[Congressional Record Volume 150, Number 41 (Monday, March 29, 2004)]
[House]
[Pages H1598-H1600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UTROK ATOLL VESSEL CONVEYANCE
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendments to the 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.
The Clerk read as follows:
Senate amendments:
(1)Page 2, after line 17, insert:
(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.
(2)Page 4, after line 6, insert:
SEC. 305. REBUILDING FISH STOCKS.
Section 105 of division H of the Consolidated
Appropriations Act, 2004, is repealed.
(3)Page 4, after line 6, insert:
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 26, 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentleman from New Mexico (Mr. Udall)
each will control 20 minutes.
The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 2584 passed the House on November 11, 2003, by voice vote. The
bill, as passed by the House, included a number of important provisions
including the transfer of a decommissioned NOAA vessel to the local
government of the Utrok Atoll, the reauthorization of the Yukon River
Salmon Act of 2000, the reauthorization of the Fishermen's Protective
Act of 1967, and a provision to correct and ratify certain promotions
within the National Oceanic and Atmospheric Administration Commissioned
Corps.
The Senate has made several additions to the legislation which make
it a stronger conservation measure. These additions include language to
implement the Pacific Albacore Tuna Treaty, a measure which will help
ensure the sustainable conservation and management of the albacore tuna
fishery shared by the United States and Canada; and language to allow
certain U.S. fishing vessels access to South Pacific tuna stocks
consistent with revisions to the 1988 South Pacific Tuna
[[Page H1599]]
Treaty. The bill was further amended to strike a provision of the
Consolidated Appropriations Act of 2004, which would have delayed the
implementation of important conservation and management measures in the
Northeast multispecies fishery management plan. This provision is
important to the continued rebuilding process for New England
groundfish stocks and to meet court-ordered timetables.
Finally, the amendments include a requirement that a plan for the use
of the decommissioned vessel be submitted to Congress by the local
government of the Utrok Atoll in consultation with the government of
the Republic of the Marshall Islands.
I urge Members to support these important provisions by voting
``aye'' on the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Speaker, let me thank the gentleman from
Maryland for his hard work and his leadership on this bill.
H.R. 2584 is a noncontroversial piece of legislation previously
passed by the House on November 21, 2003, that would convey a
decommissioned National Oceanic and Atmospheric Administration, or
NOAA, research vessel, to the local government of Utrok Atoll located
in the Republic of the Marshall Islands. The conveyance of this vessel
will allow more convenient transportation for the residents of Utrok
Atoll who have to make a 265-mile trip to the neighboring island of
Majuro to receive testing and critical medical treatments as a result
of the U.S. nuclear testing program we conducted in the Northern
Marshall Islands between 1946 and 1958.
I commend the Delegate from American Samoa for introducing this
legislation to help alleviate the burden shared by the residents of
this very remote atoll in the Pacific Ocean.
H.R. 2584 also contains an important provision to address procedural
lapses in promotions and appointments within NOAA's commissioned
officer corps. It is important not to disrupt the NOAA corps chain of
command while our Nation is at war against terrorism. This provision
should prevent any future operational or command dysfunctions from
arising, and we should act expeditiously to pass it.
This legislation as amended by the other body also contains
provisions passed last year by the House in H.R. 2408 to reauthorize
the Fishermen's Protective Act and the Yukon River Salmon Act, and two
amendments to reauthorize and clarify fisheries management agreements
concerning tuna in the Pacific Ocean. None of these are controversial.
I urge Members on both sides to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
I would like to thank the gentleman from American Samoa (Mr.
Faleomavaega), the gentleman from New Mexico (Mr. Udall), and the staff
on both sides of the aisle for helping to bring this measure to the
floor. I hope for a unanimous vote later on this afternoon.
Mr. Speaker, I include for the Record an exchange of letters between
the chairman of the Committee on Science and the chairman of the
Committee on Resources regarding this legislation.
House of Representatives,
Committee on Science,
Washington, DC, March 26, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, House of Representatives,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: I understand that the House plans to
take up H.R. 2584 as amended by the Senate. Thank you for
your support in having the Committee on Science added to the
list of Committees to which the Utrok Atoll local government
must report after receipt and use of the decommissioned
National Oceanic and Atmospheric Administration ship.
The Committee on Science supports passage of this bill as
amended, but wishes to clarify the Committee's jurisdiction
over the NOAA Corps. Based on conversations with the Office
of the Parliamentarian, the Committee on Science understands
it would receive a sequential referral of legislation
involving the NOAA Corps.
Recognizing your wish that the House of Representatives
consider this bill as soon as possible, I will not exercise
the Committee's right to a sequential referral of H.R. 2584
based on the Committee's jurisdiction over the NOAA Corps.
This decision to forgo a sequential referral does not waive
the Committee's future jurisdiction over the NOAA Corps.
I ask that you include our exchange of letters on this
matter in Congressional Record during floor consideration of
H.R. 2584.
Thank you for your consideration regarding this matter.
Sincerely,
Sherwood L. Boehlert,
Chairman.
____
House of Representatives,
Committee on Resources,
Washington, DC, March 26, 2004.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn HOB, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding 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
Senate has returned the bill to us with additional provisions
and I appreciate your cooperation in allowing it to be
considered expeditiously by the House of Representatives.
Based on discussions with the Office of the
Parliamentarian, the Committee on Science would be entitled
to a sequential referral of the portion of the bill
containing the text of S. 886, which was added to H.R. 2584
during the original Floor consideration of the bill on
November 21, 2003. Because the Committee on Resources plans
to consider S. 886 only in the context of H.R. 2584, I
appreciate your willingness not to seek a referral of the
amended bill. By doing so, I agree that the Committee on
Science does not waive jurisdiction over this provision, nor
does it serve as precedent for any future referrals. In
addition, I will be happy to include our exchange of letters
on this issue in the Congressional Record at the appropriate
time.
Thank you again for your cooperation on this and many other
issues between our committees.
Sincerely,
Richard W. Pombo.
Mr. FALEOMAVAEGA. Mr. Speaker, again, I rise in support of H.R. 2584,
a bill I introduced to assist our friends from Utrok Atoll as they
continue efforts to resettle and rehabilitate their islands as a result
of the effects of the United States nuclear testing in the Republic of
the Marshall Islands (RMI).
At this time, I would like to thank Chairman Richard Pombo and
Ranking Member Nick Rahall of the Resources Committee for their
continued support of Pacific Island issues. I would also like to thank
my distinguished colleagues and co-sponsors--Congressmen Anibal
Acevedo-Vila, Dan Burton, John Doolittle, Elton Gallegly, Jeff Flake,
and Congresswoman Madeleine Bordallo.
I would also like to thank members of the Senate for voting in favor
of this legislation. The purpose of this legislation is to authorize
the Secretary of Commerce to convey a decommissioned, operable NOAA
vessel to the Government of Utrok. The vessel will be used to provide
support for radiological monitoring, rehabilitation and resettlement of
Utrok, an atoll that is part of the Republic of the Marshall Islands.
During the 1940s and 50s, many of the Marshall Island atolls were
devastated by the effects of U.S. nuclear testing activities. From 1946
to 1958, the United States detonated 67 nuclear weapons in the Marshall
Islands, representing nearly 80 percent of all atmospheric tests ever
conducted by the United States. If one were to calculate the net yield
of these tests, it would be equivalent to the detonation of 1.7
Hiroshima bombs every day for 12 years.
On March 1, 1954, at 6:45 a.m. at the Bikini Atoll in the Marshall
Islands, the United States detonated the Bravo shot, a 15 megaton
hydrogen bomb 1,000 times more powerful than the bomb dropped on
Hiroshima. Acknowledged as the greatest nuclear explosion ever
detonated, the Bravo test vaporized 6 islands and created a mushroom
cloud 25 miles in diameter.
Residents of Utrok atoll were forced to evacuate 72 hours after the
miscalculated Bravo shot. Two months later, the U.S. assured the people
of Utrok that it was safe to return home. The U.S. now acknowledges
that it was a grave mistake to return the people to Utrok only 2 months
after the detonation of Bravo.
Utrok residents have since suffered severe health problems and
genetic anomalies. Today, the people of Utrok are seeking to
rehabilitate their home island so that it is a safe place to live. Last
year, a comprehensive scientific report recommended a potassium
fertilizer treatment to accompany the ongoing resettlement process on
Utrok, a treatment which would suppress the remaining radioactive
Cesium-137 in the soil and prevent its further uptake in the food
supply.
[[Page H1600]]
In addition, the U.S. Department of Energy (DOE) concluded a
Memorandum of Understanding (MOU) with Utrok that committed the DOE to
build a Whole Body Counting (WBC) facility in order to monitor
radioactivity levels in the people of Utrok. This new facility is
located about 265 miles away in Majuro and will be used to ensure that
the potassium fertilizer regime is effective and the administration of
the fertilizer treatment is done properly.
However, Utrok residents are responsible for their own transportation
to Majuro. Transportation by plane is expensive and available only once
per week. Air service is also unreliable as the Utrok runway is in
disrepair and the airline often declines to land. Travel by commercial
ships, although less expensive, is infrequent.
One solution to help facilitate transport between Utrok and Majuro is
to transfer a decommissioned NOAA vessel to the Utrok Atoll Local
Government. In addition to transport of Utrok residents to the WBC
facility, the vessel will be used for moving several tons of potassium
fertilizer, transporting equipment and materials for radiological
remediation, and transporting USDA food supplies. Because of the
Cesium-137 contamination in locally grown food, at least 50 percent of
the diet of Utrok residents must be imported to limit the risk of
radiological poisoning.
The Utrok Atoll Local Government fully supports this measure and
adopted a resolution (022-03) on July 4th 2003 stating that the NOAA
vessel transfer would be ``one of the crucial needs that will fully
support our future goals to develop, rehabilitate and resettle the
atoll after the aftermath of the Bravo fallout.'' The Utrok Government
also expects the ship to be available for use by other atolls for their
respective communities, who will help pay for the ongoing maintenance
of the vessel.
As the Ranking Member of the House International Relations
Subcommittee on Asia and the Pacific, I am hopeful that this bill will
remind Congress of our ongoing responsibility to the people of RMI for
the mistakes the United States made regarding its nuclear testing
activities in the Asia Pacific region. Once again, I thank my
colleagues in the House and Senate for their support and I urge final
passage of this important legislation.
Mr. UDALL of New Mexico. Mr. Speaker, I yield back the balance of my
time.
Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Gilchrest) that the House suspend the
rules and concur in the Senate amendments to the bill, H.R. 2584.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. GILCHREST. 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.
____________________