Secretary shall not enter into an agreement with the 
State for the quitclaim or other transfer of lands or inter-
ests in lands within the Refuge unless the terms of the 
agreement include each of the following provisions: 
(1) Nothing in the agreement shall be construed 
to impose upon the State or any of agency of the 
State any obligation to convey to the United States 
any interest in water owned or controlled by the 
State, except upon appropriate terms and for ade-
quate consideration. 
(2) Nothing in the agreement shall constitute 
admission or denial of the United States claim to a 
Federal reserved water right. 
(3) The State shall support the United States 
application to add an enlarged Hyrum Reservoir, or 
another storage facility, as an alternate place of 
storage under the Refuge’s existing 1000 cubic feet 
per second State certified water right. Such support 
shall be contingent upon demonstration by the 
United States that no injury to water rights shall 
occur as a result of the addition.
483
(4) Nothing in the agreement shall affect juris-
diction by the State or the United States Fish and 
Wildlife Service over wildlife resources management, 
including fishing, hunting and trapping, within the 
Refuge. 
(5) If the State elects to bring suit against the 
United States challenging the validity of the deed 
issued pursuant to the agreement, and if such suit 
is successful in invalidating such deed, the State 
will—
(A) pay the United States for the fair mar-
ket value of all real property improvements on 
the property at the time of invalidation, such as 
dikes, water control structures and buildings; 
(B) repay any amounts paid by the United 
States because of ownership of the land by the 
United States from the date of establishment of 
the Refuge, such as payments in lieu of taxes; 
and 
(C) repay any amounts paid to the State 
pursuant to the agreement. 
(6) Subject to the availability of funds for this 
purpose, 
the 
Secretary 
shall 
agree 
to 
pay 
$15,000,000 to the State upon delivery by the State 
of a quitclaim deed that meets all applicable stand-
484
ards of the Department of Justice and covers all 
lands and interests in lands claimed by the State 
within the Refuge. Such payment shall be subject to 
the condition that the State use the payment for the 
purposes, and in the amounts, specified in sub-
sections (b) and (c). 
(b) WETLANDS AND WILDLIFE PROTECTION PRO-
GRAMS.—
(1) 
DEPOSIT.—The 
State 
shall 
deposit 
$10,000,000 of the amount paid pursuant to the 
agreement, as required by subsection (a)(6), in a re-
stricted account, known as the Wetlands and Habi-
tat Protection Account, to be used as provided in 
paragraph (2). 
(2) AUTHORIZED USES.—The Executive Direc-
tor of the Utah Department of Natural Resources 
may withdraw from the Wetlands and Habitat Pro-
tection Account, on an annual basis, amounts equal 
to the interest earned on the amount deposited 
under paragraph (1) for the following purposes: 
(A) Wetland or open space protection in 
and near the Great Salt Lake. 
(B) Enhancement and acquisition of wild-
life habitat in and near the Great Salt Lake.
485
(c) RECREATIONAL
TRAILS
DEVELOPMENT
AND 
STREAM PRESERVATION.—Of the amount paid to the 
State in accordance with the terms of an agreement speci-
fied in subsection (a)(6), the Utah Department of Natural 
Resources shall use—
(1) $2,000,000 for the development, improve-
ment, and expansion of the James V. Hansen Sho-
shone Trail; 
(2) $1,000,000 for the development, improve-
ment, and expansion of the Ogden-Weber Trail Sys-
tem; 
(3) $1,000,000 for the non-motorized trails pro-
gram of the Utah State Division of Parks and 
Recreation; and 
(4) $1,000,000 for the preservation, reclama-
tion, enhancement, and conservation of streams in 
the State. 
(d) COORDINATION OF PROJECTS.—The Executive 
Director of the Utah Department of Natural Resources 
shall seek to maximize the use of funds under subsections 
(b) and (c) through coordination with nonprofit organiza-
tions, Federal agencies, other agencies of the State, and 
local governments, and shall give priority to those projects 
under such subsections that include Federal, State, or pri-
vate matching funds.
486
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 for the pay-
ment required by subsection (a)(6) to be included as a 
term of the agreement.
Subtitle D—Nutria Eradication or 
Control 
SEC. 5541. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) Wetlands and tidal marshes of the Chesa-
peake Bay and in Louisiana provide significant cul-
tural, economic, and ecological benefits to the Na-
tion. 
(2) The South American nutria (Myocastor 
coypus) is directly contributing to substantial marsh 
loss in Maryland and Louisiana on Federal, State, 
and private land. 
(3) Traditional harvest methods to control or 
eradicate nutria have failed in Maryland and have 
had limited success in the eradication of nutria in 
Louisiana. Consequently, marsh loss is accelerating. 
(4) The nutria eradication and control pilot 
program authorized by Public Law 105–322 is to 
develop new and effective methods for eradication of 
nutria.
487
(b) PURPOSE.—The purpose of this subtitle is to au-
thorize the Secretary of the Interior to provide financial 
assistance to the State of Maryland and the State of Lou-
isiana for a program to implement measures to eradicate 
or control nutria and restore marshland damaged by nu-
tria. 
SEC. 5542. NUTRIA ERADICATION PROGRAM. 
(a) GRANT AUTHORITY.—The Secretary of the Inte-
rior (in this section referred to as the ‘‘Secretary’’), sub-
ject to the availability of appropriations, may provide fi-
nancial assistance to the State of Maryland and the State 
of Louisiana for a program to implement measures to 
eradicate or control nutria and restore marshland dam-
aged by nutria. 
(b) GOALS.—The goals of the program shall be to—
(1) eradicate nutria in Maryland; 
(2) eradicate or control nutria in Louisiana and 
other States; and 
(3) restore marshland damaged by nutria. 
(c) ACTIVITIES.—In the State of Maryland, the Sec-
retary shall require that the program consist of manage-
ment, research, and public education activities carried out 
in accordance with the document published by the United 
States Fish and Wildlife Service entitled ‘‘Eradication
488
Strategies for Nutria in the Chesapeake and Delaware 
Bay Watersheds’’, dated March 2002. 
(d) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of 
the costs of the program may not exceed 75 percent 
of the total costs of the program. 
(2) IN-KIND
CONTRIBUTIONS.—The non-Fed-
eral share of the costs of the program may be pro-
vided in the form of in-kind contributions of mate-
rials or services. 
(e) LIMITATION ON ADMINISTRATIVE EXPENSES.—
Not more than 5 percent of financial assistance provided 
by the Secretary under this section may be used for ad-
ministrative expenses. 
(f) AUTHORIZATION OF APPROPRIATIONS.—For fi-
nancial assistance under this section, there is authorized 
to be appropriated to the Secretary $4,000,000 for the 
State of Maryland program and $2,000,000 for the State 
of Louisiana program for each of fiscal years 2003, 2004, 
2005, 2006, and 2007. 
SEC. 5543. REPORT. 
No later than 6 months after the date of the enact-
ment of this Act, the Secretary and the National Invasive 
Species Council shall—
489
(1) give consideration to the 2002 report for 
the Louisiana Department of Wildlife and Fisheries 
titled ‘‘Nutria in Louisiana’’, and the 2002 docu-
ment entitled ‘‘Eradication Strategies for Nutria in 
the Chesapeake and Delaware Bay Watersheds’’; 
and 
(2) develop, in cooperation with the State of 
Louisiana Department of Wildlife and Fisheries and 
the State of Maryland Department of Natural Re-
sources, a long-term nutria control or eradication 
program, as appropriate, with the objective to sig-
nificantly reduce and restore the damage nutria 
cause to coastal wetlands in the States of Louisiana 
and Maryland. 
Subtitle E—Expansion of Ottawa 
National Wildlife Refuge Com-
plex and Detroit River Inter-
national Wildlife Refuge 
SEC. 5561. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ottawa National 
Wildlife Refuge Complex Expansion and Detroit River 
International Wildlife Refuge Expansion Act’’. 
SEC. 5562. FINDINGS. 
The Congress finds the following:
490
(1) The western basin of Lake Erie, as part of 
the Great Lakes ecosystem, the largest freshwater 
ecosystem on the face of the Earth, is vitally impor-
tant to the economic and environmental future of 
the United States. 
(2) Over the past three decades, the citizens 
and governmental institutions of both the United 
States and Canada have devoted increasing attention 
and resources to the restoration of the water quality 
and fisheries of the Great Lakes, including the west-
ern basin. This increased awareness has been accom-
panied by a gradual shift to a holistic ‘‘ecosystem 
approach’’ that highlights a growing recognition that 
shoreline areas—the nearshore terrestrial eco-
systems—are an integral part of the western basin 
and the Great Lakes ecosystem as a whole. 
(3) The Great Lakes account for more than 90 
percent of the surface freshwater in the nation. The 
western basin receives approximately 90 percent of 
its flow from the Detroit River and only approxi-
mately 10 percent from tributaries. 
(4) The western basin of Lake Erie is an im-
portant ecosystem that includes a number of distinct 
islands, channels, rivers, and shoals that support
491
dense populations of fish, wildlife, and aquatic 
plants. 
(5) The coastal wetlands of Lake Erie support 
the largest diversity of plant and wildlife species in 
the Great Lakes. The moderate climate of Lake Erie 
and its more southern latitude allow for many spe-
cies that are not found in or along the northern 
Great Lakes. More than 300 species of plants, in-
cluding 37 significant species, have been identified in 
the aquatic and wetland habitats of the western 
basin. 
(6) The shallow western basin of Lake Erie, 
from the Lower Detroit River to Sandusky Bay, is 
home to the largest concentration of marshes in 
Lake Erie, including Mouille, Metzger, and Magee 
marshes, the Maumee Bay wetland complex, the 
wetland complexes flanking Locust Point, and the 
wetlands in Sandusky Bay. The larger United States 
islands in western Lake Erie have wetlands in their 
small embayments. 
(7) The wetlands in the western basin of Lake 
Erie comprise as some of the most important water-
fowl habitat in the Great Lakes. Waterfowl, wading 
birds, shore birds, gulls and terns, raptors, and 
perching birds all use the western basin wetlands for
492
migration, nesting, and feeding. Hundreds of thou-
sands of diving ducks stop to rest in the Lake Erie 
area on their fall migration from Canada to the east 
and south. The wetlands of the western basin of 
Lake Erie provide a major stopover for ducks such 
as migrating bufflehead, common goldeneye, com-
mon mergansers, and ruddy duck. 
(8) The international importance of Lake Erie 
is manifested in the United States congressional des-
ignation of the Ottawa and Cedar Point National 
Wildlife Refuges. 
(9) Lake Erie has an international reputation 
for walleye, perch, and bass fishing, recreational 
boating, birding, photography, and duck hunting. On 
an economic basis, Lake Erie tourism accounts for 
an estimated $1,500,000,000 in retail sales and 
more than 50,000 jobs. 
(10) Many of the 417,000 boats that are reg-
istered in Ohio are used in the western basin of 
Lake Erie, in part to fish for the estimated 
10,000,000 walleye that migrate from other areas of 
the lake to spawn. This internationally renowned 
walleye 
fishery 
drives 
much 
of 
Ohio’s 
$2,000,000,000 sport fishing industry.
493
(11) Coastal wetlands in the western basin of 
Lake Erie have been subjected to intense pressure 
for 150 years. Prior to 1850, the western basin was 
part of an extensive coastal marsh and swamp sys-
tem of approximately 122,000 hectares that com-
prised a portion of the Great Black Swamp. By 
1951, only 12,407 wetland hectares remained in the 
western basin. Half of that acreage was destroyed 
between 1972 and 1987. Therefore, today only ap-
proximately 5,000 hectares remain. Along the Michi-
gan shoreline, coastal wetlands were reduced by 62 
percent between 1916 and the early 1970s. The de-
velopment of the city of Monroe, Michigan, has had 
a particularly significant impact on the coastal wet-
lands at the mouth of the Raisin River: only ap-
proximately 
100 
hectares 
remain 
physically 
unaltered today in an area where 70 years ago 
marshes were 10 times more extensive. In addition 
to the actual loss of coastal wetland acreage along 
the shores of Lake Erie, the quality of many remain-
ing diked wetlands has been degraded by numerous 
stressors, especially excessive loadings of sediments 
and nutrients, contaminants, shoreline modification, 
exotic species, and the diking of wetlands. Protective 
peninsula beach systems, such as the former Bay
494
Point and Woodtick, at the border of Ohio and 
Michigan near the mouth of the Ottawa River and 
Maumee Bay, have been eroded over the years, exac-
erbating erosion along the shorelines and impacting 
the breeding and spawning grounds. 
SEC. 5563. DEFINITIONS. 
For purposes of this subtitle: 
(1) The term ‘‘Refuge Complex’’ means the Ot-
tawa National Wildlife Refuge Complex and the 
lands and waters therein, as described in the docu-
ment entitled ‘‘The Comprehensive Conservation 
Plan for the Ottawa National Wildlife Refuge Com-
plex’’ and dated September 22, 2000, including Ot-
tawa National Wildlife Refuge, West Sister Island 
National Wildlife Refuge, and Cedar Point National 
Wildlife Refuge. 
(2) The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) The term ‘‘International Refuge’’ means the 
Detroit River International Wildlife Refuge estab-
lished by the Detroit River International Wildlife 
Refuge Establishment Act (Public Law 107–91). 
SEC. 5564. EXPANSION OF BOUNDARIES. 
(a) REFUGE COMPLEX BOUNDARIES.—
495
(1) EXPANSION.—The boundaries of the Refuge 
Complex are expanded to include lands and waters 
in the State of Ohio from the eastern boundary of 
Maumee Bay State Park to the eastern boundary of 
the Darby Unit, including the Bass Island archi-
pelago, as depicted on the map entitled ‘‘Ottawa Na-
tional Wildlife Refuge Complex Expansion and De-
troit River International Wildlife Refuge Expansion 
Act’’, dated September 6, 2002. 
(2) BOUNDARY REVISIONS.—The Secretary may 
make such revisions to the boundaries of the Refuge 
Complex as may be appropriate to carry out the pur-
poses of the Refuge Complex or to facilitate the ac-
quisition of property within the Refuge Complex. 
(b) INTERNATIONAL REFUGE BOUNDARIES.—The 
southern boundary of the International Refuge is extended 
south to include additional lands and waters in the State 
of Michigan east of Interstate Highway 75 from the south-
ern boundary of Sterling State Park to the Ohio State 
boundary, as depicted on the map referred to in subsection 
(a)(1). 
(c) AVAILABILITY
OF MAP.—The Secretary shall 
keep the map referred to in subsection (a)(1) available for 
inspection in appropriate offices of the United States Fish 
and Wildlife Service.
496
SEC. 5565. ACQUISITION AND TRANSFER OF LANDS FOR 
REFUGE COMPLEX. 
(a) ACQUISITIONS.—The Secretary may acquire by 
donation, purchase with donated or appropriated funds, 
or exchange the lands and waters, or interests therein (in-
cluding conservation easements), within the boundaries of 
the Refuge Complex as expanded by this title. No such 
lands, waters, or interests therein may be acquired without 
the consent of the owner thereof. 
(b) TRANSFERS FROM OTHER AGENCIES.—Any Fed-
eral property located within the boundaries of the Refuge 
Complex, as expanded by this title, that is under the ad-
ministrative jurisdiction of a department or agency of the 
United States other than the Department of the Interior 
may, with the concurrence of the head of administering 
department or agency, be transferred without consider-
ation to the administrative jurisdiction of the Secretary 
for the purposes of this title. 
SEC. 5566. ADMINISTRATION OF REFUGE COMPLEX. 
(a) IN GENERAL.—The Secretary shall administer all 
federally owned lands, waters, and interests therein that 
are within the boundaries of the Refuge Complex, as ex-
panded by this title, in accordance with the National Wild-
life Refuge System Administration Act of 1966 (16 U.S.C. 
668dd et seq.) and this title. The Secretary may use such 
additional statutory authority as may be available for the
497
conservation of fish and wildlife, and the provision of fish 
and wildlife dependent recreational opportunities as the 
Secretary considers appropriate to implement this title. 
(b) ADDITIONAL PURPOSES.—In addition to the pur-
poses of the Refuge Complex under other laws, regula-
tions, executive orders, and comprehensive conservation 
plans, the Refuge Complex shall be managed for the fol-
lowing purposes: 
(1) To strengthen and complement existing re-
source management, conservation, and education 
programs and activities at the Refuge Complex in a 
manner consistent with the primary purpose of the 
Refuge Complex to provide major resting, feeding, 
and wintering habitats for migratory birds and other 
wildlife, and to enhance national resource conserva-
tion and management in the western basin of Lake 
Erie. 
(2) To conserve, enhance, and restore the na-
tive aquatic and terrestrial community characteris-
tics of the western basin of Lake Erie (including as-
sociated fish, wildlife, and plant species), both in the 
United States and Canada in partnership with non-
governmental and private organizations, as well as 
private individuals dedicated to habitat enhance-
ment.
498
(3) To facilitate partnerships among the United 
States Fish and Wildlife Service, Canadian national 
and provincial authorities, State and local govern-
ments, local communities in the United States and 
in Canada, conservation organizations, and other 
non-Federal entities to promote public awareness of 
the resources of the western basin of Lake Erie. 
(4) To advance the collective goals and prior-
ities established in the ‘‘Great Lakes Strategy 
2002—A Plan for the New Millennium’’, by the 
United States Policy Committee comprised of var-
ious Federal agencies, including the United States 
Fish and Wildlife Service, the National Oceanic and 
Atmospheric Administration, the United States Geo-
logical Survey, the Forest Service, and the Great 
Lakes Fishery Commission, as well as the State gov-
ernments and tribal governments in the Great 
Lakes. These goals, broadly stated, include working 
together to protect and restore the chemical, phys-
ical, and biological integrity of the Great Lakes 
basin ecosystem. 
(c) PRIORITY USES.—In providing opportunities for 
compatible fish and wildlife dependent recreation, the Sec-
retary, in accordance with paragraphs (3) and (4) of sec-
tion 4(a) of the National Wildlife Refuge System Adminis-
499
tration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure 
that hunting, fishing, wildlife observation and photog-
raphy, and environmental education and interpretation are 
the priority public uses of the Refuge Complex. 
(d) COOPERATIVE AGREEMENTS REGARDING NON-
FEDERAL LANDS.—The Secretary may enter into cooper-
ative agreements with the State of Ohio or the State of 
Michigan, or any political subdivision thereof, and with 
any other person or entity for the management in a man-
ner consistent with this title of lands that are owned by 
such State, subdivision, or other person or entity and lo-
cated within the boundaries of the Refuge Complex and 
to promote public awareness of the resources of the west-
ern basin of Lake Erie and encourage public participation 
in the conservation of those resources. 
(e) USE OF EXISTING GREENWAY AUTHORITY.—The 
Secretary shall encourage the State of Ohio to use existing 
authorities under the Transportation Equity Act for the 
21st Century to provide funding for acquisition and devel-
opment of trails within the boundaries of the Refuge Com-
plex. 
SEC. 5567. STUDY OF ASSOCIATED AREA. 
(a) IN GENERAL.—The Secretary, acting through the 
Director of the United States Fish and Wildlife Service, 
shall conduct a study of fish and wildlife habitat and
500
aquatic and terrestrial communities of the 2 dredge spoil 
disposal sites referred to by the Toledo-Lucas County Port 
Authority as Port Authority Facility Number Three and 
Grassy Island, located within Toledo Harbor near the 
mouth of the Maumee River. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of the Act, the Secretary shall com-
plete such study and submit a report containing the re-
sults thereof to the Congress. 
SEC. 5568. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the De-
partment of the Interior—
(1) such sums as may be necessary for the ac-
quisition of lands and waters within the Refuge 
Complex; 
(2) such sums as may be necessary for the de-
velopment, operation, and maintenance of the Ref-
uge Complex; and 
(3) such sums as may be necessary to carry out 
the study under section 5567.
Subtitle F—Blackwater National 
Wildlife Refuge Expansion 
SEC. 5561. SHORT TITLE. 
This subtitle may be cited as the ‘‘Blackwater Na-
tional Wildlife Refuge Expansion Act’’.
501
SEC. 5562. FINDINGS. 
The Congress finds the following: 
(1) Garrett Island, located at the mouth of the 
Susquehanna River in Cecil County, Maryland, is a 
microcosm of the geology and geography of the re-
gion, including hard rock piedmont, coastal plain, 
and volcanic formations. 
(2) Garrett Island is the only rocky island in 
the tidal waters of the Chesapeake. 
(3) Garrett Island and adjacent waters provide 
high-quality habitat for bird and fish species. 
(4) Garrett Island contains significant archeo-
logical sites reflecting human history and prehistory 
of the region. 
SEC. 5563. AUTHORITY TO ACQUIRE PROPERTY FOR INCLU-
SION IN THE SUSQUEHANNA NATIONAL WILD-
LIFE REFUGE. 
(a) ACQUISITION.—The Secretary of the Interior may 
use otherwise available amounts to acquire the area known 
as Garrett Island, consisting of approximately 198 acres 
located at the mouth of the Susquehanna River in Cecil 
County, Maryland. 
(b) ADMINISTRATION.—Lands and interests acquired 
by the United States under this section shall be managed 
by the Secretary as the Garrett Island Unit of the 
Blackwater National Wildlife Refuge.
502
(c) PURPOSES.—The purposes for which the Garrett 
Island Unit is established and shall be managed are the 
following: 
(1) To support the Delmarva Conservation Cor-
ridor Demonstration Program. 
(2) To conserve, restore, and manage habitats 
as necessary to contribute to the migratory bird pop-
ulations prevalent in the Atlantic Flyway. 
(3) To conserve, restore, and manage the sig-
nificant aquatic resource values associated with sub-
merged land adjacent to the unit and to achieve the 
habitat objectives of the agreement known as the 
Chesapeake 2000 Agreement. 
(4) To conserve the archeological resources on 
the unit. 
(5) To provide public access to the unit in a 
manner that does not adversely impact natural re-
sources on and around the unit.
TITLE VI—MISCELLANEOUS
SEC. 5601. CHESAPEAKE BAY OFFICE. 
(a) REAUTHORIZATION OF OFFICE.—Section 307 of 
the National Oceanic and Atmospheric Administration Au-
thorization Act of 1992 (15 U.S.C. 1511d) is amended 
to read as follows:
503
‘‘SEC. 307. CHESAPEAKE BAY OFFICE. 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Com-
merce shall establish, within the National Oceanic and At-
mospheric Administration, an office to be known as the 
Chesapeake Bay Office (in this section referred to as the 
‘Office’). 
‘‘(2) The Office shall be headed by a Director who 
shall be appointed by the Secretary of Commerce, in con-
sultation with the Chesapeake Executive Council. Any in-
dividual appointed as Director shall have knowledge and 
experience in research or resource management efforts in 
the Chesapeake Bay. 
‘‘(3) The Director may appoint such additional per-
sonnel for the Office as the Director determines necessary 
to carry out this section. 
‘‘(b) FUNCTIONS.—The Office, in consultation with 
the Chesapeake Executive Council, shall—
‘‘(1) provide technical assistance to the Admin-
istrator, to other Federal departments and agencies, 
and to State and local government agencies in—
‘‘(A) assessing the processes that shape 
the Chesapeake Bay system and affect its living 
resources; 
‘‘(B) identifying technical and management 
alternatives for the restoration and protection
504
of living resources and the habitats they depend 
upon; and 
‘‘(C) monitoring the implementation and 
effectiveness of management plans; 
‘‘(2) develop and implement a strategy for the 
National Oceanic and Atmospheric Administration 
that integrates the science, research, monitoring, 
data collection, regulatory, and management respon-
sibilities of the Secretary of Commerce in such a 
manner as to assist the cooperative, intergovern-
mental Chesapeake Bay Program to meet the com-
mitments of the Chesapeake Bay Agreement; 
‘‘(3) coordinate the programs and activities of 
the various organizations within the National Oce-
anic and Atmospheric Administration, the Chesa-
peake Bay Regional Sea Grant Programs, and the 
Chesapeake Bay units of the National Estuarine Re-
search Reserve System, including—
‘‘(A) programs and activities in—
‘‘(i) coastal and estuarine research, 
monitoring, and assessment; 
‘‘(ii) fisheries research and stock as-
sessments; 
‘‘(iii) data management; 
‘‘(iv) remote sensing;
505
‘‘(v) coastal management; 
‘‘(vi) habitat conservation and restora-
tion; and 
‘‘(vii) atmospheric deposition; and 
‘‘(B) programs and activities of the Coop-
erative Oxford Laboratory of the National 
Ocean Service with respect to—
‘‘(i) nonindigenous species; 
‘‘(ii) estuarine and marine species pa-
thology; 
‘‘(iii) human pathogens in estuarine 
and marine environments; and 
‘‘(iv) ecosystem health; 
‘‘(4) coordinate the activities of the National 
Oceanic and Atmospheric Administration with the 
activities of the Environmental Protection Agency 
and other Federal, State, and local agencies; 
‘‘(5) establish an effective mechanism which 
shall ensure that projects have undergone appro-
priate peer review and provide other appropriate 
means to determine that projects have acceptable 
scientific and technical merit for the purpose of 
achieving maximum utilization of available funds 
and resources to benefit the Chesapeake Bay area;
506
‘‘(6) remain cognizant of ongoing research, 
monitoring, and management projects and assist in 
the dissemination of the results and findings of 
those projects; and 
‘‘(7) submit a biennial report to the Congress 
and the Secretary of Commerce with respect to the 
activities of the Office and on the progress made in 
protecting and restoring the living resources and 
habitat of the Chesapeake Bay, which report shall 
include an action plan consisting of—
‘‘(A) a list of recommended research, moni-
toring, and data collection activities necessary 
to continue implementation of the strategy de-
scribed in paragraph (2); and 
‘‘(B) proposals for—
‘‘(i) continuing any new National Oce-
anic and Atmospheric Administration ac-
tivities in the Chesapeake Bay; and 
‘‘(ii) the integration of those activities 
with the activities of the partners in the 
Chesapeake Bay Program to meet the 
commitments of the Chesapeake 2000 
agreement and subsequent agreements. 
‘‘(c) CHESAPEAKE BAY FISHERY AND HABITAT RES-
TORATION SMALL WATERSHED GRANTS PROGRAM.—
507
‘‘(1) IN GENERAL.—The Director of the Chesa-
peake Bay Office of the National Oceanic and At-
mospheric Administration (in this section referred to 
as the ‘Director’), in cooperation with the Chesa-
peake Executive Council, shall carry out a commu-
nity-based fishery and habitat restoration small 
grants and technical assistance program in the 
Chesapeake Bay watershed. 
‘‘(2) PROJECTS.—
‘‘(A) SUPPORT.—The Director shall make 
grants under this subsection to pay the Federal 
share of the cost of projects that are carried 
out by entities eligible under paragraph (3) for 
the restoration of fisheries and habitats in the 
Chesapeake Bay. 
‘‘(B) 
FEDERAL
SHARE.—The 
Federal 
share under subparagraph (A) shall not exceed 
75 percent. 
‘‘(C) TYPES OF PROJECTS.—Projects for 
which grants may be made under this sub-
section include—
‘‘(i) the improvement of fish passage-
ways; 
‘‘(ii) the creation of natural or artifi-
cial reefs or substrata for habitats;
508
‘‘(iii) the restoration of wetland or sea 
grass; 
‘‘(iv) the production of oysters for res-
toration projects; and 
‘‘(v) the prevention, identification, and 
control of nonindigenous species. 
‘‘(3) ELIGIBLE ENTITIES.—The following enti-
ties are eligible to receive grants under this sub-
section: 
‘‘(A) The government of a political subdivi-
sion of a State in the Chesapeake Bay water-
shed, and the government of the District of Co-
lumbia. 
‘‘(B) An organization in the Chesapeake 
Bay watershed (such as an educational institu-
tion or a community organization)—
‘‘(i) that is described in section 501(c) 
of the Internal Revenue Code of 1986 and 
is exempt from taxation under section 
501(a) of that Code; and 
‘‘(ii) that will administer such grants 
in coordination with a government referred 
to in subparagraph (A). 
‘‘(4) ADDITIONAL REQUIREMENTS.—The Direc-
tor may prescribe any additional requirements, in-
509
cluding procedures, that the Director considers nec-
essary to carry out the program under this sub-
section. 
‘‘(d) BUDGET LINE ITEM.—The Secretary of Com-
merce shall identify, in the President’s annual budget to 
the Congress, the funding request for the Office. 
‘‘(e) CHESAPEAKE EXECUTIVE COUNCIL.—For pur-
poses of this section, ‘Chesapeake Executive Council’ 
means the representatives from the Commonwealth of Vir-
ginia, the State of Maryland, the Commonwealth of Penn-
sylvania, the Environmental Protection Agency, the Dis-
trict of Columbia, and the Chesapeake Bay Commission, 
who are signatories to the Chesapeake Bay Agreement, 
and any future signatories to that Agreement. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Department of 
Commerce for the Chesapeake Bay Office $6,000,000 for 
each of fiscal years 2002 through 2006.’’. 
(b) CONFORMING AMENDMENT.—Section 2 of the 
National Oceanic and Atmospheric Administration Marine 
Fisheries Program Authorization Act (Public Law 98–
210; 97 Stat. 1409) is amended by striking subsection (e). 
(c) MULTIPLE SPECIES MANAGEMENT STRATEGY.—
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Director
510
of the Chesapeake Bay Office of the National Oce-
anic and Atmospheric Administration shall begin a 
5-year study, in cooperation with the scientific com-
munity of the Chesapeake Bay, appropriate State 
and interstate resource management entities, and 
appropriate Federal agencies—
(A) to determine and expand the under-
standing of the role and response of living re-
sources in the Chesapeake Bay ecosystem; and 
(B) to develop a multiple species manage-
ment strategy for the Chesapeake Bay. 
(2) REQUIRED ELEMENTS OF STUDY.—In order 
to improve the understanding necessary for the de-
velopment of the strategy under paragraph (1)(B), 
the study shall—
(A) determine the current status and 
trends of fish and shellfish that live in the 
Chesapeake Bay and its tributaries and are se-
lected for study; 
(B) evaluate and assess interactions among 
the fish and shellfish referred to in subpara-
graph (A) and other living resources, with par-
ticular attention to the impact of changes with-
in and among trophic levels; and
511
(C) recommend management actions to op-
timize the return of a healthy and balanced eco-
system for the Chesapeake Bay.
SEC. 5602. LEASES, PERMITS, AND CONTRACTS FOR BUILD-
INGS, FACILITIES, AND PROPERTIES IN THE 
NATIONAL WILDLIFE REFUGE SYSTEM. 
(a) IN GENERAL.—The National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd et 
seq.) is amended by—
(1) striking section 6 (relating to amendments 
to other laws, which have executed); 
(2) redesignating section 5 (16 U.S.C. 668ee) 
as section 6; and 
(3) inserting after section 4 the following: 
‘‘SEC. 5. CONCESSION CONTRACTS. 
‘‘(a) CONTRACT REQUIREMENT.—(1) The Secretary 
shall not award any concession that authorizes a person 
to use any land or water in the System for any activity 
described in subsection (b), except under a contract that 
complies with the requirements established under sub-
section (c). 
‘‘(2) The Secretary may not award a contract re-
quired under this subsection except under a competitive 
bidding process.
512
‘‘(b) COVERED CONCESSION ACTIVITIES.—(1) The 
activity referred to in subsection (a) is any activity con-
ducted to provide accommodations, facilities, or services 
to members of the public who are visiting lands or waters 
in the System, for the purpose of providing such visitors 
recreational, educational, or interpretive enjoyment of 
lands or waters in the System. 
‘‘(2) Such activity does not include—
‘‘(A) any activity carried out under a procure-
ment contract, grant agreement, or cooperative 
agreement required under chapter 63 of title 31, 
United States Code; 
‘‘(B) the performance of volunteer services; and 
‘‘(C) any activity by a governmental entity. 
‘‘(c) STANDARDIZED CONTRACT.—(1) The Secretary, 
acting through the Director, shall issue regulations that 
establish a standardized contract for purposes of sub-
section (a). 
‘‘(2) Regulations under this subsection shall author-
ize a contract to use a provision other than those specified 
by the regulations only if—
‘‘(A) the provision addresses extenuating cir-
cumstances that are specific to a refuge or the con-
tract; and
513
‘‘(B) the provision is approved by the Director 
in writing. 
‘‘(3) Regulations under this subsection shall require 
in each contract provisions that require that any activity 
conducted in the System under the contract—
‘‘(A) must be a compatible use; and 
‘‘(B) must be designed to—
‘‘(i) conserve the natural and cultural re-
sources of the System; 
‘‘(ii) facilitate the enjoyment of the lands 
and waters of the System by visitors to the Sys-
tem; and 
‘‘(iii) enhance the such visitors’ knowledge 
of the natural resources of the System. 
‘‘(d) MAINTENANCE
AND REPAIR.—(1) Notwith-
standing any other provision of law, the Secretary shall 
include, in each contract that authorizes a person to use 
any land or water in the System for any activity described 
in subsection (b), provisions that—
‘‘(A) authorize the person to maintain or repair 
any improvement on or in such land or water that 
the person is authorized to use for such activity; and 
‘‘(B) treat costs incurred by the person for such 
maintenance or repair as consideration otherwise re-
quired to be paid to the United States for such use.
514
‘‘(2) This subsection does not authorize any mainte-
nance or repair that is not directly related to an activity 
described in subsection (b) that is authorized by the con-
tract. 
‘‘(3) The United States shall retain title to all prop-
erty that is maintained or repaired under this subsection. 
‘‘(e) NO COMPENSABLE INTEREST.—Nothing in this 
Act shall be considered to convey to any person any right 
to compensation for—
‘‘(1) the value of any maintenance activities, re-
pairs, construction, or improvements on or in land 
or water in the System; or 
‘‘(2) buildings, facilities, fixtures, and non-mov-
able equipment that the person is authorized to use 
under this Act. 
‘‘(f) EXPENDITURE
OF FEES
AND OTHER PAY-
MENTS.—(1) Amounts received by the United States as 
fees or other payments required under any agreement, 
lease, permit, or contract for use of real property located 
in an area in the System shall be available to the Secretary 
for expenditure in accordance with this subsection, without 
further appropriation. 
‘‘(2) Amounts available for expenditure under this 
subsection may only be used—
515
‘‘(A) at the refuge or refuge complex with re-
spect to which the amounts were received as fees or 
other payments; 
‘‘(B) to increase the quality of the visitor expe-
rience; and 
‘‘(C) for purposes of—
‘‘(i) backlogged repair and maintenance 
projects (including projects relating to health 
and safety); 
‘‘(ii) interpretation, signage, habitat, or fa-
cility enhancement; 
‘‘(iii) resource protection and preservation; 
or 
‘‘(iv) administration of agreements, leases, 
permits, and contracts from which such 
amounts are derived. 
‘‘(3) Paragraph (1) shall not affect the application 
of the Act of June 15, 1935 (chapter 261; 16 U.S.C. 
715s), commonly referred to as the Refuge Revenue Shar-
ing Act, to amounts referred to in paragraph (1) that are 
not expended by the Secretary under paragraph (1).’’. 
(b) APPLICATION.—Section 5(a) of the National 
Wildlife Refuge System Administration Act of 1966, as 
amended by this section, shall apply only with respect to 
a concession that is—
516
(1) first awarded after the date of the publica-
tion of regulations under section 5(c) of the National 
Wildlife Refuge System Administration Act of 1966, 
as amended by this section; or 
(2) renewed after the end of the 3-year period 
beginning on the date of the enactment of this Act. 
(c) DEADLINE
FOR REGULATIONS ESTABLISHING 
STANDARDIZED CONTRACT REQUIREMENTS.—The Sec-
retary of the Interior shall issue regulations under section 
5(c) of the National Wildlife Refuge System Administra-
tion Act of 1966, as amended by this section, by not later 
than 18 months after the date of the enactment of this 
Act. 
(d) COMPREHENSIVE
CONSERVATION
PLAN
RE-
QUIREMENT.—Section 4(e) of the National Wildlife Ref-
uge System Administration Act of 1966 (16 U.S.C. 
668dd) is amended by adding at the end the following: 
‘‘(5) The Secretary shall include, in the comprehen-
sive conservation plan for each refuge under this sub-
section, a description of the activities that may be con-
ducted in the refuge, and the lands, waters, and facilities 
of the refuge that may be used, under concession contracts 
awarded under section 5(a).’’. 
(e) PRIOR AMENDMENTS NOT AFFECTED.—Nothing 
in this section shall be construed to affect any amendment
517
made by section 6 of the National Wildlife Refuge System 
Administration Act of 1966, as in effect before the enact-
ment of this Act, or any provision of law amended by such 
section. 
(f) ANNUAL REPORT ON NATIONAL WILDLIFE REF-
UGE CONCESSIONS.—
(1) REPORTING REQUIREMENT.—The National 
Wildlife Refuge System Administration Act of 1966 
(16 U.S.C. 668dd et seq.) is further amended by 
adding at the end the following: 
‘‘SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN 
THE SYSTEM. 
‘‘(a) IN GENERAL.—The Secretary shall submit by 
December 31 each year, to the Committee on Resources 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate, a report 
on concessions activities conducted in the System. 
‘‘(b) CONTENTS.—Each report under this section 
shall describe the following with respect to the period cov-
ered by the report: 
‘‘(1) The number of refuge units in which con-
cessions activities were conducted. 
‘‘(2) The names and descriptions of services of-
fered in the System by each concessionaire.
518
‘‘(3) A listing of the different types of legal ar-
rangements under which concessionaires operated in 
the System, including contracts, memoranda of un-
derstanding, permits, letters of agreement, and other 
arrangements. 
‘‘(4) Amounts of fees or other payments re-
ceived by the United States with respect to such ac-
tivities from each concessionaire, and the portion of 
such funds expended for purposes under this Act. 
‘‘(5) An accounting of the amount of monies 
deposited into the fund established by section 401 of 
the Act of June 15, 1935 (chapter 261; 16 U.S.C. 
715s), popularly known as the refuge revenue shar-
ing fund, and of the balance remaining in the fund 
at the end of the reporting period. 
‘‘(6) A listing of all concession contracts and 
other arrangements that were terminated or not re-
newed within the reporting period. 
‘‘(7) A summary of all improvements in visitor 
services in the System that were completed by con-
cessionaires and volunteers during the reporting pe-
riod. 
‘‘(8) A summary of all backlogged repair and 
maintenance, facility enhancement, and resource
519
preservation projects completed by concessionaires 
and volunteers during the reporting period.’’. 
(2) DEADLINE FOR FIRST REPORT.—The Secretary 
of the Interior shall submit the first report under the 
amendment made by paragraph (1) by not later than 1 
year after the date of the enactment of this Act. 
SEC. 5603. EXTENSION OF AUTHORITY OF STATES OF WASH-
INGTON, OREGON, AND CALIFORNIA TO MAN-
AGE DUNGENESS CRAB FISHERY. 
Section 203 of the Act entitled ‘‘An Act to approve 
a governing international fishery agreement between the 
United States and the Republic of Poland, and for other 
purposes’’, approved November 13, 1998 (Public Law 
105–384; 16 U.S.C. 1856 note), is amended by striking 
subsection (i). 
SEC. 5604. REAUTHORIZATION OF CONNECTICUT RIVER AT-
LANTIC SALMON COMMISSION. 
Public Law 98–138 (97 Stat. 866) is amended by 
adding at the end the following: 
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Secretary 
of the Interior to carry out the activities of the Con-
necticut River Atlantic Salmon Commission $5,000,000 
for each of fiscal years 2002 through 2010.’’.
520
SEC. 
5605. 
CONVEYANCE 
OF 
NOAA 
LABORATORY 
IN 
TIBURON, CALIFORNIA. 
(a) IN GENERAL.—Except as provided in subsection 
(c), the Secretary of Commerce shall convey to the Board 
of Trustees of the California State University, by suitable 
instrument, in accordance with this section, by as soon 
as practicable, but not later than 180 days after the date 
of the enactment of this Act, and without consideration, 
all right, title, and interest of the United States in the 
balance of the National Oceanic and Atmospheric Admin-
istration property known as the Tiburon Laboratory, lo-
cated in Tiburon, California, as described in Exhibit A of 
the notarized, revocable license between the Administra-
tion and Romberg Tiburon Center for Environmental 
Studies at San Francisco State University dated Novem-
ber 5, 2001 (license number 01ABF779–N).
(b) CONDITIONS.—As a condition of any conveyance 
by the Secretary under this section the Secretary shall re-
quire the following: 
(1) The property conveyed shall be adminis-
tered by the Romberg Tiburon Center for Environ-
mental Studies at San Francisco State University 
and used only for the following purposes: 
(A) To enhance estuarine scientific re-
search and estuary restoration activities within 
San Francisco Bay.
521
(B) To administer and coordinate manage-
ment activities at the San Francisco Bay Na-
tional Estuarine Research Reserve. 
(C) To conduct education and interpreta-
tion and outreach activities to enhance public 
awareness and appreciation of estuary re-
sources, and for other purposes.
(2) The Board shall—
(A) take title to the property as is; 
(B) assume full responsibility for all facil-
ity maintenance and repair, security, fire pre-
vention, utilities, signs, and grounds mainte-
nance; 
(C) allow the Secretary to have all nec-
essary ingress and egress over the property of 
the Board to access Department of Commerce 
building and related facilities, equipment, im-
provements, modifications, and alterations; and 
(D) not erect or allow to be erected any 
structure or structures or obstruction of what-
ever kind that will interfere with the access to 
or operation of property retained for the United 
States under subsection (c)(1), unless prior 
written consent has been provided by the Sec-
retary to the Board.
522
(c) RETAINED INTERESTS.—The Secretary shall re-
tain for the United States—
(1) all right, title, and interest in and to the 
portion of the property referred to in subsection (a) 
comprising Building 86, identified as Parcel C on 
Exhibit A of the license referred to in subsection (a), 
including all facilities, equipment, fixtures, improve-
ments, modifications, or alterations made by the 
Secretary; 
(2) rights-of-way and easements that are deter-
mined by the Secretary to be reasonable and conven-
ient to ensure all necessary ingress, egress, utilities, 
drainage, and sewage disposal for the property re-
tained under paragraph (1), including access to the 
existing boat launch ramp (or equivalent) and park-
ing that is suitable to the Secretary; 
(3) the exclusive right to install, maintain, re-
pair, replace, and remove its facilities, fixtures, and 
equipment on the retained property, and to author-
ize other persons to take any such action; 
(4) the right to grade, condition, and install 
drainage facilities, and to seed soil on the retained 
property, if necessary; and 
(5) the right to remove all obstructions from 
the retained property that may constitute a hin-
523
drance to the establishment and maintenance of the 
retained property. 
(d) EQUIVALENT ALTERNATIVE.—
(1) IN GENERAL.—At any time, either the Sec-
retary or the Board may request of each other to 
enter into negotiations pursuant to which the Board 
may convey if appropriate to the United States, in 
exchange for property conveyed by the United States 
under subsection (a), another building that is equiv-
alent in function to the property retained under sub-
section (c) that is acceptable to the Secretary. 
(2) LOCATION.—Property conveyed by the 
Board under this subsection is not required to be lo-
cated on the property referred to in subsection (a). 
(3) COSTS.—If the Secretary and the Board en-
gage in a property exchange under this subsection, 
all costs for repair, removal, and moving of facilities, 
equipment, fixtures, improvements, modifications, or 
alterations, including power, control, and utilities, 
that are necessary for the exchange—
(A) shall be the responsibility of the Sec-
retary, if the action to seek an equivalent alter-
native was requested by the Secretary in re-
sponse to factors unrelated to the activities of
524
the Board or its operatives in the operation of 
its facilities; or 
(B) shall be the responsibility of the 
Board, if the Secretary’s request for an equiva-
lent alternative was in response to changes or 
modifications made by the Board or its 
operatives that adversely affected the Sec-
retary’s interest in the property retained under 
subsection (c). 
(e) ADDITIONAL CONDITIONS.—As conditions of any 
conveyance under subsection (a)—
(1) the Secretary shall require that—
(A) the Board remediate, or have remedi-
ated, at its sole cost, all hazardous or toxic sub-
stance contamination found on the property 
conveyed under subsection (a), whether known 
or unknown at the time of the conveyance or 
later discovered; and 
(B) the Board of Trustees hold harmless 
the Secretary for any and all costs, liabilities, or 
claims by third parties that arise out of any 
hazardous or toxic substance contamination 
found on the property conveyed under sub-
section (a) that are not directly attributable to 
the installation, operation, or maintenance of
525
the Secretary’s facilities, equipment, fixtures, 
improvements, modifications, or alterations; 
(2) the Secretary shall remediate, at the sole 
cost of the United States, all hazardous or toxic sub-
stance contamination on the property retained under 
subsection (c) that is found to have occurred as a di-
rect result of the installation, operation, or mainte-
nance of the Secretary’s facilities, equipment, fix-
tures, improvements, modifications, or alterations; 
and 
(3) if the Secretary decides to terminate future 
occupancy and interest of the property retained 
under subsection (c), the Secretary shall—
(A) provide written notice to the Board at 
least 60 days prior to the scheduled date when 
the property will be vacated; 
(B) remove facilities, equipment, fixtures, 
improvements, modifications, or alterations and 
restore the property to as good a condition as 
existed at the time the property was retained 
under subsection (c), taking into account ordi-
nary wear and tear and exposure to natural ele-
ments or phenomena; or 
(C) surrender all facilities, equipment, fix-
tures, improvements, modifications, or alter-
526
ations to the Board in lieu of restoration, 
whereupon title shall vest in the Board of 
Trustees, and whereby all obligations of res-
toration under this subsection shall be waived, 
and all interests retained under subsection (c) 
shall be revoked.
(f) REVERSIONARY INTEREST.—
(1) IN GENERAL.—All right, title, and interest 
in and to all property and interests conveyed by the 
United States under this section shall revert to the 
United States on the date on which the Board uses 
any of the property for any purpose other than the 
purposes described in subsection (b)(1). 
(2) ADMINISTRATION
OF
REVERTED
PROP-
ERTY.—Any property that reverts to the United 
States under this subsection shall be under the ad-
ministrative jurisdiction of the Administrator of 
General Services.
(3) ANNUAL CERTIFICATION.—One year after 
the date of a conveyance made pursuant to sub-
section (a), and annually thereafter, the Board shall 
certify to the Administrator of General Services or 
his or her designee that the Board and its designees 
are in compliance with the conditions of conveyance 
under subsections (b) and (c).
527
(g) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board of Trustees of the California State University. 
(2) CENTER.—The term ‘‘Center’’ means the 
Romberg Tiburon Center for Environmental Studies 
at San Francisco State University. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
DIVISION 
F—NATIVE 
AMERI-
CANS AND INSULAR AFFAIRS 
TITLE I—PROVISIONS RELATING 
TO 
TERRITORIES 
OF 
THE 
UNITED STATES 
Subtitle A—Guam War Claims 
Review Commission 
SEC. 6101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Guam War Claims 
Review Commission Act’’. 
SEC. 6102. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is hereby established a 
commission to be known as the ‘‘Guam War Claims Re-
view Commission’’ (in this subtitle referred to as the 
‘‘Commission’’). 
(b) MEMBERS.—The Commission shall be composed 
of five members who by virtue of their background and
528
experience are particularly suited to contribute to the 
achievement of the purposes of the Commission. The mem-
bers shall be appointed by the Secretary of the Interior 
not later than 60 days after funds are made available for 
this subtitle. Two of the members shall be selected as fol-
lows: 
(1) One member appointed from a list of three 
names submitted by the Governor of Guam. 
(2) One member appointed from a list of three 
names submitted by the Guam Delegate to the 
United States House of Representatives. 
(c) CHAIRPERSON.—The Commission shall select a 
Chairman from among its members. The term of office 
shall be for the life of the Commission. 
(d) COMPENSATION.—Notwithstanding section 6103, 
members of the Commission shall not be paid for their 
service as members, but in the performance of their duties, 
shall receive travel expenses, including per diem in lieu 
of subsistence, in accordance with sections 5702 and 5703 
of title 5, United States Code. 
(e) VACANCY.—Any vacancy in the Commission shall 
be filled in the same manner as the original appointment. 
SEC. 6103. EMPLOYEES. 
The Commission may appoint an executive director 
and other employees as it may require. The executive di-
529
rector and other employees of the Commission may be ap-
pointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service. Section 3161 of title 5, United States Code, shall 
apply to the executive director and other employees of the 
Commission. 
SEC. 6104. ADMINISTRATIVE. 
The Secretary of the Interior shall provide the Com-
mission, on a reimbursable basis, such administrative sup-
port services as the Commission may request. 
SEC. 6105. DUTIES OF COMMISSION. 
The Commission shall—
(1) review the facts and circumstances sur-
rounding the implementation and administration of 
the Guam Meritorious Claims Act and the effective-
ness of such Act in addressing the war claims of 
American nationals residing on Guam between De-
cember 8, 1941, and July 21, 1944; 
(2) review all relevant Federal and Guam terri-
torial laws, records of oral testimony previously 
taken, and documents in Guam and the Archives of 
the Federal Government regarding Federal pay-
ments of war claims in Guam; 
(3) receive oral testimony of persons who per-
sonally experienced the taking and occupation of
530
Guam by Japanese military forces, noting especially 
the effects of infliction of death, personal injury, 
forced labor, forced march, and internment; 
(4) determine whether there was parity of war 
claims paid to the residents of Guam under the 
Guam Meritorious Claims Act as compared with 
awards made to other similarly affected United 
States citizens or nationals in territory occupied by 
the Imperial Japanese military forces during World 
War II; 
(5) advise on any additional compensation that 
may be necessary to compensate the people of Guam 
for death, personal injury, forced labor, forced 
march, and internment; and 
(6) not later than 9 months after the Commis-
sion is established submit a report, including any 
comments or recommendations for action, to the 
Secretary of the Interior, the Committee on Re-
sources and the Committee on the Judiciary of the 
House of Representatives and the Committee on En-
ergy and Natural Resources and the Committee on 
the Judiciary of the Senate.
531
SEC. 6106. POWERS OF THE COMMISSION. 
(a) AUTHORITY OF CHAIRMAN.—Subject to general 
policies that the Commission may adopt, the Chairman of 
the Commission—
(1) shall exercise the executive and administra-
tive powers of the Commission; and 
(2) may delegate such powers to the staff of the 
Commission. 
(b) HEARINGS AND SESSIONS.—For the purpose of 
carrying out its duties under section 6105, the Commis-
sion may hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission 
considers appropriate. The Commission may administer 
oaths or affirmations to witnesses appearing before it. 
(c) EXPERTS AND CONSULTANTS.—The Commission 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, but at rates 
for individuals not to exceed the daily equivalent of the 
maximum annual rate of basic pay for GS–15 of the Gen-
eral Schedule. The services of an expert or consultant may 
be procured without compensation if the expert or consult-
ant agrees to such an arrangement, in writing, in advance. 
(d) SUPPORT OF FEDERAL AGENCIES.—Upon re-
quest of the Commission, the head of any Federal depart-
ment or agency may provide support to the Commission 
to assist it in carrying out its duties under section 6105.
532
SEC. 6107. TERMINATION OF COMMISSION. 
The Commission shall terminate 30 days after sub-
mission of its report under section 6105(6). 
SEC. 6108. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $500,000 to 
carry out this subtitle. 
Subtitle B—Samoa Bonds 
SEC. 6121. CLARIFICATION OF TAX TREATMENT OF BONDS 
AND OTHER OBLIGATIONS ISSUED BY GOV-
ERNMENT OF AMERICAN SAMOA. 
(a) EXEMPTION OF ALL BONDS FROM INCOME TAX-
ATION
BY STATE
AND LOCAL GOVERNMENTS.—Sub-
section (b) of section 202 of Public Law 98-454 (48 
U.S.C. 1670) is amended to read as follows: 
‘‘(b) EXEMPTION
OF ALL BONDS FROM INCOME 
TAXATION BY STATE AND LOCAL GOVERNMENTS.—
‘‘(1) IN GENERAL.—The interest on any bond 
or other obligation issued by or on behalf of the 
Government of American Samoa shall be exempt 
from taxation by the Government of American 
Samoa and the governments of any of the several 
States, the District of Columbia, any territory or 
possession of the United States, and any subdivision 
thereof. 
‘‘(2) EXEMPTION APPLICABLE ONLY TO INCOME 
TAXES.—The exemption provided by paragraph (1)
533
shall not apply to gift, estate, inheritance, legacy, 
succession, or other wealth transfer taxes.’’. 
SEC. 6122. EFFECTIVE DATE. 
This subtitle shall apply to obligations issued after 
the date of the enactment of this title. 
Subtitle C—Grants to Territories of 
the United States 
SEC. 6131. WAIVER OF LOCAL MATCHING REQUIREMENTS. 
(a) WAIVER
OF
CERTAIN
MATCHING
REQUIRE-
MENTS.—Section 501 of the Act entitled ‘‘An Act to au-
thorize certain appropriations for the territories of the 
United States, to amend certain Acts relating thereto, and 
for other purposes’’, approved October 15, 1977 (48 
U.S.C. 1469a; 91 Stat. 1164) is amended—
(1) in the last sentence of subsection (d), by 
striking ‘‘by law’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) Notwithstanding any other provision of law, in 
the case of American Samoa, Guam, the Virgin Islands, 
and the Northern Mariana Islands, each department or 
agency of the United States shall waive any requirement 
for local matching funds (including in-kind contributions) 
that the insular area would otherwise be required to pro-
vide for any grant as follows:
534
‘‘(1) For a grant requiring matching funds (in-
cluding in-kind contributions) of $500,000 or less, 
the entire matching requirement shall be waived. 
‘‘(2) For a grant requiring matching funds (in-
cluding 
in-kind 
contributions) 
of 
more 
than 
$500,000, $500,000 of the matching requirement 
shall be waived.’’. 
(b) CONFORMING AMENDMENT.—Section 601 of the 
Act entitled ‘‘An Act to authorize appropriations for cer-
tain insular areas of the United States, and for other pur-
poses’’, approved March 12, 1980 (48 U.S.C. 1469a note; 
94 Stat. 90), is amended by striking ‘‘, and adding the 
following sentence’’ and all that follows through ‘‘Is-
lands.’ ’’. 
(c) STUDY.—Not later than 2 years after the date 
of the enactment of this title, the Secretary of the Interior 
shall complete and submit to the Committee on Resources 
of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate the results 
of a study of the implementation of the amendments made 
by subsection (a).
535
TITLE II—YANKTON SIOUX AND 
SANTEE SIOUX TRIBES EQUI-
TABLE COMPENSATION 
SEC. 6201. SHORT TITLE. 
This title may be cited as the ‘‘Yankton Sioux Tribe 
and Santee Sioux Tribe Equitable Compensation Act’’. 
SEC. 6202. FINDINGS. 
Congress finds that—
(1) by enacting the Act of December 22, 1944, 
commonly known as the ‘‘Flood Control Act of 
1944’’ (58 Stat. 887, chapter 665; 33 U.S.C. 701–
1 et seq.) Congress approved the Pick-Sloan Mis-
souri River Basin program (referred to in this sec-
tion as the ‘‘Pick-Sloan program’’)—
(A) to promote the general economic devel-
opment of the United States; 
(B) to provide for irrigation above Sioux 
City, Iowa; 
(C) to protect urban and rural areas from 
devastating floods of the Missouri River; and 
(D) for other purposes; 
(2) the waters impounded for the Fort Randall 
and Gavins Point projects of the Pick-Sloan pro-
gram have inundated the fertile, wooded bottom 
lands along the Missouri River that constituted the
536
most productive agricultural and pastoral lands of, 
and the homeland of, the members of the Yankton 
Sioux Tribe and the Santee Sioux Tribe; 
(3) the Fort Randall project (including the Fort 
Randall Dam and Reservoir) overlies the western 
boundary of the Yankton Sioux Tribe Indian Res-
ervation; 
(4) the Gavins Point project (including the Gav-
ins Point Dam and Reservoir) overlies the eastern 
boundary of the Santee Sioux Tribe; 
(5) although the Fort Randall and Gavins Point 
projects are major components of the Pick-Sloan 
program, and contribute to the economy of the 
United States by generating a substantial amount of 
hydropower and impounding a substantial quantity 
of water, the reservations of the Yankton Sioux 
Tribe and the Santee Sioux Tribe remain undevel-
oped; 
(6) the United States Army Corps of Engineers 
took the Indian lands used for the Fort Randall and 
Gavins Point projects by condemnation proceedings; 
(7) the Federal Government did not give the 
Yankton Sioux Tribe and the Santee Sioux Tribe an 
opportunity to receive compensation for direct dam-
ages from the Pick-Sloan program, even though the
537
Federal Government gave 5 Indian reservations up-
stream from the reservations of those Indian tribes 
such an opportunity; 
(8) the Yankton Sioux Tribe and the Santee 
Sioux Tribe did not receive just compensation for 
the taking of productive agricultural Indian lands 
through the condemnation referred to in paragraph 
(6); 
(9) the settlement agreement that the United 
States entered into with the Yankton Sioux Tribe 
and the Santee Sioux Tribe to provide compensation 
for the taking by condemnation referred to in para-
graph (6) did not take into account the increase in 
property values over the years between the date of 
taking and the date of settlement; and 
(10) in addition to the financial compensation 
provided under the settlement agreements referred 
to in paragraph (9)—
(A) the Yankton Sioux Tribe should re-
ceive 
an 
aggregate 
amount 
equal 
to 
$23,023,743 for the loss value of 2,851.40 
acres of Indian land taken for the Fort Randall 
Dam and Reservoir of the Pick-Sloan program; 
and
538
(B) the Santee Sioux Tribe should receive 
an aggregate amount equal to $4,789,010 for 
the loss value of 593.10 acres of Indian land lo-
cated near the Santee village. 
SEC. 6203. DEFINITIONS. 
In this title: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given that term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(2) SANTEE SIOUX TRIBE.—The term ‘‘Santee 
Sioux Tribe’’ means the Santee Sioux Tribe of Ne-
braska. 
(3) 
YANKTON
SIOUX
TRIBE.—The 
term 
‘‘Yankton Sioux Tribe’’ means the Yankton Sioux 
Tribe of South Dakota. 
SEC. 6204. YANKTON SIOUX TRIBE DEVELOPMENT TRUST 
FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Yankton Sioux Tribe Development Trust Fund’’ (re-
ferred to in this section as the ‘‘Fund’’). The Fund shall 
consist of any amounts deposited in the Fund under this 
title.
539
(b) FUNDING.—On the first day of the 11th fiscal 
year that begins after the date of enactment of this Act, 
the Secretary of the Treasury shall, from the General 
Fund of the Treasury, deposit into the Fund established 
under subsection (a)—
(1) $23,023,743; and 
(2) an additional amount that equals the 
amount of interest that would have accrued on the 
amount described in paragraph (1) if such amount 
had been invested in interest-bearing obligations of 
the United States, or in obligations guaranteed as to 
both principal and interest by the United States, on 
the first day of the first fiscal year that begins after 
the date of enactment of this Act and compounded 
annually thereafter. 
(c) INVESTMENT OF TRUST FUND.—It shall be the 
duty of the Secretary of the Treasury to invest such por-
tion of the Fund as is not, in the Secretary of Treasury’s 
judgment, required to meet current withdrawals. Such in-
vestments may be made only in interest-bearing obliga-
tions of the United States or in obligations guaranteed as 
to both principal and interest by the United States. The 
Secretary of the Treasury shall deposit interest resulting 
from such investments into the Fund. 
(d) PAYMENT OF INTEREST TO TRIBE.—
540
(1) WITHDRAWAL OF INTEREST.—Beginning on 
the first day of the 11th fiscal year after the date 
of enactment of this Act and, on the first day of 
each fiscal year thereafter, the Secretary of the 
Treasury shall withdraw the aggregate amount of in-
terest deposited into the Fund for that fiscal year 
and transfer that amount to the Secretary of the In-
terior for use in accordance with paragraph (2). 
Each amount so transferred shall be available with-
out fiscal year limitation. 
(2) PAYMENTS TO YANKTON SIOUX TRIBE.—
(A) IN GENERAL.—The Secretary of the 
Interior shall use the amounts transferred 
under paragraph (1) only for the purpose of 
making payments to the Yankton Sioux Tribe, 
as such payments are requested by that Indian 
tribe pursuant to tribal resolution. 
(B) LIMITATION.—Payments may be made 
by the Secretary of the Interior under subpara-
graph (A) only after the Yankton Sioux Tribe 
has adopted a tribal plan under section 6206. 
(C) USE
OF
PAYMENTS
BY
YANKTON 
SIOUX TRIBE.—The Yankton Sioux Tribe shall 
use the payments made under subparagraph 
(A) only for carrying out projects and programs
541
under the tribal plan prepared under section 
6206. 
(e) TRANSFERS
AND WITHDRAWALS.—Except as 
provided in subsections (c) and (d)(1), the Secretary of 
the Treasury may not transfer or withdraw any amount 
deposited under subsection (b). 
SEC. 6205. SANTEE SIOUX TRIBE DEVELOPMENT TRUST 
FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Santee Sioux Tribe Development Trust Fund’’ (referred 
to in this section as the ‘‘Fund’’). The Fund shall consist 
of any amounts deposited in the Fund under this title. 
(b) FUNDING.—On the first day of the 11th fiscal 
year that begins after the date of enactment of this Act, 
the Secretary of the Treasury shall, from the General 
Fund of the Treasury, deposit into the Fund established 
under subsection (a)—
(1) $4,789,010; and 
(2) an additional amount that equals the 
amount of interest that would have accrued on the 
amount described in paragraph (1) if such amount 
had been invested in interest-bearing obligations of 
the United States, or in obligations guaranteed as to 
both principal and interest by the United States, on
542
the first day of the first fiscal year that begins after 
the date of enactment of this Act and compounded 
annually thereafter. 
(c) INVESTMENT OF TRUST FUND.—It shall be the 
duty of the Secretary of the Treasury to invest such por-
tion of the Fund as is not, in the Secretary of Treasury’s 
judgment, required to meet current withdrawals. Such in-
vestments may be made only in interest-bearing obliga-
tions of the United States or in obligations guaranteed as 
to both principal and interest by the United States. The 
Secretary of the Treasury shall deposit interest resulting 
from such investments into the Fund. 
(d) PAYMENT OF INTEREST TO TRIBE.—
(1) WITHDRAWAL OF INTEREST.—Beginning on 
the first day of the 11th fiscal year after the date 
of enactment of this Act and, on the first day of 
each fiscal year thereafter, the Secretary of the 
Treasury shall withdraw the aggregate amount of in-
terest deposited into the Fund for that fiscal year 
and transfer that amount to the Secretary of the In-
terior for use in accordance with paragraph (2). 
Each amount so transferred shall be available with-
out fiscal year limitation. 
(2) PAYMENTS TO SANTEE SIOUX TRIBE.—
543
(A) IN GENERAL.—The Secretary of the 
Interior shall use the amounts transferred 
under paragraph (1) only for the purpose of 
making payments to the Santee Sioux Tribe, as 
such payments are requested by that Indian 
tribe pursuant to tribal resolution. 
(B) LIMITATION.—Payments may be made 
by the Secretary of the Interior under subpara-
graph (A) only after the Santee Sioux Tribe has 
adopted a tribal plan under section 6206. 
(C) USE OF PAYMENTS BY SANTEE SIOUX 
TRIBE.—The Santee Sioux Tribe shall use the 
payments made under subparagraph (A) only 
for carrying out projects and programs under 
the tribal plan prepared under section 6206. 
(e) TRANSFERS
AND WITHDRAWALS.—Except as 
provided in subsections (c) and (d)(1), the Secretary of 
the Treasury may not transfer or withdraw any amount 
deposited under subsection (b). 
SEC. 6206. TRIBAL PLANS. 
(a) IN GENERAL.—Not later than 24 months after 
the date of enactment of this Act, the tribal council of 
each of the Yankton Sioux and Santee Sioux Tribes shall 
prepare a plan for the use of the payments to the tribe
544
under section 6204(d) or 6205(d) (referred to in this sub-
section as a ‘‘tribal plan’’). 
(b) CONTENTS OF TRIBAL PLAN.—Each tribal plan 
shall provide for the manner in which the tribe covered 
under the tribal plan shall expend payments to the tribe 
under section 6204(d) or 6205(d) to promote—
(1) economic development; 
(2) infrastructure development; 
(3) the educational, health, recreational, and so-
cial welfare objectives of the tribe and its members; 
or 
(4) any combination of the activities described 
in paragraphs (1), (2), and (3). 
(c) TRIBAL PLAN REVIEW AND REVISION.—
(1) IN GENERAL.—Each tribal council referred 
to in subsection (a) shall make available for review 
and comment by the members of the tribe a copy of 
the tribal plan for the Indian tribe before the tribal 
plan becomes final, in accordance with procedures 
established by the tribal council. 
(2) UPDATING OF TRIBAL PLAN.—Each tribal 
council referred to in subsection (a) may, on an an-
nual basis, revise the tribal plan prepared by that 
tribal council to update the tribal plan. In revising 
the tribal plan under this paragraph, the tribal
545
council shall provide the members of the tribe oppor-
tunity to review and comment on any proposed revi-
sion to the tribal plan. 
(3) CONSULTATION.—In preparing the tribal 
plan and any revisions to update the plan, each trib-
al council shall consult with the Secretary of the In-
terior and the Secretary of Health and Human Serv-
ices. 
(4) ANNUAL REPORTS.—Each tribe shall sub-
mit an annual report to the Secretary describing any 
expenditures of funds withdrawn by that tribe under 
this title. 
(d) PROHIBITION ON PER CAPITA PAYMENTS.—No 
portion of any payment made under this title may be dis-
tributed to any member of the Yankton Sioux Tribe or 
the Santee Sioux Tribe of Nebraska on a per capita basis. 
SEC. 6207. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 
AND SERVICES. 
(a) IN GENERAL.—No payment made to the Yankton 
Sioux Tribe or Santee Sioux Tribe pursuant to this title 
shall result in the reduction or denial of any service or 
program to which, pursuant to Federal law—
(1) the Yankton Sioux Tribe or Santee Sioux 
Tribe is otherwise entitled because of the status of 
the tribe as a federally recognized Indian tribe; or
546
(2) any individual who is a member of a tribe 
under paragraph (1) is entitled because of the status 
of the individual as a member of the tribe. 
(b) EXEMPTIONS FROM TAXATION.—No payment 
made pursuant to this title shall be subject to any Federal 
or State income tax. 
(c) POWER RATES.—No payment made pursuant to 
this title shall affect Pick-Sloan Missouri River Basin 
power rates. 
SEC. 6208. STATUTORY CONSTRUCTION. 
Nothing in this title may be construed as diminishing 
or affecting any water right of an Indian tribe, except as 
specifically provided in another provision of this title, any 
treaty right that is in effect on the date of enactment of 
this Act, or any authority of the Secretary of the Interior 
or the head of any other Federal agency under a law in 
effect on the date of enactment of this Act. 
SEC. 6209. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this title, including such 
sums as may be necessary for the administration of the 
Yankton Sioux Tribe Development Trust Fund under sec-
tion 6204 and the Santee Sioux Tribe Development Trust 
Fund under section 6205.
547
SEC. 6210. EXTINGUISHMENT OF CLAIMS. 
Upon the deposit of funds under sections 6204(b) 
and 6205(b), all monetary claims that the Yankton Sioux 
Tribe or the Santee Sioux Tribe of Nebraska has or may 
have against the United States for loss of value or use 
of land related to lands described in section 6202(a)(10) 
resulting from the Fort Randall and Gavins Point projects 
of the Pick-Sloan Missouri River Basin program shall be 
extinguished. 
TITLE III—OKLAHOMA NATIVE 
AMERICAN CULTURAL CEN-
TER AND MUSEUM 
SEC. 6301. OKLAHOMA NATIVE AMERICAN CULTURAL CEN-
TER AND MUSEUM. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In order to promote better understanding 
between Indian and non-Indian citizens of the 
United States, and in light of the Federal Govern-
ment’s continuing trust responsibilities to Indian 
tribes, it is appropriate, desirable, and a proper 
function of the Federal Government to provide 
grants for the development of a museum designated 
to display the heritage and culture of Indian tribes. 
(2) In recognition of the unique status and his-
tory of Indian tribes in the State of Oklahoma and
548
the role of the Federal Government in such history, 
it is appropriate and proper for the museum referred 
to in paragraph (1) to be located in the State of 
Oklahoma. 
(b) GRANT.—
(1) IN GENERAL.—The Secretary shall offer to 
award financial assistance equaling not more than 
$33,000,000 and technical assistance to the Author-
ity to be used for the development and construction 
of a Native American Cultural Center and Museum 
in Oklahoma City, Oklahoma. 
(2) AGREEMENT.—To be eligible to receive a 
grant under paragraph (1), the appropriate official 
of the Authority shall—
(A) enter into a grant agreement with the 
Secretary which shall specify the duties of the 
Authority under this section, including provi-
sions for continual maintenance of the Center 
by the Authority without the use of Federal 
funds; and 
(B) demonstrate, to the satisfaction of the 
Secretary, that the Authority has raised, or has 
commitments from private persons or State or 
local government agencies for, an amount that 
is equal to not less than 66 percent of the cost
549
to the Authority of the activities to be carried 
out under the grant. 
(3) LIMITATION.—The amount of any grant 
awarded under paragraph (1) shall not exceed 33 
percent of the cost of the activities to be funded 
under the grant. 
(4) IN-KIND CONTRIBUTION.—When calculating 
the cost share of the Authority under this title, the 
Secretary shall reduce such cost share obligation by 
the fair market value of the approximately 300 acres 
of land donated by Oklahoma City for the Center, if 
such land is used for the Center. 
(c) DEFINITIONS.—For the purposes of this title: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Native American Cultural and Educational Au-
thority of Oklahoma, and agency of the State of 
Oklahoma. 
(2) CENTER.—The term ‘‘Center’’ means the 
Native American Cultural Center and Museum au-
thorized pursuant to this section. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to
550
grant assistance under subsection (b)(1), $8,250,000 for 
each of fiscal years 2003 through 2006. 
TITLE 
IV—TRANSMISSION 
OF 
POWER FROM INDIAN LANDS 
IN OKLAHOMA 
SEC. 6401. TRANSMISSION OF POWER FROM INDIAN LANDS 
IN OKLAHOMA. 
To the extent the Southwestern Power Administra-
tion makes transmission capacity available without replac-
ing the present capacity of existing users of the Adminis-
tration’s transmission system, the Administrator of the 
Southwestern Power Administration shall take such ac-
tions as may be necessary, in accordance with all applica-
ble Federal law, to make the transmission services of the 
Administration available for the transmission of electric 
power generated at facilities located on land within the 
jurisdictional area of any Oklahoma Indian tribe (as deter-
mined by the Secretary of the Interior) recognized by the 
Secretary as eligible for trust land status under 25 CFR 
Part 151. The owner or operator of the generation facili-
ties concerned shall reimburse the Administrator for all 
costs of such actions in accordance with standards applica-
ble to payment of such costs by other users of the South-
western Power Administration transmission system.
551
TITLE V—RUSSIAN RIVER LANDS 
SEC. 6501. SHORT TITLE. 
This title may be cited as the ‘‘Russian River Land 
Act’’. 
SEC. 6502. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Certain lands adjacent to the Russian River 
in the area of its confluence with the Kenai River 
contain abundant archaeological resources of signifi-
cance to the Native people of the Cook Inlet Region, 
the Kenaitze Indian Tribe, and the citizens of the 
United States. 
(2) Those lands at the confluence of the Rus-
sian River and Kenai River contain abundant fish-
eries resources of great significance to the citizens of 
Alaska. 
(3) Cook Inlet Region, Inc., an Alaska Native 
Regional Corporation formed under the provisions of 
the Alaska Native Claims Settlement Act of 1971 
(43 U.S.C. 1601 et. seq.) (hereinafter in this title 
referred to as ‘‘ANCSA’’), has selected lands in the 
area pursuant to section 14(h)(1) of such Act (43 
U.S.C. 1613(h)(1)), for their values as historic and 
cemetery sites.
552
(4) The United States Bureau of Land Man-
agement, the Federal agency responsible for the ad-
judication of ANCSA selections has not finished ad-
judicating Cook Inlet Region, Inc.’s selections under 
section 14(h)(1) of that Act as of the date of the en-
actment of this title. 
(5) The Bureau of Indian Affairs has certified 
a portion of Cook Inlet Region, Inc.’s selections 
under section 14(h)(1) of ANCSA as containing pre-
historic and historic cultural artifacts, and meeting 
the requirements of section 14(h)(1) of that Act. 
(6) A portion of the selections under section 
14(h)(1) of ANCSA made by Cook Inlet Region, 
Inc., and certified by the Bureau of Indian Affairs 
lies within the Chugach National Forest over which 
the United States Forest Service is the agency cur-
rently responsible for the administration of public 
activities, archaeological features, and natural re-
sources. 
(7) A portion of the selections under section 
14(h)(1) of ANCSA and the lands certified by the 
Bureau of Indian Affairs lies within the Kenai Na-
tional Wildlife Refuge over which the United States 
Fish and Wildlife Service is the land managing 
agency currently responsible for the administration
553
of public activities, archaeological features, and nat-
ural resources. 
(8) The area addressed by this title lies within 
the Sqilantnu Archaeological District which was de-
termined eligible for the National Register of His-
toric Places on December 31, 1981. 
(9) Both the Forest Service and the Fish and 
Wildlife Service dispute the validity and timeliness of 
Cook Inlet Region, Inc.’s selections under section 
14(h)(1) of ANCSA. 
(10) The Forest Service, Fish and Wildlife 
Service, and Cook Inlet Region, Inc., determined 
that it was in the interest of the United States and 
Cook Inlet Region, Inc., to—
(A) protect and preserve the outstanding 
historic, cultural, and natural resources of the 
area; 
(B) resolve their disputes concerning the 
validity of Cook Inlet Region, Inc.’s selections 
under section 14(h)(1) of ANCSA without liti-
gation; and 
(C) provide for the management of public 
use of the area and protection of the cultural 
resources within the Sqilantnu Archaeological 
District, particularly the management of the
554
area at the confluence of the Russian and 
Kenai Rivers. 
(11) Legislation is required to enact the resolu-
tion reached by the Forest Service, the Fish and 
Wildlife Service, and Cook Inlet Region, Inc. 
(b) PURPOSE.—It is the purpose of this title to ratify 
an agreement between the Department of Agriculture, the 
Department of the Interior, and Cook Inlet Region, Inc. 
SEC. 6503. RATIFICATION OF AGREEMENT BETWEEN THE 
UNITED STATES FOREST SERVICE, UNITED 
STATES FISH AND WILDLIFE SERVICE, AND 
COOK INLET REGION, INC. 
(a) RATIFICATION OF AGREEMENT.—
(1) IN GENERAL.—The terms, conditions, cov-
enants, and procedures set forth in the document 
entitled ‘‘Russian River Section 14(h)(1) Selection 
Agreement’’, which was executed by Cook Inlet Re-
gion, Inc., the United States Department of Agri-
culture, and the United States Department of the 
Interior on July 26, 2001, (hereinafter in this title 
referred to as the ‘‘Agreement’’), are hereby incor-
porated in this section, and are ratified, as to the 
duties and obligations of the United States and the 
Cook Inlet Region, Inc., as a matter of Federal law.
555
(2) SECTION 5.—The ratification of section 5 of 
the Agreement is subject to the following conditions: 
(A) The Fish and Wildlife Service shall 
consult with interested parties when developing 
an exchange under section 5 of the Agreement. 
(B) The Secretary of the Interior shall 
submit to the Committee on Resources of the 
House of Representatives and the Committee 
on Energy and Natural Resources of the Senate 
a copy of the agreement implementing any ex-
change under section 5 of the Agreement not 
less than 30 days before the exchange becomes 
effective. 
(3) AGREEMENT CONTROLS.—In the event any 
of the terms of the Agreement conflict with any 
other provision of law, the terms of the Agreement 
shall be controlling. 
(b) AUTHORIZATION OF ACTIONS.—The Secretaries 
of Agriculture and the Interior are authorized to take all 
actions required under the terms of the Agreement. 
SEC. 6504. AUTHORIZATION OF APPROPRIATION. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Department of Agriculture, Office of State 
and Private Forestry, $13,800,000, to remain available
556
until expended, for Cook Inlet Region, Inc., for the fol-
lowing: 
(1) Costs for the planning and design of the 
Joint Visitor’s Interpretive Center. 
(2) Planning and design of the Sqilantnu Ar-
chaeological Research Center. 
(3) Construction of these facilities to be estab-
lished in accordance with and for the purposes set 
forth in the Agreement. 
(b) LIMITATION ON USE OF FUNDS.—Of the amount 
appropriated under this section, not more than 1 percent 
may be used to reimburse the Forest Service, the Fish 
and Wildlife Service, and the Kenaitze Indian Tribe for 
the costs they incur in assisting Cook Inlet Region, Inc. 
in the planning and design of the Joint Visitor’s Interpre-
tive Center and the Sqilantnu Archaeological Research 
Center. 
TITLE VI—PECHANGA TRIBE 
SEC. 6601. LAND OF PECHANGA BAND OF LUISENO MISSION 
INDIANS. 
(a) LIMITATION ON CONVEYANCE.—Land described 
in subsection (b) (or any interest in that land) shall not 
be voluntarily or involuntarily transferred or otherwise 
made available for condemnation until the date on 
which—
557
(1)(A) the Secretary of the Interior renders a 
final decision on the fee to trust application pending 
on the date of the enactment of this title concerning 
the land; and 
(B) final decisions have been rendered regard-
ing all appeals relating to that application decision; 
or 
(2) the fee to trust application described in 
paragraph (1)(A) is withdrawn. 
(b) DESCRIPTION OF LAND.—The land referred to in 
subsection (a) is land located in Riverside County, Cali-
fornia, that is held in fee by the Pechanga Band of 
Luiseno Mission Indians, as described in Document No. 
211130 of the Office of the Recorder, Riverside County, 
California, and recorded on May 15, 2001. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion designates, or shall be used to construe, any land de-
scribed in subsection (b) (or any interest in that land) as 
an Indian reservation, Indian country, Indian land, or res-
ervation land (as those terms are defined under any Fed-
eral law (including a regulation)) for any purpose under 
any Federal law.
558
TITLE 
VII—CHEROKEE, 
CHOC-
TAW, AND CHICKASAW NA-
TIONS CLAIMS SETTLEMENT 
ACT 
SEC. 6701. SHORT TITLE. 
This title may be cited as the ‘‘Cherokee, Choctaw, 
and Chickasaw Nations Claims Settlement Act’’. 
SEC. 6702. FINDINGS. 
The Congress finds the following: 
(1) It is the policy of the United States to pro-
mote tribal self-determination and economic self-suf-
ficiency and to encourage the resolution of disputes 
over historical claims through mutually agreed-to 
settlements between Indian Nations and the United 
States. 
(2) There are pending before the United States 
Court of Federal Claims certain lawsuits against the 
United States brought by the Cherokee, Choctaw, 
and Chickasaw Nations seeking monetary damages 
for the alleged use and mismanagement of tribal re-
sources along the Arkansas River in eastern Okla-
homa. 
(3) The Cherokee Nation, a federally recognized 
Indian tribe with its present tribal headquarters 
south of Tahlequah, Oklahoma, having adopted its
559
most recent constitution on June 26, 1976, and hav-
ing entered into various treaties with the United 
States, including but not limited to the Treaty at 
Hopewell, executed on November 28, 1785 (7 Stat. 
18), and the Treaty at Washington, D.C., executed 
on July 19, 1866 (14 Stat. 799), has maintained a 
continuous government-to-government relationship 
with the United States since the earliest years of the 
Union. 
(4) The Choctaw Nation, a federally recognized 
Indian tribe with its present tribal headquarters in 
Durant, Oklahoma, having adopted its most recent 
constitution on July 9, 1983, and having entered 
into various treaties with the United States of Amer-
ica, including but not limited to the Treaty at Hope-
well, executed on January 3, 1786 (7 Stat. 21), and 
the Treaty at Washington, D.C., executed on April 
28, 1866 (7 Stat. 21), has maintained a continuous 
government-to-government relationship with the 
United States since the earliest years of the Union. 
(5) The Chickasaw Nation, a federally recog-
nized Indian tribe with its present tribal head-
quarters in Ada, Oklahoma, having adopted its most 
recent constitution on August 27, 1983, and having 
entered into various treaties with the United States
560
of America, including but not limited to the Treaty 
at Hopewell, executed on January 10, 1786 (7 Stat. 
24), and the Treaty at Washington, D.C., executed 
on April 28, 1866 (7 Stat. 21), has maintained a 
continuous government-to-government relationship 
with the United States since the earliest years of the 
Union. 
(6) In the first half of the 19th century, the 
Cherokee, Choctaw, and Chickasaw Nations were 
forcibly removed from their homelands in the south-
eastern United States to lands west of the Mis-
sissippi in the Indian Territory that were ceded to 
them by the United States. From the ‘‘Three Forks’’ 
area near present day Muskogee, Oklahoma, down-
stream to the point of confluence with the Canadian 
River, the Arkansas River flowed entirely within the 
territory of the Cherokee Nation. From that point of 
confluence downstream to the Arkansas territorial 
line, the Arkansas River formed the boundary be-
tween the Cherokee Nation on the left side of the 
thread of the river and the Choctaw and Chickasaw 
Nations on the right. 
(7) Pursuant to the Act of April 30, 1906 (34 
Stat. 137), tribal property not allotted to individuals 
or otherwise disposed of, including the bed and
561
banks of the Arkansas River, passed to the United 
States in trust for the use and benefit of the respec-
tive Indian Nations in accordance with their respec-
tive interests therein. 
(8) For more than 60 years after Oklahoma 
statehood, the Bureau of Indian Affairs believed 
that Oklahoma owned the Riverbed from the Arkan-
sas State line to Three Forks, and therefore took no 
action to protect the Indian Nations’ Riverbed re-
sources such as oil, gas, and Drybed Lands suitable 
for grazing and agriculture. 
(9) Third parties with property near the Arkan-
sas River began to occupy the 3 Indian Nations’ 
Drybed Lands—lands that were under water at the 
time of statehood but that are now dry due to 
changes in the course of the river. 
(10) In 1966, the 3 Indian Nations sued the 
State of Oklahoma to recover their lands. In 1970, 
the Supreme Court of the United States decided in 
the case of Choctaw Nation vs. Oklahoma (396 U.S. 
620), that the Indian Nations retained title to their 
respective portions of the Riverbed along the navi-
gable reach of the river. 
(11) In 1987, the Supreme Court of the United 
States in the case of United States vs. Cherokee Na-
562
tion (480 U.S. 700) decided that the riverbed lands 
did not gain an exemption from the Federal Govern-
ment’s navigational servitude and that the Cherokee 
Nation had no right to compensation for damage to 
its interest by exercise of the Government’s ser-
vitude. 
(12) In 1989, the Indian Nations filed lawsuits 
against the United States in the United States 
Court of Federal Claims (Case Nos. 218–89L and 
630–89L), seeking damages for the United States’ 
use and mismanagement of tribal trust resources 
along the Arkansas River. Those actions are still 
pending. 
(13) In 1997, the United States filed quiet title 
litigation against individuals occupying some of the 
Indian Nations’ Drybed Lands. That action, filed in 
the United States District Court for the Eastern 
District of Oklahoma, was dismissed without preju-
dice on technical grounds. 
(14) Much of the Indian Nations’ Drybed 
Lands have been occupied by a large number of ad-
jacent landowners in Oklahoma. Without Federal 
legislation, further litigation against thousands of 
such landowners would be likely and any final reso-
lution of disputes would take many years and entail
563
great expense to the United States, the Indian Na-
tions, and the individuals and entities occupying the 
Drybed Lands and would seriously impair long-term 
economic planning and development for all parties. 
(15) The Councils of the Cherokee and Choctaw 
Nations and the Legislature of the Chickasaw Na-
tion have each enacted tribal resolutions which 
would, contingent upon the passage of this title and 
the satisfaction of its terms and in exchange for the 
moneys appropriated hereunder—
(A) settle and forever release their respec-
tive claims against the United States asserted 
by them in United States Court of Federal 
Claims Case Nos. 218–89L and 630–89L; and 
(B) forever disclaim any and all right, 
title, and interest in and to the Disclaimed 
Drybed Lands, as set forth in those enactments 
of the respective councils of the Indian Nations. 
(16) The resolutions adopted by the respective 
Councils of the Cherokee, Choctaw, and Chickasaw 
Nations each provide that, contingent upon the pas-
sage of the settlement legislation and satisfaction of 
its terms, each Indian Nation agrees to dismiss, re-
lease, and forever discharge its claims asserted 
against the United States in the United State Court
564
of Federal Claims, Case Nos. 218–89L and 630–
89L, and to forever disclaim any right, title, or in-
terest of the Indian Nation in the Disclaimed 
Drybed Lands, in exchange for the funds appro-
priated and allocated to the Indian Nation under the 
provisions of the settlement legislation, which funds 
the Indian Nation agrees to accept in full satisfac-
tion and settlement of all claims against the United 
States for the damages sought in the aforementioned 
claims asserted in the United States Court of Fed-
eral Claims, and as full and fair compensation for 
disclaiming its right, title, and interest in the Dis-
claimed Drybed Lands. 
(17) In those resolutions, each Indian Nation 
expressly reserved all of its beneficial interest and 
title to all other Riverbed lands, including minerals, 
as determined by the Supreme Court in Choctaw 
Nation v. Oklahoma, 397 U.S. 620 (1970), and fur-
ther reserved any and all right, title, or interest that 
each Nation may have in an to the water flowing in 
the Arkansas River and its tributaries. 
SEC. 6703. PURPOSES. 
The purposes of this title are to resolve all claims that 
have been or could have been brought by the Cherokee, 
Choctaw, and Chickasaw Nations against the United
565
States, and to confirm that the 3 Indian Nations are for-
ever disclaiming any right, title, or interest in the Dis-
claimed Drybed Lands, which are contiguous to the chan-
nel of the Arkansas River as of the date of the enactment 
of this title in certain townships in eastern Oklahoma. 
SEC. 6704. DEFINITIONS. 
For the purposes of this title, the following defini-
tions apply: 
(1) DISCLAIMED
DRYBED
LANDS.—The term 
‘‘Disclaimed Drybed Lands’’ means all Drybed 
Lands along the Arkansas River that are located in 
Township 10 North in Range 24 East, Townships 9 
and 10 North in Range 25 East, Township 10 
North in Range 26 East, and Townships 10 and 11 
North in Range 27 East, in the State Oklahoma. 
(2) DRYBED
LANDS.—The term ‘‘Drybed 
Lands’’ means those lands which, on the date of en-
actment of this title, lie above and contiguous to the 
mean high water mark of the Arkansas River in the 
State of Oklahoma. The term ‘‘Drybed Lands’’ is in-
tended to have the same meaning as the term ‘‘Up-
land Claim Area’’ as used by the Bureau of Land 
Management Cadastral Survey Geographic Team in 
its preliminary survey of the Arkansas River. The
566
term ‘‘Drybed Lands’’ includes any lands so identi-
fied in the ‘‘Holway study.’’
(3) INDIAN
NATION; INDIAN
NATIONS.—The 
term ‘‘Indian Nation’’ means the Cherokee Nation, 
Choctaw Nation, or Chickasaw Nation, and the term 
‘‘Indian Nations’’ means all 3 tribes collectively. 
(4) RIVERBED.—The term ‘‘Riverbed’’ means 
the Drybed Lands and the Wetbed Lands and in-
cludes all minerals therein. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) WETBED
LANDS.—The term ‘‘Wetbed 
Lands’’ means those Riverbed lands which lie below 
the mean high water mark of the Arkansas River in 
the State of Oklahoma as of the date of the enact-
ment of this title, exclusive of the Drybed Lands. 
The term Wetbed Land is intended to have the same 
meaning as the term ‘‘Present Channel Claim 
Areas’’ as utilized by the Bureau of Land Manage-
ment Cadastral Survey Geographic Team in its pre-
liminary survey of the Arkansas River. 
SEC. 6705. SETTLEMENT AND CLAIMS; APPROPRIATIONS; 
ALLOCATION OF FUNDS. 
(a) EXTINGUISHMENT
OF CLAIMS.—Pursuant to 
their respective tribal resolutions, and in exchange for the
567
benefits conferred under this title, the Indian Nations 
shall, on the date of enactment of this title, enter into 
a consent decree with the United States that waives, re-
leases, and dismisses all the claims they have asserted or 
could have asserted in their cases numbered 218–89L and 
630–89L pending in the United States Court of Federal 
Claims against the United States, including but not lim-
ited to claims arising out of any and all of the Indian Na-
tions’ interests in the Disclaimed Drybed Lands and aris-
ing out of construction, maintenance and operation of the 
McClellan-Kerr Navigation Way. The Indian Nations and 
the United States shall lodge the consent decree with the 
Court of Federal Claims within 30 days of the enactment 
of this title, and shall move for entry of the consent decree 
at such time as all appropriations by Congress pursuant 
to the authority of this title have been made and deposited 
into the appropriate tribal trust fund account of the In-
dian Nations as described in section 6706. Upon entry of 
the consent decree, all the Indian Nations’ claims and all 
their past, present, and future right, title, and interest to 
the Disclaimed Drybed Lands, shall be deemed extin-
guished. No claims may be asserted in the future against 
the United States pursuant to sections 1491, 1346(a)(2), 
or 1505 of title 28, United States Code, for actions taken 
or failed to have been taken by the United States for
568
events occurring prior to the date of the extinguishment 
of claims with respect to the Riverbed. 
(b) RELEASE
OF TRIBAL CLAIMS
TO CERTAIN 
DRYBED LANDS.—
(1) IN
GENERAL.—Upon the deposit of all 
funds authorized for appropriation under subsection 
(c) for an Indian Nation into the appropriate trust 
fund account described in section 6706—
(A) all claims now existing or which may 
arise in the future with respect to the Dis-
claimed Drybed lands and all right, title, and 
interest that the Indian Nations and the United 
States as trustee on behalf of the Indian Nation 
may have to the Disclaimed Drybed Lands, 
shall be deemed extinguished; 
(B) any interest of the Indian Nations or 
the United States as trustee on their behalf in 
the Disclaimed Drybed Lands shall further be 
extinguished pursuant to the Trade and Inter-
course Act of 1790, Act of July 22, 1790 (ch. 
33, 1 Stat. 137), and all subsequent amend-
ments thereto (as codified at 25 U.S.C. 177); 
(C) to the extent parties other than the In-
dian Nations have transferred interests in the 
Disclaimed Drybed Lands in violation of the
569
Trade and Intercourse Act, Congress does here-
by approve and ratify such transfers of inter-
ests in the Disclaimed Drybed Lands to the ex-
tent that such transfers otherwise are valid 
under law; and 
(D) the Secretary is authorized to execute 
an appropriate document citing this title, suit-
able for filing with the county clerks, or such 
other county official as appropriate, of those 
counties wherein the foregoing described lands 
are located, disclaiming any tribal or Federal 
interest on behalf of the Indian Nations in such 
Disclaimed Drybed Lands. The Secretary is au-
thorized to file with the counties a plat or map 
of the disclaimed lands should the Secretary de-
termine that such filing will clarify the extent 
of lands disclaimed. Such a plat or map may be 
filed regardless of whether the map or plat has 
been previously approved for filing, whether or 
not the map or plat has been filed, and regard-
less of whether the map or plat constitutes a 
final determination by the Secretary of the ex-
tent of the Indian Nations’ original claim to the 
Disclaimed Drybed Lands. The disclaimer filed 
by the United States shall constitute a dis-
570
claimer of the Disclaimed Drybed Lands for 
purposes of the Trade and Intercourse Act (25 
U.S.C. 177). 
(2) 
SPECIAL
PROVISIONS.—Notwithstanding 
any provision of this title—
(A) the Indian Nations do not relinquish 
any right, title, or interest in any lands which 
constitute the Wetbed Lands subject to the 
navigational servitude exercised by the United 
States on the Wetbed Lands. By virtue of the 
exercise of the navigational servitude, the 
United States shall not be liable to the Indian 
Nations for any loss they may have related to 
the minerals in the Wetbed Lands; 
(B) no provision of this title shall be con-
strued to extinguish or convey any water rights 
of the Indian Nations in the Arkansas River or 
any other stream or the beneficial interests or 
title of any of the Indian Nations in and to 
lands held in trust by the United States on the 
date of enactment of this title which lie above 
or below the mean high water mark of the Ar-
kansas River, except for the Disclaimed Drybed 
Lands; and
571
(C) the Indian Nations do not relinquish 
any right, title, or interest in any lands or min-
erals of certain unallotted tracts which are iden-
tified in the official records of the Eastern 
Oklahoma Regional Office, Bureau of Indian 
Affairs. The disclaimer to be filed by the Sec-
retary of the Interior under section 6705(b)(1) 
of this title shall reflect the legal description of 
the unallotted tracts retained by the Nations. 
(3) SETOFF.—In the event the Court of Fed-
eral Claims does not enter the consent decree as set 
forth in subsection (a), the United States shall be 
entitled to setoff against any claims of the Indian 
Nations as set forth in subsection (a), any funds 
transferred to the Indian Nations pursuant to sec-
tion 6706, and any interest accrued thereon up to 
the date of setoff. 
(4) QUIET
TITLE
ACTIONS.—Notwithstanding 
any other provision of law, neither the United States 
nor any department of the United States nor the In-
dian Nations shall be made parties to any quiet title 
lawsuit or other lawsuit to determine ownership of 
or an interest in the Disclaimed Drybed Lands initi-
ated by any private person or private entity after 
execution of the disclaimer set out in section
572
6705(b)(1). The United States will have no obliga-
tion to undertake any future quiet title actions or 
actions for the recovery of lands or funds relating to 
any Drybed Lands retained by the Indian Nation or 
Indian Nations under this title, including any lands 
which are Wetbed Lands on the date of enactment 
of this title, but which subsequently lie above the 
mean high water mark of the Arkansas River and 
the failure or declination to initiate any quiet title 
action or to manage any such Drybed Lands shall 
not constitute a breach of trust by the United States 
or be compensable to the Indian Nation or Indian 
Nations in any manner. 
(5) LAND TO BE CONVEYED IN FEE.—To the 
extent that the United States determines that it is 
able to effectively maintain the McClellan-Kerr Navi-
gation Way without retaining title to lands above the 
high water mark of the Arkansas River as of the 
date of enactment of this title, said lands, after 
being declared surplus, shall be conveyed in fee to 
the Indian Nation within whose boundary the land 
is located. The United States shall not be obligated 
to accept such property in trust.
573
(c) AUTHORIZATION FOR SETTLEMENT APPROPRIA-
TIONS.—There is authorized to be appropriated an aggre-
gate sum of $40,000,000 as follows: 
(1) $10,000,000 for fiscal year 2004. 
(2) $10,000,000 for fiscal year 2005. 
(3) $10,000,000 for fiscal year 2006. 
(4) $10,000,000 for fiscal year 2007. 
(d) ALLOCATION AND DEPOSIT OF FUNDS.—After 
payment pursuant to section 6707, the remaining funds 
authorized for appropriation under subsection (c) shall be 
allocated among the Indian Nations as follows: 
(1) 50 percent to be deposited into the trust 
fund account established under section 6706 for the 
Cherokee Nation. 
(2) 37.5 percent to be deposited into the trust 
fund account established under section 6706 for the 
Choctaw Nation. 
(3) 12.5 percent to be deposited into the trust 
fund account established under section 6706 for the 
Chickasaw Nation. 
SEC. 6706. TRIBAL TRUST FUNDS. 
(a) ESTABLISHMENT, PURPOSE, AND MANAGEMENT 
OF TRUST FUNDS.—
(1) ESTABLISHMENT.—There are hereby estab-
lished in the United States Treasury 3 separate trib-
574
al trust fund accounts for the benefit of each of the 
Indian Nations, respectively, for the purpose of re-
ceiving all appropriations made pursuant to section 
6705(c), and allocated pursuant to section 6705(d). 
(2) AVAILABILITY OF AMOUNTS IN TRUST FUND 
ACCOUNTS.—Amounts in the tribal trust fund ac-
counts established by this section shall be available 
to the Secretary for management and investment on 
behalf of the Indian Nations and distribution to the 
Indian Nations in accordance with this title. Funds 
made available from the tribal trust funds under this 
section shall be available without fiscal year limita-
tion. 
(b) MANAGEMENT OF FUNDS.—
(1) LAND ACQUISITION.—
(A) TRUST LAND STATUS PURSUANT TO 
REGULATIONS.—The funds appropriated and 
allocated to the Indian Nations pursuant to sec-
tions 6205(c) and (d), and deposited into trust 
fund accounts pursuant to section 6706(a), to-
gether with any interest earned thereon, may be 
used for the acquisition of land by the 3 Indian 
Nations. The Secretary may accept such lands 
into trust for the beneficiary Indian Nation 
pursuant to the authority provided in section 5
575
of the Act of June 18, 1934 (25 U.S.C. 465) 
and in accordance with the Secretary’s trust 
land acquisition regulations at part 151 of title 
25, Code of Federal Regulations, in effect at 
the time of the acquisition, except for those ac-
quisitions covered by paragraph (1)(B). 
(B) REQUIRED
TRUST
LAND
STATUS.—
Any such trust land acquisitions on behalf of 
the Cherokee Nation shall be mandatory if the 
land proposed to be acquired is located within 
Township 12 North, Range 21 East, in 
Sequoyah County, Township 11 North, Range 
18 East, in McIntosh County, Townships 11 
and 12 North, Range 19 East, or Township 12 
North, Range 20 East, in Muskogee County, 
Oklahoma, and not within the limits of any in-
corporated municipality as of January 1, 2002, 
if—
(i) the land proposed to be acquired 
meets the Department of the Interior’s 
minimum environmental standards and re-
quirements for real estate acquisitions set 
forth in 602 DM 2.6, or any similar suc-
cessor standards or requirements for real
576
estate acquisitions in effect on the date of 
acquisition; and 
(ii) the title to such land meets appli-
cable Federal title standards in effect on 
the date of the acquisition. 
(C) OTHER
EXPENDITURE
OF
FUNDS.—
The Indian Nations may elect to expend all or 
a portion of the funds deposited into its trust 
account for any other purposes authorized 
under paragraph (2). 
(2) INVESTMENT
OF
TRUST
FUNDS; NO
PER 
CAPITA PAYMENT.—
(A) NO
PER
CAPITA
PAYMENTS.—No 
money received by the Indian Nations here-
under may be used for any per capita payment. 
(B) INVESTMENT BY SECRETARY.—Except 
as provided in this section and section 6707, 
the principal of such funds deposited into the 
accounts established hereunder and any interest 
earned thereon shall be invested by the Sec-
retary in accordance with current laws and reg-
ulations for the investing of tribal trust funds. 
(C) USE OF PRINCIPAL FUNDS.—The prin-
cipal amounts of said funds and any amounts 
earned thereon shall be made available to the
577
Indian Nation for which the account was estab-
lished for expenditure for purposes which may 
include construction or repair of health care fa-
cilities, law enforcement, cultural or other edu-
cational activities, economic development, social 
services, and land acquisition. Land acquisition 
using such funds shall be subject to the provi-
sions of subsections (b) and (d). 
(3) DISBURSEMENT OF FUNDS.—The Secretary 
shall disburse the funds from a trust account estab-
lished under this section pursuant to a budget 
adopted by the Council or Legislature of the Indian 
Nation setting forth the amount and an intended 
use of such funds. 
(4) ADDITIONAL
RESTRICTION
ON
USE
OF 
FUNDS.—None of the funds made available under 
this title may be allocated or otherwise assigned to 
authorized purposes of the Arkansas River Multipur-
pose Project as authorized by the River and Harbor 
Act of 1946, as amended by the Flood Control Act 
of 1948 and the Flood Control Act of 1950. 
SEC. 6707. ATTORNEY FEES. 
(a) PAYMENT.—At the time the funds are paid to the 
Indian Nations, from funds authorized to be appropriated 
pursuant to section 6705(c), the Secretary shall pay to
578
the Indian Nations’ attorneys those fees provided for in 
the individual tribal attorney fee contracts as approved by 
the respective Indian Nations. 
(b) LIMITATIONS.—Notwithstanding subsection (a), 
the total fees payable to attorneys under such contracts 
with an Indian Nation shall not exceed 10 percent of that 
Indian Nation’s allocation of funds appropriated under 
section 6705(c). 
TITLE VIII—SEMINOLE TRIBE 
SEC. 6801. APPROVAL NOT REQUIRED TO VALIDATE CER-
TAIN LAND TRANSACTIONS. 
(a) TRANSACTIONS.—The Seminole Tribe of Florida 
may mortgage, lease, sell, convey, warrant, or otherwise 
transfer all or any part of any interest in any real property 
that—
(1) was held by the Tribe on September 1, 
2002; and 
(2) is not held in trust by the United States for 
the benefit of the Tribe. 
(b) NO FURTHER APPROVAL REQUIRED.—Trans-
actions under subsection (a) shall be valid without further 
approval, ratification, or authorization by the United 
States. 
(c) TRUST LAND NOT AFFECTED.—Nothing in this 
section is intended or shall be construed to—
579
(1) authorize the Seminole Tribe of Florida to 
mortgage, lease, sell, convey, warrant, or otherwise 
transfer all or any part of an interest in any real 
property that is held in trust by the United States 
for the benefit of the Tribe; or 
(2) affect the operation of any law governing 
mortgaging, leasing, selling, conveying, warranting, 
or otherwise transferring any interest in such trust 
land. 
TITLE IX—PROVISIONS RELAT-
ING TO LEASING OF INDIAN 
LANDS 
SEC. 6901. YUROK TRIBE AND HOPLAND BAND INCLUDED 
IN LONG TERM LEASING. 
(a) IN GENERAL.—The first section of the Act enti-
tled ‘‘An Act to authorize the leasing of restricted Indian 
lands for public, religious, educational, recreational, resi-
dential, business, and other purposes requiring the grant 
of long-term leases’’, approved August 9, 1955 (25 U.S.C. 
415(a)) is amended by inserting ‘‘lands held in trust for 
the Yurok Tribe, lands held in trust for the Hopland Band 
of Pomo Indians of the Hopland Rancheria,’’ after ‘‘Pueb-
lo of Santa Clara,’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any lease entered into or re-
580
newed after the date of the enactment of this title.Strike 
all after the enacting clause and insert the following:
SEC. 6902. RESTRICTION ON RELINQUISHMENT OF LEASE. 
Prior to January 1, 2005, the Secretary of the Inte-
rior shall not approve the relinquishment of any lease en-
tered into for the establishment of a health care facility 
for the members of 7 Indian tribes or bands in San Diego 
County, California, unless the Secretary has determined 
that the relinquishment of such lease has been approved, 
by tribal resolution, by each of the 7 Indian tribes or 
bands. 
TITLE X—HAWAIIAN HOMES 
COMMISSION 
SEC. 6905. CONSENT TO AMENDMENTS. 
As required by section 4 of the Act entitled ‘‘An Act 
to provide for the admission of the State of Hawaii into 
the Union’’, approved March 18, 1959 (73 Stat. 4), the 
United States hereby consents to the following amend-
ments to the Hawaiian Homes Commission Act, 1920, 
adopted by the State of Hawaii in the manner required 
for State legislation: Act 302 of the Session Laws of Ha-
waii, 2001.
581
DIVISION G—MISCELLANEOUS 
TITLE I—FULL PILT FUNDING 
SEC. 7101. SHORT TITLE. 
This title may be cited as the ‘‘PILT and Refuge 
Revenue Sharing Permanent Funding Act’’. 
SEC. 7102. PERMANENT FUNDING FOR PILT AND REFUGE 
REVENUE SHARING. 
(a) PAYMENTS IN LIEU OF TAXES.—Section 6906 of 
title 31, United States Code, is amended to read as fol-
lows: 
‘‘§ 6901. Authorization of appropriations 
‘‘There is authorized to be appropriated such sums 
as may be necessary to the Secretary of the Interior to 
carry out this chapter. Beginning in fiscal year 2002 and 
each fiscal year thereafter, amounts authorized under this 
chapter shall be made available to the Secretary of the 
Interior, out of any other funds in the Treasury not other-
wise appropriated and without further appropriation, for 
obligation or expenditure in accordance with this chap-
ter.’’. 
(b) REFUGE REVENUE SHARING.—Section 401(d) of 
the Act of June 15, 1935 (16 U.S.C. 715s(d)), relating 
to refuge revenue sharing, is amended by adding at the 
end the following: ‘‘Beginning in fiscal year 2002 and each 
fiscal year thereafter, such amount shall be made available
582
to the Secretary, out of any other funds in the Treasury 
not otherwise appropriated and without further appropria-
tion, for obligation or expenditure in accordance with this 
section.’’. 
TITLE II—HARMFUL INVASIVE 
WEED CONTROL 
SEC. 7201. SHORT TITLE. 
This title may be cited as the ‘‘Harmful Invasive 
Weed Control Act of 2002’’. 
SEC. 7202. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) There exists no dedicated, coordinated Fed-
eral effort to address, control, or eradicate harmful, 
invasive weeds. 
(2) Public and private land in the United 
States faces unprecedented and severe stress from 
harmful, invasive weeds. 
(3) The economic and resource value of the 
land is being destroyed as harmful invasive weeds 
overtake native vegetation, making the land unus-
able for forage and for diverse plant and animal 
communities. 
(4) Damage caused by harmful invasive weeds 
has been estimated to run in the hundreds of mil-
lions of dollars annually.
583
(5) Successfully fighting this scourge will re-
quire coordinated action by all affected stakeholders, 
which may include Federal, State, and local govern-
ments, private landowners, and nongovernmental or-
ganizations. 
(6) The fight must begin at the local level, since 
it is at the local level that persons feel the loss 
caused by harmful invasive weeds and will therefore 
have the greatest motivation to take effective action. 
(7) To date, effective action has been hampered 
by inadequate funding at all levels of government 
and by inadequate coordination. 
(b) PURPOSES.—The purposes of this title are the 
following: 
(1) To direct the Secretary to coordinate with 
the Federal Interagency Committee for the Manage-
ment of Noxious and Exotic Weeds to develop a 
dedicated program to combat harmful, invasive 
weeds. 
(2) To provide assistance to eligible weed man-
agement entities in carrying out projects to control 
or eradicate harmful, invasive weeds on public and 
private land.
584
(3) To coordinate projects with existing weed 
management entities, areas, districts, and ongoing 
partnerships. 
(4) In locations in which no weed management 
entity, area, or district exists, to stimulate the for-
mation of additional local or regional cooperative 
weed management entities, such as entities for weed 
management areas or districts, that organize locally 
affected stakeholders to control or eradicate weeds. 
(5) To leverage additional funds from a variety 
of public and private sources to control or eradicate 
weeds through local stakeholders. 
(6) To promote healthy, diverse, and desirable 
plant communities by abating through a variety of 
measures the threat posed by harmful, invasive 
weeds. 
SEC. 7203. DEFINITIONS. 
In this title: 
(1) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Federal Interagency Committee for the 
Management of Noxious and Exotic Weeds estab-
lished through a memorandum of agreement entered 
into in August 1994 to implement the requirements 
of section 15 of the Federal Noxious Weed Act of 
1974 (7 U.S.C. 2814).
585
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(3) LOCAL STAKEHOLDER.—
(A) IN GENERAL.—The term ‘‘local stake-
holder’’ means an interested party that partici-
pates in the establishment of a weed manage-
ment entity in a State. 
(B) INCLUSIONS.—The term ‘‘local stake-
holder’’ includes a Federal, State, local, tribal, 
or private landowner. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, and any other territory 
or possession of the United States. 
(6) WEED.—The term ‘‘weed’’ means any para-
sitic or other kind of plant at any living stage (in-
cluding seeds and reproductive parts of such a 
plant), that—
(A) is of foreign origin;
586
(B) is new or not widely prevalent in a re-
gion, State, or the United States; and 
(C) can directly or indirectly impact other 
useful plants, livestock, wildlife resources, or 
the public health. 
(7) WEED
MANAGEMENT
ENTITY.—The term 
‘‘weed management entity’’ means an entity that—
(A) is recognized by the State in which it 
is established; 
(B) is established by and includes local 
stakeholders; 
(C) is established for the purpose of con-
trolling or eradicating harmful, invasive weeds 
on public or private land and increasing public 
knowledge and education concerning the need to 
control or eradicate harmful, invasive weeds on 
public or private land; and 
(D) is multijurisdictional and multidisci-
plinary in nature. 
SEC. 7204. ESTABLISHMENT OF PROGRAM. 
The Secretary, in coordination with the Committee, 
shall establish in the Office of the Secretary a program 
to provide financial assistance through States to eligible 
weed management entities to control or eradicate harmful, 
invasive weeds on public and private land.
587
SEC. 7205. ALLOCATION OF FUNDS TO STATES AND INDIAN 
TRIBES. 
(a) ALLOCATION.—
(1) IN GENERAL.—Subject to paragraph (2), in 
consultation with the Committee, the Secretary shall 
allocate funds made available for each fiscal year 
under section 7212 to States and Indian tribes to 
provide funding in accordance with sections 7206 
and 7207 to weed management entities to carry out 
projects approved by States and Indian tribes to 
control or eradicate harmful, invasive weeds on pub-
lic and private land. 
(2) 
FEDERAL
ALLOCATION
TO
INDIAN 
TRIBES.—Of the funds made available for allocation 
under section 7212 for each fiscal year, 5 percent 
shall be—
(A) reserved for allocation to Indian tribes; 
and 
(B) administered by the Committee. 
(b) AMOUNT.—The Secretary shall determine the 
amount of Federal funds allocated to a State or Indian 
tribe for a fiscal year under this section to be used to ad-
dress a harmful, invasive weed problem in the State or 
portion of the State, or on land or in water under the 
jurisdiction of the Indian tribe, on the basis of—
588
(1) the severity or potential severity of the 
harmful, invasive weed problem; 
(2) the extent to which the Federal funds will 
be used to leverage non-Federal funds to address the 
harmful, invasive weed problem; 
(3) the extent to which the State or Indian 
tribe has made progress in addressing harmful, 
invasive weed problems; and 
(4) other factors recommended by the Com-
mittee and approved by the Secretary. 
SEC. 7206. USE OF FUNDS ALLOCATED TO STATES. 
(a) IN GENERAL.—A State that receives an allocation 
of funds under section 5 for a fiscal year shall use—
(1) not more than 25 percent of the allocation 
to make an incentive payment to each weed manage-
ment entity established in the State, in accordance 
with subsection (b); and 
(2) not less than 75 percent of the allocation to 
make financial awards to weed management entities 
established in the State, in accordance with sub-
section (c). 
(b) INCENTIVE PAYMENTS.—
(1) USE BY WEED MANAGEMENT ENTITIES.—
589
(A) IN
GENERAL.—Incentive payments 
under subsection (a)(1) shall be used by weed 
management entities—
(i) to encourage the formation of new 
weed management entities; or 
(ii) to carry out 1 or more projects de-
scribed in subsection (d) to improve the ef-
fectiveness of existing weed management 
entities or programs. 
(B) DURATION
OF
PAYMENTS.—A weed 
management entity is eligible to receive an in-
centive payment under subparagraph (A) for 
not more than 3 years in the aggregate. 
(C) FEDERAL SHARE.—
(i) IN GENERAL.—Except as provided 
in clause (ii), for purposes of subparagraph 
(A), the Federal share of the cost of car-
rying out a project described in subsection 
(d) shall not exceed 50 percent. 
(ii) ADJUSTMENT.—After consultation 
with the Secretary, the Governor of a State 
that makes either an incentive payment or 
financial award under subsection (a) may 
increase, to a maximum of 100 percent, 
such Federal share of a project that the
590
Governor determines is necessary to meet 
the needs of an underserved area. 
(iii) FORM
OF
MATCHING
FUNDS.—
Under subparagraph (A), the non-Federal 
share of the cost of carrying out a project 
described in subsection (d) may be pro-
vided—
(I) in cash or in kind; or 
(II) in the form of Federal funds 
made available under a Federal law 
other than this title. 
(2) ELIGIBILITY OF WEED MANAGEMENT ENTI-
TIES.—To be eligible to obtain an incentive payment 
under paragraph (1) for a fiscal year, a weed man-
agement entity in a State shall—
(A)(i) for the first fiscal year for which the 
entity receives an incentive payment under this 
subsection, provide to the State in which it is 
established a description of—
(I) the purposes for which the entity 
was established; and 
(II) any projects to be carried out to 
accomplish those purposes; and
591
(ii) for any subsequent fiscal year for 
which the entity receives an incentive payment, 
provide to the State—
(I) a description of the activities car-
ried out by the entity in the previous fiscal 
year—
(aa) to control or eradicate harm-
ful, invasive weeds on public or pri-
vate land; or 
(bb) to increase public knowledge 
and education concerning the need to 
control or eradicate harmful, invasive 
weeds on public or private land; and 
(II) the results of each such activity; 
and 
(B) meet such additional eligibility require-
ments, and conform to such process for deter-
mining eligibility, as the State may establish. 
(c) FINANCIAL AWARDS.—
(1) USE BY WEED MANAGEMENT ENTITIES.—
(A) IN GENERAL.—Financial awards under 
subsection (a)(2) shall be used by weed man-
agement entities to pay the Federal share of 
the cost of carrying out projects described in
592
subsection (d) that are selected by the State in 
accordance with subsection (d). 
(B) FEDERAL SHARE.—
(i) IN GENERAL.—Except as provided 
in clause (ii), for purposes of subparagraph 
(A), the Federal share of the cost of car-
rying out a project described in subsection 
(d) shall not exceed 50 percent. 
(ii) ADJUSTMENT.—After consultation 
with the Secretary, the Governor of a State 
that makes either an incentive payment or 
financial award under subsection (a) may 
increase, to a maximum of 100 percent, 
such Federal share of a project that the 
Governor determines is necessary to meet 
the needs of an underserved area. 
(iii) FORM
OF
MATCHING
FUNDS.—
Under subparagraph (A), the non-Federal 
share of the cost of carrying out a project 
described in subsection (d) may be pro-
vided—
(I) in cash or in kind; or 
(II) in the form of Federal funds 
made available under a Federal law 
other than this title.
593
(2) ELIGIBILITY OF WEED MANAGEMENT ENTI-
TIES.—To be eligible to obtain a financial award 
under paragraph (1) for a fiscal year, a weed man-
agement entity in a State shall—
(A) meet the requirements for eligibility 
for an incentive payment under subsection 
(b)(2); and 
(B) submit to the State a description of 
the project for which the financial award is 
sought. 
(d) PROJECTS.—
(1) IN GENERAL.—A weed management entity 
may use a financial award received under this sec-
tion to carry out a project to control or eradicate 
harmful, invasive weeds on public or private land, in-
cluding—
(A) education, inventories and mapping, 
management, monitoring, and similar activities, 
including the payment of the cost of personnel 
and equipment that promote such control or 
eradication; and 
(B) other activities to promote such control 
or eradication, if the results of the activities are 
disseminated to the public.
594
(2) SELECTION OF PROJECTS.—A State shall 
select projects for funding under this section on a 
competitive basis, taking into consideration—
(A) the seriousness of the harmful, 
invasive weed problem or potential problem ad-
dressed by the project; 
(B) the likelihood that the project will pre-
vent or resolve the problem, or increase knowl-
edge about resolving similar problems in the fu-
ture; 
(C) the extent to which the payment will 
leverage non-Federal funds to address the 
harmful, invasive weed problem addressed by 
the project; 
(D) the extent to which the recipient weed 
management entity has made progress in ad-
dressing harmful, invasive weed problems; 
(E) the extent to which the project will 
provide a comprehensive approach to the con-
trol or eradication of harmful, invasive weeds; 
(F) the extent to which the project will re-
duce the total population of a harmful, invasive 
weed within the State;
595
(G) the extent to which the project uses 
the principles of integrated vegetation manage-
ment and sound science; and 
(H) other factors that the State deter-
mines to be relevant. 
(3) SCOPE OF PROJECTS.—
(A) IN
GENERAL.—A weed management 
entity shall determine the geographic scope of 
the harmful, invasive weed problem to be ad-
dressed through a project using an incentive 
payment or financial award received under this 
section. 
(B) MULTIPLE STATES.—A weed manage-
ment entity may use an incentive payment or fi-
nancial award under this section to carry out a 
project to address the harmful, invasive weed 
problem of more than 1 State only if the entity 
meets the requirements of all applicable State 
laws. 
(4) LAND.—A weed management entity may 
use an incentive payment or financial award received 
under this section to carry out a project to control 
or eradicate weeds on any public land, or on any pri-
vate land with the approval of the owner or operator 
of the land.
596
(5) PROHIBITION ON USE OF FUNDS.—An in-
centive payment or financial award under this title 
may not be used to carry out a project—
(A) to control or eradicate animal pests; or 
(B) to protect an agricultural commodity 
(as defined in section 102 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5602)) other 
than—
(i) livestock (as defined in section 602 
of the Agricultural Trade Act of 1949 (7 
U.S.C. 1471); or 
(ii) an animal- or insect-based prod-
uct. 
(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds made available under section 7212 for 
a fiscal year may be used by the Federal Government to 
pay the administrative costs of the program established 
by this title, including the costs of complying with Federal 
environmental laws. 
(f) REPORT.—As a condition of the receipt of an in-
centive payment or financial award under this title, a weed 
management entity in a State that received such a pay-
ment or award shall submit to the Committee a report 
that describes the purposes and results of each project for
597
which the payment or award was used, by not later than 
6 months after completion of the projects. 
SEC. 7207. USE OF FUNDS ALLOCATED TO INDIAN TRIBES. 
(a) IN GENERAL.—The requirements for the use of 
funds allocated to States described in section 7206 shall 
apply to the use of funds allocated to Indian tribes under 
section 7205(a)(2). 
(b) INSUFFICIENT OR EXCESS FUNDS.—
(1) INSUFFICIENT
FUNDS.—If, in any fiscal 
year, the funds allocated to Indian tribes under sec-
tion 7205(a)(2) are not sufficient to provide incen-
tive payments or financial awards to each weed man-
agement entity of an Indian tribe, an Indian tribe 
may seek additional funds by participating as a local 
stakeholder in the establishment of a weed manage-
ment entity that receives assistance under section 
7206. 
(2) EXCESS FUNDS.—Any excess funds remain-
ing after the provision of incentive payments or fi-
nancial awards to weed management entities of In-
dian tribes shall be reserved by the Committee for 
use in carrying out this title in the following fiscal 
year. 
(c) REPORT.—As a condition of the receipt of an in-
centive payment or financial award under this title, not
598
later than October 30 of each year, a weed management 
entity of an Indian tribe that received such a payment or 
award in the preceding fiscal year shall submit to the 
Committee a report that describes, for that preceding fis-
cal year, the purposes for which the payment or award 
was used. 
SEC. 7208. FUNDING RECOMMENDATIONS. 
The Secretary of Agriculture and the Committee shall 
make recommendations to the Secretary regarding—
(1) the annual allocation of funds to States and 
Indian tribes under section 7205; and 
(2) other issues related to funding under this 
title. 
SEC. 7209. LAND-RELATED CONDITIONS. 
(a) CONSENT OF LANDOWNER.—Any activity involv-
ing real property may be carried out under this title only 
with the consent of the landowner. 
(b) NO EFFECT ON PILT PAYMENTS.—The provi-
sion of funds to any entity under this title shall have no 
effect on the amount of any payment received by a county 
from the Federal Government under chapter 69 of title 
31, United States Code (commonly known as ‘‘payments 
in lieu of taxes’’).
599
SEC. 7210. APPLICABILITY OF OTHER LAWS. 
Any activity carried out under this title shall comply 
with all other Federal laws (including regulations), includ-
ing the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.). 
SEC. 7211. RELATIONSHIP TO OTHER PROGRAMS. 
Assistance authorized under this title is intended to 
supplement, and not replace, assistance available to weed 
management entities, areas, and districts for control or 
eradication of harmful, invasive weeds on public lands and 
private lands, including funding available under the Pull-
ing Together Initiative of the National Fish and Wildlife 
Foundation. 
SEC. 7212. AUTHORIZATION OF APPROPRIATIONS. 
To carry out this title there is authorized to be appro-
priated to the Secretary $100,000,000 for each of fiscal 
years 2002 through 2006. 
TITLE III—PARK PASSES FOR 
FAMILIES OF 9/11 VICTIMS 
SEC. 7301. SHORT TITLE. 
This title may be cited as the ‘‘Healing Opportunities 
in Parks and the Environment Pass Act’’. 
SEC. 7302. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The trauma associated with the terrorist hi-
jackings and attacks of September 11, 2001, has