In the Senate of the United States,
December 6, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 4075) entitled ‘‘An Act to amend the Marine
Mammal Protection Act of 1972 to provide for better under-
standing and protection of marine mammals, and for other
purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States-Russia
Polar Bear Conservation and Management Act of 2006’’.
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SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION
ACT OF 1972.
(a) IN GENERAL.—The Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.) is amended by adding
at the end thereof the following:
‘‘TITLE V—POLAR BEARS
‘‘SEC. 501. DEFINITIONS.
‘‘In this title:
‘‘(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’
means the Agreement Between the Government of the
United States of America and the Government of the
Russian Federation on the Conservation and Manage-
ment of the Alaska-Chukotka Polar Bear Population,
signed at Washington, D.C., on October 16, 2000.
‘‘(2) ALASKA NANUUQ COMMISSION.—The term
‘‘Alaska Nanuuq Commission’’ means the Alaska Na-
tive entity, in existence on the date of enactment of
the United States-Russia Polar Bear Conservation
and Management Act of 2006, that represents all vil-
lages in the State of Alaska that engage in the annual
subsistence taking of polar bears from the Alaska-
Chukotka population and any successor entity.
‘‘(3) IMPORT.—The term ‘‘import’’ means to
land on, bring into, or introduce into, or attempt to
land on, bring into, or introduce into, any place sub-
ject to the jurisdiction of the United States, without
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regard to whether the landing, bringing, or introduc-
tion constitutes an importation within the meaning
of the customs laws of the United States.
‘‘(4) POLAR BEAR PART OR PRODUCT.—The term
‘‘part or product of a polar bear’’ means any polar
bear part or product, including the gall bile and gall
bladder.
‘‘(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
‘‘(6) TAKING.—The term ‘‘taking’’ has the mean-
ing given the term in the Agreement.
‘‘(7) COMMISSION.—The term ‘‘Commission’’
means the commission established under article 8 of
the Agreement.
‘‘SEC. 502. PROHIBITIONS.
‘‘(a) In General.—It is unlawful for any person who
is subject to the jurisdiction of the United States or any
person in waters or on lands under the jurisdiction of the
United States—
‘‘(1) to take any polar bear in violation of the
Agreement;
‘‘(2) to take any polar bear in violation of the
Agreement or any annual taking limit or other re-
striction on the taking of polar bears that is adopted
by the Commission pursuant to the Agreement;
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‘‘(3) to import, export, possess, transport, sell, re-
ceive, acquire, or purchase, exchange, barter, or offer
to sell, purchase, exchange, or barter any polar bear,
or any part or product of a polar bear, that is taken
in violation of paragraph (2);
‘‘(4) to import, export, sell, purchase, exchange,
barter, or offer to sell, purchase, exchange, or barter,
any polar bear gall bile or polar bear gall bladder;
‘‘(5) to attempt to commit, solicit another person
to commit, or cause to be committed, any offense
under this subsection; or
‘‘(6) to violate any regulation promulgated by
the Secretary to implement any of the prohibitions es-
tablished in this subsection.
‘‘(b) EXCEPTIONS.—For the purpose of forensic testing
or any other law enforcement purpose, the Secretary, and
Federal law enforcement officials, and any State or local
law enforcement official authorized by the Secretary, may
import a polar bear or any part or product of a polar bear.
‘‘SEC. 503. ADMINISTRATION.
‘‘(a) IN GENERAL.—The Secretary, acting through the
Director of the United States Fish and Wildlife Service,
shall do all things necessary and appropriate, including the
promulgation of regulations, to implement, enforce, and ad-
minister the provisions of the Agreement on behalf of the
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United States. The Secretary shall consult with the Sec-
retary of State and the Alaska Nanuuq Commission on
matters involving the implementation of the Agreement.
‘‘(b) UTILIZATION
OF
OTHER
GOVERNMENT
RE-
SOURCES AND AUTHORITIES.—
‘‘(1) OTHER
GOVERNMENT
RESOURCES.—The
Secretary may utilize by agreement, with or without
reimbursement, the personnel, services, and facilities
of any other Federal agency, any State agency, or the
Alaska Nanuuq Commission for purposes of carrying
out this title or the Agreement.
‘‘(2) OTHER POWERS AND AUTHORITIES.—Any
person authorized by the Secretary under this sub-
section to enforce this title or the Agreement shall
have the authorities that are enumerated in section
6(b) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(b)).
‘‘(c) ENSURING COMPLIANCE.—
‘‘(1) TITLE I AUTHORITIES.—The Secretary may
use authorities granted under title I for enforcement,
imposition of penalties, and the seizure of cargo for
violations under this title, provided that any polar
bear or any part or product of a polar bear taken,
imported, exported, possessed, transported, sold, re-
ceived, acquired, purchased, exchanged, or bartered, or
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offered for sale, purchase, exchange, or barter in viola-
tion of this title, shall be subject to seizure and for-
feiture to the United States without any showing that
may be required for assessment of a civil penalty or
for criminal prosecution under this Act.
‘‘(2) ADDITIONAL AUTHORITIES.—Any gun, trap,
net, or other equipment used, and any vessel, aircraft,
or other means of transportation used, to aid in the
violation or attempted violation of this title shall be
subject to seizure and forfeiture under section 106.
‘‘(d) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall promul-
gate such regulations as are necessary to carry out
this title and the Agreement.
‘‘(2) ORDINANCES AND REGULATIONS.—If nec-
essary to carry out this title and the Agreement, and
to improve compliance with any annual taking limit
or other restriction on taking adopted by the Commis-
sion and implemented by the Secretary in accordance
with this title, the Secretary may promulgate regula-
tions that adopt any ordinance or regulation that re-
stricts the taking of polar bears for subsistence pur-
poses if the ordinance or regulation has been promul-
gated by the Alaska Nanuuq Commission.
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‘‘SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AU-
THORITY TO DELEGATE ENFORCEMENT AU-
THORITY.
‘‘(a) IN GENERAL.—The Secretary, acting through the
Director of the United States Fish and Wildlife Service,
may share authority under this title for the management
of the taking of polar bears for subsistence purposes with
the Alaska Nanuuq Commission if such commission is eligi-
ble under subsection (b).
‘‘(b) DELEGATION.—To be eligible for the management
authority described in subsection (a), the Alaska Nanuuq
Commission shall—
‘‘(1) enter into a cooperative agreement with the
Secretary under section 119 for the conservation of
polar bears;
‘‘(2) meaningfully monitor compliance with this
title and the Agreement by Alaska Natives; and
‘‘(3) administer its co-management program for
polar bears in accordance with—
‘‘(A) this title; and
‘‘(B) the Agreement.
‘‘SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION,
TRAVEL EXPENSES, AND CLAIMS.
‘‘(a) APPOINTMENT OF U.S. COMMISSIONERS.—
‘‘(1) APPOINTMENT.—The United States commis-
sioners on the Commission shall be appointed by the
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President, in accordance with paragraph 2 of article
8 of the Agreement, after taking into consideration the
recommendations of—
‘‘(A) the Secretary;
‘‘(B) the Secretary of State; and
‘‘(C) the Alaska Nanuuq Commission.
‘‘(2) QUALIFICATIONS.—With respect to the
United States commissioners appointed under this
subsection, in accordance with paragraph 2 of article
8 of the Agreement—
‘‘(A) 1 United States commissioner shall be
an official of the Federal Government;
‘‘(B) 1 United States commissioner shall be
a representative of the Native people of Alaska,
and, in particular, the Native people for whom
polar bears are an integral part of their culture;
and
‘‘(C) both commissioners shall be knowledge-
able of, or have expertise in, polar bears.
‘‘(3) SERVICE AND TERM.—Each United States
commissioner shall serve—
‘‘(A) at the pleasure of the President; and
‘‘(B) for an initial 4-year term and such
additional terms as the President shall deter-
mine.
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‘‘(4) VACANCIES.—
‘‘(A) IN
GENERAL.—Any individual ap-
pointed to fill a vacancy occurring before the ex-
piration of any term of office of a United States
commissioner shall be appointed for the remain-
der of that term.
‘‘(B) MANNER.—Any vacancy on the Com-
mission shall be filled in the same manner as the
original appointment.
‘‘(b) ALTERNATE COMMISSIONERS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of State and the Alaska
Nanuuq Commission, shall designate an alternate
commissioner for each member of the United States
section.
‘‘(2) DUTIES.—In the absence of a United States
commissioner, an alternate commissioner may exer-
cise all functions of the United States commissioner
at any meetings of the Commission or of the United
States section.
‘‘(3) 
REAPPOINTMENT.—An 
alternate
commissioner—
‘‘(A) shall be eligible for reappointment by
the President; and
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‘‘(B) may attend all meetings of the United
States section.
‘‘(c) DUTIES.—The members of the United States sec-
tion may carry out the functions and responsibilities de-
scribed in article 8 of the Agreement in accordance with
this title and the Agreement.
‘‘(d) COMPENSATION AND EXPENSES.—
‘‘(1) COMPENSATION.—A member of the United
States section shall serve without compensation.
‘‘(2) TRAVEL
EXPENSES.—A member of the
United States section shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates au-
thorized for an employee of an agency under sub-
chapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of busi-
ness of the member in the performance of the duties
of the United States-Russia Polar Bear Commission.
‘‘(e) AGENCY DESIGNATION.—The United States sec-
tion shall, for the purpose of title 28, United States Code,
relating to claims against the United States and tort claims
procedure, be considered to be a Federal agency.
‘‘SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION
ON MATTERS BEFORE THE COMMISSION.
‘‘In accordance with paragraph 3 of article 8 of the
Agreement, the United States section, made up of commis-
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sioners appointed by the President, shall vote on any issue
before the United States-Russia Polar Bear Commission
only if there is no disagreement between the United States
commissioners regarding the vote.
‘‘SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE
COMMISSION.
‘‘(a) IN GENERAL.—The Secretary shall take all nec-
essary actions to implement the decisions and determina-
tions of the Commission under paragraph 7 of article 8 of
the Agreement.
‘‘(b) TAKING LIMITATION.—Not later than 60 days
after the date on which the Secretary receives notice of the
determination of the Commission of an annual taking
limit, or of the adoption by the Commission of other restric-
tion on the taking of polar bears for subsistence purposes,
the Secretary shall publish a notice in the Federal Register
announcing the determination or restriction.
‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
‘‘(a) IN GENERAL.—The authority of the Secretary
under this title is in addition to, and shall not affect—
‘‘(1) the authority of the Secretary under the
other titles of this Act or the Lacey Act Amendments
of 1981 (16 U.S.C. 3371 et seq.) or the exemption for
Alaskan natives under section 101(b) of this Act as
applied to other marine mammal populations; or
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‘‘(2) the authorities provided under title II of
this Act.
‘‘(b) CERTAIN PROVISIONS INAPPLICABLE.—The pro-
visions of titles I through IV of this Act do not apply with
respect to the implementation or administration of this
title, except as specified in section 503.
‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out the functions and re-
sponsibilities of the Secretary under this title and the Agree-
ment $1,000,000 for each of fiscal years 2006 through 2010.
‘‘(b) COMMISSION.—There are authorized to be appro-
priated to the Secretary to carry out functions and respon-
sibilities of the United States Section $150,000 for each of
fiscal years 2006 through 2010.
‘‘(c) ALASKAN
COOPERATIVE
MANAGEMENT
PRO-
GRAM.—There are authorized to be appropriated to the Sec-
retary to carry out this title and the Agreement in Alaska
$150,000 for each of fiscal years 2006 through 2010.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
the first section of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) is amended by adding at the
end the following:
‘‘TITLE V—POLAR BEARS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Prohibitions.
‘‘Sec. 503. Administration.
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‘‘Sec. 504. Cooperative management agreement; authority to delegate enforcement
authority.
‘‘Sec. 505. Commission appointments; compensation, travel expenses, and claims.
‘‘Sec. 506. Votes taken by the United States Section on matters before the Commis-
sion.
‘‘Sec. 507. Implementation of actions taken by the Commission.
‘‘Sec. 508. Application with other titles of Act.
‘‘Sec. 509. Authorization of appropriations.’’.
(c) TREATMENT OF CONTAINERS.—Section 107(d)(2)
of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1377(d)(2)) is amended by striking ‘‘vessel or other convey-
ance’’ each place it appears and inserting ‘‘vessel, other con-
veyance, or container’’.
Amend the title so as to read ‘‘An Act to amend the
Marine Mammal Protection Act of 1972 in order to imple-
ment the Agreement on the Conservation and Manage-
ment of the Alaska-Chukotka Polar Bear Population.’’.
Attest:
Secretary.