Text: H.R.2584 — 108th Congress (2003-2004)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 108-219 (04/13/2004)

 
[108th Congress Public Law 219]
[From the U.S. Government Printing Office]


[DOCID: f:publ219.108]

[[Page 118 STAT. 615]]

Public Law 108-219
108th Congress

                                 An Act


 
 To provide for the conveyance to the Utrok Atoll local government of a 
decommissioned National Oceanic and Atmospheric Administration ship, and 
       for other purposes. <<NOTE: Apr. 13, 2004 -  [H.R. 2584]>> 

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

          TITLE I--UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT

SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT.

    (a) In support of radiological monitoring, rehabilitation, and 
resettlement of Utrok Atoll, whose residents were affected by United 
States nuclear testing, the Secretary of Commerce may convey to the 
Utrok Atoll local government without consideration, all right, title, 
and interest of the United States in and to a decommissioned National 
Oceanic and Atmospheric Administration ship in operable condition.
    (b) The Government of the United States shall not be responsible or 
liable for any maintenance or operation of a vessel conveyed under this 
section after the date of the delivery of the vessel to Utrok.
    (c) <<NOTE: Deadline.>> Within 120 days after the date of enactment 
of this Act, the Utrok Atoll local government, in consultation with the 
Government of the Republic of the Marshall Islands, shall submit a plan 
for the use of the vessel to be conveyed under subsection (a) to the 
House of Representatives Committee on Resources, the House of 
Representatives Committee on Science, the Senate Committee on Energy and 
Natural Resources, and the Senate Committee on Commerce, Science, and 
Transportation.

  TITLE II--RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND 
                                 ACTIONS

SEC. 201. <<NOTE: Deadline.>> RATIFICATION OF CERTAIN NOAA APPOINTMENTS, 
            PROMOTIONS, AND ACTIONS.

    All action in the line of duty by, and all Federal agency actions in 
relation to (including with respect to pay, benefits, and retirement) a 
de facto officer of the commissioned corps of the National Oceanic and 
Atmospheric Administration who was appointed or

[[Page 118 STAT. 616]]

promoted to that office without Presidential action, and without the 
advice and consent of the Senate, during such time as the officer was 
not properly appointed in or promoted to that office, are hereby 
ratified and approved if otherwise in accord with the law, and the 
President alone may, without regard to any other law relating to 
appointments or promotions in such corps, appoint or promote such a de 
facto officer temporarily, without change in the grade currently 
occupied in a de facto capacity, as an officer in such corps for a 
period ending not later than 180 days from the date of enactment of this 
Act.

TITLE III--INTERNATIONAL <<NOTE: International Fisheries Reauthorization 
Act of 2004.>> FISHERIES REAUTHORIZATION

SEC. 301. SHORT <<NOTE: 16 USC 5701 note.>> TITLE.

    This title may be cited as the ``International Fisheries 
Reauthorization Act of 2004''.

SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
            PROTECTIVE ACT OF 1967.

    Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1977(e)) is amended by striking ``2003'' and inserting ``2008''.

SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000.

    Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) 
is amended by striking ``2000'' and all that follows through ``2003'' 
and inserting ``2004 through 2008''.

SEC. 304. REBUILDING FISH STOCKS.

    Section 105 of division H of the Consolidated Appropriations Act, 
2004, <<NOTE: Ante, p. 437.>> is repealed.

                 TITLE IV--PACIFIC ALBACORE TUNA TREATY

SEC. 401. <<NOTE: 16 USC 1821 note.>> IMPLEMENTATION.

    (a) In General.--Notwithstanding anything to the contrary in section 
201, 204, or 307(2) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may 
be conducted pursuant to the Treaty between the Government of the United 
States of America and the Government of Canada on Pacific Coast Albacore 
Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, 
including its Annexes and any amendments thereto.
    (b) Regulations.--The Secretary of Commerce, with the concurrence of 
the Secretary of State, may--
            (1) promulgate regulations necessary to discharge the 
        obligations of the United States under the Treaty and its 
        Annexes; and
            (2) provide for the application of any such regulation to 
        any person or vessel subject to the jurisdiction of the United 
        States, wherever that person or vessel may be located.

    (c) Enforcement.--
            (1) In general.--The Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1801 et seq.) shall

[[Page 118 STAT. 617]]

        be enforced as if subsection (a) were a provision of that Act. 
        Any reference in the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to 
        any provision of that Act, shall be considered to be a reference 
        to that Act as it would be in effect if subsection (a) were a 
        provision of that Act.
            (2) Regulations.--The regulations promulgated under 
        subsection (b), shall be enforced as if--
                    (A) subsection (a) were a provision of the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.); and
                    (B) the regulations were promulgated under that Act.

SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.

    Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973d(a)) 
is amended by striking ``outside of the 200 nautical mile fisheries 
zones of the Pacific Island Parties.'' and inserting ``or to fishing by 
vessels using the longline method in the high seas areas of the Treaty 
area.''.

    Approved April 13, 2004.

LEGISLATIVE HISTORY--H.R. 2584 (S. 886):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-378 (Comm. on Resources).
SENATE REPORTS: No. 108-58 accompanying S. 886 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Nov. 21, considered and passed 
                                        House.
                                                        Vol. 150 (2004):
                                    Mar. 24, considered and passed 
                                        Senate, amended.
                                    Mar. 29, House concurred in Senate 
                                        amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
            Apr. 13, Presidential statement.

                                  <all>