[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5086 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 5086

_______________________________________________________________________

                                 AN ACT


 
To amend the National Marine Sanctuaries Act of honor Dr. Nancy Foster, 
                        and for other purposes.

    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 cited as the ``Coastal and Fisheries Improvement 
Act of 2000''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                  TITLE I--NATIONAL MARINE SANCTUARIES

Sec. 101. Short title.
Sec. 102. Amendment of National Marine Sanctuaries Act.
Sec. 103. Changes in findings, purposes, and policies; establishment of 
                            system.
Sec. 104. Changes in definitions.
Sec. 105. Changes relating to sanctuary designation standards.
Sec. 106. Changes in procedures for sanctuary designation and 
                            implementation.
Sec. 107. Changes in activities prohibited.
Sec. 108. Changes in enforcement provisions.
Sec. 109. Additional regulations authority.
Sec. 110. Changes in research, monitoring, and education provisions.
Sec. 111. Changes in special use permit provisions.
Sec. 112. Changes in cooperative agreements provisions.
Sec. 113. Changes in provisions concerning destruction, loss, or 
                            injury.
Sec. 114. Authorization of appropriations.
Sec. 115. Changes in U.S.S. MONITOR provisions.
Sec. 116. Changes in advisory council provisions.
Sec. 117. Changes in the support enhancement provisions.
Sec. 118. Establishment of Dr. Nancy Foster Scholarship Program.
Sec. 119. Clerical amendments.
        TITLE II--MISCELLANEOUS FISHERY STATUTE REAUTHORIZATIONS

Sec. 201. Marine fish program.
Sec. 202. Interjurisdictional Fisheries Act of 1986 amendments.
Sec. 203. Anadromous Fish Conservation Act amendments.
                  TITLE III--REIMBURSEMENT OF EXPENSES

Sec. 301. Reimbursement of expenses.
   TITLE IV--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
                         PROTECTIVE ACT OF 1967

Sec. 401. Short title.
Sec. 402. Extension of period for reimbursement under Fishermen's 
                            Protective Act of 1967.
                      TITLE V--YUKON RIVER SALMON

Sec. 501. Short title.
Sec. 502. Yukon River Salmon Panel.
Sec. 503. Advisory committee.
Sec. 504. Exemption.
Sec. 505. Authority and responsibility.
Sec. 506. Administrative matters.
Sec. 507. Yukon River salmon stock restoration and enhancement 
                            projects.
Sec. 508. Authorization of appropriations.
               TITLE VI--FISHERY INFORMATION ACQUISITION

Sec. 601. Short title.
Sec. 602. Acquisition of fishery survey vessels.
                 TITLE VII--ATLANTIC COASTAL FISHERIES

             Subtitle A--Atlantic Striped Bass Conservation

Sec. 701. Reauthorization of Atlantic Striped Bass Conservation Act.
Sec. 702. Population study of striped bass.
     Subtitle B--Atlantic Coastal Fisheries Cooperative Management

Sec. 703. Short title.
Sec. 704. Reauthorization of Atlantic Coastal Fisheries Cooperative 
                            Management Act.
                  TITLE VIII--PACIFIC SALMON RECOVERY

Sec. 801. Short title.
Sec. 802. Salmon conservation and salmon habitat restoration 
                            assistance.
Sec. 803. Receipt and use of assistance.
Sec. 804. Public participation.
Sec. 805. Consultation not required.
Sec. 806. Reports.
Sec. 807. Definitions.
Sec. 808. Pacific Salmon Treaty.
Sec. 809. Treatment of International Fishery Commission pensioners.
Sec. 810. Authorization of appropriations.
TITLE IX--MISCELLANEOUS TECHNICAL AMENDMENTS TO INTERNATIONAL FISHERIES 
                                  ACTS

Sec. 901. Great Lakes Fishery Act of 1956.
Sec. 902. Tuna Conventions Act of 1950.
Sec. 903. Atlantic Tunas Convention Act of 1975.
Sec. 904. North Pacific Anadromous Stocks Act of 1992.
Sec. 905. High Seas Fishing Compliance Act of 1995.
                       TITLE X--PRIBILOF ISLANDS

Sec. 1001. Short title.
Sec. 1002. Purpose.
Sec. 1003. Fur Seal Act of 1996 defined.
Sec. 1004. Financial assistance for Pribilof Islands under Fur Seal Act 
                            of 1966.
Sec. 1005. Disposal of property.
Sec. 1006. Termination of responsibilities.
Sec. 1007. Technical and clarifying amendments.
Sec. 1008. Authorization of appropriations.
                        TITLE XI--SHARK FINNING

Sec. 1101. Short title.
Sec. 1102. Purpose.
Sec. 1103. Prohibition on removing shark fin and discarding shark 
                            carcass at sea.
Sec. 1104. Regulations.
Sec. 1105. International negotiations.
Sec. 1106. Report to Congress.
Sec. 1107. Research.
Sec. 1108. Western Pacific longline fisheries cooperative research 
                            program. 
Sec. 1109. Shark-finning defined.
Sec. 1110. Authorization of appropriations.
   TITLE XII--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                                PROGRAM

Sec. 1201. Short title.
Sec. 1202. John H. Prescott Marine Mammal Rescue Assistance Grant 
                            Program.
Sec. 1203. Study of the eastern gray whale population.

                  TITLE I--NATIONAL MARINE SANCTUARIES

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Marine Sanctuaries 
Amendments Act of 2000''.

SEC. 102. AMENDMENT OF NATIONAL MARINE SANCTUARIES ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment or repeal to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).

SEC. 103. CHANGES IN FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
              SYSTEM.

    (a) Clerical Amendment.--The heading for section 301 (16 U.S.C. 
1431) is amended to read as follows:

``SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF 
              SYSTEM.''.

    (b) Findings.--Section 301(a) (16 U.S.C. 1431(a)) is amended--
            (1) in paragraph (2) by striking ``research, educational, 
        or esthetic'' and inserting ``scientific, educational, 
        cultural, archaeological, or esthetic'';
            (2) in paragraph (3) by adding ``and'' after the semicolon; 
        and
            (3) by striking paragraphs (4), (5), and (6) and inserting 
        the following:
            ``(4) a Federal program which establishes areas of the 
        marine environment which have special conservation, 
        recreational, ecological, historical, cultural, archaeological, 
        scientific, educational, or esthetic qualities as national 
        marine sanctuaries managed as the National Marine Sanctuary 
        System will--
                    ``(A) improve the conservation, understanding, 
                management, and wise and sustainable use of marine 
                resources;
                    ``(B) enhance public awareness, understanding, and 
                appreciation of the marine environment; and
                    ``(C) maintain for future generations the habitat, 
                and ecological services, of the natural assemblage of 
                living resources that inhabit these areas.''.
    (c) Purposes and Policies.--Section 301(b) (16 U.S.C. 1431(b)) is 
amended--
            (1) by striking ``significance;'' in paragraph (1) and 
        inserting ``significance and to manage these areas as the 
        National Marine Sanctuary System;'';
            (2) by striking paragraphs (3), (4), and (9);
            (3) by redesignating paragraphs (5) through (8) as 
        paragraphs (6) through (9), respectively;
            (4) by inserting after paragraph (2) the following:
            ``(3) to maintain the natural biological communities in the 
        national marine sanctuaries, and to protect, and, where 
        appropriate, restore and enhance natural habitats, populations, 
        and ecological processes;
            ``(4) to enhance public awareness, understanding, 
        appreciation, and wise and sustainable use of marine 
        environment, and the natural, historical, cultural, and 
        archaeological resources of the National Marine Sanctuary 
        System;
            ``(5) to support, promote, and coordinate scientific 
        research on, and long-term monitoring of, the resources of 
        these marine areas;'';
            (5) in paragraph (8), as redesignated, by striking 
        ``areas;'' and inserting ``areas, including the application of 
        innovative management techniques; and''; and
            (6) in paragraph (9), as redesignated, by striking ``; 
        and'' and inserting a period.
    (d) Establishment of System.--Section 301 is amended by adding at 
the end the following:
    ``(c) Establishment of System.--There is established the National 
Marine Sanctuary System, which shall consist of national marine 
sanctuaries designated in accordance with this title.''.

SEC. 104. CHANGES IN DEFINITIONS.

    (a) Damages.--Paragraph (6) of section 302 (16 U.S.C. 1432) is 
amended--
            (1) by striking ``and'' after the semicolon at the end of 
        subparagraph (B); and
            (2) by adding after subparagraph (C) the following:
                    ``(D) the cost of curation and conservation of 
                archaeological, historical, and cultural sanctuary 
                resources; and
                    ``(E) the cost of enforcement actions undertaken by 
                the Secretary in response to the destruction or loss 
                of, or injury to, a sanctuary resource;''.
    (b) Response Costs.--Paragraph (7) of such section is amended by 
inserting ``, including costs related to seizure, forfeiture, storage, 
or disposal arising from liability under section 312'' after ``injury'' 
the second place it appears.
    (c) Sanctuary Resource.--Paragraph (8) of such section is amended 
by striking ``research, educational,'' and inserting ``educational, 
cultural, archaeological, scientific,''.
    (d) System.--Such section is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) `System' means the National Marine Sanctuary System 
        established by section 301.''.

SEC. 105. CHANGES RELATING TO SANCTUARY DESIGNATION STANDARDS.

    (a) Standards.--Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended 
to read as follows:
            ``(1) determines that--
                    ``(A) the designation will fulfill the purposes and 
                policies of this title;
                    ``(B) the area is of special national significance 
                due to--
                            ``(i) its conservation, recreational, 
                        ecological, historical, scientific, cultural, 
                        archaeological, educational, or esthetic 
                        qualities;
                            ``(ii) the communities of living marine 
                        resources it harbors; or
                            ``(iii) its resource or human-use values;
                    ``(C) 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;
                    ``(D) designation of the area as a national marine 
                sanctuary will facilitate the objectives in 
                subparagraph (C); and
                    ``(E) the area is of a size and nature that will 
                permit comprehensive and coordinated conservation and 
                management; and''.
    (b) Factors; Repeal of Report Requirement.--Section 303(b) (16 
U.S.C. 1433(b)) is amended--
            (1) in paragraph (1) by striking ``and'' at the end of 
        subparagraph (H), by striking the period at the end of 
        subparagraph (I) and inserting a semicolon, and by adding at 
        the end the following:
                    ``(J) the areas's scientific value and value for 
                monitoring the resources and natural processes that 
                occur there;
                    ``(K) the feasibility, where appropriate, of 
                employing innovative management approaches to protect 
                sanctuary resources or to manage compatible uses; and
                    ``(L) the value of the area as an addition to the 
                System.''; and
            (2) by striking paragraph (3).

SEC. 106. CHANGES IN PROCEDURES FOR SANCTUARY DESIGNATION AND 
              IMPLEMENTATION.

    (a) Submission of Notice of Proposed Designation to Congress.--
Section 304(a)(1)(C) (16 U.S.C. 1434(a)(1)(C)) is amended to read as 
follows:
                    ``(C) no later than the day on which the notice 
                required under subparagraph (A) is submitted to Office 
                of the Federal Register, the Secretary shall submit a 
                copy of that notice and the draft sanctuary designation 
                documents prepared pursuant to section 304(a)(2), 
                including an executive summary, to the Committee on 
                Resources of the House of Representatives, the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, and the Governor of each State in which any 
                part of the proposed sanctuary would be located.''.
    (b) Sanctuary Designation Documents.--Section 304(a)(2) (16 U.S.C. 
1434(a)(2)) is amended to read as follows:
            ``(2) Sanctuary designation documents.--The Secretary shall 
        prepare and make available to the public sanctuary designation 
        documents on the proposal that include the following:
                    ``(A) A draft environmental impact statement 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    ``(B) A resource assessment that documents--
                            ``(i) present and potential uses of the 
                        area, including commercial and recreational 
                        fishing, research and education, minerals and 
                        energy development, subsistence uses, and other 
                        commercial, governmental, or recreational uses;
                            ``(ii) after consultation with the 
                        Secretary of the Interior, any commercial, 
                        governmental, or recreational resource uses in 
                        the areas that are subject to the primary 
                        jurisdiction of the Department of the Interior; 
                        and
                            ``(iii) information prepared in 
                        consultation with the Secretary of Defense, the 
                        Secretary of Energy, and the Administrator of 
                        the Environmental Protection Agency, on any 
                        past, present, or proposed future disposal or 
                        discharge of materials in the vicinity of the 
                        proposed sanctuary.
                Public disclosure by the Secretary of such information 
                shall be consistent with national security regulations.
                    ``(C) A draft management plan for the proposed 
                national marine sanctuary that includes the following:
                            ``(i) The terms of the proposed 
                        designation.
                            ``(ii) Proposed mechanisms to coordinate 
                        existing regulatory and management authorities 
                        within the area.
                            ``(iii) The proposed goals and objectives, 
                        management responsibilities, resource studies, 
                        and appropriate strategies for managing 
                        sanctuary resources of the proposed sanctuary, 
                        including interpretation and education, 
                        innovative management strategies, research, 
                        monitoring and assessment, resource protection, 
                        restoration, enforcement, and surveillance 
                        activities.
                            ``(iv) An evaluation of the advantages of 
                        cooperative State and Federal management if all 
                        or part of the proposed sanctuary is within the 
                        territorial limits of any State or is 
                        superjacent to the subsoil and seabed within 
                        the seaward boundary of a State, as that 
                        boundary is established under the Submerged 
                        Lands Act (43 U.S.C. 1301 et seq.).
                            ``(v) An estimate of the annual cost to the 
                        Federal Government of the proposed designation, 
                        including costs of personnel, equipment and 
                        facilities, enforcement, research, and public 
                        education.
                            ``(vi) The proposed regulations referred to 
                        in paragraph (1)(A).
                    ``(D) Maps depicting the boundaries of the proposed 
                sanctuary.
                    ``(E) The basis for the findings made under section 
                303(a) with respect to the area.
                    ``(F) An assessment of the considerations under 
                section 303(b)(1).''.
    (c) Withdrawal of Designation.--Section 304(b)(2) (16 U.S.C. 
1434(b)(2)) is amended by inserting ``or System'' after ``sanctuary'' 
the second place it appears.
    (d) Federal Agency Actions Affecting Sanctuary Resources.--Section 
304(d) (16 U.S.C.1434(d)) is amended by adding at the end the 
following:
            ``(4) Failure to follow alternative.--If the head of a 
        Federal agency takes an action other than an alternative 
        recommended by the Secretary and such action results in the 
        destruction or loss of or injury to a sanctuary resource, the 
        head of the agency shall promptly prevent and mitigate further 
        damage and restore or replace the sanctuary resource in a 
        manner approved by the Secretary.''.
    (e) Evaluation of Progress in Implementing Management Strategies.--
Section 304(e) (16 U.S.C. 1434(e)) is amended--
            (1) by striking ``management techniques,'' and inserting 
        ``management techniques and strategies,''; and
            (2) by adding at the end the following: ``This review shall 
        include a prioritization of management objectives.''.
    (f) Limitation on Designation of New Sanctuaries.--Section 304 (16 
U.S.C. 1434) is amended by adding at the end the following:
    ``(f) Limitation on Designation of New Sanctuaries.--
            ``(1) Finding required.--The Secretary may not publish in 
        the Federal Register any sanctuary designation notice or 
        regulations proposing to designate a new sanctuary, unless the 
        Secretary has published a finding that--
                    ``(A) the addition of a new sanctuary will not have 
                a negative impact on the System; and
                    ``(B) sufficient resources were available in the 
                fiscal year in which the finding is made to--
                            (i) effectively implement sanctuary 
                        management plans for each sanctuary in the 
                        System; and
                            (ii) complete site characterization studies 
                        and inventory known sanctuary resources, 
                        including cultural resources, for each 
                        sanctuary in the System within 10 years after 
                        the date that the finding is made if the 
                        resources available for those activities are 
                        maintained at the same level for each fiscal 
                        year in that 10 year period.
            ``(2) Deadline.--If the Secretary does not submit the 
        findings required by paragraph (1) before February 1, 2004, the 
        Secretary shall submit to the Congress before October 1, 2004, 
        a finding with respect to whether the requirements of 
        subparagraphs (A) and (B) of paragraph (1) have been met by all 
        existing sanctuaries.
            ``(3) Limitation on application.--Paragraph (1) does not 
        apply to any sanctuary designation documents for--
                    ``(A) a Thunder Bay National Marine Sanctuary; or
                    ``(B) a Northwestern Hawaiian Islands National 
                Marine Sanctuary.''.
    (g) Northwestern Hawaiian Islands Coral Reef Reserve.--
            (1) Presidential designation.--The President, after 
        consultation with the Governor of the State of Hawaii, may 
        designate any Northwestern Hawaiian Islands coral reef or coral 
        reef ecosystem as a coral reef reserve to be managed by the 
        Secretary of Commerce.
            (2) Secretarial action.--Upon the designation of a reserve 
        under paragraph (1) by the President, the Secretary shall--
                    (A) take action to initiate the designation of the 
                reserve as a national marine sanctuary under sections 
                303 and 304 of the National Marine Sanctuaries Act (16 
                U.S.C. 1433);
                    (B) establish a Northwestern Hawaiian Islands 
                Reserve Advisory Council under section 315 of that Act 
                (16 U.S.C. 1445a), the membership of which shall 
                include at least one representative from Native 
                Hawaiian groups; and
                    (C) until the reserve is designated as a national 
                marine sanctuary, manage the reserve in a manner 
                consistent with the purposes and policies of that Act.
            (3) Coordination.--The Secretary shall work with other 
        Federal agencies to develop a coordinated plan to make vessels 
        and other resources available for activities in the reserve.
            (4) Review.--If the Secretary has not designated a national 
        marine sanctuary in the Northwestern Hawaiian Islands under 
        sections 303 and 304 of the National Marine Sanctuaries Act (16 
        U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall 
        conduct a review of the management of the reserve under section 
        304(e) of that Act (16 U.S.C. 1434(e)).
            (5) Report.--No later than 6 months after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Resources, 
        describing actions taken to implement this subsection, 
        including costs of monitoring, enforcing, and addressing marine 
        debris, and the extent to which the fiscal or other resources 
        necessary to carry out this subsection are reflected in the 
        Budget of the United States Government submitted by the 
        President under section 1104 of title 31, United States Code.
            (6) Authorization of appropriations.--Of the amount 
        authorized under section 311 of the National Marine Sanctuaries 
        Act (16 U.S.C. 1444) for a fiscal year, no more than $3,000,000 
        shall be for carrying out this section.

SEC. 107. CHANGES IN ACTIVITIES PROHIBITED.

    Section 306 (16 U.S.C. 1436) is amended--
            (1) in the matter preceding paragraph (1) by inserting 
        ``for any person'' after ``unlawful'';
            (2) in paragraph (2) by inserting ``offer for sale, 
        purchase, import, export,'' after ``sell,''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) interfere with the enforcement of this title by--
                    ``(A) refusing to permit any officer authorized to 
                enforce this title to board a vessel, other than a 
                vessel operated by the Department of Defense or United 
                States Coast Guard, subject to such person's control 
                for the purposes of conducting any search or inspection 
                in connection with the enforcement of this title;
                    ``(B) resisting, opposing, impeding, intimidating, 
                interfering with, or forcibly assaulting any person 
                authorized by the Secretary to implement this title or 
                any such authorized officer in the conduct of any 
                search or inspection performed under this title;
                    ``(C) knowingly and willfully submitting false 
                information to the Secretary or any officer authorized 
                to enforce this title in connection with any search or 
                inspection conducted under this title; or
                    ``(D) resisting, opposing, impeding, intimidating, 
                harassing, bribing, interfering with, or forcibly 
                assaulting any person authorized by the Secretary to 
                implement the provisions of this title; or''.

SEC. 108. CHANGES IN ENFORCEMENT PROVISIONS.

    (a) Powers of Authorized Officers To Arrest.--Section 307(b) (16 
U.S.C. 1437(b)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (4), by striking the period at the end of 
paragraph (5) and inserting ``; and'', and by adding at the end the 
following:
            ``(6) arrest any person, if there is reasonable cause to 
        believe that such person has committed an act prohibited by 
        section 306(3).''.
    (b) Criminal Offenses.--Section 307 (16 U.S.C. 1437) is amended by 
redesignating subsections (c) through (j) in order as subsections (d) 
through (k), and by inserting after subsection (b) the following:
    ``(c) Criminal Offenses.--
            ``(1) Offenses.--A person is guilty of an offense under 
        this subsection if the person commits any act prohibited by 
        section 306(3).
            ``(2) Punishment.--Any person that is guilty of an offense 
        under this subsection--
                    ``(A) except as provided in subparagraph (B), shall 
                be fined under title 18, United States Code, imprisoned 
                for not more than 6 months, or both; or
                    ``(B) in the case of a person who in the commission 
                of such an offense uses a dangerous weapon, engages in 
                conduct that causes bodily injury to any person 
                authorized to enforce this title or any person 
                authorized to implement the provisions of this title, 
                or places any such person in fear of imminent bodily 
                injury, shall be fined under title 18, United States 
                Code, imprisoned for not more than 10 years, or 
                both.''.
    (c) Subpoenas of Electronic Files.--Subsection (g) of section 307 
(16 U.S.C. 1437), as redesignated by this section, is amended by 
inserting ``electronic files,'' after ``books,''.
    (d) Nationwide Service of Process.--Section 307 (16 U.S.C. 1437) is 
amended by adding at the end the following:
    ``(l) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business, or has appointed 
an agent for the service of process.''.

SEC. 109. ADDITIONAL REGULATIONS AUTHORITY.

    Section 308 (16 U.S.C. 1439) is amended to read as follows:

``SEC. 308. REGULATIONS.

    ``The Secretary may issue such regulations as may be necessary to 
carry out this title.''.

SEC. 110. CHANGES IN RESEARCH, MONITORING, AND EDUCATION PROVISIONS.

    Section 309 (16 U.S.C. 1440) is amended to read as follows:

``SEC. 309. RESEARCH, MONITORING, AND EDUCATION.

    ``(a) In General.--The Secretary shall conduct, support, and 
coordinate research, monitoring, and education programs consistent with 
subsections (b) and (c) and the purposes and policies of this title.
    ``(b) Research and Monitoring.--
            ``(1) In general.--The Secretary may--
                    ``(A) support, promote, and coordinate research on, 
                and long-term monitoring of, sanctuary resources and 
                natural processes that occur in national marine 
                sanctuaries, including exploration, mapping, and 
                environmental and socioeconomic assessment;
                    ``(B) develop and test methods to enhance degraded 
                habitats or restore damaged, injured, or lost sanctuary 
                resources; and
                    ``(C) support, promote, and coordinate research on, 
                and the conservation, curation, and public display of, 
                the cultural, archaeological, and historical resources 
                of national marine sanctuaries.
            ``(2) Availability of results.--The results of research and 
        monitoring conducted by the Secretary under this subsection 
        shall be made available to the public.
    ``(c) Education.--
            ``(1) In general.--The Secretary may support, promote, and 
        coordinate efforts to enhance public awareness, understanding, 
        and appreciation of national marine sanctuaries and the System. 
        Efforts supported, promoted, or coordinated under this 
        subsection must emphasize the conservation goals and 
        sustainable public uses of national marine sanctuaries and the 
        System.
            ``(2) Educational activities.--Activities under this 
        subsection may include education of the general public, 
        teachers, students, national marine sanctuary users, and ocean 
        and coastal resource managers.
    ``(d) Interpretive Facilities.--
            ``(1) In general.--The Secretary may develop interpretive 
        facilities near any national marine sanctuary.
            ``(2) Facility requirement.--Any facility developed under 
        this subsection must emphasize the conservation goals and 
        sustainable public uses of national marine sanctuaries by 
        providing the public with information about the conservation, 
        recreational, ecological, historical, cultural, archaeological, 
        scientific, educational, or esthetic qualities of the national 
        marine sanctuary.
    ``(e) Consultation and Coordination.--In conducting, supporting, 
and coordinating research, monitoring, and education programs under 
subsection (a) and developing interpretive facilities under subsection 
(d), the Secretary may consult or coordinate with Federal, regional, or 
interstate agencies, States, or local governments.''.

SEC. 111. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

    Section 310 (16 U.S.C. 1441) is amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), and by inserting after subsection 
        (a) the following:
    ``(b) Public Notice Required.--The Secretary shall provide 
appropriate public notice before identifying any category of activity 
subject to a special use permit under subsection (a).'';
            (2) by striking ``insurance'' in paragraph (4) of 
        subsection (c), as redesignated, and inserting ``insurance, or 
        post an equivalent bond,'';
            (3) by striking ``resource and a reasonable return to the 
        United States Government.'' in paragraph (2)(C) of subsection 
        (d), as redesignated, and inserting ``resource.'';
            (4) in subsection (d)(3)(B), as redesignated, by striking 
        ``designating and''; and
            (5) in subsection (d), as redesignated, by inserting after 
        paragraph (3) the following:
            ``(4) Waiver or reduction of fees.--The Secretary may 
        accept in-kind contributions in lieu of a fee under paragraph 
        (2)(C), or waive or reduce any fee assessed under this 
        subsection for any activity that does not derive profit from 
        the access to or use of sanctuary resources.''.

SEC. 112. CHANGES IN COOPERATIVE AGREEMENTS PROVISIONS.

    (a) Agreements and Grants.--Section 311(a) (16 U.S.C. 1442(a)) is 
amended to read as follows:
    ``(a) Agreements and Grants.--The Secretary may enter into 
cooperative agreements, contracts, or other agreements with, or make 
grants to, States, local governments, regional agencies, interstate 
agencies, or other persons to carry out the purposes and policies of 
this title.''.
    (b) Use of Resources From Other Government Agencies.--Section 311 
(16 U.S.C. 1442) is amended by adding at the end the following:
    ``(e) Use of Resources of Other Government Agencies.--The Secretary 
may, whenever appropriate, enter into an agreement with a State or 
other Federal agency to use the personnel, services, or facilities of 
such agency on a reimbursable or nonreimbursable basis, to assist in 
carrying out the purposes and policies of this title.
    ``(f) Authority To Obtain Grants.--Notwithstanding any other 
provision of law that prohibits a Federal agency from receiving 
assistance, the Secretary may apply for, accept, and use grants from 
other Federal agencies, States, local governments, regional agencies, 
interstate agencies, foundations, or other persons, to carry out the 
purposes and policies of this title.''.

SEC. 113. CHANGES IN PROVISIONS CONCERNING DESTRUCTION, LOSS, OR 
              INJURY.

    (a) Venue for Civil Actions.--Section 312(c) (16 U.S.C. 1443(c)) is 
amended--
            (1) by inserting ``(1)'' before ``The Attorney General'';
            (2) in paragraph (1) (as so designated) in the first 
        sentence by striking ``in the United States district court for 
        the appropriate district''; and
            (3) by adding at the end the following:
    ``(2) An action under this subsection may be brought in the United 
States district court for any district in which--
            ``(A) the defendant is located, resides, or is doing 
        business, in the case of an action against a person;
            ``(B) the vessel is located, in the case of an action 
        against a vessel; or
            ``(C) the destruction of, loss of, or injury to a sanctuary 
        resource occurred.''.
    (b) Use of Recovered Amounts.--Section 312(d) (16 U.S.C. 1443(d)) 
is amended by striking paragraphs (1) and (2) and inserting the 
following:
            ``(1) Response costs.--Amounts recovered by the United 
        States for costs of response actions and damage assessments 
        under this section shall be used, as the Secretary considers 
        appropriate--
                    ``(A) to reimburse the Secretary or any other 
                Federal or State agency that conducted those 
                activities; and
                    ``(B) after reimbursement of such costs, to 
                restore, replace, or acquire the equivalent of any 
                sanctuary resource.
            ``(2) Other amounts.--All other amounts recovered shall be 
        used, in order of priority--
                    ``(A) to restore, replace, or acquire the 
                equivalent of the sanctuary resources that were the 
                subject of the action, including for costs of 
                monitoring and the costs of curation and conservation 
                of archaeological, historical, and cultural sanctuary 
                resources;
                    ``(B) to restore degraded sanctuary resources of 
                the national marine sanctuary that was the subject of 
                the action, giving priority to sanctuary resources and 
                habitats that are comparable to the sanctuary resources 
                that were the subject of the action; and
                    ``(C) to restore degraded sanctuary resources of 
                other national marine sanctuaries.''.
    (c) Statute of Limitations.--Section 312 (16 U.S.C. 1443) is 
amended by adding at the end the following:
    ``(e) Statute of Limitations.--An action for response costs or 
damages under subsection (c) shall be barred unless the complaint is 
filed within 3 years after the date on which the Secretary completes a 
damage assessment and restoration plan for the sanctuary resources to 
which the action relates.''.

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

    Section 313 (16 U.S.C. 1444) is amended to read as follows:

``SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary--
            ``(1) to carry out this title--
                    ``(A) $34,000,000 for fiscal year 2001;
                    ``(B) $36,000,000 for fiscal year 2002;
                    ``(C) $38,000,000 for fiscal year 2003;
                    ``(D) $40,000,000 for fiscal year 2004; and
                    ``(E) $42,000,000 for fiscal year 2005; and
            ``(2) for construction projects at national marine 
        sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 
        2003, 2004, and 2005.''.

SEC. 115. CHANGES IN U.S.S. MONITOR PROVISIONS.

    Section 314 (16 U.S.C. 1445) is amended by striking subsection (b) 
and redesignating subsection (c) as subsection (b).

SEC. 116. CHANGES IN ADVISORY COUNCIL PROVISIONS.

    Section 315 (16 U.S.C. 1445a) is amended by striking ``provide 
assistance'' in subsection (a) and inserting ``advise and make 
recommendations''.

SEC. 117. CHANGES IN THE SUPPORT ENHANCEMENT PROVISIONS.

    Section 316 (16 U.S.C. 1445b) is amended--
            (1) in subsection (a)(1), by inserting ``or the System'' 
        after ``sanctuaries'';
            (2) in subsection (a)(4) by striking ``use of any symbol 
        published under paragraph (1)'' and inserting ``manufacture, 
        reproduction, or other use of any symbol published under 
        paragraph (1), including the sale of items bearing such a 
        symbol,'';
            (3) by amending subsection (e)(3) to read as follows:
            ``(3) to manufacture, reproduce, or otherwise use any 
        symbol adopted by the Secretary under subsection (a)(1), 
        including to sell any item bearing such a symbol, unless 
        authorized by the Secretary under subsection (a)(4) or 
        subsection (f); or''; and
            (4) by adding at the end the following:
    ``(f) Collaborations.--The Secretary may authorize the use of a 
symbol adopted by the Secretary under subsection (a)(1) by any person 
engaged in a collaborative effort with the Secretary to carry out the 
purposes and policies of this title and to benefit a national marine 
sanctuary or the System.
    ``(g) Authorization for Non-Profit Partner Organization To Solicit 
Sponsors.--
            ``(1) In general.--The Secretary may enter into an 
        agreement with a nonprofit partner organization authorizing it 
        to assist in the administration of the sponsorship program 
        established under this section. Under an agreement entered into 
        under this paragraph, the Secretary may authorize the non-
        profit partner organization to solicit persons to be official 
        sponsors of the national marine sanctuary system or of 
        individual national marine sanctuaries, upon such terms as the 
        Secretary deems reasonable and will contribute to the 
        successful administration of the sanctuary system. The 
        Secretary may also authorize the non-profit partner 
        organization to collect the statutory contribution from the 
        sponsor, and transfer the contribution to the Secretary.
            ``(2) Partner organization defined.--In this subsection, 
        the term `partner organization' means an organization that--
                    ``(A) draws its membership from individuals, 
                private organizations, corporations, academic 
                institutions, or State and local governments; and
                    ``(B) is established to promote the understanding 
                of, education relating to, and the conservation of the 
                resources of a particular sanctuary or two or more 
                related sanctuaries.''.

SEC. 118. ESTABLISHMENT OF DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

    The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is 
amended by redesignating section 317 as section 318, and by inserting 
after section 316 the following:

``SEC. 317. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

    ``(a) Establishment.--The Secretary shall establish and administer 
through the National Ocean Service the Dr. Nancy Foster Scholarship 
Program. Under the program, the Secretary shall award graduate 
education scholarships in oceanography, marine biology or maritime 
archaeology, to be known as Dr. Nancy Foster Scholarships.
    ``(b) Purpose.--The purpose of the Dr. Nancy Foster Scholarship 
Program is to encourage outstanding scholarship and independent 
graduate level research in oceanography, marine biology or maritime 
archaeology, particularly by women and members of minority groups.
    ``(c) Award.--Each Dr. Nancy Foster Scholarship--
            ``(1) shall be used to support graduate studies in 
        oceanography, marine biology or maritime archaeology at a 
        graduate level institution of higher education; and
            ``(2) shall be awarded in accordance with guidelines issued 
        by the Secretary.
    ``(d) Distribution of Funds.--The amount of each Dr. Nancy Foster 
Scholarship shall be provided directly to a recipient selected by the 
Secretary upon receipt of certification that the recipient will adhere 
to a specific and detailed plan of study and research approved by a 
graduate level institution of higher education.
    ``(e) Funding.--Of the amount available each fiscal year to carry 
out this title, the Secretary shall award 1 percent as Dr. Nancy Foster 
Scholarships.
    ``(f) Scholarship Repayment Requirement.--The Secretary shall 
require an individual receiving a scholarship under this section to 
repay the full amount of the scholarship to the Secretary if the 
Secretary determines that the individual, in obtaining or using the 
scholarship, engaged in fraudulent conduct or failed to comply with any 
term or condition of the scholarship.
    ``(g) Maritime Archaeology Defined.--In this section the term 
`maritime archaeology' includes the curation, preservation, and display 
of maritime artifacts.''.

SEC. 119. CLERICAL AMENDMENTS.

    (a) Correction of References to Former Committee.--The following 
provisions are amended by striking ``Merchant Marine and Fisheries'' 
and inserting ``Resources'':
            (1) Section 303(b)(2)(A) (16 U.S.C. 1433(b)(2)(A)).
            (2) Section 304(a)(6) (16 U.S.C. 1434(a)(6)).
    (b) Correction of Reference to Renamed Act.--(1) Section 302(2) is 
amended to read as follows:
            ``(2) `Magnuson-Stevens Act' means the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.);''.
    (2) Section 302(9) is amended by striking ``Magnuson Fishery 
Conservation and Management Act'' and inserting ``Magnuson-Stevens 
Act''.
    (3) Section 303(b)(2)(D) is amended by striking ``Magnuson Act'' 
and inserting ``Magnuson-Stevens Act''.
    (4) Section 304(a)(5) is amended by striking ``Magnuson Act'' and 
inserting ``Magnuson-Stevens Act''.
    (5) Section 315(b)(2) (16 U.S.C. 1445a(b)(2)) is amended by 
striking ``Magnuson Fishery Conservation and Management Act'' and 
inserting ``Magnuson-Stevens Act''.
    (c) Miscellaneous.--Section 312(a)(1) (16 U.S.C. 1443(a)(1)) is 
amended by striking ``United States'' and inserting ``united states''.

        TITLE II--MISCELLANEOUS FISHERY STATUTE REAUTHORIZATIONS

SEC. 201. MARINE FISH PROGRAM.

    (a) Fisheries Information Collection and Analysis.--There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out 
fisheries information and analysis activities under the Fish and 
Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other law 
involving those activities, $52,890,000 for fiscal year 2001, and 
$53,435,000 for each of the fiscal years 2002, 2003, and 2004. Such 
activities may include, but are not limited to, the collection, 
analysis, and dissemination of scientific information necessary for the 
management of living marine resources and associated marine habitat.
    (b) Fisheries Conservation and Management Operations.--There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out 
activities relating to fisheries conservation and management operations 
under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and 
any other law involving those activities, $30,770,000 for fiscal year 
2001, and $31,641,000 for each of the fiscal years 2002, 2003, and 
2004. Such activities may include, but are not limited to, development, 
implementation, and enforcement of conservation and management measures 
to achieve continued optimum use of living marine resources, hatchery 
operations, habitat conservation, and protected species management.
    (c) Fisheries State and Industry Cooperative Programs.--There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out State 
and industry cooperative programs under the Fish and Wildlife Act of 
1956 (16 U.S.C. 742a et seq.) and any other law involving those 
activities, $28,520,000 for fiscal year 2001, and $28,814,000 for each 
of the fiscal years 2002, 2003, and 2004. These activities include, but 
are not limited to, ensuring the quality and safety of seafood products 
and providing grants to States for improving the management of 
interstate fisheries.
    (d) Relation to Other Laws.--Authorizations under this section 
shall be in addition to monies authorized under the Magnuson-Stevens 
Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et 
seq.), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 3301 et seq.), the 
Anadromous Fish Conservation Act (16 U.S.C. 757 et seq.), and the 
Interjurisdictional Fisheries Act (16 U.S.C. 4107 et seq.).

SEC. 202. INTERJURISDICTIONAL FISHERIES ACT OF 1986 AMENDMENTS.

    Section 308 of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) General Appropriations.--There are authorized to be 
appropriated to the Department of Commerce for apportionment to carry 
out the purposes of this title--
            ``(1) $4,900,000 for fiscal year 2001; and
            ``(2) $5,400,000 for each of the fiscal years 2002, 2003, 
        and 2004.''; and
            (2) in subsection (c) by striking ``$700,000 for fiscal 
        year 1997, and $750,000 for each of the fiscal years 1998, 
        1999, and 2000'' and inserting ``$800,000 for fiscal year 2001, 
        and $850,000 for each of the fiscal years 2002, 2003, and 
        2004''.

SEC. 203. ANADROMOUS FISHERIES AMENDMENTS.

    Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d) 
is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 4. (a)(1) There are authorized to be appropriated to carry 
out the purposes of this Act not to exceed the following sums:
            ``(A) $4,500,000 for fiscal year 2001; and
            ``(B) $4,750,000 for each of fiscal years 2002, 2003, and 
        2004.
    ``(2) Sums appropriated under this subsection are authorized to 
remain available until expended.
    ``(b) Not more than $625,000 of the funds appropriated under this 
section in any one fiscal year shall be obligated in any one State.''.

                  TITLE III--REIMBURSEMENT OF EXPENSES

SEC. 301. 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.

   TITLE IV--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
                         PROTECTIVE ACT OF 1967

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Fishermen's Protective Act 
Amendments of 2000''.

SEC. 402. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
              PROTECTIVE ACT OF 1967.

    (a) In General.--Section 7(e) of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1977(e)) is amended by striking ``2000'' and inserting 
``2003''.
    (b) Clerical Amendment.--Section 7(a)(3) of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1977(a)(3)) is amended by striking 
``Secretary of the Interior'' and inserting ``Secretary of Commerce''.

                      TITLE V--YUKON RIVER SALMON

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Yukon River Salmon Act of 2000''.

SEC. 502. YUKON RIVER SALMON PANEL.

    (a) Establishment.--
            (1) In general.--There shall be a Yukon River Salmon Panel 
        (in this title referred to as the ``Panel'').
            (2) Functions.--The Panel shall--
                    (A) advise the Secretary of State regarding the 
                negotiation of any international agreement with Canada 
                relating to management of salmon stocks originating 
                from the Yukon River in Canada;
                    (B) advise the Secretary of the Interior regarding 
                restoration and enhancement of such salmon stocks; and
                    (C) perform other functions relating to 
                conservation and management of such salmon stocks as 
                authorized by this title or any other law.
            (3) Designation as united states representatives on 
        bilateral body.--The Secretary of State may designate the 
        members of the Panel to be the United States representatives on 
        any successor to the panel established by the interim agreement 
        for the conservation of salmon stocks originating from the 
        Yukon River in Canada agreed to through an exchange of notes 
        between the Government of the United States and the Government 
        of Canada on February 3, 1995, if authorized by any agreement 
        establishing such successor.
    (b) Membership.--
            (1) In general.--The Panel shall be comprised of six 
        members, as follows:
                    (A) One member who is an official of the United 
                States Government with expertise in salmon conservation 
                and management, who shall be appointed by the Secretary 
                of State.
                    (B) One member who is an official of the State of 
                Alaska with expertise in salmon conservation and 
                management, who shall be appointed by the Governor of 
                Alaska.
                    (C) Four members who are knowledgeable and 
                experienced with regard to the salmon fisheries on the 
                Yukon River, who shall be appointed by the Secretary of 
                State.
            (2) Appointees from alaska.--(A) The Secretary of State 
        shall appoint the members under paragraph (1)(C) from a list of 
        at least three individuals nominated for each position by the 
        Governor of Alaska.
            (B) In making the nominations, the Governor of Alaska may 
        consider suggestions for nominations provided by organizations 
        with expertise in Yukon River salmon fisheries.
            (C) The Governor of Alaska may make appropriate nominations 
        to allow for appointment of, and the Secretary of State shall 
        appoint, under paragraph (1)(C)--
                    (i) at least one member who is qualified to 
                represent the interests of Lower Yukon River fishing 
                districts; and
                    (ii) at least one member who is qualified to 
                represent the interests of Upper Yukon River fishing 
                districts.
            (D) At least one of the members appointed under paragraph 
        (1)(C) shall be an Alaska Native.
            (3) Alternates.--(A) The Secretary of State may designate 
        an alternate Panel member for each Panel member the Secretary 
        appoints under paragraphs (1)(A) and (C), who meets the same 
        qualifications, to serve in the absence of the Panel member.
            (B) The Governor of the State of Alaska may designate an 
        alternative Panel member for the Panel member appointed under 
        paragraph (1)(B), who meets the same qualifications, to serve 
        in the absence of that Panel member.
    (c) Term Length.--Panel members and alternate Panel members shall 
serve four-year terms. Any individual appointed to fill a vacancy 
occurring before the expiration of any term shall be appointed for the 
remainder of that term.
    (d) Reappointment.--Panel members and alternate Panel members shall 
be eligible for reappointment.
    (e) Decisions.--Decisions of the Panel shall be made by the 
consensus of the Panel members appointed under subparagraphs (B) and 
(C) of subsection (b)(1).
    (f) Consultation.--In carrying out their functions, Panel members 
may consult with such other interested parties as they consider 
appropriate.

SEC. 503. ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may establish and appoint 
an advisory committee (in this title referred to as the ``advisory 
committee'') of not less than eight, but not more than 12, individuals 
who are knowledgeable and experienced with regard to the salmon 
fisheries on the Yukon River. At least two of the advisory committee 
members shall be Alaska Natives. Members of the advisory committee may 
attend all meetings of the Panel, and shall be given the opportunity to 
examine and be heard on any matter under consideration by the Panel.
    (b) Compensation.--The members of such advisory committee shall 
receive no compensation for their services.
    (c) Term Length.--Members of such advisory committee shall serve 
two-year terms. Any individual appointed to fill a vacancy occurring 
before the expiration of any term shall be appointed for the remainder 
of that term.
    (d) Reappointment.--Members of such advisory committee shall be 
eligible for reappointment.

SEC. 504. EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Panel or to the advisory committee.

SEC. 505. AUTHORITY AND RESPONSIBILITY.

    (a) Responsible Management Entity.--The State of Alaska Department 
of Fish and Game shall be the responsible management entity for the 
United States for the purposes of any agreement with Canada regarding 
management of salmon stocks originating from the Yukon River in Canada.
    (b) Effect of Designation.--The designation under subsection (a) 
shall not be considered to expand, diminish, or otherwise change the 
management authority of the State of Alaska or the Federal Government 
with respect to fishery resources.
    (c) Recommendations of Panel.--In addition to recommendations made 
by the Panel to the responsible management entities in accordance with 
any agreement with Canada regarding management of salmon stocks 
originating from the Yukon River in Canada, the Panel may make 
recommendations concerning the conservation and management of salmon 
originating in the Yukon River to the Department of the Interior, the 
Department of Commerce, the Department of State, the North Pacific 
Fishery Management Council, and other Federal or State entities as 
appropriate. Recommendations by the Panel shall be advisory in nature.

SEC. 506. ADMINISTRATIVE MATTERS.

    (a) Compensation.--Panel members and alternate Panel members who 
are not State or Federal employees shall receive compensation at the 
daily rate of GS-15 of the General Schedule when engaged in the actual 
performance of duties.
    (b) Travel and Other Necessary Expenses.--Travel and other 
necessary expenses shall be paid by the Secretary of the Interior for 
all Panel members, alternate Panel members, and members of the advisory 
committee when such members are engaged in the actual performance of 
duties for the Panel or advisory committee.
    (c) Treatment as Federal Employees.--Except for officials of the 
United States Government, all Panel members, alternate Panel members, 
and members of the advisory committee shall not be considered to be 
Federal employees while engaged in the actual performance of duties, 
except for the purposes of injury compensation or tort claims liability 
as provided in chapter 81 of title 5, United States Code, and chapter 
71 of title 28, United States Code.

SEC. 507. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT 
              PROJECTS.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Secretary of Commerce, may carry out projects to restore or 
enhance salmon stocks originating from the Yukon River in Canada and 
the United States.
    (b) Cooperation With Canada.--If there is in effect an agreement 
between the Government of the United States and the Government of 
Canada for the conservation of salmon stocks originating from the Yukon 
River in Canada that includes provisions governing projects authorized 
under this section, then--
            (1) projects under this section shall be carried out in 
        accordance with that agreement; and
            (2) amounts available for projects under this section--
                    (A) shall be expended in accordance with the 
                agreement; and
                    (B) may be deposited in any joint account 
                established by the agreement to fund such projects.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of the 
Interior to carry out this title $4,000,000 for each of fiscal years 
2000, 2001, 2002, and 2003, of which--
            (1) such sums as are necessary shall be available each 
        fiscal year for travel expenses of Panel members, alternate 
        Panel members, United States members of the Joint Technical 
        Committee established by paragraph C.2 of the memorandum of 
        understanding concerning the Pacific Salmon Treaty between the 
        Government of the United States and the Government of Canada 
        (recorded January 28, 1985), and members of the advisory 
        committee, in accordance with Federal Travel Regulations and 
        sections 5701, 5702, 5704 through 5708, and 5731 of title 5, 
        United States Code;
            (2) such sums as are necessary shall be available for the 
        United States share of expenses incurred by the Joint Technical 
        Committee and any panel established by any agreement between 
        the Government of the United States and the Government of 
        Canada for restoration and enhancement of salmon originating in 
        Canada;
            (3) up to $3,000,000 shall be available each fiscal year 
        for activities by the Department of the Interior and the 
        Department of Commerce for survey, restoration, and enhancement 
        activities related to salmon stocks originating from the Yukon 
        River in Canada, of which up to $1,200,000 shall be available 
        each fiscal year for Yukon River salmon stock restoration and 
        enhancement projects under section 507(b); and
            (4) $600,000 shall be available each fiscal year for 
        cooperative salmon research and management projects in the 
        portion of the Yukon River drainage located in the United 
        States that are recommended by the Panel.

               TITLE VI--FISHERY INFORMATION ACQUISITION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Fisheries Survey Vessel 
Authorization Act of 2000''.

SEC. 602. ACQUISITION OF FISHERY SURVEY VESSELS.

    (a) In General.--The Secretary of Commerce, subject to the 
availability of appropriations, may in accordance with this section 
acquire, by purchase, lease, lease-purchase, or charter, and equip up 
to six fishery survey vessels in accordance with this section.
    (b) Vessel Requirements.--Any vessel acquired and equipped under 
this section must--
            (1) be capable of--
                    (A) staying at sea continuously for at least 30 
                days;
                    (B) conducting fishery population surveys using 
                hydroacoustic, longlining, deep water, and pelagic 
                trawls, and other necessary survey techniques; and
                    (C) conducting other work necessary to provide 
                fishery managers with the accurate and timely data 
                needed to prepare and implement fishery management 
                plans; and
            (2) have a hull that meets the International Council for 
        Exploration of the Sea standard regarding acoustic quietness.
    (c) Fisheries Research Vessel Procurement.--Notwithstanding section 
644 of title 15, United States Code, and section 19.502-2 of title 48, 
Code of Federal Regulations, the Secretary of Commerce shall seek to 
procure Fisheries Research Vessels through full and open competition 
from responsible United States shipbuilding companies irrespective of 
size.
    (d) Authorization.--To carry out this section there are authorized 
to be appropriated to the Secretary of Commerce $60,000,000 for each of 
fiscal years 2002 and 2003.

                 TITLE VII--ATLANTIC COASTAL FISHERIES

             Subtitle A--Atlantic Striped Bass Conservation

SEC. 701. 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. 702. 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 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. 703. SHORT TITLE.

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

SEC. 704. 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 title, 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 
        title. Each biennial report shall evaluate the success of such 
        assistance in implementing this title.

                  TITLE VIII--PACIFIC SALMON RECOVERY

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Pacific Salmon Recovery Act''.

SEC. 802. SALMON CONSERVATION AND SALMON HABITAT RESTORATION 
              ASSISTANCE.

    (a) Requirement To Provide Assistance.--Subject to the availability 
of appropriations, the Secretary of Commerce shall provide financial 
assistance in accordance with this title to qualified States and 
qualified tribal governments for salmon conservation and salmon habitat 
restoration activities.
    (b) Allocation.--Of the amounts available to provide assistance 
under this section each fiscal year (after the application of section 
803(g)), the Secretary--
            (1) shall allocate 85 percent among qualified States, in 
        equal amounts; and
            (2) shall allocate 15 percent among qualified tribal 
        governments, in amounts determined by the Secretary.
    (c) Transfer.--
            (1) In general.--The Secretary shall promptly transfer in a 
        lump sum--
                    (A) to a qualified State that has submitted a 
                Conservation and Restoration Plan under section 803(a) 
                amounts allocated to the qualified State under 
                subsection (b)(1) of this section, unless the Secretary 
                determines, within 30 days after the submittal of the 
                plan to the Secretary, that the plan is inconsistent 
                with the requirements of this title; and
                    (B) to a qualified tribal government that has 
                entered into a memorandum of understanding with the 
                Secretary under section 803(b) amounts allocated to the 
                qualified tribal government under subsection (b)(2) of 
                this section.
            (2) Transfers to qualified states.--The Secretary shall 
        make the transfer under paragraph (1)(A)--
                    (A) to the Washington State Salmon Recovery Board, 
                in the case of amounts allocated to Washington;
                    (B) to the Oregon State Watershed Enhancement 
                Board, in the case of amounts allocated to Oregon;
                    (C) to the California Department of Fish and Game 
                for the California Coastal Salmon Recovery Program, in 
                the case of amounts allocated to California;
                    (D) to the Governor of Alaska, in the case of 
                amounts allocated to Alaska; and
                    (E) to the Office of Species Conservation, in the 
                case of amounts allocated to Idaho.
    (d) Reallocation.--
            (1) Amounts allocated to qualified states.--Amounts that 
        are allocated to a qualified State for a fiscal year shall be 
        reallocated under subsection (b)(1) among the other qualified 
        States, if--
                    (A) the qualified State has not submitted a plan in 
                accordance with section 803(a) as of the end of the 
                fiscal year; or
                    (B) the amounts remain unobligated at the end of 
                the subsequent fiscal year.
            (2) Amounts allocated to qualified tribal governments.--
        Amounts that are allocated to a qualified tribal government for 
        a fiscal year shall be reallocated under subsection (b)(2) 
        among the other qualified tribal governments, if the qualified 
        tribal government has not entered into a memorandum of 
        understanding with the Secretary in accordance with section 
        803(b) as of the end of the fiscal year.

SEC. 803. RECEIPT AND USE OF ASSISTANCE.

    (a) Qualified State Salmon Conservation and Restoration Plan.--
            (1) In general.--To receive assistance under this title, a 
        qualified State shall develop and submit to the Secretary a 
        Salmon Conservation and Salmon Habitat Restoration Plan.
            (2) Contents.--Each Salmon Conservation and Salmon 
        Restoration Plan shall, at a minimum--
                    (A) be consistent with other applicable Federal 
                laws;
                    (B) be consistent with the goal of salmon recovery;
                    (C) except as provided in subparagraph (D), give 
                priority to use of assistance under this section for 
                projects that--
                            (i) provide a direct and demonstrable 
                        benefit to salmon or their habitat;
                            (ii) provide the greatest benefit to salmon 
                        conservation and salmon habitat restoration 
                        relative to the cost of the projects; and
                            (iii) conserve, and restore habitat, for--
                                    (I) salmon that are listed as 
                                endangered species or threatened 
                                species, proposed for such listing, or 
                                candidates for such listing, under the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.); or
                                    (II) salmon that are given special 
                                protection under the laws or 
                                regulations of the qualified State;
                    (D) in the case of a plan submitted by a qualified 
                State in which, as of the date of the enactment of this 
                Act, there is no area at which a salmon species 
                referred to in subparagraph (C)(iii)(I) spawns--
                            (i) give priority to use of assistance for 
                        projects referred to in subparagraph (C)(i) and 
                        (ii) that contribute to proactive programs to 
                        conserve and enhance species of salmon that 
                        intermingle with, or are otherwise related to, 
                        species referred to in subparagraph 
                        (C)(iii)(I), which may include (among other 
                        matters)--
                                    (I) salmon-related research, data 
                                collection, and monitoring;
                                    (II) salmon supplementation and 
                                enhancement;
                                    (III) salmon habitat restoration;
                                    (IV) increasing economic 
                                opportunities for salmon fishermen; and
                                    (V) national and international 
                                cooperative habitat programs; and
                            (ii) provide for revision of the plan 
                        within one year after any date on which any 
                        salmon species that spawns in the qualified 
                        State is listed as an endangered species or 
                        threatened species, proposed for such listing, 
                        or a candidate for such listing, under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.);
                    (E) establish specific goals and timelines for 
                activities funded with such assistance;
                    (F) include measurable criteria by which such 
                activities may be evaluated;
                    (G) require that activities carried out with such 
                assistance shall--
                            (i) be scientifically based;
                            (ii) be cost effective;
                            (iii) not be conducted on private land 
                        except with the consent of the owner of the 
                        land; and
                            (iv) contribute to the conservation and 
                        recovery of salmon;
                    (H) require that the qualified State maintain its 
                aggregate expenditures of funds from non-Federal 
                sources for salmon habitat restoration programs at or 
                above the average level of such expenditures in the 2 
                fiscal years preceding the date of the enactment of 
                this Act; and
                    (I) ensure that activities funded under this title 
                are conducted in a manner in which, and in areas where, 
                the State has determined that they will have long-term 
                benefits.
            (3) Solicitation of comments.--In preparing a plan under 
        this subsection a qualified State shall seek comments on the 
        plan from local governments in the qualified State.
    (b) Tribal MOU With Secretary.--
            (1) In general.--To receive assistance under this title, a 
        qualified tribal government shall enter into a memorandum of 
        understanding with the Secretary regarding use of the 
        assistance.
            (2) Contents.--Each memorandum of understanding shall, at a 
        minimum--
                    (A) be consistent with other applicable Federal 
                laws;
                    (B) be consistent with the goal of salmon recovery;
                    (C) give priority to use of assistance under this 
                Act for activities that--
                            (i) provide a direct and demonstrable 
                        benefit to salmon or their habitat;
                            (ii) provide the greatest benefit to salmon 
                        conservation and salmon habitat restoration 
                        relative to the cost of the projects; and
                            (iii) conserve, and restore habitat, for--
                                    (I) salmon that are listed as 
                                endangered species or threatened 
                                species, proposed for such listing, or 
                                candidates for such listing, under the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.); or
                                    (II) salmon that are given special 
                                protection under the ordinances or 
                                regulations of the qualified tribal 
                                government;
                    (D) in the case of a memorandum of understanding 
                entered into by a qualified tribal government for an 
                area in which, as of the date of the enactment of this 
                Act, there is no area at which a salmon species that is 
                referred to in subparagraph (C)(iii)(I) spawns--
                            (i) give priority to use of assistance for 
                        projects referred to in subparagraph (C)(i) and 
                        (ii) that contribute to proactive programs 
                        described in subsection (a)(2)(D)(i);
                            (ii) include a requirement that the 
                        memorandum shall be revised within 1 year after 
                        any date on which any salmon species that 
                        spawns in the area is listed as an endangered 
                        species or threatened species, proposed for 
                        such listing, or a candidate for such listing, 
                        under the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                    (E) establish specific goals and timelines for 
                activities funded with such assistance;
                    (F) include measurable criteria by which such 
                activities may be evaluated;
                    (G) establish specific requirements for reporting 
                to the Secretary by the qualified tribal government;
                    (H) require that activities carried out with such 
                assistance shall--
                            (i) be scientifically based;
                            (ii) be cost effective;
                            (iii) not be conducted on private land 
                        except with the consent of the owner of the 
                        land; and
                            (iv) contribute to the conservation or 
                        recovery of salmon; and
                    (I) require that the qualified tribal government 
                maintain its aggregate expenditures of funds from non-
                Federal sources for salmon habitat restoration programs 
                at or above the average level of such expenditures in 
                the 2 fiscal years preceding the date of the enactment 
                of this Act.
    (c) Eligible Activities.--
            (1) In general.--Assistance under this title may be used by 
        a qualified State in accordance with a plan submitted by the 
        State under subsection (a), or by a qualified tribal government 
        in accordance with a memorandum of understanding entered into 
        by the government under subsection (b), to carry out or make 
        grants to carry out, among other activities, the following:
                    (A) Watershed evaluation, assessment, and planning 
                necessary to develop a site-specific and clearly 
                prioritized plan to implement watershed improvements, 
                including for making multi-year grants.
                    (B) Salmon-related research, data collection, and 
                monitoring, salmon supplementation and enhancement, and 
                salmon habitat restoration.
                    (C) Maintenance and monitoring of projects 
                completed with such assistance.
                    (D) Technical training and education projects, 
                including teaching private landowners about practical 
                means of improving land and water management practices 
                to contribute to the conservation and restoration of 
                salmon habitat.
                    (E) Other activities related to salmon conservation 
                and salmon habitat restoration.
            (2) Use for local and regional projects.--Funds allocated 
        to qualified States under this title shall be used for local 
        and regional projects.
    (d) Use of Assistance for Activities Outside of Jurisdiction of 
Recipient.--Assistance under this section provided to a qualified State 
or qualified tribal government may be used for activities conducted 
outside the areas under its jurisdiction if the activity will provide 
conservation benefits to naturally produced salmon in streams of 
concern to the qualified State or qualified tribal government, 
respectively.
    (e) Cost Sharing by Qualified States.--
            (1) In general.--A qualified State shall match, in the 
        aggregate, the amount of any financial assistance provided to 
        the qualified State for a fiscal year under this title, in the 
        form of monetary contributions or in-kind contributions of 
        services for projects carried out with such assistance. For 
        purposes of this paragraph, monetary contributions by the State 
        shall not be considered to include funds received from other 
        Federal sources.
            (2) Limitation on requiring matching for each project.--The 
        Secretary may not require a qualified State to provide matching 
        funds for each project carried out with assistance under this 
        title.
            (3) Treatment of monetary contributions.--For purposes of 
        subsection (a)(2)(H), the amount of monetary contributions by a 
        qualified State under this subsection shall be treated as 
        expenditures from non-Federal sources for salmon conservation 
        and salmon habitat restoration programs.
    (f) Coordination of Activities.--
            (1) In general.--Each qualified State and each qualified 
        tribal government receiving assistance under this title is 
        encouraged to carefully coordinate salmon conservation 
        activities of its agencies to eliminate duplicative and 
        overlapping activities.
            (2) Consultation.--Each qualified State and qualified 
        tribal government receiving assistance under this title shall 
        consult with the Secretary to ensure there is no duplication in 
        projects funded under this title.
    (g) Limitation on Administrative Expenses.--
            (1) Federal administrative expenses.--Of the amount made 
        available under this title each fiscal year, not more than 1 
        percent may be used by the Secretary for administrative 
        expenses incurred in carrying out this title.
            (2) State and tribal administrative expenses.--Of the 
        amount allocated under this title to a qualified State or 
        qualified tribal government each fiscal year, not more than 3 
        percent may be used by the qualified State or qualified tribal 
        government, respectively, for administrative expenses incurred 
        in carrying out this title.

SEC. 804. PUBLIC PARTICIPATION.

    (a) Qualified State Governments.--Each qualified State seeking 
assistance under this title shall establish a citizens advisory 
committee or provide another similar forum for local governments and 
the public to participate in obtaining and using the assistance.
    (b) Qualified Tribal Governments.--Each qualified tribal government 
receiving assistance under this title shall hold public meetings to 
receive recommendations on the use of the assistance.

SEC. 805. CONSULTATION NOT REQUIRED.

    Consultation under section 7 of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) shall not be required based solely on the 
provision of financial assistance under this title.

SEC. 806. REPORTS.

    (a) Qualified States.--Each qualified State shall, by not later 
than December 31 of each year, submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives an annual report on the use 
of financial assistance received by the qualified State under this 
title. The report shall contain an evaluation of the success of this 
title in meeting the criteria listed in section 803(a)(2).
    (b) Secretary.--
            (1) Annual report regarding qualified tribal governments.--
        The Secretary shall, by not later than December 31 of each 
        year, submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Resources of 
        the House of Representatives an annual report on the use of 
        financial assistance received by qualified tribal governments 
        under this title. The report shall contain an evaluation of the 
        success of this Act in meeting the criteria listed in section 
        803(b)(2).
            (2) Biannual report.--The Secretary shall, by not later 
        than December 31 of the second year in which amounts are 
        available to carry out this title, and of every second year 
        thereafter, submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Resources of 
        the House of Representatives a biannual report on the use of 
        funds allocated to qualified States under this title. The 
        report shall review programs funded by the States and evaluate 
        the success of this title in meeting the criteria listed in 
        section 803(a)(2).

SEC. 807. DEFINITIONS.

    In this title:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Qualified state.--The term ``qualified State'' means 
        each of the States of Alaska, Washington, Oregon, California, 
        and Idaho.
            (3) Qualified tribal government.--The term ``qualified 
        tribal government'' means--
                    (A) a tribal government of an Indian tribe in 
                Washington, Oregon, California, or Idaho that the 
                Secretary of Commerce, in consultation with the 
                Secretary of the Interior, determines--
                            (i) is involved in salmon management and 
                        recovery activities under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.); 
                        and
                            (ii) has the management and organizational 
                        capability to maximize the benefits of 
                        assistance provided under this title; and
                    (B) a regional or village corporation as defined in 
                or established pursuant to the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.) that the 
                Secretary of Commerce, in consultation with the 
                Secretary of the Interior, determines--
                            (i) is involved in salmon conservation and 
                        management; and
                            (ii) has the management and organizational 
                        capability to maximize the benefits of 
                        assistance provided under this title.
            (4) Salmon.--The term ``salmon'' means any naturally 
        produced salmon or naturally produced trout of the following 
        species:
                    (A) Coho salmon (oncorhynchus kisutch).
                    (B) Chinook salmon (oncorhynchus tshawytscha).
                    (C) Chum salmon (oncorhynchus keta).
                    (D) Pink salmon (oncorhynchus gorbuscha).
                    (E) Sockeye salmon (oncorhynchus nerka).
                    (F) Steelhead trout (oncorhynchus mykiss).
                    (G) Sea-run cutthroat trout (oncorhynchus clarki 
                clarki).
                    (H) For purposes of application of this title in 
                Oregon--
                            (i) Lahontan cutthroat trout (oncorhnychus 
                        clarki henshawi); and
                            (ii) Bull trout (salvelinus confluentus).
                    (I) For purposes of application of this title in 
                Washington and Idaho, Bull trout (salvelinus 
                confluentus).
            (5) Secretary.--The term Secretary means the Secretary of 
        Commerce.

SEC. 808. PACIFIC SALMON TREATY.

    (a) Transboundary Panel Representation.--
            (1) In general.--Section 3 of the Pacific Salmon Treaty Act 
        of 1985 (16 U.S.C. 3632) is amended by redesignating 
        subsections (f), (g), and (h) in order as subsections (g), (h), 
        and (i), and by inserting after subsection (e) the following:
    ``(f) Transboundary Panel.--The United States shall be represented 
on the transboundary Panel by seven Panel members, of whom--
            ``(1) one shall be an official of the United States 
        Government with salmon fishery management responsibility and 
        expertise;
            ``(2) one shall be an official of the State of Alaska with 
        salmon fishery management responsibility and expertise; and
            ``(3) five shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the transboundary 
        Panel is responsible.''.
            (2) Conforming amendments.--
                    (A) Subsection (g) of section 3 of the Pacific 
                Salmon Treaty Act of 1985 (16 U.S.C. 3632), as 
                redesignated by paragraph (1) of this subsection, is 
                amended--
                            (i) by striking ``and (e)(2)'' and 
                        inserting ``(e)(2), and (f)(2)'';
                            (ii) by striking ``and (e)(4)'' and 
                        inserting ``(e)(4), and (f)(3)''; and
                            (iii) by striking ``The appointing 
                        authorities listed above'' and inserting ``For 
                        the southern, northern, and Frazier River 
                        Panels, the appointing authorities listed 
                        above''.
                    (B) Subsection (h)(2) of section 3 the Pacific 
                Salmon Treaty Act of 1985 (16 U.S.C. 3632), as 
                redesignated by paragraph (1) of this subsection, is 
                amended by striking ``and southern'' and inserting ``, 
                southern, and transboundary''.
                    (C) Section 9 of the Pacific Salmon Treaty Act of 
                1985 (16 U.S.C. 3638) is amended by striking ``9(g)'' 
                and inserting ``9(h)''.
    (b) Compensation and Expenses for United States Representatives on 
Northern and Southern Fund Committees.--
            (1) Compensation.--Section 11 of the Pacific Salmon Treaty 
        Act of 1985 (16 U.S.C. 3640) is amended by redesignating 
        subsections (c) and (d) in order as subsections (d) and (e), 
        and by inserting after subsection (b) the following:
    ``(c) Compensation for Representatives on Northern Fund and 
Southern Fund Committees.--United States Representatives on the Pacific 
Salmon Treaty Northern Fund Committee and Southern Fund Committee who 
are not State or Federal employees shall receive compensation at the 
minimum daily rate of pay payable under section 5376 of title 5, United 
States Code, when engaged in the actual performance of duties for the 
United States Section or for the Commission.''.
            (2) Expenses.--Subsection (d) of such section, as so 
        redesignated, is amended by inserting ``members of the Northern 
        Fund Committee, members of the Southern Fund Committee,'' after 
        ``Joint Technical Committee,''.
            (3) Clerical Amendments.--
                    (A) In general.--Section 11 of the Pacific Salmon 
                Treaty Act of 1985 (16 U.S.C. 5332) is amended--
                            (i) in subsection (a) by striking ``at the 
                        daily rate of GS-18 of the General Schedule'' 
                        and inserting ``at the maximum daily rate of 
                        pay payable under section 5376 of title 5, 
                        United States Code,''; and
                            (ii) in subsection (b) by striking ``at the 
                        daily rate of GS-16 of the General Schedule'' 
                        and inserting ``at the minimum daily rate of 
                        pay payable under section 5376 of title 5, 
                        United States Code,''.
                    (B) Application.--The amendments made by 
                subparagraph (A) shall not apply to Commissioners, 
                Alternate Commissioners, Panel Members, and Alternate 
                Panel Members (as those terms are used in section 11 of 
                the Pacific Salmon Treaty Act of 1985) appointed before 
                the effective date of this subsection.
    (c) Authorization of Appropriations.--
            (1) Clerical amendment.--Section 623 of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2000, as enacted by section 
        1000(a)(1), Division B of Public Law 106-113 (16 U.S.C. 3645) 
        is redesignated and moved so as to be section 16 of the Pacific 
        Salmon Treaty Act of 1985.
            (2) Authorization of appropriations.--Subsection (d) of 
        such section is amended to read as follows:
    ``(d) Authorization of Appropriations.--For capitalizing the 
Northern Fund and Southern Fund established under the 1999 Pacific 
Salmon Treaty Agreement and related agreements, there are authorized to 
be appropriated a total of $75,000,000 for the Northern Fund and a 
total of $65,000,000 for the Southern Fund for fiscal years 2000, 2001, 
2002, and 2003, for the implementation of those agreements.''.

SEC. 809. TREATMENT OF INTERNATIONAL FISHERY COMMISSION PENSIONERS.

    For United States citizens who served as employees of the 
International Pacific Salmon Fisheries Commission and the International 
North Pacific Fisheries Commission (in this section referred to as the 
``Commissions'') and who worked in Canada in the course of employment 
with those commissions, the President shall--
            (1) calculate the difference in amount between the 
        valuation of the Commissions' annuity for each employee's 
        payment in United States currency and in Canadian currency for 
        past and future (as determined by an actuarial valuation) 
        annuity payments; and
            (2) out of existing funds available for this purpose, pay 
        each employee a lump-sum payment in the total amount determined 
        under paragraph (1) to compensate each employee for past and 
        future benefits resulting from the exchange rate inequity.

SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $200,000,000 for each of 
the fiscal years 2001, 2002, and 2003 to carry out this title. Funds 
appropriated under this section may remain until expended.

TITLE IX--MISCELLANEOUS TECHNICAL AMENDMENTS TO INTERNATIONAL FISHERIES 
                                  ACTS

SEC. 901. 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. 902. 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. 903. 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. 904. 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. 905. 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''.

                       TITLE X--PRIBILOF ISLANDS

SEC. 1001. SHORT TITLE.

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

SEC. 1002. 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. 1003. FUR SEAL ACT OF 1996 DEFINED.

    In this title, the term ``Fur Seal Act of 1966'' means Public Law 
89-702 (16 U.S.C. 1151 et seq.).

SEC. 1004. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR SEAL ACT 
              OF 1966.

    Section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) is amended 
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 authorized under section 
                5(b)(3)(B) of the Pribilof Islands Transition Act.
            ``(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 or award 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 the enactment of this paragraph, each of 
        the Cities of St. Paul and St. George shall enter into a 
        written agreement with the State of Alaska under which such 
        City shall identify by its legal boundaries the tract or tracts 
        of land that such City has selected as the site for its solid 
        waste management facility and any supporting infrastructure.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2001, 2002, 2003, 2004, 
and 2005--
            ``(1) for assistance under subsection (a) a total not to 
        exceed--
                    ``(A) $9,000,000, for grants to the City of St. 
                Paul;
                    ``(B) $6,300,000, for grants to the Tanadgusix 
                Corporation;
                    ``(C) $1,500,000, for grants to the St. Paul Tribal 
                Council;
                    ``(D) $6,000,000, for grants to the City of St. 
                George;
                    ``(E) $4,200,000, for grants to the St. George 
                Tanaq Corporation; and
                    ``(F) $1,000,000, for grants to the St. George 
                Tribal Council; and
            ``(2) for assistance under subsection (b), for fiscal years 
        2001, 2002, 2003, 2004, and 2005 a total not to exceed--
                    ``(A) $6,500,000 for the City of St. Paul; and
                    ``(B) $3,500,000 for the City of St. George.
    ``(d) Limitation on Use of Assistance for Lobbying Activities.--
None of the funds authorized by this section may be available 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. 1005. 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. 1006. 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. 1007. 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. 1008. 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 XI--SHARK FINNING

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Shark Finning Prohibition Act''.

SEC. 1102. PURPOSE.

    The purpose of this title is to eliminate shark-finning by 
addressing the problem comprehensively at both the national and 
international levels.

SEC. 1103. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK 
              CARCASS AT SEA.

    Section 307(1) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)) is amended--
            (1) by striking ``or' after the semicolon in subparagraph 
        (N);
            (2) by striking ``section 302(j)(7)(A).'' in subparagraph 
        (O) and inserting ``section 302(j)(7)(A); or''; and
            (3) by adding at the end the following:
                    ``(P)(i) to remove any of the fins of a shark 
                (including the tail) and discard the carcass of the 
                shark at sea;
                    ``(ii) to have custody, control, or possession of 
                any such fin aboard a fishing vessel without the 
                corresponding carcass; or
                    ``(iii) to land any such fin without the 
                corresponding carcass.
        ``For purposes of subparagraph (P) there is a rebuttable 
        presumption that any shark fins landed from a fishing vessel or 
        found on board a fishing vessel were taken, held, or landed in 
        violation of subparagraph (P) if the total weight of shark fins 
        landed or found on board exceeds 5 percent of the total weight 
        of shark carcasses landed or found on board.''.

SEC. 1104. REGULATIONS.

    No later than 180 days after the date of the enactment of this Act, 
the Secretary of Commerce shall promulgate regulations implementing the 
provisions of section 307(1)(P) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by 
section 1103 of this title.

SEC. 1105. INTERNATIONAL NEGOTIATIONS.

    The Secretary of Commerce, acting through the Secretary of State, 
shall--
            (1) initiate discussions as soon as possible for the 
        purpose of developing bilateral or multilateral agreements with 
        other nations for the prohibition on shark-finning;
            (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have persons 
        or companies engaged in shark-finning, for the purposes of--
                    (A) collecting information on the nature and extent 
                of shark-finning by such persons and the landing or 
                transshipment of shark fins through foreign ports; and
                    (B) entering into bilateral and multilateral 
                treaties with such countries to protect such species;
            (3) seek agreements calling for an international ban on 
        shark-finning and other fishing practices adversely affecting 
        these species through the United Nations, the Food and 
        Agriculture Organization's Committee on Fisheries, and 
        appropriate regional fishery management bodies;
            (4) initiate the amendment of any existing international 
        treaty for the protection and conservation of species of sharks 
        to which the United States is a party in order to make such 
        treaty consistent with the purposes and policies of this 
        section;
            (5) urge other governments involved in fishing for or 
        importation of shark or shark products to fulfill their 
        obligations to collect biological data, such as stock abundance 
        and by-catch levels, as well as trade data, on shark species as 
        called for in the 1995 Resolution on Cooperation with FAO with 
        Regard to study on the Status of Sharks and By-Catch of Shark 
        Species; and
            (6) urge other governments to prepare and submit their 
        respective National Plan of Action for the Conservation and 
        Management of Sharks to the 2001 session of the FAO Committee 
        on Fisheries, as set forth in the International Plan of Action 
        for the Conservation and Management of Sharks.

SEC. 1106. REPORT TO CONGRESS.

    The Secretary of Commerce, in consultation with the Secretary of 
State, shall provide to the Congress, by not later than 1 year after 
the date of the enactment of this Act, and every year thereafter, a 
report which--
            (1) includes a list that identifies nations whose vessels 
        conduct shark-finning and details the extent of the 
        international trade in shark fins, including estimates of value 
        and information on harvesting of shark fins, and landings or 
        transshipment of shark fins through foreign ports;
            (2) describes the efforts taken to carry out this title, 
        and evaluates the progress of those efforts;
            (3) sets forth a plan of action to adopt international 
        measures for the conservation of sharks; and
            (4) includes recommendations for measures to ensure that 
        United States actions are consistent with national, 
        international, and regional obligations relating to shark 
        populations, including those listed under the Convention on 
        International Trade in Endangered Species of Wild Flora and 
        Fauna.

SEC. 1107. RESEARCH.

    The Secretary of Commerce, subject to the availability of 
appropriations authorized by section 1110, shall establish a research 
program for Pacific and Atlantic sharks to engage in the following data 
collection and research:
            (1) The collection of data to support stock assessments of 
        shark populations subject to incidental or directed harvesting 
        by commercial vessels, giving priority to species according to 
        vulnerability of the species to fishing gear and fishing 
        mortality, and its population status.
            (2) Research to identify fishing gear and practices that 
        prevent or minimize incidental catch of sharks in commercial 
        and recreational fishing.
            (3) Research on fishing methods that will ensure maximum 
        likelihood of survival of captured sharks after release.
            (4) Research on methods for releasing sharks from fishing 
        gear that minimize risk of injury to fishing vessel operators 
        and crews.
            (5) Research on methods to maximize the utilization of, and 
        funding to develop the market for, sharks not taken in 
        violation of a fishing management plan approved under section 
        303 or of section 307(1)(P) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)).
            (6) Research on the nature and extent of the harvest of 
        sharks and shark fins by foreign fleets and the international 
        trade in shark fins and other shark products.

SEC. 1108. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH 
              PROGRAM.

    The National Marine Fisheries Service, in consultation with the 
Western Pacific Fisheries Management Council, shall initiate a 
cooperative research program with the commercial longlining industry to 
carry out activities consistent with this title, including research 
described in section 1107 of this title. The service may initiate such 
shark cooperative research programs upon the request of any other 
fishery management council.

SEC. 1109. SHARK-FINNING DEFINED.

    In this title, the term ``shark-finning'' means the taking of a 
shark, removing the fin or fins (whether or not including the tail) of 
a shark, and returning the remainder of the shark to the sea.

SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2001 through 2005 such sums as are necessary 
to carry out this title.

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

SEC. 1201. SHORT TITLE.

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

SEC. 1202. 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 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 designated stranding regions.
    ``(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; and
            ``(ii) data regarding average annual strandings and 
        mortality events per 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.
    ``(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. 1203. STUDY OF THE EASTERN GRAY WHALE POPULATION.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act and subject to the availability of appropriations, the 
Secretary of Commerce shall initiate a study of the environmental and 
biological factors responsible for the significant increase in 
mortality events of the eastern gray whale population.
    (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.

            Passed the House of Representatives October 23, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                               H. R. 5086

_______________________________________________________________________

                                 AN ACT

To amend the National Marine Sanctuaries Act of honor Dr. Nancy Foster, 
                        and for other purposes.