Text: H.R.1651 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-450 (11/07/2000)

 
[106th Congress Public Law 450]
[From the U.S. Government Printing Office]


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[DOCID: f:publ450.106]


[[Page 114 STAT. 1941]]

Public Law 106-450
106th Congress

                                 An Act


 
  To amend the Fishermen's Protective Act of 1967 to extend the period 
 during which reimbursement may be provided to owners of United States 
  fishing vessels for costs incurred when such a vessel is seized and 
 detained by a foreign country, and for other purposes. <<NOTE: Nov. 7, 
                         2000 -  [H.R. 1651]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

   TITLE <<NOTE: Fishermen's Protective Act Amendments of 2000.>>  I--
 EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S PROTECTIVE ACT 
OF 1967

SEC. 101. SHORT TITLE. <<NOTE: 22 USC 1971 note.>> 

    This title may be cited as the ``Fishermen's Protective Act 
Amendments of 2000''.

SEC. 102. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
            PROTECTIVE ACT OF 1967.

    (a) In General.--Section 7(e) of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1977(e)) is amended by striking ``2000'' and inserting 
``2003''.
    (b) Clerical Amendment.--Section 7(a)(3) of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1977(a)(3)) is amended by striking 
``Secretary of the Interior'' and inserting ``Secretary of Commerce''.

     TITLE II--YUKON RIVER SALMON <<NOTE: Yukon River Salmon Act of 
2000. Alaska. Canada.>> 

SEC. 201. SHORT TITLE. <<NOTE: 16 USC 5701 note.>> 

    This title may be cited as the ``Yukon River Salmon Act of 2000''.

SEC. 202. YUKON RIVER SALMON PANEL. <<NOTE: 16 USC 5721.>> 

    (a) Establishment.--
            (1) In general.--There shall be a Yukon River Salmon Panel 
        (in this title referred to as the ``Panel'').
            (2) Functions.--The Panel shall--
                    (A) advise the Secretary of State regarding the 
                negotiation of any international agreement with Canada 
                relating to management of salmon stocks originating from 
                the Yukon River in Canada;
                    (B) advise the Secretary of the Interior regarding 
                restoration and enhancement of such salmon stocks; and

[[Page 114 STAT. 1942]]

                    (C) perform other functions relating to conservation 
                and management of such salmon stocks as authorized by 
                this or any other title.
            (3) Designation as united states representatives on 
        bilateral body.--The Secretary of State may designate the 
        members of the Panel to be the United States representatives on 
        any successor to the panel established by the interim agreement 
        for the conservation of salmon stocks originating from the Yukon 
        River in Canada agreed to through an exchange of notes between 
        the Government of the United States and the Government of Canada 
        on February 3, 1995, if authorized by any agreement establishing 
        such successor.

    (b) Membership.--
            (1) In general.--The Panel shall be comprised of six 
        members, as follows:
                    (A) One member who is an official of the United 
                States Government with expertise in salmon conservation 
                and management, who shall be appointed by the Secretary 
                of State.
                    (B) One member who is an official of the State of 
                Alaska with expertise in salmon conservation and 
                management, who shall be appointed by the Governor of 
                Alaska.
                    (C) Four members who are knowledgeable and 
                experienced with regard to the salmon fisheries on the 
                Yukon River, who shall be appointed by the Secretary of 
                State in accordance with paragraph (2).
            (2) Appointees from alaska.--(A) The Secretary of State 
        shall appoint the members under paragraph (1)(C) from a list of 
        at least three individuals nominated for each position by the 
        Governor of Alaska.
            (B) In making the nominations, the Governor of Alaska may 
        consider suggestions for nominations provided by organizations 
        with expertise in Yukon River salmon fisheries.
            (C) The Governor of Alaska may make appropriate nominations 
        to allow for appointment of, and the Secretary of State shall 
        appoint, under paragraph (1)(C)--
                    (i) at least one member who is qualified to 
                represent the interests of Lower Yukon River fishing 
                districts; and
                    (ii) at least one member who is qualified to 
                represent the interests of Upper Yukon River fishing 
                districts.
            (D) At least one of the members appointed under paragraph 
        (1)(C) shall be an Alaska Native.
            (3) Alternates.--(A) The Secretary of State may designate an 
        alternate Panel member for each Panel member the Secretary 
        appoints under paragraphs (1)(A) and (C), who meets the same 
        qualifications, to serve in the absence of the Panel member.
            (B) The Governor of the State of Alaska may designate an 
        alternative Panel member for the Panel member appointed under 
        subsection (b)(1)(B), who meets the same qualifications, to 
        serve in the absence of that Panel member.

    (c) Term Length.--Panel members and alternate Panel members shall 
serve 4-year terms. Any individual appointed to fill a vacancy occurring 
before the expiration of any term shall be appointed for the remainder 
of that term.
    (d) Reappointment.--Panel members and alternate Panel members shall 
be eligible for reappointment.

[[Page 114 STAT. 1943]]

    (e) Decisions.--Decisions of the Panel shall be made by the 
consensus of the Panel members appointed under subparagraphs (B) and (C) 
of subsection (b)(1).
    (f ) Consultation.--In carrying out their functions, Panel members 
may consult with such other interested parties as they consider 
appropriate.

SEC. 203. ADVISORY COMMITTEE. <<NOTE: 16 USC 5722.>> 

    (a) Appointments.--The Governor of Alaska may establish and appoint 
an advisory committee of not less than eight, but not more than 12, 
individuals who are knowledgeable and experienced with regard to the 
salmon fisheries on the Yukon River. At least two of the advisory 
committee members shall be Alaska Natives. Members of the advisory 
committee may attend all meetings of the Panel, and shall be given the 
opportunity to examine and be heard on any matter under consideration by 
the Panel.
    (b) Compensation.--The members of such advisory committee shall 
receive no compensation for their services.
    (c) Term Length.--Members of such advisory committee shall serve 2-
year terms. Any individual appointed to fill a vacancy occurring before 
the expiration of any term shall be appointed for the remainder of that 
term.
    (d) Reappointment.--Members of such advisory committee shall be 
eligible for reappointment.

SEC. 204. EXEMPTION. <<NOTE: 16 USC 5723.>> 

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Panel or to an advisory committee established under section 203.

SEC. 205. AUTHORITY AND RESPONSIBILITY. <<NOTE: 16 USC 5724.>> 

    (a) Responsible Management Entity.--The State of Alaska Department 
of Fish and Game shall be the responsible management entity for the 
United States for the purposes of any agreement with Canada regarding 
management of salmon stocks originating from the Yukon River in Canada.
    (b) Effect of Designation.--The designation under subsection (a) 
shall not be considered to expand, diminish, or otherwise change the 
management authority of the State of Alaska or the Federal Government 
with respect to fishery resources.
    (c) Recommendations of Panel.--In addition to recommendations made 
by the Panel to the responsible management entities in accordance with 
any agreement with Canada regarding management of salmon stocks 
originating from the Yukon River in Canada, the Panel may make 
recommendations concerning the conservation and management of salmon 
originating in the Yukon River to the Department of the Interior, the 
Department of Commerce, the Department of State, the North Pacific 
Fishery Management Council, and other Federal or State entities as 
appropriate. Recommendations by the Panel shall be advisory in nature.

SEC. 206. ADMINISTRATIVE MATTERS. <<NOTE: 16 USC 5725.>> 

    (a) Compensation.--Panel members and alternate Panel members who are 
not State or Federal employees shall receive compensation at the daily 
rate of GS-15 of the General Schedule when engaged in the actual 
performance of duties.
    (b) Travel and Other Necessary Expenses.--Travel and other necessary 
expenses shall be paid by the Secretary of the

[[Page 114 STAT. 1944]]

Interior for all Panel members, alternate Panel members, and members of 
any advisory committee established under section 203 when engaged in the 
actual performance of duties.
    (c) Treatment as Federal Employees.--Except for officials of the 
United States Government, all Panel members, alternate Panel members, 
and members of any advisory committee established under section 203 
shall not be considered to be Federal employees while engaged in the 
actual performance of duties, except for the purposes of injury 
compensation or tort claims liability as provided in chapter 81 of title 
5, United States Code, and chapter 71 of title 28, United States Code.

SEC. 207. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT 
            PROJECTS. <<NOTE: 16 USC 5726.>> 

    (a) In General.--The Secretary of the Interior, in consultation with 
the Secretary of Commerce, may carry out projects to restore or enhance 
salmon stocks originating from the Yukon River in Canada and the United 
States.
    (b) Cooperation With Canada.--If there is in effect an agreement 
between the Government of the United States and the Government of Canada 
for the conservation of salmon stocks originating from the Yukon River 
in Canada that includes provisions governing projects authorized under 
this section, then--
            (1) projects under this section shall be carried out in 
        accordance with that agreement; and
            (2) amounts available for projects under this section--
                    (A) shall be expended in accordance with the 
                agreement; and
                    (B) may be deposited in any joint account 
                established by the agreement to fund such projects.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 5727.>> 

    There are authorized to be appropriated to the Secretary of the 
Interior to carry out this title $4,000,000 for each of fiscal years 
2000, 2001, 2002, and 2003, of which--
            (1) such sums as are necessary shall be available each 
        fiscal year for travel expenses of Panel members, alternate 
        Panel members, United States members of the Joint Technical 
        Committee established by paragraph C.2 of the memorandum of 
        understanding concerning the Pacific Salmon Treaty between the 
        Government of the United States and the Government of Canada 
        (recorded January 28, 1985), and members of an advisory 
        committee established and appointed under section 203, in 
        accordance with Federal Travel Regulations and sections 5701, 
        5702, 5704 through 5708, and 5731 of title 5, United States 
        Code;
            (2) such sums as are necessary shall be available for the 
        United States share of expenses incurred by the Joint Technical 
        Committee and any panel established by any agreement between the 
        Government of the United States and the Government of Canada for 
        restoration and enhancement of salmon originating in Canada;
            (3) up to $3,000,000 shall be available each fiscal year for 
        activities by the Department of the Interior and the Department 
        of Commerce for survey, restoration, and enhancement activities 
        related to salmon stocks originating from the Yukon River in 
        Canada, of which up to $1,200,000 shall be available

[[Page 114 STAT. 1945]]

        each fiscal year for Yukon River salmon stock restoration and 
        enhancement projects under section 207(b); and
            (4) $600,000 shall be available each fiscal year for 
        cooperative salmon research and management projects in the 
        portion of the Yukon River drainage located in the United States 
        that are recommended by the Panel.

  TITLE <<NOTE: Fisheries Survey Vessel Authorization Act of 2000.>>  
III--FISHERY INFORMATION ACQUISITION

SEC. 301. SHORT TITLE. <<NOTE: 38 USC 891b note.>> 

    This title may be cited as the ``Fisheries Survey Vessel 
Authorization Act of 2000''.

SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS. <<NOTE: 33 USC 891b 
            note.>> 

    (a) In General.--The Secretary, subject to the availability of 
appropriations, may in accordance with this section acquire, by 
purchase, lease, lease-purchase, or charter, and equip up to six fishery 
survey vessels in accordance with this section.
    (b) Vessel Requirements.--Any vessel acquired and equipped under 
this section must--
            (1) be capable of--
                    (A) staying at sea continuously for at least 30 
                days;
                    (B) conducting fishery population surveys using 
                hydroacoustic, longlining, deep water, and pelagic 
                trawls, and other necessary survey techniques; and
                    (C) conducting other work necessary to provide 
                fishery managers with the accurate and timely data 
                needed to prepare and implement fishery management 
                plans; and
            (2) have a hull that meets the International Council for 
        Exploration of the Sea standard regarding acoustic quietness.

    (c) Authorization.--To carry out this section there are authorized 
to be appropriated to the Secretary $60,000,000 for each of fiscal years 
2002 and 2003.

                         TITLE IV--MISCELLANEOUS

SEC. 401. FISHERIES RESEARCH VESSEL PROCUREMENT. <<NOTE: 33 USC 891e 
            note.>> 

    Notwithstanding section 644 of title 15, United States Code, and 
section 19.502-2 of title 48, Code of Federal Regulations, the Secretary 
of Commerce shall seek to procure Fisheries Research


[[Page 114 STAT. 1946]]

Vessels through full and open competition from responsible United States 
shipbuilding companies irrespective of size.

    Approved November 7, 2000.

LEGISLATIVE HISTORY--H.R. 1651:
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HOUSE REPORTS: No. 106-197 (Comm. on Resources).
SENATE REPORTS: No. 106-302 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Sept. 13, considered and passed 
                                        House.
                                                        Vol. 146 (2000):
                                    June 26, considered and passed 
                                        Senate, amended.
                                    Sept. 18, House concurred in Senate 
                                        amendment with an amendment.
                                    Oct. 25, Senate concurred in House 
                                        amendment.

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