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

                                                 Union Calendar No. 314

106th CONGRESS

  2d Session

                               H. R. 3417

                          [Report No. 106-569]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 11, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 314
106th CONGRESS
  2d Session
                                H. R. 3417

                          [Report No. 106-569]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 1999

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

                             April 11, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 17, 1999]

_______________________________________________________________________

                                 A BILL


 
    To complete the orderly withdrawal of the National Oceanic and 
    Atmospheric Administration from the civil 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 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 or 
        withhold 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 authorized under section 
                5(b)(3)(C) of the Pribilof Islands Transition Act.
            ``(4) Funding instruments and procedures.--In providing 
        assistance under this subsection the Secretary shall use 
        funding instruments and procedures that are equivalent to the 
        instruments and procedures required to be used by the Bureau of 
        Indian Affairs pursuant to title IV of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.), so as to foster maximum flexibility in the local 
        administration of such assistance.
            ``(5) Pro rata distribution of assistance.--In any fiscal 
        year for which less than all of the funds authorized under 
        subsection (c)(1) are appropriated, such funds shall be 
        distributed under this subsection on a pro rata basis among the 
        entities referred to in subsection (c)(1) in the same 
        proportions in which amounts are authorized by that subsection 
        for grants to those entities.
    ``(b) Solid Waste Assistance.--Subject to the 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)--
                    ``(A) $9,000,000, for grants to the city of St. 
                Paul;
                    ``(B) $6,300,000, for grants to the Tanadgusix 
                Corporation;
                    ``(C) $1,500,000, for grants to the St. Paul Tribal 
                Council;
                    ``(D) $6,000,000, for grants to the city of St. 
                George;
                    ``(E) $4,200,000, for grants to the St. George 
                Tanaq Corporation; and
                    ``(F) $1,000,000, for grants to the St. George 
                Tribal Council; and
            ``(2) for assistance under subsection (b), such sums as may 
        be necessary for each of fiscal years 2001, 2002, and 2003.
    ``(d) Limitation on Use of Assistance for 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.
    ``(e) Immunity From Liability.--The Department of Commerce and the 
National Oceanic and Atmospheric Administration shall not have any 
liability under this Act 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 having provided 
assistance to the State of Alaska under subsection (b).''.

SEC. 4. DISPOSAL OF PROPERTY.

    Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165) is 
amended--
            (1) by amending subsection (c) to read as 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, 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 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) 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, 
                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--
                    (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) After 
        subsection (c) becomes effective and except as provided in 
subparagraph (C), no Federal agency or department shall seek financial 
contributions from any Natives of the Pribilof Islands for costs or 
fees incurred by the Secretary of Commerce for actions taken pursuant 
to--
                    (i) the Pribilof Islands Environmental 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 the following actions:
                    (i) The cleanup of any wastes, dumps, debris, 
                storage tanks, property, hazardous or unsafe 
                conditions, and contaminants, including petroleum 
                products and their derivatives, left by the National 
                Oceanic and Atmospheric Administration or any other 
                Federal agency or department prior to the date of 
                enactment of this Act on lands that it or its 
                predecessor agencies abandoned, quitclaimed, or 
                otherwise transferred or are obligated to transfer, to 
                local entities or residents on the Pribilof Islands, 
                Alaska, pursuant to the Fur Seal Act of 1966 (16 U.S.C. 
                1151 et seq.) or other applicable law.
                    (ii) The closure of solid waste management 
                facilities or the designing, locating, contracting for, 
                redeveloping, permitting, or certifying of any solid 
                waste management facility on the Pribilof Islands.
            (C) After subsection (c) becomes effective, the Secretary 
        of Commerce may seek contribution from the responsible Natives 
        of the Pribilof Islands for costs or fees incurred to cleanup 
        any wastes, dumps, debris, storage tanks, property, hazardous 
        or unsafe conditions, and contaminants, including petroleum 
        products and their derivatives, left by such Natives of the 
        Pribilof Islands after the date of enactment of this Act on 
        lands, except for landfills or solid waste management 
        facilities, that the National Oceanic and Atmospheric 
        Administration or its predecessor agencies abandoned, 
        quitclaimed, or otherwise transferred or are obligated to 
        transfer to local entities or residents on the Pribilof 
        Islands, Alaska, pursuant to the Fur Seal Act of 1966 (16 
        U.S.C. 1151 et seq.) or other applicable law.
            (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 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'' includes 
        the Tanadgusix Corporation, the St. George Tanaq Corporation, 
        and the city governments and tribal councils of St. Paul and 
        St. George, Alaska.

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.''.