[106th Congress Public Law 562]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ562.106]
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PRIBILOF ISLANDS TRANSITION ACT
[[Page 114 STAT. 2794]]
Public Law 106-562
106th Congress
An Act
To complete the orderly withdrawal of the <<NOTE: Dec. 23, 2000 - [H.R.
1653]>> NOAA from the civil administration of the Pribilof Islands,
Alaska, and to assist in the conservation of coral reefs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--PRIBILOF <<NOTE: Pribilof Islands Transition Act.>> ISLANDS
SEC. 101. <<NOTE: 16 USC 1151 note.>> SHORT TITLE.
This title may be referred to as the ``Pribilof Islands Transition
Act''.
SEC. 102. <<NOTE: 16 USC 1161 note.>> PURPOSE.
The purpose of this title is to complete the orderly withdrawal of
the National Oceanic and Atmospheric Administration from the civil
administration of the Pribilof Islands, Alaska.
SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR SEAL ACT
OF 1966.
Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly known and
referred to in this title 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 corporation, 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-Federal matching funds under any Federal program
that requires such matching funds.
``(3) Restriction on use.--The Secretary may not use
financial assistance authorized by this Act--
``(A) to settle any debt owed to the United States;
``(B) for administrative or overhead expenses; or
``(C) for contributions sought or required from any
person for costs or fees to clean up any matter that was
caused or contributed to by such person on or after
March 15, 2000.
``(4) Funding instruments and procedures.--In providing
assistance under this subsection the Secretary shall
[[Page 114 STAT. 2795]]
transfer any funds appropriated to carry out this section to the
Secretary of the Interior, who shall obligate such funds through
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.).
``(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.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall provide assistance to the
State of Alaska for designing, locating, constructing,
redeveloping, permitting, or certifying solid waste management
facilities on the Pribilof Islands to be operated under permits
issued to the City of St. George and the City of St. Paul,
Alaska, by the State of Alaska under section 46.03.100 of the
Alaska Statutes.
``(2) Transfer.--The Secretary shall transfer any
appropriations received under paragraph (1) to the State of
Alaska for the benefit of rural and Native villages in Alaska
for obligation under section 303 of Public Law 104-182, except
that subsection (b) of that section shall not apply to those
funds.
``(3) Limitation.--In <<NOTE: Deadline. Contracts.>> order
to be eligible to receive financial assistance under this
subsection, not later than 180 days after the date of the
enactment of this paragraph, each of the Cities of St. Paul and
St. George shall enter into a written agreement with the State
of Alaska under which such City shall identify by its legal
boundaries the tract or tracts of land that such City has
selected as the site for its solid waste management facility and
any supporting infrastructure.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2001, 2002, 2003, 2004,
and 2005--
``(1) for assistance under subsection (a) a total not to
exceed--
``(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), for fiscal years
2001, 2002, 2003, 2004, and 2005 a total not to exceed--
``(A) $6,500,000 for the City of St. Paul; and
``(B) $3,500,000 for the City of St. George.
``(d) Limitation on Use of Assistance for Lobbying Activities.--None
of the funds authorized by this section may be available
[[Page 114 STAT. 2796]]
for any activity a purpose of which is to influence legislation pending
before the Congress, except that this subsection shall not prevent
officers or employees of the United States or of its departments,
agencies, or commissions from communicating to Members of Congress,
through proper channels, requests for legislation or appropriations that
they consider necessary for the efficient conduct of public business.
``(e) Immunity From Liability.--Neither the United States nor any of
its agencies, officers, or employees shall have any liability under this
Act or any other law associated with or resulting from the designing,
locating, contracting for, redeveloping, permitting, certifying,
operating, or maintaining any solid waste management facility on the
Pribilof Islands as a consequence of--
``(1) having provided assistance to the State of Alaska
under subsection (b); or
``(2) providing funds for, or planning, constructing, or
operating, any interim solid waste management facilities that
may be required by the State of Alaska before permanent solid
waste management facilities constructed with assistance provided
under subsection (b) are complete and operational.
``(f ) Report on Expenditures.--Each entity which receives
assistance authorized under subsection (c) shall submit an audited
statement listing the expenditure of that assistance to the Committee on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate, on the last day of
fiscal years 2002, 2004, and 2006.
``(g) Congressional Intent.--Amounts authorized under subsection (c)
are intended by Congress to be provided in addition to the base funding
appropriated to the National Oceanic and Atmospheric Administration in
fiscal year 2000.''.
SEC. 104. 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 follows:
``(c) Not <<NOTE: Deadline.>> later than 3 months after the date of
the enactment 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 Resources 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 specified 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 Federal Government
to meet its responsibilities under this Act, the Convention, and
any other applicable law.''; and
(2) by striking subsection (g).
SEC. 105. <<NOTE: 16 USC 1161 note.>> TERMINATION OF RESPONSIBILITIES.
(a) Future Obligation.--
(1) In general.--The Secretary of Commerce shall not be
considered to have any obligation to promote or otherwise
provide for the development of any form of an economy not
[[Page 114 STAT. 2797]]
dependent on sealing on the Pribilof Islands, Alaska, including
any obligation under section 206 of the Fur Seal Act of 1966 (16
U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104-91 (16
U.S.C. 1165 note).
(2) Savings.--This subsection shall not affect any cause of
action under section 206 of the Fur Seal Act of 1966 (16 U.S.C.
1166) or section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165
note)--
(A) that arose before the date of the enactment of
this title; and
(B) for which a judicial action is filed before the
expiration of the 5-year period beginning on the date of
the enactment of this title.
(3) Rule of construction.--Nothing in this title shall be
construed to imply that--
(A) any obligation to promote or otherwise provide
for the development in the Pribilof Islands of any form
of an economy not dependent on sealing was or was not
established by section 206 of the Fur Seal Act of 1966
(16 U.S.C. 1166), section 3(c)(1)(A) of Public Law 104-
91 (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 redesignating 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 monitoring,
except for postremedial measures such as monitoring and
operation and maintenance activities, related to
National Oceanic and Atmospheric Administration
administration of the Pribilof Islands, Alaska, under
section 3 of Public Law 104-91 (16 U.S.C. 1165 note) and
the Pribilof Islands Environmental Restoration Agreement
between the National Oceanic and Atmospheric
Administration and the State of Alaska, signed January
26, 1996.
(2) Application.--Paragraph (1) shall apply on and after the
date on which the Secretary of Commerce certifies that--
(A) the State of Alaska has provided written
confirmation that no further corrective action is
required at the sites and operable units covered by the
Pribilof Islands Environmental Restoration Agreement
between the National Oceanic and Atmospheric
Administration and the State of Alaska, signed January
26, 1996, with the exception of postremedial measures,
such as monitoring and operation and maintenance
activities;
(B) the cleanup required under section 3(a) of
Public Law 104-91 (16 U.S.C. 1165 note) is complete;
[[Page 114 STAT. 2798]]
(C) the properties specified in the document
referred to in subsection (a) of section 205 of the Fur
Seal Act of 1966 (16 U.S.C. 1165(a)) can be
unconditionally offered for conveyance under that
section; and
(D) all amounts appropriated under section 206(c)(1)
of the Fur Seal Act of 1966, as amended by this title,
have been obligated.
(3) Financial contributions for cleanup costs.--(A) On and
after the date on which section 3(b)(5) of Public Law 104-91 (16
U.S.C. 1165 note) is repealed pursuant to subsection (c), the
Secretary of Commerce may not seek or require financial
contribution by or from any local governmental entity of the
Pribilof Islands, any official of such an entity, or the owner
of land on the Pribilof Islands, for cleanup costs incurred
pursuant to section 3(a) of Public Law 104-91 (as in effect
before such repeal), except as provided in subparagraph (B).
(B) Subparagraph (A) shall not limit the authority of the
Secretary of Commerce to seek or require financial contribution
from any person for costs or fees to clean up any matter that
was caused or contributed to by such person on or after March
15, 2000.
(4) Certain reserved rights not conditions.--For purposes of
paragraph (2)(C), the following requirements shall not be
considered to be conditions on conveyance of property:
(A) Any requirement that a potential transferee must
allow the National Oceanic and Atmospheric
Administration continued access to the property to
conduct environmental monitoring following remediation
activities.
(B) Any requirement that a potential transferee must
allow the National Oceanic and Atmospheric
Administration access to the property to continue the
operation, and eventual closure, of treatment
facilities.
(C) Any requirement that a potential transferee 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 <<NOTE: Effective date.>> on the date on
which the Secretary of Commerce makes the certification described in
subsection (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 title shall affect 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 document.
(2) Documents described.--The documents referred to in
paragraph (1) are the following:
[[Page 114 STAT. 2799]]
(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 entities.
(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 between
Tanadgusix Corporation, Tanaq Corporation, and the
Secretary of Commerce, dated December 22, 1976.
(e) Definitions.--
(1) In general.--Except as provided in paragraph (2), the
definitions set forth in section 101 of the Fur Seal Act of 1966
(16 U.S.C. 1151) shall apply to this section.
(2) Natives of the pribilof islands.--For purposes of this
section, the term ``Natives of the Pribilof Islands'' includes
the Tanadgusix Corporation, the St. George Tanaq Corporation,
and the city governments and tribal councils of St. Paul and St.
George, Alaska.
SEC. 106. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) and the Fur
Seal Act of 1966 (16 U.S.C. 1151 et seq.) are amended by--
(1) striking ``(d)'' and all that follows through the
heading for subsection (d) of section 3 of Public Law 104-91 and
inserting ``sec. 212.''; and
(2) moving and <<NOTE: 16 USC 1169b.>> redesignating such
subsection so as to appear as section 212 of the Fur Seal Act of
1966.
(b) Section 201 of the Fur Seal Act of 1966 (16 U.S.C. 1161) is
amended by striking ``on such Islands'' and inserting ``on such
property''.
(c) The Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) is amended by
inserting before title I the following:
``SECTION 1. <<NOTE: 16 USC 1151 note.>> SHORT TITLE.
``This Act may be cited as the `Fur Seal Act of 1966'.''.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is amended--
(1) by striking subsection (f ) and inserting the following:
``(f ) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$10,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and
2005 for the purposes of carrying out this section.
``(2) Limitation.--None of the funds authorized by this
subsection may be expended for the purpose of cleaning up or
remediating any landfills, wastes, dumps, debris, storage tanks,
property, hazardous or unsafe conditions, or contaminants,
including petroleum products and their derivatives, left by the
Department of Defense or any of its components on lands on the
Pribilof Islands, Alaska.''; and
(2) by adding at the end the following:
``(g) Low-Interest Loan Program.--
``(1) Capitalization of revolving fund.--Of amounts
authorized under subsection (f ) for each of fiscal years 2001,
[[Page 114 STAT. 2800]]
2002, 2003, 2004, and 2005, the Secretary may provide to the
State of Alaska up to $2,000,000 per fiscal year to capitalize a
revolving fund to be used by the State for loans under this
subsection.
``(2) Low-interest loans.--The Secretary shall require that
any revolving fund established with amounts provided under this
subsection shall be used only to provide low-interest loans to
Natives of the Pribilof Islands to assess, respond to,
remediate, and monitor contamination from lead paint, asbestos,
and petroleum from underground storage tanks.
``(3) Natives of the pribilof islands defined.--The
definitions set forth in section 101 of the Fur Seal Act of 1966
(16 U.S.C. 1151) shall apply to this section, except that the
term `Natives of the Pribilof Islands' includes the Tanadgusix
and Tanaq Corporations.
``(4) Reversion of funds.--Before the Secretary may provide
any funds to the State of Alaska under this section, the State
of Alaska and the Secretary must agree in writing that, on the
last day of fiscal year 2011, and of each fiscal year thereafter
until the full amount provided to the State of Alaska by the
Secretary under this section has been repaid to the United
States, the State of Alaska shall transfer to the Treasury of
the United States monies remaining in the revolving fund,
including principal and interest paid into the revolving fund as
repayment of loans.''.
TITLE II--CORAL <<NOTE: Coral Reef Conservation Act of 2000.>> REEF
CONSERVATION
SEC. 201. <<NOTE: 16 USC 6401 note.>> SHORT TITLE.
This title may be cited as the ``Coral Reef Conservation Act of
2000''.
SEC. 202. <<NOTE: 16 USC 6401.>> PURPOSES.
The purposes of this title are--
(1) to preserve, sustain, and restore the condition of coral
reef ecosystems;
(2) to promote the wise management and sustainable use of
coral reef ecosystems to benefit local communities and the
Nation;
(3) to develop sound scientific information on the condition
of coral reef ecosystems and the threats to such ecosystems;
(4) to assist in the preservation of coral reefs by
supporting conservation programs, including projects that
involve affected local communities and nongovernmental
organizations;
(5) to provide financial resources for those programs and
projects; and
(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be used
for coral reef conservation projects.
SEC. 203. <<NOTE: 16 USC 6402.>> NATIONAL CORAL REEF ACTION STRATEGY.
(a) In General.--Not <<NOTE: Deadline. Federal Register,
publication.>> later than 180 days after the date of the enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and to the Committee on
Resources of the House of Representatives and publish in the Federal
Register a national coral reef action
[[Page 114 STAT. 2801]]
strategy, consistent with the purposes of this title. The Administrator
shall periodically review and revise the strategy as necessary. In
developing this national strategy, the Secretary may consult with the
Coral Reef Task Force established under Executive Order 13089 (June 11,
1998).
(b) Goals and Objectives.--The action strategy shall include a
statement of goals and objectives as well as an implementation plan,
including a description of the funds obligated each fiscal year to
advance coral reef conservation. The action strategy and implementation
plan shall include discussion of--
(1) coastal uses and management;
(2) water and air quality;
(3) mapping and information management;
(4) research, monitoring, and assessment;
(5) international and regional issues;
(6) outreach and education;
(7) local strategies developed by the States or Federal
agencies, including regional fishery management councils; and
(8) conservation, including how the use of marine protected
areas to serve as replenishment zones will be developed
consistent with local practices and traditions.
SEC. 204. <<NOTE: 16 USC 6403.>> CORAL REEF CONSERVATION PROGRAM.
(a) Grants.--The Secretary, through the Administrator and subject to
the availability of funds, shall provide grants of financial assistance
for projects for the conservation of coral reefs (hereafter in this
title referred to as ``coral conservation projects''), for proposals
approved by the Administrator in accordance with this section.
(b) Matching Requirements.--
(1) Fifty percent.--Except as provided in paragraph (2),
Federal funds for any coral conservation project under this
section may not exceed 50 percent of the total cost of such
project. For purposes of this paragraph, the non-Federal share
of project costs may be provided by in-kind contributions and
other noncash support.
(2) Waiver.--The Administrator may waive all or part of the
matching requirement under paragraph (1) if the Administrator
determines that no reasonable means are available through which
applicants can meet the matching requirement and the probable
benefit of such project outweighs the public interest in such
matching requirement.
(c) Eligibility.--Any natural resource management authority of a
State or other government authority with jurisdiction over coral reefs
or whose activities directly or indirectly affect coral reefs, or coral
reef ecosystems, or educational or nongovernmental institutions with
demonstrated expertise in the conservation of coral reefs, may submit to
the Administrator a coral conservation proposal under subsection (e).
(d) Geographic and Biological Diversity.--The Administrator shall
ensure that funding for grants awarded under subsection (b) during a
fiscal year are distributed in the following manner:
(1) No less than 40 percent of funds available shall be
awarded for coral conservation projects in the Pacific Ocean
within the maritime areas and zones subject to the jurisdiction
or control of the United States.
[[Page 114 STAT. 2802]]
(2) No less than 40 percent of the funds available shall be
awarded for coral conservation projects in the Atlantic Ocean,
the Gulf of Mexico, and the Caribbean Sea within the maritime
areas and zones subject to the jurisdiction or control of the
United States.
(3) Remaining funds shall be awarded for projects that
address emerging priorities or threats, including international
priorities or threats, identified by the Administrator. When
identifying emerging threats or priorities, the Administrator
may consult with the Coral Reef Task Force.
(e) Project Proposals.--Each proposal for a grant under this section
shall include the following:
(1) The name of the individual or entity responsible for
conducting the project.
(2) A description of the qualifications of the individuals
who will conduct the project.
(3) A succinct statement of the purposes of the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in
which the project will be conducted.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) A description of how the project meets one or more of
the criteria in subsection (g).
(8) Any other information the Administrator considers to be
necessary for evaluating the eligibility of the project for
funding under this title.
(f ) Project Review and Approval.--
(1) In general.--The Administrator shall review each coral
conservation project proposal to determine if it meets the
criteria set forth in subsection (g).
(2) Review; approval or <<NOTE: Deadline.>> disapproval.--
Not later than 6 months after receiving a project proposal under
this section, the Administrator shall--
(A) request and consider written comments on the
proposal from each Federal agency, State government, or
other government jurisdiction, including the relevant
regional fishery management councils established under
the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), or any National Marine
Sanctuary, with jurisdiction or management authority
over coral reef ecosystems in the area where the project
is to be conducted, including the extent to which the
project is consistent with locally-established
priorities;
(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that
peer review;
(C) after considering any written comments and
recommendations based on the reviews under subparagraphs
(A) and (B), approve or disapprove the proposal; and
(D) provide written notification of that approval
or disapproval to the person who submitted the proposal,
and each of those States and other government
jurisdictions that provided comments under subparagraph
(A).
[[Page 114 STAT. 2803]]
(g) Criteria for Approval.--The Administrator may not approve a
project proposal under this section unless the project is consistent
with the coral reef action strategy under section 203 and will enhance
the conservation of coral reefs by--
(1) implementing coral conservation programs which promote
sustainable development and ensure effective, long-term
conservation of coral reefs;
(2) addressing the conflicts arising from the use of
environments near coral reefs or from the use of corals, species
associated with coral reefs, and coral products;
(3) enhancing compliance with laws that prohibit or regulate
the taking of coral products or species associated with coral
reefs or regulate the use and management of coral reef
ecosystems;
(4) developing sound scientific information on the condition
of coral reef ecosystems or the threats to such ecosystems,
including factors that cause coral disease;
(5) promoting and assisting to implement cooperative coral
reef conservation projects that involve affected local
communities, nongovernmental organizations, or others in the
private sector;
(6) increasing public knowledge and awareness of coral reef
ecosystems and issues regarding their long term conservation;
(7) mapping the location and distribution of coral reefs;
(8) developing and implementing techniques to monitor and
assess the status and condition of coral reefs;
(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems; or
(10) promoting ecologically sound navigation and anchorages
near coral reefs.
(h) Project Reporting.--Each grantee under this section shall
provide periodic reports as required by the Administrator. Each report
shall include all information required by the Administrator for
evaluating the progress and success of the project.
(i) Coral Reef Task Force.--The Administrator may consult with the
Coral Reef Task Force to obtain guidance in establishing coral
conservation project priorities under this section.
( j) Implementation Guidelines.--Within <<NOTE: Deadline.>> 180 days
after the date of the enactment of this Act, the Administrator shall
promulgate necessary guidelines for implementing this section. In
developing those guidelines, the Administrator shall consult with State,
regional, and local entities involved in setting priorities for
conservation of coral reefs and provide for appropriate public notice
and opportunity for comment.
SEC. 205. <<NOTE: 16 USC 6404.>> CORAL REEF CONSERVATION FUND.
(a) Fund.--The Administrator may enter into an agreement with a
nonprofit organization that promotes coral reef conservation authorizing
such organization to receive, hold, and administer funds received
pursuant to this section. The organization shall invest, reinvest, and
otherwise administer the funds and maintain such funds and any interest
or revenues earned in a separate interest bearing account, hereafter
referred to as the Fund, established by such organization solely to
support partnerships between the public and private sectors that further
the purposes of this Act
[[Page 114 STAT. 2804]]
and are consistent with the national coral reef action strategy under
section 203.
(b) Authorization To Solicit Donations.--Pursuant to an agreement
entered into under subsection (a) of this section, an organization may
accept, receive, solicit, hold, administer, and use any gift to further
the purposes of this title. Any moneys received as a gift shall be
deposited and maintained in the Fund established by the organization
under subsection (a).
(c) Review of Performance.--The Administrator shall conduct a
continuing review of the grant program administered by an organization
under this section. Each review shall include a written assessment
concerning the extent to which that organization has implemented the
goals and requirements of this section and the national coral reef
action strategy under section 203.
(d) Administration.--Under an agreement entered into pursuant to
subsection (a), the Administrator may transfer funds appropriated to
carry out this title to an organization. Amounts received by an
organization under this subsection may be used for matching, in whole or
in part, contributions (whether in money, services, or property) made to
the organization by private persons and State and local government
agencies.
SEC. 206. <<NOTE: 16 USC 6405.>> EMERGENCY ASSISTANCE.
The Administrator may make grants to any State, local, or
territorial government agency with jurisdiction over coral reefs for
emergencies to address unforeseen or disaster-related circumstance
pertaining to coral reefs or coral reef ecosystems.
SEC. 207. <<NOTE: 16 USC 6406.>> NATIONAL PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary may conduct activities to conserve coral reefs and coral reef
ecosystems, that are consistent with this title, the National Marine
Sanctuaries Act, the Coastal Zone Management Act of 1972, the Magnuson-
Stevens Fishery Conservation and Management Act, the Endangered Species
Act of 1973, and the Marine Mammal Protection Act of 1972.
(b) Authorized Activities.--Activities authorized under subsection
(a) include--
(1) mapping, monitoring, assessment, restoration, and
scientific research that benefit the understanding, sustainable
use, and long-term conservation of coral reefs and coral reef
ecosystems;
(2) enhancing public awareness, education, understanding,
and appreciation of coral reefs and coral reef ecosystems;
(3) providing assistance to States in removing abandoned
fishing gear, marine debris, and abandoned vessels from coral
reefs to conserve living marine resources; and
(4) cooperative conservation and management of coral reefs
and coral reef ecosystems with local, regional, or international
programs and partners.
SEC. 208. <<NOTE: 16 USC 6407.>> EFFECTIVENESS REPORTS.
(a) Grant Program.--Not later than <<NOTE: Deadline.>> 3 years after
the date of the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives a report that
documents the effectiveness of the grant program under section 204 in
meeting the purposes of this title. The report
[[Page 114 STAT. 2805]]
shall include a State-by-State summary of Federal and non-Federal
contributions toward the costs of each project.
(b) National Program.--Not <<NOTE: Deadline. Reports.>> later than 2
years after the date on which the Administrator publishes the national
coral reef strategy under section 203 and every 2 years thereafter, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of the House
of Representatives a report describing all activities undertaken to
implement that strategy, under section 203, including a description of
the funds obligated each fiscal year to advance coral reef conservation.
SEC. 209. <<NOTE: 16 USC 6408.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this title $16,000,000 for each of fiscal years
2001, 2002, 2003, and 2004, which may remain available until expended.
(b) Administration.--Of the amounts appropriated under subsection
(a), not more than the lesser of $1,000,000 or 10 percent of the amounts
appropriated, may be used for program administration or for overhead
costs incurred by the National Oceanic and Atmospheric Administration or
the Department of Commerce and assessed as an administrative charge.
(c) Coral Reef Conservation Program.--From the amounts appropriated
under subsection (a), there shall be made available to the Secretary
$8,000,000 for each of fiscal years 2001, 2002, 2003, and 2004 for coral
reef conservation activities under section 204.
(d) National Coral Reef Activities.--From the amounts appropriated
under subsection (a), there shall be made available to the Secretary
$8,000,000 for each of fiscal years 2001, 2002, 2003, and 2004 for
activities under section 207.
SEC. 210. <<NOTE: 16 USC 6409.>> DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to preserve or sustain
corals and associated species as diverse, viable, and self-
perpetuating coral reef ecosystems, including all activities
associated with resource management, such as assessment,
conservation, protection, restoration, sustainable use, and
management of habitat; mapping; habitat monitoring; assistance
in the development of management strategies for marine protected
areas and marine resources consistent with the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.); law enforcement; conflict resolution initiatives;
community outreach and education; and that promote safe and
ecologically sound navigation.
(3) Coral.--The term ``coral'' means species of the phylum
Cnidaria, including--
(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and others),
Alcyanacea (soft
[[Page 114 STAT. 2806]]
corals), and Coenothecalia (blue coral), of the class
Anthozoa; and
(B) all species of the order Hydrocorallina (fire
corals and hydrocorals) of the class Hydrozoa.
(4) Coral reef.--The term ``coral reef '' means any reefs or
shoals composed primarily of corals.
(5) Coral reef ecosystem.--The term ``coral reef ecosystem''
means coral and other species of reef organisms (including reef
plants) associated with coral reefs, and the nonliving
environmental factors that directly affect coral reefs, that
together function as an ecological unit in nature.
(6) Coral products.--The term ``coral products'' means any
living or dead specimens, parts, or derivatives, or any product
containing specimens, parts, or derivatives, of any species
referred to in paragraph (3).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) State.--The term ``State'' means any State of the United
States that contains a coral reef ecosystem within its seaward
boundaries, American Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands, and any other territory or
possession of the United States, or separate sovereign in free
association with the United States, that contains a coral reef
ecosystem within its seaward boundaries.
TITLE III--MISCELLANEOUS
SEC. 301. GREAT LAKES FISHERY ACT OF 1956.
Section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C.
932(a)) is amended by adding at the end the following:
``(3) Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service, except
for purposes of injury compensation or tort claims liability as provided
in chapter 81 of title 5, United States Code, and chapter 171 of title
28, United States Code.''.
SEC. 302. TUNA CONVENTIONS ACT OF 1950.
Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952) is
amended by inserting before ``Of such Commissioners--'' the following:
``Individuals serving as such Commissioners shall not be considered to
be Federal employees while performing such service, except for purposes
of injury compensation or tort claims liability as provided in chapter
81 of title 5, United States Code, and chapter 171 of title 28, United
States Code.''.
SEC. 303. ATLANTIC TUNAS CONVENTION ACT OF 1975.
Section 3(a)(1) of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971a(a)(1)) is amended by inserting before ``The Commissioners''
the following: ``Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service, except
for purposes of injury compensation or tort claims liability as provided
in chapter 81 of title 5, United States Code, and chapter 171 of title
28, United States Code.''.
SEC. 304. NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.
(a) Clerical Amendment.--Public Law 102-587 is amended by striking
title VIII <<NOTE: 16 USC 5001 et seq.>> (106 Stat. 5098 et seq.).
[[Page 114 STAT. 2807]]
(b) Treatment Commissioners.--Section 804(a) of the North Pacific
Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is amended by
inserting before ``Of the Commissioners--'' the following: ``Individuals
serving as such Commissioners shall not be considered to be Federal
employees while performing such service, except for purposes of injury
compensation or tort claims liability as provided in chapter 81 of title
5, United States Code, and chapter 171 of title 28, United States
Code.''.
SEC. 305. HIGH SEAS FISHING COMPLIANCE ACT OF 1995.
Section 103(4) of the High Seas Fishing Compliance Act of 1995 (16
U.S.C. 5502(4)) is amended by inserting ``or subject to the jurisdiction
of the United States'' after ``United States''.
SEC. 306. REIMBURSEMENT OF EXPENSES.
Notwithstanding section 3302(b) and (c) of title 31, United States
Code, all amounts received by the United States in settlement of, or
judgment for, damage claims arising from the October 9, 1992, allision
of the vessel ZACHARY into the National Oceanic and Atmospheric
Administration research vessel DISCOVERER, and from the disposal of
marine assets, and all amounts received by the United States from the
disposal of marine assets of the National Oceanic and Atmospheric
Administration--
(1) shall be retained as an offsetting collection in the
Operations, Research and Facilities account of the National
Oceanic and Atmospheric Administration;
(2) shall be deposited into that account upon receipt by the
United States Government; and
(3) shall be available only for obligation for National
Oceanic and Atmospheric Administration hydrographic and
fisheries vessel operations.
SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE SANCTUARIES ACT.
(a) Cross Reference Correction.--Section 304(f )(2) of the National
Marine Sanctuaries Act (16 U.S.C. 1434(f )(2)) is amended by striking
``paragraph (2)'' and inserting ``subparagraphs (A) and (B) of paragraph
(1)''.
(b) Short Title Correction.--Section 317 <<NOTE: 16 USC 1431
note.>> of such Act (16 U.S.C. 1445 note) is amended by striking ``
`The'' and inserting ``the ` ''.
(c) Effective Date.--Subsection (a) shall <<NOTE: 16 USC 1434
note.>> take effect January 1, 2001.
TITLE IV--STUDY OF EASTERN GRAY WHALE POPULATION
SEC. 401. <<NOTE: 16 USC 917a note.>> STUDY OF THE EASTERN GRAY WHALE
POPULATION.
(a) Study.--Not later than <<NOTE: Deadline.>> 180 days after the
date of the enactment of this Act and subject to the availability of
appropriations, the Secretary of Commerce shall initiate a study of the
environmental and biological factors responsible for the significant
increase in mortality events of the eastern gray whale population, and
the other potential impacts these factors may be having on the eastern
gray whale population.
[[Page 114 STAT. 2808]]
(b) Consideration of Western Population Information.--The Secretary
should ensure that, to the greatest extent practicable, information from
current and future studies of the western gray whale population is
considered in the study under this section, so as to better understand
the dynamics of each population and to test different hypotheses that
may lead to an increased understanding of the mechanism driving their
respective population dynamics.
(c) Authorization of Appropriations.--In addition to other amounts
authorized under this title, there are authorized to be appropriated to
the Secretary to carry out this section--
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.
TITLE V--MISCELLANEOUS
SEC. 501. TREATMENT OF VESSEL AS AN ELIGIBLE VESSEL.
Notwithstanding paragraphs (1) through (3) of sections 208(a) of the
American Fisheries Act (title II of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277; 112 Stat. 2681-624)), the catcher vessel HAZEL LORRAINE
(United States Official Number 592211) and the catcher vessel PROVIDIAN
(United States Official Number 1062183) shall be considered to be
vessels that are eligible to harvest the directed fishing allowance
under section 206(b)(1) of that Act pursuant to a Federal fishing permit
in the same manner as, and subject to the same requirements and
limitations on that harvesting as apply to, catcher vessels that are
eligible to harvest that directed fishing allowance under section 208(a)
of that Act.
Approved December 23, 2000.
LEGISLATIVE HISTORY--H.R. 1653:
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HOUSE REPORTS: No. 106-195 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 30, 31, considered and passed House.
Dec. 14, considered and passed Senate.
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