[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Received in Senate (RDS)]

  2d Session
                                H. R. 2903


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 1 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 AN ACT


 
    To reauthorize the Striped Bass Conservation Act, 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--ATLANTIC COASTAL FISHERIES

               Subtitle A--Atlantic Striped Bass Conservation

SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT.

    Section 7(a) of the Atlantic Striped Bass Conservation Act (16 
U.S.C. 1851 note) is amended to read as follows:
    ``(a) Authorization.--For each of fiscal years 2001, 2002, and 
2003, there are authorized to be appropriated to carry out this Act--
            ``(1) $1,000,000 to the Secretary of Commerce; and
            ``(2) $250,000 to the Secretary of the Interior.''.

SEC. 102. POPULATION STUDY OF STRIPED BASS.

    (a) Study.--The Secretaries (as that term is defined in the 
Atlantic Striped Bass Conservation Act), in consultation with the 
Atlantic States Marine Fisheries Commission, shall conduct a study to 
determine if the distribution of year classes in the Atlantic striped 
bass population is appropriate for maintaining adequate recruitment and 
sustainable fishing opportunities. In conducting the study, the 
Secretaries shall consider--
            (1) long-term stock assessment data and other fishery-
        dependent and independent data for Atlantic striped bass; and
            (2) the results of peer-reviewed research funded under the 
        Atlantic Striped Bass Conservation Act.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretaries, in consultation with the 
Atlantic States Marine Fisheries Commission, shall submit to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science and Transportation of the Senate the 
results of the study and a long-term plan to ensure a balanced and 
healthy population structure of Atlantic striped bass, including older 
fish. The report shall include information regarding--
            (1) the structure of the Atlantic striped bass population 
        required to maintain adequate recruitment and sustainable 
        fishing opportunities; and
            (2) recommendations for measures necessary to achieve and 
        maintain the population structure described in paragraph (1).
    (c) Authorization.--There are authorized to be appropriated to the 
Secretary of Commerce $250,000 to carry out this section.

     Subtitle B--Atlantic Coastal Fisheries Cooperative Management

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Atlantic Coastal Fisheries Act 
of 2000''.

SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE 
              MANAGEMENT ACT.

    (a) Authorization of Appropriations.--Section 811 of the Atlantic 
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is 
amended to read as follows:

``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--To carry out this title, there are authorized to 
be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
    ``(b) Cooperative Statistics Program.--Amounts authorized under 
subsection (a) may be used by the Secretary to support the Commission's 
cooperative statistics program.''.
    (b) Technical Corrections.--
            (1) In general.--Such Act is amended--
                    (A) in section 802(3) (16 U.S.C. 5101(3)) by 
                striking ``such resources in'' and inserting ``such 
                resources is''; and
                    (B) by striking section 812 and the second section 
                811.
            (2) Amendments to repeal not affected.--The amendments made 
        by paragraph (1)(B) shall not affect any amendment or repeal 
        made by the sections struck by that paragraph.
            (3) Short title references.--Such Act is further amended by 
        striking ``Magnuson Fishery'' each place it appears and 
        inserting ``Magnuson-Stevens Fishery''.
    (c) Reports.--
            (1) Annual report to the secretary.--The Secretary shall 
        require, as a condition of providing financial assistance under 
        this subtitle, that the Commission and each State receiving 
        such assistance submit to the Secretary an annual report that 
        provides a detailed accounting of the use the assistance.
            (2) Biennial reports to the congress.--The Secretary shall 
        submit biennial reports to the Committee on Resources of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate on the use of Federal 
        assistance provided to the Commission and the States under this 
        subtitle. Each biennial report shall evaluate the success of 
        such assistance in implementing this subtitle.

   TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                                PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Marine Mammal Rescue Assistance 
Act of 2000''.

SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
              PROGRAM.

    (a) In General.--Title IV of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371 et seq.) is amended--
            (1) by redesignating sections 408 and 409 as sections 409 
        and 410, respectively; and
            (2) by inserting after section 407 the following:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
              PROGRAM.

    ``(a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a grant program to be known 
as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, 
to provide grants to eligible stranding network participants for the 
recovery or treatment of marine mammals, the collection of data from 
living or dead stranded marine mammals for scientific research 
regarding marine mammal health, and facility operation costs that are 
directly related to those purposes.
    ``(2)(A) The Secretary shall ensure that, to the greatest extent 
practicable, funds provided as grants under this subsection are 
distributed equitably among the stranding regions designated as of the 
date of the enactment of the Marine Mammal Rescue Assistance Act of 
2000, and in making such grants shall give preference to those 
facilities that have established records for rescuing or rehabilitating 
sick and stranded marine mammals in each of the respective regions, or 
subregions.
    ``(B) In determining priorities among such regions, the Secretary 
may consider--
            ``(i) any episodic stranding or any mortality event other 
        than an event described in section 410(6), that occurred in any 
        region in the preceding year;
            ``(ii) data regarding average annual strandings and 
        mortality events per region; and
            ``(iii) the size of the marine mammal populations 
        inhabiting a geographic area within such a region.
    ``(b) Application.--To receive a grant under this section, a 
stranding network participant shall submit an application in such form 
and manner as the Secretary may prescribe.
    ``(c) Consultation.--The Secretary shall consult with the Marine 
Mammal Commission, a representative from each of the designated 
stranding regions, and other individuals who represent public and 
private organizations that are actively involved in rescue, 
rehabilitation, release, scientific research, marine conservation, and 
forensic science regarding stranded marine mammals, regarding the 
development of criteria for the implementation of the grant program and 
the awarding of grants under the program.
    ``(d) Limitation.--The amount of a grant under this section shall 
not exceed $100,000.
    ``(e) Matching Requirement.--
            ``(1) In general.--The non-Federal share of the costs of an 
        activity conducted with a grant under this section shall be 25 
        percent of such costs.
            ``(2) In-kind contributions.--The Secretary may apply to 
        the non-Federal share of an activity conducted with a grant 
        under this section the amount of funds, and the fair market 
        value of property and services, provided by non-Federal sources 
        and used for the activity.
    ``(f) Administrative Expenses.--Of amounts available each fiscal 
year to carry out this section, the Secretary may expend not more than 
6 percent or $80,000, whichever is greater, to pay the administrative 
expenses necessary to carry out this section.
    ``(g) Definitions.--In this section:
            ``(1) Designated stranding region.--The term `designated 
        stranding region' means a geographic region designated by the 
        Secretary for purposes of administration of this title.
            ``(2) Secretary.--The term `Secretary' has the meaning 
        given that term in section 3(12)(A).
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2001 through 2003, to remain available until expended, of which--
            ``(1) $4,000,000 may be available to the Secretary of 
        Commerce; and
            ``(2) $1,000,000 may be available to the Secretary of the 
        Interior.''.
    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting 
``(other than section 408)'' after ``title IV''.
    (c) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended 
by striking the items relating to sections 408 and 409 and inserting 
the following:

``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant 
                            Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

SEC. 203. 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 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.

SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA.

    (a) In General.--The Secretary of Commerce (in this section 
referred to as the ``Secretary'') may convey to the Government of 
American Samoa in accordance with this section, without consideration, 
all right, title, and interest of the United States in and to a retired 
National Oceanic and Atmospheric Administration fishery research vessel 
in operable condition, for use by American Samoa.
    (b) Limitation.--The Secretary may not convey a vessel under this 
section before the date on which a new replacement fishery research 
vessel has been delivered to the National Oceanic and Atmospheric 
Administration and put in active service.
    (c) Operation and Maintenance.--The Government of the United States 
shall not be responsible or liable for any maintenance or operation of 
a vessel conveyed under this section after the date of the delivery of 
the vessel to American Samoa.

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL 
              MARINE SANCTUARY DESIGNATION STANDARDS.

    (a) Technical Amendment.--Section 303(a) of the National Marine 
Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the 
Secretary--'' and all that follows through the end of the sentence and 
inserting the following: ``the Secretary determines that--
            ``(1) the designation will fulfill the purposes and 
        policies of this title;
            ``(2) the area is of special national significance due to--
                    ``(A) its conservation, recreational, ecological, 
                historical, scientific, cultural, archeological, 
                educational, or esthetic qualities;
                    ``(B) the communities of living marine resources it 
                harbors; or
                    ``(C) its resource or human-use values;
            ``(3) existing State and Federal authorities are inadequate 
        or should be supplemented to ensure coordinated and 
        comprehensive conservation and management of the area, 
        including resource protection, scientific research, and public 
        education;
            ``(4) designation of the area as a national marine 
        sanctuary will facilitate the objectives stated in paragraph 
        (3); and
            ``(5) the area is of a size and nature that will permit 
        comprehensive and coordinated conservation and management.''.
    (b) Conforming Amendments.--Such Act is further amended--
            (1) in section 304(a)(1)(C) (as amended by section 6(a) of 
        the National Marine Sanctuaries Amendments Act of 2000) by 
        striking ``the Secretary shall''; and
            (2) in section 304(a)(2)(E) (as amended by section 6(b) of 
        the National Marine Sanctuaries Amendments Act of 2000) by 
        striking ``findings'' and inserting ``determinations''.
    (c) Effective Date.--This section shall take effect immediately 
after the National Marine Sanctuaries Amendments Act of 2000 takes 
effect.

SEC. 206. WESTERN PACIFIC PROJECT GRANTS.

    Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155 
note) is amended by striking the last sentence and inserting ``There 
are authorized to be appropriated to carry out this section $500,000 
for each fiscal year.''.

            Passed the House of Representatives October 31, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.