[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1653 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 1653

_______________________________________________________________________

                                 AN ACT


 
     To complete the orderly withdrawal of the 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 ISLANDS

SEC. 101. SHORT TITLE.

    This title may be referred to as the ``Pribilof Islands Transition 
Act''.

SEC. 102. 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 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 order to be eligible to receive 
        financial assistance under this subsection, not later than 180 
        days after the date of 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 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 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. 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 
        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;
                    (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 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:
                    (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 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 insert ``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. 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, 
        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 REEF CONSERVATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Coral Reef Conservation Act of 
2000''.

SEC. 202. 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. NATIONAL CORAL REEF ACTION STRATEGY.

    (a) In General.--Not later than 180 days after the date of 
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 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. 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) 50 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 
        applicant 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.
            (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 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).
    (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 180 days after the date of 
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. 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 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. 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. 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. EFFECTIVENESS REPORTS.

    (a) Grant Program.--Not later than 3 years after the date of 
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 shall include a State-
by-State summary of Federal and non-Federal contributions toward the 
costs of each project.
    (b) National Program.--Not 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. 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. 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 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 (106 Stat. 5098 et seq.).
    (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 of such Act (16 U.S.C. 
1445 note) is amended by striking ```The'' and inserting ``the `''.
    (c) Effective Date.--Subsection (a) shall take effect January 1, 
2001.

            TITLE IV--STUDY OF EASTERN GRAY WHALE POPULATION

SEC. 401. STUDY OF THE EASTERN GRAY WHALE POPULATION.

    (a) Study.--Not later than 180 days after the date of 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.
    (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.

            Passed the House of Representatives October 31, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                               H. R. 1653

_______________________________________________________________________

                                 AN ACT

     To complete the orderly withdrawal of the NOAA from the civil 
 administration of the Pribilof Islands, Alaska, and to assist in the 
          conservation of coral reefs, and for other purposes.