[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3461 Engrossed in House (EH)]


  2d Session

                               H. R. 3461

_______________________________________________________________________

                                 AN ACT

  To approve a governing international fishery agreement between the 
   United States and the Republic of Poland, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 3461

_______________________________________________________________________

                                 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,

     TITLE I--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

SEC. 101. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND.

    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 
enactment of this Act.

              TITLE II--MISCELLANEOUS FISHERIES PROVISIONS

SEC. 201. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES 
              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.''.

SEC. 202. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.

    (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''.

SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO 
              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 provide 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.

                 TITLE III--NOAA HYDROGRAPHIC SERVICES

SEC. 301. SHORT TITLE.

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

SEC. 302. DEFINITIONS.

    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.).

SEC. 303. FUNCTIONS OF THE ADMINISTRATOR.

    (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.

SEC. 304. QUALITY ASSURANCE PROGRAM.

    (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.

SEC. 305. REPORTS.

    (a) Photogrammetry and Remote Sensing.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall report to the 
        Congress on a plan to increase, consistent with this title, 
        contracting with the private sector for photogrammetric and 
        remote sensing services related to hydrographic data 
        acquisition or hydrographic services. In preparing the report, 
        the Administrator shall consult with private sector entities 
        knowledgeable in photogrammetry and remote sensing.
            (2) Contents.--The report shall include the following:
                    (A) An assessment of which of the photogrammetric 
                and remote sensing services related to hydrographic 
                data acquisition or hydrographic services performed by 
                the National Ocean Service can be performed adequately 
                by private-sector entities.
                    (B) An evaluation of the relative cost-
                effectiveness of the Federal Government and private-
                sector entities in performing those services.
                    (C) A plan for increasing the use of contracts with 
                private-sector entities in performing those services, 
                with the goal of obtaining performance of 50 percent of 
                those services through contracts with private-sector 
                entities by fiscal year 2003.
    (b) Ports.--Not later than 6 months after the date of 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.
    (c) Maintaining Federal Expertise in Hydrographic Services.--
            (1) In general.--Not later than 6 months after the date of 
        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.
    (d) United States Implementation of Electronic Nautical Charts.--
Not later than 6 months after the date of enactment of this Act, the 
Administrator shall report to the Congress on the status of 
implementation by the United States of electronic nautical charts. The 
report shall address, at a minimum--
            (1) the role of the private sector, and the potential for 
        the Administration to employ partnerships or other arrangements 
        with the private sector, in domestic and international 
        development and implementation of electronic nautical chart 
        technology;
            (2) the effects of private sector participation in the 
        development and implementation of electronic nautical chart 
        technology on public safety and the continued ability of the 
        Federal Government to assume liability for United States 
        nautical charts; and
            (3) the range of alternative means by which the 
        Administration can effectively and efficiently make electronic 
        nautical chart data available to the private sector and the 
        general public, including an evaluation of relative costs and 
        advantages or disadvantages of each such alternative.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    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, $35,000,000 for fiscal 
        year 2001, and $36,000,000 for fiscal year 2002.
            (2) To conduct hydrographic surveys under section 
        303(a)(1), including leasing of ships, $33,000,000 for fiscal 
        year 1999, $35,000,000 for fiscal year 2000, $37,000,000 for 
        fiscal year 2001, and $39,000,000 for fiscal year 2002. Of 
        these amounts, no more than $15,000,000 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, 
        $20,000,000 for fiscal year 1999, and $22,000,000 for each of 
        fiscal years 2000, 2001, and 2002.
            (4) To carry out tide and current measurement functions 
        under the Act of 1947, $22,500,000 for each of fiscal years 
        1999 through 2002. Of these amounts, $3,500,000 is authorized 
        for each fiscal year to implement and operate a national 
        quality control system for real-time tide and current data, and 
        $7,250,000 is authorized for each fiscal year to design and 
        install real-time tide and current data measurement systems 
        under section 303(b)(4).

SEC. 307. AUTHORIZED NUMBER OF NOAA CORPS COMMISSIONED OFFICERS.

    (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 as 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 Committees 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.

       TITLE IV--NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE

SEC. 401. SHORT TITLE.

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

SEC. 402. ESTABLISHMENT.

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

SEC. 403. ORGANIZATION AND OPERATION.

    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'').

SEC. 404. FUNDING.

    (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.

SEC. 405. LIMITATION.

    Nothing in this title provides the Commission with the authority to 
implement any Federal law or regulation.

            Passed the House of Representatives October 12, 1998.

            Attest:

                                                                 Clerk.