[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[House]
[Pages 23801-23814]
[From the U.S. Government Publishing Office, www.gpo.gov]



             COASTAL AND FISHERIES IMPROVEMENT ACT OF 2000

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5086) to amend the National Marine Sanctuaries Act 
to honor Dr. Nancy Foster, as amended.
  The Clerk read as follows:

                               H.R. 5086

       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.

[[Page 23802]]

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;

[[Page 23803]]

       ``(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 1 
     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 
     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'';

[[Page 23804]]

       (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--

[[Page 23805]]

       ``(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 2 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

[[Page 23806]]

     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

[[Page 23807]]

     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.

[[Page 23808]]

       (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

[[Page 23809]]

     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.

[[Page 23810]]

     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) to seek or require contributions referred to in 
     section 1006(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 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--

[[Page 23811]]

       ``(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.

[[Page 23812]]

       (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 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 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.

[[Page 23813]]



     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 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 5086. This bill includes a 5-
year reauthorization of the National Marine Sanctuaries Act and 
miscellaneous fishery reauthorizations.
  The sanctuary provisions make minor changes to the designation, 
monitoring and enforcement sections of the Act. It reinforces the 
importance of protecting the cultural resources found in sanctuaries, 
and it establishes a program to honor Dr. Nancy Foster. Dr. Foster was 
a long-time NOAA employee and former director of the Sanctuary program 
who recently passed away from a long illness.
  This bill also includes three provisions that twice have previously 
passed the House as part of other legislation. The first allows 
fishermen to be reimbursed if their vessel is illegally detained or 
seized by foreign countries. The second establishes the Yukon River 
Salmon Panel and authorizes projects to restore salmon stocks 
originating from the Yukon River. The third authorizes the Secretary of 
Commerce to acquire two fishery survey vessels.
  These vessels are one of the most important fishery management tools 
available to the Federal science. They allow for the collection of much 
needed scientific data to manage our Nation's resources.
  Mr. Speaker, may I say, one of the biggest weaknesses we have in the 
whole programs of our oceans is the lack of research. H.R. 5086 
provides authorization for environmental clean-up in current and 
formerly owned Federal property on the Pribilof Islands in Alaska, and 
assistance to help island communities successfully complete the 
transition from governmental to private ownership.
  It also establishes the terms under which NOAA can end its non-marine 
mammal responsibilities on the Pribilofs.
  Other titles within this bill reauthorize marine fisheries stock 
assessments; aid to States in managing interjurisdictional and 
anadromous fisheries; and the extremely successful Atlantic striped 
bass and Atlantic coastal cooperative fisheries management programs.
  Finally, the bill will authorize assistance to West Coast States for 
salmon habitat restoration projects; give statutory approval to several 
provisions of the international agreement on joint U.S. and Canadian 
salmon stocks; and establish a program to assist in marine mammal 
stranding rescues.
  This bill contains key provisions to protect U.S. fish stocks and 
sensitive

[[Page 23814]]

areas of the marine environment. These measures are noncontroversial 
and should be adopted this year. I urge an aye vote on this important 
conservation legislation.
  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, I do not have any substantive concerns with the package 
of fishery bills included in the amendment to H.R. 5086. In particular, 
I support the title that would reauthorize the National Marine 
Sanctuaries program. I am also pleased that this package includes 
legislation that would outlaw the fishing practice of shark finning.
  I am concerned about the disproportionate number of Republican bills 
that have be included in this package. There is only one Democratic 
bill and seven Republican bills. I believe that is unfair.
  I am also concerned with what this legislation does not include. It 
does not include a clean bill to reauthorize the Coastal Zone 
Management Act, especially a reauthorization for State coastal polluted 
run-off programs. Nor does this package include a clean bill to 
authorize a comprehensive coral reef conservation program. Passage of 
these bills has been a priority concern for Democrat Members of this 
Congress.
  I am disappointed that the majority has chosen to schedule this 
package when they could have just as easily scheduled the fish package 
that was passed by the other body, H.R. 3417. This package contained 
virtually all of the bills contained here, but also includes a clean 
coastal zone management reauthorization and coral reef bills.
  Members of the other body have indicated they will not move any 
package which does not include CZMA in the coral reef bills. Instead of 
passing legislation today that could be sent to the President for his 
signature, we are passing a bill that may very well become a dead 
letter in the other body. I think that is unfortunate in the closing 
days of this session.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  In response to the gentleman, I would agree to some extent with what 
he said. The one thing I do and have always felt very strongly is not 
to be dictated to by the other body. The other body said ``take it or 
leave it'' on issues very frankly that are very, very important to me, 
but we decided what we had to do was get what was best out of what we 
were able to do, and without any objection on our side or the 
gentleman's side, to achieve those goals.
  I am a little frustrated with the other body, in fact, greatly 
frustrated, because they waited. These bills had been passed for many, 
many months, and then they sent us something and said, ``Take it or 
leave it.''
  This is the House of the people, the United States House of 
Representatives. It is not the House of Lords. I am going to suggest 
respectfully that until they recognize that we also have an important 
role to play in this business of legislation, I am going to do what I 
think is appropriate for not only the Nation as a whole but the 
constituents that we all represent.
  To have them dictate to us is very offensive to me. I have told them 
that vocally, and I will tell them that in writing, and I will say it 
in public. This is the House of the people, not the House of Lords on 
the other side. So the one way we did what we could do to try to 
achieve our goals, including the fishermen's protection act, was that 
the gentleman's and my bill is in this package. That is one of the 
things in this bill. I cannot get it all because I cannot get it passed 
from this side of the aisle, either.
  So this is the art of trying to achieve the realities. I really 
worked very hard on this piece of legislation, and hopefully we will 
see the wisdom of passing this legislation.
  Mr. CUNNINGHAM. Mr. Speaker, I rise today to support H.R. 5086. This 
legislation includes a provision very important to me, the Shark 
Finning Prohibition Act.
  I want to especially thank Chairman Saxton, Chairman Young, and 
Ranking Member Miller for their strong commitment to this legislation 
and their leadership to stop the barbarous practice of shark finning.
  For those unfamiliar with shark finning, it is the distasteful 
practice of removing of a shark's fins and discarding the carcass into 
the sea. As an avid sportsman, and as a previous co-chairman of the 
Congressional Sportsmen's Caucus, I find this practice horrific and 
wasteful.
  Sharks are among the most biologically vulnerable species in the 
ocean. Their slow growth, late maturity, and small number of offspring 
leave them exceptionally vulnerable to overfishing and they are slow to 
recover from practices that contribute to their depletion. At the same 
time, sharks, as top predators, are essential to maintaining the 
balance of life in the sea.
  My colleagues are well aware of my campaign to stop the wasteful and 
unsportsmanlike practice of shark finning. This will be the third time 
that the House has acted on this issue, and the third version of my 
legislation. The bill before us today represents a compromise between 
the House and the Senate. It is important that we pass this legislation 
today and protect America's fisheries from this terrible practice.
  The Shark Finning Prohibition Act bans the wasteful practice of 
removing a shark's fins and discard the remainder of the shark into the 
ocean.
  The next step in this process is to act internationally. The bill 
directs the Secretary of State and Secretary of Commerce to work to 
stop the global shark fin trade. This will require the active 
engagement of more than 100 countries, and reduction in the demand for 
shark fins and other shark products. As my resolution from last year 
stressed, international measures are a critical component of achieving 
effective shark conservation.
  Finally, the bill authorizes a Western Pacific longline fisheries 
cooperative research program to provide information for shark stock 
assessments. This includes identifying fishing gear and practices that 
prevent or minimize incidental catch of sharks and ensure maximum 
survivorship of released sharks and providing data on the international 
shark fin trade. This important provision was included at the request 
of the Senate and represents the best form of compromise and action.
  The United States has always been a leader in fisheries conservation 
and management. This legislation provides us the opportunity to stand 
on the world stage and demand that other countries take action to stop 
this wasteful and unsportsmanlike practice.
  The Shark Finning Prohibition Act has broad bipartisan support. It is 
strongly supported by the Ocean Wildlife Campaign, a coalition that 
includes the Center for Marine Conservation, National Audubon Society, 
National Coalition for Marine Conservation, Natural Resources Defense 
Council, Wildlife Conservation Society, and the World Wildlife Fund. In 
addition, it is supported by the State of Hawaii Office of Hawaiian 
Affairs, the American Sportfishing Association, the Recreational 
Fishing Alliance, the Sportfishing Association of California, the 
Cousteau Society, and the Western Pacific Fisheries Coalition.
  Today, we can act to halt the rampant waste resulting from shark 
finning and solidify our national opposition to this terrible practice. 
Vote ``yes'' on H.R. 5086; vote ``yes'' to prohibit shark finning.
  Mr. YOUNG of Alaska. 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 Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 5086, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read:

       ``A bill to amend the National Marine Sanctuaries Act to 
     honor Dr. Nancy Foster, and for other purposes.''.

  A motion to reconsider was laid on the table.

                          ____________________