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H.R.1653
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To complete the orderly withdrawal of the NOAA from the civil
administration of the Pribilof Islands, Alaska, and to assist in the
conservation of coral reefs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--PRIBILOF ISLANDS
SEC. 101. SHORT TITLE.
This title may be referred to as the ``Pribilof Islands Transition
Act''.
SEC. 102. PURPOSE.
The purpose of this title is to complete the orderly withdrawal of
the National Oceanic and Atmospheric Administration from the civil
administration of the Pribilof Islands, Alaska.
SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR SEAL ACT
OF 1966.
Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly known and
referred to in this title as the Fur Seal Act of 1966, is amended by
amending section 206 (16 U.S.C. 1166) to read as follows:
``SEC. 206. FINANCIAL ASSISTANCE.
``(a) Grant Authority.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall provide financial assistance to
any city government, village corporation, or tribal council of St.
George, Alaska, or St. Paul, Alaska.
``(2) Use for matching.--Notwithstanding any other provision of
law relating to matching funds, funds provided by the Secretary as
assistance under this subsection may be used by the entity as non-
Federal matching funds under any Federal program that requires such
matching funds.
``(3) Restriction on use.--The Secretary may not use financial
assistance authorized by this Act--
``(A) to settle any debt owed to the United States;
``(B) for administrative or overhead expenses; or
``(C) for contributions sought or required 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.
``(4) Funding instruments and procedures.--In providing
assistance under this subsection the Secretary shall transfer any
funds appropriated to carry out this section to the Secretary of
the Interior, who shall obligate such funds through instruments and
procedures that are equivalent to the instruments and procedures
required to be used by the Bureau of Indian Affairs pursuant to
title IV of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
``(5) Pro rata distribution of assistance.--In any fiscal year
for which less than all of the funds authorized under subsection
(c)(1) are appropriated, such funds shall be distributed under this
subsection on a pro rata basis among the entities referred to in
subsection (c)(1) in the same proportions in which amounts are
authorized by that subsection for grants to those entities.
``(b) Solid Waste Assistance.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall provide assistance to the State
of Alaska for designing, locating, constructing, redeveloping,
permitting, or certifying solid waste management facilities on the
Pribilof Islands to be operated under permits issued to the City of
St. George and the City of St. Paul, Alaska, by the State of Alaska
under section 46.03.100 of the Alaska Statutes.
``(2) Transfer.--The Secretary shall transfer any
appropriations received under paragraph (1) to the State of Alaska
for the benefit of rural and Native villages in Alaska for
obligation under section 303 of Public Law 104-182, except that
subsection (b) of that section shall not apply to those funds.
``(3) Limitation.--In order to be eligible to receive financial
assistance under this subsection, not later than 180 days after the
date of the enactment of this paragraph, each of the Cities of St.
Paul and St. George shall enter into a written agreement with the
State of Alaska under which such City shall identify by its legal
boundaries the tract or tracts of land that such City has selected
as the site for its solid waste management facility and any
supporting infrastructure.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2001, 2002, 2003, 2004,
and 2005--
``(1) for assistance under subsection (a) a total not to
exceed--
``(A) $9,000,000, for grants to the City of St. Paul;
``(B) $6,300,000, for grants to the Tanadgusix Corporation;
``(C) $1,500,000, for grants to the St. Paul Tribal
Council;
``(D) $6,000,000, for grants to the City of St. George;
``(E) $4,200,000, for grants to the St. George Tanaq
Corporation; and
``(F) $1,000,000, for grants to the St. George Tribal
Council; and
``(2) for assistance under subsection (b), for fiscal years
2001, 2002, 2003, 2004, and 2005 a total not to exceed--
``(A) $6,500,000 for the City of St. Paul; and
``(B) $3,500,000 for the City of St. George.
``(d) Limitation on Use of Assistance for Lobbying Activities.--
None of the funds authorized by this section may be available for any
activity a purpose of which is to influence legislation pending before
the Congress, except that this subsection shall not prevent officers or
employees of the United States or of its departments, agencies, or
commissions from communicating to Members of Congress, through proper
channels, requests for legislation or appropriations that they consider
necessary for the efficient conduct of public business.
``(e) Immunity From Liability.--Neither the United States nor any
of its agencies, officers, or employees shall have any liability under
this Act or any other law associated with or resulting from the
designing, locating, contracting for, redeveloping, permitting,
certifying, operating, or maintaining any solid waste management
facility on the Pribilof Islands as a consequence of--
``(1) having provided assistance to the State of Alaska under
subsection (b); or
``(2) providing funds for, or planning, constructing, or
operating, any interim solid waste management facilities that may
be required by the State of Alaska before permanent solid waste
management facilities constructed with assistance provided under
subsection (b) are complete and operational.
``(f) Report on Expenditures.--Each entity which receives
assistance authorized under subsection (c) shall submit an audited
statement listing the expenditure of that assistance to the Committee
on Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and the Committee
on Commerce, Science, and Transportation of the Senate, on the last day
of fiscal years 2002, 2004, and 2006.
``(g) Congressional Intent.--Amounts authorized under subsection
(c) are intended by Congress to be provided in addition to the base
funding appropriated to the National Oceanic and Atmospheric
Administration in fiscal year 2000.''.
SEC. 104. DISPOSAL OF PROPERTY.
Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) Not later than 3 months after the date of the enactment of
the Pribilof Islands Transition Act, the Secretary 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
that includes--
``(1) a description of all property specified in the document
referred to in subsection (a) that has been conveyed under that
subsection;
``(2) a description of all Federal property specified in the
document referred to in subsection (a) that is going to be conveyed
under that subsection; and
``(3) an identification of all Federal property on the Pribilof
Islands that will be retained by the Federal Government to meet its
responsibilities under this Act, the Convention, and any other
applicable law.''; and
(2) by striking subsection (g).
SEC. 105. 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 provide
for the development of any form of an economy not dependent 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
expiration of the 5-year period beginning on the date of the
enactment 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 established 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 subparagraph (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 terminated
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 Environmental 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 confirmation
that no further corrective action is required at the sites and
operable units covered by the Pribilof Islands Environmental
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 subsection (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 incurred pursuant
to section 3(a) of Public Law 104-91 (as in effect 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 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.
(4) Certain reserved rights not conditions.--For purposes 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 Administration continued
access to the property to conduct environmental monitoring
following remediation activities.
(B) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration 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 environmental
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 easement.
(E) The terms of the documents described in subsection
(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
obligation of the Secretary of Commerce, or of any Federal
department or agency, under or with respect to any document
described 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 February 23, 1988.
(C) The Memorandum of Understanding between Tanadgusix
Corporation, Tanaq Corporation, and the Secretary 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
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