[Congressional Record (Bound Edition), Volume 146 (2000), Part 17]
[House]
[Pages 25536-25541]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    PRIBILOF ISLANDS TRANSITION ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1653) to approve a governing international fishery 
agreement between the United States and the Russian Federation, as 
amended.
  The Clerk read as follows:

                               H.R. 1653

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

                       TITLE I--PRIBILOF ISLANDS

     SEC. 101. SHORT TITLE.

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

     SEC. 102. 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. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR 
                   SEAL ACT OF 1966.

       Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly known 
     and referred to in this title as the Fur Seal Act of 1966, is 
     amended by amending section 206 (16 U.S.C. 1166) to read as 
     follows:

     ``SEC. 206. FINANCIAL ASSISTANCE.

       ``(a) Grant Authority.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall provide financial 
     assistance to any city government, village corporation, or 
     tribal council of St. George, Alaska, or St. Paul, Alaska.
       ``(2) Use for matching.--Notwithstanding any other 
     provision of law relating to matching funds, funds provided 
     by the Secretary as assistance under this subsection may be 
     used by the entity as non-Federal matching funds under any 
     Federal program that requires such matching funds.
       ``(3) Restriction on use.--The Secretary may not use 
     financial assistance authorized by this Act--
       ``(A) to settle any debt owed to the United States;
       ``(B) for administrative or overhead expenses; or
       ``(C) for contributions sought or required 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) Funding instruments and procedures.--In providing 
     assistance under this subsection the Secretary shall transfer 
     any funds appropriated to carry out this section to the 
     Secretary of the Interior, who shall obligate such funds 
     through instruments and procedures that are equivalent to the 
     instruments and procedures required to be used by the Bureau 
     of Indian Affairs pursuant to title IV of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.).
       ``(5) Pro rata distribution of assistance.--In any fiscal 
     year for which less than all of the funds authorized under 
     subsection (c)(1) are appropriated, such funds shall be 
     distributed under this subsection on a pro rata basis among 
     the entities referred to in subsection (c)(1) in the same 
     proportions in which amounts are authorized by that 
     subsection for grants to those entities.
       ``(b) Solid Waste Assistance.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall provide assistance to the 
     State of Alaska for designing, locating, constructing, 
     redeveloping, permitting, or certifying solid waste 
     management facilities on the Pribilof Islands to be operated 
     under permits issued to the City of St. George and the City 
     of St. Paul, Alaska, by the State of Alaska under section 
     46.03.100 of the Alaska Statutes.
       ``(2) Transfer.--The Secretary shall transfer any 
     appropriations received under paragraph (1) to the State of 
     Alaska for the benefit of rural and Native villages in Alaska 
     for obligation under section 303 of Public Law 104-182, 
     except that subsection (b) of that section shall not apply to 
     those funds.
       ``(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--
       ``(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

[[Page 25537]]

     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. 104. 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. 105. 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.
       (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. 106. 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. 107. 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:

[[Page 25538]]

       ``(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 II--CORAL REEF CONSERVATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Coral Reef Conservation 
     Act of 2000''.

     SEC. 202. PURPOSES.

       The purposes of this title are--
       (1) to preserve, sustain, and restore the condition of 
     coral reef ecosystems;
       (2) to promote the wise management and sustainable use of 
     coral reef ecosystems to benefit local communities and the 
     Nation;
       (3) to develop sound scientific information on the 
     condition of coral reef ecosystems and the threats to such 
     ecosystems;
       (4) to assist in the preservation of coral reefs by 
     supporting conservation programs, including projects that 
     involve affected local communities and nongovernmental 
     organizations;
       (5) to provide financial resources for those programs and 
     projects; and
       (6) to establish a formal mechanism for collecting and 
     allocating monetary donations from the private sector to be 
     used for coral reef conservation projects.

     SEC. 203. NATIONAL CORAL REEF ACTION STRATEGY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Resources of the House of 
     Representatives and publish in the Federal Register a 
     national coral reef action strategy, consistent with the 
     purposes of this title. The Administrator shall periodically 
     review and revise the strategy as necessary. In developing 
     this national strategy, the Secretary may consult with the 
     Coral Reef Task Force established under Executive Order 13089 
     (June 11, 1998).
       (b) Goals and Objectives.--The action strategy shall 
     include a statement of goals and objectives as well as an 
     implementation plan, including a description of the funds 
     obligated each fiscal year to advance coral reef 
     conservation. The action strategy and implementation plan 
     shall include discussion of--
       (1) coastal uses and management;
       (2) water and air quality;
       (3) mapping and information management;
       (4) research, monitoring, and assessment;
       (5) international and regional issues;
       (6) outreach and education;
       (7) local strategies developed by the States or Federal 
     agencies, including regional fishery management councils; and
       (8) conservation, including how the use of marine protected 
     areas to serve as replenishment zones will be developed 
     consistent with local practices and traditions.

     SEC. 204. CORAL REEF CONSERVATION PROGRAM.

       (a) Grants.--The Secretary, through the Administrator and 
     subject to the availability of funds, shall provide grants of 
     financial assistance for projects for the conservation of 
     coral reefs (hereafter in this title referred to as ``coral 
     conservation projects''), for proposals approved by the 
     Administrator in accordance with this section.
       (b) Matching Requirements.--
       (1) 50 percent.--Except as provided in paragraph (2), 
     Federal funds for any coral conservation project under this 
     section may not exceed 50 percent of the total cost of such 
     project. For purposes of this paragraph, the non-Federal 
     share of project costs may be provided by in-kind 
     contributions and other noncash support.
       (2) Waiver.--The Administrator may waive all or part of the 
     matching requirement under paragraph (1) if the Administrator 
     determines that no reasonable means are available through 
     which applicant can meet the matching requirement and the 
     probable benefit of such project outweighs the public 
     interest in such matching requirement.
       (c) Eligibility.--Any natural resource management authority 
     of a State or other government authority with jurisdiction 
     over coral reefs or whose activities directly or indirectly 
     affect coral reefs, or coral reef ecosystems, or educational 
     or nongovernmental institutions with demonstrated expertise 
     in the conservation of coral reefs, may submit to the 
     Administrator a coral conservation proposal under subsection 
     (e).
       (d) Geographic and Biological Diversity.--The Administrator 
     shall ensure that funding for grants awarded under subsection 
     (b) during a fiscal year are distributed in the following 
     manner:
       (1) No less than 40 percent of funds available shall be 
     awarded for coral conservation projects in the Pacific Ocean 
     within the maritime areas and zones subject to the 
     jurisdiction or control of the United States.
       (2) No less than 40 percent of the funds available shall be 
     awarded for coral conservation projects in the Atlantic 
     Ocean, the Gulf of Mexico, and the Caribbean Sea within the 
     maritime areas and zones subject to the jurisdiction or 
     control of the United States.
       (3) Remaining funds shall be awarded for projects that 
     address emerging priorities or threats, including 
     international priorities or threats, identified by the 
     Administrator. When identifying emerging threats or 
     priorities, the Administrator may consult with the Coral Reef 
     Task Force.
       (e) Project Proposals.--Each proposal for a grant under 
     this section shall include the following:
       (1) The name of the individual or entity responsible for 
     conducting the project.
       (2) A description of the qualifications of the individuals 
     who will conduct the project.
       (3) A succinct statement of the purposes of the project.
       (4) An estimate of the funds and time required to complete 
     the project.
       (5) Evidence of support for the project by appropriate 
     representatives of States or other government jurisdictions 
     in which the project will be conducted.
       (6) Information regarding the source and amount of matching 
     funding available to the applicant.
       (7) A description of how the project meets one or more of 
     the criteria in subsection (g).
       (8) Any other information the Administrator considers to be 
     necessary for evaluating the eligibility of the project for 
     funding under this title.
       (f) Project Review and Approval.--
       (1) In general.--The Administrator shall review each coral 
     conservation project proposal to determine if it meets the 
     criteria set forth in subsection (g).
       (2) Review; approval or disapproval.--Not later than 6 
     months after receiving a project proposal under this section, 
     the Administrator shall--
       (A) request and consider written comments on the proposal 
     from each Federal agency, State government, or other 
     government jurisdiction, including the relevant regional 
     fishery management councils established under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.), or any National Marine Sanctuary, with 
     jurisdiction or management authority over coral reef 
     ecosystems in the area where the project is to be conducted, 
     including the extent to which the project is consistent with 
     locally-established priorities;
       (B) provide for the merit-based peer review of the proposal 
     and require standardized documentation of that peer review;
        (C) after considering any written comments and 
     recommendations based on the reviews under subparagraphs (A) 
     and (B), approve or disapprove the proposal; and
        (D) provide written notification of that approval or 
     disapproval to the person who submitted the proposal, and 
     each of those States and other government jurisdictions that 
     provided comments under subparagraph (A).
       (g) Criteria for Approval.--The Administrator may not 
     approve a project proposal under this section unless the 
     project is consistent with the coral reef action strategy 
     under section 203 and will enhance the conservation of coral 
     reefs by--
       (1) implementing coral conservation programs which promote 
     sustainable development and ensure effective, long-term 
     conservation of coral reefs;
       (2) addressing the conflicts arising from the use of 
     environments near coral reefs or from the use of corals, 
     species associated with coral reefs, and coral products;
       (3) enhancing compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reefs or regulate the use and management of coral 
     reef ecosystems;
       (4) developing sound scientific information on the 
     condition of coral reef ecosystems or the threats to such 
     ecosystems, including factors that cause coral disease;
       (5) promoting and assisting to implement cooperative coral 
     reef conservation projects that involve affected local 
     communities, nongovernmental organizations, or others in the 
     private sector;
       (6) increasing public knowledge and awareness of coral reef 
     ecosystems and issues regarding their long term conservation;
       (7) mapping the location and distribution of coral reefs;

[[Page 25539]]

       (8) developing and implementing techniques to monitor and 
     assess the status and condition of coral reefs;
       (9) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems; or
       (10) promoting ecologically sound navigation and anchorages 
     near coral reefs.
       (h) Project Reporting.--Each grantee under this section 
     shall provide periodic reports as required by the 
     Administrator. Each report shall include all information 
     required by the Administrator for evaluating the progress and 
     success of the project.
       (i) Coral Reef Task Force.--The Administrator may consult 
     with the Coral Reef Task Force to obtain guidance in 
     establishing coral conservation project priorities under this 
     section.
       (j) Implementation Guidelines.--Within 180 days after the 
     date of enactment of this Act, the Administrator shall 
     promulgate necessary guidelines for implementing this 
     section. In developing those guidelines, the Administrator 
     shall consult with State, regional, and local entities 
     involved in setting priorities for conservation of coral 
     reefs and provide for appropriate public notice and 
     opportunity for comment.

     SEC. 205. CORAL REEF CONSERVATION FUND.

       (a) Fund.--The Administrator may enter into an agreement 
     with a nonprofit organization that promotes coral reef 
     conservation authorizing such organization to receive, hold, 
     and administer funds received pursuant to this section. The 
     organization shall invest, reinvest, and otherwise administer 
     the funds and maintain such funds and any interest or 
     revenues earned in a separate interest bearing account, 
     hereafter referred to as the Fund, established by such 
     organization solely to support partnerships between the 
     public and private sectors that further the purposes of this 
     Act and are consistent with the national coral reef action 
     strategy under section 203.
       (b) Authorization To Solicit Donations.--Pursuant to an 
     agreement entered into under subsection (a) of this section, 
     an organization may accept, receive, solicit, hold, 
     administer, and use any gift to further the purposes of this 
     title. Any moneys received as a gift shall be deposited and 
     maintained in the Fund established by the organization under 
     subsection (a).
       (c) Review of Performance.--The Administrator shall conduct 
     a continuing review of the grant program administered by an 
     organization under this section. Each review shall include a 
     written assessment concerning the extent to which that 
     organization has implemented the goals and requirements of 
     this section and the national coral reef action strategy 
     under section 203.
       (d) Administration.--Under an agreement entered into 
     pursuant to subsection (a), the Administrator may transfer 
     funds appropriated to carry out this title to an 
     organization. Amounts received by an organization under this 
     subsection may be used for matching, in whole or in part, 
     contributions (whether in money, services, or property) made 
     to the organization by private persons and State and local 
     government agencies.

     SEC. 206. EMERGENCY ASSISTANCE.

       The Administrator may make grants to any State, local, or 
     territorial government agency with jurisdiction over coral 
     reefs for emergencies to address unforeseen or disaster-
     related circumstance pertaining to coral reefs or coral reef 
     ecosystems.

     SEC. 207. NATIONAL PROGRAM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary may conduct activities to 
     conserve coral reefs and coral reef ecosystems, that are 
     consistent with this title, the National Marine Sanctuaries 
     Act, the Coastal Zone Management Act of 1972, the Magnuson-
     Stevens Fishery Conservation and Management Act, the 
     Endangered Species Act of 1973, and the Marine Mammal 
     Protection Act of 1972.
       (b) Authorized Activities.--Activities authorized under 
     subsection (a) include--
       (1) mapping, monitoring, assessment, restoration, and 
     scientific research that benefit the understanding, 
     sustainable use, and long-term conservation of coral reefs 
     and coral reef ecosystems;
       (2) enhancing public awareness, education, understanding, 
     and appreciation of coral reefs and coral reef ecosystems;
       (3) providing assistance to States in removing abandoned 
     fishing gear, marine debris, and abandoned vessels from coral 
     reefs to conserve living marine resources; and
       (4) cooperative conservation and management of coral reefs 
     and coral reef ecosystems with local, regional, or 
     international programs and partners.

     SEC. 208. EFFECTIVENESS REPORTS.

       (a) Grant Program.--Not later than 3 years after the date 
     of enactment of this Act, the Administrator 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 documents the effectiveness of 
     the grant program under section 204 in meeting the purposes 
     of this title. The report shall include a State-by-State 
     summary of Federal and non-Federal contributions toward the 
     costs of each project.
       (b) National Program.--Not later than 2 years after the 
     date on which the Administrator publishes the national coral 
     reef strategy under section 203 and every 2 years thereafter, 
     the Administrator 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 
     describing all activities undertaken to implement that 
     strategy, under section 203, including a description of the 
     funds obligated each fiscal year to advance coral reef 
     conservation.

     SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary to carry out this title $16,000,000 for each of 
     fiscal years 2001, 2002, 2003, and 2004, which may remain 
     available until expended.
       (b) Administration.--Of the amounts appropriated under 
     subsection (a), not more than the lesser of $1,000,000 or 10 
     percent of the amounts appropriated, may be used for program 
     administration or for overhead costs incurred by the National 
     Oceanic and Atmospheric Administration or the Department of 
     Commerce and assessed as an administrative charge.
       (c) Coral Reef Conservation Program.--From the amounts 
     appropriated under subsection (a), there shall be made 
     available to the Secretary $8,000,000 for each of fiscal 
     years 2001, 2002, 2003, and 2004 for coral reef conservation 
     activities under section 204.
       (d) National Coral Reef Activities.--From the amounts 
     appropriated under subsection (a), there shall be made 
     available to the Secretary $8,000,000 for each of fiscal 
     years 2001, 2002, 2003, and 2004 for activities under section 
     207.

     SEC. 210. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Conservation.--The term ``conservation'' means the use 
     of methods and procedures necessary to preserve or sustain 
     corals and associated species as diverse, viable, and self-
     perpetuating coral reef ecosystems, including all activities 
     associated with resource management, such as assessment, 
     conservation, protection, restoration, sustainable use, and 
     management of habitat; mapping; habitat monitoring; 
     assistance in the development of management strategies for 
     marine protected areas and marine resources consistent with 
     the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) 
     and the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1801 et seq.); law enforcement; conflict 
     resolution initiatives; community outreach and education; and 
     that promote safe and ecologically sound navigation.
       (3) Coral.--The term ``coral'' means species of the phylum 
     Cnidaria, including--
        (A) all species of the orders Antipatharia (black corals), 
     Scleractinia (stony corals), Gorgonacea (horny corals), 
     Stolonifera (organpipe corals and others), Alcyanacea (soft 
     corals), and Coenothecalia (blue coral), of the class 
     Anthozoa; and
        (B) all species of the order Hydrocorallina (fire corals 
     and hydrocorals) of the class Hydrozoa.
       (4) Coral reef.--The term ``coral reef'' means any reefs or 
     shoals composed primarily of corals.
       (5) Coral reef ecosystem.--The term ``coral reef 
     ecosystem'' means coral and other species of reef organisms 
     (including reef plants) associated with coral reefs, and the 
     nonliving environmental factors that directly affect coral 
     reefs, that together function as an ecological unit in 
     nature.
       (6) Coral products.--The term ``coral products'' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (8) State.--The term ``State'' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.

                        TITLE III--MISCELLANEOUS

     SEC. 301. 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. 302. 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.''.

[[Page 25540]]



     SEC. 303. 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. 304. 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. 305. 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''.

     SEC. 306. 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.

     SEC. 307. TECHNICAL CORRECTIONS TO NATIONAL MARINE 
                   SANCTUARIES ACT.

       (a) Cross Reference Correction.--Section 304(f)(2) of the 
     National Marine Sanctuaries Act (16 U.S.C. 1434(f)(2)) is 
     amended by striking ``paragraph (2)'' and inserting 
     ``subparagraphs (A) and (B) of paragraph (1)''.
       (b) Short Title Correction.--Section 317 of such Act (16 
     U.S.C. 1445 note) is amended by striking `` `The'' and 
     inserting ``the ` ''.
       (c) Effective Date.--Subsection (a) shall take effect 
     January 1, 2001.

            TITLE IV--STUDY OF EASTERN GRAY WHALE POPULATION

     SEC. 401. 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, and the other potential 
     impacts these factors may be having on 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.

                         TITLE V--MISCELLANEOUS

     SEC. 501. TREATMENT OF VESSEL AS AN ELIGIBLE VESSEL.

       Notwithstanding paragraphs (1) through (3) of sections 
     208(a) of the American Fisheries Act (title II of division C 
     of the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
     624)), the catcher vessel HAZEL LORRAINE (United States 
     Official Number 592211) and the catcher vessel PROVIDIAN 
     (United States Official Number 1062183) shall be considered 
     to be vessels that are eligible to harvest the directed 
     fishing allowance under section 206(b)(1) of that Act 
     pursuant to a Federal fishing permit in the same manner as, 
     and subject to the same requirements and limitations on that 
     harvesting as apply to, catcher vessels that are eligible to 
     harvest that directed fishing allowance under section 208(a) 
     of that Act.

  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.
  H.R. 1653, as amended, the Pribilof Islands Transition Act, was 
passed by the House in June 2000 with 400 aye votes. Unfortunately, the 
other body has not yet acted on it.
  The Pribilof Islands, St. Paul and St. George, are located in the 
Bering Sea and serve as the breeding ground of the North Pacific fur 
seal. The islands were settled when Russian fur seal traders forcibly 
kidnapped, relocated and enslaved Native Alaskan Aleuts to conduct fur 
seal harvests.
  This bill compensates local communities for expenses they incurred 
when the Federal Government, formerly the sole landowner and employer 
on the islands, withdrew its jobs and municipal services. It also 
authorizes funds to complete the environmental cleanup of the mess the 
Federal Government left on the islands during its 120-year reign. 
Finally, the bill establishes what NOAA must do before its 
responsibilities on the islands are terminated.
  This bill makes good on our promises to a group of Native Americans 
who served as virtual slaves to this country's government for 120 
years. I urge support of this legislation. It is long overdue.
  This measure also includes coral reef conservation provisions 
previously passed by the Senate. Coral reefs are threatened by a 
variety of natural impacts and human activities including coral 
disease, hurricanes, destructive fishing practices, pollution, and 
changing ocean conditions. Despite these threats, coral reefs support 
the economies of many local communities and are essential habitat for 
many of this nation's recreational and commercial fisheries.
  This legislation establishes new Federal-State-local partnerships to 
work on conservation and restoration programs. It authorizes Federal 
matching grants to protect and restore these valuable natural 
resources. It also authorizes NOAA to conduct mapping, monitoring, 
assessment, education, conservation, and management activities relating 
to coral reefs.
  Title IV would authorize a study, subject to appropriations, to 
determine the environmental and biological factors causing the recent 
die-offs and strandings of gray whales from the eastern Pacific stock. 
In addition, the study should include information from studies of the 
western Pacific stock of gray whales to the extent practicable. This 
study will give marine mammal scientists information on a number of 
issues regarding gray whales including, among other things, whether the 
eastern Pacific stock has reached the carrying capacity of the eastern 
Pacific Ocean. The language authorizes $290,000 for Fiscal Year 2001 
and $500,000 for each of Fiscal years 2002, 2003, and 2004.
  Title V would make two additional catcher vessels eligible to 
participate in the Bering Sea pollock fishery cooperatives authorized 
under the American Fisheries Act.
  I urge my colleagues to vote ``aye'' on this measure.
  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 rise in support of this legislation, although I must 
tell the gentleman that I am going to ask for a vote on this 
legislation because I am concerned about how these bills are being 
presented at this time.
  Mr. Speaker, I rise in support of this package of ocean and fishery 
related bills.
  This package includes the coral reef conservation legislation passed 
by the other body. The environmental health and condition of our 
Nation's coral reef resources are in a state of serious decline due to 
a combination of factors including polluted run-off and marine debris.
  Consequently, it is critical for the Congress to establish a 
comprehensive program at the Federal level to support scientific 
research, mapping, monitoring and restoration activities on the State 
and local level.
  I note that this package also includes a provision to direct the 
National Marine Fisheries Service to initiate a new scientific study 
concerning the eastern population of Pacific gray whales.

[[Page 25541]]

  For reasons that are poorly understood, hundreds of Pacific gray 
whales have washed up on the California coast over the past two years--
either in an emaciated condition, or dead. The increased frequency and 
number of strandings has generated great concern among marine mammal 
biologists in California, and up and down the Pacific coast.
  We need to better understand why these strandings are happening, and 
I urge NOAA to initiate this important study as quickly as possible.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume 
to the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. I thank the gentleman for yielding me this time.
  Mr. Speaker, this measure also includes, and I would like to point 
out, the coral reef conservation provisions similar to the legislation 
I introduced, H.R. 3919. This bill is extremely important in this 
regard, as coral reefs are threatened by a variety of natural impacts 
and human activities, including coral disease, hurricanes, destructive 
fisheries practices, pollution and changing ocean conditions. Despite 
these threats, coral reefs support the economies of many local 
communities and are essential habitat for many of this Nation's 
recreational and commercial fisheries.
  This legislation establishes new Federal-State-local partnerships to 
work on conservation and restoration programs. It authorizes Federal 
matching grants to protect and restore these valuable natural 
resources. It also authorizes NOAA to conduct mapping, monitoring, 
assessment, education, conservation and management activities relating 
to coral reefs.
  Mr. Speaker, I urge an ``aye'' vote on this measure.
  Mr. ABERCROMBIE. Mr. Speaker, I rise in support of this bill, which 
is vital for the health and future of America's coral reef resources. 
The estimated 4,200,000 acres of U.S. coral reef resources in the U.S. 
Exclusive Economic Zone (EEZ) are at high risk and in dire need of 
enhanced protection, research and management. This bill creates a much 
needed comprehensive mechanism to protect the Nation's coral reefs, as 
well as support the activities of the U.S. Coral Reef Task Force and 
other stakeholders. Coral reefs truly are the ``rainforests of the 
oceans.'' There have been many concerted efforts by the Administration, 
Congress, states, and local communities to protect and safely manage 
corals. Since the Coral Reef Task Force released its National Action 
Plan in March, Federal, state, territorial, and local partners have 
moved forward to improve our protection of these valuable and fragile 
areas through effective stewardship of coral reefs. This bill would 
provide needed authorization for coral conservation project funding and 
enhance needed partnerships to protect reefs. Designing an effective 
bill has taken ten long years, and I am pleased to see the efforts of 
Chairman Young, Mr. Miller, Mr. Saxton, Mr. Faleomavaega, and our 
Senate colleagues paying off in such grand fashion for a true success 
for our environment and marine resources.
  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. 1653, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. GEORGE MILLER of California. Mr. Speaker, I object to the vote on 
the ground that a quorum is not present and make the point of order 
that a quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________