Home > 106th Congressional Bills > H.R. 3417 (ih) To complete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil administration of the Pribilof Islands, Alaska. [Introduced in House] ...H.R. 3417 (ih) To complete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil administration of the Pribilof Islands, Alaska. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 3417
_______________________________________________________________________
AN ACT
To complete the orderly withdrawal of the National Oceanic and
Atmospheric Administration from the civil administration of the
Pribilof Islands, Alaska.
106th CONGRESS
2d Session
H. R. 3417
_______________________________________________________________________
AN ACT
To complete the orderly withdrawal of the National Oceanic and
Atmospheric Administration from the civil administration of the
Pribilof Islands, Alaska.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Pribilof Islands Transition
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to complete the orderly withdrawal of
the National Oceanic and Atmospheric Administration from the civil
administration of the Pribilof Islands, Alaska.
SEC. 3. FINANCIAL ASSISTANCE FOR PRIBILOF ISLANDS UNDER FUR SEAL ACT OF
1966.
Public Law 89-702, popularly known and referred to in this Act 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
5(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. 4. 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. 5. 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 Act 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 Act, 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 Act, 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.
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