[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4075 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      December 6, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
4075) entitled ``An Act to amend the Marine Mammal Protection Act of 
1972 to provide for better understanding and protection of marine 
mammals, and for other purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Russia Polar Bear 
Conservation and Management Act of 2006''.

SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

    (a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) is amended by adding at the end thereof the 
following:

                         ``TITLE V--POLAR BEARS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Agreement.--The term ``Agreement'' means the 
        Agreement Between the Government of the United States of 
        America and the Government of the Russian Federation on the 
        Conservation and Management of the Alaska-Chukotka Polar Bear 
        Population, signed at Washington, D.C., on October 16, 2000.
            ``(2) Alaska nanuuq commission.--The term ``Alaska Nanuuq 
        Commission'' means the Alaska Native entity, in existence on 
        the date of enactment of the United States-Russia Polar Bear 
        Conservation and Management Act of 2006, that represents all 
        villages in the State of Alaska that engage in the annual 
        subsistence taking of polar bears from the Alaska-Chukotka 
        population and any successor entity.
            ``(3) Import.--The term ``import'' means to land on, bring 
        into, or introduce into, or attempt to land on, bring into, or 
        introduce into, any place subject to the jurisdiction of the 
        United States, without regard to whether the landing, bringing, 
        or introduction constitutes an importation within the meaning 
        of the customs laws of the United States.
            ``(4) Polar bear part or product.--The term ``part or 
        product of a polar bear'' means any polar bear part or product, 
        including the gall bile and gall bladder.
            ``(5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
            ``(6) Taking.--The term ``taking'' has the meaning given 
        the term in the Agreement.
            ``(7) Commission.--The term ``Commission'' means the 
        commission established under article 8 of the Agreement.

``SEC. 502. PROHIBITIONS.

    ``(a) In General.--It is unlawful for any person who is subject to 
the jurisdiction of the United States or any person in waters or on 
lands under the jurisdiction of the United States--
            ``(1) to take any polar bear in violation of the Agreement;
            ``(2) to take any polar bear in violation of the Agreement 
        or any annual taking limit or other restriction on the taking 
        of polar bears that is adopted by the Commission pursuant to 
        the Agreement;
            ``(3) to import, export, possess, transport, sell, receive, 
        acquire, or purchase, exchange, barter, or offer to sell, 
        purchase, exchange, or barter any polar bear, or any part or 
        product of a polar bear, that is taken in violation of 
        paragraph (2);
            ``(4) to import, export, sell, purchase, exchange, barter, 
        or offer to sell, purchase, exchange, or barter, any polar bear 
        gall bile or polar bear gall bladder;
            ``(5) to attempt to commit, solicit another person to 
        commit, or cause to be committed, any offense under this 
        subsection; or
            ``(6) to violate any regulation promulgated by the 
        Secretary to implement any of the prohibitions established in 
        this subsection.
    ``(b) Exceptions.--For the purpose of forensic testing or any other 
law enforcement purpose, the Secretary, and Federal law enforcement 
officials, and any State or local law enforcement official authorized 
by the Secretary, may import a polar bear or any part or product of a 
polar bear.

``SEC. 503. ADMINISTRATION.

    ``(a) In General.--The Secretary, acting through the Director of 
the United States Fish and Wildlife Service, shall do all things 
necessary and appropriate, including the promulgation of regulations, 
to implement, enforce, and administer the provisions of the Agreement 
on behalf of the United States. The Secretary shall consult with the 
Secretary of State and the Alaska Nanuuq Commission on matters 
involving the implementation of the Agreement.
    ``(b) Utilization of Other Government Resources and Authorities.--
            ``(1) Other government resources.--The Secretary may 
        utilize by agreement, with or without reimbursement, the 
        personnel, services, and facilities of any other Federal 
        agency, any State agency, or the Alaska Nanuuq Commission for 
        purposes of carrying out this title or the Agreement.
            ``(2) Other powers and authorities.--Any person authorized 
        by the Secretary under this subsection to enforce this title or 
        the Agreement shall have the authorities that are enumerated in 
        section 6(b) of the Lacey Act Amendments of 1981 (16 U.S.C. 
        3375(b)).
    ``(c) Ensuring Compliance.--
            ``(1) Title i authorities.--The Secretary may use 
        authorities granted under title I for enforcement, imposition 
        of penalties, and the seizure of cargo for violations under 
        this title, provided that any polar bear or any part or product 
        of a polar bear taken, imported, exported, possessed, 
        transported, sold, received, acquired, purchased, exchanged, or 
        bartered, or offered for sale, purchase, exchange, or barter in 
        violation of this title, shall be subject to seizure and 
        forfeiture to the United States without any showing that may be 
        required for assessment of a civil penalty or for criminal 
        prosecution under this Act.
            ``(2) Additional authorities.--Any gun, trap, net, or other 
        equipment used, and any vessel, aircraft, or other means of 
        transportation used, to aid in the violation or attempted 
        violation of this title shall be subject to seizure and 
        forfeiture under section 106.
    ``(d) Regulations.--
            ``(1) In general.--The Secretary shall promulgate such 
        regulations as are necessary to carry out this title and the 
        Agreement.
            ``(2) Ordinances and regulations.--If necessary to carry 
        out this title and the Agreement, and to improve compliance 
        with any annual taking limit or other restriction on taking 
        adopted by the Commission and implemented by the Secretary in 
        accordance with this title, the Secretary may promulgate 
        regulations that adopt any ordinance or regulation that 
        restricts the taking of polar bears for subsistence purposes if 
        the ordinance or regulation has been promulgated by the Alaska 
        Nanuuq Commission.

``SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO DELEGATE 
              ENFORCEMENT AUTHORITY.

    ``(a) In General.--The Secretary, acting through the Director of 
the United States Fish and Wildlife Service, may share authority under 
this title for the management of the taking of polar bears for 
subsistence purposes with the Alaska Nanuuq Commission if such 
commission is eligible under subsection (b).
    ``(b) Delegation.--To be eligible for the management authority 
described in subsection (a), the Alaska Nanuuq Commission shall--
            ``(1) enter into a cooperative agreement with the Secretary 
        under section 119 for the conservation of polar bears;
            ``(2) meaningfully monitor compliance with this title and 
        the Agreement by Alaska Natives; and
            ``(3) administer its co-management program for polar bears 
        in accordance with--
                    ``(A) this title; and
                    ``(B) the Agreement.

``SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL EXPENSES, AND 
              CLAIMS.

    ``(a) Appointment of U.S. Commissioners.--
            ``(1) Appointment.--The United States commissioners on the 
        Commission shall be appointed by the President, in accordance 
        with paragraph 2 of article 8 of the Agreement, after taking 
        into consideration the recommendations of--
                    ``(A) the Secretary;
                    ``(B) the Secretary of State; and
                    ``(C) the Alaska Nanuuq Commission.
            ``(2) Qualifications.--With respect to the United States 
        commissioners appointed under this subsection, in accordance 
        with paragraph 2 of article 8 of the Agreement--
                    ``(A) 1 United States commissioner shall be an 
                official of the Federal Government;
                    ``(B) 1 United States commissioner shall be a 
                representative of the Native people of Alaska, and, in 
                particular, the Native people for whom polar bears are 
                an integral part of their culture; and
                    ``(C) both commissioners shall be knowledgeable of, 
                or have expertise in, polar bears.
            ``(3) Service and term.--Each United States commissioner 
        shall serve--
                    ``(A) at the pleasure of the President; and
                    ``(B) for an initial 4-year term and such 
                additional terms as the President shall determine.
            ``(4) Vacancies.--
                    ``(A) In general.--Any individual appointed to fill 
                a vacancy occurring before the expiration of any term 
                of office of a United States commissioner shall be 
                appointed for the remainder of that term.
                    ``(B) Manner.--Any vacancy on the Commission shall 
                be filled in the same manner as the original 
                appointment.
    ``(b) Alternate Commissioners.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of State and the Alaska Nanuuq Commission, shall 
        designate an alternate commissioner for each member of the 
        United States section.
            ``(2) Duties.--In the absence of a United States 
        commissioner, an alternate commissioner may exercise all 
        functions of the United States commissioner at any meetings of 
        the Commission or of the United States section.
            ``(3) Reappointment.--An alternate commissioner--
                    ``(A) shall be eligible for reappointment by the 
                President; and
                    ``(B) may attend all meetings of the United States 
                section.
    ``(c) Duties.--The members of the United States section may carry 
out the functions and responsibilities described in article 8 of the 
Agreement in accordance with this title and the Agreement.
    ``(d) Compensation and Expenses.--
            ``(1) Compensation.--A member of the United States section 
        shall serve without compensation.
            ``(2) Travel expenses.--A member of the United States 
        section shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for an employee of an 
        agency under subchapter I of chapter 57 of title 5, United 
        States Code, while away from the home or regular place of 
        business of the member in the performance of the duties of the 
        United States-Russia Polar Bear Commission.
    ``(e) Agency Designation.--The United States section shall, for the 
purpose of title 28, United States Code, relating to claims against the 
United States and tort claims procedure, be considered to be a Federal 
agency.

``SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE 
              THE COMMISSION.

    ``In accordance with paragraph 3 of article 8 of the Agreement, the 
United States section, made up of commissioners appointed by the 
President, shall vote on any issue before the United States-Russia 
Polar Bear Commission only if there is no disagreement between the 
United States commissioners regarding the vote.

``SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.

    ``(a) In General.--The Secretary shall take all necessary actions 
to implement the decisions and determinations of the Commission under 
paragraph 7 of article 8 of the Agreement.
    ``(b) Taking Limitation.--Not later than 60 days after the date on 
which the Secretary receives notice of the determination of the 
Commission of an annual taking limit, or of the adoption by the 
Commission of other restriction on the taking of polar bears for 
subsistence purposes, the Secretary shall publish a notice in the 
Federal Register announcing the determination or restriction.

``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.

    ``(a) In general.--The authority of the Secretary under this title 
is in addition to, and shall not affect--
            ``(1) the authority of the Secretary under the other titles 
        of this Act or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 
        et seq.) or the exemption for Alaskan natives under section 
        101(b) of this Act as applied to other marine mammal 
        populations; or
            ``(2) the authorities provided under title II of this Act.
    ``(b) Certain Provisions Inapplicable.--The provisions of titles I 
through IV of this Act do not apply with respect to the implementation 
or administration of this title, except as specified in section 503.

``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out the functions and responsibilities of the 
Secretary under this title and the Agreement $1,000,000 for each of 
fiscal years 2006 through 2010.
    ``(b) Commission.--There are authorized to be appropriated to the 
Secretary to carry out functions and responsibilities of the United 
States Section $150,000 for each of fiscal years 2006 through 2010.
    ``(c) Alaskan Cooperative Management Program.--There are authorized 
to be appropriated to the Secretary to carry out this title and the 
Agreement in Alaska $150,000 for each of fiscal years 2006 through 
2010.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 
amended by adding at the end the following:

                         ``TITLE V--POLAR BEARS

``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration.
``Sec. 504. Cooperative management agreement; authority to delegate 
                            enforcement authority.
``Sec. 505. Commission appointments; compensation, travel expenses, and 
                            claims.
``Sec. 506. Votes taken by the United States Section on matters before 
                            the Commission.
``Sec. 507. Implementation of actions taken by the Commission.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.
    (c) Treatment of Containers.--Section 107(d)(2) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2)) is amended by 
striking ``vessel or other conveyance'' each place it appears and 
inserting ``vessel, other conveyance, or container''.
    Amend the title so as to read ``An Act to amend the Marine Mammal 
Protection Act of 1972 in order to implement the Agreement on the 
Conservation and Management of the Alaska-Chukotka Polar Bear 
Population.''.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 4075

_______________________________________________________________________

                               AMENDMENTS