Summary: H.R.3417 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/13/2000)

Title I: Pribilof Islands Transition - Pribilof Islands Transition Act - Amends the Fur Seal Act of 1966 to replace provisions establishing and providing for the administration of the Pribilof Islands Trust with provisions directing the Secretary of Commerce to provide financial assistance to any city government, village corporation, or tribal council of St. George or St. Paul, Alaska. Requires the Secretary to transfer funds for such assistance to the Secretary of the Interior for authorized purposes. Directs the Secretary, subject to appropriations, to provide assistance to the State of Alaska for designing, locating, constructing, redeveloping, permitting, or certifying solid waste management facilities on the Islands, to be operated under permits issued to the cities of St. George and St. Paul under Alaska State law. Authorizes appropriations. Requires each entity receiving assistance to report to specified congressional committees on its expenditures.

(Sec. 104) Requires a report from the Secretary of Commerce to specified congressional committees on the disposal of property under this title.

(Sec. 105) Declares that the Secretary is not obligated to promote or otherwise provide for the development on the Islands of any form of economy not dependent on sealing. Terminates all obligations of the Secretary to: (1) convey property under existing law; and (2) carry out cleanup activities related to the National Oceanic and Atmospheric Administration's (NOAA's) administration and a specified environmental restoration agreement between NOAA and Alaska. Allows the Secretary to seek or require financial contribution from any person for costs or fees to clean up any matter that was caused or contributed to by such person on or after March 15, 2000. Includes certain corporations, city governments, and tribal councils within the definition of "Natives of the Pribilof Islands" for purposes of this section.

(Sec. 107) Authorizes appropriations for the cleanup of landfills and wastes left on the Islands by the Department of Defense. Authorizes the Secretary to provide Alaska up to $2 million for each of FY 2001 through 2005 to capitalize a revolving fund to be used for loans to Natives of the Pribilof Islands to assess, respond to, remediate, and monitor contamination from lead paint, asbestos, and petroleum from underground storage tanks. Includes the Tanadgusix and Tanaq Corporations, for this section, in the definition of "Natives of the Pribilof Islands."

Title II: Coastal Zone Management - Coastal Zone Management Act of 2000 - Amends the Coastal Zone Management Act of 1972 to modify several definitions and the Act's statement of national policy.

(Sec. 206) Authorizes the Secretary of Commerce, during FY 2001 through 2004, to make grants to any coastal State without an approved coastal zone management program if such State demonstrates that its grant will be used to develop a management program consistent with the Act's requirements. Provides grant limits and matching requirements.

(Sec. 207) Allows grants to States for administering the State's coastal zone management program (administrative grants) to be used for developing and implementing coastal nonpoint pollution control program components.

(Sec. 208) Allows resource management improvement grants (resource grants) to be used (among other authorized uses) for: (1) important coastal habitats that have not been designated, under specified provisions, for preservation or restoration; (2) redevelopment of deteriorating and underutilized historic waterfronts and ports designated in the State's management program, under specified provisions, as areas of particular concern; (3) coordination and implementation of approved coastal nonpoint pollution control plans; and (4) work, resources, or technical support necessary to preserve, restore, enhance, or create coastal habitats. Replaces provisions relating to State matching funds (regarding this or other Federal programs) and limiting the amount of grants with provisions requiring: (1) a State that chooses to fund a project under this paragraph to submit a combined application for administrative grants and resource grants and match the combined amount of such grants in the ratio required in administrative grant provisions; and (2) that the Federal funding for the project be a portion of the State's annual allocation under administrative grant provisions. Allows resource grants to be used to pay a State's share of costs required under any other Federal program that is consistent with the purposes of this paragraph. Allows a State to allocate (in addition to currently-authorized recipients) to any reserve in the National Estuarine Research Reserve System a portion of any resource grant to carry out the purpose of this paragraph. Directs the Secretary to assist States (currently, States and their local governments) in identifying and obtaining from other Federal agencies (currently, from other sources) technical and financial assistance in achieving the resource grant objectives.

(Sec. 209) Requires that Coastal Zone Management Fund loan repayments be: (1) retained by the Secretary (currently, retained by the Secretary as offsetting collections) and deposited into the Fund; and (2) available to the Secretary, subject to appropriations Acts, for the purposes of this Act and transferred to NOAA's Operations, Research, and Facilities account to offset the costs of implementing the Act.

(Sec. 210) Modifies the objectives of coastal zone enhancement grants. Removes provisions directing the Secretary to retain between ten and 20 percent of the amounts appropriated to implement administrative grants and resource grants provisions to implement enhancement grants provisions. Removes a $10 million annual implementation funding limit.

(Sec. 211) Authorizes grants to coastal States to assist in specified community and local activities (community grants). Requires a State that chooses to fund a project under this paragraph to submit a combined application for enhancement grants and community grants and match the combined amount of such grants in a specified ratio. Allows a State to allocate to a qualified local entity amounts received by the State under this paragraph. Directs the Secretary to assist States and local entities in identifying and obtaining from other Federal agencies technical and financial assistance in achieving community grant objectives.

(Sec. 212) Authorizes the Secretary to: (1) conduct a program to develop and apply innovative coastal and estuarine environmental technology and methodology through a cooperative program; and (2) make extramural grants to conduct the program.

(Sec. 213) Modifies the required contents of a currently-mandated continuing review of the performance of coastal States regarding coastal management.

(Sec. 214) Allows (currently, requires) the conducting of the "Walter B. Jones Awards" program to promote excellence in coastal zone management by identifying and acknowledging outstanding accomplishments in the field. Modifies the source of the funds involved.

(Sec. 215) Sets forth the nature of the National Estuarine Research Reserve System. Authorizes the Secretary to designate a reserve if (among other criteria) the Secretary finds that designation will provide opportunities for education, interpretation, training, and demonstration projects (currently, for public education and interpretation). Revises the matters required to be included in the Secretary's guidelines for System research, education and resource stewardship (currently, for System research). Includes in the actions the Secretary must take to promote and coordinate System use for research establishing partnerships with other Federal and State estuary management programs to coordinate and collaborate on estuarine research. Authorizes grants for educational, interpretive, or training activities as well as for research and monitoring. Removes the dollar limit on the assistance provided for acquisition of lands and waters for any one reserve and allows certain nonfederal costs to be used to match the Federal share. Modifies other limits on the grants. Authorizes the Secretary to: (1) enter into cooperative agreements, financial agreements, grants, contracts, or other agreements authorizing a nonprofit organization to solicit donations to carry out System purposes and policies; and (2) accept donations of funds and services to carry out System purposes and policies.

(Sec. 216) Modifies various reporting requirements.

(Sec. 217) Authorizes appropriations to carry out specified provisions of the Act. Removes a provision prohibiting the use of Federal funds received from other sources from being used to pay a State's share of costs under enhancement grant provisions. Increases to three years the limit after which unobligated funds revert to the Secretary. Directs the Secretary to make reverted funds available to States under the Act (currently, available for grants under the section for which the reverted amount was originally made available). Allows Federal funds allocated under the Act to be used by grantees to purchase Federal products and services not otherwise available. Requires that appropriated amounts, except for amounts appropriated under administrative costs provisions, be available only for grants to States and prohibits their use for other program, administrative, or overhead costs of NOAA or the Department of Commerce.

(Sec. 218) Expresses the sense of Congress that the Undersecretary for Oceans and Atmosphere should reevaluate shoreline mileage calculations used in the distribution of funding under the coastal zone management program to ensure equitable treatment of all regions, including Southeastern and Great Lakes States.

Title III: Atlantic Fisheries - Subtitle A: Reauthorization of Atlantic Striped Bass Conservation Act - Amends the Atlantic Striped Bass Conservation Act to extend its authorization of appropriations through FY 2003.

(Sec. 302) Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities; and (2) report to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations.

Subtitle B: Atlantic Coastal Fisheries Cooperative Management - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend its authorization of appropriations through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program.

Subtitle C: Atlantic Tunas Management - Amends the Atlantic Tunas Convention Act of 1975 to make it unlawful for any person, other than a person holding a Federal purse seine permit, to use an aircraft to assist in fishing for, catching, or retaining Atlantic bluefin tuna or to catch, possess, or retain such tuna located using an aircraft.

Title IV: Shark Finning - Shark Conservation Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to make it unlawful to: (1) remove any of the fins of a shark, including the tail, and discard the carcass of the shark at sea; (2) have control or possession of such a fin aboard a fishing vessel without the corresponding carcass; or (3) land such a fin without the corresponding carcass. Makes a rebuttable presumption of a violation when the total weight of shark fins landed or found on board exceeds five percent of the total weight of shark carcasses landed or found on board.

(Sec. 405) Requires the Secretary to: (1) initiate discussions for developing bilateral or multilateral agreements for the prohibition of shark-finning; (2) seek agreements for an international ban on shark-finning and other fishing practices adversely affecting such species; and (3) initiate the amendment of any existing international treaty for such purposes.

(Sec. 406) Requires the Secretary to report annually to Congress, including a list identifying nations whose vessels conduct shark-finning and details of the extent of the international trade in shark fins.

(Sec. 407) Directs the Secretary, subject to the availability of appropriations, to establish a Pacific and Atlantic sharks research program.

(Sec. 408) Requires the National Marine Fisheries Service to initiate a cooperative research program with the commercial longline fishing industry.

(Sec. 410) Authorizes appropriations.

Title V: Extension of Period for Reimbursement under Fishermen's Protective Act of 1967 - Fishermen's Protective Act Amendments of 2000 - Amends the Fishermen's Protective Act of 1967 to extend the effective period of provisions authorizing reimbursement to owners of U.S. commercial fishing vessels for certain costs incurred when such a vessel is seized and detained by a foreign country.

Title VI: Yukon River Salmon - Yukon River Salmon Act of 2000 - Establishes the Yukon River Salmon Panel. Includes among its duties: (1) advising the Secretary of State on the negotiation of any international agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada; and (2) advising the Secretary of the Interior on restoration and enhancement of those stocks. Authorizes the Secretary of State to designate Panel members to be the U.S. representatives on any successor to the panel established by a specified interim agreement between the United States and Canada for the conservation of salmon stocks, if authorized by any agreement establishing the successor.

(Sec. 603) Authorizes the Governor of Alaska to establish and appoint an advisory committee of individuals knowledgeable regarding the Yukon River salmon fisheries. Allows committee members to attend all Panel meetings and requires that they be given the opportunity to examine and be heard on any Panel matter.

(Sec. 605) Makes the State of Alaska Department of Fish and Game the responsible U.S. management entity for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River.

(Sec. 607) Authorizes the Secretary of the Interior to carry out projects to restore or enhance such salmon stocks.

(Sec. 608) Authorizes appropriations.

Title VII: Fishery Information Acquisition - Fisheries Survey Vessel Authorization Act of 2000 - Authorizes the Secretary of Commerce to acquire and equip up to six fishery survey vessels. Requires the Secretary, notwithstanding specified provisions of Federal law, to seek to procure the vessels through full and open competition from responsible United States shipbuilding companies irrespective of size. Authorizes appropriations.

Title VIII: Coral Reef Conservation - Coral Reef Conservation Act of 2000 - Directs the NOAA Administrator to submit to specified congressional committees and publish in the Federal Register a national coral reef action strategy, and to review and revise such strategy as necessary. Requires the strategy to include a statement of goals and objectives as well as an implementation plan.

(Sec. 804) Directs the Secretary to provide grants of financial assistance for the conservation of coral reefs under proposals approved by the Administrator (with a matching funds requirement). Outlines grant eligibility requirements and requires geographic and biological diversity in grants awarded. Requires the Administrator to review and approve or disapprove each project proposal.

(Sec. 805) Authorizes the Administrator to: (1) enter into an agreement with a nonprofit organization to establish a coral reef conservation fund; and (2) make grants to address unforeseen or disaster-related circumstances pertaining to coral reefs or their ecosystems.

(Sec. 807) Authorizes the Secretary to conduct coral reef conservation activities consistent with this Act, the National Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act, and the Marine Mammal Act.

(Sec. 808) Requires the Administrator to submit to specified committees effectiveness reports concerning coral reef conservation programs and activities.

(Sec. 809) Authorizes appropriations for FY 2001 through 2004.

Title IX: Miscellaneous - Makes the catcher vessels HAZEL LORRAINE and PROVIDIAN, notwithstanding specified provisions of the American Fisheries Act, eligible to harvest the directed fishing allowance under specified provisions of that Act under a Federal fishing permit in the same way as, and subject to the same requirements and limitations as apply to, catcher vessels that are eligible to harvest that directed fishing allowance under other specified provisions of that Act.

(Sec. 902) Amends the Great Lakes Fishery Act of 1956, the Tuna Conventions Act of 1950, the Atlantic Tuna Conventions Act of 1975, and the North Pacific Anadromous Stocks Act of 1992 to declare that individuals serving on various fishery or tuna commissions shall not be considered Federal employees while performing such service, subject to exception.

(Sec. 903) Amends the Sustainable Fisheries Act to authorize appropriations to carry out provisions relating to grants for fishery demonstration projects to foster and promote traditional indigenous fishing practices.

(Sec. 904) Amends Federal law to delay until 2004 the termination of provisions allowing, notwithstanding specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act), each of the States of Washington, Oregon, and California to adopt and enforce laws and regulations governing fishing and processing in the exclusive economic zone adjacent to that State for any Dungeness crab fishery for which there is no Magnuson Act fishery management plan in effect.

Title X: Marine Mammal Rescue Assistance - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment; (2) data collection from living or dead stranded marine mammals; and (3) facilities operation. Directs the Secretary to establish an advisory group to advise the Secretary regarding the implementation of grant provisions, including the award of grants. Caps grants at $100,000. Requires a 25 percent non-Federal matching share. Authorizes appropriations.