Text: H.R.5617 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.5617--
H.R.5617
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To provide Congressional approval of a Governing International Fishery
Agreement,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Oceans Act of 1992'.
TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT
SEC. 1001. APPROVAL OF AGREEMENT.
  Notwithstanding section 203 of the Magnuson 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 Estonia, as contained in the message
  to Congress from the President of the United States dated June 24, 1992,
  is approved by the Congress 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 title.
TITLE II--NATIONAL MARINE SANCTUARIES PROGRAM
SEC. 2001. SHORT TITLE.
  This title may be cited as the `National Marine Sanctuaries Program
  Amendments Act of 1992'.
Subtitle A--Amendments to Marine Protection, Research, and Sanctuaries Act
of 1972
SEC. 2101. FINDINGS, PURPOSES, AND POLICIES.
  (a) FINDINGS- Section 301(a) of the Marine Protection, Research, and
  Sanctuaries Act of 1972 (16 U.S.C. 1431(a)) is amended--
  (1) in paragraph (2) by inserting `, and in some cases international,'
  after `national';
  (2) in paragraph (4)--
  (A) by inserting `, research,' after `conservation'; and
  (B) by striking `and' after the semicolon at the end;
  (3) in paragraph (5) by striking the period at the end and inserting `;
  and'; and
  (4) by adding at the end the following:
  `(6) protection of these special areas can contribute to maintaining a
  natural assemblage of living resources for future generations.'.
  (b) PURPOSES AND POLICIES- Section 301(b) of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(b)) is amended to
  read as follows:
  `(b) PURPOSES AND POLICIES- The purposes and policies of this title are--
  `(1) to identify and designate as national marine sanctuaries areas of
  the marine environment which are of special national significance;
  `(2) to provide authority for comprehensive and coordinated conservation
  and management of these marine areas, and activities affecting them,
  in a manner which complements existing regulatory authorities.
  `(3) to support, promote, and coordinate scientific research on, and
  monitoring of, the resources of these marine areas, especially long-term
  monitoring and research of these areas;
  `(4) to enhance public awareness, understanding, appreciation, and wise
  use of the marine environment;
  `(5) to facilitate to the extent compatible with the primary objective
  of resource protection, all public and private uses of the resources of
  these marine areas not prohibited pursuant to other authorities;
  `(6) to develop and implement coordinated plans for the protection and
  management of these areas with appropriate Federal agencies, State and
  local governments, Native American tribes and organizations, international
  organizations, and other public and private interests concerned with the
  continuing health and resilience of these marine areas;
  `(7) to create models of, and incentives for, ways to conserve and manage
  these areas;
  `(8) to cooperate with global programs encouraging conservation of marine
  resources; and
  `(9) to maintain, restore, and enhance living resources by providing places
  for species that depend upon these marine areas to survive and propagate.'.
SEC. 2102. DEFINITIONS.
  (a) MARINE ENVIRONMENT- Section 302(3) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1432(3)) is amended by adding
  `including the exclusive economic zone,' after `jurisdiction,'.
  (b) DAMAGES- Section 302(6) of the Marine Protection, Research, and
  Sanctuaries Act of 1972 (16 U.S.C. 1432(6)) is amended--
  (1) in subparagraph (A)(ii) by striking `and' at the end;
  (2) in subparagraph (B) by adding `and' at the end; and
  (3) by adding at the end the following:
  `(C) the reasonable cost of monitoring appropriate to the injured, restored,
  or replaced resources,'.
  (c) RESPONSE COSTS- Section 302(7) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1432(7)) is amended by inserting
  `or authorized' after `taken'.
  (d) EXCLUSIVE ECONOMIC ZONE- Section 302 of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended (1) by striking
  the period at the end of paragraph (8) and inserting `; and'; and (2)
  by adding after paragraph (8) the following:
  `(9) `exclusive economic zone' means the exclusive economic zone as defined
  in the Magnuson Fishery Conservation and Management Act.'.
  (e) TECHNICAL CORRECTION- Section 302 of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended--
  (1) in paragraph (1) by striking `304(a)(1)(E)' and inserting
  `304(a)(1)(C)(v)'; and
  (2) in paragraph (5) by striking `and' after the semicolon.
SEC. 2103. SANCTUARY DESIGNATION STANDARDS.
  (a) STANDARDS- Section 303(a)(2)(B) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1433(a)(2(B)) is amended by inserting
  `or should be supplemented' after `inadequate'.
  (b) Factors and Consultations-
  (1) Section 303(b)(1)(A) of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1433(b)(1)(A)) is amended by inserting `maintenance
  of critical habitat of endangered species,' after `assemblages,'
  (2) Section 303(b)(3) of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1433(b)(3)) is amended--
  (A) by inserting `, governmental,' after `other commercial' and inserting
  `, governmental,' after `any commercial';
  (B) by adding at the end the following: `The Secretary, in consultation with
  the Secretary of Defense, the Secretary of Energy, and the Administrator,
  shall draft a resource assessment section for the report, including
  information on any past, present, or proposed future disposal or discharge
  of materials in the vicinity of the proposed sanctuary. Public disclosure
  by the Secretary of such information shall be consistent with national
  security regulations.'; and
  (C) by striking `304(a)(1)' and inserting `304(a)(2)'.
SEC. 2104. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.
  (a) SANCTUARY PROPOSAL- Section 304(a) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)) is amended--
  (1) by striking `prospectus' whenever it appears and inserting `documents';
  (2) in paragraph (1)(C) by striking `a prospectus on the proposal which
  shall contain--' and inserting `documents, including an executive summary,
  consisting of--'; and
  (3) in paragraph (5)--
  (A) by striking `United States Fishery Conservation Zone' and inserting
  `Exclusive Economic Zone'; and
  (B) by adding at the end: `The Secretary shall also cooperate with other
  appropriate fishery management authorities with rights or responsibilities
  within a proposed sanctuary at the earliest practicable stage in drafting
  any sanctuary fishing regulations.'.
  (b) TAKING EFFECT OF DESIGNATIONS- Section 304(b) of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)) is amended--
  (1) in paragraph (1) by striking the dash after `unless' and all that
  follows and inserting `, in the case of a national marine sanctuary that
  is located partially or entirely within the seaward boundary of any State,
  the Governor affected certifies to the Secretary that the designation or
  any of its terms is unacceptable, in which case the designation or the
  unacceptable term shall not take effect in the area of the sanctuary lying
  within the seaward boundary of the State.';
  (2) in paragraph (2)--
  (A) striking `paragraph (1) (A) or (B)' and inserting `paragraph (1)';
  (B) by striking `not disapproved under paragraph (1)(A) or '; and
  (C) by striking `paragraph (1)(B)' and inserting `paragraph (1)'; and
  (3) by striking paragraph (3) and redesignating paragraph (4) as paragraph
  (3).
  (c) ACCESS AND VALID RIGHTS- Section 304(c)(1) of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(c)(1)) is amended
  to read as follows:
  `(1) Nothing in this title shall be construed as terminating or granting
  to the Secretary the right to terminate any valid lease, permit, license,
  or right of subsistence use or of access that is in existence on the date
  of designation of any national marine sanctuary.'.
  (d) INTERAGENCY COOPERATION; REVIEW OF MANAGEMENT PLAN- Section 304 of the
  Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434)
  is amended by adding at the end the following new subsections:
  `(d) INTERAGENCY COOPERATION-
  `(1) REVIEW OF AGENCY ACTIONS-
  `(A) IN GENERAL- Federal agency actions internal or external to a national
  marine sanctuary, including private activities authorized by licenses,
  leases, or permits, that are likely to destroy, cause the loss of, or
  injure any sanctuary resource are subject to consultation with the Secretary.
  `(B) AGENCY STATEMENTS REQUIRED- Subject to any regulations the Secretary may
  establish each Federal agency proposing an action described in subparagraph
  (A) shall provide the Secretary with a written statement describing the
  action and its potential effects on sanctuary resources at the earliest
  practicable time, but in no case later than 45 days before the final
  approval of the action unless such Federal agency and the Secretary agree
  to a different schedule.
  `(2) SECRETARY'S RECOMMENDED ALTERNATIVES- If the Secretary finds that a
  Federal agency action is likely to destroy, cause the loss of, or injure
  a sanctuary resource, the Secretary shall (within 45 days of receipt of
  complete information on the proposed agency action) recommend reasonable
  and prudent alternatives, which may include conduct of the action elsewhere,
  which can be taken by the Federal agency in implementing the agency action
  that will protect sanctuary resources.
  `(3) RESPONSE TO RECOMMENDATIONS- The agency head who receives the
  Secretary's recommended alternatives under paragraph (2) shall promptly
  consult with the Secretary on the alternatives. If the agency head decides
  not to follow the alternatives, the agency head shall provide the Secretary
  with a written statement explaining the reasons for that decision.
 `(e) REVIEW OF MANAGEMENT PLANS- Not more than five years after the date of
 designation of any national marine sanctuary, and thereafter at intervals
 not exceeding five years, the Secretary shall evaluate the substantive
 progress toward implementing the management plan and goals for the sanctuary,
 especially the effectiveness of site-specific management techniques, and
 shall revise the management plan and regulations as necessary to fulfill
 the purposes and policies of this title.'.
SEC. 2105. APPLICATION OF REGULATIONS; INTERNATIONAL COOPERATION.
  (a) ENFORCEABILITY; INTERNATIONAL COOPERATION- Section 305 of the Marine
  Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435)
  is amended--
  (1) in subsection (a)--
  (A) by striking `The' in the first sentence and inserting in lieu thereof
  `This title and the'; and
  (B) by inserting `or be enforced against' immediately after `apply to'; and
  (2) by adding at the end the following new subsection:
  `(c) INTERNATIONAL COOPERATION- The Secretary, in consultation with the
  Secretary of State and other appropriate Federal agencies, shall cooperate
  with other governments and international organizations in furtherance of
  the purposes and policies of this title and consistent with applicable
  regional and mutilateral arrangements for the protection and management
  of special marine areas.'.
  (b) TECHNICAL AMENDMENT- The section heading for section 305  of the
  Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435)
  is amended by striking all after `regulations' and inserting in lieu thereof
  `; international negotiations and cooperation.'.
SEC. 2106. PROHIBITED ACTIVITIES.
  Section 306  of the Marine Protection, Research, and Sanctuaries Act of 1972
  (16 U.S.C. 1436) is amended to read as follows:
`SEC. 306. PROHIBITED ACTIVITIES.
  `It is unlawful to--
  `(1) destroy, cause the loss of, or injure any sanctuary resource managed
  under law or regulations for that sanctuary;
  `(2) possess, sell, deliver, carry, transport, or ship by any means any
  sanctuary resource taken in violation of this section;
  `(3) interfere with the enforcement of this title; or
  `(4) violate any provision of this title or any regulation or permit issued
  pursuant to this title.'.
SEC. 2107. ENFORCEMENT.
  (a) Civil Penalties-
  (1) Section 307(c)(1) of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1437(c)(1)) is amended by striking `$50,000' and
  inserting `$100,000'.
  (2) Section 307(c)(3) of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1437(c)(3)) is amended--
  (A) by striking `and may be proceeded' and all that follows through
  `jurisdiction'; and
  (B) by adding at the end the following sentence: `Such penalty shall
  constitute a maritime lien on the vessel and may be recovered in an action
  in rem in the district court of the United States having jurisdiction over
  the vessel.'.
  (b) PROCEEDS FROM CIVIL FORFEITURES- Section 307(d)(1) of the Marine
  Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(d)(1))
  is amended by adding at the end the following new sentence: `The proceeds
  from forfeiture actions under this subsection shall constitute a separate
  recovery in addition to any amounts recovered as civil penalties under
  this section or as civil damages under section 312. None of those proceeds
  shall be subject to set-off.'.
  (c) USE OF RECEIVED AMOUNTS- Section 307(e) of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(e)) is amended by
  striking paragraph (1) and inserting the following:
  `(1) Expenditures-
  `(A) Notwithstanding any other law, amounts received by the United States
  as civil penalties, forfeitures of property, and costs imposed under
  paragraph (2) shall be retained by the Secretary in the manner provided
  for in section 107(f)(1) of the Comprehensive Environmental Response,
  Compensation and Liability Act.
  `(B) Amounts received under this section for forfeitures and costs imposed
  under paragraph (2) shall be used to pay the reasonable and necessary
  costs incurred by the Secretary to provide temporary storage, care,
  maintenance, and disposal of any sanctuary resource or other property
  seized in connection with a violation of this title or any regulation or
  permit issued under this title.
  `(C) Amounts received under this section as civil penalties and any amounts
  remaining after the operation of subparagraph (B) shall be used, in order
  of priority, to--
  `(i) manage and improve the national marine sanctuary with respect to
  which the violation occurred that resulted in the penalty or forfeiture;
  `(ii) pay a reward to any person who furnishes information leading to
  an assessment of a civil penalty, or to a forfeiture of property, for
  a violation of this title or any regulation or permit issued under this
  title; and
  `(iii) manage and improve any other national marine sanctuary.'.
  (d) CONFORMING AMENDMENT- Section 312(d) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended--
  (1) by striking `and civil penalties under section 307';
  (2) by striking paragraph (3); and by redesignating paragraph (4) as
  paragraph (3).
  (e) ENFORCEABILITY- Section 307 of the Marine Protection, Research, and
  Sanctuaries Act of 1972 (16 U.S.C. 1437) is amended by adding at the end
  the following new subsection:
  `(j) AREA OF APPLICATION AND ENFORCEABILITY- The area of application and
  enforceability of this title includes the territorial sea of the United
  States, as described in Presidential Proclamation 5928 of December 27,
  1988, which is subject to the sovereignty of the United States, and the
  United States exclusive economic zone, consistent with international law.'.
SEC. 2108. RESEARCH, MONITORING, AND EDUCATION.
  Section 309 of the Marine Protection, Research, and Sanctuaries Act of 1972
  (16 U.S.C. 1440) is amended to read as follows:
`SEC. 309. RESEARCH, MONITORING, AND EDUCATION.
  `(a) IN GENERAL- The Secretary shall conduct research, monitoring,
  evaluation, and education programs as are necessary and reasonable to
  carry out the purposes and policies of this title.
  `(b) PROMOTION AND COORDINATION OF SANCTUARY USE- The Secretary shall take
  such action as is necessary and reasonable to promote and coordinate the
  use of national marine sanctuaries for research, monitoring, and education
  purposes. Such action may include consulting with Federal agencies, States,
  local governments, regional agencies, interstate agencies, or other persons
  to promote use of one or more sanctuaries for research, monitoring, and
  education, including coordination with the National Estuarine Research
  Reserve System.'.
SEC. 2109. COOPERATIVE AGREEMENTS; DONATIONS, AND ACQUISITIONS.
  `Section 311 of the Marine Protection, Research, and Sanctuaries Act of 1972
  (16 U.S.C. 1442) is amended to read as follows:
`SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS.
  `(a) COOPERATIVE AGREEMENTS, GRANTS AND OTHER AGREEMENTS- The Secretary
  may enter into cooperative agreements, financial agreements, grants,
  contracts, or other agreements with States, local governments, regional
  agencies, interstate agencies, or other persons to carry out the purposes
  and policies of this title.
  `(b) AUTHORIZATION TO SOLICIT DONATIONS- The Secretary may enter into such
  agreements with any nonprofit organization authorizing the organization
  to solicit private donations to carry out the purposes and policies of
  this title.
  `(c) DONATIONS- The Secretary may accept donations of funds, property,
  and services for use in designating and administering national marine
  sanctuaries under this title. Donations accepted under this section shall
  be considered as a gift or bequest to or for the use of the United States.
  `(d) ACQUISITIONS- The Secretary may acquire by purchase, lease, or exchange,
  any land, facilities, or other property necessary and appropriate to carry
  out the purposes and policies of this title.'.
SEC. 2110. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.
  (a) LIABILITY FOR INTEREST- Section 312(a)(1) of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(1)) is amended
  to read as follows:
  `(1) LIABILITY TO UNITED STATES- Any person who destroys, causes the loss
  of, or injures any sanctuary resource is liable to the United States for
  an amount equal to the sum of--
  `(A) the amount of response costs and damages resulting from the destruction,
  loss, or injury; and
  `(B) interest on that amount calculated in the manner described under
  section 1005 of the Oil Pollution Act of 1990.'.
  (b) LIABILITY IN REM- Section 312(a)(2) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(2)) is amended by adding
  at the end the following: `The amount of that liability shall constitute a
  maritime lien on the vessel and may be recovered in an action in rem in any
  district court of the United States that has jurisdiction over the vessel.'.
  (c) LIMITS TO LIABILITY- Section 312(a) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)) is amended by adding at
  the end the following:
  `(4) LIMITS TO LIABILITY- Nothing in sections 4281-4289 of the Revised
  Statutes of the United States or section 3 of the Act of February 13,
  1893, shall limit the liability of any person under this title.'.
  (d) RESPONSE ACTIONS- Section 312(b)(1) of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) is amended by inserting
  `or authorize' of `undertake'.
  (e) USE OF RECOVERED AMOUNTS- Section 312(d) of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended in
  paragraph (3), as redesignated by this Act, by inserting `the court decree
  or settlement agreement and' after `in accordance with'.
SEC. 2111. AUTHORIZATION OF APPROPRIATIONS.
  Section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972
  (16 U.S.C. 1444) is amended to read as follows:
`SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
  `There are authorized to be appropriated to the Secretary to carry out
  this title the following--
  `(1) $8,000,000 for fiscal year 1993;
  `(2) $12,500,000 for fiscal year 1994;
  `(3) $15,000,000 for fiscal year 1995; and
  `(4) $20,000,000 for fiscal year 1996.'.
SEC. 2112. ADVISORY COUNCILS AND SHORT TITLE.
  The Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431
  et seq.) is amended by adding at the end the following new sections:
`SEC. 315. ADVISORY COUNCILS.
  `(a) ESTABLISHMENT- The Secretary may establish one or more advisory
  councils (in this section referred to as an `Advisory Council') to provide
  assistance to the Secretary regarding the designation and management of
  national marine sanctuaries. The Advisory Councils shall be exempt from
  the Federal Advisory Committee Act.
  `(b) MEMBERSHIP- Members of the Advisory Councils may be appointed from
  among--
  `(1) persons employed by Federal or State agencies with expertise in
  management of natural resources;
  `(2) members of relevant Regional Fishery Management Councils established
  under section 302 of the Magnuson Fishery Conservation and Management
  Act; and
  `(3) representatives of local user groups, conservation and other public
  interest organizations, scientific organizations, educational organizations,
  or others interested in the protection and multiple use management of
  sanctuary resources.
  `(c) LIMITS ON MEMBERSHIP- For sanctuaries designated after the date of
  enactment of the National Marine Sanctuaries Program Amendments Act of
  1992, the membership of Advisory Councils shall be limited to no more than
  15 members.
  `(d) STAFFING AND ASSISTANCE- The Secretary may make available to an
  Advisory Council any staff, information, administrative services, or
  assistance the Secretary determines are reasonably required to enable the
  Advisory Council to carry out its functions.
  `(e) PUBLIC PARTICIPATION AND PROCEDURAL MATTERS- The following guidelines
  apply with respect to the conduct of business meetings of an Advisory
  Council:
  `(1) Each meeting shall be open to the public, and interested persons shall
  be permitted to present oral or written statements on items on the agenda.
  `(2) Emergency meetings may be held at the call of the chairman or
  presiding officer.
  `(3) Timely notice of each meeting, including the time, place, and agenda
  of the meeting, shall be published locally and in the Federal Register.
  `(4) Minutes of each meeting shall be kept and contain a summary of the
  attendees and matters discussed.
`SEC. 316. SHORT TITLE.
  `This title may be cited as `The National Marine Sanctuaries Act'.'.
Subtitle B--Miscellaneous
SEC. 2201. GRAVEYARD OF THE ATLANTIC ARTIFACTS.
  (a) ACQUISITION OF SPACE- Pursuant to section 314 of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1445) and consistent
  with the Cooperative Agreement entered into in October, 1989, between the
  National Oceanic and Atmospheric Administration and the Mariner's Museum
  of Newport News, Virginia, the Secretary of Commerce shall make a grant
  for the acquisition of space in Hatteras Village, North Carolina, for--
  (1) the display and interpretation of artifacts recovered from the area
  of the Atlantic Ocean adjacent to North Carolina generally known as the
  Graveyard of the Atlantic, including artifacts recovered from the Monitor
  National Marine Sanctuary; and
  (2) administration and operations of the Monitor National Marine Sanctuary.
  (b) AUTHORIZATION- To carry out the responsibilities of the Secretary of
  Commerce under this section, there are authorized to be appropriated to the
  Secretary of Commerce a total of $800,000 for fiscal years 1993 and 1994,
  to remain available until expended.
  (c) FEDERAL SHARE- Not more than two-thirds of the cost of space acquired
  under this section may be paid with amounts provided pursuant to this
  section.
SEC. 2202. STELLWAGEN BANK NATIONAL MARINE SANCTUARY.
  (a) DESIGNATION- The area described in subsection (b) is designated as
  the Stellwagen Bank National Marine Sanctuary (hereafter in this section
  referred to as the `Sanctuary').
  (b) AREA- The Sanctuary shall consist of all submerged lands and waters,
  including living and nonliving marine resources within those waters, bounded
  by the area described as Boundary Alternative 3 in the Draft Environmental
  Impact Statement and Management Plan for the Proposed Stellwagen Bank
  National Marine Sanctuary, published by the Department of Commerce in
  January 1991, except that the western boundary shall be modified as follows:
  (1) The southwestern corner of the Sanctuary shall be located at a point
  off Provincetown, Massachusetts, at the following coordinates: 42 degrees,
  7 minutes, 44.89 seconds (latitude), 70 degrees, 28 minutes, 15.44 seconds
  (longitude).
  (2) The northwestern corner of the Sanctuary shall be located at a point
  off Cape Ann, Massachusetts, at the following coordinates: 42 degrees, 37
  minutes, 53.52 seconds (latitude), 70 degrees, 35 minutes, 52.38 seconds
  (longitude).
  (c) MANAGEMENT- The Secretary of Commerce shall issue a management plan
  for the Sanctuary in accordance with section 304 of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434), as amended by
  this title.
  (d) SAND AND GRAVEL MINING ACTIVITIES PROHIBITED- Notwithstanding any
  other provision of law, exploration for, and mining of, sand and gravel
  and other minerals in the Sanctuary is prohibited.
  (e) CONSULTATION- In accordance with the procedures established in section
  304(e) of the Marine Protection, Research, and Sanctuaries Act of 1972,
  as amended by this title, the appropriate Federal agencies shall consult
  with the Secretary on proposed agency actions in the vicinity of the
  Sanctuary that may affect sanctuary resources.
  (f) AUTHORIZATION- There are authorized to be appropriated to the Secretary
  of Commerce for carrying out the purposes of this section $570,000 for
  fiscal year 1993 and $250,000 for fiscal year 1994.
  (g) OFFICE- The Secretary of Commerce shall consider establishing a satellite
  office for the Stellwagen Bank National Marine Sanctuary in Provincetown,
  Gloucester, or Hull, Massachusetts.
SEC. 2203. MONTEREY BAY NATIONAL MARINE SANCTUARY.
  (a) ISSUANCE OF DESIGNATION NOTICE- Notwithstanding section 304(b) of the
  Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)),
  the designation of the Monterey Bay National Marine Sanctuary (hereafter in
  this section the `Sanctuary'), as described in the notice of designation
  submitted to the Congress on September 15, 1992, shall take effect on
  September 18, 1992.
  (b) OIL AND GAS ACTIVITIES PROHIBITED- Notwithstanding any other provision
  of law, no leasing, exploration, development, or production of oil or gas
  shall be permitted within the Sanctuary as provided by section 944.5 of the
  Final Environmental Impact Statement and Management Plan for the Monterey
  Bay National Marine Sanctuary, published by the Department of Commerce in
  June 1992.
  (c) CONSULTATION- Section 304(e) of the Marine Protection, Research,
  and Sanctuaries Act of 1972, as amended by this title, shall apply to the
  Sanctuary as designated by the Secretary of Commerce.
  (d) VESSEL TRAFFIC- Within 18 months after the date of enactment of this
  title, the Secretary of Commerce and the Secretary of Transportation, in
  consultation with the State of California and with adequate opportunity
  for public comment, shall report to Congress on measures for regulating
  vessel traffic in the Sanctuary if it is determined that such measures
  are necessary to protect sanctuary resources.
SEC. 2204. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.
  (a) IN GENERAL- Beginning on the date of enactment of this title, the
  Secretary shall conduct a 2-year pilot project to enhance funding for
  designation and management of national marine sanctuaries.
  (b) PROJECT- The project shall consist of--
  (1) the creation, adoption, and publication in the Federal Register by
  the Secretary of a symbol for the national marine sanctuary program,
  or for individual national marine sanctuaries;
  (2) the solicitation of persons to be designated as official sponsors of
  the national marine sanctuary program or of individual national marine
  sanctuaries;
  (3) the designation of persons by the Secretary as official sponsors of
  the national marine sanctuary program or of individual sanctuaries;
  (4) the authorization by the Secretary of the use of any symbol published
  under paragraph (1) by official sponsors of the national marine sanctuary
  program or of individual national marine sanctuaries;
  (5) the establishment and collection by the Secretary of fees from official
  sponsors for the manufacture, reproduction or use of the symbols published
  under paragraph (1);
  (6) the retention of any fees assessed under paragraph (5) by the Secretary
  in an interest-bearing revolving fund; and
  (7) the expenditure of any fees and any interest in the fund established
  under paragraph (6), without appropriation, by the Secretary to designate
  and manage national marine sanctuaries.
  (c) CONTRACT AUTHORITY- The Secretary may contract with any person for
  the creation of symbols or the solicitation of official sponsors under
  subsection (b).
  (d) RESTRICTIONS- The Secretary may restrict the use of the symbols
  published under subsection (b), and the designation of official sponsors
  of the national marine sanctuary program or of individual national marine
  sanctuaries to ensure compatibility with the goals of the national marine
  sanctuary program.
  (e) PROPERTY OF UNITED STATES- Any symbol which is adopted by the Secretary
  and published in the Federal Register under subsection (b) is deemed to
  be the property of the United States.
  (f) PROHIBITED ACTIVITIES- (1) It is unlawful for any person--
  (A) designated as an official sponsor to influence or seek to influence
  any decision by the Secretary or any other Federal official related to
  the designation or management of a national marine sanctuary, except to
  the extent that a person who is not so designated may do so;
  (B) to represent himself or herself to be an official sponsor absent a
  designation by the Secretary;
  (C) to manufacture, reproduce, or use any symbol adopted by the Secretary
  absent designation as an official sponsor and without payment of a fee to
  the Secretary; and
  (D) to violate any regulation promulgated by the Secretary under this
  section.
  (2) Violation of this subsection shall be considered a violation of title
  III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
  U.S.C. 1431 et seq.).
  (g) REPORT- No later than 30 months after the date of enactment of this
  Act, the Secretary shall submit a report on the pilot project to Congress
  regarding the success of the program in providing additional funds for
  management and operation of national marine sanctuaries.
  (h) DEFINITIONS- In this section--
  (1) the term `national marine sanctuary' or `national marine sanctuaries'
  means a national marine sanctuary or sanctuaries designated under title
  III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
  U.S.C. 1431 et seq.), or by other law in accordance with title III of the
  Marine Protection, Research, and Sanctuaries Act of 1972;
  (2) the term `official sponsor' means any person designated by the Secretary
  who is authorized to manufacture, reproduce, or use any symbol created,
  adopted, and published in the Federal Register under this section for a
  fee paid to the Secretary; and
  (3) the term `Secretary' means the Secretary of Commerce.
SEC. 2205. TECHNICAL CORRECTIONS RELATING TO COASTAL ZONE MANAGEMENT ACT
OF 1972.
  (a) AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972- Except as otherwise
  expressly provided, whenever in this section an amendment is expressed in
  terms of an amendment to a section or other provision, the reference shall
  be considered to be made to a section or other provision of the Coastal
  Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
  (b) TECHNICAL CORRECTIONS-
  (1) The Act is amended by--
  (A) striking `coastal State' each place it appears and inserting `coastal
  state';
  (B) striking `coastal States' each place it appears and inserting `coastal
  states'; and
  (C) striking `coastal State's' each place it appears and inserting
  `coastal state's'.
  (2) Section 6203(b)(1) of the Coastal Zone Act Reauthorization Amendments
  of 1990 (104 Stat. 1388-301, relating to section 303(2) of the Coastal
  Zone Management Act of 1972) is amended by striking `as well as the'
  the first place it appears and inserting `as well as to'.
  (3) Section 6204(a) of the Coastal Zone Act Reauthorization Amendments of
  1990 (104 Stat. 1388-302, relating to section 304(1) of the Coastal Zone
  Management Act of 1972) is amended--
  (A) in the matter preceding paragraph (1) by striking `The third sentence
  of section' and inserting `Section';
  (B) in paragraph (1) by inserting after `period at the end' the following:
  `of the third sentence'; and
  (C) in paragraph (2) by inserting after `territorial sea.' the following:
  `at the end of the second sentence'.
  (4) Section 6204(b) of the Coastal Zone Act Reauthorization Amendments of
  1990 (104 Stat. 1388-302) is amended by striking `following' and inserting
  `following:'.
  (5) Section 304(1) (16 U.S.C. 1453(1)) is amended in the second sentence--
  (A) by striking `the outer limit of' the first place it appears; and
  (B) by striking `1705,' and inserting `1705),'.
  (6) Section 304(2) (16 U.S.C. 1453(2)) is amended by striking `the term'
  and inserting `The term'.
  (7) Section 304(9) (16 U.S.C. 1453(9)) is amended to read as follows:
  `(9) The term `Fund' means the Coastal Zone Management Fund established
  under section 308(b).'.
  (8) Section 306(b) (16 U.S.C. 1455(b)) is amended by striking the semicolon
  at the end and inserting a period.
  (9) Section 6216(a) of the Coastal Zone Act Reauthorization Amendments of
  1990 (104 Stat. 1388-314, relating to section 306A(b)(1) of the Coastal Zone
  Management Act of 1972) is amended by striking `306a(b)(1)'  and inserting
  `306A(b)(1)'.
  (10) Section 306A(a)(1)(B) (16 U.S.C. 1455a(a)(1)(B)) is amended by
  striking `specified' and all that follows through the end of the sentence
  and inserting `specified in section 303(2) (A) through (K).'.
  (11) Section 306A(b) (16 U.S.C. 1455a(b)) is amended--
  (A) in paragraph (2) by striking `that are designated' and all that follows
  through the end of the paragraph and inserting `that are designated in
  the state's management program pursuant to section 306(d)(2)(C) as areas
  of particular concern.'; and
  (B) in paragraph (3) by--
  (i) striking `access of' and inserting `access to'; and
  (ii) striking `in accordance with' and all that follows through the end
  of the paragraph and inserting `in accordance with the planning process
  required under section 306(d)(2)(G).'.
  (12) Section 306A(c) (16 U.S.C. 1455a(c)) is amended in paragraph (2)(C) in
  the matter following clause (iii) by striking `shall not by' and inserting
  `shall not be'.
  (13) Section 6208(b)(3)(B) of the Coastal Zone Act Reauthorization Amendments
  of 1990 (104 Stat. 1388-308, relating to section 307(c)(3)(B) of the Coastal
  Zone Management Act of 1972) is amended by inserting `with' after `complies'.
  (14) Section 307(i) (16 U.S.C. 1456(i)) is amended--
  (A) by inserting `(1)' after `(i)';
  (B) in paragraph (1) (as designated by subparagraph (A) of this paragraph)
  by striking the second sentence; and
  (C) by adding at the end the following:
  `(2)(A) The Secretary shall collect such other fees as are necessary to
  recover the full costs of administering and processing such appeals under
  subsection (c).
  `(B) If the Secretary waives the application fee under paragraph (1)
  for an applicant, the Secretary shall waive all other fees under this
  subsection for the applicant.
  `(3) Fees collected under this subsection shall be deposited into the
  Coastal Zone Management Fund established under section 308.'.
  (15) Section 6209 of the Coastal Zone Act Reauthorization Amendments of
  1990 (104 Stat. 1388-308, relating to section 308 of the Coastal Zone
  Management Act of 1972) is amended in the matter preceding the quoted
  material by striking `1456' and inserting `1456a'.
  (16) Section 308(a)(1) (16 U.S.C. 1456a(a)(1)) is amended in the first
  sentence by striking `pursuant to this Act' and inserting `pursuant to
  this title'.
  (17) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by striking
  `(hereinafter' and all that follows through `Fund')'.
  (18) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by inserting
  after `subsection (a)' the following: `and fees deposited into the Fund
  under section 307(i)(3)'.
  (19) The first section 313 (16 U.S.C. 1459) is amended--
  (A) in subsection (a) by striking `section 308' and inserting `section
  308, as in effect before the date of the enactment of the Coastal Zone
  Act Reauthorization Amendments of 1990,'; and
  (B) in paragraph (1) of subsection (b) by striking `section 308(d)' and
  all that follows through the end of the paragraph and inserting `section
  308, as in effect before the date of the enactment of the Coastal Zone
  Act Reauthorization Amendments of 1990; and'.
  (20) The second section 313 (16 U.S.C. 1460, relating to Walter B. Jones
  excellence in coastal zone management awards) is amended--
  (A) by redesignating that section as section 314;
  (B) in subsection (a) by inserting after `under section 308' the following:
  `and other amounts available to carry out this title (other than amounts
  appropriated to carry out sections 305, 306, 306A, 309, 310, and 315)'; and
  (C) in subsection (e) by inserting after `under section 308' the following:
  `and other amounts available to carry out this title (other than amounts
  appropriated to carry out sections 305, 306, 306A, 309, 310, and 315)'.
  (21) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking `National
  Estuarine Reserve Research System' and inserting `National Estuarine
  Research Reserve System'.
  (22) Section 315(c)(4) (16 U.S.C. 1461(c)(4)) is amended by striking
  `subsection (1)' and inserting `paragraph (1)'.
  (23) Section 316(a) (16 U.S.C. 1462(a)) is amended in clause (5) by striking
  `subsections (c) and (d) of this section' and inserting `subsections (c)
  and (d) of section 312'.
  (24) Section 6217(i)(3) of the Coastal Zone Act Reauthorization Amendments
  of 1990 (104 Stat. 1388-319, relating to definitions under that Act)
  is amended--
  (A) by striking the comma; and
  (B) by inserting `Zone' after `Coastal'.
SEC. 2206. RESEARCH TO IMPROVE MANAGEMENT.
  (a) FLORIDA NATIONAL MARINE SANCTUARY- Section 7(a) of the Florida Keys
  National Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is
  amended by striking paragraph (4); by redesignating paragraphs (5) through
  (8) as paragraphs (6) through (9), respectively; and by inserting after
  paragraph (3) the following new paragraphs:
  `(4) identify priority needs for research and amounts needed to--
  `(A) improve management of the Sanctuary, and in particular, the coral
  reef ecosystem within the Sanctuary; and
  `(B) identify clearly the cause and effect relationships between factors
  threatening the health of the coral reef ecosystem in the Sanctuary;
  `(5) establish a long-term ecological monitoring program and data base,
  including methods to disseminate information on the management of the
  coral reef ecosystem;'.
  (b) DEADLINES NOT AFFECTED- The amendments made by subsection (a) shall
  not be construed to modify, by implication or otherwise, the deadlines
  established under--
  (1) section 7(a) of the Florida Keys National Marine Sanctuary and Protection
  Act regarding completion of the comprehensive management plan and final
  regulations; or
  (2) section 8(a) of that Act regarding development of the water quality
  protection program.
SEC. 2207. OLYMPIC COAST NATIONAL MARINE SANCTUARY.
  No oil or gas leasing or preleasing activity shall be conducted within
  the area designated as the Olympic Coast National Marine Sanctuary in
  accordance with Public Law 100-627.
SEC. 2208. PROVASOLI-GUILLARD CENTER FOR CULTURE OF MARINE PHYTOPLANKTON.
  (a) FINDINGS- The Congress finds the following:
  (1) The oceans cover 70 percent of the surface of the Earth.
  (2) The foundation of the food webs and fisheries productivity of the
  oceans rests with microscopic plants known as phytoplankton.
  (3) Phytoplankton serve as a vital natural resource in the oceans.
  (4) By serving as primary agents in control of the flux of atmospheric
  carbon dioxide to the deep ocean, phytoplankton influence climate and the
  rate of global warming.
  (5) There is limited knowledge of the biology, physiology, chemistry, and
  taxonomy of phytoplankton, and it is of vital interest to this Nation to
  improve the body of knowledge relating to phytoplankton to benefit this
  Nation and other countries.
  (6) The Provasoli-Guillard Center for the Culture of Marine Phytoplankton
  located in West Boothbay Harbor, Maine, houses a phytoplankton collection
  that contains species from each of the ocean environments of the World,
  and is recognized as the largest collection of phytoplankton in the World.
  (7) The Provasoli-Guillard Center for the Culture of Marine Phytoplankton
  is of vital interest to oceanographers in this Nation and throughout the
  World, and provides cultures of phytoplankton for critical research on
  global issues.
  (b) DESIGNATION- In light of the findings under subsection (a), the
  Provasoli-Guillard Center for the Culture of Marine Phytoplankton located in
  West Boothbay Harbor, Maine, is designated as a National Center and Facility.
SEC. 2209. FLORIDA KEYS NATIONAL MARINE SANCTUARY.
  (a) IMPLEMENTATION- Section 8 of the Florida Keys National Marine Sanctuary
  and Protection Act (16 U.S.C. 1433 note) is amended by adding at the end
  the following new subsection:
  `(d) IMPLEMENTATION- (1) The Administrator of the Environmental Protection
  Agency and the Governor of the State of Florida shall implement the program
  required by this section, in cooperation with the Secretary of Commerce.
  `(2)(A) The Regional Administrator of the Environmental Protection
  Agency shall with the Governor of the State of Florida establish a
  Steering Committee to set guidance and policy for the development and
  implementation of such program. Membership shall include representatives
  of the Environmental Protection Agency, the National Park Service, the
  United States Fish and Wildlife Service, the Army Corps of Engineers, the
  National Oceanic and Atmospheric Administration, the Florida Department
  of Community Affairs, the Florida Department of Environmental Regulation,
  the South Florida Water Management District, and the Florida Keys Aqueduct
  Authority; three individuals in local government in the Florida Keys;
  and three citizens knowledgeable about such program.
  `(B) The Steering Committee shall, on a biennial basis, issue a report to
  Congress that--
  `(i) summarizes the progress of the program;
  `(ii) summarizes any modifications to the program and its recommended
  actions and plans; and
  `(iii) incorporates specific recommendations concerning the implementation
  of the program.
  `(C) The Administrator of the Environmental Protection Agency and the
  Administrator of the National Oceanic and Atmospheric Administration
  shall cooperate with the Florida Department of Environmental Regulation to
  establish a Technical Advisory Committee to advise the Steering Committee
  and to assist in the design and prioritization of programs for scientific
  research and monitoring. The Technical Advisory Committee shall be composed
  of scientists from Federal agencies, State agencies, academic institutions,
  private non-profit organizations, and knowledgeable citizens.
  `(3)(A) The Regional Administrator of the Environmental Protection Agency
  shall appoint a Florida Keys Liaison Officer. The Liaison Officer, who
  shall be located within the State of Florida, shall have the authority
  and staff to--
  `(i) assist and support the implementation of the program required by this
  section, including administrative and technical support for the Steering
  Committee and Technical Advisory Committee;
  `(ii) assist and support local, State, and Federal agencies in developing
  and implementing specific action plans designed to carry out such program;
  `(iii) coordinate the actions of the Environmental Protection Agency with
  other Federal agencies, including the National Oceanic and Atmospheric
  Administration and the National Park Service, and State and local
  authorities, in developing strategies to maintain, protect, and improve
  water quality in the Florida Keys;
  `(iv) collect and make available to the public publications, and other forms
  of information that the Steering Committee determines to be appropriate,
  related to the water quality in the vicinity of the Florida Keys; and
  `(v) provide for public review and comment on the program and implementing
  actions.
  `(4)(A) There are authorized to be appropriated to the Administrator of
  the Environmental Protection Agency $2,000,000 for fiscal year 1993,
  $3,000,000 for fiscal year 1994, and $4,000,000 for fiscal year 1995,
  for the purpose of carrying out this section.
  `(B) There are authorized to be appropriated to the Secretary of Commerce
  $300,000 for fiscal year 1993, $400,000 for fiscal year 1994, and $500,000
  for fiscal year 1995, for the purpose of enabling the National Oceanic
  and Atmospheric Administration to carry out this section.
  `(C) Amounts appropriated under this paragraph shall remain available
  until expended.
  `(D) No more than 15 percent of the amount authorized to be appropriated
  under subparagraph (A) for any fiscal year may be expended in that fiscal
  year on administrative expenses.'.
  (b) TECHNICAL AMENDMENT- Section 8(c) of the Florida Keys National Marine
  Sanctuary and Protection Act (16 U.S.C. 1433 note) is amended by striking
  `paragraph (1)' and inserting in lieu thereof `subsection (a)'.
Subtitle C--Hawaiian Islands Humpback Whale Sanctuary
SEC. 2301. SHORT TITLE.
  This subtitle may be cited as the `Hawaiian Islands National Marine
  Sanctuary Act'.
SEC. 2302. FINDINGS.
  The Congress finds the following:
  (1) Many of the diverse marine resources and ecosystems within the Western
  Pacific region are of national significance and importance.
  (2) There are at present no ocean areas in the Hawaiian Islands designated
  as national marine sanctuaries or identified on the Department of Commerce's
  Site Evaluation List of sites to be investigated as potential candidates
  for designation as a national marine sanctuary under title III of the Marine
  Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
  (3) The Hawaiian Islands consist of eight major islands and 124 minor
  islands, with a total land area of 6,423 square miles and a general
  coastline of 750 miles.
  (4) The marine environment adjacent to and between the Hawaiian Islands
  is a diverse and unique subtropical marine ecosystem.
  (5) The Department of Commerce recently concluded in its Kahoolawe Island
  National Marine Sanctuary Feasibility Study that there is preliminary
  evidence of biological, cultural, and historical resources adjacent
  to Kahoolawe Island to merit further investigation for national marine
  sanctuary status.
  (6) The Department of Commerce also concluded in its Kahoolawe Island
  National Marine Sanctuary Feasibility Study that there are additional marine
  areas within the Hawaiian archipelago which merit further consideration
  for national marine sanctuary status and that the national marine sanctuary
  program could enhance marine resource protection in Hawaii.
  (7) The Hawaiian stock of the endangered humpback whale, the largest of
  the three North Pacific stocks, breed and calve within the waters of the
  main Hawaiian Islands.
  (8) The marine areas surrounding the main Hawaiian Islands, which are
  essential breeding, calving, and nursing areas for the endangered humpback
  whale, are subject to damage and loss of their ecological integrity from
  a variety of disturbances.
  (9) The Department of Commerce recently promulgated a humpback whale
  recovery plan which sets out a series of recommended goals and actions in
  order to increase the abundance of the endangered humpback whale.
  (10) An announcement of certain Hawaiian waters frequented by humpback whales
  as an active candidate for marine sanctuary designation was published in
  the Federal Register on March 17, 1982 (47 FR 11544).
  (11) The existing State and Federal regulatory and management programs
  applicable to the waters of the main Hawaiian Islands are inadequate
  to provide the kind of comprehensive and coordinated conservation and
  management of humpback whales and their habitat that is available under
  title III of the Marine Protection, Research, and Sanctuaries Act of 1972
  (16 U.S.C. 1431 et seq.).
  (12) Authority is needed for comprehensive and coordinated conservation
  and management of humpback whales and their habitat that will complement
  existing Federal and State regulatory authorities.
  (13) There is a need to support, promote, and coordinate scientific research
  on, and monitoring of, that portion of the marine environment essential
  to the survival of the humpback whale.
  (14) Public education, awareness, understanding, appreciation, and wise use
  of the marine environment are fundamental to the protection and conservation
  of the humpback whale.
  (15) The designation, as a national marine sanctuary, of the areas of
  the marine environment adjacent to the main Hawaiian Islands which are
  essential to the continued recovery of the humpback whale is necessary for
  the preservation and protection of this important national marine resource.
  (16) The marine sanctuary designated for the conservation and management
  of humpback whales could be expanded to include other marine resources of
  national significance which are determined to exist within the sanctuary.
SEC. 2303. DEFINITIONS.
  In this subtitle, the following definitions apply:
  (1) The term `adverse impact' means an impact that independently
  or cumulatively damages, diminishes, degrades, impairs, destroys, or
  otherwise harms.
  (2) The term `Sanctuary' means the Hawaiian Islands Humpback Whale National
  Marine Sanctuary designated under section 2305.
  (3) The term `Secretary' means the Secretary of Commerce.
SEC. 2304. POLICY AND PURPOSES.
  (a) POLICY- It is the policy of the United States to protect and preserve
  humpback whales and their habitat within the Hawaiian Islands marine
  environment.
  (b) PURPOSES- The purposes of this subtitle are--
  (1) to protect humpback whales and their habitat in the area described in
  section 2305(b);
  (2) to educate and interpret for the public the relationship of humpback
  whales to the Hawaiian Islands marine environment;
  (3) to manage such human uses of the Sanctuary consistent with this subtitle
  and title III of the Marine Protection, Research, and Sanctuaries Act of
  1972, as amended by this Act; and
  (4) to provide for the identification of marine resources and ecosystems
  of national significance for possible inclusion in the sanctuary designated
  in section 2305(a).
SEC. 2305. DESIGNATION OF SANCTUARY.
  (A) DESIGNATION- Subject to subsection (c), the area described in subsection
  (b) is designated as the Hawaiian Islands Humpback Whale National Marine
  Sanctuary under title III of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1451 et seq.), as amended by this title.
  (b) AREA INCLUDED- (1) Subject to subsections (c) and (d), the area referred
  to in subsection (a) consists of the submerged lands and waters off the
  coast of the Hawaiian Islands seaward of the upper reaches of the wash of
  the waves on shore--
  (A) to the one hundred fathom (one hundred and eighty-three meter) isobath
  adjoining the islands of Lanai, Maui, and Molokai, including Penguin Bank
  but excluding the area within 3 nautical miles of the upper reaches of
  the waves on the shore of Kahoolawe Island;
  (B) to the deep water area of Pailolo Channel from Cape Halawa, Molokai,
  to Nakalele Point, Maui, and southward; and
  (C) to the one hundred fathom (one hundred and eighty-three meter) isobath
  adjoining the Kilauea National Wildlife Refuge on the island of Kauai.
  (2)(A) On January 1, 1996, the area of the marine environment within
  3 nautical miles of the upper reaches of the wash of the waves on
  the shore of Kahoolawe Island is designated a part of the Sanctuary,
  unless during the 3-month period immediately preceding January 1, 1996,
  the Secretary certifies in writing to the Committee on Commerce, Science,
  and Transportation of the Senate and the Committee on Merchant Marine and
  Fisheries of the House of Representatives that the area is not suitable
  for inclusion in the Sanctuary. If such certification is made, it shall
  be accompanied by a written explanation of the Secretary's reasoning in
  support of the certification.
  (B) After a certification of unsuitability is made under subparagraph (A),
  the Secretary shall annually make a finding concerning the suitability of
  the area for inclusion in the Sanctuary and submit to such congressional
  committees a report on that finding and the reasons thereof. If the
  Secretary finds that the area is suitable for inclusion in the Sanctuary,
  the area is designated a part of the Sanctuary on the 30th day after such
  report is submitted.
  (C) Upon designation of the area under subparagraph (A) or (B), the area
  shall be managed as if it has been designated under section 2305, and the
  Secretary shall--
  (i) publish a notice in the Federal Register announcing the designation
  and identifying the area; and
  (ii) issue such regulations for the area as are necessary to fulfill the
  Secretary's responsibilities under this subtitle and title III of the Marine
  Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
  (3) The Secretary shall generally identify and depict the Sanctuary on
  National Oceanic and Atmospheric Administration charts. Those charts shall be
  maintained on file and kept available for public examination during regular
  business hours at the Office of Ocean and Coastal Resource Management of
  the National Oceanic and Atmospheric Administration. The Secretary shall
  update the charts to reflect any boundary modification under subsection
  (d), and any additional designation under paragraph (2) of this subsection.
  (c) EFFECT OF OBJECTION BY GOVERNOR- (1) If within 45 days after the date of
  the enactment of this title the Governor of Hawaii certifies to the Secretary
  that the designation (including the prospective additional designation under
  subsection (b)(2) of the area within 3 nautical miles of Kahoolawe Island)
  is unacceptable, the designation shall not take effect in the area of the
  Sanctuary lying within the seaward boundary of the State of Hawaii.
  (2) If within 45 days after the date of issuance of the comprehensive
  management plan and implementing regulations under section 2306 the
  Governor of Hawaii certifies to the Secretary that the management plan,
  any implementing regulation, or any term of the plan or regulations is
  unacceptable, the management plan, regulation, or term, respectively,
  shall not take effect in the area of the Sanctuary lying within the seaward
  boundary of the State of Hawaii.
  (3) If the Secretary considers that an action taken under paragraph (1) or
  (2) will affect the Sanctuary in a manner that the goals and objectives
  of this subtitle cannot be fulfilled, the Secretary may terminate the
  entire designation under subsection (a). At least thirty days prior to such
  termination, the Secretary shall submit written notification of the proposed
  termination to the Committee on Commerce, Science, and Transportation of
  the Senate and the Committee on Merchant Marine and Fisheries of the House
  of Representatives.
  (d) BOUNDARY MODIFICATIONS- No later than the date of issuance of the
  draft environmental impact statement for the Sanctuary under section
  304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries Act
  of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), the Secretary, in consultation
  with the Governor of Hawaii, if appropriate, may make modifications to
  the boundaries of the Sanctuary as necessary to fulfill the purpose of
  this subtitle. The Secretary shall submit to the Committee on Commerce,
  Science, and Transportation of the Senate and the Committee on Merchant
  Marine and Fisheries of the House of Representatives a written notification
  of such modifications.
SEC. 2306. COMPREHENSIVE MANAGEMENT PLAN.
  (a) PREPARATION OF PLAN- The Secretary, in consultation with interested
  persons and appropriate Federal, State, and local government authorities,
  shall develop and issue not later than 18 months after the date of enactment
  of this title a comprehensive management plan and implementing regulations
  to achieve the policy and purposes of this subtitle. In developing the plan
  and regulations, the Secretary shall follow the procedures specified in
  sections 303 and 304 of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1433 and 1434), as amended by this title. Such
  comprehensive management plan shall--
  (1) facilitate all public and private uses of the Sanctuary (including uses
  of Hawaiian natives customarily and traditionally exercised for subsistence,
  cultural, and religious purposes) consistent with the primary objective
  of the protection of humpback whales and their habitat;
  (2) set forth the allocation of Federal and State enforcement
  responsibilities, as jointly agreed by the Secretary and the State of Hawaii;
  (3) identify research needs and establish a long-term ecological monitoring
  program with respect to humpback whales and their habitat;
  (4) identify alternative sources of funding needed to fully implement
  the plan's provisions and supplement appropriations under section 2307
  of this subtitle and section 313 of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1444);
  (5) ensure coordination and cooperation between Sanctuary managers and
  other Federal, State, and local authorities with jurisdiction within or
  adjacent to the Sanctuary; and
  (6) promote education among users of the Sanctuary and the general public
  about conservation of humpback whales, their habitat, and other marine
  resources.
  (b) PUBLIC PARTICIPATION- The Secretary shall provide for participation
  by the general public in development of the comprehensive management plan
  or any amendment thereto.
SEC. 2307. AUTHORIZATION OF APPROPRIATIONS.
  For carrying out this subtitle, there are authorized to be appropriated to
  the Secretary $500,000 for fiscal year 1993 and $300,000 for fiscal year
  1994. Of the amounts appropriated under this section for fiscal year 1993--
  (1) not less than $50,000 shall be used by the Western Pacific Regional
  Team to evaluate potential national marine sanctuary sites for inclusion
  on the Department of Commerce's Site Evaluation List; and
  (2) not less than $50,000 shall be used to continue the investigation of
  biological, cultural, and historical resources adjacent to Kahoolawe Island.
TITLE III--MARINE MAMMAL STRANDINGS
SEC. 3001. SHORT TITLE.
  This title may be cited as the `Marine Mammal Health and Stranding
  Response Act'.
SEC. 3002. FINDINGS.
  The Congress finds the following:
  (1) Current stranding network participants have performed an undeniably
  valuable and ceaseless job of responding to marine mammal strandings over
  the last 15 years.
  (2) Insufficient understanding of the connection between marine mammal
  health and the physical, chemical, and biological parameters of their
  environment prevents an adequate understanding of the causes of marine
  mammal unusual mortality events.
  (3) An accurate assessment of marine mammal health, health trends in
  marine mammal populations in the wild, and causes of marine mammal unusual
  mortality events cannot be made without adequate reference data on marine
  mammals and the environment in which they live.
  (4) A systematic assessment of the sources, presence, levels, and effects of
  potentially harmful contaminants on marine mammals would provide a better
  understanding of some of the causes of marine mammal unusual mortality
  events and may serve as an indicator of the general health of our coastal
  and marine environments.
  (5) Responses to marine mammal unusual mortality events are often
  uncoordinated, due to the lack of sufficient contingency planning.
  (6) Standardized methods for the reporting of dying, dead, or otherwise
  incapacitated marine mammals in the wild would greatly assist in the
  determination of the causes of marine mammal unusual mortality events and
  enhance general knowledge of marine mammal species.
  (7) A formal system for collection, preparation, and archiving of,
  and providing access to, marine mammal tissues will enhance efforts to
  investigate the health of marine mammals and health trends of marine mammal
  populations, and to develop reference data.
  (8) Information on marine mammals, including results of analyses of marine
  mammal tissues, should be broadly available to the scientific community,
  including stranding network participants, through a marine mammal data base.
SEC. 3003. MARINE MAMMAL HEALTH AND STRANDING RESPONSE PROGRAM.
  (a) IN GENERAL- The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
  et seq.) is amended by adding at the end the following new title:
`TITLE III--MARINE MAMMAL HEALTH AND STRANDING RESPONSE
`SEC. 301. ESTABLISHMENT OF PROGRAM.
  `(a) ESTABLISHMENT- The Secretary shall, in consultation with the
  Secretary of the Interior, the Marine Mammal Commission, and individuals
  with knowledge and experience in marine science, marine mammal science,
  marine mammal veterinary and husbandry practices, and marine conservation,
  including stranding network participants, establish a program to be known
  as the `Marine Mammal Health and Stranding Response Program'.
  `(b) PURPOSES- The purposes of the Program shall be to--
  `(1) facilitate the collection and dissemination of reference data on the
  health of marine mammals and health trends of marine mammal populations
  in the wild;
  `(2) correlate the health of marine mammals and marine mammal populations,
  in the wild, with available data on physical, chemical, and biological
  environmental parameters; and
  `(3) coordinate effective responses to unusual mortality events by
  establishing a process in the Department of Commerce in accordance with
  section 304.
`SEC. 302. DETERMINATION; DATA COLLECTION AND DISSEMINATION.
  `(a) DETERMINATION FOR RELEASE- The Secretary shall, in consultation with
  the Secretary of the Interior, the Marine Mammal Commission, and individuals
  with knowledge and experience in marine science, marine mammal science,
  marine mammal veterinary and husbandry practices, and marine conservation,
  including stranding network participants, develop objective criteria,
  after an opportunity for public review and comment, to provide guidance
  for determining at what point a rehabilitated marine mammal is releasable
  to the wild.
  `(b) COLLECTION- The Secretary shall, in consultation with the Secretary
  of the Interior, collect and update, periodically, existing information on--
  `(1) procedures and practices for--
  `(A) rescuing and rehabilitating stranded marine mammals, including
  criteria used by stranding network participants, on a species-by-species
  basis, for determining at what point a marine mammal undergoing rescue
  and rehabilitation is returnable to the wild; and
  `(B) collecting, preserving, labeling, and transporting marine mammal
  tissues for physical, chemical, and biological analyses;
  `(2) appropriate scientific literature on marine mammal health, disease,
  and rehabilitation;
  `(3) strandings, which the Secretary shall compile and analyze, by region,
  to monitor species, numbers, conditions, and causes of illnesses and deaths
  of stranded marine mammals; and
  `(4) other life history and reference level data, including marine mammal
  tissue analyses, that would allow comparison of the causes of illness and
  deaths in stranded marine mammals with physical, chemical, and biological
  environmental parameters.
  `(c) AVAILABILITY- The Secretary shall make information collected under
  this section available to stranding network participants and other qualified
  scientists.
`SEC. 303. STRANDING RESPONSE AGREEMENTS.
  `(a) IN GENERAL- The Secretary may enter into an agreement under section
  112(c) with any person to take marine mammals under section 109(h)(1)
  in response to a stranding.
  `(b) REQUIRED PROVISION- An agreement authorized by subsection (a) shall--
  `(1) specify each person who is authorized to perform activities under
  the agreement; and
  `(2) specify any terms and conditions under which a person so specified
  may delegate that authority to another person.
  `(c) REVIEW- The Secretary shall periodically review agreements under
  section 112(c) that are entered into pursuant to this title, for performance
  adequacy and effectiveness.
`SEC. 304. UNUSUAL MORTALITY EVENT RESPONSE.
  `(a) RESPONSE-
  `(1) WORKING GROUP-
  `(A) The Secretary, acting through the Office, shall establish, in
  consultation with the Secretary of the Interior, a marine mammal unusual
  mortality event working group, consisting of individuals with knowledge
  and experience in marine science, marine mammal science, marine mammal
  veterinary and husbandry practices, marine conservation, and medical science,
  to provide guidance to the Secretary and the Secretary of the Interior for--
  `(i) determining whether an unusual mortality event is occurring;
  `(ii) determining, after an unusual mortality event has begun, if response
  actions with respect to that event are no longer necessary; and
  `(iii) developing the contingency plan in accordance with subsection (b),
  to assist the Secretary in responding to unusual mortality events.
  `(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply
  to the marine mammal unusual mortality event working group established
  under this paragraph.
  `(2) RESPONSE TIMING- The Secretary, in consultation with the Secretary
  of the Interior, shall to the extent necessary and practicable--
  `(A) within 24 hours after receiving notification from a stranding network
  participant that an unusual mortality event might be occurring, contact as
  many members as is possible of the unusual mortality event working group
  for guidance; and
  `(B) within 48 hours after receiving such notification--
  `(i) make a determination as to whether an unusual mortality event is
  occurring;
  `(ii) inform the stranding network participant of that determination; and
  `(iii) if the Secretary has determined an unusual mortality event is
  occurring, designate an Onsite Coordinator for the event, in accordance
  with subsection (c).
  `(b) CONTINGENCY PLAN-
  `(1) IN GENERAL- The Secretary shall, in consultation with the Secretary
  of the Interior and the unusual mortality event working group, and after
  an opportunity for public review and comment, issue a detailed contingency
  plan for responding to any unusual mortality event.
  `(2) CONTENTS- The contingency plan required under this subsection shall
  include--
  `(A) a list of persons, including stranding network participants,
  at a regional, State, and local level, who can assist the Secretary in
  implementing a coordinated and effective response to an unusual mortality
  event;
  `(B) the types of marine mammal tissues and analyses necessary to assist
  in diagnosing causes of unusual mortality events;
  `(C) training, mobilization, and utilization procedures for available
  personnel, facilities, and other resources necessary to conduct a rapid
  and effective response to unusual mortality events; and
  `(D) such requirements as are necessary to--
  `(i) minimize death of marine mammals in the wild and provide appropriate
  care of marine mammals during an unusual mortality event;
  `(ii) assist in identifying the cause or causes of an unusual mortality
  event;
  `(iii) determine the effects of an unusual mortality event on the size
  estimates of the affected populations of marine mammals; and
  `(iv) identify any roles played in an unusual mortality event by physical,
  chemical, and biological factors, including contaminants.
  `(c) ONSITE COORDINATORS-
  `(1) DESIGNATION-
  `(A) The Secretary shall, in consultation with the Secretary of the Interior,
  designate one or more Onsite Coordinators for an unusual mortality event, who
  shall make immediate recommendations to the stranding network participants
  on how to proceed with response activities.
  `(B) An Onsite Coordinator so designated shall be one or more appropriate
  Regional Directors of the National Marine Fisheries Service or the United
  States Fish and Wildlife Service, or their designees.
  `(C) If, because of the wide geographic distribution, multiple species
  of marine mammals involved, or magnitude of an unusual mortality event,
  more than one Onsite Coordinator is designated, the Secretary shall,
  in consultation with the Secretary of the Interior, designate which of
  the Onsite Coordinators shall have primary responsibility with respect to
  the event.
  `(2) FUNCTIONS-
  `(A) An Onsite Coordinator designated under this  subsection shall coordinate
  and direct the activities of all persons responding to an unusual mortality
  event in accordance with the contingency plan issued under subsection (b),
  except that--
  `(i) with respect to any matter that is not covered by the contingency plan,
  an Onsite Coordinator shall use his or her best professional judgment; and
  `(ii) the contingency plan may be temporarily modified by an Onsite
  Coordinator, consulting as expeditiously as possible with the Secretary,
  the Secretary of the Interior, and the unusual mortality event working group.
  `(B) An Onsite Coordinator may delegate to any qualified person authority
  to act as an Onsite Coordinator under this title.
`SEC. 305. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
  `(a) ESTABLISHMENT OF FUND- There is established in the Treasury a fund
  to be known as the `Marine Mammal Unusual Mortality Event Fund', which
  shall consist of amounts deposited into the Fund under subsection (c).
  `(b) USES-
  `(1) IN GENERAL- Amounts in the Fund--
  `(A) shall be available only for use by the Secretary, in consultation
  with the Secretary of the Interior--
  `(i) to compensate persons for special costs incurred in acting in accordance
  with the contingency plan issued under section 304(b) or under the direction
  of an Onsite Coordinator for an unusual mortality event; and
  `(ii) for reimbursing any stranding network participant for costs incurred
  in preparing and transporting tissues collected with respect to an unusual
  mortality event for the Tissue Bank; and
  `(B) shall remain available until expended.
  `(2) PENDING CLAIMS- If sufficient amounts are not available in the Fund
  to satisfy any authorized pending claim, such claim shall remain pending
  until such time as sufficient amounts are available. All authorized pending
  claims shall be satisfied in the order received.
  `(c) DEPOSITS INTO THE FUND- There shall be deposited into the Fund--
  `(1) amounts appropriated to the Fund;
  `(2) other amounts appropriated to the Secretary for use with respect to
  unusual mortality events; and
  `(3) amounts received by the United States in the form of gifts, devises,
  and bequests under subsection (d).
  `(d) ACCEPTANCE OF DONATIONS- For purposes of carrying out this title,
  the Secretary may accept, solicit, and use the services of volunteers,
  and may accept, solicit, receive, hold, administer, and use gifts, devises,
  and bequests.
`SEC. 306. LIABILITY.
  `(a) IN GENERAL- A person who is authorized to respond to a stranding
  pursuant to an agreement entered into under section 112(c) is deemed to
  be an employee of the government for purposes of chapter 171 of title 28,
  United States Code, with respect to actions of the person that are--
  `(1) in accordance with the agreement; and
  `(2) in the case of an unusual mortality event, in accordance with--
  `(A) the contingency plan issued under section 304(b);
  `(B) the instructions of an Onsite Coordinator designated under section
  304(c); or
  `(C) the best professional judgment of an Onsite Coordinator, in the case
  of any matter that is not covered by the contingency plan.
  `(b) LIMITATION- Subsection (a) does not apply to actions of a person
  described in that subsection that are grossly negligent or that constitute
  willful misconduct.
`SEC. 307. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
  `(a) TISSUE BANK-
  `(1) IN GENERAL- The Secretary shall make provision for the storage,
  preparation, examination, and archiving of marine mammal tissues. Tissues
  archived pursuant to this subsection shall be known as the `National Marine
  Mammal Tissue Bank'.
  `(2) GUIDANCE FOR MARINE MAMMAL TISSUE COLLECTION, PREPARATION, AND
  ARCHIVING- The Secretary shall, in consultation with individuals with
  knowledge and expertise in marine science, marine mammal science, marine
  mammal veterinary and husbandry practices, and marine conservation, issue
  guidance, after an opportunity for public review and comment, for marine
  mammal tissue collection, preparation, archiving, and quality control
  procedures, regarding--
  `(A) appropriate and uniform methods and standards for those activities
  to provide confidence in marine mammal tissue samples used for research; and
  `(B) documentation of procedures used for collecting, preparing, and
  archiving those samples.
  `(3) SOURCE OF TISSUE- In addition to tissues taken during marine mammal
  unusual mortality events, the Tissue Bank shall incorporate tissue samples
  taken from other sources in the wild, including--
  `(A) samples from marine mammals taken incidental to commercial fishing
  operations;
  `(B) samples from marine mammals taken for subsistence purposes;
  `(C) biopsy samples; and
  `(D) any other samples properly collected.
  `(b) TISSUE ANALYSIS- The Secretary shall, in consultation with the
  Marine Mammal Commission, the Secretary of the Interior, and individuals
  with knowledge and experience in marine science, marine mammal science,
  marine mammal veterinary and husbandry practices, and marine conservation,
  issue guidance, after an opportunity for public review and comment,
  for analyzing tissue samples (by use of the most effective and advanced
  diagnostic technologies and tools practicable) as a means to monitor and
  measure overall health trends in representative species or populations of
  marine mammals, including--
  `(1) the levels of, and if possible, the effects of, potentially harmful
  contaminants; and
  `(2) the frequency of, and if possible, the causes and effects of abnormal
  lesions or anomalies.
  `(c) DATA BASE-
  `(1) IN GENERAL- The Secretary shall maintain a central data base which
  provides an effective means for tracking and accessing data on marine
  mammals, including relevant data on marine mammal tissues collected for
  and maintained in the Tissue Bank.
  `(2) CONTENTS- The data base established under this subsection shall
  include--
  `(A) reference data on the health of marine mammals and populations of
  marine mammals; and
  `(B) data on species of marine mammals that are subject to unusual
  mortality events.
  `(d) ACCESS- The Secretary shall, in consultation with the Secretary of
  the Interior, establish criteria, after an opportunity for public review
  and comment, for access to--
  `(1) marine mammal tissues in the Tissue Bank;
  `(2) analyses conducted pursuant to subsection (b); and
  `(3) marine mammal data in the data base maintained under subsection (c);
which provide for appropriate uses of the tissues, analyses, and data by
qualified scientists, including stranding network participants.
`SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
  `There is authorized to be appropriated--
  `(1) to the Secretary for carrying out this title (other than sections
  305 and 307) $250,000 for each of fiscal years 1993 and 1994;
  `(2) to the Secretary for carrying out section 307, $250,000 for each of
  fiscal years 1993 and 1994; and
  `(3) to the Fund, $500,000 for fiscal year 1993.
`SEC. 309. DEFINITIONS.
  `In this title, the following definitions apply:
  `(1) The term `Fund' means the Marine Mammal Unusual Mortality Event Fund
  established by section 305(a).
  `(2) The term `Office' means the Office of Protected Resources, in the
  National Marine Fisheries Service.
  `(3) The term `stranding' means an event in the wild in which--
  `(A) a marine mammal is dead and is--
  `(i) on a beach or shore of the United States; or
  `(ii) in waters under the jurisdiction of the United States (including
  any navigable waters); or
  `(B) a marine mammal is alive and is--
  `(i) on a beach or shore of the United States and unable to return to
  the water;
  `(ii) on a beach or shore of the United States and, although able to return
  to the water, is in need of apparent medical attention; or
  `(iii) in the waters under the jurisdiction of the United States (including
  any navigable waters), but is unable to return to its natural habitat
  under its own power or without assistance.
  `(4) The term `stranding network participant' means a person who is
  authorized by an agreement under section 112(c) to take marine mammals as
  described in section 109(h)(1) in response to a stranding.
  `(5) The term `Tissue Bank' means the National Marine Tissue Bank provided
  for under section 307(a).
  `(6) The term `unusual mortality event' means a stranding that--
  `(A) is unexpected;
  `(B) involves a significant die-off of any marine mammal population; and
  `(C) demands immediate response.'.
  (b) IMPLEMENTATION- The Secretary of Commerce shall--
  (1) in accordance with section 302 (a) and (b) of the Marine Mammal
  Protection Act of 1972, as amended by this Act, and not later than 24
  months after the date of enactment of this Act--
  (A) develop and implement objective criteria to determine at what point
  a marine mammal undergoing rehabilitation is returnable to the wild; and
  (B) collect and make available information on marine mammal health and
  health trends; and
  (2) in accordance with section 304(b) of the Marine Mammal Protection Act
  of 1972, as amended by this Act, issue a detailed contingency plan for
  responding to any unusual mortality event--
  (A) in proposed form by not later than 18 months after the date of enactment
  of this Act; and
  (B) in final form by not later than 24 months after the date of enactment
  of this Act.
SEC. 3004. CONFORMING AMENDMENTS.
  (a) CROSS REFERENCES- The Marine Mammal Protection Act of 1972 is amended--
  (1) in section 102(a) (16 U.S.C. 1372(a)) by inserting `or title III'
  after `this title' the first place it appears;
  (2) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by inserting `or title III'
  after `this title'; and
  (3) in section 112(c) (16 U.S.C. 1382(c)) by inserting `or title III'
  after `this title'.
  (b) DEFINITION OF SECRETARY- Section 3(11) of the Marine Mammal Protection
  Act of 1972 (16 U.S.C. 1362(11)) is amended--
  (1) by striking `The term' and inserting `(A) Except as provided in
  subparagraph (B), the term';
  (2) by redesignating subparagraph (A) as clause (i);
  (3) by redesignating subparagraph (B) as clause (ii); and
  (4) by adding at the end the following new subparagraph:
  `(B) in title III the term `Secretary' means the Secretary of Commerce.'.
  (c) TABLE OF CONTENTS- The table of contents at the end of the first
  section of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
  seq.) is amended by adding at the end the following:
`Title III--Marine Mammal Health and Stranding Response
`Sec. 301. Establishment of program.
`Sec. 302. Determination; data collection and dissemination.
`Sec. 303. Stranding response agreements.
`Sec. 304. Unusual mortality event response.
`Sec. 305. Unusual mortality event activity funding.
`Sec. 306. Liability.
`Sec. 307. National Marine Mammal Tissue Bank and tissue analysis.
`Sec. 308. Authorization of appropriations.
`Sec. 309. Definitions.'.
SEC. 3005. PROJECT STUDY.
  The Secretary of the Army shall conduct studies for navigation projects
  for Provincetown Harbor, Massachusetts, and Aunt Lydia's Cove, Chatham,
  Massachusetts, and shall evaluate the benefits of the projects to commercial
  fishermen at full manufacturing wages. After completion of the studies,
  the Secretary of the Army shall carry out the projects under section 107
  of the River and Harbor Act of 1960 (33 U.S.C. 577).
SEC. 3006. TECHNICAL CLARIFICATION.
  Section 4283B of the Revised Statutes (46 App. U.S.C. 183c) is amended in
  paragraph (2) by inserting `any' before `court'.
TITLE IV--NEW YORK CITY ZEBRA MUSSEL PROGRAM
SEC. 4001. MONITORING AND PREVENTION.
  (a) IN GENERAL- The Secretary of the Army in consultation with the
  Administrator of the Environmental Protection Agency, the Director of the
  United States Fish and Wildlife Service, the Governor of the State of New
  York, and the Mayor of the city of New York, shall--
  (1) develop a prevention monitoring program for zebra mussels throughout
  the New York City water supply system;
  (2) develop appropriate zebra mussel prevention and removal technologies
  for the New York City water supply system; and
  (3) provide technical assistance to the State of New York and the city of
  New York on alternative design and maintenance practices for the New York
  City water supply system in the event of zebra mussel infestation.
  (b) COST SHARING- The Secretary of the Army shall not initiate any
  monitoring, prevention, or technical assistance project or program under
  this subsection until appropriate non-Federal interests agree, by contract,
  to contribute 25 percent of the cost for such project or program during
  the period of such project or program.
  (c) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out
  this subsection, there is authorized to be appropriated to the Secretary
  of the Army $2,000,000 for each fiscal years 1993, 1994, 1995, 1996,
  and 1997. Such sums shall remain available until expended.
SEC. 4002. EXOTIC AQUATIC ORGANISMS.
  Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and
  Control Act of 1990 (16 U.S.C. 4711(b)) is amended by adding at the end
  the following new paragraph:
  `(3) In addition to issuing regulations under paragraph (1), the Secretary,
  in consultation with the Task Force shall, not later than 24 months after
  the date of the enactment of this paragraph, issue regulations to prevent
  the introduction and spread of aquatic nuisance species into the Great
  Lakes through ballast water carried on vessels that, after operating on
  the waters beyond the exclusive economic zone, enter a United States port
  on the Hudson River north of the George Washington Bridge.'.
TITLE V--COAST GUARD AUTHORIZATION
SEC. 5001. SHORT TITLE.
  This title may be cited as the `Coast Guard Authorization Act of 1992'.
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.
  Funds are authorized to be appropriated for necessary expenses of the
  Coast Guard for Fiscal Year 1993, as follows:
  (1) For the operation and maintenance of the Coast Guard, $2,603,000,000,
  of which--
  (A) $253,100,000 shall be transferred from the Department of Defense;
  (B) $31,876,000 shall be derived from the Oil Spill Liability Trust Fund; and
  (C) $35,000,000 shall be expended from the Boat Safety Account.
  (2) For the acquisition, construction, rebuilding, and improvement of
  aids-to-navigation, shore and offshore facilities, vessels, and aircraft,
  including equipment related thereto, $419,300,000 to remain available
  until expended, of which--
  (A) $18,000,000 shall be transferred from the Department of Defense; and
  (B) $38,122,000 shall be derived from the Oil Spill Liability Trust Fund.
  (3) For research, development, test, and evaluation, $29,900,000, to remain
  available until expended, of which $4,000,000 shall be derived from the
  Oil Spill Liability Trust Fund.
  (4) For retired pay (including the payment of obligations otherwise
  chargeable to lapsed appropriations for this purpose), payments under
  the Retired Serviceman's Family Protection and Survivor Benefit Plans,
  and payments for medical care of retired personnel and their dependents
  under chapter 55 of title 10, United States Code, $519,700,000, to remain
  available until expended.
  (5) For alteration or removal of bridges over navigable waters of the
  United States constituting obstructions to navigation, and for personnel
  and administrative costs associated with the Bridge Administration Program,
  $12,600,000, to remain available until expended.
  (6) For environmental compliance and restoration at Coast Guard facilities,
  $30,500,000, to remain available until expended.
SEC. 5003. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING.
  (a) As of September 30, 1993, the Coast Guard is authorized an end-of-year
  strength for active duty personnel of 39,732. The authorized strength
  does not include members of the Ready Reserve called to active duty under
  section 712 of title 14, United States Code.
  (b) For Fiscal Year 1993, the Coast Guard is authorized average military
  training student loads as follows:
  (1) For recruit and special training, 2,653 student years.
  (2) For flight training, 110 student years.
  (3) For professional training in military and civilian institutions,
  362 student years.
  (4) For officer acquisition, 878 student years.
SEC. 5004. SHORE FACILITIES IMPROVEMENTS AT GROUP CAPE HATTERAS.
  Of amounts authorized to be appropriated for acquisition, construction,
  rebuilding, and improvement, the Secretary of Transportation shall expend
  not more than $5,500,000, in Fiscal Years 1993, 1994, 1995, 1996, and 1997,
  for shore facilities improvements within Group Cape Hatteras, North Carolina.
SEC. 5005. PREPOSITIONED OIL SPILL CLEANUP EQUIPMENT.
  Of the amounts authorized to be appropriated for acquisition, construction,
  rebuilding, and improvement that are derived from the Oil Spill Liability
  Trust Fund in fiscal year 1993, the Secretary of Transportation shall
  expend not more than--
  (1) $890,000 to acquire and preposition oil spill response equipment at
  Houston, Texas; and
  (2) $1,160,000 for the enhancement of Columbia River marine, fire, oil,
  and toxic spill response communications, training, equipment and program
  administration activities conducted by the Maritime Fire and Safety
  Association.
SEC. 5006. OIL SPILL TRAINING SIMULATORS.
  Of the amounts authorized to be appropriated for acquisition, construction,
  rebuilding, and improvement that are derived from the Oil Spill Liability
  Trust Fund in fiscal year 1993, the Secretary of Transportation shall make
  available not more than--
  (1) $1,250,000 to the Texas Center for Marine Training and Safety
  at Galveston, Texas, for the purchase of marine oil spill management
  simulator; and
  (2) $1,250,000 to the Massachusetts Center for Marine Environmental
  Protection, located at Buzzards Bay, Massachusetts, for the purchase of
  a marine oil spill management simulator.
SEC. 5007. EVACUATION ALLOWANCE.
  Section 208 of the Dire Emergency Supplemental Appropriations Act, 1992
  (Public Law 102-368) applies to military personnel and civilian employees
  of the United States Coast Guard to the same extent as that section applies
  to the Department of Defense, except that funds available to the Coast
  Guard shall be used.
Subtitle A--Boating Safety
SEC. 5101. TREATMENT OF UNOBLIGATED ALLOCATIONS FOR STATE RECREATIONAL
BOATING SAFETY PROGRAMS.
  Section 13104 of title 46, United States Code, is amended to read as follows:
`Sec. 13104. Availability of allocations
  `(a)(1) Amounts allocated to a State shall be available for obligation by
  that State for a period of 3 years after the date of allocation.
  `(2) Amounts allocated to a State that are not obligated at the end of the
  3-year period referred to in paragraph (1) shall be withdrawn and allocated
  by the Secretary in addition to any other amounts available for allocation
  in the fiscal year in which they are withdrawn or the following fiscal year.
  `(b) Amounts available to the Secretary for State recreational boating
  safety programs for a fiscal year that have not been allocated at the end
  of the fiscal year shall be allocated among States in the next fiscal year
  in addition to amounts otherwise available for allocation to States for
  that next fiscal year.'.
SEC. 5102. INCREASED PENALTIES FOR OPERATING A VESSEL WHILE INTOXICATED.
  Section 2302(c)(1) of title 46, United States Code, is amended by striking
  `$1,000;' and inserting `$1,000 for a first violation and not more than
  $5,000 for a subsequent violation;'.
SEC. 5103. FUTURE BOATERS EDUCATION PROGRAM.
  Not later than six months after the date of enactment of this Act, the
  Secretary of Transportation shall submit to the Committee on Commerce,
  Science, and Transportation of the Senate and the Committee on Merchant
  Marine and Fisheries of the House of Representatives a plan to increase the
  availability of voluntary safe boating education to individuals 16 years of
  age or younger. In developing the plan, the Secretary shall consider using
  the resources of the Coast Guard Auxiliary to provide boating education
  to the greatest extent possible.
Subtitle B--Miscellaneous
SEC. 5201. COAST GUARD BAND DIRECTOR.
  Section 336(d) of title 14, United States Code, is amended by striking
  `lieutenant'.
SEC. 5202. RECYCLING PROGRAM.
  Section 641 of title 14, United States Code, is amended by adding the
  following:
  `(c)(1) The Commandant may--
  `(A) provide for the sale of recyclable materials that the Coast Guard holds;
  `(B) provide for the operation of recycling programs at Coast Guard
  installations; and
  `(C) designate Coast Guard installations that have qualified recycling
  programs for the purposes of subsection (d)(2).
  `(2) Recyclable materials shall be sold in accordance with section 203 of
  the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484).
  `(d)(1) Proceeds from the sale of recyclable materials at a Coast Guard
  installation shall be credited to funds available for operations and
  maintenance at that installation in amounts sufficient to cover operations,
  maintenance, recycling equipment, and overhead costs for processing
  recyclable materials at the installation.
  `(2) If, after funds are credited, a balance remains available to a Coast
  Guard installation and the installation has a qualified recycling program,
  not more than 50 percent of that balance may be used at the installation
  for projects for pollution abatement, energy conservation, and occupational
  safety and health activities. The cost of the project may not be greater
  than 50 percent of the amount permissible for a minor construction project.
  `(3) The remaining balance available to a Coast Guard, installation may
  be transferred to the Coast Guard Morale, Welfare, and Recreation Program.
  `(e) If the balance available to the Coast Guard installation under this
  section at the end of a fiscal year is in excess of $200,000, the amount
  of that excess shall be deposited in the general fund of the Treasury as
  offsetting receipts of the Department in which the Coast Guard is operating
  and ascribed to Coast Guard activities.'.
SEC. 5203. CONFIDENTIALITY OF MEDICAL RECORDS.
  (a) Title 14, United States Code is amended by inserting after section
  644 the following new section:
-`Sec. 645. Confidentiality of medical quality assurance records; qualified
immunity for participants
  `(a) In this section--
  `(1) `medical quality assurance program' means any activity carried
  out by or for the Coast Guard to assess the quality of medical care,
  including activities conducted by individuals, military medical or dental
  treatment facility committees, or other review bodies responsible for
  quality assurance, credentials, infection control, patient care assessment
  (including treatment procedures, blood, drugs, and therapeutics) medical
  records, health resources management review and identification and prevention
  of medical or dental incidents and risks.
  `(2) `medical quality assurance record' means the proceedings, records,
  minutes, and reports that emanate from quality assurance program activities
  described in paragraph (1) and are produced or compiled by the Coast Guard
  as part of a medical quality assurance program.
  `(3) `health care provider' means any military or civilian health care
  professional who, under regulations prescribed by the Secretary, is
  granted clinical practice privileges to provide health care services
  in a military medical or dental treatment facility or who is licensed
  or certified to perform health care services by a governmental board or
  agency or professional health care society or organization.
  `(b) Medical quality assurance records created by or for the Coast
  Guard as part of a medical quality assurance program are confidential and
  privileged. The records may not be disclosed to any person or entity except
  as provided in subsection (d).
  `(c)(1) Medical quality assurance records are not subject to discovery
  and may not be admitted into evidence in any judicial or administrative
  proceeding, except as provided in subsection (d).
  `(2) Except as provided in this section, an individual who reviews or
  creates medical quality assurance records for the Coast Guard or who
  participates in any proceeding that reviews or creates the records may
  not testify in any judicial or administrative proceeding with respect to
  the records or with respect to any finding, recommendation, evaluation,
  opinion, or action taken by that person in connection with the records.
  `(d)(1) Subject to paragraph (2), a medical quality assurance record may
  be disclosed, and an individual referred to in subsection (c) may testify
  in connection with a record only as follows:
  `(A) To a Federal executive agency or private organization, if necessary
  to license, accredit, or monitor Coast Guard health care facilities.
  `(B) To an administrative or judicial proceeding commenced by a present or
  former Coast Guard or Coast Guard assigned Public Health Service health
  care provider concerning the termination, suspension, or limitation of
  clinical privileges of the health care provider.
  `(C) To a governmental board or agency or to a professional health care
  society or organization, if necessary to perform licensing, or privileging,
  or to monitor professional standards for a health care provider who is
  or was a member or an employee of the Coast Guard or the Public Health
  Service assigned to the Coast Guard.
  `(D) To a hospital, medical center, or other institution that provides health
  care services, if necessary to assess the professional qualifications of
  any health care provider who is or was a member or employee of the Coast
  Guard or the Public Health Service assigned to the Coast Guard and who has
  applied for or been granted authority or employment to provide health care
  services in or on behalf of the institution.
  `(E) To an officer, member, employee, or contractor of the Coast Guard or the
  Public Health Service assigned to the Coast Guard if for official purposes.
  `(F) To a criminal or civil law enforcement agency or instrumentality
  charged under applicable law with the protection of the public health or
  safety, if a qualified representative of the agency or instrumentality
  makes a written request that the record or testimony be provided for a
  purpose authorized by law.
  `(G) In an administrative or judicial proceeding commenced by a criminal or
  civil law enforcement agency or instrumentality referred to in subparagraph
  (F), but only with respect to the subject of the proceeding.
  `(2) Except in a quality assurance action, the identity of any individual
  receiving health care services from the Coast Guard or the identity of any
  other individual associated with the agency for the purposes of a medical
  quality assurance program that is disclosed in a medical quality assurance
  record shall be deleted from that record or document before any disclosure
  of the record is made outside the Coast Guard. This requirement does not
  apply to the release of information under section 552a of title 5.
  `(d) Except as provided in this section, a person having possession of or
  access to a record or testimony described by this section may not disclose
  the contents of the record or testimony.
  `(e) Medical quality assurance records may not be made available to any
  person under section 552 of title 5.
  `(f) An individual who participates in or provides information to an
  individual that reviews or creates medical quality assurance records
  is not civilly liable for participating or providing the information if
  the participation or provision of information was in good faith based on
  prevailing professional standards at the time the medical quality assurance
  program activity took place.
  `(g) Nothing in this section shall be construed as--
  `(1) authority to withhold from any person aggregate statistical information
  regarding the results of Coast Guard medical quality assurance programs;
  `(2) authority to withhold any medical quality assurance record from a
  committee of either House of Congress, any joint committee of Congress,
  or the General Accounting Office if the record pertains to any matter
  within their respective jurisdictions;
  `(3) limiting access to the information in a record created and maintained
  outside a medical quality assurance program, including a patient's medical
  records, on the grounds that the information was presented during meetings
  of a review body that are part of a medical quality assurance program.
  `(h) Except as otherwise provided in this section, an individual who
  willfully discloses a medical quality assurance record knowing that the
  record is a medical quality assurance record, is liable to the United States
  Government for a civil penalty of not more than $3,000 in the case of a
  first offense and not more than $20,000 in the case of a subsequent offense.'
  (b) The analysis for chapter 17 of title 14, United States Code, is amended
  by adding after the item relating to section 644 the following new item:
`645. Confidentiality of medical quality assurance records; qualified immunity
for participants.'.
SEC. 5204. TELEPHONE INSTALLATION AND CHARGES.
  (a) Title 14, United States Code, is amended by adding the following
  new section:
`Sec. 669. Telephone installation and charges
  `Under regulations prescribed by the Secretary, amounts appropriated
  to the Department of Transportation are available to install, repair,
  and maintain telephone wiring in residences owned or leased by the United
  States Government and, if necessary for national defense purposes in other
  private residences.'
  (b) The analysis for chapter 17 of title 14, United States Code, is amended
  by adding at the end the following new item:
`669. Telephone Installation and Charges.'.
SEC. 5205. SPECIAL PAY.
  (a) Section 306(a) of title 37, United States Code, is amended by striking
  `of pay grade O-3, O-4, O-5, or O-6' and inserting `of pay grade O-6 or
  below', and by striking the chart and inserting the following new chart:
---------------------------
   `Pay Grade Monthly Rate
---------------------------
          O-6 $150
          O-5  100
O-4 and below  50'.
---------------------------
  (b) Section 306(c) of title 37, United States Code, is amended by striking
  `in pay grade O-3,' and inserting `in each of the pay grades O-3 and below,'.
SEC. 5206. AMENDMENT OF INLAND NAVIGATIONAL RULES.
  Section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001
  et seq.) is amended by amending Rule 1(d) (33 U.S.C. 2001(d)) to read
  as follows:
  `(d) Traffic separation schemes may be established for the purpose of
  these Rules. Vessel traffic service regulations may be in effect in certain
  areas.'; and
  (2) By amending Rule 10 (33 U.S.C. 2010) to read as follows:
`Rule 10
`Traffic Separation Schemes
  `(a) This Rule applies to traffic separation schemes and does not relieve
  any vessel of her obligation under any other Rule.
  `(b) A vessel using a traffic separation scheme shall:
  `(i) proceed in the appropriate traffic lane in the general direction of
  traffic flow for that lane;
  `(ii) so far as practicable keep clear of a traffic separation line or
  separation zone;
  `(iii) normally join or leave a traffic lane at the termination of the lane,
  but when joining or leaving from either side shall do so at as small an
  angle to the general direction of traffic flow as practicable.
  `(c) A vessel shall, so far as practicable, avoid crossing traffic lanes
  but if obliged to do so shall cross on a heading as nearly as practicable
  at right angles to the general direction of traffic flow.
  `(d)(i) A vessel shall not use an inshore traffic zone when she can safely
  use the appropriate traffic lane within the adjacent traffic separation
  scheme. However, vessels of less than twenty meters in length, sailing
  vessels, and vessels engaged in fishing may use the inshore traffic zone.
  `(ii) Notwithstanding subparagraph (d)(i), a vessel may use an inshore
  traffic zone when en route to or from a port, offshore installation or
  structure, pilot station, or any other place situated within the inshore
  traffic zone, or to avoid immediate danger.
  `(e) A vessel other than a crossing vessel or a vessel joining or leaving
  a lane shall not normally enter a separation zone or cross a separation
  line except:
  `(i) in cases of emergency to avoid immediate danger; or
  `(ii) to engage in fishing within a separation zone.
  `(f) A vessel navigating in areas near the terminations of traffic separation
  schemes shall do so with particular caution.
  `(g) A vessel shall so far as practicable avoid anchoring in a traffic
  separation scheme or in areas near its terminations.
  `(h) A vessel not using a traffic separation scheme shall avoid it by as
  wide a margin as is practicable.
  `(i) A vessel engaged in fishing shall not impede the passage of any vessel
  following a traffic lane.
  `(j) A vessel of less than twenty meters in length or a sailing vessel
  shall not impede the safe passage of a power-driven vessel following a
  traffic lane.
  `(k) A vessel restricted in her ability to maneuver when engaged in
  an operation for the maintenance of safety of navigation in a traffic
  separation scheme is exempted from complying with this Rule to the extent
  necessary to carry out the operation.
  `(1) A vessel restricted in her ability to maneuver when engaged in an
  operation for the laying, servicing, or picking up of a submarine cable,
  within a traffic separation scheme, is exempted from complying with this
  Rule to the extent necessary to carry out the operation.'.
SEC. 5207. STATE MARITIME ACADEMY VESSEL INSPECTION FEE RELIEF.
  Section 2110 of title 46, United States Code, is amended by adding at the
  end the following:
  `(j) The Secretary may not establish or collect a fee or charge for the
  inspection under part B of this subtitle of training vessels operated by
  state maritime academies.'.
SEC. 5208. INSPECTION OF GREAT LAKES BARGES.
  (a) Section 2101 of title 46, United States Code, is amended by inserting
  after paragraph (13) the following new paragraph:
  `(13a) `Great Lakes barge' means a non-self-propelled vessel of at least
  3,500 gross tons operating on the Great Lakes.'
  (b) Section 3301 of title 46, United States Code, is amended by adding at
  the end the following new paragraph:
  `(13) Great Lakes barges.'.
  (c) For Great Lakes barges placed in operation after the date of enactment
  of this Act, the amendments made by this section take effect on the date
  of enactment of this Act.
  (d)(1) For Great Lakes barges in operation on the date of enactment of
  this Act, the amendments made by this section take effect one year after
  the date of enactment of this Act.
  (2) The Secretary of Transportation may impose reasonable interim
  requirements to assure safe operation of the barges affected by paragraph
  (1).
SEC. 5209. TANK VESSEL DEFINITION CLARIFICATION.
  (a) In this section, `offshore supply vessel', `fish tender vessel',
  `fishing vessel', and `tank vessel' have the meanings given those terms
  under section 2101 of title 46, United States Code.
  (b) The following vessels are deemed not to be a tank vessel for the
  purposes of any law:
  (1) An offshore supply vessel.
  (2) A fishing or fish tender vessel of not more than 750 gross tons that
  transfers without charge to a fishing vessel owned by the same person.
  (c)(1) This section does not affect the authority of the Secretary
  of Transportation under chapter 33 of title 46, United States Code, to
  regulate the operation of the vessels listed in subsection (b) to ensure
  the safe carriage of oil and hazardous substances.
  (2) This section does not affect the requirement for fish tender vessels
  engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81,
  and 87 of title 46, United States Code, as provided in the Aleutian Trade
  Act of 1990 (Public Law 101-595).
  (d) Current regulations governing the vessels in subsection (b) remain
  in effect.
SEC. 5210. AUTHORITY FOR THE COAST GUARD TO INSPECT AND WITHHOLD DOCUMENTS
OF CERTAIN FOREIGN PASSENGER VESSELS.
  (a) Section 3303(a) of title 46, United States Code, is amended in the
  first sentence--
  (1) by striking `only' immediately after `is subject'; and
  (2) by striking `the condition of the vessel's propulsion equipment and
  lifesaving equipment are' and inserting in lieu thereof `the condition of
  the vessel is'.
  (b) Section 3505 of title 46, United States Code, is amended by striking
  `or domestic vessel of more than 100 gross tons having berth or stateroom
  accommodations for at least 50 passengers' and insert `vessel'.
SEC. 5211. REIMBURSEMENT FOR OVERSEAS INSPECTIONS AND EXAMINATIONS.
  Section 3317(b) of title 46, United States Code, is amended--
  (1) by striking `chapter' and inserting `part'; and
  (2) by inserting `or a foreign vessel' immediately after `documented vessel'.
SEC. 5212. WATCHSTANDING ON CERTAIN VESSELS.
  Section 8104 of title 46, United States Code, is amended--
  (1) in subsection (g), by inserting `a vessel used only to respond to
  a discharge of oil or a hazardous substance,' after `an offshore supply
  vessel,'; and
  (2) by redesignating the second subsection (n) as subsection (o).
SEC. 5213. DENIAL AND REVOCATION OF ENDORSEMENTS.
  (a) Chapter 121 of title 46, United States Code, is amended--
  (1) in section 12103(a), by striking `On' and inserting `Except as provided
  in section 12123 of this title, on';
  (2) by amending section 12110(c) to read as follows:
  `(c) A vessel and its equipment are liable to seizure by and forfeiture
  to the United States Government--
  `(1) when a vessel is operated after its endorsement has been denied or
  revoked under section 12123 of this title;
  `(2) when a vessel is employed in a trade without an appropriate trade
  endorsement; or
  `(3) when a documented vessel with a recreational endorsement is operated
  other than for pleasure.'; and
  (3) by adding the following new section:
`Sec. 12123. Denial and revocation of endorsements
  `When the owner of a vessel fails to pay a civil penalty assessed by the
  Secretary, the Secretary may deny the issuance or renewal of an endorsement
  or revoke the endorsement on a certificate of documentation issued under
  this chapter.'.
  (b) The analysis for chapter 121 of title 46, United States Code, is
  amended by adding at the end the following:
`12123. Denial and revocation of endorsements.'.
SEC. 5214. ACCEPTANCE OF EVIDENCE OF PAYMENT OF COAST GUARD FEES.
  The Secretary of Transportation may not issue a citation for failure to
  pay a fee or charge established under section 2110 of title 46, United
  States Code, to an owner or operator of a recreational vessel who provides
  reasonable evidence of prior payment of the fee or charge to a Coast Guard
  boarding officer.
SEC. 5215. SCHEDULE FOR OPERATION OF DRAWBRIDGE OF WOODROW WILSON MEMORIAL
BRIDGE.
  (a)(1) The Secretary of the department in which the Coast Guard is operating
  (in this section referred to as the `Secretary') shall not operate the
  drawbridge of the Woodrow Wilson Memorial Bridge in the following periods
  for the passage of a commercial vessel:
  (A) Monday through Friday (except Federal holidays), 5:00 a.m. to 10:00
  a.m. and 2:00 p.m. to 8:00 p.m.
  (B) Saturday, Sunday, and Federal holidays, 2:00 p.m. to 7:00 p.m.
  (2) The Secretary need not operate the drawbridge of the Woodrow Wilson
  Memorial Bridge for the passage of a commercial vessel under paragraph
  (1) unless--
  (A) the owner or operator of the vessel provides the bridge tender with
  an estimate of the approximate time of that passage at least 12 hours in
  advance; and
  (B) the owner or operator of the vessel notifies the bridge tender at
  least 4 hours in advance of the requested time for that passage.
  (3) Not later than 180 days after the date of enactment of this Act,
  the Secretary shall issue an Advance Notice of Proposed Rulemaking to
  solicit comments on whether there are practical ways to encourage owners
  and operators of commercial vessels to make every reasonable effort to
  notify the bridge tender of the time a vessel will pass the Woodrow Wilson
  Memorial Bridge by not later than 24 hours before that passage.
  (b)(1) The Secretary shall not operate the drawbridge of the Woodrow
  Wilson Memorial Bridge in the following periods for the passage of a
  recreational vessel:
  (A) Monday through Friday (except Federal holidays), 5:00 a.m. to 12:00
  midnight;
  (B) Saturday, Sunday, and Federal holidays, 7:00 a.m. to 12:00 midnight,
  except as provided in paragraph (2).
  (2) Notwithstanding paragraph (1)(B), the Secretary may operate the
  drawbridge of the Woodrow Wilson Memorial Bridge beginning at 10:00 p.m. on
  Saturday, Sunday, or a Federal holiday for the passage of a recreational
  vessel, if the owner or operator of the vessel notifies the Secretary of
  the time of that passage by not later than 12 hours before that time.
  (3) This subsection shall not be construed to prohibit a recreational vessel
  from passing the Woodrow Wilson Memorial Bridge at any time at which the
  drawbridge is being operated for the passage of a commercial vessel.
  (c) The Secretary shall operate the drawbridge of the Woodrow Wilson
  Memorial Bridge on signal at anytime for a vessel in distress.
SEC. 5216. STATION BRANT POINT BOAT HOUSE.
  (a)(1) The Secretary of Transportation shall convey to the town of Nantucket,
  Massachusetts, all right, title, and interest of the United States in and
  to the building known as the Station Brant Point Boat House located at
  Coast Guard Station Brant Point, Nantucket, Massachusetts.
  (2) A conveyance of the building under paragraph (1) shall be made--
  (A) without the payment of consideration; and
  (B) subject to appropriate terms and conditions the Secretary considers
  necessary.
  (b)(1) The Secretary shall enter into a lease of not less than 20 years
  permitting the town of Nantucket to occupy the property on which the Brant
  Point Boat House is located, subject to appropriate terms and conditions
  the Secretary considers necessary.
  (2) If the Secretary determines that the property leased under paragraph
  (1) is necessary for purposes of Coast Guard, the Secretary--
  (A) may terminate the lease without payment of compensation; and
  (B) shall provide the town of Nantucket with not less than 12 months
  notice of the requirement to vacate the site and move the Boat House to
  another location.
SEC. 5217. STUDY OF THE APPLICATION OF TILTROTOR AIRCRAFT TECHNOLOGY TO
COAST GUARD MISSIONS.
  (a) Not later than one year after the date of enactment of this Act,
  the Secretary of Transportation shall submit a study to Congress on the
  application of the V-22 Osprey tiltrotor technology to Coast Guard missions.
  (b) In conducting the study under subsection (a), the Secretary shall--
  (1) evaluate the application of tiltrotor technology to Coast Guard
  missions including--
  (A) search and rescue at sea; and
  (B) the enforcement of laws of the United States especially with respect
  to drug interdiction;
  (2) determine whether use of the technology in the Coast Guard marine
  environmental protection program would minimize the damage caused by oil
  or hazardous substances spills in the waters of the United States; and
  (3) determine what effect the technology would have on Coast Guard manpower
  and operating costs, compared to those costs associated with technology
  currently used by the Coast Guard.
SEC. 5218. ENFORCEMENT AGREEMENTS.
  The Coast Guard and the Department of Commerce shall enter into a Memorandum
  of Agreement regarding fisheries enforcement practices and procedures
  that provide at a minimum for the opportunity, if timely requested, to
  appear in person to respond to charges of violation of law or regulation
  when the opportunity for a hearing is granted by statute. The Memorandum
  of Agreement shall also provide that all enforcement procedures shall be
  fair and consistently applied.
SEC. 5219. AUTHORIZING PAYMENTS TO CERTAIN SUBCONTRACTORS.
  (a) Not later than 6 months after the date of enactment of this Title,
  the Secretary of Transportation shall determine the amounts that MZP,
  Incorporated, owes to all subcontractors that performed work or supplied
  materials under Coast Guard contract DTCG50-87-C-00096.
  (b) Investigations or interviews conducted to determine amounts owed under
  subsection (a) shall be conducted in Ketchikan, Alaska.
  (c) not later than two months after making the determinations under
  subsection (a), the Secretary is authorized to pay the subcontractors the
  amounts owed.
SEC. 5220. SANKATY HEAD LIGHT STATION.
  (a)(1) The Secretary of Transportation shall convey to the Nantucket
  Historical Association in Nantucket, Massachusetts, by an appropriate means
  of conveyance, all right, title, and interest of the United States in and
  to property comprising the Sankaty Head Light Station.
  (2) The Secretary may identify, describe, and determine the property to
  be conveyed pursuant to this section.
  (b)(1) A conveyance of property pursuant to this section shall be made--
  (A) without the payment of consideration;
  (B) subject to the condition that all or part of the property may be sold
  and the money from the sale used for the purpose of moving the Sankaty
  Head Lighthouse to a location at which the Lighthouse can be maintained
  and preserved and for its maintenance and preservation in accordance with
  paragraph (2); and
  (C) subject to such other terms and conditions as the Secretary may
  consider appropriate.
  (2) In addition to any term or condition established pursuant to paragraph
  (1), any conveyance of property pursuant to this section shall be subject
  to the condition that all right, title, and interest in the Sankaty Head
  Lighthouse shall immediately revert to the United States if the Lighthouse
  ceases to be maintained as a nonprofit center for public benefit for the
  interpretation and preservation of the material culture of the United
  States Coast Guard and the maritime history of Nantucket, Massachusetts.
  (3) Any conveyance of property pursuant to this section shall be subject to
  such conditions as the Secretary considers to be necessary to assure that--
  (A) the light, antennas, sound signal, and associated lighthouse equipment
  located on the property conveyed, which are active aids to navigation,
  shall continue to be operated and maintained by the United States for as
  long as they are needed for this purpose;
  (B) the Nantucket Historical Association may not interfere or allow
  interference in any manner with such aids to navigation without express
  written permission from the United States;
  (C) there is reserved to the United States the right to replace, or add
  any aids to navigation, or make any changes to the Sankaty Head Lighthouse
  as may be necessary for navigation purposes;
  (D) the United States shall have the right, at any time, to enter the
  property conveyed, or the property to which the Sankaty Head Lighthouse is
  relocated, without notice for the purpose of maintaining navigation aids; and
  (E) the United States shall have an easement of access to such property
  for the purpose of maintaining the navigational aids in use on the property.
  (4) The Nantucket Historical Association shall not have any obligation
  to maintain any active aid to navigation equipment on property conveyed
  pursuant to this section or on property to which the Sankaty Head Lighthouse
  may be relocated.
  (c) The Nantucket Historical Association shall maintain the Sankaty Head
  Lighthouse in accordance with the provisions of the National Historic
  Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws.
  (d) For purposes of this section;
  (1) `Sankaty Head Light Station' means the Coast Guard lighthouse located
  on the eastern shore of Nantucket Island, Massachusetts, including the
  keeper's dwelling, adjacent Coast Guard rights of way, and such land as
  may be necessary to enable the Nantucket Historical Association to use
  the proceeds from the sale of the land for the relocation, maintenance
  and preservation of the Sankaty Head Lighthouse; and
  (2) `Sankaty Head Lighthouse' means the Coast Guard lighthouse located at
  the Sankaty Head Light Station.
SEC. 5221. STUDY OF BUOY CHAIN PROCUREMENT PRACTICES.
  (a) Not later than six months after the date of enactment of this Title,
  the Secretary of Transportation shall submit a study to Congress on
  acquisition of Coast Guard buoy chain.
  (b) In conducting the study under subsection (a), the Secretary shall
  consider--
  (1) the ability of United States buoy chain manufacturers to successfully
  compete for United States Government contracts to provide buoy chain to
  the Coast Guard; and
  (2) the effect on the national security of United States dependence on
  foreign sources for acquisition of buoy chain.
SEC. 5222. CORRECTION REGARDING CERTAIN EXEMPTIONS.
  Section 4506 of title 46, United States Code, is amended by striking
  `4502(b)(2)' and inserting `4502(b)(2)(B)'.
SEC. 5223. CONTRACT FOR CERTAIN SERVICES AT COAST GUARD SUPPORT CENTER IN
KODIAK, ALASKA.
  Notwithstanding any other law, the Coast Guard is authorized, pursuant
  to the provisions of applicable acquisition regulations, to enter into a
  negotiated contract with PTI, at a fair and reasonable price that reflects
  a fair allocation of costs between Alaska ratepayers and the Coast Guard,
  to provide Digitrex central-office-based business services to the Coast
  Guard Support Center in Kodiak, Alaska, at Building 576. The Coast Guard
  shall pay only for service and service enhancements received or to be
  received by the United States at the Coast Guard Support Center, Kodiak,
  Alaska. The termination liability of such contract shall be  negotiated,
  but shall not exceed $842,047.
Subtitle C--Abandoned Barges
SEC. 5301. SHORT TITLE.
  This subtitle may be cited as the `Abandoned Barge Act of 1992'.
SEC. 5302. ABANDONMENT OF BARGES.
  Part B of subtitle II of title 46, United States Code, is amended by adding
  at the end the following new chapter:
`CHAPTER 47--ABANDONMENT OF BARGES
`Sec.
`4701. Definitions.
`4702. Abandonment of barge prohibited.
`4703. Penalty for unlawful abandonment of barge.
`4704. Removal of abandoned barges.
`4705. Liability of barge removal contractors.
`Sec. 4701. Definitions
  `In this chapter--
  `(1) `abandon' means to moor, strand, wreck, sink, or leave a barge of
  more than 100 gross tons unattended for longer than forty-five days.
  `(2) `barge removal contractor' means a person that enters into a contract
  with the United States to remove an abandoned barge under this chapter.
  `(3) `navigable waters of the United States' means waters of the United
  States, including the territorial sea.
  `(4) `removal' or `remove' means relocation, sale, scrapping, or other
  method of disposal.
`Sec. 4702. Abandonment of barge prohibited
  `(a) An owner or operator of a barge may not abandon it on the navigable
  waters of the United States. A barge is deemed not to be abandoned if--
  `(1) it is located at a Federally- or State-approved mooring area;
  `(2) it is on private property with the permission of the owner of the
  property; or
  `(3) the owner or operator notifies the Secretary that the barge is not
  abandoned and the location of the barge.'
`Sec. 4703. Penalty for unlawful abandonment of barge
  `Thirty days after the notification procedures under section 4704(a)(1)
  are completed, the Secretary may assess a civil penalty of not more than
  $1,000 for each day of the violation against an owner or operator that
  violates section 4702. A vessel with respect to which a penalty is assessed
  under this chapter is liable in rem for the penalty.
`Sec. 4704. Removal of abandoned barges
  `(a)(1) The Secretary may remove a barge that is abandoned after complying
  with the following procedures:
  `(A) If the identity of the owner or operator can be determined, the
  Secretary shall notify the owner or operator by certified mail--
  `(i) that if the barge is not removed it will be removed at the owner's
  or operator's expense; and
  `(ii) of the penalty under section 4703.
  `(B) If the identity of the owner or operator cannot be determined, the
  Secretary shall publish an announcement in--
  `(i) a notice to mariners; and
  `(ii) an official journal of the county in which the barge is located
that if the barge is not removed it will be removed at the owner's or
operator's expense.
  `(2) The United States, and any officer or employee of the United States
  is not liable to an owner or operator for damages resulting from removal
  of an abandoned barge under this chapter.
  `(b) The owner or operator of an abandoned barge is liable, and an abandoned
  barge is liable in rem, for all expenses that the United States incurs in
  removing an abandoned barge under this chapter.
  `(c)(1) The Secretary may, after providing notice under subsection (a)(1),
  solicit by public advertisement sealed bids for the removal of an abandoned
  barge.
  `(2) After solicitation under paragraph (1) the Secretary may award a
  contract. The contract--
  `(A) may be subject to the condition that the barge and all property on
  the barge is the property of the barge removal contractor; and
  `(B) must require the barge removal contractor to submit to the Secretary
  a plan for the removal.
  `(3) Removal of an abandoned barge may begin thirty days after the Secretary
  completes the procedures under subsection (a)(1).
`Sec. 4705. Liability of barge removal contractors
  `(a)(1) A barge removal contractor and its subcontractor not liable for
  damages that result from actions taken or omitted to be taken in the course
  of removing a barge under this chapter.
  `(2) Paragraph (1) does not apply--
  `(A) with respect to personal injury or wrongful death; or
  `(B) if the contractor or subcontractor is grossly negligent or engages
  in willful misconduct.'.
SEC. 5303. APPLICATION TO CERTAIN BARGES.
  Chapter 47 of title 46, United States Code, as added by subsection (a), does
  not apply to a barge abandoned before June 11, 1992, if the barge was removed
  before the date that is 1 year after the date of enactment of this title.
SEC. 5304. CLERICAL AMENDMENT.
  The analysis of subtitle II at the beginning of title 46, United States Code,
  is amended by inserting after the item relating to chapter 45 the following:
4701'.
SEC. 5305. NUMBERING OF BARGES.
  Section 12301 of title 46, United States Code, is amended--
  (1) by inserting `(a)' before `An undocumented vessel'; and
  (2) by adding at the end the following:
  `(b) The Secretary shall require an undocumented barge more than 100 gross
  tons operating on the navigable waters of the United States to be numbered.'.
Subtitle D--Honoring the Coast Guard Women's Reserve
SEC. 5401. FINDINGS.
  The Congress finds the following:
  (1) The Congress passed legislation 50 years ago establishing the Coast
  Guard Women's Reserve.
  (2) The Congress recognized both women's right to participate in the total
  war effort and the military's pressing need for women during World War II.
  (3) The Congress responded to women's commitment and dedication by creating
  the Coast Guard Women's Reserve as a sister service to the WACS, and the
  Women Marines.
  (4) The first director of the Coast Guard Women's Reserve, Captain Dorothy
  C. Stratton, named the Coast Guard Women's Reserve SPAR, an acronym derived
  from the Latin and English translations of the Coast Guard motto, Semper
  Paratus Always Ready.
  (5) The first director recruited the best and brightest women from industry,
  educational institutions, and homes.
  (6) SPARS' high level of education and experience greatly reduced the need
  for further training and SPARS only needed to be taught military structure
  and Coast Guard missions and traditions.
  (7) SPARS made history by being the first women trained at a service academy.
  (8) SPARS performed admirably as executive officers, division heads,
  officers of the day, watch officers, and courts martial members.
  (9) SPARS served our Nation as boatswain mates, coxswains, gunners mates,
  carpenters, and machinists mates.
  (10) SPARS served with distinction in highly specialized jobs during the
  Korean War and the Vietnam Conflict.
  (11) A group of Coast Guard Women's Reserve remained on active duty during
  the 1950's and 1960's, primarily at Coast Guard headquarters.
  (12) In 1950, women were integrated into the Organized Reserve Training
  Program.
  (13) In every phase of Coast Guard history, women have served our Nation
  with dedication, honor, and sacrifice.
SEC. 5402. DESIGNATION OF SPAR ANNIVERSARY WEEK.
  November 17 through November 23, 1992, is designated as `SPAR Anniversary
  Week'. The President is authorized and requested to issue a proclamation
  calling on the people of the United States to observe the week with
  appropriate programs, ceremonies, and activities.
Subtitle E--Merchant Marine Provisions
SEC. 5501. COASTWISE LAWS.
  (a)(1) Section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292) is amended
  to read as follows:
`SECTION 1. VESSELS THAT MAY ENGAGE IN DREDGING.
  `(a) IN GENERAL- Except as provided in subsection (b), a vessel may engage
  in dredging in the navigable waters of the United States only if--
  `(1) the vessel meets the requirements of section 27 of the Merchant
  Marines Act, 1920 and section 2 of the Shipping Act, 1916 for engaging in
  the coastwise trade;
  `(2) when chartered, the charterer of the vessel is a citizen of the
  United States under section 2 of the Shipping Act, 1916 for engaging in
  the coastwise trade; and
  `(3) for a vessel that is at least 5 net tons, the vessel is documented under
  chapter 121 of title 46, United States Code, with a coastwise endorsement.
  `(b) EXCEPTION- A documented vessel with a registry endorsement may engage
  in the dredging of gold in Alaska.
  `(c) PENALTY- When a vessel is operated in knowing violation of this section,
  that vessel and its equipment are liable to seizure by and forfeiture to
  the United States Government.'.
  (2) The amendment made by paragraph (1) does not apply to--
  (A)(i) the vessel STUYVESANT, official number 648540;
  (ii) any other hopper dredging vessel documented under chapter 121 of
  title 46, United States Code before the effective date of this Act and
  chartered to Stuyvesant Dredging Company or to an entity in which it has
  an ownership interest; however, this exception expires on December 3, 2022
  or when the vessel STUYVESANT ceases to be documented under chapter 121,
  whichever first occurs; and
  (iii) any other non-hopper dredging vessel documented under chapter 121
  and chartered to Stuyvesant Dredging Company or to an entity in which
  it has an ownership interest, as is necessary (a) to fulfill dredging
  obligations under a specific contract, including any extension periods;
  or (b) as temporary replacement capacity for a vessel which has become
  disabled but only for so long as the disability shall last and until the
  vessel is in a position to fully resume dredging operations; however,
  this exception expires on December 8, 2022 or when the vessel STUYVESANT
  ceases to be documented under chapter 121, whichever first occurs;
  (B) the vessel COLUMBUS, official number 590658, except that the vessel's
  certificate of documentation shall be endorsed to prohibit the vessel from
  engaging in the transportation of merchandise (except valueless material),
  including dredge material of value, between places within the navigable
  waters of the United States;
  (C) a vessel that is engaged in dredged material excavation if that
  excavation is not more than a minority of the total cost of the construction
  contract in which the excavation is a single, integral part, and the
  vessel is--
  (i) built in the United States;
  (ii) a non-self-propelled mechanical clamshell dredging vessel; and
  (iii) owned or chartered by a corporation that had on file with the Secretary
  of Transportation, on August 1, 1989, the certificate specified in section
  27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1); or
  (D) any other documented vessel engaged in dredging and time chartered to
  an entity that, on August 1, 1989, was, and has continuously remained, the
  parent of a corporation that had on file with the Secretary of Transportation
  on August 1, 1989, a certificate specified in section 27A of the Merchant
  Marine Act, 1920 (46 App. U.S.C. 883-1) if the vessel is--
  (i) not engaged in a federally funded navigation dredging project; and
  (ii) engaged only in dredging associated with, and integral to,
  accomplishment of that parent's regular business requirements.
  (b) Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) is
  amended by striking `merchandise' the first place it appears and inserting
  `merchandise, including merchandise owned by the United States Government,
  a State (as defined in section 2101 of the title 46, United States Code),
  or a subdivision of a State,'.
  (c) The Act of June 7, 1988 (Public Law 100-329; 102 Stat. 588), including
  the amendments made by that Act, does not apply to a vessel--
  (1) engaged in the transportation of valueless material or valueless
  dredged material; and
  (2) owned or chartered by a corporation that had on file with the Secretary
  of Transportation on August 1, 1989, the certificate specified in section
  27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1).
SEC. 5502. TREATMENT OF CERTAIN SEIZED FISHING VESSELS UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967.
  (a) Notwithstanding another law, each of the vessels described in subsection
  (b) of this section is deemed to have been covered by an agreement, beginning
  August 13, 1992, and ending September 29, 1992, with the Secretary of State
  under section 7 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977).
  (b) The vessels referred to in subsection (a) are the following:
  (1) THE KANAOLA (United States official number 923848).
  (2) THE MANA LOA (United States official number 919649).
  (3) THE MANA OLA (United States official number 902605).
  (4) THE MANA IKI (United States official number 906800).
Subtitle F--Clean Vessels
SEC. 5601. SHORT TITLE.
  This subtitle may be cited as the `Clean Vessel Act of 1992'.
SEC. 5602. FINDINGS; PURPOSE.
  (a) FINDINGS- The Congress finds the following:
  (1) The discharge of untreated sewage by vessels is prohibited under
  Federal law in all areas within the navigable waters of the United States.
  (2) The discharge of treated sewage by vessels is prohibited under either
  Federal or State law in many of the United States bodies of water where
  recreational boaters operate.
  (3) There is currently an inadequate number of pumpout stations for type
  III marine sanitation devices where recreational vessels normally operate.
  (4) Sewage discharged by recreational vessels because of an inadequate
  number of pumpout stations is a substantial contributor to localized
  degradation of water quality in the United States.
  (b) PURPOSE- The purpose of this subtitle is to provide funds to States
  for the construction, renovation, operation, and maintenance of pumpout
  stations and waste reception facilities.
SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION DEVICE
PUMPOUT STATION NEEDS.
  (a) SURVEY- Within 3 months after the notification under section 5605(b),
  each coastal State shall conduct a survey to determine--
  (1) the number and location of all operational pumpout stations and waste
  reception facilities at public and private marinas, mooring areas, docks,
  and other boating access facilities within the coastal zone of the State; and
  (2) the number of recreational vessels in the coastal waters of the State
  with type III marine sanitation devices or portable toilets, and the areas
  of those coastal waters where those vessels congregate.
  (b) PLAN- Within 6 months after the notification under section 5605(b),
  and based on the survey conducted under subsection (a), each coastal
  State shall--
  (1) develop and submit to the Secretary of the Interior a plan for
  any construction or renovation of pumpout stations and waste reception
  facilities that are necessary to ensure that, based on the guidance issued
  under section 5605(a), there are pumpout stations and waste reception
  facilities in the State that are adequate and reasonably available to meet
  the needs of recreational vessels using the coastal waters of the State; and
  (2) submit to the Secretary of the Interior with that plan a list of
  all stations and facilities in the coastal zone of the State which are
  operational on the date of submittal.
  (c) Plan Approval-
  (1) IN GENERAL- Not later than 60 days after a plan is submitted by a
  State under subsection (b), the Secretary of the Interior shall approve
  or disapprove the plan, based on--
  (A) the adequacy of the survey conducted by the State under subsection
  (a); and
  (B) the ability of the plan, based on the guidance issued under section
  5605(a), to meet the construction and renovation needs of the recreational
  vessels identified in the survey.
  (2) NOTIFICATION OF STATE; MODIFICATION- The Secretary of the Interior shall
  promptly notify the affected Governor of the approval or disapproval of a
  plan. If a plan is disapproved, the Secretary of the Interior shall recommend
  necessary modifications and return the plan to the affected Governor.
  (3) RESUBMITTAL- Not later than 60 days after receiving a plan returned
  by the Secretary of the Interior, the Governor shall make the appropriate
  changes and resubmit the plan.
  (d) Indication of Stations and Facilities on NOAA Charts-
  (1) IN GENERAL- The Under Secretary of Commerce for Oceans and Atmosphere
  shall indicate, on charts published by the National Oceanic and Atmospheric
  Administration for the use of operators of recreational vessels, the
  locations of pumpout stations and waste reception facilities.
  (2) Notification of NOAA-
  (A) LISTS OF STATIONS AND FACILITIES- The Secretary of the Interior shall
  transmit to the Under Secretary of Commerce for Oceans and Atmosphere each
  list of operational stations and facilities submitted by a State under
  subsection (b)(2), by not later than 30 days after the date of receipt of
  that list.
  (B) COMPLETION OF PROJECT- The Director of the United States Fish and
  Wildlife Service shall notify the Under Secretary of the location of
  each station or facility at which a construction or renovation project is
  completed by a State with amounts made available under the Act of August 9,
  1950 (16 U.S.C. 777a et seq.), as amended by this subtitle, by not later
  than 30 days after the date of notification by a State of the completion
  of the project.
SEC. 5604. FUNDING.
  (a) TRANSFER- Section 4 of the Act of August 9, 1950 (16 U.S.C. 777c),
  is amended--
  (1) by striking `So much, not to exceed 6 per centum,' and all that follows
  through `shall apportion the remainder of the appropriation for each fiscal
  year among the several States' and inserting the following:
  `(a) The Secretary of the Interior shall distribute 18 per centum of each
  annual appropriation made in accordance with the provisions of section
  3 of this Act as provided in the Coastal Wetlands Planning, Protection,
  and Restoration Act (title III, Public Law 101-646). Notwithstanding the
  provisions of section 3 of this Act, such sums shall remain available to
  carry out such Act through fiscal year 1999.
  `(b) Of the balance of each such annual appropriation remaining after making
  the distribution under subsection (a), an amount equal to $10,000,000 for
  fiscal year 1993, $15,000,000 for each of fiscal years 1994 and 1995, and
  $20,000,000 for each of fiscal years 1996, and 1997 shall be used as follows:
  `(1) one-half shall be transferred to the Secretary of Transportation and
  be expended for State recreational boating safety programs under section
  13106(a)(1) of title 46, United States Code; and
  `(2) one-half of amounts made available under this subsection  in a fiscal
  year shall be available for two years for obligation under section 5604(c)
  of the Clean Vessel Act of 1992. The Secretary of the Interior may make
  grants for qualified projects in an amount up to the amount available under
  this paragraph. Amounts unobligated by the Secretary of the Interior after
  two years shall be transferred  to the Secretary of Transportation and
  be expended for State recreational boating safety programs under section
  13106(a)(1) of title 46, United States Code.
In fiscal year 1998, an amount equal to $20,000,000 of the balance remaining
after the distribution under subsection (a) shall be transferred to the
Secretary of Transportation and be expended for State recreational boating
safety programs under section 13106(a)(1) of title 46, United States Code.
  `(c) Of the balance of each such annual appropriation remaining after the
  distribution and use under subsections (a) and (b), respectively, so much,
  not to exceed 6 per centum of such balance, as the Secretary of the Interior
  may estimate to be necessary for his or her expenses in the conduct of
  necessary investigations, administration, and the execution of this Act and
  for aiding in the formulation, adoption, or administration of any compact
  between two or more States for the conservation and management of migratory
  fishes in marine or freshwaters, shall be deducted for that purpose, and
  such sum is authorized to be made available until the expiration of the
  next succeeding fiscal year.
  `(d) The Secretary of the Interior, after the distribution, transfer,
  use, and deduction under subsections (a), (b), and (c), respectively,
  shall apportion the remainder of each such annual appropriation among the
  several States'; and
  `(2) by inserting `(e)' before `So much of any sum' and redesignating the
  last 2 sentences of that section as subsection (e).
  (b) ACCESS INCREASE- Section 8 of the Act of August 9, 1950 (16 U.S.C. 777g),
  is amended--
  (1) in subsection (b)(1) by:
  (A) striking `10 per centum' and inserting `12 1/2  per centum'; and
  (B) inserting after the first sentence the following: `Notwithstanding
  this provision, States within a United States Fish and Wildlife Service
  Administrative Region may allocate more or less than 12 1/2  per centum
  in a fiscal year, provided that the total regional allocation averages 12
  1/2  per centum over a 5 year period.';
  (2) in subsection (b)(2) by:
  (A) striking `fiscal year' after `succeeding' the first time it appears
  and inserting `four fiscal years'; and
  (B) striking `succeeding fiscal year' the second time it appears and
  inserting `period';
  (3) in subsection (c) by inserting `and outreach' in the first sentence
  after `education'; and
  (4) by adding at the end the following new subsection:
  `(d) PUMPOUT STATIONS AND WASTE RECEPTION FACILITIES- Amounts apportioned
  to States under section 4 of this Act may be used to pay not more than 75
  percent of the costs of constructing, renovating, operating, or maintaining
  pumpout stations and waste reception facilities (as those terms are defined
  in the Clean Vessel Act of 1992).'.
  (c) Grant Program-
  (1) MATCHING GRANTS- The Secretary of the Interior may obligate an amount
  not to exceed the amount made available under section 4(b)(2) of the Act
  of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to make
  grants to--
  (A) coastal States to pay not more than 75 percent of the cost to a coastal
  State of--
  (i) conducting a survey under section 5603(a);
  (ii) developing and submitting a plan and accompanying list under section
  5603(b);
  (iii) constructing and renovating pumpout stations and waste reception
  facilities; and
  (iv) conducting a program to educate recreational boaters about the problem
  of human body waste discharges from vessels and inform them of the location
  of pumpout stations and waste reception facilities.
  (B) inland States, which can demonstrate to the Secretary of the Interior
  that there are an inadequate number of pumpout stations and waste reception
  facilities to meet the needs of recreational vessels in the waters of that
  State, to pay 75 percent of the cost to that State of--
  (i) constructing and renovating pumpout stations and waste reception
  facilities in the inland State; and
  (ii) conducting a program to educate recreational boaters about the problem
  of human body waste discharges from vessels and inform them of the location
  of pumpout stations and waste reception facilities.
  (2) PRIORITY- In awarding grants under this subsection, the Secretary of
  the Interior shall give priority consideration to grant applications that--
  (A) in coastal States, propose constructing and renovating pumpout stations
  and waste reception facilities in accordance with a coastal State's plan
  approved under section 5603(c);
  (B) provide for public/private partnership efforts to develop and operate
  pumpout stations and waste receptions facilities; and
  (C) propose innovative ways to increase the availability and use of pumpout
  stations and waste reception facilities.
  (d) DISCLAIMER- Nothing in this subtitle shall be interpreted to preclude
  a State from carrying out the provisions of this subtitle with funds other
  than those described in this section.
SEC. 5605. GUIDANCE AND NOTIFICATION.
  (a) ISSUANCE OF GUIDANCE- Not later than 3 months after the date of
  the enactment of this subtitle, the Secretary of the Interior shall,
  after consulting with the Administrator of the Environmental Protection
  Agency, the Under Secretary of Commerce for Oceans and Atmosphere, and the
  Commandant of the Coast Guard, issue for public comment pumpout station
  and waste reception facility guidance. The Secretary of the Interior shall
  finalize the guidance not later than 6 months after the date of enactment
  of this subtitle. The guidance shall include--
  (1) guidance regarding the types of pumpout stations and waste reception
  facilities that may be appropriate for construction, renovation, operation,
  or maintenance with amounts available under the Act of August 9, 1950
  (16 U.S.C. 777a et seq.), as amended by this subtitle, and appropriate
  location of the stations and facilities within a marina or boatyard;
  (2) guidance defining what constitutes adequate and reasonably available
  pumpout stations and waste reception facilities in boating areas;
  (3) guidance on appropriate methods for disposal of vessel sewage from
  pumpout stations and waste reception facilities;
  (4) guidance on appropriate connector fittings to facilitate the sanitary
  and expeditious discharge of sewage from vessels;
  (5) guidance on the waters most likely to be affected by the discharge of
  sewage from vessels; and
  (6) other information that is considered necessary to promote the
  establishment of pumpout facilities to reduce sewage discharges from
  vessels and to protect United States waters.
  (b) NOTIFICATION- Not later than one month after the guidance issued under
  subsection (a) is finalized, the Secretary of the Interior shall provide
  notification in writing to the fish and wildlife, water pollution control,
  and coastal zone management authorities of each State, of--
  (1) the availability of amounts under the Act of August 9, 1950 (16
  U.S.C. 777a et seq.) to implement the Clean Vessel Act of 1992; and
  (2) the guidance developed under subsection (a).
SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.
  This subtitle shall not be construed or applied to jeopardize any funds
  available to a coastal State under the Act of August 9, 1950 (16 U.S.C. 777a
  et seq.), if the coastal State is, in good faith, pursuing a survey and
  plan designed to meet the purposes of this subtitle.
SEC. 5607. APPLICABILITY.
  The requirements of section 5603 shall not apply to a coastal State
  if within six months after the date of enactment of this subtitle the
  Secretary of the Interior certifies that--
  (1) the State has developed and is implementing a plan that will ensure that
  there will be pumpout stations and waste reception facilities adequate to
  meet the needs of recreational vessels in the coastal waters of the State; or
  (2) existing pumpout stations and waste reception facilities in the coastal
  waters of the State are adequate to meet those needs.
SEC. 5608. DEFINITIONS.
  For the purposes of this subtitle the term:
  (1) `coastal State'--
  (A) means a State of the United States in, or bordering on the Atlantic,
  Pacific, or Arctic Ocean; the Gulf of Mexico; Long Island Sound; or one
  or more of the Great Lakes;
  (B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of
  the Northern Mariana Islands, and American Samoa; and
  (C) does not include a State for which the ratio of the number of
  recreational vessels in the State numbered under chapter 123 of title
  46, United States Code, to number of miles of shoreline (as that term
  is defined in section 926.2(d) of title 15, Code of Federal Regulations,
  as in effect on January 1, 1991), is less than one.
  (2) `coastal waters' means--
  (A) in the Great Lakes area, the waters within the territorial jurisdiction
  of the United States consisting of the Great Lakes, their connecting waters,
  harbors, roadsteads, and estuary-type areas such as bays, shallows, and
  marshes; and
  (B) in other areas, those waters, adjacent to the shorelines, which contain
  a measurable percentage of sea water, including sounds, bay, lagoons,
  bayous, ponds, and estuaries.
  (3) `coastal zone' has the same meaning that term has in section 304(1)
  of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1));
  (4) `inland State' means a State which is not a coastal state;
  (5) `type III marine sanitation device' means any equipment for installation
  on board a vessel which is specifically designed to receive, retain,
  and discharge human body wastes;
  (6) `pumpout station' means a facility that pumps or receives human body
  wastes out of type III marine sanitation devices installed on board vessels;
  (7) `recreational vessel' means a vessel--
  (A) manufactured for operation, or operated, primarily for pleasure; or
  (B) leased, rented, or chartered to another for the latter's pleasure; and
  (8) `waste reception facility' means a facility specifically designed
  to receive wastes from portable toilets carried on vessels, and does not
  include lavatories.
TITLE VI--DOCUMENTATION OF VESSELS
Subtitle A--Waivers
SEC. 6101. GENERAL WAIVERS.
  Notwithstanding sections 12106, 12107, and 12108 of title 46, United States
  Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
  the Secretary of Transportation may issue a certificate of documentation
  for the following vessels:
  (1) A WEIGH OF LIFE (United States official number 973177).
  (2) Barge MM 262 (United States official number 298924).
  (3) BAY LADY (United States official number 944634).
  (4) BLACK MAGIC (United States official number 617553).
  (5) BLITHE SPIRIT (United States official number 584730).
  (6) BLUEJACKET (United States official number 973459).
  (7) BROWN BEAR (United States official number 980667).
  (8) CAMINANTE (United States official number 953255).
  (9) DELPHINUS II (United States official number 958902).
  (10) EAGLE (United States official number 645820).
  (11) EL BONGO (hull identification number C-200146; New York State
  registration number 1104FE).
  (12) FIFTY-FIFTY (United States official number 272866).
  (13) FOUR B'S (United States official number 915062).
  (14) HAZANA (State of Hawaii registration number HA9219D).
  (15) HIGH CALIBRE (United States official number 587630).
  (16) JUBILEE (United States official number 582812).
  (17) LIQUID GOLD (United States official number 618121).
  (18) MARIPOSA (United States official number 982102).
  (19) MISS JOAN (State of Ohio registration number 3250 XK).
  (20) NORTH ATLANTIC (United States official number 695377).
  (21) POTOMAC QUEEN (District of Columbia registration number DC7239B).
  (22) REDDY JANE (United States official number 928388).
  (23) SEA HORSE (United States official number 516343).
  (24) SHORELINE XV (United States official number 644839).
  (25) SLALOM (Florida registration number FL1590HD).
  (26) SOUTHERN YANKEE (United States official number 976653).
  (27) THE DAY DREAM (United States official number 644805).
  (28) TOUCH OF CLASS (State of Hawaii registration number HA8762E).
  (29) WILD GOOSE (State of California registration number CF6431FW).
SEC. 6102. WAIVER FOR OIL SPILL ACTIVITIES.
  Notwithstanding sections 12106 and 12108 of title 46, United States Code,
  and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
  the Secretary of Transportation may issue a certificate of documentation
  for the vessel U.S.M.V. DELIVERER (United States official number 661235)
  with usage of the vessel under sections 12106 and 12108 of title 46,
  United States Code, limited to oil spill cleanup and support activities.
SEC. 6103. LIMITED WAIVER.
  Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
  App. U.S.C. 883), the Secretary of Transportation may issue a certificate
  of documentation for the vessel TESORO (official number 696047).
SEC. 6104. LIMITED WAIVER FOR YUPIK STAR.
  Notwithstanding section 12106 of title 46, United States Code, and section
  27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as applicable
  on the date of the enactment of this Act, the Secretary of Transportation
  may issue a certificate of documentation for the fish processing vessel
  YUPIK STAR (United States official number 900823).
SEC. 6105. SALE OF VESSELS.
  (a) SALE AUTHORIZED- Notwithstanding any other law or any agreement
  with the United States Government, the vessels described in subsection
  (b) may be sold to a person that is not a citizen of the United States
  and transferred to a foreign registry, if that sale is approved by the
  Secretary of Transportation under section 9(c) of the Shipping Act, 1916
  (46 App. U.S.C. 808(c)).
  (b) VESSELS DESCRIBED- The vessels referred to in subsection (a) are
  the following:
  (1) OCEAN CHALLENGER (United States official number 569583).
  (2) OCEAN RUNNER (United States official number 564344).
  (3) OCEAN WIZARD (United States official number 574906).
Subtitle B--Maritime Amendments
SEC. 6201. STUDENT INCENTIVE PAYMENTS.
  (a) AMOUNT OF ANNUAL PAYMENT-
  (1) INCREASE IN AMOUNT- Section 1304(g)(1) of the Merchant Marine Act, 1936
  (46 App. U.S.C. 1295c(g)(1)) is amended by striking `$1,200' and inserting
  `$3,000'.
  (2) APPLICATION- The amendment made by subsection (a) shall apply to
  payments under section 1304(g)(1) of the Merchant Marine Act, 1936 (46
  App. U.S.C. 1295c(g)(1)) made with respect to academic years beginning
  after the date of the enactment of this Act.
  (b) MANNER OF PAYMENT- Section 1304(g)(1) of the Merchant Marine Act, 1936
  (46 App. U.S.C. 1295c(g)(1)) is further amended--
  (1) in subparagraph (B) by inserting `and' after the semicolon;
  (2) by striking subparagraph (C);
  (3) by redesignating subparagraph (D) as subparagraph (C); and
  (4) in subparagraph (C) (as so redesignated) by striking `, for the academic
  years after those years specified in subparagraph (C),'.
  (c) CONFORMING AMENDMENT- Section 1304(g)(4) of the Merchant Marine Act,
  1936 (46 App. U.S.C. 1295c(g)(4)) is amended by striking `paragraph (1)(C)
  of this subsection' and inserting `paragraph (1)'.
SEC. 6202. TRANSFER OF CERTAIN VESSELS.
  The Secretary of the Navy shall transfer to the Department of Transportation
  the following vessels, to be assigned as training ships to Texas A&M
  University at Galveston, Texas, and to the Maine Maritime Academy at Castine,
  Maine, when those vessels are no longer required for use by the Navy:
  (1) U.S.N.S. CHAUVENET (T-AG-29).
  (2) U.S.N.S. HARKNESS (T-AG-32).
SEC. 6203. MASSACHUSETTS CENTER FOR MARINE ENVIRONMENTAL PROTECTION.
  For Fiscal Year 1993, $242,000 is authorized to be appropriated to the
  Maritime Administration for the Massachusetts Center for Marine Environmental
  Protection located at the Massachusetts Maritime Academy.
SEC. 6204. FEDERAL SHIP MORTGAGE INSURANCE FOR CERTAIN CONSTRUCTION AND
RECONSTRUCTION.
  Section 1104B(b)(2) of the Merchant Marine Act, 1936 (46
  App. U.S.C. 1274a(b)(2)) is amended by striking `73 percent' and inserting
  `87 1/2  percent'.
SEC. 6205. TECHNICAL CORRECTIONS.
  (a) MERCHANT SHIP SALES ACT OF 1946- Section 11(b) of the Merchant Ship
  Sales Act of 1946 (50 App. U.S.C. 1744), as amended by section 6 of the Act
  of October 13, 1989 (Public Law 101-115; 103 Stat. 693; commonly referred
  to as the `Maritime Administration Authorization, 1990'), is amended
  to read as if it had not been repealed by section 307(12) of the Coast
  Guard Authorization Act of 1989 (Public Law 101-225; 103 Stat. 1925). The
  effective date of this subsection is December 12, 1989.
  (b) MERCHANT MARINE ACT, 1920- Section 19 of the Merchant Marine Act, 1920
  (46 App. U.S.C. 876) is amended--
  (1) in paragraph (1)(b) by striking `sysetms' and inserting `systems'; and
  (2) in paragraph (7)(d) by striking `in proceedings under paragraph
  (1)(b)(7) of this section,' and inserting `under subdivision (b),'.
TITLE VII--PARTNERSHIPS FOR WILDLIFE
SEC. 7101. SHORT TITLE.
  This Title may be cited as the `Partnerships for Wildlife Act'.
SEC. 7102. FINDINGS.
  The Congress finds the following:
  (1) Three-fourths of all American children and adults participate in
  wildlife-related recreational activities other than hunting, fishing
  and trapping.
  (2) In 1985, Americans spent over $14 billion on non-consumptive
  wildlife-related recreation.
  (3) The United States and Canada are inhabited by approximately two
  thousand six hundred vertebrate species of native fish and wildlife, which
  have provided food, clothing, and other essentials to a rapidly expanding
  human population.
  (4) Over 80 percent of vertebrate fish and wildlife species in North
  America are not harvested for human use.
  (5) The continued well-being of this once-abundant fish and wildlife
  resource, and even the very existence of many species, is in peril.
  (6) In 1967, the United States Fish and Wildlife Service reported that
  forty-five common migratory bird species, which are not hunted, had exhibited
  significant declines in abundance, and that thirteen of these species have
  experienced widespread,
systematic declines of 46.9 percent during a twenty-year study period.
  (7) There have been nationwide declines in frogs and other amphibians.
  (8) Over two hundred and seventy-five of vertebrate fish and wildlife
  species in the United States are now officially classified as threatened
  or endangered by the Federal Government.
  (9) During the past decade, fish and wildlife species, including
  invertebrates, were added to the rapidly growing list of threatened
  and endangered species in North America at the average rate of over one
  per month.
  (10) Currently, eighty-two species of invertebrates in the United States
  are listed as threatened or endangered under the Endangered Species Act,
  and another nine hundred and fifty-one United States invertebrate species
  are candidates for listing under that Act.
  (11) Proper management of fish and wildlife, before species become threatened
  or endangered with extinction, is the key to reversing the increasingly
  desperate status of fish and wildlife.
  (12) Proper fish and wildlife conservation includes not only management of
  fish and wildlife species taken for recreation and protection of endangered
  and threatened species, but also management of the vast majority of species
  which fall into neither category.
  (13) Partnerships in fish and wildlife conservation, such as the Federal Aid
  in Wildlife Restoration Program, the Federal Aid in Sport Fish Restoration
  Program, and the North American Wetlands Conservation Act have benefitted
  greatly the conservation of fish and wildlife and their habitats.
  (14) A program that encourages partnerships among Federal and State
  governments and private entities to carry out wildlife conservation and
  appreciation projects would benefit all species of fish and wildlife through
  such activities as management, research, and interagency coordination.
  (15) Many States, which are experiencing declining revenues, are finding
  it increasingly difficult to carry out projects to conserve the entire
  array of diverse fish and wildlife species and to provide opportunities
  for the public to associate with, enjoy, and appreciate fish and wildlife
  through nonconsumptive activities.
SEC. 7103 PURPOSES.
  The purposes of this title are to establish a partnership among the United
  States Fish and Wildlife Service, designated State agencies, and private
  organizations and individuals--
  (1) to carry out wildlife conservation and appreciation projects to conserve
  the entire array of diverse fish and wildlife species in the United States
  and to provide opportunities for the public to use and enjoy these fish
  and wildlife species through nonconsumptive activities;
  (2) to enable designated State agencies to respond more fully and utilize
  their statutory and administrative authorities by carrying out wildlife
  conservation and appreciation projects; and
  (3) to encourage private donations, under the leadership of the National
  Fish and Wildlife Foundation, to carry out wildlife conservation and
  appreciation projects.
SEC. 7104. DEFINITIONS.
  As used in this title--
  (1) The terms `conserve' and `conservation' mean to use, and the use
  of, such methods and procedures which are necessary to ensure, to the
  maximum extent practicable, the well being and enhancement of fish and
  wildlife and their habitats for the educational, aesthetic, cultural,
  recreational, scientific, and ecological enrichment of the public. Such
  methods and procedures may include, but are not limited to, any activity
  associated with scientific resources management, such as research, census,
  law enforcement, habitat acquisition, maintenance, development, information,
  education, population manipulation, propagation, technical assistance to
  private landowners, live trapping, and transplantation.
  (2) The term `designated State agency' means the State fish and wildlife
  agency, which shall be construed to mean any department, or any division
  of any department of another name, of a State that is empowered under its
  laws to exercise the functions ordinarily exercised by a State fish and
  wildlife agency.
  (3) The term `fish and wildlife' means wild members of the animal kingdom
  that are in an unconfined state.
  (4) The term `Fund' means the Wildlife Conservation and Appreciation Fund
  established under section 5(f) of this Act.
  (5) The term `National Fish and Wildlife Foundation' means the charitable
  and nonprofit corporation established under section 2 of the National Fish
  and Wildlife Foundation Establishment Act (16 U.S.C. 3701).
  (6) The term `nonconsumptive activities' means fish and wildlife associated
  activities other than harvesting of fish and wildlife and includes, but is
  not limited to, photographing, observing, learning about, or associating
  with, fish and wildlife.
  (7) The term `Secretary' means the Secretary of the Interior, acting
  through the Director of the United States Fish and Wildlife Service.
  (8) The term `wildlife conservation and appreciation project' means a
  project which is directed toward nonconsumptive activities or toward the
  conservation of those species of fish and wildlife that--
  (A) are not ordinarily taken for recreation, fur, or food; except
  that if under applicable State law, any fish and wildlife may be taken
  for recreation, fur, or food in some but not all, areas of the State,
  a wildlife conservation and appreciation project may be directed toward
  the conservation of any of such fish and wildlife within any area of the
  State in which such taking is not permitted.
  (B) are not listed as endangered species or threatened species under the
  Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543); and
  (C) are not marine mammals within the meaning of section 3(5) of the Marine
  Mammal Protection Act of 1972, as amended (16 U.S.C. 1362(5)).
SEC. 7105. WILDLIFE PARTNERSHIP PROGRAM.
  (a) IN GENERAL- The Secretary shall provide the amounts available in
  the Fund to designated State agencies on a matching basis to assist in
  carrying out wildlife conservation and appreciation projects that are
  eligible under subsection (b) of this section.
  (b) ELIGIBLE PROJECTS- The following wildlife conservation and appreciation
  projects shall be eligible for matching funds from the Fund:
  (1) inventory of fish and wildlife species;
  (2) determination and monitoring of the size, range and distribution of
  populations of fish and wildlife species;
  (3) identification of the extent, condition, and location of the significant
  habitats of fish and wildlife species;
  (4) identification of the significant problems that may adversely affect
  fish and wildlife species and their significant habitats;
  (5) actions to conserve fish and wildlife species and their habitats; and
  (6) actions of which the principal purpose is to provide opportunities
  for the public to use and enjoy fish and wildlife through nonconsumptive
  activities.
  (c) PROJECT STANDARDS- The Secretary shall not provide funding to carry
  out an eligible wildlife conservation and appreciation project unless the
  Secretary determines that such a project--
  (1) is planned adequately to accomplish  the stated objective or objectives;
  (2) utilizes accepted fish and wildlife management principles, sound design
  and appropriate procedures;
  (3) will yield benefits pertinent to the identified need at a level
  commensurate with project costs;
  (4) provides for the tracking of costs and accomplishments related to
  the project;
  (5) provides for monitoring, evaluating, and reporting of the accomplishment
  of project objectives; and
  (6) complies with all applicable Federal environmental laws and regulations.
  (d) LIMITATIONS ON FEDERAL PAYMENT- The amount of appropriated Federal
  funds provided from the Fund by the Secretary to any designated State
  Agency with respect to any fiscal year to carry out an eligible wildlife
  conservation and appreciation project under this section--
  (1) may not exceed $250,000;
  (2) may not exceed one third of the total project cost for that fiscal year;
  (3) may not exceed 40 percent of the total project cost for that fiscal
  year if designated State agencies from two or more States cooperate in
  implementing such a project;
  (4) may not be used to defray the administrative cost of State programs; and
  (5) may not exceed the State share of the cost of implementing such
  a project.
  (e) FORM OF STATE SHARE- The share of the cost of carrying out eligible
  projects under this section shall be from a non-Federal source and shall
  not be in the form of an in-kind contribution.
  (f) ELIGIBILITY OF DESIGNATED STATE AGENCIES- No designated State agency
  shall be eligible to receive matching funds from the Wildlife Conservation
  and Appreciation Fund if revenue derived from activities regulated by
  such an agency is diverted for any purpose other than the management and
  conservation of fish and wildlife. Such revenue shall include, but not
  be limited to, all income from the sale of hunting, fishing and trapping
  licenses; all income from nongame checkoff systems; all income from the sale
  of waterfowl, habitat conservation, and other stamps that are requisite for
  engaging in certain activities regulated by the designated State agency;
  all income from the sale of any commodities and products by the designated
  State agency from lands and waters administered by the State for fish and
  wildlife purposes; and all funds apportioned to the designated State agency
  under the Federal Aid in Wildlife and Sport Fish Restoration Programs.
  (g) ESTABLISHMENT OF FUND- (1) The Secretary shall establish the Fund,
  which shall consist of amounts deposited into the Fund by the Secretary
  under paragraph (2) of this subsection.
  (2) The Secretary shall deposit into the Fund--
  (A) amounts appropriated to the Secretary for deposit to the Fund, of
  which not more than 4 percent shall be available to the Secretary and the
  National Fish and Wildlife Foundation to defray the costs of administering
  this Act and evaluating wildlife conservation and appreciation projects; and
  (B) amounts received as donations from the National Fish and Wildlife
  Foundation or other private entities or persons for deposit to the Fund.
  (3) The Secretary may accept and use donations from the  National Fish and
  Wildlife Foundation and other private entities or persons for purposes of
  assisting States under this section.
  (4) Of the total amount provided from the Fund to assist a State in carrying
  out a wildlife conservation and appreciation project under subsection (a)
  of this section, at least 50 percent shall have been donated to the Fund
  by the  National Fish and Wildlife Foundation.
  (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Fund and to the Secretary for each of fiscal years 1992 through
  1995 not to exceed $6,250,000 to match the amount of contributions made
  to the Fund by the  National Fish and Wildlife Foundation.
TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION
SEC. 8001. SHORT TITLE.
  This title may be cited as the `North Pacific Anadromous Stocks Convention
  Act of 1992'.
SEC. 8002. PURPOSE.
  It is the purpose of this title to implement the Convention for the
  Conservation of Anadromous Stocks in the North Pacific Ocean, signed in
  Moscow, February 11, 1992.
SEC. 8003. DEFINITIONS.
  As used in  this title, the term--
  (1) `Anadromous stocks' means stocks of species listed in the Annex to
  the Convention that migrate into the Convention area.
  (2) `Anadromous fish' means fish of the species listed in the Annex to
  the Convention that migrate into the Convention area.
  (3) `Authorized officer' means a law enforcement official authorized to
  enforce this title under section 8009(a).
  (4) `Commission' means the North Pacific Anadromous Fish Commission provided
  for by article VIII of the Convention.
  (5) `Convention' means the Convention for the Conservation of Anadromous
  Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992.
  (6) `Convention area' means the waters of the North Pacific Ocean and
  its adjacent seas, north of 33 degrees North Latitude, beyond two hundred
  nautical miles from the baselines from which the breadth of the territorial
  sea is measured.
  (7) `Directed fishing' means fishing targeted at a particular species or
  stock of fish.
  (8) `Ecologically related species' means living marine species which are
  associated with anadromous stocks found in the Convention area, including,
  but not restricted to, both predators and prey of anadromous fish.
  (9) `Enforcement officer' means a law enforcement official authorized by
  any Party to enforce this title.
  (10) `Exclusive economic zone' means the zone established by Proclamation
  Numbered 5030, dated March 10, 1983. For purposes of applying this title,
  the inner boundary of that zone is a line coterminous with the seaward
  boundary of each of the coastal States.
  (11) `Fish' means finfish, mollusks, crustaceans, and all other forms of
  marine animal and plant life other than marine mammals and birds.
  (12) `Fishing' means--
  (A) the catching, taking, or harvesting of fish, or any other activity
  that can reasonably be expected to result in the catching, taking, or
  harvesting of fish; or
  (B) any operation at sea in preparation for or in direct support of any
  activity described in subparagraph (A).
  (13) `Fishing vessel' means--
  (A) any vessel engaged in catching fish within the Convention area or in
  processing or transporting fish loaded in the Convention area;
  (B) any vessel outfitted to engage in any activity described in subparagraph
  (A);
  (C) any vessel described in subparagraph (A) or (B).
  (14) `Incidental taking' means catching, taking, or harvesting a species
  or stock of fish while conducting directed fishing for another species or
  stock of fish.
  (15) `Party' means Canada, Japan, the Russian Federation, the United States,
  and any other nation that may accede to the Convention.
  (16) `Secretary' means the Secretary of State.
  (17) `United States Section' means the United States Commissioners of
  the Commission.
SEC. 8004. UNITED STATES COMMISSIONERS.
  (a) COMMISSIONERS- The United States shall be represented on the Commission
  by not more than three United States Commissioners to be appointed by and
  serve at the pleasure of the President. Each United States Commissioner
  shall be appointed for a term of office not to exceed 4 years, but is
  eligible for reappointment. Of the Commissioners--
  (1) one shall be an official of the United States Government;
  (2) one shall be a resident of the State of Alaska; and
  (3) one shall be a resident of the State of Washington.
An individual is not eligible for appointment under paragraph (2) or (3)
as a Commissioner unless the individual is knowledgeable or experienced
concerning the anadromous stocks and ecologically related species of the
North Pacific Ocean.
  (b) ALTERNATE COMMISSIONERS- The Secretary, in consultation with the
  Secretary of Commerce, may designate from time to time Alternate United
  States Commissioners to the Commission. An Alternate United States
  Commissioner may exercise all designated powers and duties of a United
  States Commissioner in the absence of a duly designated Commissioner for
  whatever reason. The number of such Alternate United States Commissioners
  that may be designated for any such meeting shall be limited to the number
  of authorized United States Commissioners that will not be present.
  (c) UNITED STATES SECTION- The United States Section, in consultation
  with the Advisory Panel established in section 8005, shall identify and
  recommend to the Commission research needs and priorities for anadromous
  stocks and ecologically related species subject to the Convention, and
  oversee the United States research programs involving such fisheries,
  stocks, and species.
  (d) COMPENSATION- United States Commissioners and Alternate United
  States Commissioners shall receive no compensation for their services as
  Commissioners and Alternate Commissioners.
SEC. 8005. ADVISORY PANEL.
  (a) ESTABLISHMENT OF PANEL- An Advisory Panel to the United States Section
  is established. The Advisory Panel shall be composed of the following:
  (1) The Commissioner of the Alaska Department of Fish and Game.
  (2) The Director of the Washington Department of Fisheries.
  (3) One representative of the Pacific States Marine Fisheries Commission,
  designated by the Executive Director of that commission.
  (4) Eleven members (six of whom shall be residents of the State of Alaska
  and five of whom shall be residents of the State of Washington), appointed
  by the Secretary, in consultation with the Secretary of Commerce, from
  among a slate of 12 persons nominated by the Governor of Alaska and a
  slate of 10 persons nominated by the Governor of Washington.
  (b) QUALIFICATIONS- Persons appointed to the Advisory Panel shall be
  individuals who are knowledgeable or experienced concerning anadromous stocks
  and ecologically related species. In submitting a slate of nominees pursuant
  to subsection (a)(4), the Governors of Alaska and Washington shall seek to
  represent the broad range of parties interested in anadromous stocks and
  ecologically related species, and at a minimum shall include on each slate
  at least one representative of commercial salmon fishing interests and of
  environmental interests concerned with protection of living marine resources.
  (c) LIMITATION ON SERVICE- Any person appointed to the Advisory Panel
  pursuant to subsection (a)(4) shall serve for a term not to exceed 4 years,
  and may not serve more than two consecutive terms.
  (d) FUNCTIONS- The Advisory Panel shall be invited to all nonexecutive
  meetings of the United States Section and at such meetings shall be granted
  the opportunity to examine and to be heard on all proposed programs of study
  and investigation, reports, and recommendations of the United States Section.
  (e) COMPENSATION AND EXPENSES- The members of the Advisory Panel shall
  receive no compensation or travel expenses for their services as such
  members.
SEC. 8006. COMMISSION RECOMMENDATIONS.
  The Secretary, with the concurrence of the Secretary of Commerce, may
  accept or reject, on behalf of the United States, recommendations made by
  the Commission in accordance with article IX of the Convention.
SEC. 8007. ADMINISTRATION AND ENFORCEMENT OF CONVENTION.
  (a) RESPONSIBILITIES- The Secretary of Commerce shall be responsible for
  administering provisions of the Convention, this title, and regulations
  issued under this title. The Secretary, in consultation with the Secretary
  of Commerce and the Secretary of Transportation, shall be responsible for
  coordinating the participation of the United States in the Commission.
  (b) CONSULTATION AND COOPERATION- In carrying out such functions, the
  Secretary of Commerce--
  (1) shall, in consultation with the Secretary of Transportation and the
  United States Section, issue such regulations as may be necessary to carry
  out the purposes and objectives of the Convention and this title; and
  (2) may, with the concurrence of the Secretary, cooperate with the authorized
  officials of the government of any Party.
SEC. 8008. COOPERATION WITH OTHER AGENCIES.
  (a) IN GENERAL- Any agency of the Federal Government is authorized, upon
  request of the Commission, to cooperate in the conduct of scientific and
  other programs, and to furnish, on a reimbursable basis, facilities and
  personnel for the purpose of assisting the Commission in carrying out its
  duties under the Convention. Such agency may accept reimbursement from
  the Commission.
  (b) FUNCTIONS OF SECRETARY OF COMMERCE- In carrying out the provisions
  of the Convention and this title, the Secretary of Commerce may arrange
  for cooperation with agencies of the United States, the States, private
  institutions and organizations, and agencies of the government of any Party,
  to conduct scientific and other programs, and may execute such memoranda
  as may be necessary to reflect such agreements.
SEC. 8009. ENFORCEMENT PROVISIONS.
  (a) DUTIES OF SECRETARIES OF COMMERCE AND TRANSPORTATION- This title
  shall be enforced by the Secretary of Commerce and the Secretary of
  Transportation. Such Secretaries may by agreement utilize, on a reimbursable
  basis or otherwise, the personnel, services, equipment (including aircraft
  and vessels), and facilities of any other Federal agency, including all
  elements of the Department of Defense, and of any State agency, in the
  performance of such duties. Such Secretaries shall, and the head of any
  Federal or State agency that has entered into an agreement with either such
  Secretary under the preceding sentence may (if the agreement so provides),
  authorize officers to enforce the provisions of the Convention, this title,
  and regulations issued under this title. Any such agreement or contract
  entered into pursuant to this section shall be effective only to such
  extent or in such amounts as are provided in advance in appropriations Acts.
  (b) DISTRICT COURT JURISDICTION- The district courts of the United States
  shall have exclusive jurisdiction over any case or controversy arising
  under the provisions of this title.
  (c) POWERS OF ENFORCEMENT OFFICERS- Authorized officers may, shoreward of
  the outer boundary of the exclusive economic zone, or during hot pursuit
  from the zone--
  (1) with or without a warrant or other process--
  (A) arrest any person, if he or she has reasonable cause to believe that
  such person has committed an act prohibited by section 8010;
  (B) board, and search or inspect, any fishing vessel subject to the
  provisions of the Convention and this title;
  (C) seize any fishing vessel (together with its fishing gear, furniture,
  appurtenances, stores, and cargo) used or employed in, or with respect to
  which it reasonably appears that such vessel was used or employed in, the
  violation of any provision of the Convention, this title, or regulations
  issued under this title;
  (D) seize any fish (wherever found) taken or retained in violation of any
  provision referred to in subparagraph (C);
  (E) seize any other evidence related to any violation of any provision
  referred to in subparagraph (C);
  (2) execute any warrant or other process issued by any court of competent
  jurisdiction; and
  (3) exercise any other lawful authority.
  (d) ADDITIONAL POWERS- (1) An authorized officer may in the Convention area--
  (A) board a vessel of any Party that reasonably can be believed to be
  engaged in directed fishing for, incidental taking of, or processing of
  anadromous fish, and, without warrant or process, inspect equipment, logs,
  documents, catch, and other articles, and question persons, on board the
  vessel, for the purpose of carrying out the provisions of the Convention,
  this title, or any regulation issued under this title; and
  (B) if any such vessel or person on board is actually engaged in operations
  in violation of any such provision, or there is reasonable ground to believe
  any person or vessel was obviously so engaged before the boarding of such
  vessel by the authorized officer, arrest or seize such person or vessel
  and further investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has reasonable
cause to believe that any such fishing vessel or person engaged in
operations in violation of any provision referred to in subparagraph (A),
the officer shall deliver the vessel or person as promptly as practicable
to the enforcement officers of the appropriate Party, in accordance with
the provisions of the Convention.
  (2) When requested by the appropriate authorities of a Party, an authorized
  officer may be directed to attend as a witness, and to produce such available
  records and files or duly certified copies thereof as may be necessary,
  for the prosecution by that Party of any violation of the provisions of
  the Convention or any law of that Party relating to the enforcement thereof.
SEC. 8010. UNLAWFUL ACTIVITIES.
  It is unlawful for any person or fishing vessel subject to the jurisdiction
  of the United States--
  (1) to fish for any anadromous fish in the Convention area;
  (2) to retain on board any anadromous fish taken incidentally in a fishery
  directed at nonanadromous fish in the Convention area;
  (3) to fail to return immediately to the sea any anadromous fish taken
  incidentally in a fishery directed at nonanadromous fish in the Convention
  area;
  (4) to ship, transport, offer for sale, sell, purchase, import, export,
  or have custody, control, or possession of, any anadromous fish taken or
  retained in violation of the Convention, this title, or any regulation
  issued under this title;
  (5) to refuse to permit any enforcement officer to board a fishing vessel
  subject to such person's control for purchases of conducting any search
  or inspection in connection with the enforcement of the Convention, this
  title, or any regulation issued under this title;
  (6) to forcibly assault, resist, oppose, impede, intimidate, or interfere
  with any enforcement officer in the conduct of any search or inspection
  described in paragraph (5);
  (7) to resist a lawful arrest or detection for any act prohibited by
  this section;
  (8) to interfere with, delay, or prevent, by any means, the apprehension,
  arrest, or detection of another person, knowing that such person has
  committed any act prohibited by this section; or
  (9) to violate any provision of the Convention, this title, or any regulation
  issued under this title.
SEC. 8011. PENALTIES.
  (a) CIVIL PENALTIES- (1) Any person who is found by the Secretary of
  Commerce, after notice and opportunity for a hearing in accordance with
  section 554 of title 5, United States Code, to have committed an act
  prohibited by section 8010 shall be liable to the United States for a
  civil penalty. The amount of the civil penalty shall not exceed $100,000
  for each violation. Each day of a continuing violation shall constitute a
  separate offense. The amount of such civil penalty shall be assessed by the
  Secretary of Commerce, or the Secretary's designee, by written notice. In
  determining the amount of such penalty, the Secretary of Commerce shall
  take into account the nature, circumstances, extent, and gravity of the
  prohibited acts committed and, with respect to the violation, the degree
  of culpability, any history of prior offenses, ability to pay, and such
  other matters as justice may require.
  (2) Any person against whom a civil penalty is assessed under paragraph (1)
  may obtain review thereof in the appropriate court of the United States by
  filing a complaint in such court within thirty days from the date of such
  order and by simultaneously serving a copy of such complaint by certified
  mail on the Secretary of Commerce, the Attorney General, and the appropriate
  United States Attorney. The Secretary of Commerce shall promptly file in
  such court a certified copy of the record upon which such violation was
  found or such penalty imposed, as provided in section 2112 of title 28,
  United States Code. The findings and order of the Secretary of Commerce
  shall be set aside by such court if they are not found to be supported
  by substantial evidence, as provided in section 706(2) of title 5, United
  States Code.
  (3) If any person fails to pay an assessment of a civil penalty after
  it has become a final and unappealable order, or after the appropriate
  court has entered final judgment in favor of the Secretary of Commerce,
  the matter shall be referred to the Attorney General, who shall recover the
  amount assessed in any appropriate district court of the United States. In
  such action, the validity and appropriateness of the final order imposing
  the civil penalty shall not be subject to review.
  (4) A fishing vessel (including its fishing gear, furniture, appurtenances,
  stores, and cargo) used in the commission of an act prohibited by section
  8010 shall be liable in rem for any civil penalty assessed for such violation
  under paragraph (1) and may be proceeded against in any district court of
  the United States having jurisdiction thereof. Such penalty shall constitute
  a maritime lien on such vessel that may be recovered in an action in rem in
  the district court of the United States having jurisdiction over the vessel.
  (5) The Secretary of Commerce may compromise, modify, or remit, with or
  without conditions, any civil penalty that is subject to imposition or
  that has been imposed under this section.
  (6) For the purposes of conducting any hearing under this section, the
  Secretary of Commerce may issue subpoenas for the attendance and testimony
  of witnesses and the production of relevant papers, books, and documents,
  and may administer oaths. Witnesses summoned shall be paid the same fees and
  mileage that are paid to witnesses in the courts of the United States. In
  case of contempt or refusal to obey a subpoena served upon any person
  pursuant to this paragraph, the district court of the United States for any
  district in which such person is found, resides, or transacts business,
  upon application by the United States and after notice to such  person,
  shall have jurisdiction to issue an order requiring such person to appear
  and give testimony before the Secretary of Commerce or to appear and produce
  documents before the Secretary of Commerce, or both, and any failure to obey
  such order of the court may be punished by such court as a contempt thereof.
  (b) OFFENSES- (1) A person is guilty of an offense if that person commits
  any act prohibited by section 8010 (5), (6), (7), or (8).
  (2) Any offense described in paragraph (1) is a class A misdemeanor
  punishable by a fine under title 18, United States Code, or imprisonment
  for not more than 6 months, or both; except that if in the commission of
  any offense the person uses a dangerous weapon, engages in conduct that
  causes bodily injury to any enforcement officer, or places any such officer
  in fear of imminent bodily injury, the offense is a felony punishable by
  a fine under title 18, United States Code, or imprisonment for not more
  than 10 years, or both.
  (c) FORFEITURE- (1) Any fishing vessel (including its fishing gear,
  furniture, appurtenances, stores, and cargo) used, and any fish (or a fair
  market value thereof) taken or retained, in any manner, in connection with
  or as a result of the commission of any act prohibited by section 1810
  shall be subject to forfeiture to the United States. All or part of such
  vessel may, and all such fish shall, be forfeited to the United States
  pursuant to a civil proceeding under this section.
  (2) Any district court of the United States shall have jurisdiction,
  upon application of the Attorney General on behalf of the United States,
  to order any forfeiture authorized under paragraph (1) and any action
  provided for under paragraph (4).
  (3) If a judgment is entered for the United States in a civil forfeiture
  proceeding under this section, the Attorney General may seize any property
  or other interest declared forfeited to the United States, which has not
  previously been seized pursuant to this title or for which security has not
  previously been obtained. The provisions of the customs laws relating to--
  (A) the seizure, forfeiture, and condemnation of property for violation
  of the customs law;
  (B) the disposition of such property or the proceeds from the sale
  thereof; and
  (C) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this title, unless such provisions are
inconsistent with the purposes, policy, and provisions of this title.
  (4)(A) Any officer authorized to serve any process in rem that is issued
  by a court having jurisdiction under section 8009(b) shall--
  (i) stay the execution of such process; or
  (ii) discharge any fish seized pursuant to such process;
upon receipt of a satisfactory bond or other security from any person claiming
such property. Such bond or other security shall be conditioned upon such
person delivering such property to the appropriate court upon order thereof,
without any impairment of its value, or paying the monetary value of such
property pursuant to an order of such court. Judgment shall be recoverable
on such bond or other security against both the principal and any sureties in
the event that any condition thereof is breached, as determined by such court.
  (B) Any fish seized pursuant to this title may be sold, subject to the
  approval and direction of the appropriate court, for not less than the
  fair market value thereof. The proceeds of any such sale shall be deposited
  with such court pending the disposition of the matter involved.
  (5) For purposes of this section, it shall be a rebuttable presumption that
  all fish found on board a fishing vessel and which is seized in connection
  with an act prohibited by section 8010 were taken or retained in violation
  of the Convention and this title.
SEC. 8012. FUNDING REQUIREMENTS.
  (a) AUTHORIZATION- There are authorized to be appropriated from time
  to time such sums as may be necessary for carrying out the purposes and
  provisions of the Convention and this title, including--
  (1) necessary travel expenses of the United States Commissioners or
  Alternate Commissioners; and
  (2) the United States share of the joint expenses of the Commission.
  (b) RESEARCH- Such funds as shall be made available to the Secretary of
  Commerce for research and related activities shall be expended to carry
  out the program of the Commission in accordance with the recommendations
  of the United States Section and to carry out other research and observer
  programs pursuant to the Convention.
SEC. 8013. DISPOSITION OF PROPERTY.
  The Secretary shall dispose of any United States property held by the
  International North Pacific Fisheries Commission on the date of its
  termination in a manner that would further the purposes of this title.
SEC. 8014. REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.
  The Act of August 12, 1954 (16 U.S.C. 1021-1035) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.