[Congressional Record Volume 150, Number 38 (Wednesday, March 24, 2004)]
[Senate]
[Pages S3115-S3116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




TO PROVIDE FOR THE CONVEYANCE TO THE UTROK ATOLL LOCAL GOVERNMENT OF A 
  DECOMMISSIONED NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SHIP

  Mr. FRIST. Mr. President, I ask unanimous consent the Commerce 
Committee be discharged from further consideration of H.R. 2584, and 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2584) to provide for the conveyance to the 
     Utrok Atoll local government of a decommissioned National 
     Oceanic and Atmospheric Administration ship, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent the Collins and McCain amendments 
at the desk be agreed to en bloc, the bill as amended be read a third 
time and passed, and the motions to reconsider be laid on the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2934) was agreed to as follows:


                           amendment no. 2934

(Purpose: To repeal section 105 of the Consolidated Appropriations Act, 
                                 2004)

       At the appropriate place, insert the following;

     SEC. 305. REBUILDING FISH STOCKS.

       Section 105 of division H of the Consolidated 
     Appropriations Act, 2004, is repealed.

  The amendment (No. 2935) was agreed to as follows:


                           amendment no. 2935

 (Purpose: To provide for implementation of the Pacific Albacore Tuna 
                    Treaty, and for other purposes)

       On page 2, between lines 17 and 18, insert the following:

[[Page S3116]]

       (c) Within 120 days after the date of enactment of this 
     Act, the Utrok Atoll local government, in consultation with 
     the Government of the Republic of the Marshall Islands, shall 
     submit a plan for the use of the vessel to be conveyed under 
     subsection (a) to the House of Representatives Committee on 
     Resources, the House of Representatives Committee on Science, 
     the Senate Committee on Energy and Natural Resources, and the 
     Senate Committee on Commerce, Science, and Transportation.
       On page 4, after line 6, add the following:

                 TITLE IV--PACIFIC ALBACORE TUNA TREATY

     SEC. 401. IMPLEMENTATION.

       (a) In General.--Notwithstanding anything to the contrary 
     in section 201, 204, or 307(2) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1821, 
     1824, and 1857(2)), foreign fishing may be conducted pursuant 
     to the Treaty between the Government of the United States of 
     America and the Government of Canada on Pacific Coast 
     Albacore Tuna Vessels and Port Privileges, signed at 
     Washington May 28, 1981, including its Annexes and any 
     amendments thereto.
       (b) Regulations.--The Secretary of Commerce, with the 
     concurrence of the Secretary of State, may--
       (1) promulgate regulations necessary to discharge the 
     obligations of the United States under the Treaty and its 
     Annexes; and
       (2) provide for the application of any such regulation to 
     any person or vessel subject to the jurisdiction of the 
     United States, wherever that person or vessel may be located.
       (c) Enforcement.--
       (1) In general.--The Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) shall be enforced 
     as if subsection (a) were a provision of that Act. Any 
     reference in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to 
     any provision of that Act, shall be considered to be a 
     reference to that Act as it would be in effect if subsection 
     (a) were a provision of that Act.
       (2) Regulations.--The regulations promulgated under 
     subsection (b), shall be enforced as if--
       (A) subsection (a) were a provision of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.); and
       (B) the regulations were promulgated under that Act.

     SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.

       Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 
     973d(a)) is amended by striking ``outside of the 200 nautical 
     mile fisheries zones of the Pacific Island Parties.'' and 
     inserting ``or to fishing by vessels using the longline 
     method in the high seas areas of the Treaty area.''.

  Mr. BINGAMAN. Mr. President, I rise today in support of an amendment 
included in the package of amendments offered by the managers of H.R. 
2584, a bill to provide for the conveyance to the Utrok Atoll local 
government of a decommissioned National Oceanic and Atmospheric 
Administration ship, and for other purposes.
  The Committee on Energy and Natural Resources, by virtue of its 
jurisdiction for the U.S. territories, has a long history in dealing 
with the islands of the former Trust Territory of the Pacific Islands. 
Utrok Atoll is one such group of islands located in the northern 
Marshall Islands, about 2500 miles southwest of Hawaii. One distinction 
of these islands is that they were affected by fallout from our 
Nation's first thermonuclear bomb test--the ``Bravo'' test held at 
Bikini Atoll in 1954. Since that time, the U.S. Government has been 
monitoring the health of the individuals affected, providing 
healthcare, and monitoring the radiation levels on the islands. All 
Americans should recognize the impact that the development of our 
nation's nuclear deterrent had on Utrok and the other affected 
communities at Enewetak, Bikini, and Rongelap. We have a continuing 
interest in their welfare.
  This legislation, H.R. 2584, serves that continuing interest by 
authorizing the transfer of a decommissioned NOAA vessel to the Utrok 
local government to assist the community by improving transportation to 
the capital at Majuro. One reason to visit Majuro is to use the U.S. 
Department of Energy's whole-body counting facility located there. 
Members of the affected communities can get whole-body counts and 
reassure themselves about the efficacy of their radiation clean-up and 
remediation efforts.
  One concern regarding the transfer of this vessel, however, is 
whether the community has properly planned for its use and operation. 
Over the years, the Energy Committee has been involved in several 
vessel transfers. Two common problems with these projects are that the 
vessels are found to be ill-suited to the needs of the community or the 
community lacks the resources to operate and maintain them.
  I commend the managers of this bill for including an amendment that 
would require the Utrok government to submit a plan for the use of the 
vessel, including the identification of sources of funding for 
operations and maintenance. I understand that NOAA had an annual 
operating budget for this vessel of $2.9 million. While there would be 
economies available to reduce these costs, such as hiring a non-U.S. 
citizen crew, operation and maintenance costs will certainly be beyond 
the capacity of the Utrok local government. It is my hope that the 
Utrok local government will work with the Marshall Islands government 
and with other communities in the area to find the resources needed to 
make this project a success. If, in the end, the resources are not 
found, it may be necessary, as it has been in other cases, to sell the 
vessel in order to purchase a more suitable one, or to use the proceeds 
to meet the community's needs in other ways.
  I thank the managers of this bill for including this amendment, and I 
look forward to reviewing with them, and with the Utrok community, the 
plan for this vessel's use.
  The bill (H.R. 2584), as amended, was read the third time and passed.

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