-CITE-

16 USC CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH

PACIFIC FUR SEALS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

.

-HEAD-

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

-MISC1-

SUBCHAPTER I - FUR SEAL MANAGEMENT

Sec.

1151. Definitions.

1152. Prohibitions.

1153. Sealing permitted by Aleuts, Eskimos, and Indians.

1154. Scientific research on fur seal resources; use of fur seals

for educational, scientific, or exhibition purposes.

1155. Authority of Secretary of Commerce.

(a) Regulations with respect to taking of fur seals

on Pribilof Islands and on lands subject to

United States jurisdiction.

(b) Agreements with public and private entities.

(c) Taking of fur seals on Saint Paul and Saint

George Islands; preference; separate fund in

Treasury.

1156. Enforcement provisions.

(a) Search of vessels; certificate of identification;

exhibition to master.

(b) Seizure; arrest; notice; delivery of vessel or

person to authorized officials; custody.

(c) Testimony of enforcement agents.

1157. North Pacific Fur Seal Commission; appointment of United

States Commissioner, Deputy Commissioner, and Advisors; duties,

compensation, and travel expenses.

1158. Acceptance or rejection by Secretaries of State and Commerce

of Commission recommendations.

1159. Federal agency consultations with and technical assistance to

Secretary of Commerce or Commission; reimbursement for

assistance.

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

1161. Administration of fur seal rookeries and other Federal real

and personal property on Pribilof Islands.

1162. Authority of Secretary to operate, maintain, and repair

Government-owned property; necessary facilities, services, and

equipment for Federal employees and dependents.

1163. Responsibility of Alaska to meet educational needs of

Pribilof Islands citizens.

1164. Responsibility of Secretary of Health and Human Services to

provide medical and dental care to Pribilof Islands natives.

1165. Disposal of Federal property on Pribilof Islands.

(a) Submission to Congress of property transfer

document.

(b) Contents of property transfer document.

(c) Report to Congress on conveyed and retained

properties.

(d) Memorandum of Understanding.

(e) Taxation.

(f) Agreements with governmental agencies and third

parties.

1166. Financial assistance.

(a) Grant authority.

(b) Solid waste assistance.

(c) Authorization of appropriations.

(d) Limitation on use of assistance for lobbying

activities.

(e) Immunity from liability.

(f) Report on expenditures.

(g) Congressional intent.

1167. Leases, permits, agreements, and contracts with public or

private agencies or persons.

1168. Civil service retirement benefits.

(a) Credit for services performed by natives.

(b) Adjustment of annuities.

(c) Nonentitlement to lump-sum benefits.

(d) Reimbursement from Operations, Research, and

Facilities Account of National Oceanic and

Atmospheric Administration in Department of

Commerce.

1169. Regulations.

1169a. Annuities and survivor annuities; recomputation.

1169b. Use of local entities.

SUBCHAPTER III - ENFORCEMENT

1171. Seizure and forfeiture of vessels.

1172. Practice and procedure.

(a) Joint responsibility; designation by Secretary of

State officers and employees as Federal law

enforcement agents; non-Federal employees for

civil service purposes.

(b) Issuance of warrants and other process.

(c) Execution of warrants or other process by

enforcement agents.

(d) Arrests and searches by enforcement agents.

(e) Seizure of vessels and related articles.

(f) Seizure and disposition of fur seals.

1173. Regulations.

1174. Penalties.

1175. Authorization of appropriations.

1181 to 1187. Omitted.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1402, 3125 of this title;

title 25 section 3902.

-CITE-

16 USC SUBCHAPTER I - FUR SEAL MANAGEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

.

-HEAD-

SUBCHAPTER I - FUR SEAL MANAGEMENT

-CITE-

16 USC Sec. 1151 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1151. Definitions

-STATUTE-

(a) ''Commission'' means the North Pacific Fur Seal Commission

established pursuant to article V of the Convention.

(b) ''Convention'' means the Interim Convention on the

Conservation of North Pacific Fur Seals signed at Washington on

February 9, 1957, as amended by the protocol signed in Washington

on October 8, 1963; by the exchange of notes among the party

governments which became effective on September 3, 1969; by the

protocol signed in Washington on May 7, 1976; and by the protocol

signed in Washington on October 14, 1980, by the parties.

(c) ''Cure'' or ''curing'' means the performance of those

post-harvest activities traditionally performed on the Pribilof

Islands, including cooling, washing, removal of blubber, soaking in

brine, draining, treating with salt or boric acid, and packing in

containers for shipment of fur seal skins.

(d) ''Fur Seal'' means the North Pacific Fur Seal, Callorhinus

Ursinus.

(e) ''Import'' means to land on, bring into, or introduce into,

or attempt to land on, bring into, or introduce into, any place

subject to the jurisdiction of the United States, whether or not

such landing, bringing, or introduction constitutes an importation

within the meaning of the customs laws of the United States.

(f) ''Natives of the Pribilof Islands'' means any Aleuts who are

permanent residents of the Pribilof Islands, or any organization or

entity representing such natives.

(g) ''North Pacific Ocean'' means the waters of the Pacific Ocean

north of the thirtieth parallel of north latitude, including the

Bering, Okhotsk, and Japan Seas.

(h) ''Party'' or ''parties'' means the United States of America,

Canada, Japan, and Russia (except that as used in subsection (b) of

this section, ''party'' and ''parties'' refer to the Union of

Soviet Socialist Republics).

(i) ''Person'' means any individual, partnership, corporation,

trust, association or any other private entity, or any officer,

employee, agent, department, or instrumentality of the Federal

Government, of any State or political subdivision thereof, or of

any foreign government.

(j) ''Pribilof Islands'' means the islands of Saint Paul and

Saint George, Walrus and Otter Islands, and Sea Lion Rock.

(k) ''Sealing'' means the taking of fur seals.

(l) ''Secretary'' means the Secretary of Commerce.

(m) ''Take'' or ''taking'' means to harass, hunt, capture, or

kill, or attempt to harass, hunt, capture, or kill.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 101, Nov. 2, 1966, 80 Stat. 1091;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 835; Pub. L.

102-251, title III, Sec. 303, Mar. 9, 1992, 106 Stat. 65; Pub. L.

103-199, title VI, Sec. 602(1), Dec. 17, 1993, 107 Stat. 2327.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 303, 308, Mar. 9, 1992, 106

Stat. 65, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, this

section is amended by redesignating subsections (f) to (m) as (g)

to (n), respectively, and by inserting after subsection (e) the

following new subsection:

(f) ''Jurisdiction of the United States'' includes jurisdiction

over the areas referred to as eastern special areas in Article 3(1)

of the Agreement between the United States of America and the Union

of Soviet Socialist Republics on the Maritime Boundary, signed June

1, 1990; in particular, those areas east of the maritime boundary,

as defined in that Agreement, that lie within 200 nautical miles of

the baselines from which the breadth of the territorial sea of

Russia is measured but beyond 200 nautical miles of the baselines

from which the breadth of the territorial sea of the United States

is measured.

-MISC1-

AMENDMENTS

1993 - Subsec. (h). Pub. L. 103-199 substituted ''Russia (except

that as used in subsection (b) of this section, 'party' and

'parties' refer to the Union of Soviet Socialist Republics)'' for

''the Union of Soviet Socialist Republics''.

1983 - Pub. L. 98-129 amended section generally, substituting

provisions defining terms, previously defined in former sections

1159 and 1186 of this title, for provisions enumerating the

activities prohibited under this chapter. See section 1152 of this

title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-562, title I, Sec. 101, Dec. 23, 2000, 114 Stat.

2794, provided that: ''This title (enacting section 1169b of this

title, amending sections 1161, 1165, and 1166 of this title,

repealing section 1165 of this title, enacting provisions set out

as notes under this section and section 1161 of this title,

amending provisions set out as a note under section 1165 of this

title, and repealing provisions set out as a note under section

1165 of this title) may be referred to as the 'Pribilof Islands

Transition Act'.''

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(e)(1)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-244, provided that: ''This

subsection (enacting section 1169b of this title, amending sections

1161, 1165, and 1166 of this title, repealing section 1165 of this

title, enacting provisions set out as notes under this section and

section 1161 of this title, amending provisions set out as a note

under section 1165 of this title, and repealing provisions set out

as a note under section 1165 of this title) may be referred to as

the 'Pribilof Islands Transition Act'.''

SHORT TITLE OF 1983 AMENDMENT

Section 1 of Pub. L. 98-129 provided: ''That this Act (amending

this chapter generally, sections 8332 and 8334 of Title 5,

Government Organization and Employees, and section 450i of Title

25, Indians) may be cited as the 'Fur Seal Act Amendments of

1983'.''

SHORT TITLE

Pub. L. 89-702, Sec. 1, as added by Pub. L. 106-554, Sec. 1(a)(4)

(div. B, title I, Sec. 144(e)(6)(C)), Dec. 21, 2000, 114 Stat.

2763, 2763A-248, and Pub. L. 106-562, title I, Sec. 106(c), Dec.

23, 2000, 114 Stat. 2799, provided that: ''This Act (generally

enacting this chapter, for complete classification, see Tables) may

be cited as the 'Fur Seal Act of 1966'.''

-CITE-

16 USC Sec. 1152 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1152. Prohibitions

-STATUTE-

It is unlawful, except as provided in this chapter or by

regulation of the Secretary, for any person or vessel subject to

the jurisdiction of the United States to engage in the taking of

fur seals in the North Pacific Ocean or on lands or waters under

the jurisdiction of the United States, or to use any port or harbor

or other place under the jurisdiction of the United States for any

purpose connected in any way with such taking, or for any person to

transport, import, offer for sale, or possess at any port or place

or on any vessel, subject to the jurisdiction of the United States,

fur seals or the parts thereof, including, but not limited to, raw,

dressed, or dyed fur seal skins, taken contrary to the provisions

of this chapter or the Convention, or for any person subject to the

jurisdiction of the United States to refuse to permit, except

within the Exclusive Economic Zone of the United States, a duly

authorized official of Canada, Japan, or Russia to board and search

any vessel which is outfitted for the harvesting of living marine

resources and which is subject to the jurisdiction of the United

States to determine whether such vessel is engaged in sealing

contrary to the provisions of said Convention.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 102, Nov. 2, 1966, 80 Stat. 1091;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 836; Pub. L.

103-199, title VI, Sec. 602(2), Dec. 17, 1993, 107 Stat. 2327.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-199 substituted ''Russia'' for ''the Union of

Soviet Socialist Republics''.

1983 - Pub. L. 98-129 amended section generally, substituting

provisions enumerating the activities prohibited under this

chapter, which were previously contained in section 1151 of this

title, for provisions authorizing sealing by Aleuts, Eskimos, and

Indians. See section 1153 of this title.

-CITE-

16 USC Sec. 1153 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1153. Sealing permitted by Aleuts, Eskimos, and Indians

-STATUTE-

(a) Indians, Aleuts, and Eskimos who dwell on the coasts of the

North Pacific Ocean are permitted to take fur seals and dispose of

their skins after the skins have been officially marked and

certified by a person authorized by the Secretary: Provided, That

the seals are taken for subsistence uses as defined in section

1379(f)(2) of this title, and only in canoes not transported by or

used in connection with other vessels, and propelled entirely by

oars, paddles, or sails, and manned by not more than five persons

each, in the way hitherto practiced and without the use of

firearms. This authority shall not apply to Indians, Aleuts, and

Eskimos while they are employed by any person for the purpose of

taking fur seals or are under contract to deliver the skins to any

person.

(b) Indians, Aleuts, and Eskimos who live on the Pribilof Islands

are authorized to take fur seals for subsistence purposes as

defined in section 1379(f)(2) of this title, under such conditions

as recommended by the Commission and accepted by the Secretary of

State pursuant to regulations promulgated by the Secretary.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 103, Nov. 2, 1966, 80 Stat. 1091;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 836.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions authorizing sealing by Aleuts, Eskimos, and Indians,

which were previously contained in section 1152 of this title, for

provisions authorizing scientific research on fur seal resources.

See section 1154 of this title.

-CITE-

16 USC Sec. 1154 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1154. Scientific research on fur seal resources; use of fur

seals for educational, scientific, or exhibition purposes

-STATUTE-

The Secretary shall (1) conduct such scientific research and

investigations on the fur seal resources of the North Pacific Ocean

as he deems necessary to carry out the obligations of the United

States under the Convention, and (2) permit, subject to such terms

and conditions as he deems desirable, the taking, transportation,

importation, exportation, or possession of fur seals or their parts

for educational, scientific, or exhibition purposes.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 104, Nov. 2, 1966, 80 Stat. 1091;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 836.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions authorizing scientific research on fur seal resources,

which were previously contained in section 1153 of this title, for

provisions delineating the authority of the Secretary of Commerce.

See section 1155 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1175 of this title.

-CITE-

16 USC Sec. 1155 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1155. Authority of Secretary of Commerce

-STATUTE-

(a) Regulations with respect to taking of fur seals on Pribilof

Islands and on lands subject to United States jurisdiction

The Secretary shall prescribe such regulations with respect to

the taking of fur seals on the Pribilof Islands and on lands

subject to the jurisdiction of the United States as he deems

necessary and appropriate for the conservation, management, and

protection of the fur seal population, and to dispose of any fur

seals seized or forfeited pursuant to this chapter, and to carry

out the provisions of the Convention, and shall deliver to

authorized agents of the parties such fur seal skins as the parties

are entitled to under the Convention.

(b) Agreements with public and private entities

The Secretary is authorized to enter into agreements with any

public or private agency or person for the purpose of carrying out

the provisions of the Convention and of this subchapter, including

but not limited to the taking of fur seals on the Pribilof Islands,

and the curing and marketing of the sealskins and other seal parts,

and may retain the proceeds therefrom.

(c) Taking of fur seals on Saint Paul and Saint George Islands;

preference; separate fund in Treasury

The Secretary shall give preference to the village corporations

of Saint Paul and Saint George Islands established pursuant to

section 1607 of title 43 for the taking of fur seals on the village

corporations' respective islands, and the curing and marketing of

the sealskins and other seal parts, and may retain the proceeds

therefrom. Any proceeds therefrom will be deposited in a separate

fund in the Treasury and will be available to the Secretary,

subject to appropriations, for the purpose of this section. All

seal harvests will be financed, to the extent possible, from

proceeds collected in preceding years or unsold assets retained

from harvests conducted in preceding years. In the event that such

assets and proceeds are insufficient, as determined by the

Secretary, to finance the seal harvest in accordance with the

requirements of the Convention, there are authorized to be

appropriated to the Secretary for fiscal year 1984, and for fiscal

year 1985 and beyond if the Convention is extended by protocol

signed by the parties and made effective as to the United States,

such sums as may be necessary to carry out the harvest and curing

on the Pribilof Islands. Such amounts as are determined by the

Secretary to exceed amounts required to carry out this section

shall be transferred to the General Fund of the Treasury.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 105, Nov. 2, 1966, 80 Stat. 1092;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 836.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions delineating the authority of the Secretary of Commerce,

which were previously contained in sections 1154 and 1185 of this

title, for provisions which had set out enforcement steps. See

section 1156 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1172 of this title.

-CITE-

16 USC Sec. 1156 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1156. Enforcement provisions

-STATUTE-

(a) Search of vessels; certificate of identification; exhibition to

master

Any person authorized to enforce the provisions of this chapter

who has reasonable cause to believe that any vessel outfitted for

the harvesting of living marine resources and subject to the

jurisdiction of any of the parties to the Convention is violating

the provisions of article III of the Convention may, except within

the areas in which another State exercises fisheries jurisdiction,

board and search such vessel. Such person shall carry a special

certificate of identification issued by the Secretary or Secretary

of the department in which the Coast Guard is operating which shall

be in English, Japanese, and Russian and which shall be exhibited

to the master of the vessel upon request.

(b) Seizure; arrest; notice; delivery of vessel or person to

authorized officials; custody

If, after boarding and searching such vessel, such person

continues to have reasonable cause to believe that such vessel, or

any person onboard, is violating said article, he may seize such

vessel or arrest such person, or both. The Secretary of State

shall, as soon as practicable, notify the party having jurisdiction

over the vessel or person of such seizure or arrest.

The Secretary or the Secretary of the department in which the

Coast Guard is operating, upon request of the Secretary of State,

shall deliver the seized vessel or arrested person, or both, as

promptly as practicable to the authorized officials of said party:

Provided, That whenever said party cannot immediately accept such

delivery, the Secretary or the Secretary of the department in which

the Coast Guard is operating may, upon the request of the Secretary

of State, keep the vessel or person in custody within the United

States.

(c) Testimony of enforcement agents

At the request of said party, the Secretary or the Secretary of

the department in which the Coast Guard is operating, shall direct

the person authorized to enforce the provisions of this chapter to

attend the trial as a witness in any case arising under said

article or give testimony by deposition, and shall produce such

records and files or copies thereof as may be necessary to

establish the offense.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 106, Nov. 2, 1966, 80 Stat. 1092;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 837.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions setting out enforcement steps, which were previously

contained in section 1155 of this title, for provisions

establishing the North Pacific Fur Seal Commission. See section

1157 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC Sec. 1157 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1157. North Pacific Fur Seal Commission; appointment of United

States Commissioner, Deputy Commissioner, and Advisors; duties,

compensation, and travel expenses

-STATUTE-

The President shall appoint to the Commission a United States

Commissioner who shall serve at the pleasure of the President. The

President may appoint one Native from each of the two inhabited

Pribilof Islands to serve as Advisors to the Commissioner and as

liaisons between the Commissioner and the Natives of the Pribilof

Islands. The President may also appoint other interested parties as

Advisors to the Commissioner. Such Advisors shall serve at the

pleasure of the President. The President may also appoint a Deputy

United States Commissioner who shall serve at the pleasure of the

President. The Deputy Commissioner shall be the principal adviser

of the Commissioner, and shall perform the duties of the

Commissioner in the case of his death, resignation, absence, or

illness. The Commissioner, the Deputy Commissioner, and the

Advisors shall receive no compensation for their services. The

Commissioners may be paid traval (FOOTNOTE 1) expenses and per diem

in lieu of subsistence at the rates authorized by section 5703 of

title 5 when engaged in the performance of their duties.

(FOOTNOTE 1) So in original. Probably should be ''travel''.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 107, Nov. 2, 1966, 80 Stat. 1093;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 838.)

-COD-

CODIFICATION

''Section 5703 of title 5'' substituted in text for ''section 5

of the Administrative Expense Act of 1946'' on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions establishing the North Pacific Fur Seal Commission,

which were previously contained in section 1156 of this title, for

provisions empowering the Secretaries of State and Commerce to

accept or reject recommendations made by the Commission. See

section 1158 of this title.

ALTERNATE UNITED STATES COMMISSIONERS

Secretary of State authorized to designate Alternate United

States Commissioners, see sections 2672a and 2672b of Title 22,

Foreign Relations and Intercourse.

-CITE-

16 USC Sec. 1158 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1158. Acceptance or rejection by Secretaries of State and

Commerce of Commission recommendations

-STATUTE-

The Secretary of State, with the concurrence of the Secretary, is

authorized to accept or reject, on behalf of the United States,

recommendations made by the Commission pursuant to article V of the

Convention.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 108, Nov. 2, 1966, 80 Stat. 1093;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 838.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions empowering the Secretaries of State and Commerce to

accept or reject recommendations made by the Commission, which were

previously contained in section 1157 of this title, for provisions

authorizing Federal agency consultation with and technical

assistance to the Secretary of Commerce or the Commission. See

section 1159 of this title.

-CITE-

16 USC Sec. 1159 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER I - FUR SEAL MANAGEMENT

-HEAD-

Sec. 1159. Federal agency consultations with and technical

assistance to Secretary of Commerce or Commission;

reimbursement for assistance

-STATUTE-

The head of any Federal agency is authorized to consult with and

provide technical assistance to the Secretary or the Commission

whenever such assistance is needed and reasonably can be furnished

in carrying out the provisions of this subchapter. Any Federal

agency furnishing assistance hereunder may expend its own funds for

such purposes, with or without reimbursement.

-SOURCE-

(Pub. L. 89-702, title I, Sec. 109, Nov. 2, 1966, 80 Stat. 1093;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 838.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions authorizing Federal agency consultation with and

technical assistance to the Secretary or the Commission, which were

previously contained in section 1158 of this title, for provisions

defining terms. See section 1151 of this title.

-CITE-

16 USC SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

.

-HEAD-

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-CITE-

16 USC Sec. 1161 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1161. Administration of fur seal rookeries and other Federal

real and personal property on Pribilof Islands

-STATUTE-

The Secretary shall administer the fur seal rookeries and other

Federal real and personal property on the Pribilof Islands, with

the exception of lands purchased by the U.S. Fish and Wildlife

Service under section 1417 of the Alaska National Interest Lands

Conservation Act (Public Law 96-487) or acquired or purchased by

any other authority after October 14, 1983, and, in consultation

with the Secretary of the Interior, shall ensure that activities on

such property are consistent with the purposes of conserving,

managing, and protecting the North Pacific fur seals and other

wildlife and for other purposes consistent with that primary

purpose.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 201, Nov. 2, 1966, 80 Stat. 1093;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 838; Pub. L.

106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(e)(6)(B)), Dec.

21, 2000, 114 Stat. 2763, 2763A-248; Pub. L. 106-562, title I, Sec.

106(b), Dec. 23, 2000, 114 Stat. 2799.)

-REFTEXT-

REFERENCES IN TEXT

Section 1417 of the Alaska National Interest Lands Conservation

Act, referred to in text, is Pub. L. 96-487, title XIV, Sec. 1417,

Dec. 2, 1980, 94 Stat. 2500, which is not classified to the Code.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-554 and Pub. L. 106-562 amended text

identically, substituting ''on such property'' for ''on such

Islands''.

1983 - Pub. L. 98-129 substituted provisions enumerating the

steps to be followed by the Secretary of Commerce in administering

the fur seal rookeries and the Federal real and personal property

on the Pribilof Islands for provisions which had provided that:

''The Pribilof Islands shall continue to be administered as a

special reservation by the Secretary of Commerce for the purposes

of conserving, managing, and protecting the North Pacific fur seals

and other wildlife, and for other purposes.''

PURPOSE

Pub. L. 106-562, title I, Sec. 102, Dec. 23, 2000, 114 Stat.

2794, provided that: ''The purpose of this title (see Short Title

of 2000 Amendments note set out under section 1151 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.''

Substantially identical provisions were contained in Pub. L.

106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(e)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-244.

TERMINATION OF RESPONSIBILITIES

Pub. L. 106-562, title I, Sec. 105, Dec. 23, 2000, 114 Stat.

2796, provided that:

''(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 (Dec. 23, 2000); 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 (see Short

Title of 2000 Amendments note set out under section 1151 of 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. - (Amended section 3(c)(1) of Pub.

L. 104-91, set out as a note under section 1165 of this title.)

''(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 (16 U.S.C. 1166(c)(1)), 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

Tanadgusix Corporation, the St. George Tanaq Corporation, and the

city governments and tribal councils of St. Paul and St. George,

Alaska.''

Substantially similar provisions were contained in Pub. L.

106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(e)(5)), Dec. 21,

2000, 114 Stat. 2763, 2763A-246.

-CITE-

16 USC Sec. 1162 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1162. Authority of Secretary to operate, maintain, and repair

Government-owned property; necessary facilities, services, and

equipment for Federal employees and dependents

-STATUTE-

In carrying out the provisions of this subchapter, the Secretary

is authorized -

(1) to operate, maintain, and repair such Government-owned

property, both real and personal, and other facilities held by

the Secretary on the Pribilof Islands as may be necessary; and

(2) to provide the employees of the Department of Commerce and

other Federal agencies and their dependents, at reasonable rates

to be determined by the Secretary, with such facilities,

services, and equipment as he deems necessary, including, but not

limited to, food, fuel, shelter, and transportation.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 202, Nov. 2, 1966, 80 Stat. 1093;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 838.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 substituted provisions authorizing the

Secretary to operate, maintain, and repair such Government-owned

property, both real and personal, and other facilities held by the

Secretary on the Pribilof Islands as may be necessary, and to

provide the employees of the Department of Commerce and other

Federal agencies and their dependents, at reasonable rates to be

determined by the Secretary, with such facilities, services, and

equipment as he deems necessary, including, but not limited to,

food, fuel, shelter, and transportation, for provisions authorizing

the Secretary to enter into contracts or agreements or leases with,

or to issue permits to, public or private agencies or persons,

including the natives of the Pribilof Islands, in accordance with

such terms and conditions as he deemed desirable for the use of any

Government-owned real or personal property located on the islands,

for the furnishing of accommodations for tourists and other

visitors, for educational, recreational, residential, or commercial

purposes, for the operation, maintenance, and repair of

Government-owned facilities and utilities, for the transportation

and storage of food and other supplies, and for such other purposes

as the Secretary deemed desirable.

-CITE-

16 USC Sec. 1163 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1163. Responsibility of Alaska to meet educational needs of

Pribilof Islands citizens

-STATUTE-

The State of Alaska will be responsible for meeting the

educational needs of the citizens of the Pribilof Islands.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 203, Nov. 2, 1966, 80 Stat. 1093;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 838.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 substituted provisions directing that the

State of Alaska be responsible for meeting the educational needs of

the citizens of the Pribilof Islands for provisions which had

authorized the Secretary (1) to provide, with or without

reimbursement, the natives of the Pribilof Islands with such

facilities, services, and equipment as he deemed necessary,

including, but not limited to food, fuel, shelter, transportation,

and education, (2) to provide the employees of the Department of

Commerce and other Federal agencies and their dependents, and

tourists and other persons, at reasonable rates to be determined by

the Secretary, with such facilities, services, and equipment as he

deemed necessary, including, but not limited to, food, fuel,

shelter, transportation, and education, (3) to purchase, transport,

store, and distribute such supplies and equipment to carry out the

provisions of this section as the Secretary deemed necessary, and

(4) to purchase, construct, operate, and maintain the facilities

necessary to carry out the provisions of this section.

-CITE-

16 USC Sec. 1164 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1164. Responsibility of Secretary of Health and Human Services

to provide medical and dental care to Pribilof Islands natives

-STATUTE-

The Secretary of Health and Human Services shall provide medical

and dental care to the Natives of the Pribilof Islands with or

without reimbursement, as provided by other law. He is authorized

to provide such care to Federal employees and their dependents and

tourists and other persons in the Pribilof Islands at reasonable

rates to be determined by him. He may purchase, lease, construct,

operate, and maintain such facilities, supplies, and equipment as

he deems necessary to carry out the provisions of this section; and

the costs of such items, including medical and dental care, shall

be charged to the budget of the Secretary of Health and Human

Services. Nothing in this chapter shall be construed as superseding

or limiting the authority and responsibility of the Secretary of

Health and Human Services under the Act of August 5, 1954, as

amended (42 U.S.C. 2001 et seq.), or any other law with respect to

medical and dental care of natives or other persons in the Pribilof

Islands.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 204, Nov. 2, 1966, 80 Stat. 1094;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 839.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 5, 1954, as amended, referred to in text, is act

Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is

classified generally to subchapter I (Sec. 2001 et seq.) of chapter

22 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

1983 - Pub. L. 98-129 substituted provisions formerly set out in

section 1165 of this title relating to medical and dental care of

the natives of the Pribilof Islands for provisions which had

authorized the Secretary to enter into an agreement with the

Governor of the State of Alaska pursuant to which the State assumed

full responsibility for furnishing education to the natives of the

Pribilof Islands and also to enter into agreements with said

Governor pursuant to which the State furnished to such natives

adequate food, shelter, transportation, and such other facilities,

services, and equipment as the Secretary deemed necessary, with the

State of Alaska, in assuming such responsibility, to meet the

educational needs of the said natives in the same manner as the

State met the educational needs of all of its citizens, including

the furnishing of necessary facilities therefor.

-CITE-

16 USC Sec. 1165 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1165. Disposal of Federal property on Pribilof Islands

-STATUTE-

(a) Submission to Congress of property transfer document

Any provision of law relating to the transfer and disposal of

Federal property to the contrary notwithstanding, the Secretary,

after consultation with the Secretary of the department in which

the Coast Guard is operating, is authorized to bargain, grant, sell

or otherwise convey, on such terms as he deems to be in the best

interests of the United States and in furtherance of the purposes

of this chapter, any and all right, title, and interest of the

United States in and to the property, both real and personal, held

by the Secretary on the Pribilof Islands: Provided, That such

property is specified in a document entitled ''Transfer of Property

on the Pribilof Islands: Descriptions, Terms and Conditions,''

which is submitted to the Congress on or before October 31, 1983.

(b) Contents of property transfer document

The property transfer document described in subsection (a) of

this section shall include, but need not be limited to -

(1) a description of each conveyance;

(2) the terms to be imposed on each conveyance;

(3) designation of the recipient of each conveyance;

(4) a statement noting acceptance of each conveyance, including

the terms, if any, under which it is accepted; and

(5) an identification of all Federal property to be retained by

the Federal Government on the Pribilof Islands to meet its

responsibilities as described in this chapter and under the

Convention.

(c) Report to Congress on conveyed and retained properties

Not later than 3 months after December 23, 2000, 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) of this section that has been

conveyed under that subsection;

(2) a description of all Federal property specified in the

document referred to in subsection (a) of this section 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 chapter, the Convention, and any

other applicable law.

(d) Memorandum of Understanding

A Memorandum of Understanding shall be entered into by the

Secretary, a representative of the local governmental authority on

each Island, the trustee or trustees, and the appropriate officer

of the State of Alaska setting forth the respective

responsibilities of the Federal Government, the Trust, and the

State regarding -

(1) application of Federal retirement benefits, severance pay,

and insurance benefits with respect to Natives of the Pribilof

Islands;

(2) funding to be allocated by the State of Alaska for the

construction of boat harbors on St. Paul and St. George Islands;

(3) assumption of the State of Alaska of traditional State

responsibilities for facilities and services on such islands in

accordance with applicable laws and regulations;

(4) preservation of wildlife resources within the Secretary's

jurisdiction;

(5) continued activities relating to the implementation of the

Convention;

(6) oversight of the operation of the Trust established by

section 1166(a) (FOOTNOTE 1) of this title to further progress

toward creation of a stable, diversified, and enduring economy

not dependent up commercial fur sealing;

(FOOTNOTE 1) See References in Text note below.

(7) the cooperation of government agencies, rendered through

existing programs, in assisting with an orderly transition from

Federal management and the creation of a private enterprise

economy on the Pribilof Islands as described in this chapter; and

(8) such other matters as may be necessary and appropriate for

carrying out the purposes of the chapter, including the

assumption of responsibilities to ensure an orderly transition

from Federal management of the Pribilof Islands.

The Memorandum shall be submitted to Congress on or before October

31, 1983.

(e) Taxation

The grant, sale, transfer or conveyance of any real or personal

property pursuant to this section shall not be subject to any form

of Federal, State or local taxation. The basis for computing gain

or loss on subsequent sale or disposition of such real or personal

property for purposes of any Federal, State or local tax imposed

on, or measured by revenue shall be the fair market value of such

real or personal property at the time of receipt.

(f) Agreements with governmental agencies and third parties

In carrying out the purposes of this chapter, the Secretary is

authorized to enter into agreements, including but not limited to

land exchange agreements with other Departments and Agencies of

both the State and Federal Governments, and with third parties,

notwithstanding any provision of law relating to the transfer and

disposal of Federal property to the contrary; except that the

authority of the Secretary of the Interior regarding exchanges

involving lands in the National Wildlife Refuge System on October

14, 1983, is not affected by this section.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 205, Nov. 2, 1966, 80 Stat. 1094;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 839; Pub. L.

106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(e)(4)), Dec. 21,

2000, 114 Stat. 2763, 2763A-245; Pub. L. 106-562, title I, Sec.

104, Dec. 23, 2000, 114 Stat. 2796.)

-STATAMEND-

REPEAL OF SECTION

Pub. L. 106-562, title I, Sec. 105(c), Dec. 23, 2000, 114 Stat.

2798, provided that, effective on the date on which the Secretary

of Commerce makes the certification described in Pub. L. 106-562,

Sec. 105(b)(2), set out in a Termination of Responsibilities note

under section 1161 of this title, this section is repealed.

Substantially identical provisions repealing this section were

contained in Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec.

144(e)(5)(C)), Dec. 21, 2000, 114 Stat. 2763, 2763A-247.

-REFTEXT-

REFERENCES IN TEXT

December 23, 2000, referred to in subsec. (c), was in the

original ''the date of the enactment of the Pribilof Islands

Transition Act'' which was translated as referring to the date of

enactment of title I of Pub. L. 106-562. Section 1(a)(4) (div. B,

title I, Sec. 144(e)) of Pub. L. 106-554, which was approved Dec.

21, 2000, is also known as the ''Pribilof Islands Transition Act''.

See Short Title of 2000 Amendments notes under section 1151 of this

title.

Section 1166(a) of this title, referred to in subsec. (d)(6), was

amended generally by Pub. L. 106-554 and Pub. L. 106-562, and, as

so amended, no longer contains provisions relating to establishment

of a Trust.

-MISC2-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-554, Sec. 1(a)(4) (div. B, title

I, Sec. 144(e)(4)(A)), and Pub. L. 106-562, Sec. 104(1), generally

amended subsec. (c) identically, substituting present provisions

for provisions which read as follows: ''Within 60 days of the

transfer of real or personal property specified in the document

described in subsection (a) of this section, the Committee on

Merchant Marine and Fisheries of the House of Representatives and

the Committee on Commerce, Science, and Transportation of the

Senate shall be given a report prepared by the Secretary stating

the fair market value at the time of the transfer of all real and

personal property conveyed.''

Subsec. (g). Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec.

144(e)(4)(B)), and Pub. L. 106-562, Sec. 104(2), struck out subsec.

(g) which read as follows: ''The Secretary shall submit to Congress

a report, no later than October 1, 1983, providing information on

the status of the negotiations for concluding the documents

described in subsections (a) and (d) of this section.''

1983 - Pub. L. 98-129 amended section generally, substituting

provisions relating to the disposal of Federal property on the

Pribilof Islands for provisions relating to the medical and dental

care of Pribilof Islands natives. See section 1164 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

PRIBILOF ISLANDS ENVIRONMENTAL CLEANUP

Pub. L. 104-91, Sec. 3, Jan. 6, 1996, 110 Stat. 8, as amended by

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec.

144(e)(5)(A)(iv), (6)(A), (7)), Dec. 21, 2000, 114 Stat. 2763,

2763A-246, 2763A-248; Pub. L. 106-562, title I, Sec. 105(a)(4),

106(a), 107, Dec. 23, 2000, 114 Stat. 2797, 2799, provided that:

''(a) In General. - The Secretary of Commerce shall, subject to

the availability of appropriations provided for the purposes of

this section, clean up landfills, wastes, dumps, debris, storage

tanks, property, hazardous or unsafe conditions, and contaminants,

including petroleum products and their derivatives, left by the

National Oceanic and Atmospheric Administration on lands which it

and its predecessor agencies abandoned, quitclaimed, or otherwise

transferred or are obligated to transfer, to local entities or

residents on the Pribilof Islands, Alaska, pursuant to the Fur Seal

Act of 1966 (16 U.S.C. 1151 et seq.), as amended, or other

applicable law.

''(b) Obligations of Secretary. - In carrying out cleanup

activities under subsection (a), the Secretary of Commerce shall -

''(1) to the maximum extent practicable, execute agreements

with the State of Alaska, and affected local governments,

entities, and residents eligible to receive conveyance of lands

under the Fur Seal Act of 1966 (16 U.S.C. 1161 et seq.) (16

U.S.C. 1151 et seq.) or other applicable law;

''(2) manage such activities with the minimum possible

overhead, delay, and duplication of State and local planning and

design work;

''(3) receive approval from the State of Alaska for agreements

described in paragraph (1) where such activities are required by

State law;

''(4) receive approval from affected local entities or

residents before conducting such activities on their property;

and

''(5) not seek or require financial contributions by or from

local entities or landowners.

''(c) Resolution of Federal Responsibilities. - (1) Within 9

months after the date of enactment of this section (Jan. 6, 1996),

and after consultation with the Secretary of the Interior, the

State of Alaska, and local entities and residents of the Pribilof

Islands, the Secretary of Commerce 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

proposing necessary actions by the Secretary of Commerce and

Congress to resolve all claims with respect to, and permit the

final implementation, fulfillment and completion of -

''(A) the land conveyance entitlements of local entities and

residents of the Pribilof Islands under the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.);

''(B) the provisions of this section; and

''(C) any other matters which the Secretary deems appropriate.

''(2) The report required under paragraph (1) shall include the

estimated costs of all actions, and shall contain the statements of

the Secretary of Commerce, the Secretary of the Interior, any

statement submitted by the State of Alaska, and any statements of

claims or recommendations submitted by local entities and residents

of the Pribilof Islands.

''((d) Redesignated as section 212 of Pub. L. 89-702, and

transferred to section 1169b of this title.)

''(e) Definition. - For the purposes of this section, the term

'clean up' means the planning and execution of remediation actions

for lands described in subsection (a) and the redevelopment of

landfills to meet statutory requirements.

''(f) Authorization of Appropriations. -

''(1) In general. - There are authorized to be appropriated

$10,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and

2005 for the purposes of carrying out this section.

''(2) Limitation. - None of the funds authorized by this

subsection may be expended for the purpose of cleaning up or

remediating any landfills, wastes, dumps, debris, storage tanks,

property, hazardous or unsafe conditions, or contaminants,

including petroleum products and their derivatives, left by the

Department of Defense or any of its components on lands on the

Pribilof Islands, Alaska.

''(g) Low-Interest Loan Program. -

''(1) Capitalization of revolving fund. - Of amounts authorized

under subsection (f) for each of fiscal years 2001, 2002, 2003,

2004, and 2005, the Secretary may provide to the State of Alaska

up to $2,000,000 per fiscal year to capitalize a revolving fund

to be used by the State for loans under this subsection.

''(2) Low-interest loans. - The Secretary shall require that

any revolving fund established with amounts provided under this

subsection shall be used only to provide low-interest loans to

Natives of the Pribilof Islands to assess, respond to, remediate,

and monitor contamination from lead paint, asbestos, and

petroleum from underground storage tanks.

''(3) Natives of the pribilof islands defined. - The

definitions set forth in section 101 of the Fur Seal Act of 1966

(16 U.S.C. 1151) shall apply to this section, except that the

term 'Natives of the Pribilof Islands' includes the Tanadgusix

and Tanaq Corporations.

''(4) Reversion of funds. - Before the Secretary may provide

any funds to the State of Alaska under this section, the State of

Alaska and the Secretary must agree in writing that, on the last

day of fiscal year 2011, and of each fiscal year thereafter until

the full amount provided to the State of Alaska by the Secretary

under this section has been repaid to the United States, the

State of Alaska shall transfer to the Treasury of the United

States monies remaining in the revolving fund, including

principal and interest paid into the revolving fund as repayment

of loans.''

(Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec.

144(e)(5)(A)(iv), (6)(A), (7)), and Pub. L. 106-562, Sec.

105(a)(4), 106(a), 107, made substantially identical amendments to

section 3 of Pub. L. 104-91, set out above. The text of subsecs.

(f) and (g) of section 3 is based on amendments by Pub. L.

106-562.)

(Pub. L. 106-562, title I, Sec. 105(c), Dec. 23, 2000, 114 Stat.

2798, provided that, effective on the date on which the Secretary

of Commerce makes the certification described in Pub. L. 106-562,

Sec. 105(b)(2), set out in a Termination of Responsibilities note

under section 1161 of this title, section 3 of Pub. L. 104-91, set

out above, is repealed. Pub. L. 106-554, Sec. 1(a)(4) (div. B,

title I, Sec. 144(e)(5)(C)), Dec. 21, 2000, 114 Stat. 2763,

2763A-247, enacted a provision substantially identical to Pub. L.

106-562, Sec. 105(c).)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1175 of this title.

-CITE-

16 USC Sec. 1166 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1166. Financial assistance

-STATUTE-

(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 chapter -

(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. 458aa

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) of this section are

appropriated, such funds shall be distributed under this

subsection on a pro rata basis among the entities referred to in

subsection (c)(1) of this section 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 1263a of

title 33, 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 December 23, 2000,

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) of this section 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) of this section, 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 chapter 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) of this section; 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) of this section are complete and operational.

(f) Report on expenditures

Each entity which receives assistance authorized under subsection

(c) of this section 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) of this section 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.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 206, Nov. 2, 1966, 80 Stat. 1094;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 840; Pub. L.

100-711, Sec. 9, Nov. 23, 1988, 102 Stat. 4772; Pub. L. 101-512,

title I, Nov. 5, 1990, 104 Stat. 1931; Pub. L. 106-554, Sec.

1(a)(4) (div. B, title I, Sec. 144(e)(3)), Dec. 21, 2000, 114 Stat.

2763, 2763A-244; Pub. L. 106-562, title I, Sec. 103, Dec. 23, 2000,

114 Stat. 2794.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a)(4), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended. Title IV of the Act is classified

generally to part D (Sec. 458aa et seq.) of subchapter II of

chapter 14 of Title 25, Indians. For complete classification of

this Act to the Code, see Short Title note set out under section

450 of Title 25 and Tables.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-562 amended section generally, inserting

section catchline and subsec. and par. headings and reenacting

substantially identical text.

Pub. L. 106-554 amended section generally. Prior to amendment,

section consisted of subsecs. (a) to (h) containing provisions

establishing the Pribilof Islands Trust for the benefit of natives

of the Pribilof Islands and relating to the Trust's administration,

funding, distributions, trust instrument, taxation, interest and

proceeds, appropriations, and annual report to Congress.

1990 - Subsec. (e)(3). Pub. L. 101-512 added par. (3).

1988 - Subsec. (e)(1). Pub. L. 100-711 authorized appropriations

for fiscal years 1989 and 1990 to fund the Saint Paul Island Trust,

and authorized appropriations for fiscal year 1990 to fund the

Saint George Trust.

1983 - Pub. L. 98-129 amended section generally, substituting

provisions for the creation and functioning of a Pribilof Islands

Trust for provisions which authorized the Secretary to set apart

land on Saint Paul Island for a townsite and to aid in the

development of a municipal government therefor.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1165 of this title.

-CITE-

16 USC Sec. 1167 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1167. Leases, permits, agreements, and contracts with public

or private agencies or persons

-STATUTE-

The Secretary is authorized to enter into agreements or contracts

or leases with, or to issue permits to, any public or private

agency or person for carrying out the provisions of the Convention

or this chapter.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 207, Nov. 2, 1966, 80 Stat. 1095;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 842.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions authorizing the Secretary to enter into agreements or

contracts or leases with, or to issue permits to, any public or

private agency or person for carrying out the provisions of the

Convention or this chapter for provisions which had set a fine of

not more than $500 or imprisonment for not more than six months, or

both, for violating regulations of the Secretary relating to the

use and management of the Pribilof Islands or the protection or

conservation of fur seals, wildlife, or other natural resources.

-CITE-

16 USC Sec. 1168 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1168. Civil service retirement benefits

-STATUTE-

(a) Credit for services performed by natives

Service by natives of the Pribilof Islands engaged in the taking

and curing of fur seal skins and other activities in connection

with the administration of such islands prior to January 1, 1950,

as determined by the Secretary based on records available to him,

shall be considered for purposes of credit under subchapter III of

chapter 83 of title 5 as civilian service performed by an employee,

as defined in said subchapter.

(b) Adjustment of annuities

The annuity of any person or the annuity of the survivor of any

person who shall have performed service described in subsection (a)

of this section, and who, prior to November 2, 1966, died or shall

have been retired on annuity payable from the civil service

retirement and disability fund, shall, upon application filed by

the annuitant within one year after November 2, 1966, be adjusted,

effective as of the first day of the month immediately following

November 2, 1966, so that the amount of the annuity shall be the

same as if such subsection had been in effect at the time of such

person's retirement or death.

(c) Nonentitlement to lump-sum benefits

In no case shall credit for the service described in subsection

(a) of this section entitle a person to the benefits of section

8342(h) of title 5.

(d) Reimbursement from Operations, Research, and Facilities Account

of National Oceanic and Atmospheric Administration in

Department of Commerce

Notwithstanding any other provisions of this chapter or any other

law, benefits under subchapter III of chapter 83 of title 5 made

available by reason of the provisions of this section shall be paid

from the civil service retirement and disability fund subject to

reimbursement to such fund from the Operations, Research, and

Facilities Account of the National Oceanic and Atmospheric

Administration in the Department of Commerce, for the purpose of

compensating said retirement fund for the cost, as determined by

the Director of the Office of Personnel Management during each

fiscal year, of benefits provided by this section.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 208, Nov. 2, 1966, 80 Stat. 1096;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R.

36037, 92 Stat. 3784; Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97

Stat. 842.)

-COD-

CODIFICATION

''Subchapter III of chapter 83 of title 5'' substituted for ''the

Civil Service Retirement Act, as amended'' in subsec. (a) and for

''the Civil Service Retirement Act'' in subsec. (d), and ''section

8342(h) of title 5'' substituted for ''section 11(h) of the Civil

Service Retirement Act'' in subsec. (c) on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1983 - Subsecs. (a) to (c). Pub. L. 98-129 reenacted subsecs. (a)

to (c) without change.

Subsec. (d). Pub. L. 98-129 reenacted subsec. (d) without change

other than the substitution of ''subject to reimbursement to such

fund from the Operations, Research, and Facilities Account of the

National Oceanic and Atmospheric Administration in the Department

of Commerce, for the purpose of compensating said retirement fund

for the cost, as determined by the Civil Service Commission during

each fiscal year, of benefits provided by this section'' for

''subject to reimbursement to such fund from the gross receipts of

the Pribilof Islands fund, established in section 1187 of this

title, for the purpose of compensating said retirement fund for the

cost, as determined by the Civil Service Commission during each

fiscal year, of benefits provided by this section. This

reimbursement to the civil service retirement fund shall be

considered a cost of administering the fur seal program''.

-TRANS-

TRANSFER OF FUNCTIONS

''Director of the Office of Personnel Management'' substituted

for ''Civil Service Commission'' in subsec. (d) pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in Civil

Service Commission to Director of Office of Personnel Management

(except as otherwise specified), effective Jan. 1, 1979, as

provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44

F.R. 1055, set out under section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1175 of this title.

-CITE-

16 USC Sec. 1169 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1169. Regulations

-STATUTE-

The Secretary is authorized to prescribe such regulations as he

deems necessary to carry out the provisions of this subchapter.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 211, as added Pub. L. 98-129, Sec.

2, Oct. 14, 1983, 97 Stat. 844.)

-CITE-

16 USC Sec. 1169a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1169a. Annuities and survivor annuities; recomputation

-STATUTE-

(a)(1) (FOOTNOTE 1) An annuity or survivor annuity based on the

service of an employee or Member who performed service described in

the second paragraph (13) (FOOTNOTE 2) of subsection (b) or

subsection (l)(1)(C) of section 8332 of title 5, as added by

subsections (b) and (e), respectively, of section 209 of this Act

(Pub. L. 89-702), shall, upon application to the Office of

Personnel Management, be recomputed in accordance with the second

paragraph (13) of subsection (b) and subsection (l), respectively,

of such section 8332, regardless of whether the employee or Member

retires before, on, or after October 14, 1983.

(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

(FOOTNOTE 2) See References in Text note below.

(2) Any recomputation of annuity under paragraph (1) of this

subsection shall apply with respect to months beginning more than

30 days after the date on which application for such recomputation

is received by the Office.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 212, as added Pub. L. 98-369, div.

B, title II, Sec. 2208(b), July 18, 1984, 98 Stat. 1061.)

-REFTEXT-

REFERENCES IN TEXT

The second paragraph (13) of subsection (b) of section 8332 of

title 5, referred to in subsec. (a)(1), relates to service

performed by a Native of the Pribilof Islands. That par. (13) was

added by subsec. (b) of section 209 of Pub. L. 89-702 (as added by

section 2 of Pub. L. 98-129) and is set out in the Code as the

first par. (13) of subsec. (b) of section 8332 of Title 5,

Government Organization and Employees.

-COD-

CODIFICATION

Another section 212 of Pub. L. 89-702 is classified to section

1169b of this title.

-MISC3-

EFFECTIVE DATE

Section 2208(c) of Pub. L. 98-369 provided that: ''The amendments

made by this section (enacting this section and amending section

8332 of Title 5, Government Organization and Employees) shall take

effect as of October 14, 1983.''

-CITE-

16 USC Sec. 1169b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER II - ADMINISTRATION OF PRIBILOF ISLANDS

-HEAD-

Sec. 1169b. Use of local entities

-STATUTE-

Notwithstanding any other law to the contrary, the Secretary of

Commerce shall, to the maximum extent practicable, carry out

activities under subsection (a) (FOOTNOTE 1) and fulfill other

obligations under Federal and State law relating to the Pribilof

Islands, through grants or other agreements with local entities and

residents of the Pribilof Islands, unless specialized skills are

needed for an activity, and the Secretary specifies in writing that

such skills are not available through local entities and residents

of the Pribilof Islands.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 89-702, title II, Sec. 212, as added Pub. L. 106-554, Sec.

1(a)(4) (div. B, title I, Sec. 144(e)(6)(A)(ii)), Dec. 21, 2000,

114 Stat. 2763, 2763A-248; Pub. L. 106-562, title I, Sec.

106(a)(2), Dec. 23, 2000, 114 Stat. 2799.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (a), referred to in text, was a reference to

subsection (a) of section 3 of Pub. L. 104-91 when the text of this

section was originally enacted as subsec. (d) of section 3 of Pub.

L. 104-91, set out in a note under section 1165 of this title, see

Codification note below.

-COD-

CODIFICATION

The text of this section as added by Pub. L. 106-554 and Pub. L.

106-562 is based on the text of Pub. L. 104-91, Sec. 3(d), Jan. 6,

1996, 110 Stat. 9, as amended by Pub. L. 106-554, Sec. 1(a)(4)

(div. B, title I, Sec. 144(e)(6)(A)(i)), Dec. 21, 2000, 114 Stat.

2763, 2763A-248; Pub. L. 106-562, title I, Sec. 106(a)(1), Dec. 23,

2000, 114 Stat. 2799. Pub. L. 104-91, Sec. 3(d), was included in a

note set out under section 1165 of this title prior to being

redesignated and transferred by Pub. L. 106-554 and Pub. L. 106-562

so as to appear as section 212 of Pub. L. 89-702.

Another section 212 of Pub. L. 89-702 is classified to section

1169a of this title.

-CITE-

16 USC SUBCHAPTER III - ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

.

-HEAD-

SUBCHAPTER III - ENFORCEMENT

-CITE-

16 USC Sec. 1171 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 1171. Seizure and forfeiture of vessels

-STATUTE-

(a) Every vessel subject to the jurisdiction of the United States

that is employed in any manner in connection with a violation of

the provision of this chapter, including its tackle, apparel,

furniture, appurtenances, cargo, and stores shall be subject to

forfeiture; and all fur seals, or parts thereof, taken or retained

in violation of this chapter, or the monetary value thereof, shall

be forfeited.

(b) All provisions of law relating to the seizure, summary and

judicial forfeiture, and condemnation of a vessel, including its

tackle, apparel, furniture, appurtenances, cargo, and stores for

violation of the customs laws, the disposition of such vessel,

including its tackle, apparel, furniture, appurtenances, cargo, and

stores or the proceeds from the sale thereof, and the remission or

mitigation of such forfeitures shall apply to seizures and

forfeitures incurred, or alleged to have been incurred, under the

provisions of this chapter, insofar as such provisions of law are

applicable and not inconsistent with the provisions of this

chapter.

-SOURCE-

(Pub. L. 89-702, title III, Sec. 301, Nov. 2, 1966, 80 Stat. 1096;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 844.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions, which were contained in section 1181 of this title,

relating to seizure and forfeiture of vessels for provisions

prohibiting the taking of sea otters on the high seas.

-CITE-

16 USC Sec. 1172 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 1172. Practice and procedure

-STATUTE-

(a) Joint responsibility; designation by Secretary of State

officers and employees as Federal law enforcement agents;

non-Federal employees for civil service purposes

Enforcement of the provisions of this chapter is the joint

responsibility of the Secretary, the Secretary of the Treasury, and

the Secretary of the department in which the Coast Guard is

operating. In addition, the Secretary may designate officers and

employees of the States of the United States to enforce the

provisions of this chapter which relate to persons or vessels

subject to the jurisdiction of the United States. When so

designated, such officers and employees are authorized to function

as Federal law enforcement agents for these purposes; but they

shall not be held and considered as employees of the United States

for the purpose of any laws administered by the Office of Personnel

Management.

(b) Issuance of warrants and other process

The judges of the United States district courts and United States

magistrate judges may, within their respective jurisdictions, upon

proper oath or affirmation showing probable cause, issue such

warrants or other process, including warrants or other process

issued in admiralty proceedings in Federal district courts, as may

be required for enforcement of this chapter and any regulations

issued thereunder.

(c) Execution of warrants or other process by enforcement agents

Any person authorized to carry out enforcement activities

hereunder shall have the power to execute any warrant or process

issued by any officer or court of competent jurisdiction for the

enforcement of this chapter.

(d) Arrests and searches by enforcement agents

Such person so authorized shall have the power -

(1) with or without a warrant or other process, to arrest any

person committing in his presence or view a violation of this

chapter or the regulations issued thereunder;

(2) with a warrant or other process or without a warrant, if he

has reasonable cause to believe that a vessel subject to the

jurisdiction of the United States or any person onboard is in

violation of any provision of this chapter or the regulations

issued thereunder, to search such vessel and to arrest such

person.

(e) Seizure of vessels and related articles

Such person so authorized may seize any vessel subject to the

jurisdiction of the United States, together with its tackle,

apparel, furniture, appurtenances, cargo, and stores, used or

employed contrary to the provisions of this chapter or the

regulations issued hereunder or which it reasonably appears has

been used or employed contrary to the provisions of this chapter or

the regulations issued hereunder.

(f) Seizure and disposition of fur seals

Such person so authorized may seize, whenever and wherever

lawfully found, all fur seals taken or retained in violation of

this chapter or the regulations issued thereunder. Any fur seals

so seized or forfeited to the United States pursuant to this

chapter shall be disposed of in accordance with the provisions of

section 1155 of this title.

-SOURCE-

(Pub. L. 89-702, title III, Sec. 302, Nov. 2, 1966, 80 Stat. 1097;

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 844; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-129 amended section generally, substituting

provisions, which were contained in section 1182 of this title,

relating to practice and procedure in connection with the

enforcement of this chapter for provisions which had authorized the

sale by the Secretary of sea otter skins that had been forfeited to

or seized by the United States.

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in subsec. (b) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC Sec. 1173 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 1173. Regulations

-STATUTE-

The Secretary is authorized to prescribe such regulations as he

deems necessary and appropriate to carry out the provisions of this

subchapter.

-SOURCE-

(Pub. L. 89-702, title III, Sec. 303, as added Pub. L. 98-129, Sec.

2, Oct. 14, 1983, 97 Stat. 845.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1183

of this title, prior to the complete revision of this chapter by

Pub. L. 98-129.

-CITE-

16 USC Sec. 1174 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 1174. Penalties

-STATUTE-

(a) Any person who knowingly violates any provision of this

chapter or of any permit or regulation issued thereunder shall,

upon conviction, be fined not more than $20,000 for such violation,

or imprisoned for not more than one year, or both.

(b) Any person who violates any provision of this chapter or any

regulation or permit issued hereunder may be assessed a civil

penalty by the Secretary of not more than $10,000 for each such

violation. No penalty shall be assessed unless such person is

given notice and opportunity for a hearing with respect to such

violation. Hearings held during proceedings for the assessment of

civil penalties authorized by this subsection shall be conducted in

accordance with section 554 of title 5. The Secretary may issue

subpoenas for the attendance and testimony of witnesses and the

production of relevant papers, books, and documents, and administer

oaths. Witnesses summoned shall be paid the same fees and mileage

that are paid to witnesses in the courts of the United States. In

case of contumacy or refusal to obey a subpoena served upon any

person pursuant to this paragraph, the district court of the United

States for any district in which such person is found or resides or

transacts business, upon application by the United States and after

notice to such person, shall have jurisdiction to issue an order

requiring such person to appear and give testimony before the

Secretary or to appear and produce documents before the Secretary,

or both, and any failure to obey such order of the court may be

punished by such court as a contempt thereof. Any civil penalty

assessed may be remitted or mitigated by the Secretary for good

cause shown. Upon any failure to pay a penalty assessed under this

subsection, the Secretary may request the Attorney General to

institute civil action in a district court of the United States for

any district in which such person is found, resides, or transacts

business to collect the penalty, and such court shall have

jurisdiction to hear and decide any such action.

-SOURCE-

(Pub. L. 89-702, title III, Sec. 304, as added Pub. L. 98-129, Sec.

2, Oct. 14, 1983, 97 Stat. 845.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1184

of this title, prior to the complete revision of this chapter by

Pub. L. 98-129.

-CITE-

16 USC Sec. 1175 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 1175. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated to the operations,

research, and facilities account of the National Oceanic and

Atmospheric Administration in the Department of Commerce, such sums

as may be necessary, up to $2,000,000, for fiscal year 1984 for the

purpose of upgrading Federal property to be transferred pursuant to

section 1165 of this title, $736,000 for fiscal year 1984 for the

purposes of sections 1154 and 1168 of this title and such sums as

may be necessary for each fiscal year thereafter for the purposes

of sections 1154 and 1168 of this title.

(b) The contract authority of the Secretary under this chapter is

effective for any fiscal year only to the extent that

appropriations are available for such purposes.

-SOURCE-

(Pub. L. 89-702, title III, Sec. 305, as added Pub. L. 98-129, Sec.

2, Oct. 14, 1983, 97 Stat. 845.)

-CITE-

16 USC Sec. 1181 to 1187 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 24 - CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 1181 to 1187. Omitted

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 835.

Section 1181, Pub. L. 89-702, title IV, Sec. 401, Nov. 2, 1966,

80 Stat. 1097, related to seizure and forfeiture of vessels. See

section 1171 of this title.

Section 1182, Pub. L. 89-702, title IV, Sec. 402, Nov. 2, 1966,

80 Stat. 1097; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17,

1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090; 1978 Reorg. Plan No. 2 of 1978, Sec.

102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784, set out

additional enforcement provisions. See section 1172 of this title.

Section 1183, Pub. L. 89-702, title IV, Sec. 403, Nov. 2, 1966,

80 Stat. 1098; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.

15627, 84 Stat. 2090, authorized the Secretary of Commerce to issue

regulations. See section 1173 of this title.

Section 1184, Pub. L. 89-702, title IV, Sec. 404, Nov. 2, 1966,

80 Stat. 1098, set out penalties for violations. See section 1174

of this title.

Section 1185, Pub. L. 89-702, title IV, Sec. 405, Nov. 2, 1966,

80 Stat. 1098; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.

15627, 84 Stat. 2090, related to contracts or agreements for

research. See section 1155(b) of this title.

Section 1186, Pub. L. 89-702, title IV, Sec. 406, Nov. 2, 1966,

80 Stat. 1098, defined terms as used in this chapter. See section

1151 of this title.

Section 1187, Pub. L. 89-702, title IV, Sec. 407, Nov. 2, 1966,

80 Stat. 1098, related to creation of a Pribilof Islands fund. See

section 1166 of this title.

-CITE-