IB
Union Calendar No. 314
106TH CONGRESS
2D SESSION
H. R. 3417
[Report No. 106–569]
To complete the orderly withdrawal of the National Oceanic and Atmospheric
Administration from the civil administration of the Pribilof Islands, Alaska.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 17, 1999
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
APRIL 11, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 17, 1999]
A BILL
To complete the orderly withdrawal of the National Oceanic
and Atmospheric Administration from the civil adminis-
tration of the Pribilof Islands, Alaska.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ‘‘Pribilof Islands
Transition Act’’.
SEC. 2. PURPOSE.
The purpose of this Act is to complete the orderly with-
drawal of the National Oceanic and Atmospheric Adminis-
tration from the civil administration of the Pribilof Islands,
Alaska.
SEC. 3. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS
UNDER FUR SEAL ACT OF 1966.
Public Law 89–702, popularly known and referred to
in this Act as the Fur Seal Act of 1966, is amended by
amending section 206 (16 U.S.C. 1166) to read as follows:
‘‘SEC. 206. FINANCIAL ASSISTANCE.
‘‘(a) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—Subject to the availability of
appropriations, the Secretary shall provide financial
assistance to any city government, village corpora-
tion, or tribal council of St. George, Alaska, or St.
Paul, Alaska.
‘‘(2) USE FOR MATCHING.—Notwithstanding any
other provision of law relating to matching funds,
funds provided by the Secretary as assistance under
this subsection may be used by the entity as non-Fed-
eral matching funds under any Federal program that
requires such matching funds.
‘‘(3) RESTRICTION ON USE.—The Secretary may
not use or withhold financial assistance authorized by
this Act—
‘‘(A) to settle any debt owed to the United
States;
‘‘(B) for administrative or overhead ex-
penses; or
‘‘(C) for contributions authorized under sec-
tion 5(b)(3)(C) of the Pribilof Islands Transition
Act.
‘‘(4) 
FUNDING
INSTRUMENTS
AND
PROCE-
DURES.—In providing assistance under this sub-
section the Secretary shall use funding instruments
and procedures that are equivalent to the instruments
and procedures required to be used by the Bureau of
Indian Affairs pursuant to title IV of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.), so as to foster maximum flexi-
bility in the local administration of such assistance.
‘‘(5) PRO RATA DISTRIBUTION OF ASSISTANCE.—
In any fiscal year for which less than all of the funds
authorized under subsection (c)(1) are appropriated,
such funds shall be distributed under this subsection
on a pro rata basis among the entities referred to in
subsection (c)(1) in the same proportions in which
amounts are authorized by that subsection for grants
to those entities.
‘‘(b) SOLID WASTE ASSISTANCE.—Subject to the avail-
ability of appropriations, the Secretary shall provide assist-
ance to the State of Alaska for designing, locating, con-
structing, redeveloping, permitting, or certifying solid waste
management facilities on the Pribilof Islands necessitated
by the National Oceanic and Atmospheric Administration’s
administration of the islands under the Fur Seal Act of
1966 to be operated under a permit issued by the State of
Alaska under section 46.03.100 of the Alaska Statutes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary—
‘‘(1) for assistance under subsection (a)—
‘‘(A) $9,000,000, for grants to the city of St.
Paul;
‘‘(B) 
$6,300,000, 
for 
grants 
to 
the
Tanadgusix Corporation;
‘‘(C) $1,500,000, for grants to the St. Paul
Tribal Council;
‘‘(D) $6,000,000, for grants to the city of
St. George;
‘‘(E) $4,200,000, for grants to the St.
George Tanaq Corporation; and
‘‘(F) $1,000,000, for grants to the St.
George Tribal Council; and
‘‘(2) for assistance under subsection (b), such
sums as may be necessary for each of fiscal years
2001, 2002, and 2003.
‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR LOB-
BYING ACTIVITIES.—None of the funds authorized by this
section may be available for any activity a purpose of which
is to influence legislation pending before the Congress, ex-
cept that this subsection shall not prevent officers or em-
ployees of the United States or of its departments, agencies,
or commissions from communicating to Members of Con-
gress, through proper channels, requests for legislation or
appropriations that they consider it necessary for the effi-
cient conduct of public business.
‘‘(e) IMMUNITY FROM LIABILITY.—The Department of
Commerce and the National Oceanic and Atmospheric Ad-
ministration shall not have any liability under this Act as-
sociated with or resulting from the designing, locating, con-
tracting for, redeveloping, permitting, certifying, operating,
or maintaining any solid waste management facility on the
Pribilof Islands as a consequence of having provided assist-
ance to the State of Alaska under subsection (b).’’.
SEC. 4. DISPOSAL OF PROPERTY.
Section 205 of the Fur Seal Act of 1966 (16 U.S.C.
1165) is amended—
(1) by amending subsection (c) to read as fol-
lows:
‘‘(c) Not later than 3 months after the date of enact-
ment of the Pribilof Islands Transition Act, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Re-
sources of the House of Representatives a report that
includes—
‘‘(1) a description of all property specified in the
document referred to in subsection (a) that has been
conveyed under that subsection;
‘‘(2) a description of all Federal property speci-
fied in the document referred to in subsection (a) that
is going to be conveyed under that subsection; and
‘‘(3) an identification of all Federal property on
the Pribilof Islands that will be retained by the Fed-
eral Government to meet its responsibilities under
this Act, the Convention, and any other applicable
law.’’; and
(2) by striking subsection (g).
SEC. 5. TERMINATION OF RESPONSIBILITIES.
(a) FUTURE OBLIGATION.—
(16 U.S.C. 1165 note), or any other provision of
law; or
(B) any cause of action could or could not
arise with respect to such an obligation.
(4) CONFORMING AMENDMENT.—Section 3(c)(1)
of Public Law 104–91 (16 U.S.C. 1165 note) is
amended by striking subparagraph (A) and redesig-
nating subparagraphs (B) through (D) in order as
subparagraphs (A) through (C).
(b) PROPERTY CONVEYANCE AND CLEANUP.—
(1) IN
GENERAL.—Subject to paragraph (2),
there are terminated all obligations of the Secretary
of Commerce and the United States to—
(A) convey property under section 205 of
the Fur Seal Act of 1966 (16 U.S.C. 1165); and
(B) carry out cleanup activities, including
assessment, response, remediation, and moni-
toring, related to National Oceanic and Atmos-
pheric Administration administration of the
Pribilof Islands, Alaska, under section 3 of Pub-
lic Law 104–91 (16 U.S.C. 1165 note) and the
Pribilof 
Islands 
Environmental 
Restoration
Agreement between the National Oceanic and At-
mospheric Administration and the State of Alas-
ka, signed January 26, 1996.
(2) APPLICATION.—Paragraph (1) shall apply
on and after the date on which—
(A) the State of Alaska determines that all
responsibilities of the Secretary, the Department
of Commerce, and the United States under the
Pribilof 
Islands 
Environmental 
Restoration
Agreement between the National Oceanic and At-
mospheric Administration and the State of Alas-
ka, signed January 26, 1996, have been fulfilled;
(B) the Secretary of Commerce has com-
pleted the cleanup required under section 3(a) of
Public Law 104–91 (16 U.S.C. 1165 note);
(C) the Secretary of Commerce determines
that the properties specified in the document re-
ferred to in subsection (a) of section 205 of the
Fur Seal Act of 1966 (16 U.S.C. 1165(a)), as
amended by this Act, can be unconditionally of-
fered for conveyance under that section; and
(D) the Secretary of Commerce determines
that all amounts authorized under section
206(c)(1) of the Fur Seal Act of 1966, as amend-
ed by this Act, have been appropriated and obli-
gated.
(3) LIMITATION ON SEEKING CONTRIBUTIONS.—
(A) After subsection (c) becomes effective and except
as provided in subparagraph (C), no Federal agency
or department shall seek financial contributions from
any Natives of the Pribilof Islands for costs or fees
incurred by the Secretary of Commerce for actions
taken pursuant to—
(i) the Pribilof Islands Environmental Res-
toration Agreement between the Secretary and
the State of Alaska Department of Environ-
mental Conservation; or
(ii) section 3(a) of Public Law 104–91 (16
U.S.C. 1165 note).
(B) Subparagraph (A) applies only to the fol-
lowing actions:
(i) The cleanup of any wastes, dumps, de-
bris, storage tanks, property, hazardous or un-
safe conditions, and contaminants, including pe-
troleum products and their derivatives, left by
the National Oceanic and Atmospheric Adminis-
tration or any other Federal agency or depart-
ment prior to the date of enactment of this Act
on lands that it or its predecessor agencies aban-
doned, quitclaimed, or otherwise transferred or
are obligated to transfer, to local entities or resi-
dents on the Pribilof Islands, Alaska, pursuant
to the Fur Seal Act of 1966 (16 U.S.C. 1151 et
seq.) or other applicable law.
(ii) The closure of solid waste management
facilities or the designing, locating, contracting
for, redeveloping, permitting, or certifying of any
solid waste management facility on the Pribilof
Islands.
(C) After subsection (c) becomes effective, the Sec-
retary of Commerce may seek contribution from the
responsible Natives of the Pribilof Islands for costs or
fees incurred to cleanup any wastes, dumps, debris,
storage tanks, property, hazardous or unsafe condi-
tions, and contaminants, including petroleum prod-
ucts and their derivatives, left by such Natives of the
Pribilof Islands after the date of enactment of this Act
on lands, except for landfills or solid waste manage-
ment facilities, that the National Oceanic and Atmos-
pheric Administration or its predecessor agencies
abandoned, quitclaimed, or otherwise transferred or
are obligated to transfer to local entities or residents
on the Pribilof Islands, Alaska, pursuant to the Fur
Seal Act of 1966 (16 U.S.C. 1151 et seq.) or other ap-
plicable law.
(4) CERTAIN
RESERVED
RIGHTS
NOT
CONDI-
TIONS.—For purposes of paragraph (2)(C), the fol-
lowing requirements shall not be considered to be con-
ditions on conveyance of property:
(A) Any requirement that a potential trans-
feree must allow the National Oceanic and At-
mospheric Administration continued access to
the property to conduct environmental moni-
toring following remediation activities.
(B) Any requirement that a potential trans-
feree must allow the National Oceanic and At-
mospheric Administration access to the property
to continue the operation, and eventual closure,
of treatment facilities.
(C) Any requirement that a potential trans-
feree must comply with institutional controls to
ensure that an environmental cleanup remains
protective of human health or the environment
that do not unreasonably affect the use of the
property.
(D) Valid existing rights in the property,
including rights granted by contract, permit,
right-of-way, or easement.
(E) The terms of the documents described in
subsection (d)(2).
(c) REPEALS.—Effective on the date described in sub-
section (b)(2), the following provisions are repealed:
(1) Section 205 of the Fur Seal Act of 1966 (16
U.S.C. 1165).
(2) Section 3 of Public Law 104–91 (16 U.S.C.
1165 note).
(d) SAVINGS.—
(1) IN GENERAL.—Nothing in this Act shall af-
fect any obligation of the Secretary of Commerce, or
of any Federal department or agency, under or with
respect to any document described in paragraph (2)
or with respect to any lands subject to such a docu-
ment.
(2) DOCUMENTS
DESCRIBED.—The documents
referred to in paragraph (1) are the following:
(A) The Transfer of Property on the Pribilof
Islands: Description, Terms, and Conditions,
dated February 10, 1984, between the Secretary
of Commerce and various Pribilof Island enti-
ties.
(B) The Settlement Agreement between
Tanadgusix Corporation and the city of St.
Paul, dated January 11, 1988, and approved by
the Secretary of Commerce on February 23,
1988.
(C) The Memorandum of Understanding be-
tween Tanadgusix Corporation, Tanaq Corpora-