[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3417 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3417

    To complete the orderly withdrawal of the National Oceanic and 
    Atmospheric Administration from the civil administration of the 
                       Pribilof Islands, Alaska.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 1999

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To complete the orderly withdrawal of the National Oceanic and 
    Atmospheric Administration from the civil administration of the 
                       Pribilof Islands, Alaska.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSE.

    The purpose of this Act is to complete the orderly withdrawal of 
the National Oceanic and Atmospheric Administration from the civil 
administration of the Pribilof Islands, Alaska.

SEC. 3. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR SEAL ACT OF 
              1966.

    Public Law 89-702, popularly known and referred to in this Act as 
the Fur Seal Act of 1966, is amended by amending section 206 (16 U.S.C. 
1166) to read as follows:

``SEC. 206. FINANCIAL ASSISTANCE.

    ``(a) Grant Authority.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall provide assistance to any 
        city government, village corporation, or tribal council of St. 
        George, Alaska, or St. Paul, Alaska, to--
                    ``(A) reimburse costs incurred by the grantee in 
                upgrading or replacing Federal infrastructure or 
                facilities transferred to the grantee under section 
                205; or
                    ``(B) promote the development of a stable, self-
                sufficient, enduring, and diversified economy in the 
                Pribilof Islands that is not dependent on sealing.
            ``(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.
    ``(b) Solid Waste Assistance.--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 
necessitated by the National Oceanic and Atmospheric Administration's 
administration of the islands under the Fur Seal Act of 1966 to be 
operated under a permit issued by the State of Alaska under section 
46.03.100 of the Alaska Statutes.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            ``(1) for assistance under subsection (a), for each of 
        fiscal years 2001 and 2002--
                    ``(A) $4,500,000, for grants to the city of St. 
                Paul;
                    ``(B) $3,150,000, for grants to the Tanadgusix 
                Corporation;
                    ``(C) $750,000, for grants to the St. Paul Tribal 
                Council;
                    ``(D) $3,000,000, for grants to the city of St. 
                George;
                    ``(E) $2,100,000, for grants to the Tanaq 
                Corporation; and
                    ``(F) $500,000, for grants to the St. George Tribal 
                Council; and
            ``(2) for assistance under subsection (b), such sums as may 
        be necessary for each of fiscal years 2000 and 2001.
    ``(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 
it necessary for the efficient conduct of public business.''.

SEC. 4. DISPOSAL OF PROPERTY.

    Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165) is 
amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Not later than 3 months after the date of 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. 5. 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, 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 Act; 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 Act.
            (3) Rule of construction.--Nothing in this Act 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).
    (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, 
                related to National Oceanic and Atmospheric 
                Administration administration of the Pribilof Islands 
                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--
                    (A) the State of Alaska determines that all 
                responsibilities of the Secretary, the Department of 
                Commerce, and the United States under the Pribilof 
                Islands Environmental Restoration Agreement between the 
                National Oceanic and Atmospheric Administration and the 
                State of Alaska, signed January 26, 1996, have been 
                fulfilled;
                    (B) the Secretary of Commerce has completed the 
                cleanup required under section 3(a) of Public Law 104-
                91 (16 U.S.C. 1165 note);
                    (C) the Secretary of Commerce determines that the 
                properties specified in the document referred to in 
                subsection (a) of section 205 of the Fur Seal Act of 
                1966 (16 U.S.C. 1165(a)), as amended by this Act, can 
                be unconditionally offered for conveyance under that 
                section; and
                    (D) the Secretary of Commerce determines that all 
                amounts authorized under section 206(c)(1) of the Fur 
                Seal Act of 1966, as amended by this Act, have been 
                appropriated and obligated.
            (3) Limitation on seeking contributions.--(A) 
        Notwithstanding any other provision of this Act (other than 
        subparagraph (B)), no Federal agency or department shall seek 
        financial contributions from any Natives of the Pribilof 
        Islands for costs or fees incurred by the Secretary of Commerce 
        for actions taken pursuant to--
                    (i) the Pribilof Islands Environmental Restoration 
                Agreement between the Secretary and the State of Alaska 
                Department of Environmental Conservation; or
                    (ii) section 3(a) of Public Law 104-91 (16 U.S.C. 
                1165 note).
            (B) Subparagraph (A) applies only to--
                    (i) cleanup actions, including assessment, 
                response, remediation, and monitoring, that occurred--
                            (I) on property on the Pribilof Islands to 
                        which the Federal Government held title 
                        immediately before the enactment of this Act; 
                        and
                            (II) before the date of the enactment of 
                        this Act; and
                    (ii) cleanup actions, including assessment, 
                response, remediation, and monitoring, that occurred--
                            (I) on property on the Pribilof Islands 
                        that was transferred or conveyed by the Federal 
                        Government before the date of the enactment of 
                        this Act to one or more Natives of the Pribilof 
                        Islands; and
                            (II) before the date of that transfer or 
                        conveyance.
            (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.
    (c) Repeals.--Effective on the date 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 Act 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'' shall 
        include the Tanadgusix and Tanaq Corporations.

SEC. 6. TECHNICAL AND CLARIFYING AMENDMENTS.

    (a) Public Law 104-91 and the Fur Seal Act of 1966 are amended by--
            (1) striking the heading for subsection (d) of section 3 of 
        Public Law 104-91; and
            (2) moving and redesignating such subsection so 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 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. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is amended--
            (1) in subsection (f) by striking ``1996, 1997, and 1998'' 
        and inserting ``2001, 2002, and 2003''; 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, and 2003, the Secretary may provide to the State of 
        Alaska up to $2,000,000 per fiscal year to establish and 
        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, remediate, 
        and monitor contamination from lead paint, asbestos, and 
        petroleum from underground storage tanks that resulted from 
        National Oceanic and Atmospheric Administration of the Pribilof 
        Islands under the Fur Seal Act of 1966.
            ``(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' shall include the 
        Tanadgusix and Tanaq Corporations.''.
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