[House Report 106-201]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-201

======================================================================



 
                     YUKON RIVER SALMON ACT OF 1999

                                _______
                                

 June 25, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1652]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1652) to establish the Yukon River Salmon Advisory Panel, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Yukon River Salmon Act of 1999''.

SEC. 2. YUKON RIVER SALMON PANEL.

  (a) Establishment.--
          (1) In general.--There shall be a Yukon River Salmon Panel 
        (in this Act 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 or any other Act.
          (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 in accordance with paragraph (2).
          (2) Appointees from alaska.--(A) The Secretary of State shall 
        appoint the members under paragraph (1)(C) from a list of at 
        least 3 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 
        subsection (b)(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. 3. ADVISORY COMMITTEE.

  (a) Appointments.--The Governor of Alaska may establish and appoint 
an advisory committee of not less than 8, but not more than 12, 
individuals who are knowledgeable and experienced with regard to the 
salmon fisheries on the Yukon River. At least 2 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. 4. EXEMPTION.

  The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Panel or to an advisory committee established under section 3.

SEC. 5. 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 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. 6. 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 any advisory committee 
established under section 3 when engaged in the actual performance of 
duties.
  (c) Treatment as Federal Employees.--Except for officials of the 
United States Government, all Panel members, alternate Panel members, 
and members of any advisory committee established under section 3 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. 7. 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. 8. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary of the 
Interior to carry out this Act $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 an advisory committee 
        established and appointed under section 3, 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 7(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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1652 is to establish the Yukon River 
Salmon Advisory Panel.

                  BACKGROUND AND NEED FOR LEGISLATION

    Over a ten-year period beginning in 1985, the United States 
and Canada met to negotiate a long-term agreement for the 
conservation of salmon stocks originating from the Yukon River 
in Canada. The headwaters of the Yukon River are located in 
Canada, and fishermen from both the United States and Canada 
harvest salmon originating there. Concerns over the level of 
each country's harvest and the conservation of the stocks 
sparked the negotiations between the U.S. and Canada.
    On February 3, 1995, the United States and Canada agreed, 
through an exchange of diplomatic notes, on an interim 
agreement for the conservation of salmon stocks originating 
from the Yukon River in Canada. The interim agreement 
implemented provisions agreed to by the parties and allowed the 
institutional arrangements to commence while negotiations 
continued on a long-term arrangement. This agreement was 
scheduled to expire on December 31, 1997, but it was extended 
until March 1998 to allow for future negotiations. The 
negotiations were unsuccessful and the interim agreement 
expired.
    The United States implemented the interim agreement through 
the enactment of the Fisheries Act of 1995 (Public Law104-43, 
Section VII). The implementing legislation created the United 
States section of the Yukon River Salmon Panel and a U.S. 
Advisory Committee. The U.S. section of the Panel is comprised 
of six members--a Federal official, appointed by the Secretary 
of State; a State of Alaska official, appointed by its 
Governor; and four knowledgeable and experienced individuals, 
nominated by the Governor of Alaska and appointed by the 
Secretary of State. Out of these four individuals, one is 
required to represent the interests of the lower Yukon River 
Fishing Districts, one must represent the interests of the 
upper Yukon River Fishing Districts, and at least one Panel 
member must be an Alaskan Native. Each member serves a four-
year term. The Act also created an Advisory Committee comprised 
of at least eight but no more than 12 individuals, with at 
least two members required to be Alaskan Natives. The Governor 
of Alaska appoints the Advisory Committee members, who serve 
two-year terms.
    The Fisheries Act of 1995 authorized appropriations of $4 
million for each fiscal year to carry out the Agreement. Of 
this appropriation, not more than $3 million was authorized for 
each fiscal year for the Department of the Interior and the 
Department of Commerce for survey, restoration, and enhancement 
activities. In addition, $400,000 was authorized for fiscal 
years 1996-1999 for the Yukon River Restoration and Enhancement 
Fund. To date, $200,000 has been appropriated annually for 
Yukon River Panel activities and $400,000 for the joint Yukon 
River Restoration and Enhancement Fund. Panel activities 
covered under the appropriation include travel expenses of the 
Panel members, alternate Panel members, U.S. members of the 
Joint Technical Committee, and members of the Advisory 
Committee when they are engaged in the actual performance of 
duties. The Restoration and Enhancement Fund is managed by the 
Panel. The Fund supports programs and directly associated 
research and management activities on either side of the U.S.-
Canada border, based on recommendations by the Joint Technical 
Committee and are directed toward the restoration and 
enhancement of Canadian-origin salmon stocks.
    Because the interim agreement has expired, it was unclear 
whether the Panel or the Advisory Committee, which were 
described in the interim agreement and created in the 1995 Act, 
were still viable. H.R. 1652 clarifies that the Panel and 
Advisory Committee remain in place to advise and recommend 
restoration and enhancement projects in lieu of an agreement. 
These Panel members and Advisory Committee members would also 
remain in place should a long-term agreement be implemented.
    In addition, H.R. 1652 authorizes funds for restoration and 
enhancement projects on the U.S. side of the Yukon River. If 
there is an agreement in effect between the U.S. and the 
Canada, funds are also authorized for joint restoration and 
enhancement projects. The projects and funds should be carried 
out and expended in accordance with any future agreement 
reached between the two countries.

                            COMMITTEE ACTION

    H.R. 1652 was introduced on April 29, 1999, by Congressmen 
Don Young (R-AK) and Jim Saxton (R-NJ). The bill was referred 
to the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
March 11, 1999, the Subcommittee held a hearing on the interim 
agreement, the 1995 Yukon River Salmon Act, and the need to 
allow the U.S. section of the Yukon River Panel to function 
without an agreement with Canada. The Administration testified 
in support of these measures. On May 6, 1999, the Subcommittee 
met to mark up the bill. There were no amendments and the bill 
was ordered favorably reported to the Full Committee by voice 
vote. On June 9, 1999, the Full Resources Committee met to 
consider the bill. Mr. Saxton offered an amendment in the 
nature of a substitute which made technical changes requested 
by the Administration. It was adopted by voice vote. The bill, 
as amended, was then ordered favorably reported to the House of 
Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section establishes the short title of the Act as the 
``Yukon River Salmon Act of 1999.''

Section 2. Yukon River Panel

    This section establishes the Yukon River Panel, its 
membership, functions, and designation as United States 
representatives on any future bilateral body. Membership on the 
Panel includes a federal government official, an official of 
the State of Alaska, and four Alaskans who are knowledgeable 
andexperienced with regard to salmon fisheries on the Yukon 
River. The designation of alternates, term lengths, and the decision 
process are also described.
    It is the intent of the Committee under section 2(a)(3) of 
H.R. 1652 that the Secretary of State, when negotiating an 
agreement with Canada, include in the agreement language that 
makes it clear that the Panel created in this legislation is 
the Panel to represent the United States in any future 
agreement with Canada on the conservation and management of 
Yukon River salmon stocks originating in Canada and the United 
States.

Section 3. Advisory Committee

    This section establishes the Advisory Committee. The 
Governor of Alaska may establish and appoint an Advisory 
Committee of not less than eight, but not more than 12, 
individuals who are knowledgeable and experienced with regard 
to salmon fisheries on the Yukon River. Advisory Committee 
members receive no compensation. Term lengths are two years and 
members may be reappointed.

Section 4. Exemption

    This section clarifies that the Panel and Advisory 
Committee are exempt from the requirements of the Federal 
Advisory Committee Act.

Section 5. Authority and responsibility

    This section directs that the State of Alaska Department of 
Fish and Game shall be named as the responsible management 
entity for the United States. It also requires that the Panel 
make recommendations to the responsible management entity. In 
addition, the Panel can also make recommendations to the 
Department of the Interior, Department of Commerce, the 
Department of State, the North Pacific Fishery Management 
Council, and other federal or State entities. This section also 
clarifies that all of the Panel's recommendations are advisory 
in nature.

Section 6. Administrative matters

    This section allows the Panel members and its alternates to 
receive compensation when engaged in the actual performance of 
duties. Travel expenses will be paid for the Panel members, 
alternates and any Advisory Committee member when performing 
their duties. None of the Panel members, alternates, or 
Advisory Committee members shall be considered federal 
employees while engaged in their duties, except for injury 
compensation or tort claims liability.

Section 7. Yukon River salmon stock restoration and enhancement 
        projects

    This section authorizes the Secretary of the Interior, in 
consultation with the Secretary of Commerce, to carry out 
projects to restore or enhance Yukon River salmon stocks. If 
there is an agreement in effect between the United States and 
Canada, this section allows money to be used for projects on 
the Canadian side of the Yukon River. Projects under this 
section shall be carried out in accordance with the agreement, 
and amounts available for projects shall be expended in 
accordance with the agreement and may be deposited in a joint 
account established by the agreement.

Section 8. Authorization of appropriations

    This section authorizes an appropriation of $4 million to 
the Secretary of the Interior for each of fiscal years 2000-
2003. The authorization of appropriation allows for travel 
expenses for the Panel members, alternate Panel members, and 
United States members of the Joint Technical Committee to be 
covered. In addition, any expenses incurred by the United 
States section of the Joint Technical Committee are authorized 
to be covered. Up to $3 million shall be available in each 
fiscal year for activities by the Department of the Interior 
and the Department of Commerce for survey, restoration, and 
enhancement activities related to Yukon River salmon stocks. 
Out of the $3 million, up to $1.2 million shall be available 
for projects under section 7(b) of the Act. In addition, 
$600,000 is earmarked for projects in the portion of the Yukon 
River drainage located in the United States that are 
recommended by the Panel.
    It is the Committee's intention that the $600,000 be used 
only for United States projects and not to cover any of the 
administrative costs funded under paragraphs 1 and 2 of this 
section. In addition, any money appropriated under paragraph 3 
of this section shall be used for both United States and 
Canadian projects. However, projects on the Yukon River 
originating in Canada will only be funded if there is an 
agreement in effect between the United States and Canada for 
the conservation and management of Yukon River salmon stocks.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The advisory committee authorized in H.R. 1652 is already 
authorized by existing law, and its functions could not be 
performed by one or more federal agencies nor by enlarging the 
mandate of another existing advisory committee.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings.--Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1652, the Yukon 
River Salmon Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1652--Yukon River Salmon Act of 1999

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that the federal government would spend about $16 
million over the next five years to implement H.R. 1652. The 
bill would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply. H.R. 1652 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would have no 
significant impact on the budgets of states, local, or tribal 
governments.
    H.R. 1652 would reauthorize the Yukon River Salmon Panel, 
which advises the Secretary of State on the negotiation of 
international agreements with Canada regarding management of 
certain salmon stocks from the Yukon River. This 6-member, 
salaried panel also advised the Secretaries of State, Commerce, 
and the Interior and other regulatory bodies on the 
conservation and management of such salmon stocks. The bill 
also would reauthorize a related advisory committee, an unpaid 
group of local citizens and other knowledgeable individuals who 
advise the panel.
    Section 7 of the bill would authorize the Secretary of the 
Interior, in consultation with the Secretary of Commerce, to 
carry out projects to restore salmon stocks originating from 
the Yukon River in Canada and the United States. Section 8 
would authorize the appropriation of $4 million for each of 
fiscal years 2000 through 2003 to carry out the legislation. Of 
this amount, $3 million would be available to the Secretaries 
of Commerce and the Interior for surveys and restoration 
projects and $0.6 million would be used for salmon research and 
management projects. The balance would cover administrative 
expenses such as panel salaries, travel expenses of the panel, 
the advisory committee, and the Joint Technical Committee 
established under a memorandum of understanding with Canada. 
Such costs also could include the United States' share of 
restoration costs that may be incurred under any future 
agreement between the U.S. and Canada.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1652 is shown in the following table. 
For purposes of this estimate, CBO assumes that the entire 
amounts authorized will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar programs. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              1999     2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\..................................        1        0        0        0        0        0
    Estimated outlays.....................................        1        0        0        0        0        0
Proposed changes:
    Authorization level...................................        0        4        4        4        4        0
    Estimated outlays.....................................        0        3        4        4        4        1
Spending under H.R. 1652:
    Authorization level \1\...............................        1        4        4        4        4        0
    Estimated outlays.....................................        1        3        4        4        4       1
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.

    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 1652 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would have no significant 
impact on the budgets of state, local, or tribal governments.
    Estimate prepared by: Deborah Reis.
    Estimate Approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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