[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1653 Enrolled Bill (ENR)]
H.R.1653
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To complete the orderly withdrawal of the NOAA from the civil
administration of the Pribilof Islands, Alaska, and to assist in the
conservation of coral reefs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

684750667ec98da35159a312035ce750ff41d45ca638d4f77912cb186f941b3c

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

4795f5a9a2d3dfec13d2234a908dab2d10c5281ff2d7f3e45576fdba4547c097

TITLE I

-PRIBILOF ISLANDS

The purpose of this title is to complete the orderly withdrawal of
the National Oceanic and Atmospheric Administration from the civil
administration of the Pribilof Islands, Alaska.

2faadced0764abdaae2babd4ac2d703e732efd4c7217ed07b148e2ec230614ae

OF 1966.
Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly known and
referred to in this title as the Fur Seal Act of 1966, is amended by
amending section 206 (16 U.S.C. 1166) to read as follows:
``SEC. 206. FINANCIAL ASSISTANCE.
``(a) Grant Authority.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall provide financial assistance to
any city government, village corporation, or tribal council of St.
George, Alaska, or St. Paul, Alaska.
``(2) Use for matching.--Notwithstanding any other provision of
law relating to matching funds, funds provided by the Secretary as
assistance under this subsection may be used by the entity as non-
Federal matching funds under any Federal program that requires such
matching funds.
``(3) Restriction on use.--The Secretary may not use financial
assistance authorized by this Act--
``(A) to settle any debt owed to the United States;
``(B) for administrative or overhead expenses; or
``(C) for contributions sought or required from any person
for costs or fees to clean up any matter that was caused or
contributed to by such person on or after March 15, 2000.
``(4) Funding instruments and procedures.--In providing
assistance under this subsection the Secretary shall transfer any
funds appropriated to carry out this section to the Secretary of
the Interior, who shall obligate such funds through instruments and
procedures that are equivalent to the instruments and procedures
required to be used by the Bureau of Indian Affairs pursuant to
title IV of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
``(5) Pro rata distribution of assistance.--In any fiscal year
for which less than all of the funds authorized under subsection
(c)(1) are appropriated, such funds shall be distributed under this
subsection on a pro rata basis among the entities referred to in
subsection (c)(1) in the same proportions in which amounts are
authorized by that subsection for grants to those entities.
``(b) Solid Waste Assistance.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall provide assistance to the State
of Alaska for designing, locating, constructing, redeveloping,
permitting, or certifying solid waste management facilities on the
Pribilof Islands to be operated under permits issued to the City of
St. George and the City of St. Paul, Alaska, by the State of Alaska
under section 46.03.100 of the Alaska Statutes.
``(2) Transfer.--The Secretary shall transfer any
appropriations received under paragraph (1) to the State of Alaska
for the benefit of rural and Native villages in Alaska for
obligation under section 303 of Public Law 104-182, except that
subsection (b) of that section shall not apply to those funds.
``(3) Limitation.--In order to be eligible to receive financial
assistance under this subsection, not later than 180 days after the
date of the enactment of this paragraph, each of the Cities of St.
Paul and St. George shall enter into a written agreement with the
State of Alaska under which such City shall identify by its legal
boundaries the tract or tracts of land that such City has selected
as the site for its solid waste management facility and any
supporting infrastructure.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2001, 2002, 2003, 2004,
and 2005--
``(1) for assistance under subsection (a) a total not to
exceed--
``(A) $9,000,000, for grants to the City of St. Paul;
``(B) $6,300,000, for grants to the Tanadgusix Corporation;
``(C) $1,500,000, for grants to the St. Paul Tribal
Council;
``(D) $6,000,000, for grants to the City of St. George;
``(E) $4,200,000, for grants to the St. George Tanaq
Corporation; and
``(F) $1,000,000, for grants to the St. George Tribal
Council; and
``(2) for assistance under subsection (b), for fiscal years
2001, 2002, 2003, 2004, and 2005 a total not to exceed--
``(A) $6,500,000 for the City of St. Paul; and
``(B) $3,500,000 for the City of St. George.
``(d) Limitation on Use of Assistance for Lobbying Activities.--
None of the funds authorized by this section may be available for any
activity a purpose of which is to influence legislation pending before
the Congress, except that this subsection shall not prevent officers or
employees of the United States or of its departments, agencies, or
commissions from communicating to Members of Congress, through proper
channels, requests for legislation or appropriations that they consider
necessary for the efficient conduct of public business.
``(e) Immunity From Liability.--Neither the United States nor any
of its agencies, officers, or employees shall have any liability under
this Act or any other law associated with or resulting from the
designing, locating, contracting for, redeveloping, permitting,
certifying, operating, or maintaining any solid waste management
facility on the Pribilof Islands as a consequence of--
``(1) having provided assistance to the State of Alaska under
subsection (b); or
``(2) providing funds for, or planning, constructing, or
operating, any interim solid waste management facilities that may
be required by the State of Alaska before permanent solid waste
management facilities constructed with assistance provided under
subsection (b) are complete and operational.
``(f) Report on Expenditures.--Each entity which receives
assistance authorized under subsection (c) shall submit an audited
statement listing the expenditure of that assistance to the Committee
on Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and the Committee
on Commerce, Science, and Transportation of the Senate, on the last day
of fiscal years 2002, 2004, and 2006.
``(g) Congressional Intent.--Amounts authorized under subsection
(c) are intended by Congress to be provided in addition to the base
funding appropriated to the National Oceanic and Atmospheric
Administration in fiscal year 2000.''.

265e4c5d2f3ae94afda390285a3a5fed0a6d785072b2e36a24695a7022745901

Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) Not later than 3 months after the date of the enactment of
the Pribilof Islands Transition Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives a report
that includes--
``(1) a description of all property specified in the document
referred to in subsection (a) that has been conveyed under that
subsection;
``(2) a description of all Federal property specified in the
document referred to in subsection (a) that is going to be conveyed
under that subsection; and
``(3) an identification of all Federal property on the Pribilof
Islands that will be retained by the Federal Government to meet its
responsibilities under this Act, the Convention, and any other
applicable law.''; and
(2) by striking subsection (g).

b0567920d7ebc3e0c52cd9ce16781f6a1c24356ad5bfdc805049e55ab0f99ab9

(a) Future Obligation.--
(1) In general.--The Secretary of Commerce shall not be
considered to have any obligation to promote or otherwise provide
for the development of any form of an economy not dependent on
sealing on the Pribilof Islands, Alaska, including any obligation
under section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) or
section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 note).
(2) Savings.--This subsection shall not affect any cause of
action under section 206 of the Fur Seal Act of 1966 (16 U.S.C.
1166) or section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165
note)--
(A) that arose before the date of the enactment of this
title; and
(B) for which a judicial action is filed before the
expiration of the 5-year period beginning on the date of the
enactment of this title.
(3) Rule of construction.--Nothing in this title shall be
construed to imply that--
(A) any obligation to promote or otherwise provide for the
development in the Pribilof Islands of any form of an economy
not dependent on sealing was or was not established by section
206 of the Fur Seal Act of 1966 (16 U.S.C. 1166), section
3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 note), or any
other provision of law; or
(B) any cause of action could or could not arise with
respect to such an obligation.
(4) Conforming amendment.--Section 3(c)(1) of Public Law 104-91
(16 U.S.C. 1165 note) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) in order as
subparagraphs (A) through (C).
(b) Property Conveyance and Cleanup.--
(1) In general.--Subject to paragraph (2), there are terminated
all obligations of the Secretary of Commerce and the United States
to--
(A) convey property under section 205 of the Fur Seal Act
of 1966 (16 U.S.C. 1165); and
(B) carry out cleanup activities, including assessment,
response, remediation, and monitoring, except for postremedial
measures such as monitoring and operation and maintenance
activities, related to National Oceanic and Atmospheric
Administration administration of the Pribilof Islands, Alaska,
under section 3 of Public Law 104-91 (16 U.S.C. 1165 note) and
the Pribilof Islands Environmental Restoration Agreement
between the National Oceanic and Atmospheric Administration and
the State of Alaska, signed January 26, 1996.
(2) Application.--Paragraph (1) shall apply on and after the
date on which the Secretary of Commerce certifies that--
(A) the State of Alaska has provided written confirmation
that no further corrective action is required at the sites and
operable units covered by the Pribilof Islands Environmental
Restoration Agreement between the National Oceanic and
Atmospheric Administration and the State of Alaska, signed
January 26, 1996, with the exception of postremedial measures,
such as monitoring and operation and maintenance activities;
(B) the cleanup required under section 3(a) of Public Law
104-91 (16 U.S.C. 1165 note) is complete;
(C) the properties specified in the document referred to in
subsection (a) of section 205 of the Fur Seal Act of 1966 (16
U.S.C. 1165(a)) can be unconditionally offered for conveyance
under that section; and
(D) all amounts appropriated under section 206(c)(1) of the
Fur Seal Act of 1966, as amended by this title, have been
obligated.
(3) Financial contributions for cleanup costs.--(A) On and
after the date on which section 3(b)(5) of Public Law 104-91 (16
U.S.C. 1165 note) is repealed pursuant to subsection (c), the
Secretary of Commerce may not seek or require financial
contribution by or from any local governmental entity of the
Pribilof Islands, any official of such an entity, or the owner of
land on the Pribilof Islands, for cleanup costs incurred pursuant
to section 3(a) of Public Law 104-91 (as in effect before such
repeal), except as provided in subparagraph (B).
(B) Subparagraph (A) shall not limit the authority of the
Secretary of Commerce to seek or require financial contribution
from any person for costs or fees to clean up any matter that was
caused or contributed to by such person on or after March 15, 2000.
(4) Certain reserved rights not conditions.--For purposes of
paragraph (2)(C), the following requirements shall not be
considered to be conditions on conveyance of property:
(A) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration continued
access to the property to conduct environmental monitoring
following remediation activities.
(B) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration access to
the property to continue the operation, and eventual closure,
of treatment facilities.
(C) Any requirement that a potential transferee must comply
with institutional controls to ensure that an environmental
cleanup remains protective of human health or the environment
that do not unreasonably affect the use of the property.
(D) Valid existing rights in the property, including rights
granted by contract, permit, right-of-way, or easement.
(E) The terms of the documents described in subsection
(d)(2).
(c) Repeals.--Effective on the date on which the Secretary of
Commerce makes the certification described in subsection (b)(2), the
following provisions are repealed:
(1) Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165).
(2) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note).
(d) Savings.--
(1) In general.--Nothing in this title shall affect any
obligation of the Secretary of Commerce, or of any Federal
department or agency, under or with respect to any document
described in paragraph (2) or with respect to any lands subject to
such a document.
(2) Documents described.--The documents referred to in
paragraph (1) are the following:
(A) The Transfer of Property on the Pribilof Islands:
Description, Terms, and Conditions, dated February 10, 1984,
between the Secretary of Commerce and various Pribilof Island
entities.
(B) The Settlement Agreement between Tanadgusix Corporation
and the City of St. Paul, dated January 11, 1988, and approved
by the Secretary of Commerce on February 23, 1988.
(C) The Memorandum of Understanding between Tanadgusix
Corporation, Tanaq Corporation, and the Secretary of Commerce,
dated December 22, 1976.
(e) Definitions.--
(1) In general.--Except as provided in paragraph (2), the
definitions set forth in section 101 of the Fur Seal Act of 1966
(16 U.S.C. 1151) shall apply to this section.
(2) Natives of the pribilof islands.--For purposes of this
section, the term ``Natives of the Pribilof Islands'' includes the
Tanadgusix Corporation, the St. George Tanaq Corporation, and the
city governments and tribal councils of St. Paul and St. George,
Alaska.

3b0af90a7912d45edf807236332c872f599de98641954793a4710c8c7db8d94d

(a) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) and the
Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) are amended by--
(1) striking ``(d)'' and all that follows through the heading
for subsection (d) of section 3 of Public Law 104-91 and inserting
``sec. 212.''; and
(2) moving and redesignating such subsection so as to appear as
section 212 of the Fur Seal Act of 1966.
(b) Section 201 of the Fur Seal Act of 1966 (16 U.S.C. 1161) is
amended by striking ``on such Islands'' and inserting ``on such
property''.
(c) The Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) is amended by
inserting before title I the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Fur Seal Act of 1966'.''.

ca1ea3225999ac97357d8d98df1479f6cf77d5cb78c8d5f08aa4540d60606f48

Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is amended--
(1) by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$10,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and
2005 for the purposes of carrying out this section.
``(2) Limitation.--None of the funds authorized by this
subsection may be expended for the purpose of cleaning up or
remediating any landfills, wastes, dumps, debris, storage tanks,
property, hazardous or unsafe conditions, or contaminants,
including petroleum products and their derivatives, left by the
Department of Defense or any of its components on lands on the
Pribilof Islands, Alaska.''; and
(2) by adding at the end the following:
``(g) Low-Interest Loan Program.--
``(1) Capitalization of revolving fund.--Of amounts authorized
under subsection (f) for each of fiscal years 2001, 2002, 2003,
2004, and 2005, the Secretary may provide to the State of Alaska up
to $2,000,000 per fiscal year to capitalize a revolving fund to be
used by the State for loans under this subsection.
``(2) Low-interest loans.--The Secretary shall require that any
revolving fund established with amounts provided under this
subsection shall be used only to provide low-interest loans to
Natives of the Pribilof Islands to assess, respond to, remediate,
and monitor contamination from lead paint, asbestos, and petroleum
from underground storage tanks.
``(3) Natives of the pribilof islands defined.--The definitions
set forth in section 101 of the Fur Seal Act of 1966 (16 U.S.C.
1151) shall apply to this section, except that the term `Natives of
the Pribilof Islands' includes the Tanadgusix and Tanaq
Corporations.
``(4) Reversion of funds.--Before the Secretary may provide any
funds to the State of Alaska under this section, the State of
Alaska and the Secretary must agree in writing that, on the last
day of fiscal year 2011, and of each fiscal year thereafter until
the full amount provided to the State of Alaska by the Secretary
under this section has been repaid to the United States, the State
of Alaska shall transfer to the Treasury of the United States
monies remaining in the revolving fund, including principal and
interest paid into the revolving fund as repayment of loans.''.

9d1d8b8f8adc8bfe70f4245542010cd4193b1adc7f03296d2631940377361ea3

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

8e816bb0fa63c6357bbf211b53e798da1c58a6068d3c0d53ed86c7523276c6bf

TITLE II

-CORAL REEF CONSERVATION

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

581b6834048b8a06f153532e7de751f83a81aea86fc57b2add7335fbbfbc2fa5

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

c9df34459e48e45dfb1bb5168f2cd4db370c22310c90959c2e84a916966b3389

(a) Grants.--The Secretary, through the Administrator and subject
to the availability of funds, shall provide grants of financial
assistance for projects for the conservation of coral reefs (hereafter
in this title referred to as ``coral conservation projects''), for
proposals approved by the Administrator in accordance with this
section.
(b) Matching Requirements.--
(1) Fifty percent.--Except as provided in paragraph (2),
Federal funds for any coral conservation project under this section
may not exceed 50 percent of the total cost of such project. For
purposes of this paragraph, the non-Federal share of project costs
may be provided by in-kind contributions and other noncash support.
(2) Waiver.--The Administrator may waive all or part of the
matching requirement under paragraph (1) if the Administrator
determines that no reasonable means are available through which
applicants can meet the matching requirement and the probable
benefit of such project outweighs the public interest in such
matching requirement.
(c) Eligibility.--Any natural resource management authority of a
State or other government authority with jurisdiction over coral reefs
or whose activities directly or indirectly affect coral reefs, or coral
reef ecosystems, or educational or nongovernmental institutions with
demonstrated expertise in the conservation of coral reefs, may submit
to the Administrator a coral conservation proposal under subsection
(e).
(d) Geographic and Biological Diversity.--The Administrator shall
ensure that funding for grants awarded under subsection (b) during a
fiscal year are distributed in the following manner:
(1) No less than 40 percent of funds available shall be awarded
for coral conservation projects in the Pacific Ocean within the
maritime areas and zones subject to the jurisdiction or control of
the United States.
(2) No less than 40 percent of the funds available shall be
awarded for coral conservation projects in the Atlantic Ocean, the
Gulf of Mexico, and the Caribbean Sea within the maritime areas and
zones subject to the jurisdiction or control of the United States.
(3) Remaining funds shall be awarded for projects that address
emerging priorities or threats, including international priorities
or threats, identified by the Administrator. When identifying
emerging threats or priorities, the Administrator may consult with
the Coral Reef Task Force.
(e) Project Proposals.--Each proposal for a grant under this
section shall include the following:
(1) The name of the individual or entity responsible for
conducting the project.
(2) A description of the qualifications of the individuals who
will conduct the project.
(3) A succinct statement of the purposes of the project.
(4) An estimate of the funds and time required to complete the
project.
(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in
which the project will be conducted.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) A description of how the project meets one or more of the
criteria in subsection (g).
(8) Any other information the Administrator considers to be
necessary for evaluating the eligibility of the project for funding
under this title.
(f) Project Review and Approval.--
(1) In general.--The Administrator shall review each coral
conservation project proposal to determine if it meets the criteria
set forth in subsection (g).
(2) Review; approval or disapproval.--Not later than 6 months
after receiving a project proposal under this section, the
Administrator shall--
(A) request and consider written comments on the proposal
from each Federal agency, State government, or other government
jurisdiction, including the relevant regional fishery
management councils established under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), or any National Marine Sanctuary, with jurisdiction or
management authority over coral reef ecosystems in the area
where the project is to be conducted, including the extent to
which the project is consistent with locally-established
priorities;
(B) provide for the merit-based peer review of the proposal
and require standardized documentation of that peer review;
(C) after considering any written comments and
recommendations based on the reviews under subparagraphs (A)
and (B), approve or disapprove the proposal; and
(D) provide written notification of that approval or
disapproval to the person who submitted the proposal, and each
of those States and other government jurisdictions that
provided comments under subparagraph (A).
(g) Criteria for Approval.--The Administrator may not approve a
project proposal under this section unless the project is consistent
with the coral reef action strategy under section 203 and will enhance
the conservation of coral reefs by--
(1) implementing coral conservation programs which promote
sustainable development and ensure effective, long-term
conservation of coral reefs;
(2) addressing the conflicts arising from the use of
environments near coral reefs or from the use of corals, species
associated with coral reefs, and coral products;
(3) enhancing compliance with laws that prohibit or regulate
the taking of coral products or species associated with coral reefs
or regulate the use and management of coral reef ecosystems;
(4) developing sound scientific information on the condition of
coral reef ecosystems or the threats to such ecosystems, including
factors that cause coral disease;
(5) promoting and assisting to implement cooperative coral reef
conservation projects that involve affected local communities,
nongovernmental organizations, or others in the private sector;
(6) increasing public knowledge and awareness of coral reef
ecosystems and issues regarding their long term conservation;
(7) mapping the location and distribution of coral reefs;
(8) developing and implementing techniques to monitor and
assess the status and condition of coral reefs;
(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems; or
(10) promoting ecologically sound navigation and anchorages
near coral reefs.
(h) Project Reporting.--Each grantee under this section shall
provide periodic reports as required by the Administrator. Each report
shall include all information required by the Administrator for
evaluating the progress and success of the project.
(i) Coral Reef Task Force.--The Administrator may consult with the
Coral Reef Task Force to obtain guidance in establishing coral
conservation project priorities under this section.
(j) Implementation Guidelines.--Within 180 days after the date of
the enactment of this Act, the Administrator shall promulgate necessary
guidelines for implementing this section. In developing those
guidelines, the Administrator shall consult with State, regional, and
local entities involved in setting priorities for conservation of coral
reefs and provide for appropriate public notice and opportunity for
comment.

83ed9891e3406ea6d21d1d4a15099d81baf1d4d4f63be115a55dd1282027b659

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

cff3993ec151635b851140e1e75c8a4e3681a948f6c972fbb4831218b04c9c50

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

0d3db1ca7775c92b28e7ee3234f76248329a08427d585119fa745d41ea32b3ad

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

91647ac4f722718e930687440ebbef0b8496208be97a079e8f2b032017b942bd

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

91a15a87312293e511956a0e0b3e21902449ecf24c2788ff0a617941a124de14

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

051031ebfa1d665b178d38078824e8bdc74ac21ed347c47c44579bfd28d5f09f

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

cb85aef68d42bda0e9469d60bd50b49f51ebcd581aab5a31514a13ec746f8416

Section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C.
932(a)) is amended by adding at the end the following:
``(3) Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.''.

d53bcb2927e16df338c763d769e1c5edd1dd58715c26698ab84ac43d44a53d00

TITLE III

-MISCELLANEOUS

Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952) is
amended by inserting before ``Of such Commissioners--'' the following:
``Individuals serving as such Commissioners shall not be considered to
be Federal employees while performing such service, except for purposes
of injury compensation or tort claims liability as provided in chapter
81 of title 5, United States Code, and chapter 171 of title 28, United
States Code.''.

e6ff368c207ffd2eb1be80f2de69db1cb270f59be2f7d85b2cf1f933befbc319

Section 3(a)(1) of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971a(a)(1)) is amended by inserting before ``The Commissioners''
the following: ``Individuals serving as such Commissioners shall not be
considered to be Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.''.

412de329fd743b396cdb309d9af2559e7179c8c055c3e5b8d1b4788091390fd9

(a) Clerical Amendment.--Public Law 102-587 is amended by striking
title VIII (106 Stat. 5098 et seq.).
(b) Treatment Commissioners.--Section 804(a) of the North Pacific
Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is amended by
inserting before ``Of the Commissioners--'' the following:
``Individuals serving as such Commissioners shall not be considered to
be Federal employees while performing such service, except for purposes
of injury compensation or tort claims liability as provided in chapter
81 of title 5, United States Code, and chapter 171 of title 28, United
States Code.''.

0e2bbc392637c23b8457622d482d50ba794c014af16839d8644b91a127a9961a

Section 103(4) of the High Seas Fishing Compliance Act of 1995 (16
U.S.C. 5502(4)) is amended by inserting ``or subject to the
jurisdiction of the United States'' after ``United States''.

b8614aa931c84e96a481acb1d5727e48dac24d6e7e9f55cb4e7b6c67ef3e005f

Notwithstanding section 3302(b) and (c) of title 31, United States
Code, all amounts received by the United States in settlement of, or
judgment for, damage claims arising from the October 9, 1992, allision
of the vessel ZACHARY into the National Oceanic and Atmospheric
Administration research vessel DISCOVERER, and from the disposal of
marine assets, and all amounts received by the United States from the
disposal of marine assets of the National Oceanic and Atmospheric
Administration--
(1) shall be retained as an offsetting collection in the
Operations, Research and Facilities account of the National Oceanic
and Atmospheric Administration;
(2) shall be deposited into that account upon receipt by the
United States Government; and
(3) shall be available only for obligation for National Oceanic
and Atmospheric Administration hydrographic and fisheries vessel
operations.

5c132aa0b617a80b627a2b286e3373500293b5064fed2915c8f02b8b8a3dda6a

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

9eedb9cad2dac9b7c4a80fcedfb8f16675b404f37262771ca3fbf5012a9c3395

(a) Study.--Not later than 180 days after the date of the enactment
of this Act and subject to the availability of appropriations, the
Secretary of Commerce shall initiate a study of the environmental and
biological factors responsible for the significant increase in
mortality events of the eastern gray whale population, and the other
potential impacts these factors may be having on the eastern gray whale
population.
(b) Consideration of Western Population Information.--The Secretary
should ensure that, to the greatest extent practicable, information
from current and future studies of the western gray whale population is
considered in the study under this section, so as to better understand
the dynamics of each population and to test different hypotheses that
may lead to an increased understanding of the mechanism driving their
respective population dynamics.
(c) Authorization of Appropriations.--In addition to other amounts
authorized under this title, there are authorized to be appropriated to
the Secretary to carry out this section--
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.

a7b43c9db7b7f9fd3c3668fbbe0559cff33acc7106e1d0f76e1975d71b76683c

TITLE IV

-STUDY OF EASTERN GRAY WHALE POPULATION

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

7996f890d6b09d8419f627abcfe42e0293101078f954e0e21e2162f15cafe1fc

Coral Reef Conservation Act of 2000 — HR. 1653

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

Want the full experience?