[House Report 106-569]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-569
======================================================================
PRIBILOF ISLANDS TRANSITION ACT
_______
April 11, 2000.--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
together with
DISSENTING VIEWS
[To accompany H.R. 3417]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3417) to complete the orderly withdrawal of the National
Oceanic and Atmospheric Administration from the civil
administration of the Pribilof Islands, Alaska, 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 referred to as the ``Pribilof Islands Transition
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to complete the orderly withdrawal of the
National Oceanic and Atmospheric Administration from the civil
administration of the Pribilof Islands, Alaska.
SEC. 3. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR SEAL ACT OF
1966.
Public Law 89-702, popularly known and referred to in this Act 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 or
withhold 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 authorized under section
5(b)(3)(C) of the Pribilof Islands Transition Act.
``(4) Funding instruments and procedures.--In providing
assistance under this subsection the Secretary shall use
funding 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.), so as to foster maximum flexibility in the local
administration of such assistance.
``(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.--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
necessitated by the National Oceanic and Atmospheric Administration's
administration of the islands under the Fur Seal Act of 1966 to be
operated under a permit issued by the State of Alaska under section
46.03.100 of the Alaska Statutes.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
``(1) for assistance under subsection (a)--
``(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), such sums as may
be necessary for each of fiscal years 2001, 2002, and 2003.
``(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
it necessary for the efficient conduct of public business.
``(e) Immunity From Liability.--The Department of Commerce and the
National Oceanic and Atmospheric Administration shall not have any
liability under this Act 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 having provided
assistance to the State of Alaska under subsection (b).''.
SEC. 4. 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 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. 5. 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 Act; 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 Act.
(3) Rule of construction.--Nothing in this Act 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,
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--
(A) the State of Alaska determines that all
responsibilities of the Secretary, the Department of
Commerce, and the United States under the Pribilof
Islands Environmental Restoration Agreement between the
National Oceanic and Atmospheric Administration and the
State of Alaska, signed January 26, 1996, have been
fulfilled;
(B) the Secretary of Commerce has completed the
cleanup required under section 3(a) of Public Law 104-
91 (16 U.S.C. 1165 note);
(C) the Secretary of Commerce determines that 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)), as amended by this Act, can
be unconditionally offered for conveyance under that
section; and
(D) the Secretary of Commerce determines that all
amounts authorized under section 206(c)(1) of the Fur
Seal Act of 1966, as amended by this Act, have been
appropriated and obligated.
(3) Limitation on seeking contributions.--(A) After
subsection (c) becomes effective and except as provided in
subparagraph (C), no Federal agency or department shall seek
financial contributions from any Natives of the Pribilof
Islands for costs or fees incurred by the Secretary of Commerce
for actions taken pursuant to--
(i) the Pribilof Islands Environmental Restoration
Agreement between the Secretary and the State of Alaska
Department of Environmental Conservation; or
(ii) section 3(a) of Public Law 104-91 (16 U.S.C.
1165 note).
(B) Subparagraph (A) applies only to the following actions:
(i) The cleanup of any wastes, dumps, debris, storage
tanks, property, hazardous or unsafe conditions, and
contaminants, including petroleum products and their
derivatives, left by the National Oceanic and
Atmospheric Administration or any other Federal agency
or department prior to the date of enactment of this
Act on lands that it or its predecessor agencies
abandoned, quitclaimed, or otherwise transferred or are
obligated to transfer, to local entities or residents
on the Pribilof Islands, Alaska, pursuant to the Fur
Seal Act of 1966 (16 U.S.C. 1151 et seq.) or other
applicable law.
(ii) The closure of solid waste management facilities
or the designing, locating, contracting for,
redeveloping, permitting, or certifying of any solid
waste management facility on the Pribilof Islands.
(C) After subsection (c) becomes effective, the Secretary of
Commerce may seek contribution from the responsible Natives of
the Pribilof Islands for costs or fees incurred to cleanup any
wastes, dumps, debris, storage tanks, property, hazardous or
unsafe conditions, and contaminants, including petroleum
products and their derivatives, left by such Natives of the
Pribilof Islands after the date of enactment of this Act on
lands, except for landfills or solid waste management
facilities, that the National Oceanic and Atmospheric
Administration or its predecessor agencies abandoned,
quitclaimed, or otherwise transferred or are obligated to
transfer to local entities or residents on the Pribilof
Islands, Alaska, pursuant to the Fur Seal Act of 1966 (16
U.S.C. 1151 et seq.) or other applicable law.
(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 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 Act 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. 6. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Public Law 104-91 and the Fur Seal Act of 1966 are amended by--
(1) striking the heading for subsection (d) of section 3 of
Public Law 104-91; and
(2) moving and redesignating such subsection so 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 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. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is amended--
(1) in subsection (f) by striking ``1996, 1997, and 1998''
and inserting ``2001, 2002, and 2003''; 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, and 2003, the Secretary may provide to the State of
Alaska up to $2,000,000 per fiscal year to establish and
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, remediate,
and monitor contamination from lead paint, asbestos, and
petroleum from underground storage tanks that resulted from
National Oceanic and Atmospheric Administration of the Pribilof
Islands under the Fur Seal Act of 1966.
``(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' shall include the
Tanadgusix and Tanaq Corporations.''.
Purpose of the Bill
The purpose of H.R. 3417 is to complete the orderly
withdrawal of the National Oceanic and Atmospheric
Administration from the civil administration of the Pribilof
Islands, Alaska.
Background and Need for Legislation
History of the Pribilof Islands
The Pribilof Islands, St. Paul and St. George, are located
in the Bering Sea 800 miles west-southwest of Anchorage,
Alaska. The islands are the breeding grounds of the North
Pacific fur seal. Each island contains about 44 square miles of
land. Roughly 780 people live on St. Paul, and 120 reside on
St. George.
The islands were discovered in 1786 by Russian explorers
who were searching for the fur seal breeding grounds. To
exploit the fur seals for their pelts, the Russians relocated
and enslaved Aleuts from the Aleutian Islands to the Pribilof
Islands. These Native Alaskans were experienced seal hunters,
and the pelts they harvested were tremendously valuable in
China, Russia, and Europe.
When the federal government acquired Alaska in 1867, that
purchase included the Pribilof Islands. In 1868, the Islands
were declared to be a special Federal Reserve for the purpose
of managing fur seals and other fur-bearing species. The
federal government contracted with private firms for the
harvest of fur seals and the Aleuts continued to conduct the
harvests as employees of these firms. It is estimated that the
federal government's portion of the profit from the fur seal
trade paid for the purchase price of Alaska in roughly 20
years.
By 1890, the fur seal population was in decline and when
the last private contract ended in 1909, it was estimated that
only 300,000 fur seals remained worldwide. In 1910, Congress
passed ``An Act to protect the seal fisheries of Alaska, and
for other purposes.'' The 1910 Act vested the authority to
manage and protect fur seals in the Secretary of Commerce and
Labor, and prohibited anyone other than an officer, agent or
employee of the federal government from killing seals. The Act
further required that Pribilovians were to be employed in the
seal harvest and to receive fair compensation for their labor.
To administer the fur seal management program, the Secretary
was given ``the authority to furnish food, shelter, fuel,
clothing and other necessities of life to the native
inhabitants of the Pribilof Islands and to provide for their
comfort, maintenance, education and protection.''
Minor amendments were made to the Act in 1912 to give
effect to the Fur Seal Treaty of July 7, 1911, between the
United States, Great Britain, Japan and Russia. In 1944, the
Act was repealed and replaced with the Fur Seal Act of February
26, 1944. This measure gave control of the fur seals and other
fisheries resources in Alaska to the Secretary of the Interior
acting through the Bureau of Commercial Fisheries (BCF). The
Fur Seal Act of 1944 was a result of Japan's abrogation of the
Fur Seal Treaty at the outbreak of World War II, and a new fur
seal conservation measure that was reached with Canada in 1942.
After the Japanese attack on Dutch Harbor, Alaska, in 1942, the
residents of the Pribilofs and other Aleuts were interned by
the United States Government for the remainder of the war.
In 1949, the Secretary of the Interior conducted a study of
the living conditions on the Pribilofs and in other Native
communities around the Bering Sea. As a result, a job
classification and wage-based compensation system was
established for Pribilovian federal employees. Nonetheless,
food, housing, health, and education costs were still paid by
the government. The study also recommended that the St. Paul
community receive a charter, constitution and bylaws under the
1934 Indian Reorganization Act (IRA). The St. Paul charter was
established in 1950. In 1951, the St. Paul IRA council filed a
claim for native land rights and compensation for past
injustices. The land rights were ultimately resolved by the
Alaska Native Claims Settlement Act (ANCSA) in 1971. The claim
for past injustices was ultimately brought under the Fair and
Honorable Dealings Act and was settled in 1976. In 1988, the
Pribilovians and other Aleuts who were interned in World War II
received additional compensation as part of the legislation
that compensated Japanese American internees.
In 1957, the United States, Japan, the Soviet Union and
Canada entered into a new international agreement to protect
fur seals, the Interim North Pacific Fur Seal Convention. It
established a Fur Seal Commission to coordinate research and
management of the fur seal resource. In 1959, the BCF announced
that sealing would become a seasonal activity and recommended
that the Pribilovians be relocated and given job training.
Local opposition scuttled efforts to relocate the Island
residents, and Interior then encouraged voluntary relocation of
St. George residents to St. Paul. No new homes were built on
St. George and vacant homes were destroyed. After Congressional
hearings in 1965, the relocation policy was abandoned.
In 1963, the BCF issued a report entitled, Program for
Administration of the Pribilof Island Federal Reservation
Embracing Management of the Fur Seal Resources and Development
of the Resident Aleut Inhabitants. As a result of work that
went into preparing the report, the BCF began applying the
Federal Civil Service wage scale on the Islands in 1962. As a
result, rent and food subsidies were reduced, but the federal
government continued to provide municipal and social services.
Fur Seal Act of 1966
In 1965, the Senate Commerce Committee held hearings on the
role of the federal government on the Pribilof Islands. As a
result of those hearings, Congress adopted the Fur Seal Act of
1966 (Public Law 89-702, codified at 16 U.S.C. 1151 et seq.).
Title I of that Act conformed fur seal management policies to
the 1957 Convention, as amended. Title II dealt with the
management of the Islands' municipal affairs. The Act directed
the Secretary to convey a town site, subject to payment, on St.
Paul once it was determined that a self-governing community
existed there. No municipal government was chartered until 1971
when St. Paul became a fourth-class Alaskan city. St. George
became a second-class Alaskan city in 1983.
St. Paul and St. George both established village
corporations under ANCSA. St. Paul residents established the
Tanadgusix Corporation (TDX) and St. George established the
Tanaq Corporation. In 1976, NOAA entered into a Memorandum of
Understanding with TDX and Tanaq which identified the tracts of
property the government intended to retain. Under Section 3(e)
of ANCSA, the government was directed to retain the ``smallest
practicable tracts enclosing land actually used in connection
with the administration of a Federal installation.'' However,
ANCSA conveyed to the Native corporations rights to the core
township lands on which each village was located. This
established a conflict between the 1966 Fur Seal Act and ANCSA.
However, given the choice of buying their land or having it
conveyed at no cost under ANCSA, the St. Paul residents voted
to receive land under ANCSA, and the Department of the Interior
ruled that ANCSA preempted the earlier law. By 1983, each
Island was home to an IRA tribal council, a municipal
government, and a village corporation. TDX received the right
to select 138,240 acres of land in the Aleutians, on the Alaska
Peninsula and on St. Paul. Ultimately, 113,000 acres have been
conveyed to TDX. Tanaq received an entitlement of 115,200
acres, of which 106,000 acres were ultimately conveyed.
In 1970, the BCF became part of the newly formed National
Oceanic and Atmospheric Administration (NOAA) within the
Department of Commerce. Within NOAA, responsibility for marine
mammal management was delegated to the National Marine
Fisheries Service.
Upon the recommendation of the Fur Seal Commission in 1973,
St. George was set aside as a reserve and no further sealing
was conducted on the island. The Commission wanted to compare a
fur seal population which faced hunting pressure with one that
did not.
Federal Transfer Plan
By 1983, the fur seal harvest had diminished, but federal
expenditures on the Islands had risen to $6.3 million annually.
NOAA estimates that 95 percent of those expenditures were for
municipal and social services. NOAA proposed a scheme to
transfer municipal operations on the Islands to local control,
and end the federal subsidy. NOAA Administrator Anthony J.
Calio best laid out this plan in a November 1, 1982, letter to
all Island residents. This letter states:
To ensure a smooth transition and to foster
development of a new and expanded economic base, [NOAA]
propose[s] to provide a one-time payment of $20
million, to be placed in trust, which will provide you
with the resources necessary for general community
expenses during the interim period, as well as working
capital so badly needed for economic development * * *.
As you know, harbor facilities will be vital to the
success of your efforts to establish a viable economic
base. In order for our proposal to be successful, we
must have assurance of State of Alaska] support for
these harbor facilities. The proposed $20 million fund
is contingent on a firm State commitment * * *. The
National Marine Fisheries Service has substantial
property holdings on the Islands. [NOAA] propose[s] to
transfer this property, with a few exceptions, * * * to
the Islands. In the future, community and municipal
services will be provided by Island organizations, and
this property, which includes land, buildings,
equipment and supplies, is vital to the provision of
such services. Under [the NOAA] proposal, the Islands
would be responsible for conducting the annual seal
harvest and for the associated marketing of the seal
skins. To assure the long-term success of this effort,
we will provide all resources needed to conduct the
1983 harvest. Commencing in 1983 all [U.S. shares of]
skins, seals and byproducts * * * will belong to the
Islanders and when sold should provide you with the
resources needed to successfully conduct future
harvests * * *. The phaseout of the Pribilof Islands
Program will significantly reduce associated Federal
jobs. We would expect some of these jobs would
naturally transfer to the Island-operated seal harvest
and marketing and for the provision of Island services.
During the harbor facility construction period, we can
foresee many employment opportunities and once the
fishing or other industries come on line, job
possibilities should expand significantly.
A Memorandum of Intent signed by Calio and Island leaders
was also included with this letter. This memorandum states:
``The parties hereto recognize the State of Alaska's
appropriation of the monies necessary to construct boat harbors
on St. Paul and St. George Islands * * * is an indispensable
contribution to achieving the goal of self-sufficiency on the
Pribilof Islands.''
Administrator Calio also described this plan in May 19,
1983, testimony before the Merchant Marine and Fisheries
Committee on H.R. 2840, an Administration-drafted bill to
provide for the orderly termination of federal management of
the Pribilof Islands. He stated the NOAA proposal which was
reflected in the bill would, ``create a $20 million fund to
replace annual Federal appropriations which, when combined with
a state initiative to construct harbors on both islands, would
give the Pribilovians the resources needed to make the
transition to a self-sustaining economy; to transfer most real
and personal property owned by the Federal Government to the
islanders; to transfer responsibility for the fur seal harvest
to the islanders; and to help the islanders get job training.''
Later in that testimony he again reiterated the importance of
harbor construction to the success of this scheme, when he
said, ``The transfer of Federal property on the islands and the
appropriation of the $20 million, in concert with State
contributions for the construction of harbors on each island,
will give the Pribilovians the unique opportunity to develop a
diversified and enduring economy.''
The State of Alaska also testified at that hearing. The
State witness made clear that, though the Governor had
requested $10.4 million for harbor construction, those funds
had not been approved and might not be sufficient to complete
the harbor projects even if approved. The State also noted
that:
given the checkered history of the Federal Government's
relationship to the Pribilovians, there is a moral if
not legal obligation that should not be overlooked * *
* [W]e perceive the conception that the State of Alaska
will simply fill the void created by the Federal
Government's abrupt departure. We can make no such
commitment * * * [T]he economic, social and
infrastructure requirements of the Pribilofs are
immense * * * [T]he Federal Government must be willing
to upgrade existing facilities to minimum State health
and safety standards.
On October 14, 1983, the Fur Seal Act Amendments of 1983
(Public Law 98-129) were enacted based on NOAA's proposed plan.
The 1983 Fur Seal Act Amendments required NOAA to appoint a
trustee; enter into a Transfer of Property Agreement (TOPA)
with the local entities; continue to administer retirement
benefits; and continue to manage the seal rookeries according
to the Fur Seal Convention. The trust fund agreement was signed
on November 21, 1983. As requested by the people of St. George,
the fund was divided into two separate parts, with the fund for
St. Paul being established on March 14, 1984, and that for St.
George being established on March 27, 1984. According to a
formula determined by the Secretary of Commerce, the monies
were divided into $12 million for St. Paul and $8 million for
St. George. Because a portion of the trust fund monies had to
be diverted from its intended purpose to pay for harbor
development, St. Paul received a supplemental trust fund
appropriation of $3 million, and St. George received an
additional $3.7 million. Under the 1983 amendments, the State
assumed responsibility for public education on the Islands and
the Secretary of Health and Human Services was given
responsibility for providing medical and dental services.
A. Harbor construction
By 1986, St. Paul had a 750-foot breakwater and a 200-foot
dock. This development used a significant amount of the $7
million appropriated by the State. Unfortunately, these
structures were badly damaged during storms. Additional funds
were needed to develop a usable harbor. Therefore, St. Paul
applied to the Army Corps of Engineers to construct a larger
harbor, breakwater and dock. The dimensions were established in
a 1979 Corps study, which also called for a channel to be
dredged down to 23 feet below mean low water. The City of St.
Paul's request was approved in 1988 under the Water Resources
Development Act. The federal government provided over $19.6
million for the project in 1989. State and local funds were
used to pay the cost of items of local cooperation. In 1996,
Congress authorized an additional $18.9 million in harbor
improvements. Today the harbor is functioning, and several crab
processing facilities are located there. Unfortunately, a
collapse of the opilio Tanner crab fishery lead to a 75 percent
reduction in processing in 2000, and will likely lead to a
total closure of the fishery in 2001.
As for St. George, in 1984, the Island gained State
approval and initial funding to construct a harbor, but the
State funding was ultimately reduced from $3 million to $1
million. The Army Corps of Engineers provided $4 million in
dredging assistance in 1988, and an additional $3 million in
1993. Despite these expenditures, and significant expenditures
by the City, the St. George harbor project remains incomplete.
The City also owes the Army Corps of Engineers $1.1 million to
reimburse cost overruns.
B. Property transfers and clean up
Pursuant to Section 205 of the 1983 Fur Seal Act
Amendments, NOAA entered into a Transfer of Property Agreement
with the municipal governments, village corporations and tribal
councils on the Islands and the State of Alaska to receive a
portion of the property that was originally scheduled to be
retained by NOAA. This agreement has withstood a court
challenge, and most of the property has been transferred.
Residents of the Pribilofs and the State of Alaska have
been working with NOAA to resolve concerns over the cleanup of
contaminated federal property that has been or is scheduled to
be transferred. NOAA and the State of Alaska signed the
Pribilof Islands Environmental Restoration Agreement (Two Party
Agreement). However, the Pribilovians continue to have concerns
about the scope and timeliness of cleanup efforts. The State
also raised concerns about the pace of the cleanup. In the
first half of 1999, the State found NOAA in violation of the
Two Party Agreement. To remedy those deficiencies, NOAA
transferred responsibility for the cleanup effort to its Office
of Response and Restoration. By the end of 1999, the State
determined that NOAA was again in compliance with the
Agreement.
Between 1993 and 1995, extensive discussions were
undertaken between Alaska's Congressional representatives,
representatives of the Pribilof Island entities, and NOAA. The
Pribilovians maintained that the 1983 transition process had
failed and that NOAA was not making sufficient efforts to
resolve environmental pollution problems related to the federal
government's reign on the Islands. NOAA maintained it had met
all its applicable legal responsibilities.
To clarify NOAA's legal responsibilities and determine the
full scope of the Pribilovians concerns, Congress enacted
Section 3 of Public Law 104-91 in 1996. Section 3 requires NOAA
to remedy environmental contamination on property that it has
or will transfer, prohibits any effort to require a financial
contribution toward that cleanup from the Islands' residents,
and directs the use of local entities in the cleanup wherever
practicable. It also directs NOAA to submit a report to
Congress proposing necessary actions to resolve all claims and
permit final implementation of Title II of the Fur Seal Act,
land conveyances on the Pribilofs, and the cleanup provisions
contained in Section 3. As part of the report, NOAA was
required to include any statements of claims or recommendations
submitted by the Pribilovians. These claims were submitted and
the Department of Commerce submitted its report to Congress in
March 1997.
Claims were filed on:
(1) the failure of NOAA to develop an adequate private
economy on the Islands. The provisions of the 1983 Fur Seal
Amendments state that the trust funds were established ``to
promote the development of a stable, self-sufficient enduring
and diversified economy not dependent on sealing.'' NOAA denies
any ongoing obligation to promote economic development on the
Islands, to repair houses that were transferred under ANCSA or
the 1983 Fur Seal Act Amendment, or to pay the cost of
providing municipal infrastructure that was adequate to meet
the Islands' needs and meet code standards;
(2) the failure of the transition to a private economy. The
Pribilovians maintain that the federal government failed to
build the harbors, eliminated fur seal harvests, and failed to
administer the transition properly. NOAA maintains that it met
its obligations under the 1983 Fur Seal Act Amendments;
(3) the distribution of real property. The courts are now
reviewing the 1983 TOPA;
(4) the use, adequacy and purpose of the trust. NOAA
maintains it has carried out its obligations under the 1983 Fur
Seal Act Amendments;
(5) the distribution of access to fishery resources in
Bering Sea. Fishery resources are managed under the Magnuson-
Stevens Fishery Conservation and Management Act, and are beyond
the scope of the report requested by Congress;
(6) the subsistence fur seal harvest and the continued
management of fur seal rookeries. NOAA is concerned about the
impact of economic development on fur seal populations, and
maintains that the subsistence harvest is being implemented
fairly in accordance with the 1983 Fur Seal Act Amendments;
(7) federal retirement benefits. NOAA is continuing to
educate the Pribilovians on the federal retirement program as
it applies to workers on the Pribilofs, and to resolve
individual problems on a case-by-case basis; and
(8) environmental cleanup. Pribilof residents maintain that
NOAA has extensive cleanup responsibilities under Section 3 of
Public Law 104-91 that are not being met. NOAA maintains that
it is working to complete cleanup under the Two Party
Agreement, and is taking necessary environmental compliance
actions on the property it intends to retain.
H.R. 3417
As required under the 1983 Fur Seal Act Amendments, the
federal government did create and fund the $20 million Trust
Fund, but the State of Alaska did not commit to fund
construction of harbors on the Islands beyond monies already
included in the State budget. Real and personal property has
been transferred by the federal government, but the
municipalities maintain that it failed to meet the Islands'
public infrastructure needs. In 1984, the Senate failed to
extend the Fur Seal Treaty, thus ending fur seal harvests. In
other words, three of the four elements of the transfer plan
failed--the harbors were not built in a timely fashion, the
infrastructure needed to conduct municipal business was
inadequate and no income was available from fur sealing.
Without the other components in place, the $20 million Trust
Fund was used for harbor construction, infrastructure repair
and replacement, and social needs. This delayed the development
of a self-sufficient economy on the Islands.
It is clear that the failure to construct harbors on the
Islands in a timely manner meant failure of the transition
scheme laid out by NOAA and adopted by Congress in 1983. To
make good on the 1983 commitments, H.R. 3417 provides
additional resources to the Pribilovians. The bill also sets
out the terms under which NOAA will terminate its non-fur seal
management responsibilities on the islands.
In an effort to foster the independence of the Pribilof
communities from federal agency oversight, the Committee has
chosen not to specify how this assistance is to be used.
However, the Committee urges the entities that receive
assistance under this bill to review their current financial
situations and develop realistic long range plans. If the funds
are used to meet daily expenses rather than to make long-term
investments, it would not be in the best interest of Island
residents. The Committee urges the entities to work together to
leverage the greatest possible benefit from the funds provided.
Section-by-Section Analysis
Section 1. Short title
The short title of this Act is the Pribilof Islands
Transition Act.
Section 2. Purpose
The purpose of this Act is to complete the orderly
withdrawal of the National Oceanic and Atmospheric
Administration (NOAA) from the civil administration of the
Pribilof Islands, Alaska.
Section 3. Financial assistance for Pribilof Islands under Fur Seal Act
of 1966
Section 3 amends the Fur Seal Act and authorizes several
types of economic assistance for the Pribilof Islands. The
Secretary of Commerce is authorized to provide assistance to
local entities on the Pribilof Islands, including city
governments, village corporations, and tribal councils (the
entities). This section restricts the use of the funds by the
Secretary for debt settlement, administrative or overhead
expenses, or for contributions to federal agencies. In
addition, this section directs the Secretary to use funding
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.
This section authorizes $28 million for grants to the
tribal council, village corporation, and city government on
each Island. The grants will be distributed each fiscal year in
the same proportions in which the amounts are authorized for
the entities. Grants received under this section may be used as
non-federal matching funds for other federal programs that
require such funds; however, this section specifically
prohibits lobbying activities with any of the funds provided
under H.R. 3417.
This section also authorizes the Secretary to provide
assistance to the State of Alaska to open or redevelop solid
waste disposal facilities on the Islands. This section
authorizes such sums as are necessary for each of Fiscal Years
2001, 2002 and 2003 to allow the Secretary to provide
assistance to the State of Alaska to build, design, site or
redevelop solid waste management facilities on the Islands.
This section also provides NOAA with immunity from liability
associated with or resulting from providing assistance to the
State of Alaska for solid waste management facilities.
Section 4. Disposal of property
Section 4 amends Section 205 of the Fur Seal Act of 1966 to
require the Secretary to submit a report to Congress within
three months of enactment that describes the status of property
that was to have been transferred from federal ownership to
local control under a variety of agreements and laws,and
identifies all properties that will be retained by the federal
government. This section also strikes a subsection of the Fur Seal Act
that previously required a report to be submitted to Congress.
Section 5. Termination of responsibilities
Section 5 terminates any future federal government
responsibility to provide economic development assistance,
above and beyond what is expected for other communities
throughout the United States, to the Pribilof Islands entities,
with the exception of previously identified causes of action.
Section 5 also terminates the federal government's
responsibilities to remediate contamination of properties that
are transferred to the local entities on the Pribilof Islands.
The termination of the federal government's responsibilities
occurs on the date that the federal government meets its
responsibility for environmental cleanup under the Two Party
Agreement and Section 3(a) of Public Law 104-91, all properties
can be unconditionally offered for transfer, and the Secretary
has obligated all of the funds that are authorized for grants
to local entities.
This section allows the federal government to seek
financial contribution from the Pribilof Islands entities for
costs incurred to remediate environmental contamination caused
by those entities.
This section reserves certain rights for NOAA including the
right for continued access to transferred property to conduct
environmental monitoring and for operation and eventual closure
of treatment facilities.
Section 6. Technical and clarifying amendments
Section 6 makes technical and clarifying changes to Public
Law 104-91 and the Fur Seal Act.
Section 7. Authorization of appropriations
Section 7 provides additional authorization to carry out
environmental cleanup activities on the Pribilof Islands. It
allows a portion of the cleanup funds to be used by the State
to establish a low interest loan program to clean up asbestos,
lead paint, and petroleum contamination from underground
storage tanks. This section also amends Public Law 104-91 by
reauthorizing appropriations for Fiscal years 2001, 2002 and
2003.
Committee Action
H.R. 3417 was introduced on November 17, 1999, by
Congressman Don Young (R-AK). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On
July 29, 1999 the Subcommittee held a hearing on draft
legislation that was a precursor to H.R. 3417. On March 15,
2000, the Full Resources Committee met to consider H.R. 3417.
The Subcommittee on Fisheries Conservation, Wildlife and Oceans
was discharged from further consideration of the bill by
unanimous consent. Mr. Young offered an amendment in the nature
of a substitute that authorized grants to the village
corporations, municipal governments and tribal councils on the
two Islands, and to the State of Alaska to construct new solid
waste management facilities; specified the actions that NOAA
has to take to terminate its civil administration
responsibilities on the Islands; clarified that NOAA cannot
reduce the grant amounts to pay for administrative or overhead
expenses, that NOAA has no liability for facilities built by
the State, that partial appropriations will be prorated to the
Native groups based on the overall division specified in the
bill, that NOAA may not charge local groups to clean up
environmental pollution left by them, but may charge the groups
to clean up pollution generated by a local group; and assured
NOAA access to property that it will retain for the purpose of
managing fur seal rookeries. The amendment was adopted by voice
vote. The bill as amended was then ordered favorably reported
to the House of Representatives by voice vote.
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.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant 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, April 3, 2000.
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. 3417, the Pribilof
Islands Transition Act.
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. 3417--Pribilof Islands Transition Act
Summary: Assuming appropriation of the necessary amounts,
CBO estimates that implementing H.R. 3417 would cost the
federal government about $67 million over the next five years.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 3417
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). The bill
would benefit local governments and native corporations of the
Pribilof Islands by authorizing funds for financial assistance,
environmental cleanup, and construction of new facilities.
H.R. 3417 would authorize the appropriation of a total of
$58 million over the next three fiscal years. Under the bill,
the National Oceanic and Atmospheric Administration (NOAA)
would pay $28 million in 2001 for financial assistance to local
governments and native corporations of the Pribilof Islands in
Alaska. NOAA would use $10 million annually for fiscal years
2001, 2002, and 2003 to finish environmental cleanup of the
islands. Up to $2 million annually (of the $10 million) could
be provided to Alaska to capitalize a revolving fund, which
would be used to finance loans to local governments for cleanup
of other environmental problems. In addition to the $58 million
specifically authorized to be appropriated, the bill would
authorize the appropriation of whatever sums are necessary for
the development and construction of solid waste management
facilities on the islands.
Other provisions of H.R. 3417 address the disposal of
federal property on the islands (which is already authorized
under existing law) and limit the federal government's
liability and responsibility for previous and future actions.
CBO estimates that these provisions would have no impact on the
federal budget.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 3417 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2001 2002 2003 2004 2005
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 40 17 10 0 0
Estimated Outlays............... 37 16 10 3 1
------------------------------------------------------------------------
Basis of estimate: For purposes of this estimate, CBO
assumes that H.R.. 3417 will be enacted during fiscal year 2000
and that the entire amounts specifically authorized or
estimated to be necessary will be appropriated for each fiscal
year beginning in 2001. In each year the authorization levels
include $10 million for environmental cleanup as authorized by
section 7. The 2001 authorization level includes the entire $28
million specified for local assistance and an estimated $2
million for planning and design of solid waste facilities. The
2003 authorization levels includes $7 million for construction
of these facilities. The $9-million total cost of this project
is estimated on the basis of information provided by NOAA. We
assume that the agency would transfer this amount to the state,
which would carry out the project, in two payments.
Outlays for environmental cleanup have been estimated on
the basis of historical patterns for similar activities.
Outlays for local financial assistance and funding for the
solid waste facility are assumed to be paid directly to state
and local authorities in the year appropriated.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 3417
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit local governments and
native corporations of the Pribilof Islands by authorizing
funds for financial assistance, environmental cleanup, and
construction of new facilities. The bill would impose no costs
on any other state, local, or tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Keith Mattrick.
Estimate approved by: Peter H. Fontaine, Deputy 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
THE ACT OF NOVEMBER 2, 1966
AN ACT To protect and conserve the North Pacific fur seals, to provide
for the administration of the Pribilof Islands, to conserve the fur
seals and other wildlife on the Pribilof Islands, and to protect sea
otters on the high seas.
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fur Seal Act of 1966''.
* * * * * * *
TITLE II--ADMINISTRATION OF THE PRIBILOF ISLANDS
Sec. 201. The Secretary shall administer the fur seal
rookeries and other Federal real and personal property on the
Pribilof Islands, with the exception of lands purchased by the
U.S. Fish and Wildlife Service under section 1417 of the Alaska
National Interest Lands Conservation Act (Public Law 96-487) or
acquired or purchased by any other authority after enactment of
the Fur Seal Act Amendments of 1983 and, in consultation with
the Secretary of the Interior, shall ensure that activities [on
such Islands] on such property are consistent with the purposes
of conserving, managing, and protecting the North Pacific fur
seals and other wildlife and for other purposes consistent with
that primary purpose.
* * * * * * *
Sec. 205. (a) * * *
* * * * * * *
[(c) Within 60 days of the transfer of real or personal
property specified in the document described in subsection (a),
the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate shall be given a report prepared
by the Secretary stating the fair market value at the time of
the transfer of all real and personal property conveyed.]
(c) Not later than 3 months after the date of 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.
* * * * * * *
[(g) The Secretary shall submit to Congress a report, no
later than October 1, 1983, providing information on the status
of the negotiations for concluding the documents described in
subsections (a) and (d) of this section.
[Sec. 206. (a)(1) In order to promote the development of a
stable, self-sufficient enduring and diversified economy not
dependent on sealing, the Secretary shall cause to be
established a Trust for the benefit of the Natives of the
Pribilof Islands, to be known as the ``Pribilof Islands Trust''
(hereinafter referred to as the ``Trust'').
[(2) All amounts appropriated to the Secretary under
subsection (e) of this section shall be transferred by the
Secretary to the Trust within fifteen days after submission of
the Trust instrument to Congress in accordance with the
requirements of subsection (c).
[(3) Except as provided in subsection (e)(2), none of the
amounts transferred to the Trust pursuant to paragraph (2)
shall be distributed by the trustee or trustees for the benefit
of the Natives of the Pribilof Islands until 30 days after
submission to Congress of the documents described in section
205 (a) and (d). Such distributions shall be made by the
trustee or trustees only after the Secretary has determined
that such Trust has been established and will be operated in
accordance with a trust instrument, or instruments, approved by
the Secretary which further the purposes and policies of this
Act.
[(4) Until the termination of the period described in
paragraph (3), the trustee or trustees shall invest the amounts
transferred pursuant to paragraph (2) in securities with
maturities suitable for the needs of the Trust, bearing
interest rates at rates determined by the trustee or trustees,
taking into consideration average market yields on outstanding
marketable obligations of the United States of comparable
maturities. The income from such investments shall be credited
to, and form a part of the Trust.
[(b) The Trust shall be administered in accordance with such
terms and conditions as are prescribed by the Secretary, and as
set forth in the Trust instrument. In establishing such terms
and conditions, the Secretary shall consult with the Natives of
the Pribilof Islands, and other interested parties concerning
the conservation, management and protection of the fur seal
population.
[(c) There may be one Trust instrument establishing the Trust
described in section 206(a), or two such instruments, each
relating to one of the two portions of the Trust as provided in
subsection (d), which shall address, but need not be limited
to, such matters as--
[(1) establishing standards and procedures for the
disbursement by the trustee or trustees of Trust assets
for purposes of fostering in the Pribilof Islands a
stable, diversified, and enduring economy not dependent
upon sealing after Federal management of the islands is
terminated, which procedures may include formal
participation of Pribilof Islands Native councils,
corporations, or other such entities;
[(2) establishing the Secretary as trustor;
[(3) establishing the procedure for appointment of
the trustee or trustees by the Secretary after
consultation with the Natives of the Pribilof Islands;
[(4) setting forth the rights, duties, powers and
obligations of a trustee who shall act as an
independent fiduciary and who shall be a United States
citizen having recognized competence in business;
[(5) providing for the management and investment of
Trust assets, pending distribution, by an investment
manager or advisor, who may be the trustee, having
recognized competence in such fields;
[(6) establishing methods and procedures for
providing Congress and the Secretary with the annual
reports described in subsection (g) of this section;
[(7) establishing Trust purposes in accordance with
the purposes described in section 201 of this Act and
subsection (a) of this section;
[(8) the duties of the trustee or trustees and the
standards of care and diligence that shall govern the
exercise of trust powers thereunder;
[(9) compensation of the trustee or trustees;
[(10) the term, termination and final distribution of
the Trust estate;
[(11) mandating the applicability of the laws of the
State of Alaska to the creation and governance of the
Trust;
[(12) defraying of community expenses; and
[(13) payment of necessary administrative and legal
expenses. The Trust instrument or instruments described
in this subsection shall be submitted to Congress on or
before October 14, 1983.
[(d) The Trust shall be divided into two portions pursuant to
a formula established by the Secretary after consultation with
the natives of both Islands, to be accounted for separately for
the independent benefit of the community of St. Paul and the
community of St. George.
[(e)(1) There are authorized to be appropriated to the
Secretary $20,000,000 for the purpose of funding the Trust in
accordance with the requirements of subsection (a)(2) of this
section.
[(2) Prior to the termination of the period described in
subsection (a)(3) of this section, the trustee or trustees may
make interim distributions for the benefit of the Natives of
the Pribilof Islands, upon approval of the Secretary, of up to
five percent of the amounts transferred to the Trust pursuant
to subsection (a)(2) of this section if, as determined by the
Secretary, such interim distributions are required to carry out
the purposes of this Act.
[(f) The interest on, and the proceeds from the sale or
redemption of, any asset or obligation held in the Trust shall
be credited to and form a part of the Trust.
[(g) The trustee or trustees shall submit to Congress and to
the Secretary an annual report, the first of which is due on
April 30, 1984, and subsequent reports on the same date each
year thereafter during the life of the Trust, providing
information on expenditures made from the Trust and progress
towards achieving the purposes set out in subsection (a) of
this section. On April 30, 1986, the Secretary shall also
submit a report to the Congress detailing all progress toward
achieving these purposes since enactment of this Act. For
purposes of preparing such report, the Secretary by regulation
may require that the trustee and the State of Alaska submit
such relevant information to the Secretary as he deems
appropriate.
[(h) The funds appropriated to the Trust and the earnings and
distribution therefrom shall not be subject to any form of
Federal, State or local taxation: Provided, That this exemption
shall not apply to any income from the investment or other use
of such distributions.]
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 or
withhold 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 authorized under
section 5(b)(3)(C) of the Pribilof Islands
Transition Act.
(4) Funding instruments and procedures.--In providing
assistance under this subsection the Secretary shall
use funding 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.), so as to foster
maximum flexibility in the local administration of such
assistance.
(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.--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 necessitated by the National
Oceanic and Atmospheric Administration's administration of the
islands under the Fur Seal Act of 1966 to be operated under a
permit issued by the State of Alaska under section 46.03.100 of
the Alaska Statutes.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary--
(1) for assistance under subsection (a)--
(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), such sums as
may be necessary for each of fiscal years 2001, 2002,
and 2003.
(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 it necessary for the efficient conduct of public
business.
(e) Immunity From Liability.--The Department of Commerce and
the National Oceanic and Atmospheric Administration shall not
have any liability under this Act 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 having provided assistance to the State of
Alaska under subsection (b).
* * * * * * *
Sec. 212. Notwithstanding any other law to the contrary, the
Secretary of Commerce shall, to the maximum extent practicable,
carry out activities under subsection (a) and fulfill other
obligations under Federal and State law relating to the
Pribilof Islands, through grants or other agreements with local
entities and residents of the Pribilof Islands, unless
specialized skills are needed for an activity, and the
Secretary specifies in writing that such skills are not
available through local entities and residents of the Pribilof
Islands.
----------
SECTION 3 OF THE ACT OF JANUARY 6, 1996
AN ACT To require the Secretary of Commerce to convey to the
Commonwealth of Massachusetts the National Marine Fisheries Service
laboratory located on Emerson Avenue in Gloucester, Massachusetts.
SEC. 3. PRIBILOF ISLANDS.
(a) * * *
* * * * * * *
(c) Resolution of Federal Responsibilities.--(1) Within 9
months after the date of enactment of this section, and after
consultation with the Secretary of the Interior, the State of
Alaska, and local entities and residents of the Pribilof
Islands, the Secretary of Commerce 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 proposing necessary actions by the
Secretary of Commerce and Congress toresolve all claims with
respect to, and permit the final implementation, fulfillment and
completion of--
[(A) title II of the Fur Seal Act Amendments of 1983
(16 U.S.C. 1161 et seq.);]
[(B)] (A) the land conveyance entitlements of local
entities and residents of the Pribilof Islands under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.);
[(C)] (B) the provisions of this section; and
[(D)] (C) any other matters which the Secretary deems
appropriate.
* * * * * * *
[(d) Use of Local Entities.--Notwithstanding any other law to
the contrary, the Secretary of Commerce shall, to the maximum
extent practicable, carry out activities under subsection (a)
and fulfill other obligations under Federal and State law
relating to the Pribilof Islands, through grants or other
agreements with local entities and residents of the Pribilof
Islands, unless specialized skills are needed for an activity,
and the Secretary specifies in writing that such skills are not
available through local entities and residents of the Pribilof
Islands.]
* * * * * * *
(f) Authorization of Appropriations.--There are authorized to
be appropriated not to exceed $10,000,000 in each of fiscal
years [1996, 1997, and 1998] 2001, 2002, and 2003 for the
purposes of carrying out this section.
(g) Low Interest Loan Program.--
(1) Capitalization of revolving fund.--Of amounts
authorized under subsection (f) for each of fiscal
years 2001, 2002, and 2003, the Secretary may provide
to the State of Alaska up to $2,000,000 per fiscal year
to establish and 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, remediate, and monitor
contamination from lead paint, asbestos, and petroleum
from underground storage tanks that resulted from
National Oceanic and Atmospheric Administration of the
Pribilof Islands under the Fur Seal Act of 1966.
(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'' shall include the Tanadgusix and Tanaq
Corporations.
DISSENTING VIEWS
It is our understanding that the purpose of this
legislation would be to complete the orderly withdrawal, on
behalf of the Federal Government, of the National Oceanic and
Atmospheric Administration (NOAA) from the civil administration
of the Pribilof Islands, principally the islands of St. Paul
and St. George, located in the State of Alaska. We further
understand that an unstated purpose of this bill would be to
fulfill the goal of the Fur Seal Act Amendments of 1983 (Pub.
L. 98-129) which intended ``to promote [on the Pribilof
Islands] a stable, self-sufficient, enduring, and diversified
economy * * * that is not dependent on sealing.'' To accomplish
these purposes, this legislation would authorize $28 million
for local economic assistance grants. An additional $30 million
would be authorized to enable NOAA to complete its
environmental clean-up and land-fill closure obligations prior
to the final transfer of Federal property to the six local
entities. Also, the legislation would authorize unspecified
amounts to be transferred to the State of Alaska for the
planning and construction of new solid waste management
facilities; this has been estimated to cost approximately $7
million to $9 million. In exchange for this final Federal
assistance, NOAA would complete the transfer of all unnecessary
Federal properties and be indemnified from any future liability
or obligation under the Fur Seal Act (Pub. L. 89-702).
The majority claims that the Federal Government has failed
to attain the goal of establishing a local, enduring economy on
the Pribilof Islands, and that this legislation is required to
rectify that failure. Contrary to that assertion, we contend
that the economic assistance provided in this bill is no longer
necessary on St. Paul. Economic assistance has been a stable of
Federal administration of the Pribilof Islands in order to
compensate native residents for the cessation of commercial fur
sealing. According to the March 17, 1997 report on the Pribilof
Islands filed by the Secretary of Commerce in compliance with
Public Law 104-91, the Federal government provided financial
support to the Pribilof Islands from 1973 to 1983 ranging from
$3.1 to $6.3 million annually. St. Paul Island has received an
additional $55 million from the Federal government since 1983.
According the Secretary's 1997 report, the City of St. Paul's
1994 annual operating budget was $18 million, and the average
per capita income was $34,000. Moreover, according to 1990
Census Bureau data, the median income per family on St. Paul
was $49,000. These numbers compare favorably with national
income averages; certainly all of them fall above the poverty
line. Based upon these numbers and the fact that the residents
of St. Paul Island are active participants in the lucrative
Bering Sea crab fishery, we question the necessity for
additional economic assistance to the roughly 700 residents of
St. Paul.
A more plausible case for economic assistance can be made
for the Island of St. George which continues to struggle
economically. Yet this condition cannot be solely attributed to
the lack of Federal economic assistance. According to the
Secretary's 1997 report, in addition to the annual expenditures
referenced in the preceding paragraph, St. George received
assistance under the $15 million Aleutian-Pribilof Indian
settlement of 1990. St. George also received approximately $2
million in other Federal appropriations in intervening years.
We believe this indicates that the stagnant local economy
cannot be attributed solely to a lack of Federal economic
assistance to the approximately 250 residents of St. George.
Yet there is a more compelling reason to explain why
economic conditions on St. George have languished. According to
the Secretary's 1997 report, the St. George economy has
remained stagnant not because of scant Federal financial
assistance, but because of the inability to construct an
adequate harbor to enable local residents to participate in the
fishing economy. Since 1983, $19 million in Federal funds and
other leveraged local capital were spent in unsuccessful
efforts to dredge and construct a breakwater and harbor on St.
George. The 1983 amendments and subsequent agreements with the
native Pribilovians clearly recognized that a transition to a
stable and enduring local economy would be dependent on the
construction of viable harbors for each island. Experience
shows that the construction of a breakwater and dock facility
on St. Paul was, in fact, central to its economic success. We
realize that the geographic and environmental conditions on St.
George pose extreme challenges to building a harbor. We cannot,
however, ignore the fact that those same conditions were widely
known in 1983. Supporters of this legislation misconstrue the
failure to construct a harbor on St. George--a harbor, which in
all likelihood, is technically and economically infeasible to
build--to now mean that the Federal government bears an
enduring obligation to provide economic assistance to the
Pribilof Islands. This misconception strains all credibility.
In addition, we ask why should the Federal taxpayer alone
continue to pay to construct a harbor (or provide economic
assistance) when the State of Alaska clearly has the capability
and a similar obligation? Insufficient State support for the
construction of the harbor on St. George has long been
recognized as a critical impediment. This point was made clear
by Mr. Peter Hocson, a former trustee of the St. George Trust,
when he stated in the 1988 Trust annual report:
The single obstacle standing in the way of a self-
sustaining economy, as envisioned by the Fur Seal
Amendment Act of 1983, is the lack of the State of
Alaska's funding to complete the boat harbor.
There is no assurance that any of the $28 million in
economic assistance would be spent to address the single
biggest limiting factor retarding economic development on one
of the islands--the construction of a harbor on St. George.
Even if we were to agree that additional economic assistance is
warranted, it seems perfectly reasonable to expect that some of
those dollars should be spent on completing the harbor on St.
George. And if a harbor must be constructed, its seems only
fair for the State of Alaska to shoulder an appropriate share
of that financial burden, too.
For these reasons, we are concerned that the substantial
cost for additional economic assistance in this bill appears to
be unwarranted or potentially mis-directed. No documentation
has been provided by the majority or other proponents of this
legislation justifying the need for an additional $28 million
in economic assistance. Furthermore, no details have been
provided to explain exactly how the various grant amounts were
determined, and for what purposes these funds would be spent by
the local entities to the benefit of the less than 900 native
residents. Absent any justification, we conclude that these
authorizations for appropriations are arbitrary approximations
with no substantive basis. Consequently, we cannot support
them.
We agree with the majority that the final transfer of
authority to civilian administration is long overdue and
desirable. Prior to the cessation of the Federal involvement,
we also agree that it is necessary for NOAA to be held to its
full obligations to ensure that all hazardous materials and
other environmental contaminants are removed or treated prior
to transferring properties. Too often, local native communities
are made to suffer from the past indiscretions of the Federal
Government. Even in the absence of this legislation, we expect
from NOAA nothing less than full completion of all of its clean
up obligations. In this regard, we are supportive for funding
NOAA's cleanup efforts.
We are, however, concerned that the cost of this cleanup
has grown considerably. This legislation would authorize an
additional $30 million for environmental cleanup and removal,
plus an unspecified sum to complete the closure of existing
landfills and to fund the planning and construction of new
solid waste management facilities. When Public Law 104-91 was
enacted, Congress was advised by NOAA that the total cost of
these activities would be roughly $30 million. NOAA
subsequently has spent $29.1 million to initiate clean-up
activities. Now we are told an additional $30 to $40 million
must be forthcoming to complete this cleanup. We are told this
without a full accounting explaining how these costs could have
virtually doubled in six years. Furthermore, we have given no
assurances by anyone that these additional funds, if
appropriated, would be the last installment needed to fulfill
this vital obligation. As a result, even though we strongly
support NOAA's expedited completion of this important work, we
find it difficult to support the full authorization levels in
this bill. And because of this uncertainty, we remain
unconvinced that this legislation will ensure the final orderly
transition to civilian administration.
George Miller.
Frank Pallone, Jr.
Tom Udall.