Home > 106th Congressional Bills > H.R. 5566 (ih) To amend section 8 of the United States Housing Act of 1937 to [Introduced in House] ...H.R. 5566 (ih) To amend section 8 of the United States Housing Act of 1937 to [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 5565
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to improve implementation of the western Alaska community development
quota program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2000
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to improve implementation of the western Alaska community development
quota program, and for other purposes.
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 cited as the ``Western Alaska Community Development
Quota Program Implementation Improvement Act of 2000''.
SEC. 2. IMPROVEMENT OF WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA
PROGRAM.
Section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855) is amended--
(1) by amending the subsection heading for subsection (i)
to read as follows:
``(i) Western Pacific Community Development Program.--'';
(2) by striking paragraph (1) of subsection (i);
(3) by redesignating paragraph (2) of subsection (i) as
paragraph (1);
(4) by inserting before paragraph (3) of subsection (i) the
following:
``(k) General Provisions Relating to Community Development Quota
Programs.--'';
(5) in subsection (k) (as designated by paragraph (4) of
this section) by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2) of subsection (k), respectively; and
(6) by inserting after subsection (i) the following:
``(j) Western Alaska Community Development Program.--
``(1) Establishment.--The North Pacific Council and the
Secretary shall establish a western Alaska community
development quota program--
``(A) to afford eligible communities a fair and
equitable opportunity to participate in Bering Sea
fisheries; and
``(B) to assist eligible communities to achieve
sustainable long-term diversified local economic
development.
``(2) Allocation of percentages of bering sea directed
fisheries.--The Secretary shall allocate the following
percentages of the total allowable catches and guideline
harvest levels of Bering Sea directed fisheries as directed
fishing allowances to the western Alaska community development
quota program:
``(A) No less than 10 percent of the total
allowable catch of the Bering Sea directed pollock
fishery.
``(B) No less than 7.5 percent of the total
allowable catch of all other Bering Sea directed
groundfish fisheries.
``(C) No less than 7.5 percent of the guideline
harvest level of each Bering Sea directed crab fishery.
``(3) Eligibility to participate.--To be eligible to
participate in the western Alaska community development quota
program, a community must--
``(A) be located--
``(i) within 50 nautical miles from the
baseline from which the breadth of the
territorial sea is measured along the Bering
Sea coast from the Bering Strait to the
westernmost of the Aleutian Islands; or
``(ii) on an island within the Bering Sea;
``(B) not be located on the Gulf of Alaska coast of
the north Pacific Ocean;
``(C) be certified by the Secretary of the Interior
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1610 et seq.) to be a Native village;
``(D) consist of residents who conduct more than
one-half of their current commercial or subsistence
fishing effort in the waters of the Bering Sea or
waters surrounding the Aleutian Islands;
``(E) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in the groundfish fisheries of the Bering
Sea, unless the community demonstrates that its
participation in the western Alaska community
development program is the only way for the community
to realize a return from previous investments in
harvesting or processing capability; and
``(F) be a member of a CDQ group.
``(4) Authority to harvest.--(A) The Secretary may
authorize a CDQ group to harvest a share of the percentage of
the total allowable catch or guideline harvest level of a
Bering Sea directed fishery allocated under paragraph (2) if
the CDQ group submits a community development plan to the
Secretary in accordance with this paragraph.
``(B) A community development plan shall--
``(i) request a share of the percentage of
the total allowable catch or guideline harvest
level of the fishery that the CDQ group that
submits the plan desires to harvest annually
during the effective period of the plan; and
``(ii) describe all CDQ projects that the
CDQ group that submits the plan intends to
participate in during the 36-month duration of
the plan.
``(C)(i) The Secretary shall timely approve or disapprove
each community development plan submitted under this paragraph
that contains the information described in subparagraph (B). If
approved, a community development plan shall be effective for
36 months, except as provided in clause (ii).
``(ii) The community development plans that the Secretary
approved before the 2001 fishing year shall expire on December
31, 2003.
``(D) In approving a community development plan, the
Secretary shall specify the share of the total allowable catch
or guideline harvest level that the CDQ group is authorized to
harvest annually under the plan, in accordance with paragraph
(5).
``(5) Specification of harvest shares.--(A) If the total of
the harvest shares requested pursuant to paragraph (4)(B)(i)
for a fishery is greater than the percentage of the total
allowable catch or guideline harvest level for the fishery
allocated under paragraph (2) to the western Alaska community
development quota program, the Secretary shall authorize each
CDQ group requesting a harvest share to harvest annually the
share of the percentage of the total allowable catch or
guideline harvest level of the fishery that the Secretary
determines is appropriate.
``(B) If the Secretary authorizes a CDQ group to harvest a
share of a fishery that is less than the harvest share
requested in the community development plan submitted by the
CDQ group, the Secretary shall give the CDQ group an
opportunity to amend the plan to reflect the reduction in
harvest share authorized by the Secretary.
``(C)(i) Within 24 months after the date of enactment of
the Western Alaska Community Development Program Implementation
Improvement Act of 2000, each CDQ group may submit criteria to
the Secretary for the Secretary to consider in determining
harvest shares under subparagraph (A).
``(ii) If, pursuant to clause (i), each CDQ group submits
the same criteria to the Secretary, the Secretary shall
consider only those criteria in determining harvest shares
under subparagraph (A).
``(iii) If, pursuant to clause (i), all CDQ groups do not
submit the same criteria to the Secretary, the Secretary shall,
by not later than 30 months after the date of enactment of the
Western Alaska Community Development Program Implementation
Improvement Act of 2000, promulgate regulations that establish
criteria that the Secretary shall consider in determining
harvest shares under subparagraph (A).
``(6) Participation by state of alaska.--(A) The Secretary
may allow the State of Alaska to participate in the
implementation of the western Alaska community development
quota program.
``(B) If the State of Alaska participates, the Secretary
may require CDQ groups to submit a copy of their community
development plans to the Governor of Alaska.
``(C) If the State of Alaska is participating in the
implementation of the western Alaska community development
quota program and the total of the harvest shares requested
pursuant to paragraph (4)(B)(i) for a fishery is greater than
the percentage of the total allowable catch or guideline
harvest level for the fishery allocated under paragraph (2) to
the western Alaska community development quota program, the
Secretary may direct the Governor of Alaska--
``(i) to consult with the CDQ groups;
``(ii) to consult with the North Pacific Fishery
Management Council regarding the plans; and
``(iii) to timely submit the Governor's
recommendations regarding the approval of the plans by
the Secretary.
``(D) The Governor shall indicate, in writing, to the
Secretary and to each CDQ group the rationale, and the factual
basis for the rationale, for any recommendation regarding the
Secretary's approval of a CDQ group's community development
plan.
``(7) Reports.--(A) On March 1 of each calendar year each
CDQ group shall submit a report regarding its approved
community development plans then in effect to the Secretary,
and to the Governor of Alaska if the State of Alaska is
participating under paragraph (6).
``(B) Each report shall describe the following:
``(i) The CDQ group's implementation during the
previous calendar year of the CDQ projects described in
the group's community development plans, and any
modifications to a project that the group may have made
since the last report.
``(ii) In summary form, the financial performance
during the previous calendar year of each subsidiary,
joint venture, partnership, or other entity in which
the CDQ group owns an equity interest, and all other
non-CDQ project-related activities in which the group
engaged.
``(iii) The CDQ group's budget for the current
calendar year.
``(C) Financial and strategic business information
contained in reports submitted under this paragraph shall be
considered confidential. The Secretary, and the Governor of
Alaska if the State of Alaska is participating in the
Secretary's implementation of the western Alaska community
development quota program--
``(i) shall not make such information available to
the public; and
``(ii) may not use such information for any purpose
other than evaluating the financial status and
performance of the CDQ group that submitted the
information.
``(8) Definitions.--For the purposes of this subsection:
``(A) The term `CDQ group' means a nonprofit or
for-profit corporation or other entity whose membership
is exclusively composed of one or more communities that
satisfy the criteria described in paragraph (3)(A)
through (E).
``(B) The term `community development plan' means a
plan that describes--
``(i) how a CDQ group intends to harvest
its requested share of the percentage of the
total allowable catch or guideline harvest
level of a directed Bering Sea fishery that the
Secretary has allocated to the western Alaska
community development quota program; and
``(ii) how the group intends to use the
harvest opportunity and the revenue derived
therefrom to assist communities that are
members of the group to achieve sustainable
long term local economic development.
``(C)(i) Subject to clause (ii), the term `CDQ
project' means a program or activity that is
administered or initiated by a CDQ group and that is
funded by revenue the CDQ group derives or accrues
during the duration of a community development plan
approved by the Secretary from harvesting the fishery
covered by the plan.
``(ii) Such term does not include a program or
activity administered or initiated by a subsidiary,
joint venture, partnership, or other entity in which a
CDQ group owns an equity interest, if the program or
activity is funded by the assets of the subsidiary,
joint venture, partnership, or other entity, rather
than by the assets of the CDQ group.
``(9) Regulations.--The Secretary may promulgate such
regulations as are reasonable and necessary to enable the
Secretary to implement this subsection.''.
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