101st CONGRESS
2d Session
H. R. 3338
AMENDMENTS
HR 3338 EAS
In the Senate of the United States,
October 26 (legislative day, October 2), 1990.
Resolved, That the bill from the House of Representatives (H.R. 3338)
entitled `An Act to direct the Secretary of the Interior to convey all
interest of the  United States in a fish hatchery to the State of South
Carolina, and for other purposes', do pass with the following
AMENDMENTS:
( 1 ) Page 1, after line 2, insert:
( 2 ) Page 1, line 3, strike out  [Struck out->][ 1 ][<-Struck out]  and
insert: 101
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insert: 102
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and insert: 103
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and insert: 104
( 6 ) Page 3, line 6, strike out  [Struck out->][ section 3(a) ][<-Struck
out]  and insert: subsection (a) of this section
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and insert: 105
( 8 ) Page 4, strike out lines 1 to 7 and insert:

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Section 11 of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2910)
is amended by striking `and 1990' and inserting `1990, 1991, and 1992'.

14663405b3fd47e0165d6282cb5108f4c165bbaaff20e6d7c54c2e208f79f34b

TITLE I

-FISHERIES AND WILDLIFE PROVISIONS

(a) SHORT TITLE- This section may be cited as the `Wallkill River National
Wildlife Refuge Act'.
(b) FINDINGS- The Congress finds that--
(1) the Wallkill River and associated riverine wetland habitat dividing
the townships of Hardyston, Wantage, and Vernon, New Jersey, has been
identified as one of the few high-quality waterfowl concentration areas
remaining in the northwestern portion of the State and a valuable wildlife
habitat used by a variety of migratory birds including waterfowl, raptors,
passerines, and marsh and water birds;
(2) the Wallkill River area--
(A) provides a migratory and nesting habitat for Atlantic Flyway migratory
black duck populations;
(B) has been identified by the United States Fish and Wildlife Service as
an important black duck habitat; and
(C) is a high priority of the North American Waterfowl Management Plan;
(3) the Wallkill River area is home to several New Jersey State-listed
rare and endangered plant and animal species; and
(4) designation of the Wallkill River area as a national wildlife refuge
would significantly aid the conservation of wildlife and other natural
resources.
(c) DEFINITIONS- For the purposes of this Act--
(1) the term `refuge' means the Wallkill River National Wildlife Refuge;
(2) the term `Secretary' means the Secretary of the Interior; and
(3) the term `selection area' means the lands, wetlands, and waters of
the Wallkill River in the State of New Jersey.
(d) ESTABLISHMENT OF REFUGE- (1) The Secretary is authorized to acquire
approximately 7,500 acres of lands and waters, as depicted upon a map
entitled `Wallkill River National Wildlife Refuge', dated March 1990,
and available for inspection in appropriate offices of the United States
Fish and Wildlife Service in the State of New Jersey and elsewhere.
(2) The Secretary may make such minor revisions in the boundaries designated
under subsection (a) as may be appropriate to carry out this Act or to
facilitate the acquisition of property within the refuge.
(3) The Secretary shall establish the refuge by publication of a notice in
the Federal Register and publications of local circulation when sufficient
property has been acquired within the boundary of the refuge to constitute
an area that can be effectively managed as a national wildlife refuge.
(e) PURPOSES- The primary purposes for which the refuge is established are--
(1) to preserve and enhance the refuge's lands and waters in a manner that
will conserve the natural diversity of fish, wildlife, plants, and their
habitats for present and future generations;
(2) to conserve and enhance populations of fish, wildlife, and plants
within the refuge, including populations of black ducks and other waterfowl,
raptors, passerines, and marsh and water birds;
(3) to protect and enhance the water quality of aquatic habitats within
the refuge;
(4) to fulfill international treaty obligations of the United States with
respect to fish and wildlife and their habitats; and
(5) to provide opportunities for compatible scientific research,
environmental education, and fish and wildlife-oriented recreation.
(f) ADMINISTRATION- (1) The Secretary shall administer all lands, waters,
and interests therein acquired under this Act in accordance with the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(2) The Secretary may utilize such other statutory authority as is available
to the Secretary for the conservation and development of wildlife and natural
resources, the development of recreational opportunities, and interpretive
education, as the Secretary considers appropriate to carry out this Act.
(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Department of the Interior--
(1) such sums as are necessary for the acquisition of lands and waters
designated pursuant to section 4(a); and
(2) such sums as are necessary for the development, operation, and
maintenance of the refuge.

1b72c69a932e3cbcf953c959b72caca15ee23d8d5c919e38960957fd3cbe41da

(a) FINDINGS- The Congress finds that--
(1) thousands of acres of bottomland hardwoods are being cleared each year
in the Mississippi River Delta;
(2) these forested wetlands represent one of the most valuable and
productive wildlife habitat types in the United States, and have extremely
high recreational value for hunters, fishermen, birdwatchers, nature
photographers, and others;
(3) the Bayou Cocodrie area is a bottomland hardwood swamp which boards over
one hundred and fifty species of birds and many other types of wildlife,
including several species threatened with extinction, such as the Louisiana
population of black bears;
(4) the Bayou Cocodrie area includes some of the least disturbed bottomland
hardwood forest in the Southeast and significantly contributes to the
biodiversity in the region;
(5) similar habitat located elsewhere is threatened by disruptive practices
and/or conversion to other uses; and
(6) this area is deserving of inclusion in the National Wildlife Refuge
System.
(b) DEFINITIONS- For the purposes of this Act--
(1) the term `refuge' means the Bayou Cocodrie National Wildlife Refuge; and
(2) the term `Secretary' means the Secretary of the Interior, acting
through the United States Fish and Wildlife Service.
(c) ESTABLISHMENT OF THE REFUGE- (1) The Secretary is authorized and directed
to acquire approximately eighteen thousand acres of lands and waters, as
depicted upon a map entitled `Bayou Cocodrie National Wildlife Refuge',
dated February 1990 and available for inspection in appropriate offices
of the United States Fish and Wildlife Service.
(2) The Secretary may make such minor adjustments in the boundaries
designated under subsection (a) as may be appropriate to facilitate
acquisition of property within the refuge or to otherwise carry out the
purposes of this Act.
(3) When sufficient property within the boundaries has been acquired
to constitute an area that can be effectively managed as a refuge, the
Secretary shall establish the refuge by publishing a notice to that effect
in the Federal Register.
(d) REFUGE PURPOSE- The Bayou Cocodrie National Wildlife Refuge is
established and shall be managed for the purposes of--
(1) conservation and enhancement of wetlands;
(2) general wildlife management as a unit of the National Wildlife Refuge
System, including management for migratory birds; and
(3) fish and wildlife-oriented recreational activities.
(e) ADMINISTRATION- (1) The Secretary shall administer all lands, waters,
and interests therein acquired under this Act in accordance with the
provisions of the National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd-668ee).
(2) The Secretary may utilize such additional statutory authority as
may be available to him for conservation and development of wildlife and
natural resources, water supplies and water control structures, outdoor
recreational activities, including hunting and fishing, and interpretive
education as he deems appropriate to carry out this Act.
(3) In managing the refuge, the Secretary shall manage an amount of refuge
woodlands as a contiguous mature forest sufficient to benefit the species
of passerine birds that occupy this type of habitat. The Secretary shall
give special consideration to accomplishing this objective through use
of his current authority, including his authority to establish Research
Natural Areas within the refuge.
(4) The Secretary shall permit access to, and the development of, reserved
non-Federal mineral interests within the refuge. Any such access and
development shall be carried out only in accordance with a special use
permit issued by the Secretary which contains such economically reasonable
terms and conditions as deemed necessary--
(A) to protect the fish and wildlife resources of, and their habitat in,
the affected refuge from any significant adverse effects; and
(B) to minimize, to the maximum extent possible, any adverse effects upon
such resources and their habitat. Any term or condition imposed by the
Secretary under this subsection is in addition to any other requirement
that is imposed under other applicable Federal or State law.
The special use permit is not intended to unreasonably restrain established
or future oil and gas exploration, development and production activities or
to result in the taking of property interests of the non-Federal owner.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out the purposes of this Act.

3d4827c4d6902da4374ce7a05d3c0643b5ebf177bb92602b98a04db355787778

(a) REMOVAL FROM NATIONAL WILDLIFE REFUGE- Pursuant to the requirements
of section 4(a)(3) of the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd(a)(3)), the approximately 44,550 acres of land
designated the Carolina Sandhills Wildlife Management Area and known as the
Sand Hills State Forest, as described in Executive Order Numbered 8510, dated
August 8, 1940, are hereby removed from the National Wildlife Refuge System.
(b) TRANSFER OF LANDS- Subject to the terms and conditions set forth in
subsection (f), the Secretary of the Interior is authorized and directed
to transfer the title, rights, and interest to the lands identified in
subsection (a) of this section to the South Carolina Commission of Forestry,
an agency of the State of South Carolina, for use of public purposes as a
multiple use State forest providing sustained yield production of forest
products, public recreation, wildlife benefits, and demonstration and
education projects by the South Carolina Commission of Forestry.
(c) RIGHT OF REVERSION- If--
(1) the Secretary determines that the South Carolina Commission of Forestry
is not in compliance with any of such terms and conditions of transfer;
(2) at any time the land ceases to be used for public purposes (except as
provided in subsection (d) of this section); or
(3) the South Carolina Commission of Forestry no longer desires to own
or operate the Sand Hills State Forest, the land transferred pursuant to
subsection (b) of this section shall revert to the United States, to be
managed as part of the National Wildlife Refuge System.
(d) ACQUISITION OF ADDITIONAL LANDS- (1) Subject to the provisions
of paragraph (2) of this subsection, the South Carolina Commission of
Forestry may acquire tracts of land within or adjacent to the boundaries
of the transferred land by exchange or sale of parcels of transferred land,
with the proceeds of any such sale being designated for such acquisition.
(2) The acquisition authorized by paragraph (1) of this subsection shall
be subject to the following conditions:
(A) The South Carolina Commission of Forestry shall provide notification
to the United States Fish and Wildlife Service prior to any such acquisition.
(B) The South Carolina Commission of Forestry has determined prior to
such acquisition that such acquisition is in the best interest of the
public purposes of the State of South Carolina and is necessary in order
to facilitate efficient management and administration of the Sand Hills
State Forest area.
(e) REPEAL OF EXECUTIVE ORDER- Executive Order Numbered 8510, dated August
8, 1940, is repealed as of the date the lands identified in subsection (a)
of this section are transferred to the South Carolina Commission of Forestry.
(f) TERMS AND CONDITIONS- The transfer of lands authorized in subsection
(b) of this section shall be conditioned upon the South Carolina Commission
of Forestry--
(1) managing the transferred lands for the benefit of such endangered
and threatened species of plants or animals which may be present there,
and particularly in accordance with the objectives of the Recovery Plan
for the Red Cockaded Woodpecker, and any amendments to such plan;
(2) consulting with the United States Fish and Wildlife Service regarding
the impacts of its management practices upon endangered and threatened
species in the transferred lands under the provisions of section 7(a)(2)
of the Endangered Species Act (16  U.S.C. 1531 et seq.), as if the South
Carolina Commission of Forestry were a Federal agency;
(3) entering into and abiding by an agreement with the United States Fish
and Wildlife Service to provide to the Carolina Sandhills National Wildlife
Refuge at no cost--
(A) basic forest fire protection services (including presuppression,
detection, and initial attack of wildfires) for a period of 50 years from
the date of transfer subject to the condition that the United States shall
pay the South Carolina Commission of Forestry the actual costs of any
wildfire suppression activities after a 12-hour period from the initial
attack on the fire;
(B) prescribed burning services as requested, up to a maximum of 5,000
acres annually, for a period of 5 years from the date of transfer, subject
to smoke management and other related regulations in effect at the time of
the request, and contingent upon the South Carolina Commission of Forestry
retaining the legal and physical capability to perform the service; and
(C) reforestation services for converting approximately 2,300 acres of slash
pine plantation to  more desirable species, as determined by the Refuge,
in approximately equal installments over a period not to exceed 10 years
from the date of transfer.

d750e4d7a5e3ef278afdb0c87e5649ce095c29b8c42e284ea08a8cc56a6a19cc

OF 1990.
(a) SHORT TITLE- This section may be cited as the `National Fish and
Wildlife Foundation Establishment Act Amendments of 1990'.
(b) ELIMINATION OF CAP ON SALARIES- Section 3(g)(2)(A) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(g)(2)(A))
is amended by striking `rates, except that no individual so appointed may
receive pay in excess of the annual rate of basic pay in effect for grade
GS-18 of the General Schedule.', and inserting `rates.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 10 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended to read
as follows:
`SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
`(a) AUTHORIZATION- There are authorized to be appropriated to the Department
of the Interior not to exceed $15,000,000 for fiscal year 1991, not to
exceed $20,000,000 for fiscal year 1992, and not to exceed $25,000,000
for fiscal year 1993.
`(b) USE OF AMOUNTS APPROPRIATED- (1) Subject to paragraphs (2) and
(3), amounts appropriated under this section shall be made available to
the Foundation for use for matching, in whole or in part, contributions
(whether in currency, services, or property) made to the Foundation by
private persons and State and local government agencies.
`(2) No Federal funds authorized under this section shall be used by the
Foundation for administrative expenses of the Foundation, including for
salaries, travel and transportation expenses, and other overhead expenses.'.

1cb5785b3cb625aa14c8f5b820ec117028845b4ca6afcde388d927bac35f99c5

(a) SHORT TITLE- This section may be cited as the `New England Fishery
Resources Restoration Act of 1990'.
(b) PURPOSES- The purposes of this Act are to--
(1) ensure timely and effective implementation of restoration plans and
programs for Atlantic salmon and other fishery resources of selected river
systems in New England;
(2) complete a study of fish passage impediments and requirements on small
streams and rivers in New England; and
(3) develop an inventory of important fish and wildlife habitat and other
natural areas of river basins in New England.
(c) IMPLEMENTATION OF FISHERY RESOURCE RESTORATION PLANS- The Director of
the United States Fish and Wildlife Service, hereinafter referred to as the
Director, in consultation with the Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric Administration shall formulate,
establish and implement programs to restore and maintain nationally
significant, interjurisdictional fishery resources originating in New England
river systems, including the Connecticut, Thames, Pawcatuck, Merrimack,
Saco, Androscoggin, Kennebec, Sheepscot, Duck Trap, St. George, Penobscot,
Union, Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag and
Aroostock and their tributaries. These programs shall be in accordance with
the schedule and responsibilities established in comprehensive basinwide
restoration plans prepared by the Director in cooperation with State,
local, and other entities involved and interested in the conservation and
management of the affected fishery resources. Preparation and periodic
revision of restoration plans, and their implementation, shall be based
on a Memorandum of Agreement for each restoration program which shall be
entered into by the Director and cooperating entities. The Director shall
prepare and submit to the House Committee on Merchant Marine and Fisheries
and the Senate Committee on Environment and Public Works an annual report
documenting activities undertaken and accomplishment achieved in fulfillment
of this section, including an assessment of the prognosis for restoration
of each of the stocks and species involved.
(d) FISH PASSAGE STUDY- The Director shall conduct a study to identify
impediments to upstream and downstream passage of fish in rivers and streams
in the New England States due to dams that are not licensed by the Federal
Energy Regulatory Commission or other human-caused obstructions. In addition,
the study shall identify actions needed to alleviate those impediments
where desirable and feasible. The study shall include, but not be limited
to, identifying--
(1) all dams not licensed by the Federal Energy Regulatory Commission and
other human-caused obstructions on New England rivers and streams where
construction of upstream or downstream fish passage facilities or their
removal would benefit fishery resources, including an estimate of the
degree of benefits expected; and
(2) the proposed nature and size and estimated cost of appropriate fish
passage facilities or other actions determined to be necessary and feasible
or each dam or other obstruction identified in response to paragraph (1).
The Director shall provide notice to the public of the extent and nature of
the study by publication of such information in major newspapers in the region
and by other appropriate means. Within three years of the date of enactment
of this Act, the Director shall submit a report containing the findings,
conclusions and recommendations of the study to the House Committee on Merchant
Marine and Fisheries and the Senate Committee on Environment and Public Works.
(e) NEW ENGLAND RIVERS FISH AND WILDLIFE INVENTORY- The Director shall
inventory the natural values of river basins in New England, including
the Connecticut, Pawcatuck, Acushnet, North and South (in Plymouth
County, Massachusetts), Charles, Merrimack, Saco, Androscoggin, Kennebec,
Penobscot, Union, St. Croix, and Aroostock Rivers and their tributaries,
and identify fish and wildlife habitat in most need of protection or
where public access to the rivers should be provided. In addition, the
Director shall, in cooperation with appropriate State agencies and local
governments and after providing notice and opportunity for public comment,
identify appropriate public or private measures for providing the necessary
protection or access for each area included in the inventory. Within two
years of the date of enactment of this Act, the Director shall submit a
report containing the findings, conclusions, and recommendations of the
inventory and assessment to the House Committee on Merchant Marine and
Fisheries and the Senate Committee on Environment and Public Works.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Director--
(1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 1994, and 1995
to implement fishery resource restoration plans and programs, except for
activities related to the design and construction of fish passage facilities,
as directed by subsection (c);
(2) $500,000 per year for fiscal years 1991, 1992, and 1993 to conduct
the study required under subsection (d); and
(3) $500,000 to conduct the inventory and assessment required under section
(e).

3195682ca4bf653728d5a0eb27ca4052c08a117454232790c69cc9c9d902e5c3

The North American Wetlands Conservation Act (Public Law 101-233)
is amended--
(1) in section 4(a)(1)(A) by inserting after `Service' and before the
period `, who shall be the responsible Federal official for ensuring
Council compliance with the National Environmental Policy Act of 1969
(42  U.S.C. 4321 et seq.)';
(2) in section 4(a)(1) by adding at the end thereof the following sentence:
`The provisions of Public Law 92-463, as amended, shall not apply to
the Council.';
(3) in section 4(f) by inserting after `public' and before the period `,
and the Chairman shall take appropriate steps to provide adequate notice
to the public of the time and place of such meetings'; and
(4) in section 5(b) by adding at the end thereof the following new sentence:
`Solely for the purpose of the National Environmental Policy Act of 1969
(42  U.S.C. 4321 et seq.), recommendations by the Council for carrying
out wetlands conservation projects under section 6(a) of this Act shall
be considered Federal actions requiring the preparation of environmental
assessments or, where appropriate, environmental impact statements.'.

55210900acc8ae415b63b3d830e1bd855ccfc20c3e9c6825981559254a18b7a6

The final paragraph of the portion of Chapter IV providing supplemental
appropriations for the Corps of Engineers, Department of the Army, of
Public Law 98-63 (97 Stat. 314) is amended by inserting at the end thereof:
`, or acquired by any person since June 28, 1980.'.

2ab4a247e7f0a5695ce59d8da72b6a4ba5455039c15fffb82d3bdb3e278ac12a

This title may be cited as the `Pollution Prosecution Act of 1990'.

605b637e32d7690482bb84e7f7b40aabf563749fe144703ee0e0e2cae3d84582

TITLE II

-ENVIRONMENTAL ENFORCEMENT

(a) The Administrator of the Environmental Protection Agency (hereinafter
referred to as the `Administrator') shall increase the number of criminal
investigators assigned to the Office of Criminal Investigations by
such numbers as may be necessary to assure that the number of criminal
investigators assigned to the office--
(1) for the period October 1, 1991, through September 30, 1992, is not
less than 72;
(2) for the period October 1, 1992, through September 30, 1993, is not
less than 110;
(3) for the period October 1, 1993, through September 30, 1994, is not
less than 123;
(4) for the period October 1, 1994, through September 30, 1995, is not
less than 160;
(5) beginning October 1, 1995, is not less than 200.
(b) For fiscal year 1991 and in each of the following 4 fiscal years,
the Administrator shall, during each such fiscal year, provide increasing
numbers of additional support staff to the Office of Criminal Investigations.
(c) The head of the Office of Criminal Investigations shall be a position
in the competitive service as defined in 2102 of title 5 U.S.C. or a career
reserve position as defined in 3132(A) of title 5 U.S.C. and the head of
such office shall report directly, without intervening review or approval,
to the Assistant Administrator for Enforcement.

1249a9157a01f30eab980e809715b79b1d014de5cb2bf0bfda75042ddfe56707

The Administrator, as soon as practicable following the date of the
enactment of this Act, but no later than September 30, 1991, shall increase
by fifty the number of civil investigators assigned to assist the Office
of Enforcement in developing and prosecuting civil and administrative
actions and carrying out its other functions.

cf93ea973def8d7b7e1b5602060cbf7cfe5629b8155a25543ce73671ec970b39

The Administrator shall, as soon as practicable but no later than September
30, 1991 establish within the Office of Enforcement the National Enforcement
Training Institute. It shall be the function of the Institute, among others,
to train Federal, State, and local lawyers, inspectors, civil and criminal
investigators, and technical experts in the enforcement of the Nation's
environmental laws.

373f17e2b5388a5e4cd13c80a502f553afc0870f8ede65a1b77d68841d8f8e3e

For the purposes of carrying out the provisions of this Act, there is
authorized to be appropriated to the Environmental Protection Agency
$13,000,000 for fiscal year 1991, $18,000,000 for fiscal year 1992,
$20,000,000 for fiscal year 1993, $26,000,000 for fiscal year 1994, and
$33,000,000 for fiscal year 1995.

22120ce9b80ad0f093b2477116dd10cc51a03331250e5e89ae06298f1251dd8a

The Marine Protection, Research and Sanctuaries Act (33  U.S.C. 1401 et
seq.) is amended by adding at the end thereof the following new title:
`TITLE IV--REGIONAL MARINE RESEARCH PROGRAMS
`PURPOSES
`SEC. 401. The purpose of this title is to establish regional research
programs, under effective Federal oversight, to--
`(1) set priorities for regional marine and coastal research in support
of efforts to safeguard the water quality and ecosystem health of each
region; and
`(2) carry out such research through grants and improved coordination.
`DEFINITIONS
`SEC. 402. As used in this title, the term--
`(1) `board' means any Regional Marine Research Board established pursuant
to section 403(a);
`(2) `Federal agency' means any department, agency, or other instrumentality
of the Federal Government, including any independent agency or establishment
of the Federal Government and any government corporation;
`(3) `local government' means any city, town, borough, county, parish,
district, or other public body which is a political subdivision of a State
and which is created pursuant to State law;
`(4) `marine and coastal waters' means estuaries, waters of the estuarine
zone, including wetlands, any other waters seaward of the historic height
of tidal influence, the territorial seas, the contigous zone, and the ocean;
`(5) `nonprofit organization' means any organization, association, or
institution described in section 501(c)(3) of the Internal Revenue Code of
1954 which is exempt from taxation pursuant to section 501(a) of such Code;
`(6) `region' means 1 of the 9 regions described in section 403(a); and
`(7) `State' means a State, the District of Columbia, the Commonwealth of
Puerto Rico,  the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
`REGIONAL MARINE RESEARCH BOARDS
`SEC. 403. (a) ESTABLISHMENT- A Regional Marine Research board will be
established for each of the following regions:
`(1) the Gulf of Maine region, comprised of the marine and coastal waters off
the States of Maine, New Hampshire, and Massachusetts (north of Cape Cod);
`(2) the greater New York bight region, comprised of the marine and coastal
waters off the States of Massachusetts (south of Cape Cod), Rhode Island,
Connecticut, New York, and New Jersey, from Cape Cod to Cape May;
`(3) the mid-Atlantic region, comprised of the marine and coastal waters off
the States of New Jersey, Delaware, Maryland, Virginia, and North Carolina,
from Cape May to Cape Fear;
`(4) the South Atlantic region, comprised of the marine and coastal waters
off the States of North Carolina, South Carolina, Georgia, and Florida,
from Cape Fear to the Florida Keys, including the marine and coastal waters
off Puerto Rico and the United States Virgin Islands;
`(5) the Gulf of Mexico region, comprised of the marine and coastal waters
off the States of Florida, Alabama, Mississippi, Louisiana, and Texas,
along the Gulf coast from the Florida Keys to the Mexican border;
`(6) the California region, comprised of the marine and coastal waters
off the State of California, from Point Reyes to the Mexican border;
`(7) the North Pacific region, comprised of the marine and coastal waters
off the States of California, Oregon, and Washington, from Point Reyes to
the Canadian border;
`(8) the Alaska region, comprised of the marine and coastal waters off
the State of Alaska; and
`(9) insular Pacific region, comprised of the marine and coastal waters
off the State of Hawaii, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
The Great Lakes Research Office authorized under section 118(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(d)) shall be responsible for
research in the Great Lakes region and shall be considered the Great Lakes
counterpart to the research program established pursuant to this title.
`(b) Membership-
`(1) COMPOSITION- Each Board shall be comprised of 11 members of which--
`(A) 3 members shall be appointed by the Administrator of the National
Oceanic and Atmospheric Administration, including 1 member who shall be
a Sea Grant Program Director from a State within such region, who shall
serve as chairman of the board;
`(B) 2 members shall be appointed by the Administrator of the Environmental
Protection Agency; and
`(C) 6 members shal be appointed by Governors of States located within
the region.
`(2) QUALIFICATIONS- Each individual appointed as a member of a Board shall
possess expertise, pertinent to the region concerned, in scientific research,
coastal zone management, fishery management, water quality management,
State or local government, or any other area which is directly relevant to
the functions of the Board. A majority of the members of each Board shall
be trained in a field of marine or aquatic science and shall be currently
engaged in research or research administration.
`(3) TERMS- Each appointed member of a Board shall serve for a term of
4 years.
`(4) VACANCIES- In the event of a vacancy, a replacement member shall be
appointed in the same manner and in accordance with the same requirements
as the member being replaced and shall serve the remainder of the term of
the replaced member.
`(5) REIMBURSEMENT OF EXPENSES- Each appointed member of a Board may be
paid actual travel expenses, and per diem in lieu of subsistence expenses
when away from the member's usual place of residence, in accordance with
section 5703 of title 5, United States Code, when engaged in the actual
performance of Board duties.
`(c) FUNCTIONS- Each Board shall, in accordance with the provisions of
this title--
`(1) develop and submit to the Administrators of the National Oceanic
and Atmospheric Administration and the Environmental Protection Agency a
marine research plan, including periodic amendments thereto, that meets
the requirements of section 404;
`(2) provide a forum for coordinating research among research institutions
and agencies;
`(3) provide for review and comment on research plans by affected users and
interests, such as the commercial and recreational fishing industries, other
marine industries, State and local government entities, and environmental
organizations;
`(4) ensure that the highest quality of research projects will be conducted
to carry out the comprehensive plan; and
`(5) prepare, for submission to Congress, a periodic report on the marine
environmental research issues and activities within the region in accordance
with section 406 of this title.
`(d) POWERS- Each Board shall be authorized to--
`(1) cooperate with Federal agencies, with States and with local government
entities, interstate and regional agencies, other public agencies and
authorities, nonprofit institutions, laboratories, and organizations,
or other appropriate persons, in the preparation and support of marine
research in the region;
`(2) enter into contracts, cooperative agreements or grants to State and
local governmental entities, other public agencies or institutions, and
non-profit institutions and organizations for purposes of carrying out
the provisions of this title;
`(3) collect and make available through publications and other appropriate
means, the results of, and other information pertaining to, the research
conducted in the region;
`(4) call conferences on regional marine research and assessment issues,
giving opportunity for interested persons to be heard and present papers
at such conferences;
`(5) develop and stimulate, in consultation with the Department of State,
joint marine research projects with foreign nations;
`(6) utilize facilities and personnel of existing Federal agencies,
including scientific laboratories and research facilities;
`(7) accept, and for all general purposes of this Act, utilize funds
from other sources, including but not limited to State and local funds,
university funds, and donations; and
`(8) acquire secret processes, inventions, patent applications, patents,
licenses, and property rights, by purchase, license, lease, or donation.
`(e) ADMINISTRATION-
`(1) PRACTICES AND PROCEDURES- Each Board shall determine its organization,
and prescribe its practices and procedures for carrying out its functions
under this title. Each Board should use existing research administrative
capability to the extent practicable.
`(2) COMMITTEES AND SUBCOMMITTEES- Each Board shall establish such committees
and subcommittees as are appropriate in the performance of its functions.
`(3) STAFF AND SUPPORT- Each Board is authorized to hire such staff as
are necessary to carry out the functions of the Board.
`(f) TERMINATION- Each Board shall cease to exist on October 1, 1999,
unless extended by Congress.
`REGIONAL RESEARCH PLANS
`SEC. 404. (a) DEVELOPMENT  AND AMENDMENT OF REGIONAL PLANS-
`(1) IN GENERAL- Each Board shall develop a comprehensive 4-year marine
research plan for the region for which the Board is responsible, and shall
amend the plan at such times as the Board considers necessary to reflect
changing conditions, but no less frequently than once every 4 years.
`(2) REVIEW AND CONSIDERATION OF NATIONAL PLAN- In the development and
amendment of its research plan, the Board shall consider findings and
recommendations of the national plan developed pursuant to the National
Ocean Pollution Planning Act of 1978 (33 U.S.C. 1701 et seq.).
`(b) CONTENTS OF PLAN- Such marine research plan shall include--
`(1) an overview of the environmental quality conditions in the coastal
and marine waters of the region and expected trends in these conditions;
`(2) a comprehensive inventory and description of all marine research
related to water quality and ecosystem health expected to be conducted in
the region during the 4-year term of the research plan;
`(3) a statement and explanation of the marine research needs and priorities
applicable to the marine and coastal waters of the region over the upcoming
10-year period with emphasis on the upcoming 3- to 5-year period;
`(4) an assessment of how the plan will incorporate existing marine,
coastal, and estuarine research and management in the region, including
activities pursuant to section 320 of the Federal Water Pollution Control
Act (33 U.S.C. 1330) and section 315 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1461); and
`(5) a general description of marine research and monitoring objectives and
timetables for achievement through the funding of projects under this title
during the 4-year period covered by the plan so as to meet the priorities
specified in the plan in accordance with paragraph (3).
`(c) Plan Review and Approval-
`(1) IN GENERAL- When a Board has developed a marine research plan,
including amendments thereto, the Board shall submit the plan to the
Administrator of the National Oceanic and Atmospheric Administration
and the Administration of the Environmental Protection Agency, who shall
jointly determine whether the plan meets the requirements of subsection (b).
`(2) TIME FOR APPROVAL OR DISAPPROVAL- The Administrator of the National
Oceanic and Atmospheric Administration and the Administrator of the
Environmental Protection Agency, shall jointly approve or disapprove such
research plan within 120 days after receiving the plan.
`(3) ACTION AFTER DISAPPROVAL- In the case of disapproval of such
research plan, the Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the Environmental Protection Agency
shall jointly notify the appropriate Board in writing, stating in detail
the revisions necessary to obtain approval of the plan. Such Administrators
shall approve or disapprove the revised plan within 90 days after receiving
the revised plan from the Board.
`RESEARCH GRANT PROGRAM
`SEC. 405. (a) PROGRAM ADMINISTRATION- The Administrator of the National
Oceanic and Atmospheric Administration shall administer a grant program
to support the administrative functions of each Board.
`(b) RESEARCH GRANTS- (1) Each Board may annually submit a grant application
to the Administrator of the National Oceanic and Atmospheric Administration
to fund projects aimed at achieving the research priorities set forth in
each research plan, including amendments thereto, developed and approved
pursuant to section 404.
`(2) Projects eligible for funding under this section shall include research,
investigations, studies, surveys, or demonstrations with respect to--
`(A) baseline assessment of marine environmental quality, including chemical,
physical, and biological indicators of environmental quality;
`(B) effects or potential effects of contaminants, including nutrients,
toxic chemicals and heavy metals, on the environment, including marine
and aquatic organisms;
`(C) effects of modification of habitats, including coastal wetlands,
seagrass beds and reefs, on the environment, including marine organisms;
`(D) assessment of impacts of pollutant sources and pollutant discharges
into the coastal environment;
`(E) transport, dispersion, transformation, and fate and effect of
contaminants in the marine environment;
`(F) marine and estuarine habitat assessment and restoration;
`(G) methods and techniques for modeling environmental quality conditions
and trends;
`(H) methods and techniques for sampling of water, sediment, marine and
aquatic organisms, and demonstration of such methods and techniques;
`(I) the effects on human health and the environment of contaminants
or combinations of contaminants at various levels, whether natural or
anthropogenic, that are found in the marine environment;
`(J) environmental assessment of potential effects of major coastal and
offshore development projects in the region;
`(K) assessment of the effects of climate change on marine resources in
the region; and
`(L) analysis and interpretation of research data for the benefit of State
and local environmental protection and resource management agencies in
the region.
`(3) Grant applications submitted pursuant to this subsection shall include--
`(A) a description  of the specific research projects to be conducted;
`(B) identification of the organization responsible for each project and
the principal investigator directing the project;
`(C) a budget statement for each project;
`(D) a schedule of milestones and interim products for each research project;
`(E) a description of the relationship of the proposed project to the
goals, objectives, and priorities of the research plan for the region and
to other research projects; and
`(F) any other information which may be required by the Administrator.
`(c) REVIEW AND APPROVAL OF PROJECT PROPOSALS- (1) The Administrator
of the National Oceanic and Atmospheric Administration shall review the
annual grant application and, with the concurrence of the Administrator
of the Environmental Protection Agency, approve such grant application
with such conditions as are determined to be appropriate  based on peer
reviews conducted pursuant to paragraph (2).
`(2) The Administrator of the National Oceanic and Atmospheric Administration
shall develop a system of peer review of grant applications which shall
ensure that only the highest quality research is approved for funding and
that each project is reviewed by research scientists outside the region
concerned.
`(d) REPORTING- Any recipient of a grant under this section shall report
to the appropriate Board, not later than 18 months after award of the
grant, on the activities of such recipient conducted pursuant to  this
subsection. Such report shall include narrative summaries and technical data
in such form as the Administrator of the National Oceanic and Atmospheric
Administration may require.
`REPORT ON RESEARCH PROGRAM
`SEC. 406. (a) PREPARATION AND SUBMISSION OF REPORT- Each Board receiving a
grant under section 405 shall, not later than 2 years after the approval
of its comprehensive plan under section 405 and at 2-year intervals
thereafter, prepare and submit to the Administrator of the National Oceanic
and Atmospheric Administration and the Administrator of the Environmental
Protection Agency a report describing--
`(1) the findings and conclusions of research projects conducted in
the region;
`(2) recommendations for improvements in the design or implementation of
programs for the protection of the marine environment; and
`(3) available data and information concerning ecosystem health within
the region.
`(b) TRANSMITTAL TO CONGRESS- Upon receipt of a report prepared  by a
Board under subsection (a), the Administrator of the National Oceanic
and Atmospheric Administration and the Administrator of the Environmental
Protection Agency shall transmit a copy of such report to the Committees
on Commerce, Science, and Transportation and on Environment and Public
Works of the Senate and to the Committee on Merchant Marine and Fisheries
of the House of Representatives.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 407. (a) IN GENERAL- For purposes of carrying out the provisions of
this title, there are authorized to be appropriated $18,000,000 for each
of the fiscal years 1992 through 1996.
`(b) ALLOCATION- (1) Of funds appropriated in any fiscal year, not more
than $500,000 shall be reserved for administration of this title by the
National Oceanic and Atmospheric Administration and the Environmental
Protection Agency.
`(2) Funds appropriated in a fiscal year which are available after allocation
pursuant to paragraph (1), shall be used to support the administrative costs
of Boards established pursuant to  subsection 403(a), provided that such
funding does not exceed $300,000 for each research Board in each fiscal year.
`(3) Seventy-five percent of funds appropriated in a fiscal year available
after allocation pursuant to paragraphs (1) and (2), shall be allocated
equally among Boards located in regions submitting research project grant
applications pursuant to section  405(b).
`(4) Twenty-five percent of funds appropriated in a fiscal year available
after allocation pursuant to paragraphs (1) and (2), shall be allocated among
Boards located in regions submitting research project grant applications
pursuant to section 405(b) which, in the judgment of the Administrator of
the National Oceanic and Atmospheric Administration, in consultation with
the Administrator of the Environmental Protection Agency, propose the most
needed and highest quality research.'.

21f87c7b23437e95d43b8d3067087675b06041d660e14610db1060a184b7492c

TITLE III

-REGIONAL MARINE RESEARCH PROGRAMS

This title may be cited as the `National Forest Foundation Act'.

ddb2cbadaff2b0c6db3c92129d9600e7ae31e15e88be38cf13516b948eca9e94

TITLE IV

-FOREST FOUNDATION

(a) ESTABLISHMENT- There is established the National Forest Foundation
(hereinafter referred to as the `Foundation') as a charitable and nonprofit
corporation domiciled in the District of Columbia.
(b) PURPOSES- The purposes of the Foundation are to--
(1) encourage, accept, and administer private gifts of money, and of real and
personal property for the benefit of, or in connection with, the activities
and services of the Forest Service of the Department of Agriculture;
(2) undertake and conduct activities that further the purposes for which
units of the National Forest System are established and are administered
and that are consistent with approved forest plans; and
(3) undertake, conduct and encourage educational, technical and other
assistance, and other activities that support the multiple use, research,
cooperative forestry and other programs administered by the Forest Service.
(c) LIMITATION AND CONFLICTS OF INTERESTS- (1) The Foundation shall not
participate or intervene in a political campaign on behalf of any candidate
for public office.
(2) No director, officer, or employee of the Foundation shall participate,
directly or indirectly, in the consideration or determination of any
question before the Foundation affecting--
(A) the financial interests of the director, officer, or employee; or
(B) the interests of any corporation partnership, entity, or organization
in which such director, officer, or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.

0f5dec0dcfb6b396b675528ceb5ec154d9b134693b7c51dba6fa1aa46b2b7e25

(a) ESTABLISHMENT AND MEMBERSHIP- The Foundation shall have a governing Board
of Directors (hereinafter referred to as the `Board'), which shall consist
of fifteen Directors, each of whom shall be a United States citizen. At all
times, a majority of members of the Board shall be educated or have actual
experience in natural or cultural resource management, law, or research. To
the extent practicable, members of the Board shall represent diverse points
of view relating to natural and cultural resource issues. The Chief of
the Forest Service shall be an ex officio nonvoting member of the Board.
(b) APPOINTMENT AND TERMS- Within one year from the date of enactment of
this title, the Secretary of Agriculture (hereinafter referred to as the
`Secretary') shall appoint the Directors of the Board. Directors shall
be appointed for terms of six years; except that the Secretary, in making
the initial appointments to the Board, shall appoint one-third each of the
Directors to terms of two, four, and six years respectively. A vacancy on
the Board shall be filled within sixty days of such vacancy in the manner
in which the original appointment was made. No individual may serve more
than twelve consecutive years as a Director.
(c) CHAIRMAN- The Chairman shall be elected by the Board from its members. A
chairman shall serve for a two-year term, and may be re-elected to the
post during his tenure as a Director.
(d) QUORUM- A majority of the current voting membership of the Board shall
constitute a quorum for the transaction of business.
(e) MEETINGS- The Board shall meet at the call of the Chairman at least
once a year. If a Director misses three consecutive regularly scheduled
meetings, that individual may be removed from the Board by majority vote of
the Board of Directors and that vacancy filled in accordance with subsection
(b) of this section.
(f) REIMBURSEMENT OF EXPENSES- Voting members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary traveling
and subsistence expenses incurred by them in the performance of their duties
for the Foundation. Such reimbursement may not exceed such amount as would
be authorized under section 5703 of title 5, United States Code, for the
payment of expenses and allowances for individuals employed intermittently
in the Federal Government service.
(g) GENERAL POWERS- The Board may complete the organization of the Foundation
by appointing employees, adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provisions of this subtitle,
and undertaking other such acts as may be necessary to function and to
carry out the provisions of this subtitle.
(h) OFFICERS AND EMPLOYEES- Officers and employees may not be appointed until
the Foundation has sufficient funds to pay for their services. Officers
and employees of the Foundation shall be appointed without regard to the
provisions of title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.

5ed9a876cca7d48085a34332e8b9dfc5c761e709bfbe71af4dd586ec11d6e28a

(a) IN GENERAL- The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States, territories,
and possessions of the United States and in foreign countries;
(3) shall have its principal offices in the Washington, D.C. metropolitan
area; and
(4) shall at all times maintain a designated agent in the District of
Columbia authorized to accept service of process for the Foundation.
(b) NOTICE AND SERVICE OF PROCESS- The serving of notice to, or service
of process upon, the agent required under this paragraph, or mailed to the
business address of such agent, shall be deemed as service upon or notice
to the Foundation.
(c) SEAL- The Foundation shall have an official seal selected by the Board
which shall be judicially noticed.
(d) POWERS- To carry out its purposes, the Foundation shall have, in
addition to powers otherwise authorized under this title, the usual powers
of a corporation in the District of Columbia, including the power to--
(1) accept, receive, solicit, hold, administer and use any gift, devise,
or bequest, either absolutely or in trust, or real or personal property
or any income therefrom or other interest therein;
(2) acquire by donation, gift, devise, purchase or exchange any real or
personal property or interest therein;
(3) unless otherwise required by the instrument of transfer, sell, donate,
lease, invest, reinvest, retain or otherwise dispose of any property or
income therefrom;
(4) borrow money and issue bonds, debentures, or other debt instruments;
(5) sue and be sued, and complain and defend itself in any court of
competent jurisdiction (except that the Directors of the Board shall not
be personally liable, except for gross negligence);
(6) enter into contracts or other arrangements with public agencies,
private organizations, and persons and to make such payments as may be
necessary to carry out the purposes thereof; and
(7) do any and all acts necessary and proper to carry out the purposes of
the Foundation.
(e) PROPERTY- (1) The Foundation may acquire, hold and dispose of lands,
waters, or other interests in real property by donation, gift, devise,
purchase or exchange. For the purposes of this title, an interest in real
property shall include, but not be limited to, mineral and water rights,
rights of way, and easements appurtenant or in gross. A gift, devise, or
bequest may be accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private persons if any
current or future interest therein is for the benefit of the Foundation.
(2) No lands or waters, or interests therein, that are owned by the
Foundation and are determined by the Chief of the United States Forest
Service to be valuable for purposes established in this title shall be
subject to condemnation by any State or political subdivision, or any
agent or instrumentality thereof.
(3) The Foundation and any income or property received or owned by it,
and all transactions relating to such income or property, shall be exempt
from all Federal, State, and local taxation with respect thereto.
(4) Contributions, gifts, and other transfers made to or for the use of
the Foundation shall be treated as contributions, gifts, or transfers to an
organization exempt from taxation under section 501(c)(3) of the Internal
Revenue Code of 1986.

566104aa93ada208dcb9b684a772b061a3d9dd54df5a9de0c2175a46a0d6b324

(a) STARTUP FUNDS- For purposes of assisting the Foundation in establishing
an office and meeting initial administrative and other startup expenses,
the Secretary is authorized to provide to the Foundation $500,000, from
funds appropriated pursuant to section 410(a), per year for the two years
following the date of enactment of this title.  Such funds shall remain
available to the Foundation until they are expended for authorized purposes.
(b) MATCHING FUNDS- In addition to the startup funds provided under
subsection (a) of this section, for a period of five years from the date
of enactment of this title, the Secretary is authorized to provide matching
funds for administrative expenses incurred by the Foundation as authorized
by section 410(b) of this title including reimbursement of expenses under
section 403, not to exceed then current Federal Government per diem rates.
(c) ADMINISTRATIVE EXPENSES- At any time, the Secretary may provide the
Foundation use of Department of Agriculture personnel, facilities, and
equipment, with partial or no reimbursement, with such limitations and on
such terms and conditions as the Secretary shall establish.

d61df36fa40365cc074407ffaf9783c05fa5e98b6ed812dc34e1e45090635677

The Secretary may accept, without regard to the civil service classification
laws, rules and regulations, any director, officer, employee or agent
of the Foundation as a volunteer for purposes of the Volunteers in the
National Forests Act of 1972 (16 U.S.C. 558a through 558d; 86 Stat. 147).

f88366b40ea9683f2a587e07be9e10b574b2217e5fcc9d573dfc42a54ce4b00a

(a) AUDITS- For purposes of the Act entitled `An Act for audit of accounts
of private corporations established under Federal law,' approved August 30,
1964 (36 U.S.C. 1101 through 1103; Public Law 88-504) the Foundation shall
be treated as a private corporation established under Federal law.
(b) ANNUAL REPORTS- The Foundation shall transmit each year to Congress a
report of its proceedings and activities of the previous year, including
a full and complete statement of its receipts, expenditures, and investments.

d21b87c721c43b2a0f6d0429d4be0e0b62fb2d082d40e3d80018b5e330326807

The United States shall not be liable for any debts, defaults, acts or
omissions of the Foundation nor shall the full faith and credit of the
United States extend to any obligations of the Foundation.

66eb1b8c245ce366b528a7675510f0e819e9e45d4a92f1d923fd97f78c32a662

The activities of the Foundation authorized under the provisions of
this Act shall be supplemental to and shall not preempt any authority
or responsibility of the United States Forest Service under any other
provision of law.

6b5b7104fd707d4c71e28452ce5ac001645ac2de794c19e1294a776fff67aceb

(a) START-UP FUNDS- For the purposes of section 405 of this title, there
are authorized to be appropriated $1,000,000.
(b) MATCHING FUNDS- For the purposes of section 405 of this title,
during the five-year period following the date of the enactment of this
title, there are authorized to be appropriated $1,000,000 annually to the
Secretary of Agriculture to be made available to the Foundation to match,
on a one-for-one basis, private contributions made to the Foundation.
Attest:
Secretary.

aab6ec3023331d642b061d11c679ca5e2af164fa13de26c5b608ae9c0c7bd0c0

New England Fishery Resources Restoration Act of 1990

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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