Home > 106th Congressional Bills > H.R. 3417 (eh) To complete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil administration of the Pribilof Islands, Alaska. [Engrossed in House] ...

H.R. 3417 (eh) To complete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil administration of the Pribilof Islands, Alaska. [Engrossed in House] ...


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                  In the Senate of the United States,

                      October 13 (legislative day, September 22), 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
3417) entitled ``An Act to complete the orderly withdrawal of the 
National Oceanic and Atmospheric Administration from the civil 
administration of the Pribilof Islands, Alaska.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                  TITLE I--PRIBILOF ISLANDS TRANSITION

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, 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 authorized under section 
                105(b)(3)(B) of the Pribilof Islands Transition Act.
            ``(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.
    ``(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), such sums as may 
        be necessary.
    ``(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 
it 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 having provided 
assistance to the State of Alaska under subsection (b).
    ``(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 Act; 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 Act.
            (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 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 by this title, the Secretary 
        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 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 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 

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