‘‘(2) Subject to the availability of appropriations, the 
Secretary may also enter into cooperative agreements, con-
tracts, or such other agreements or arrangements as the 
Secretary considers appropriate to address stranding 
events requiring emergency assistance.’’; 
(B) in subsection (d) by inserting ‘‘(1)’’ 
before the text, and by adding at the end the 
following: 
‘‘(2) Funding for emergency stranding projects shall 
not be subject to the funding limit established in para-
graph (1).’’; 
(C) in subsection (e)—
(i) in paragraph (1) by striking ‘‘The 
non-Federal’’ and inserting ‘‘Except as 
provided in paragraph (2), the non-Fed-
eral’’; 
(ii) by redesignating paragraph (2) as 
paragraph (3); and 
(iii) by inserting after paragraph (1) 
the following: 
‘‘(2) EMERGENCY
ASSISTANCE.—No non-Fed-
eral contribution shall be required for funding for a 
response to an emergency stranding event.’’; and
(D) in subsection (g) by redesignating 
paragraph (2) as paragraph (3) and inserting 
after paragraph (1) the following: 
‘‘(2) 
EMERGENCY
ASSISTANCE.—The 
term 
‘emergency assistance’ means assistance provided for 
a stranding event that—
‘‘(A) is not an unusual mortality event as 
defined in section 409(6); 
‘‘(B) leads to an immediate increase in re-
quired costs for stranding response, recovery, or 
rehabilitation in excess of regularly scheduled 
costs; 
‘‘(C) may be cyclical or endemic; and 
‘‘(D) may involve out-of-habitat animals.’’. 
(4) CONTRIBUTIONS.—Section 408 (16 U.S.C. 
1421f–1) is amended by adding at the end the fol-
lowing: 
‘‘(i) CONTRIBUTIONS.—For purposes of carrying out 
this section, the Secretary may solicit, accept, receive, 
hold, administer, and use gifts, devises, and bequests.’’. 
(f) AUTHORIZATION OF APPROPRIATIONS FOR MA-
RINE MAMMAL UNUSUAL MORTALITY EVENT FUND.—
Section 409(3) (16 U.S.C. 1421g(3)) is amended by strik-
ing ‘‘$500,000 for fiscal year 1993’’ and inserting 
‘‘$125,000 for each of fiscal years 2007 through 2010’’.
SEC. 16. SCRIMSHAW EXEMPTION. 
Any valid certificate of exemption referred to in sec-
tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 
that was valid under that section on April 29, 1999, shall 
be valid during the 11-year period beginning October 31, 
1999. 
SEC. 17. POLAR BEARS. 
(a) IN GENERAL.—The Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.) is amended by add-
ing 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 
Management 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 
this title, that represents all villages 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 
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 
meaning 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—
‘‘(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; 
‘‘(3) to import, export, possess, transport, sell, 
receive, 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 bar-
ter, any polar bear gall bile or polar bear gall blad-
der; 
‘‘(5) to commit, solicit another person to com-
mit, 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 
established in this subsection. 
‘‘(b) EXCEPTIONS.—For the purpose of forensic test-
ing 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 Serv-
ice, shall do all things necessary and appropriate, includ-
ing the promulgation of regulations, to implement, en-
force, and administer the provisions of the Agreement on 
behalf of the United States. The Secretary shall consult 
with the Secretary of State and the Alaska Nanuuq Com-
mission 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 car-
rying 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 to enforce 
this title. 
‘‘(2) ADDITIONAL
AUTHORITIES.—Any gun, 
trap, net, or other equipment used, to aid in the vio-
lation or attempted violation of this title shall be 
subject to seizure and forfeiture under section 106. 
‘‘(d) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall pro-
mulgate 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 Com-
mission and implemented by the Secretary in accord-
ance with this title, the Secretary may promulgate 
regulations that adopt any ordinance or regulation 
that restricts the taking of polar bears for subsist-
ence purposes if the ordinance or regulation has 
been promulgated by the Alaska Nanuuq Commis-
sion.
‘‘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 Serv-
ice, may share authority under this title for the manage-
ment of the taking of polar bears for subsistence purposes 
with the Alaska Nanuuq Commission if such commission 
is eligible under subsection (b). 
‘‘(b) DELEGATION.—To be eligible for the manage-
ment 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 com-
missioners on the Commission shall be appointed by
the President, in accordance with paragraph 2 of ar-
ticle 8 of the Agreement, after taking into consider-
ation the recommendations of—
‘‘(A) the Secretary; 
‘‘(B) the Secretary of State; and 
‘‘(C) the Alaska Nanuuq Commission. 
‘‘(2) QUALIFICATIONS.—Both of the United 
States commissioners shall have knowledge or exper-
tise 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. 
‘‘(4) VACANCIES.—
‘‘(A) IN
GENERAL.—Any individual ap-
pointed to fill a vacancy occurring before the 
expiration of any term of office of a United 
States commissioner shall be appointed for the 
remainder 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 
exercise all functions of the United States commis-
sioner at any meetings of the Commission or of the 
United States section. 
‘‘(3) REAPPOINTMENT.—An alternate commis-
sioner—
‘‘(A) shall be eligible for reappointment by 
the President; and 
‘‘(B) may attend all meetings of the 
United States section. 
‘‘(c) DUTIES.—The members of the United States 
section may carry out the functions and responsibilities 
described 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 ex-
penses, including per diem in lieu of subsistence, at 
rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States 
Code, while away from the home or regular place of 
business of the member in the performance of the 
duties of the United States-Russia Polar Bear Com-
mission. 
‘‘(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 com-
missioners appointed by the President, shall vote on any 
issue before the United States-Russia Polar Bear Commis-
sion 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.