Pribilof Islands Transition Act (16 U.S.C.)

1 PUBLIC LAW 106-562 [Public Law 106–562, Approved Dec. 23, 2000, 114 Stat. 2794] [As Amended Through Public Law 106–562, December 23, 2000] AN ACT To complete the orderly withdrawal of the NOAA from the civil administra tion of the Pribilof Islands, Alaska, and to assist in the conservation of coral reefs, and for other purposes. TITLE I—PRIBILOF ISLANDS SEC. 101. SHORT TITLE. This title may be referred to as the ‘‘Pribilof Islands Transition Act’’. * * * * * * * SEC. 105. ø16 U.S.C. 1161 note¿ TERMINATION OF RESPONSIBILITIES. (a) FUTURE OBLIGATION.— (1) IN GENERAL.—The Secretary of Commerce shall not be considered to have any obligation to promote or otherwise pro vide for the development of any form of an economy not de pendent on sealing on the Pribilof Islands, Alaska, including any obligation under section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165 note). (2) SAVINGS.—This subsection shall not affect any cause of action under section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165 note)— (A) that arose before the date of the enactment of this title; and (B) for which a judicial action is filed before the expi ration of the 5-year period beginning on the date of the en actment of this title. (3) RULE OF CONSTRUCTION.—Nothing in this title shall be construed to imply that— (A) any obligation to promote or otherwise provide for the development in the Pribilof Islands of any form of an economy not dependent on sealing was or was not estab lished by section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166), section 3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165 note), or any other provision of law; or (B) any cause of action could or could not arise with respect to such an obligation. (4) CONFORMING AMENDMENT.—Section 3(c)(1) of Public Law 104–91 (16 U.S.C. 1165 note) is amended by striking sub VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 2 Sec. 105 PUBLIC LAW 106-562 paragraph (A) and redesignating subparagraphs (B) through (D) in order as subparagraphs (A) through (C). (b) PROPERTY CONVEYANCE AND CLEANUP.— (1) IN GENERAL.—Subject to paragraph (2), there are termi nated all obligations of the Secretary of Commerce and the United States to— (A) convey property under section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165); and (B) carry out cleanup activities, including assessment, response, remediation, and monitoring, except for postremedial measures such as monitoring and operation and maintenance activities, related to National Oceanic and Atmospheric Administration administration of the Pribilof Islands, Alaska, under section 3 of Public Law 104–91 (16 U.S.C. 1165 note) and the Pribilof Islands En vironmental Restoration Agreement between the National Oceanic and Atmospheric Administration and the State of Alaska, signed January 26, 1996. (2) APPLICATION.—Paragraph (1) shall apply on and after the date on which the Secretary of Commerce certifies that— (A) the State of Alaska has provided written confirma tion that no further corrective action is required at the sites and operable units covered by the Pribilof Islands En vironmental Restoration Agreement between the National Oceanic and Atmospheric Administration and the State of Alaska, signed January 26, 1996, with the exception of postremedial measures, such as monitoring and operation and maintenance activities; (B) the cleanup required under section 3(a) of Public Law 104–91 (16 U.S.C. 1165 note) is complete; (C) the properties specified in the document referred to in subsection (a) of section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165(a)) can be unconditionally offered for conveyance under that section; and (D) all amounts appropriated under section 206(c)(1) of the Fur Seal Act of 1966, as amended by this title, have been obligated. (3) FINANCIAL CONTRIBUTIONS FOR CLEANUP COSTS.—(A) On and after the date on which section 3(b)(5) of Public Law 104–91 (16 U.S.C. 1165 note) is repealed pursuant to sub section (c), the Secretary of Commerce may not seek or require financial contribution by or from any local governmental entity of the Pribilof Islands, any official of such an entity, or the owner of land on the Pribilof Islands, for cleanup costs in curred pursuant to section 3(a) of Public Law 104–91 (as in ef fect before such repeal), except as provided in subparagraph (B). (B) Subparagraph (A) shall not limit the authority of the Secretary of Commerce to seek or require financial contribu tion 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. VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 3 Sec. 105 PUBLIC LAW 106-562 (4) CERTAIN RESERVED RIGHTS NOT CONDITIONS.—For pur poses of paragraph (2)(C), the following requirements shall not be considered to be conditions on conveyance of property: (A) Any requirement that a potential transferee must allow the National Oceanic and Atmospheric Administra tion continued access to the property to conduct environ mental monitoring following remediation activities. (B) Any requirement that a potential transferee must allow the National Oceanic and Atmospheric Administra tion access to the property to continue the operation, and eventual closure, of treatment facilities. (C) Any requirement that a potential transferee must comply with institutional controls to ensure that an envi ronmental cleanup remains protective of human health or the environment that do not unreasonably affect the use of the property. (D) Valid existing rights in the property, including rights granted by contract, permit, right-of-way, or ease ment. (E) The terms of the documents described in sub section (d)(2). (c) REPEALS.—Effective on the date on which the Secretary of Commerce makes the certification described in subsection (b)(2), the following provisions are repealed: (1) Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165). (2) Section 3 of Public Law 104–91 (16 U.S.C. 1165 note). (d) SAVINGS.— (1) IN GENERAL.—Nothing in this title shall affect any obli gation of the Secretary of Commerce, or of any Federal depart ment or agency, under or with respect to any document de scribed in paragraph (2) or with respect to any lands subject to such a document. (2) DOCUMENTS DESCRIBED.—The documents referred to in paragraph (1) are the following: (A) The Transfer of Property on the Pribilof Islands: Description, Terms, and Conditions, dated February 10, 1984, between the Secretary of Commerce and various Pribilof Island entities. (B) The Settlement Agreement between Tanadgusix Corporation and the City of St. Paul, dated January 11, 1988, and approved by the Secretary of Commerce on Feb ruary 23, 1988. (C) The Memorandum of Understanding between Tanadgusix Corporation, Tanaq Corporation, and the Sec retary of Commerce, dated December 22, 1976. (e) DEFINITIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), the definitions set forth in section 101 of the Fur Seal Act of 1966 (16 U.S.C. 1151) shall apply to this section. (2) NATIVES OF THE PRIBILOF ISLANDS.—For purposes of this section, the term ‘‘Natives of the Pribilof Islands’’ includes the Tanadgusix Corporation, the St. George Tanaq Corpora VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 4 Sec. 201 PUBLIC LAW 106-562 tion, and the city governments and tribal councils of St. Paul and St. George, Alaska. * * * * * * * TITLE II—CORAL REEF CONSERVATION SEC. 201. ø16 U.S.C. 6401 note¿ SHORT TITLE. This title may be cited as the ‘‘Coral Reef Conservation Act of 2000’’. SEC. 202. ø16 U.S.C. 6401¿ PURPOSES. The purposes of this title are— (1) to preserve, sustain, and restore the condition of coral reef ecosystems; (2) to promote the wise management and sustainable use of coral reef ecosystems to benefit local communities and the Nation; (3) to develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems; (4) to assist in the preservation of coral reefs by supporting conservation programs, including projects that involve affected local communities and nongovernmental organizations; (5) to provide financial resources for those programs and projects; and (6) to establish a formal mechanism for collecting and allo cating monetary donations from the private sector to be used for coral reef conservation projects. SEC. 203. ø16 U.S.C. 6402¿ NATIONAL CORAL REEF ACTION STRATEGY. (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Com mittee on Commerce, Science, and Transportation of the Senate and to the Committee on Resources of the House of Representa tives and publish in the Federal Register a national coral reef ac tion strategy, consistent with the purposes of this title. The Admin istrator shall periodically review and revise the strategy as nec essary. In developing this national strategy, the Secretary may con sult with the Coral Reef Task Force established under Executive Order 13089 (June 11, 1998). (b) GOALS AND OBJECTIVES.—The action strategy shall include a statement of goals and objectives as well as an implementation plan, including a description of the funds obligated each fiscal year to advance coral reef conservation. The action strategy and imple mentation plan shall include discussion of— (1) coastal uses and management; (2) water and air quality; (3) mapping and information management; (4) research, monitoring, and assessment; (5) international and regional issues; (6) outreach and education; (7) local strategies developed by the States or Federal agencies, including regional fishery management councils; and VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00004 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 5 Sec. 204 PUBLIC LAW 106-562 (8) conservation, including how the use of marine protected areas to serve as replenishment zones will be developed con sistent with local practices and traditions. SEC. 204. ø16 U.S.C. 6403¿ CORAL REEF CONSERVATION PROGRAM. (a) GRANTS.—The Secretary, through the Administrator and subject to the availability of funds, shall provide grants of financial assistance for projects for the conservation of coral reefs (hereafter in this title referred to as ‘‘coral conservation projects’’), for pro posals approved by the Administrator in accordance with this sec tion. (b) MATCHING REQUIREMENTS.— (1) FIFTY PERCENT.—Except as provided in paragraph (2), Federal funds for any coral conservation project under this sec tion may not exceed 50 percent of the total cost of such project. For purposes of this paragraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. (2) WAIVER.—The Administrator may waive all or part of the matching requirement under paragraph (1) if the Adminis trator determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. (c) ELIGIBILITY.—Any natural resource management authority of a State or other government authority with jurisdiction over coral reefs or whose activities directly or indirectly affect coral reefs, or coral reef ecosystems, or educational or nongovernmental institutions with demonstrated expertise in the conservation of coral reefs, may submit to the Administrator a coral conservation proposal under subsection (e). (d) GEOGRAPHIC AND BIOLOGICAL DIVERSITY.—The Adminis trator shall ensure that funding for grants awarded under sub section (b) during a fiscal year are distributed in the following manner: (1) No less than 40 percent of funds available shall be awarded for coral conservation projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States. (2) No less than 40 percent of the funds available shall be awarded for coral conservation projects in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States. (3) Remaining funds shall be awarded for projects that ad dress emerging priorities or threats, including international priorities or threats, identified by the Administrator. When identifying emerging threats or priorities, the Administrator may consult with the Coral Reef Task Force. (e) PROJECT PROPOSALS.—Each proposal for a grant under this section shall include the following: (1) The name of the individual or entity responsible for conducting the project. VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00005 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 6 Sec. 204 PUBLIC LAW 106-562 (2) A description of the qualifications of the individuals who will conduct the project. (3) A succinct statement of the purposes of the project. (4) An estimate of the funds and time required to complete the project. (5) Evidence of support for the project by appropriate rep resentatives of States or other government jurisdictions in which the project will be conducted. (6) Information regarding the source and amount of match ing funding available to the applicant. (7) A description of how the project meets one or more of the criteria in subsection (g). (8) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for funding under this title. (f) PROJECT REVIEW AND APPROVAL.— (1) IN GENERAL.—The Administrator shall review each coral conservation project proposal to determine if it meets the criteria set forth in subsection (g). (2) REVIEW; APPROVAL OR DISAPPROVAL.—Not later than 6 months after receiving a project proposal under this section, the Administrator shall— (A) request and consider written comments on the pro posal from each Federal agency, State government, or other government jurisdiction, including the relevant re gional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanc tuary, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is con sistent with locally-established priorities; (B) provide for the merit-based peer review of the pro posal and require standardized documentation of that peer review; (C) after considering any written comments and rec ommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and (D) provide written notification of that approval or dis approval to the person who submitted the proposal, and each of those States and other government jurisdictions that provided comments under subparagraph (A). (g) CRITERIA FOR APPROVAL.—The Administrator may not ap prove a project proposal under this section unless the project is consistent with the coral reef action strategy under section 203 and will enhance the conservation of coral reefs by— (1) implementing coral conservation programs which pro mote sustainable development and ensure effective, long-term conservation of coral reefs; (2) addressing the conflicts arising from the use of environ ments near coral reefs or from the use of corals, species associ ated with coral reefs, and coral products; (3) enhancing compliance with laws that prohibit or regu late the taking of coral products or species associated with VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00006 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 7 Sec. 205 PUBLIC LAW 106-562 coral reefs or regulate the use and management of coral reef ecosystems; (4) developing sound scientific information on the condition of coral reef ecosystems or the threats to such ecosystems, in cluding factors that cause coral disease; (5) promoting and assisting to implement cooperative coral reef conservation projects that involve affected local commu nities, nongovernmental organizations, or others in the private sector; (6) increasing public knowledge and awareness of coral reef ecosystems and issues regarding their long term conserva tion; (7) mapping the location and distribution of coral reefs; (8) developing and implementing techniques to monitor and assess the status and condition of coral reefs; (9) developing and implementing cost-effective methods to restore degraded coral reef ecosystems; or (10) promoting ecologically sound navigation and anchor ages near coral reefs. (h) PROJECT REPORTING.—Each grantee under this section shall provide periodic reports as required by the Administrator. Each report shall include all information required by the Adminis trator for evaluating the progress and success of the project. (i) CORAL REEF TASK FORCE.—The Administrator may consult with the Coral Reef Task Force to obtain guidance in establishing coral conservation project priorities under this section. (j) IMPLEMENTATION GUIDELINES.—Within 180 days after the date of the enactment of this Act, the Administrator shall promul gate necessary guidelines for implementing this section. In devel oping those guidelines, the Administrator shall consult with State, regional, and local entities involved in setting priorities for con servation of coral reefs and provide for appropriate public notice and opportunity for comment. SEC. 205. ø16 U.S.C. 6404¿ CORAL REEF CONSERVATION FUND. (a) FUND.—The Administrator may enter into an agreement with a nonprofit organization that promotes coral reef conservation authorizing such organization to receive, hold, and administer funds received pursuant to this section. The organization shall in vest, reinvest, and otherwise administer the funds and maintain such funds and any interest or revenues earned in a separate inter est bearing account, hereafter referred to as the Fund, established by such organization solely to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef action strategy under section 203. (b) AUTHORIZATION TO SOLICIT DONATIONS.—Pursuant to an agreement entered into under subsection (a) of this section, an or ganization may accept, receive, solicit, hold, administer, and use any gift to further the purposes of this title. Any moneys received as a gift shall be deposited and maintained in the Fund established by the organization under subsection (a). (c) REVIEW OF PERFORMANCE.—The Administrator shall con duct a continuing review of the grant program administered by an VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00007 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 8 Sec. 206 PUBLIC LAW 106-562 organization under this section. Each review shall include a writ ten assessment concerning the extent to which that organization has implemented the goals and requirements of this section and the national coral reef action strategy under section 203. (d) ADMINISTRATION.—Under an agreement entered into pursu ant to subsection (a), the Administrator may transfer funds appro priated to carry out this title to an organization. Amounts received by an organization under this subsection may be used for match ing, in whole or in part, contributions (whether in money, services, or property) made to the organization by private persons and State and local government agencies. SEC. 206. ø16 U.S.C. 6405¿ EMERGENCY ASSISTANCE. The Administrator may make grants to any State, local, or ter ritorial government agency with jurisdiction over coral reefs for emergencies to address unforeseen or disaster-related circumstance pertaining to coral reefs or coral reef ecosystems. SEC. 207. ø16 U.S.C. 6406¿ NATIONAL PROGRAM. (a) IN GENERAL.—Subject to the availability of appropriations, the Secretary may conduct activities to conserve coral reefs and coral reef ecosystems, that are consistent with this title, the Na tional Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, the Magnuson-Stevens Fishery Conservation and Manage ment Act, the Endangered Species Act of 1973, and the Marine Mammal Protection Act of 1972. (b) AUTHORIZED ACTIVITIES.—Activities authorized under sub section (a) include— (1) mapping, monitoring, assessment, restoration, and sci entific research that benefit the understanding, sustainable use, and long-term conservation of coral reefs and coral reef ecosystems; (2) enhancing public awareness, education, understanding, and appreciation of coral reefs and coral reef ecosystems; (3) providing assistance to States in removing abandoned fishing gear, marine debris, and abandoned vessels from coral reefs to conserve living marine resources; and (4) cooperative conservation and management of coral reefs and coral reef ecosystems with local, regional, or international programs and partners. SEC. 208. ø16 U.S.C. 6407¿ EFFECTIVENESS REPORTS. (a) GRANT PROGRAM.—Not later than 3 years after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Sen ate and the Committee on Resources of the House of Representa tives a report that documents the effectiveness of the grant pro gram under section 204 in meeting the purposes of this title. The report shall include a State-by-State summary of Federal and non Federal contributions toward the costs of each project. (b) NATIONAL PROGRAM.—Not later than 2 years after the date on which the Administrator publishes the national coral reef strat egy under section 203 and every 2 years thereafter, the Adminis trator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report describing all activities un VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00008 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 9 Sec. 210 PUBLIC LAW 106-562 dertaken to implement that strategy, under section 203, including a description of the funds obligated each fiscal year to advance coral reef conservation. SEC. 209. ø16 U.S.C. 6408¿ AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—There are authorized to be appropriated to the Secretary to carry out this title $16,000,000 for each of fiscal years 2001, 2002, 2003, and 2004, which may remain available until expended. (b) ADMINISTRATION.—Of the amounts appropriated under sub section (a), not more than the lesser of $1,000,000 or 10 percent of the amounts appropriated, may be used for program administration or for overhead costs incurred by the National Oceanic and Atmos pheric Administration or the Department of Commerce and as sessed as an administrative charge. (c) CORAL REEF CONSERVATION PROGRAM.—From the amounts appropriated under subsection (a), there shall be made available to the Secretary $8,000,000 for each of fiscal years 2001, 2002, 2003, and 2004 for coral reef conservation activities under section 204. (d) NATIONAL CORAL REEF ACTIVITIES.—From the amounts ap propriated under subsection (a), there shall be made available to the Secretary $8,000,000 for each of fiscal years 2001, 2002, 2003, and 2004 for activities under section 207. SEC. 210. ø16 U.S.C. 6409¿ DEFINITIONS. In this title: (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the National Oceanic and Atmospheric Ad ministration. (2) CONSERVATION.—The term ‘‘conservation’’ means the use of methods and procedures necessary to preserve or sus tain corals and associated species as diverse, viable, and self perpetuating coral reef ecosystems, including all activities as sociated with resource management, such as assessment, con servation, protection, restoration, sustainable use, and man agement of habitat; mapping; habitat monitoring; assistance in the development of management strategies for marine pro tected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Mag nuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); law enforcement; conflict resolution initia tives; community outreach and education; and that promote safe and ecologically sound navigation. (3) CORAL.—The term ‘‘coral’’ means species of the phylum Cnidaria, including— (A) all species of the orders Antipatharia (black cor als), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyanacea (soft corals), and Coenothecalia (blue coral), of the class Anthozoa; and (B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (4) CORAL REEF.—The term ‘‘coral reef’’ means any reefs or shoals composed primarily of corals. VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00009 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014 10 Sec. 210 PUBLIC LAW 106-562 (5) CORAL REEF ECOSYSTEM.—The term ‘‘coral reef eco system’’ means coral and other species of reef organisms (in cluding reef plants) associated with coral reefs, and the non living environmental factors that directly affect coral reefs, that together function as an ecological unit in nature. (6) CORAL PRODUCTS.—The term ‘‘coral products’’ means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any spe cies referred to in paragraph (3). (7) SECRETARY.—The term ‘‘Secretary’’ means the Sec retary of Commerce. (8) STATE.—The term ‘‘State’’ means any State of the United States that contains a coral reef ecosystem within its seaward boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and any other territory or possession of the United States, or separate sovereign in free association with the United States, that con tains a coral reef ecosystem within its seaward boundaries. * * * * * * * VerDate Nov 24 2008 09:52 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00010 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\PUBLIC~1.BEL HOLCPC November 19, 2014