[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3461 Enrolled Bill (ENR)]
H.R.3461
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To approve a governing international fishery agreement between the
United States and the Republic of Poland, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United
States of America and the Government of the Republic of Poland, as
contained in the message to Congress from the President of the United
States dated February 5, 1998, is approved as a governing international
fishery agreement for the purposes of such Act and shall enter into
force and effect with respect to the United States on the date of the
enactment of this Act.

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TITLE I

-GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

CONVENTION ACT OF 1995.
(a) Reauthorization.--Section 211 of the Northwest Atlantic
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended by
striking ``for each of'' and all that follows through the end of the
sentence and inserting ``for each fiscal year through fiscal year
2001.''.
(b) Miscellaneous Technical Amendments.--The Northwest Atlantic
Fisheries Convention Act of 1995 is further amended--
(1) in section 207(e) (16 U.S.C. 5606(e)), by striking
``sections'' and inserting ``section'';
(2) in section 209(c) (16 U.S.C. 5608(c)), by striking
``chapter 17'' and inserting ``chapter 171''; and
(3) in section 210(6) (16 U.S.C. 5609(6)), by striking ``the
Magnuson Fishery'' and inserting ``the Magnuson-Stevens Fishery''.
(c) Report Requirement.--The Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 201 et seq.) is further amended by
adding at the end the following:
``SEC. 212. ANNUAL REPORT.
``The Secretary shall annually report to the Congress on the
activities of the Fisheries Commission, the General Council, the
Scientific Council, and the consultative committee established under
section 208.''.
(d) North Atlantic Fisheries Organization Quota Allocation
Practice.--The Northwest Atlantic Fisheries Convention Act of 1995 (16
U.S.C. 201 et seq.) is further amended by adding at the end the
following:
``SEC. 213. QUOTA ALLOCATION PRACTICE.
``(a) In General.--The Secretary of Commerce, acting through the
Secretary of State, shall promptly seek to establish a new practice for
allocating quotas under the Convention that--
``(1) is predictable and transparent;
``(2) provides fishing opportunities for all members of the
Organization; and
``(3) is consistent with the Straddling Fish Stocks Agreement.
``(b) Report.--The Secretary of Commerce shall include in annual
reports under section 212--
``(1) a description of the results of negotiations held
pursuant to subsection (a);
``(2) an identification of barriers to achieving such a new
allocation practice; and
``(3) recommendations for any further legislation that is
necessary to achieve such a new practice.
``(c) Definition.--In this section the term `Straddling Fish Stocks
Agreement' means the United Nations Agreement for the Implementation of
the Provisions of the United Nations Convention on the Law of the Sea
of 10 December 1982 Relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks.''.

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TITLE II

-MISCELLANEOUS FISHERIES PROVISIONS

(a) Reauthorization.--Section 10(4) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971h(4)) is amended by striking ``For
fiscal year 1998,'' and inserting ``For each of fiscal years 1998,
1999, 2000, and 2001,''.
(b) Miscellaneous Technical Amendments.--(1) The Atlantic Tunas
Convention Act of 1975 is further amended--
(A) in section 2 (16 U.S.C. 971), by redesignating the second
paragraph (4) as paragraph (5);
(B) in section 5(b) (16 U.S.C. 971c(b)), by striking
``fisheries zone'' and inserting ``exclusive economic zone'';
(C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))--
(i) by designating the last sentence as subparagraph (B),
and by indenting the first line thereof; and
(ii) in subparagraph (A)(iii), by striking ``subparagraph
(A)'' and inserting ``clause (i)'';
(D) by redesignating the first section 11 (16 U.S.C. 971 note)
as section 13, and moving that section so as to appear after
section 12 of that Act;
(E) by amending the style of the heading and designation for
each of sections 11 and 12 so as to conform to the style of the
headings and designations of the other sections of that Act; and
(F) by striking ``Magnuson Fishery'' each place it appears and
inserting ``Magnuson-Stevens Fishery''.
(2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law
96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting ``of 1975''
after ``Act''.

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MANAGE DUNGENESS CRAB FISHERY.
(a) In General.--Subject to the provisions of this section and
notwithstanding section 306(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1856(a)), each of the States
of Washington, Oregon, and California may adopt and enforce State laws
and regulations governing fishing and processing in the exclusive
economic zone adjacent to that State in any Dungeness crab (Cancer
magister) fishery for which there is no fishery management plan in
effect under that Act.
(b) Requirements for State Management.--Any law or regulation
adopted by a State under this section for a Dungeness crab fishery--
(1) except as provided in paragraph (2), shall apply equally to
vessels engaged in the fishery in the exclusive economic zone and
vessels engaged in the fishery in the waters of the State, and
without regard to the State that issued the permit under which a
vessel is operating;
(2) shall not apply to any fishing by a vessel in exercise of
tribal treaty rights except as provided in United States v.
Washington, D.C. No. CV-70-09213, United States District Court for
the Western District of Washington; and
(3) shall include any provisions necessary to implement tribal
treaty rights pursuant to the decision in United States v.
Washington, D.C. No. CV-70-09213.
(c) Limitation on Enforcement of State Limited Access Systems.--Any
law of the State of Washington, Oregon, or California that establishes
or implements a limited access system for a Dungeness crab fishery may
not be enforced against a vessel that is otherwise legally fishing in
the exclusive economic zone adjacent to that State and that is not
registered under the laws of that State, except a law regulating
landings.
(d) State Permit or Treaty Right Required.--No vessel may harvest
or process Dungeness crab in the exclusive economic zone adjacent to
the State of Washington, Oregon, or California, except as authorized by
a permit issued by any of those States or pursuant to any tribal treaty
rights to Dungeness crab pursuant to the decision in United States v.
Washington, D.C. No. CV-70-09213.
(e) State Authority Otherwise Preserved.--Except as expressly
provided in this section, nothing in this section reduces the authority
of any State under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish
processing, or landing of fish.
(f) Termination of Authority.--The authority of the States of
Washington, Oregon, and California under this section with respect to a
Dungeness crab fishery shall expire on the effective date of a fishery
management plan for the fishery under the Magnuson-Stevens Fishery
Conservation and Management Act.
(g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856
note) is repealed.
(h) Definitions.--The definitions set forth in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) shall apply to this section.
(i) Sunset.--This section shall have no force or effect on and
after September 30, 2001.

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This title may be cited as the ``Hydrographic Services Improvement
Act of 1998''.

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TITLE III

-NOAA HYDROGRAPHIC SERVICES

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(3) Hydrographic data.--The term ``hydrographic data'' means
information acquired through hydrographic or bathymetric surveying,
photogrammetry, geodetic measurements, tide and current
observations, or other methods, that is used in providing
hydrographic services.
(4) Hydrographic services.--The term ``hydrographic services''
means--
(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric, hydrographic,
geodetic, and tide and current information, including the
production of nautical charts, nautical information databases,
and other products derived from hydrographic data;
(B) the development of nautical information systems; and
(C) related activities.
(5) Act of 1947.--The term ``Act of 1947'' means the Act
entitled ``An Act to define the functions and duties of the Coast
and Geodetic Survey, and for other purposes'', approved August 6,
1947 (33 U.S.C. 883a et seq.).

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(a) Responsibilities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of 1947, the
Administrator shall--
(1) acquire and disseminate hydrographic data;
(2) promulgate standards for hydrographic data used by the
Administration in providing hydrographic services;
(3) promulgate standards for hydrographic services provided by
the Administration;
(4) ensure comprehensive geographic coverage of hydrographic
services, in cooperation with other appropriate Federal agencies;
(5) maintain a national database of hydrographic data, in
cooperation with other appropriate Federal agencies;
(6) provide hydrographic services in uniform, easily accessible
formats;
(7) participate in the development of, and implement for the
United States in cooperation with other appropriate Federal
agencies, international standards for hydrographic data and
hydrographic services; and
(8) to the greatest extent practicable and cost-effective,
fulfill the requirements of paragraphs (1) and (6) through
contracts or other agreements with private sector entities.
(b) Authorities.--To fulfill the data gathering and dissemination
duties of the Administration under the Act of 1947, and subject to the
availability of appropriations, the Administrator--
(1) may procure, lease, evaluate, test, develop, and operate
vessels, equipment, and technologies necessary to ensure safe
navigation and maintain operational expertise in hydrographic data
acquisition and hydrographic services;
(2) may enter into contracts and other agreements with
qualified entities, consistent with subsection (a)(8), for the
acquisition of hydrographic data and the provision of hydrographic
services;
(3) shall award contracts for the acquisition of hydrographic
data in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.); and
(4) may design and install where appropriate Physical
Oceanographic Real-Time Systems to enhance navigation safety and
efficiency.

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(a) Definition.--For purposes of this section, the term
``hydrographic product'' means any publicly or commercially available
product produced by a non-Federal entity that includes or displays
hydrographic data.
(b) Program.--
(1) In general.--The Administrator may--
(A) develop and implement a quality assurance program that
is equally available to all applicants, under which the
Administrator may certify hydrographic products that satisfy
the standards promulgated by the Administrator under section
303(a)(3);
(B) authorize the use of the emblem or any trademark of the
Administration on a hydrographic product certified under
subparagraph (A); and
(C) charge a fee for such certification and use.
(2) Limitation on fee amount.--Any fee under paragraph (1)(C)
shall not exceed the costs of conducting the quality assurance
testing, evaluation, or studies necessary to determine whether the
hydrographic product satisfies the standards adopted under section
303(a)(3), including the cost of administering such a program.
(c) Limitation on Liability.--The Government of the United States
shall not be liable for any negligence by a person that produces
hydrographic products certified under this section.
(d) Hydrographic Services Account.--
(1) Establishment.--There is established in the Treasury a
separate account, which shall be known as the ``Hydrographic
Services Account''.
(2) Content.--The account shall consist of--
(A) amounts received by the United States as fees charged
under subsection (b)(1)(C); and
(B) such other amounts as may be provided by law.
(3) Use.--Amounts in the account shall be available to the
Administrator, without further appropriation, for hydrographic
services.
(e) Limitation on New Fees and Increases in Existing Fees for
Hydrographic Services.--After the date of the enactment of this Act,
the Administrator may not--
(1) establish any fee or other charge for the provision of any
hydrographic service except as authorized by this section; or
(2) increase the amount of any fee or other charge for the
provision of any hydrographic service except as authorized by this
section and section 1307 of title 44, United States Code.

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(a) Ports.--Not later than 6 months after the date of the enactment
of this Act, the Administrator and the Commandant of the Coast Guard
shall report to the Congress on--
(1) the status of implementation of real-time tide and current
data systems in United States ports;
(2) existing safety and efficiency needs in United States ports
that could be met by increased use of those systems; and
(3) a plan for expanding those systems to meet those needs,
including an estimate of the cost of implementing those systems in
priority locations.
(b) Maintaining Federal Expertise in Hydrographic Services.--
(1) In general.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall report to the
Congress on a plan to ensure that Federal competence and expertise
in hydrographic surveying will be maintained after the
decommissioning of the 3 existing Administration hydrographic
survey vessels.
(2) Contents.--The report shall include--
(A) an evaluation of the seagoing capacity, personnel, and
equipment necessary to maintain Federal expertise in
hydrographic services;
(B) an estimated schedule for decommissioning the 3
existing survey vessels;
(C) a plan to maintain Federal expertise in hydrographic
services after the decommissioning of these vessels; and
(D) an estimate of the cost of carrying out this plan.

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There is authorized to be appropriated to the Administrator the
following:
(1) To carry out nautical mapping and charting functions under
the Act of 1947 and sections 303 and 304, except for conducting
hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000
for fiscal year 2000, and $35,000,000 for fiscal year 2001.
(2) To conduct hydrographic surveys under section 303(a)(1),
including the leasing of ships, $33,000,000 for fiscal year 1999,
$35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year
2001. Of these amounts, no more than $16,000,000 is authorized for
any one fiscal year to operate hydrographic survey vessels owned
and operated by the Administration.
(3) To carry out geodetic functions under the Act of 1947,
$25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000,
and $30,000,000 for fiscal year 2001.
(4) To carry out tide and current measurement functions under
the Act of 1947, $22,500,000 for each of fiscal years 1999 through
2001. Of these amounts $4,500,000 is authorized for each fiscal
year to implement and operate a national quality control system for
real-time tide and current and maintain the national tide network,
and $7,000,000 is authorized for each fiscal year to design and
install real-time tide and current data measurement systems under
section 303(b)(4).

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(a) Authorized Number.--Section 2 of the Coast and Geodetic Survey
Commissioned Officers' Act of 1948 (33 U.S.C. 853a) is amended--
(1) by redesignating subsections (a) through (e) as subsections
(b) through (f), respectively; and
(2) by inserting before subsection (b), as redesignated, the
following:
``(a)(1) Except as provided in paragraph (2), there are authorized
to be not less than 264 and not more than 299 commissioned officers on
the active list of the National Oceanic and Atmospheric Administration
for fiscal years 1999, 2000, 2001, 2002, and 2003.
``(2) The Administrator may reduce the number of commissioned
officers on the active list below 264 if the Administrator determines
that it is appropriate, taking into consideration--
``(A) the number of billets on the fisheries, hydrographic, and
oceanographic vessels owned and operated by the Administration;
``(B) the need of the Administration to collect high-quality
oceanographic, fisheries, and hydrographic data and information on
a continuing basis;
``(C) the need for effective and safe operation of the
Administration's fisheries, hydrographic and oceanographic vessels;
``(D) the need for effective management of the commissioned
Corps; and
``(E) the protection of the interests of taxpayers.
``(3) At least 90 days before beginning any reduction as described
in paragraph (2), the Administrator shall provide notice of such
reduction to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives.''.
(b) Officer Responsible for Commissioned Officers and Vessel
Fleet.--Section 24(a) of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by inserting ``One
such position shall be appointed from the officers on the active duty
promotion list serving in or above the grade of captain, and who shall
be responsible for administration of the commissioned officers, and for
oversight of the operation of the vessel fleet, of the
Administration.'' before ``An officer''.
(c) Relief From Moratorium on New Appointments.--The Secretary of
Commerce immediately shall terminate the moratorium on new appointments
of commissioned officers to the National Oceanic and Atmospheric
Administration Corps.

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This title may be cited as the ``Northwest Straits Marine
Conservation Initiative Act''.

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TITLE IV

-NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE

There is established a commission to be known as the Northwest
Straits Advisory Commission (in this title referred to as the
``Commission'').

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The Commission shall be organized and operated in accordance with
the provisions of the Northwest Straits Citizen's Advisory Commission
Report of August 20, 1998, on file with the Secretary of Commerce (in
this title referred to as the ``Report'').

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(a) In General.--The Secretary of Commerce may, from amounts
available to the Secretary to carry out the work of the Commission,
provide assistance for use in accordance with the Report and the
priorities of the Commission--
(1) to collect marine resources data in the Northwest Straits;
(2) to coordinate Federal, State, and local marine resources
protection and restoration activities in the Northwest Straits; and
(3) to carry out other activities identified in the Report as
important to the protection and restoration of marine resources in
the Northwest Straits.
(b) Provision.--The Secretary may provide the assistance authorized
by subsection (a) through the Director of the Padilla Bay National
Estuarine Research Reserve, unless the Governor of the State of
Washington objects. If the Governor objects, then the Secretary may
provide the assistance though the Administrator of the National Oceanic
and Atmospheric Administration.

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Nothing in this title provides the Commission with the authority to
implement any Federal law or regulation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

cf02d10446441fb48c79c1f9606e9515071fb728274a736cd1cd70b5065ee909

Hydroelectric Services Improvement Act of 1998 — HR. 3461

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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