[Congressional Record Volume 146, Number 82 (Monday, June 26, 2000)]
[House]
[Pages H5092-H5095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PRIBILOF ISLANDS TRANSITION ACT

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3417) to complete the orderly withdrawal of the National 
Oceanic and Atmospheric Administration from the civil administration of 
the Pribilof Islands, Alaska, as amended.
  The Clerk read as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. PURPOSE.

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

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

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

     ``SEC. 206. FINANCIAL ASSISTANCE.

       ``(a) Grant Authority.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall provide financial 
     assistance to any city government, village corporation, or 
     tribal council of St. George, Alaska, or St. Paul, Alaska.
       ``(2) Use for matching.--Notwithstanding any other 
     provision of law relating to matching funds, funds provided 
     by the Secretary as assistance under this subsection may be 
     used by the entity as non-Federal matching funds under any 
     Federal program that requires such matching funds.

[[Page H5093]]

       ``(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 under section 303 of Public Law 104-182, 
     except that subsection (b) of that section shall not apply to 
     those funds.
       ``(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), such sums as may 
     be necessary.
       ``(d) Limitation on Use of Assistance for Lobbying 
     Activities.--None of the funds authorized by this section may 
     be available for any activity a purpose of which is to 
     influence legislation pending before the Congress, except 
     that this subsection shall not prevent officers or employees 
     of the United States or of its departments, agencies, or 
     commissions from communicating to Members of Congress, 
     through proper channels, requests for legislation or 
     appropriations that they consider it necessary for the 
     efficient conduct of public business.
       ``(e) Immunity From Liability.--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 having provided 
     assistance to the State of Alaska under subsection (b).
       ``(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. 4. DISPOSAL OF PROPERTY.

       Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165) is 
     amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Not later than 3 months after the date of enactment 
     of the Pribilof Islands Transition Act, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Resources 
     of the House of Representatives a report that includes--
       ``(1) a description of all property specified in the 
     document referred to in subsection (a) that has been conveyed 
     under that subsection;
       ``(2) a description of all Federal property specified in 
     the document referred to in subsection (a) that is going to 
     be conveyed under that subsection; and
       ``(3) an identification of all Federal property on the 
     Pribilof Islands that will be retained by the Federal 
     Government to meet its responsibilities under this Act, the 
     Convention, and any other applicable law.''; and
       (2) by striking subsection (g).

     SEC. 5. TERMINATION OF RESPONSIBILITIES.

       (a) Future Obligation.--
       (1) In general.--The Secretary of Commerce shall not be 
     considered to have any obligation to promote or otherwise 
     provide for the development of any form of an economy not 
     dependent on sealing on the Pribilof Islands, Alaska, 
     including any obligation under section 206 of the Fur Seal 
     Act of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of Public 
     Law 104-91 (16 U.S.C. 1165 note).
       (2) Savings.--This subsection shall not affect any cause of 
     action under section 206 of the Fur Seal Act of 1966 (16 
     U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104-91 (16 
     U.S.C. 1165 note)--
       (A) that arose before the date of the enactment of this 
     Act; and
       (B) for which a judicial action is filed before the 
     expiration of the 5-year period beginning on the date of the 
     enactment of this Act.
       (3) Rule of construction.--Nothing in this Act shall be 
     construed to imply that--
       (A) any obligation to promote or otherwise provide for the 
     development in the Pribilof Islands of any form of an economy 
     not dependent on sealing was or was not established by 
     section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166), 
     section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 
     note), or any other provision of law; or
       (B) any cause of action could or could not arise with 
     respect to such an obligation.
       (4) Conforming amendment.--Section 3(c)(1) of Public Law 
     104-91 (16 U.S.C. 1165 note) is amended by striking 
     subparagraph (A) and redesignating subparagraphs (B) through 
     (D) in order as subparagraphs (A) through (C).
       (b) Property Conveyance and Cleanup.--
       (1) In general.--Subject to paragraph (2), there are 
     terminated all obligations of the Secretary of Commerce and 
     the United States to--
       (A) convey property under section 205 of the Fur Seal Act 
     of 1966 (16 U.S.C. 1165); and
       (B) carry out cleanup activities, including assessment, 
     response, remediation, and monitoring, 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 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 Act, 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 by this Act, the Secretary 
     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 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.

[[Page H5094]]

       (E) The terms of the documents described in subsection 
     (d)(2).
       (c) Repeals.--Effective on the date described in subsection 
     (b)(2), the following provisions are repealed:
       (1) Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 
     1165).
       (2) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note).
       (d) Savings.--
       (1) In general.--Nothing in this Act shall affect any 
     obligation of the Secretary of Commerce, or of any Federal 
     department or agency, under or with respect to any document 
     described in paragraph (2) or with respect to any lands 
     subject to such a document.
       (2) Documents described.--The documents referred to in 
     paragraph (1) are the following:
       (A) The Transfer of Property on the Pribilof Islands: 
     Description, Terms, and Conditions, dated February 10, 1984, 
     between the Secretary of Commerce and various Pribilof Island 
     entities.
       (B) The Settlement Agreement between Tanadgusix Corporation 
     and the city of St. Paul, dated January 11, 1988, and 
     approved by the Secretary of Commerce on February 23, 1988.
       (C) The Memorandum of Understanding between Tanadgusix 
     Corporation, Tanaq Corporation, and the Secretary of 
     Commerce, dated December 22, 1976.
       (e) Definitions.--
       (1) In general.--Except as provided in paragraph (2), the 
     definitions set forth in section 101 of the Fur Seal Act of 
     1966 (16 U.S.C. 1151) shall apply to this section.
       (2) Natives of the pribilof islands.--For purposes of this 
     section, the term ``Natives of the Pribilof Islands'' 
     includes the Tanadgusix Corporation, the St. George Tanaq 
     Corporation, and the city governments and tribal councils of 
     St. Paul and St. George, Alaska.

     SEC. 6. TECHNICAL AND CLARIFYING AMENDMENTS.

       (a) Public Law 104-91 and the Fur Seal Act of 1966 are 
     amended by--
       (1) striking ``(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 is amended by inserting before 
     title I the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Fur Seal Act of 1966'.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is 
     amended--
       (1) in subsection (f) by striking ``1996, 1997, and 1998'' 
     and inserting ``2001, 2002, 2003, 2004, and 2005''; 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' shall include 
     the Tanadgusix and Tanaq Corporations.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).
  Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the chairman of the Committee on Resources, the 
gentleman from Alaska (Mr. Young), introduced H.R. 3417, the Pribilof 
Islands Transition Act, following a hearing on the ongoing transition 
of the communities of St. Paul and Saint George, Alaska, from Federal 
to private ownership.
  St. Paul and Saint George are located on isolated islands in the 
Bering Sea that are also the breeding grounds of the north Pacific fur 
seal. The islands were settled when Russian fur seal traders forcibly 
kidnapped, relocated, and enslaved native Alaskan Aleuts to continue to 
conduct fur seal harvests.
  This bill provides payments to the municipal governments, village 
corporations, and tribal councils on the islands. This money will 
compensate them for the funds they spent to build harbors and to repair 
and replace transferred property that was inadequate to provide public 
service. The bill also authorizes funds to complete the environmental 
cleanup of the mess the government left on the islands during its 120 
year reign.
  Finally, the bill establishes what NOAA must do before its 
responsibilities on the islands are terminated. This bill makes good on 
our promises to a group of Native Americans. I urge an ``aye'' vote on 
H.R. 3417.
  Mr. Speaker, I submit for the Record a communication from the 
chairman of the Committee on Resources to the ranking member of the 
committee.

                                    U.S. House of Representatives,


                                       Committee on Resources,

                                    Washington, DC, June 26, 2000.
     Hon. George Miller,
     Ranking Democratic Member, Committee on Resources, 
         Washington, DC.
       Dear Mr. Miller: The purpose of H.R. 3417 is to complete 
     the transition of the Pribilof Islands, Alaska, from being a 
     ward of the state to being an independent and, hopefully, 
     successful community with the same independent 
     responsibilities of any other community in the United States. 
     The bill establishes the parameters for ending the special 
     relationship between National Oceanic and Atmospheric 
     Administration (NOAA) and the Pribilofs. After all the 
     actions required in this legislation are taken, it is my 
     intention that NOAA will not be expected to have any 
     responsibilities to the communities on the Pribilof Islands 
     in addition to those that it would have to any other 
     community in the United States.
       The Pribilof Islands, St. Paul and St. George, are located 
     in the Bering Sea 800 miles west-southwest of Anchorage, 
     Alaska. The Islands are the breeding grounds of the North 
     Pacific Fur Seal. The Islands were discovered in 1786 by 
     Russian explorers who were searching for the fur seal 
     breeding grounds. To exploit the fur seals for their pelts, 
     the Russians relocated and enslaved Aleuts from islands that 
     lie to the south. These Native Alaskans were experienced seal 
     hunters, and the pelts were tremendously valuable in China, 
     Russia, and Europe.
       When the Federal Government acquired Alaska in 1867, the 
     purchase included the Pribilof Islands. In 1868, the Islands 
     were declared to be a special Federal Reserve for purposes of 
     management and preservation of fur seals and other fur-
     bearing species. The Federal Government contracted with 
     private firms for the harvest of fur seals and the Aleuts 
     continued to conduct the harvests as employees of these 
     firms. It is estimated that the Federal Government's portion 
     of the profit from the fur seal trade paid for the purchase 
     price of Alaska in roughly 20 years. Later the government ran 
     the fur seal harvests directly, but never allowed other 
     business interests to develop on the Islands.
       By 1983, the fur seal harvest and the profits to the 
     Federal government had diminished dramatically, but Federal 
     expenditures on the Islands had risen to $6.3 million 
     annually. NOAA estimates that 95 percent of those 
     expenditures were for municipal and social services. After 
     negotiations with the Administration, Congress adopted the 
     Fur Seal Act Amendments of 1983. These amendments adopted a 
     scheme proposed by NOAA to complete the government withdrawal 
     activities on the Island that were not related to fur seal 
     management. NOAA Administrator Anthony J. Calio best laid out 
     this scheme in a November 1, 1982, letter to all Island 
     residents. This letter states:
       ``To ensure a smooth transition and to foster development 
     of a new and expanded economic base, [NOAA] propose[s] to 
     provide a one-time payment of $20 million, to be placed in 
     trust, which will provide you with the resources necessary 
     for general community expenses during the interim period, as 
     well as working capital so badly needed for economic 
     development. . . .
       ``As you know, harbor facilities will be vital to the 
     success of your efforts to establish a viable economic base. 
     In order for our proposal to be successful, we must have 
     assurance of State [of Alaska] support for these harbor 
     facilities. The proposed $20 million fund is contingent on a 
     firm State commitment. . . .
       ``The National Marine Fisheries Service has substantial 
     property holdings on the Islands. [NOAA] propose[s] to 
     transfer this property, with a few exceptions, . . . , to the 
     Islands. In the future, community and municipal services will 
     be provided by Island organizations, and this property, which 
     includes land, buildings, equipment and supplies, it vital to 
     the provision of such services.
       ``Under [the NOAA] proposal, the Islands would be 
     responsible for conducting the annual seal harvest and for 
     the associated marketing of the seal skins. To assure the 
     long-term success of this effort, we will provide all 
     resources needed to conduct the 1983 harvest. Commencing in 
     1983 all [U.S. shares of] skins, seals and byproducts . . . 
     will belong to the Islanders and when sold should provide you 
     with the resources needed to successfully conduct future 
     harvests. . . .
       ``The phase out of the Pribilof Islands Program will 
     significantly reduce associated Federal jobs. We would except 
     some of these jobs would naturally transfer to the Island-
     operated seal harvest and marketing and for the provision of 
     Island services. During the harbor facility construction 
     period, we can

[[Page H5095]]

     foresee many employment opportunities and once the fishing or 
     other industries come on line, job possibilities should 
     expand significantly.''
       A Memorandum of Intent signed by Calio and Island leaders 
     were also included with this letter. This memorandum states: 
     ``The parties hereto recognize the State of Alaska's 
     appropriation of the monies necessary to construct boat 
     harbors on St. Paul and St. George Island . . . is an 
     indispensable contribution to achieving the goal of self 
     sufficiency on the Pribilof Islands.''
       Administrator Calio also laid out this plan in May 19, 
     1983, testimony on H.R. 2840, an Administration-drafted bill 
     to provide for the orderly termination of Federal management 
     of the Pribilof Islands before the Merchant Marine and 
     Fisheries Committee. He stated the NOAA proposal, which was 
     reflected in the bill, would ``Create a $20 million fund to 
     replace annual Federal appropriations which, when combined 
     with a state initiative to construct harbors on both islands, 
     would give the Pribilovians the resources needed to make the 
     transition to a self-sustaining economy; to transfer most 
     real and personal property owned by the Federal Government 
     to the islanders; to transfer responsibility for the fur 
     seal harvest to the islanders; and to help the islanders 
     get job training.'' Later in that testimony he again 
     reiterated the importance of harbor construction to the 
     success of this scheme, when he said, ``The transfer of 
     Federal property on the islands and the appropriation of 
     the $20 million, in concert with State contributions for 
     the construction of harbors on each island, will give the 
     Pribilovians the unique opportunity to develop a 
     diversified and enduring economy.''
       The State of Alaska also testified at that hearing. The 
     State witness made clear that, though Governor Sheffield had 
     requested $10.4 million for harbor construction, those funds 
     had not been approved and may not be sufficient to complete 
     the projects even if approved. The State also noted that:
       ``. . . given the checkered history of the Federal 
     Government's relationship to the Pribilovians, there is a 
     moral if not legal obligation that should not be overlooked.
       ``. . . we perceive the conception that the State of Alaska 
     will simply fill the void created by the Federal Government's 
     abrupt departure. We can make no such commitment . . . the 
     economic, social and infrastructure requirements of the 
     Pribilofs are immense . . .
       ``. . . the Federal Government must be willing to upgrade 
     existing facilities to minimum State health and safety 
     standards.''
       The Fur Seal Act Amendments of 1983 were adopted. The 
     Federal Government did create and fund the $20 million Trust 
     Fund. The State of Alaska did not commit to, nor did it fund, 
     construction of new harbors on the Islands. Real and personal 
     property has been transferred by the Federal Government, but 
     the municipalities maintain that it failed to meet the 
     Islands public infrastructure needs. In 1984, the Senate 
     failed to ratify the Fur Seal Treaty, thus ending fur seal 
     harvests. Since three legs of the stool failed, most of the 
     $20 million was used to fund harbor construction, 
     infrastructure repair and replacement, and social benefit 
     needs. This delayed the development of a self-sufficient 
     economy on the Islands.
       In 1976, NOAA entered into a Memorandum of Understanding 
     (MOU) with TDX and Tanaq which identified the tracts of 
     property the government intended to retain. Under Section 
     3(e) of ANCSA, the government was directed to retain the 
     ``smallest practicable tracts enclosing land actually used in 
     connection with the administration of a Federal 
     installation.'' Therefore, the MOU served to let the village 
     corporations know which lands were unavailable for selection 
     under ANCSA.
       Pursuant to Section 205 of the 1983 Amendments, NOAA 
     entered into a Transfer of Property Agreement with the 
     municipal governments, village corporations and tribal 
     councils on the Islands and the State of Alaska to receive a 
     portion of the property that was originally scheduled to be 
     retained by NOAA. This agreement has withstood a court 
     challenge, and most of the property has been transferred. 
     Unfortunately, environmental contamination on much of the 
     property has prevented the highest and best economic use of 
     the land, and in other cases delayed the transfer altogether. 
     NOAA and the State of Alaska signed the Pribilof Islands 
     Environmental Restoration Agreement (Two Party Agreement). 
     This document in conjunction with the cleanup requirements 
     set forth in Public Law 104-91 govern NOAA's ongoing cleanup.
       It is clear that the failure to construct harbors, transfer 
     property, complete the environmental cleanup, or provide 
     adequate municipal infrastructure, and the elimination of 
     revenue from the fur seal harvest doomed to failure the 
     transition scheme laid out by NOAA and adopted by Congress in 
     1983. To make good on the 1983 commitments, H.R. 3417 
     provides additional resources to the Islanders, and sets out 
     the terms under which NOAA non-fur seal management 
     responsibilities end. The bill provides grants to Island 
     entities and grants to the State to construct solid waste 
     management facilities. The bill also terminates NOAA's 
     economic and municipal responsibilities after it has 
     obligated whatever funds are appropriated for the authorized 
     grants, completed the environmental cleanup, and transferred 
     property under the TOPA.
       I hope this letter clarifies for you the reason for, and 
     intent of, H.R. 3417. I appreciate your support for this 
     legislation.
           Sincerely,
                                                        Don Young,
                                 Chairman, Committee on Resources.

  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, the gentleman from Pennsylvania has properly explained 
the bill, and I am pleased to rise in support of this important 
legislation sponsored by the gentleman from Alaska.
  As Members of this body know, the chairman of the Committee on 
Resources is a forceful advocate for his Alaska constituents. The bill 
before the House today is improved in numerous respects from the 
version reported by the committee last April. As a result of the 
changes made to accommodate NOAA's concerns, it is my understanding the 
administration now supports the bill as amended.
  There is also an attempt here to strike a responsible balance in this 
bill. There are now caps in the amounts authorized for the economic 
assistance grants to the Aleut Natives and to local governments, and I 
urge the Members of the House to support the bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.


                             General Leave

  Mr. SHERWOOD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks, and to include extraneous material on H.R. 3417, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SHERWOOD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Sherwood) that the House suspend the 
rules and pass the bill, H.R. 3417, as amended.
  The question was taken.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________