-CITE-

16 USC CHAPTER 56A - PACIFIC SALMON FISHING 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

.

-HEAD-

CHAPTER 56A - PACIFIC SALMON FISHING

-MISC1-

Sec.

3631. Definitions.

3632. United States Section.

(a) Commissioners.

(b) Alternate Commissioners.

(c) Southern Panel.

(d) Northern Panel.

(e) Fraser River Panel.

(f) Transboundary Panel.

(g) Panel appointments.

(h) Voting requirements.

(i) Consultation.

3633. Authority and responsibility.

(a) Secretary of State.

(b) States and treaty Indian tribes.

(c) Secretary of Commerce.

3634. Interagency cooperation.

(a) States, United States agencies, treaty Indian

tribes, private institutions and organizations.

(b) United States agencies; facilities and personnel.

3635. Preemption.

3636. Rulemaking.

(a) Promulgation of regulations by Secretary of

Commerce.

(b) Additions to fishery regimes and Fraser River

Panel regulations.

(c) Judicial review.

3637. Prohibited acts and penalties.

(a) Unlawful acts.

(b) Civil penalty.

(c) Criminal penalty.

(d) Forfeiture.

(e) Enforcement authority.

(f) Jurisdiction.

3638. General standard.

3639. Advisory committee.

(a) Appointment; membership.

(b) Functions.

(c) Compensation.

(d) Meetings.

3640. Administrative matters.

(a) Compensation of Commissioners and Alternate

Commissioners.

(b) Compensation of Panel Members and Alternate Panel

Members.

(c) Travel; other expenses.

(d) Individuals not considered Federal employees.

3641. Authorization of appropriations.

3642. Disposition of property of International Pacific Salmon

Fisheries Commission.

3643. Savings provision.

3644. Restriction on spending authority.

3645. Northern Boundary and Transboundary Rivers Restoration and

Enhancement Fund and Southern Boundary Restoration and

Enhancement Fund.

(a) Northern Fund and Southern Fund.

(b) Pacific Salmon Treaty implementation.

(c) Omitted.

(d) Authorization of appropriations.

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16 USC Sec. 3631 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3631. Definitions

-STATUTE-

As used in this chapter, unless the context otherwise requires,

the term -

(a) ''Commission'' means the Pacific Salmon Commission

established by the Treaty;

(b) ''enhancement'' means manmade improvements to natural

habitats, or the application of artificial fish culture

technology, that will lead to the increase of salmon stocks;

(c) ''Magnuson Act'' means the Act entitled ''the

Magnuson-Stevens Fishery Conservation and Management Act,'' as

approved April 13, 1976, and as later amended (16 U.S.C. section

1801 et seq.);

(d) ''Panel'' means any of the Panels established by the

Treaty;

(e) ''person'' means any individual (whether or not a citizen

or national of the United States), any corporation, partnership,

association, or other entity (whether or not organized or

existing under the laws of any State);

(f) ''salmon'' means any anadromous species of the family

Salmonidae and genus Oncorhynchus, commonly known as Pacific

salmon, including but not limited to:

---------------------------------------------------------------------

Popular names Scientific name

---------------------------------------------------------------------

Chinook or King Salmon Oncorhynchus tshawytscha

Coho or Silver Salmon Oncorhynchus kisutch

Pink or Humpback Salmon Oncorhynchus gorbuscha

Chum or Dog Salmon Oncorhynchus keta

Sockeye or Red Salmon Oncorhynchus nerka

-------------------------------

and shall also include Steelhead (Salmo gairdneri);

(g) ''Secretary'' means the Secretary of Commerce;

(h) ''Treaty'' means the Treaty between the Government of the

United States of America and the Government of Canada Concerning

Pacific Salmon, signed at Ottawa, January 28, 1985;

(i) ''treaty Indian tribe'' means any of the federally

recognized Indian tribes of the Columbia River basin, Washington

coast or Puget Sound areas having reserved fishing rights to

salmon stocks subject to the Treaty under treaties with the

United States Government; and

(j) ''United States Section'' means the four United States

Commissioners appointed by the President pursuant to this

chapter.

-SOURCE-

(Pub. L. 99-5, Sec. 2, Mar. 15, 1985, 99 Stat. 7; Pub. L. 102-251,

title III, Sec. 306(a), Mar. 9, 1992, 106 Stat. 66; Pub. L.

104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 306(a), 308, Mar. 9, 1992, 106

Stat. 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 (h) to (j) as (i)

to (k), respectively, and by inserting after subsection (g) the

following new subsection:

(h) ''Special areas'' means 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, the term

refers to 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.

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (c), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

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

1801 of this title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-208 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

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

Section 1 of Pub. L. 99-5 provided: ''That this Act (enacting

this chapter and repealing sections 776 to 776f of this title and

provisions set out as notes under section 776 of this title) may be

cited as the 'Pacific Salmon Treaty Act of 1985'.''

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-CITE-

16 USC Sec. 3632 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3632. United States Section

-STATUTE-

(a) Commissioners

The United States shall be represented on the Commission by four

United States Commissioners who are knowledgeable or experienced

concerning Pacific salmon, to be appointed by and serve at the

pleasure of the President. Of these, one shall be an official of

the United States Government who shall be a nonvoting member of the

United States Section; one shall be a resident of the State of

Alaska and shall be appointed from a list of at least six qualified

individuals nominated by the Governor of that State; one shall be a

resident of the States (FOOTNOTE 1) of Oregon, (FOOTNOTE 2) or

Washington and shall be appointed from a list of at least six

qualified individuals nominated by the Governors of those States;

and one shall be appointed from a list of at least six qualified

individuals nominated by the treaty Indian tribes of the States of

Idaho, Oregon or Washington. Two of the initial appointments shall

be for two-year terms; all other appointments shall be for

four-year terms. Each Commissioner is eligible for reappointment.

Any individual appointed to fill a vacancy occurring prior to the

expiration of any term of office shall be appointed for the

remainder of that term. Unless otherwise agreed, the chairmanship

of the United States Section shall rotate annually among all four

members with the order of rotation determined by lot at the first

meeting.

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

(FOOTNOTE 2) So in original. The comma probably should not

appear.

(b) Alternate Commissioners

The Secretary of State, in consultation with the Secretary and

the Secretary of the Interior, shall designate an Alternate

Commissioner for each Commissioner from the respective lists

referred to in subsection (a) of this section, and may designate an

Alternate Commissioner for the Federal Commissioner. In the absence

of a Commissioner, the Alternate Commissioner may exercise all

functions of such Commissioner at any meeting of the Commission or

of the United States Section. Alternate Commissioners are eligible

for reappointment and may attend all meetings of the United States

Section.

(c) Southern Panel

The United States shall be represented on the southern Panel by

six Panel members, of whom -

(1) one shall be an official of the United States Government,

with salmon fishery management responsibility and expertise;

(2) one shall be an official of the State of Oregon, with

salmon fishery management responsibility and expertise;

(3) one shall be an official of the State of Washington, with

salmon fishery management responsibility and expertise;

(4) two shall be appointed from a list submitted by the treaty

Indian tribes of individuals with salmon fishery management

responsibility and expertise; and

(5) one shall be appointed from the commercial or recreational

sector who is knowledgeable and experienced in the salmon

fisheries for which the southern Panel is responsible.

(d) Northern Panel

The United States shall be represented on the northern Panel by

six Panel members, of whom -

(1) one shall be an official of the United States Government,

with salmon fishery management responsibility and expertise;

(2) one shall be an official of the State of Alaska, with

salmon fishery management responsibility and expertise; and

(3) four shall be individuals knowledgeable and experienced in

the salmon fisheries for which the northern Panel is responsible.

(e) Fraser River Panel

The United States shall be represented on the Fraser River Panel

by four Panel members, of whom -

(1) one shall be an official of the United States Government,

with salmon fishery management responsibility and expertise;

(2) one shall be an official of the State of Washington, with

salmon fishery management responsibility and expertise;

(3) one shall be appointed from a list submitted by the treaty

Indian tribes of individuals with salmon fishery management

responsibility and expertise for the fisheries for which the

Fraser River Panel is responsible; and

(4) one shall be appointed from the commercial sector of the

salmon fishing industry concerned with fisheries for which the

Fraser River Panel is responsible.

(f) Transboundary Panel

The United States shall be represented on the Transboundary Panel

by seven panel members, of whom -

(1) one shall be an official of the United States Government,

with salmon fishery management responsibility and expertise;

(2) one shall be an official of the State of Alaska, with

salmon fishery management responsibility and expertise; and

(3) five shall be individuals knowledgeable and experienced in

the salmon fisheries for which the Transboundary Panel is

responsible.

(g) Panel appointments

Panel members described in subsections (c)(2), (c)(3), (d)(2),

and (e)(2) of this section shall be appointed by the Governor of

the applicable State. Panel members described in subsections (c)(4)

and (e)(3) of this section shall be appointed by the Secretary of

the Interior from lists of nominations provided by the appropriate

treaty Indian tribes. All other Panel members shall be appointed

by the Secretary: Provided, That at least one member of the

northern Panel shall be a voting member of the North Pacific

Fishery Management Council, at least one member of the southern

Panel shall be a voting member of the Pacific Fishery Management

Council; and the Panel members described in subsections (c)(5),

(d)(3), and (e)(4) of this section shall be appointed from lists of

nominations provided by the Governors of the applicable States. For

the northern, southern, and Fraser River panels, the appointing

authorities listed above may also designate an alternate Panel

member, meeting the same qualifications and having the same term of

office, to service in the absence of a Panel member appointed under

this subsection. Panel members and alternate Panel members, other

than the southern Panel member described in subsection (c)(5) of

this section, shall serve four-year terms; except that the

Secretary of State shall designate one-half of the initial

appointments to each Panel as serving two-year terms. The southern

Panel member described in subsection (c)(5) of this section and the

corresponding alternate shall each be appointed for one-year terms;

the first such member shall be appointed from the commercial sector

and an alternate shall be appointed from the recreational sector,

with the alternate succeeding to the member position in the

subsequent year; thereafter the member and alternate positions

shall rotate between the commercial and recreational sectors on an

annual basis. Any individual appointed to fill a vacancy occurring

prior to the expiration of any term of office shall be appointed

for the remainder of that term. Panel members and alternates shall

be eligible for reappointment and may attend all meetings of the

relevant United States Panel Section.

(h) Voting requirements

(1) Except as provided in paragraph (2), the United States

Section shall operate with the objective of attaining consensus

decisions in the development and exercise of its single vote within

the Commission. A decision of the United States Section shall be

taken when there is no dissenting vote.

(2) A decision of the United States Section with respect to any

salmon fishery regime covered by chapter 1 or 2 (except paragraph 4

of chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985

shall be taken upon the affirmative vote of the United States

Commissioner appointed from the list submitted by the Governor of

Alaska pursuant to subsection (a) of this section. A decision of

the United States Section with respect to any salmon fishery regime

covered by chapter 4, 5 (except paragraph 2(b) of chapter 5), or 6

of the Pacific Salmon Treaty of 1985 shall be taken upon the

affirmative vote of both the United States Commissioner appointed

from the list submitted by the Governors of Washington and Oregon

pursuant to subsection (a) of this section and the United States

Commissioner appointed from the list submitted by the treaty Indian

tribes of the State of Idaho, Oregon, or Washington pursuant to

subsection (a) of this section. Before a decision of the United

States Section is made under this paragraph, the voting

Commissioner or Commissioners shall consult with the Commissioner

who is an official of the United States Government under subsection

(a) of this section (FOOTNOTE 3)

(FOOTNOTE 3) So in original. Probably should be followed by a

period.

(3) All decisions and recommendations of the United States

Section of the northern, southern, and transboundary Panels shall

require the concurring vote of a majority of the United States

Panel members present and voting, except that decisions and

recommendations of the southern Panel shall require the concurring

vote of the members designated in subsections (c)(2) and (c)(3) of

this section and one of those members designated in subsection

(c)(4) of this section.

(4) All decisions and recommendations of the United States

Section of the Fraser River Panel shall require the concurring vote

of all United States Panel members present and voting, except that

orders referred to in article VI(6) of the Treaty may be agreed to

on the basis of a majority, provided that the Panel members

representing the State and Tribal fishery management authorities

concur.

(5) All decisions and recommendations of any joint Panel shall

require the concurring votes of each Panel under the voting rules

specified in paragraphs (2) and (3).

(6) To assist in the resolution of disputes affecting decisions

of the United States Section or of the United States Panel

sections, a three-person Conciliation Board may be established.

The members of the Conciliation Board shall be selected by the

United States Section as follows: each non-Federal Commissioner

shall submit a list of no fewer than three qualified nominees; one

person shall be selected from each list by consensus decision of

the Federal Commissioner and the other two non-Federal

Commissioners. The Conciliation Board shall operate under such

bylaws as may be established by the United States Section.

(7) In any matter where the Fraser River Panel is unable to act

because the United States Fraser River Panel members have been

unable to reach a decision in accordance with paragraph (3) of this

subsection, and upon a determination by the Chairman of the United

States Section that an action of the Panel is required, the United

States Section shall act for the United States Panel members in the

Fraser River Panel.

(8) In any matter where the Secretary of State determines that

the United States is in jeopardy of not fulfilling its

international obligations under the Treaty, the Secretary of State

shall so certify to the United States Section. Such certification

shall include the reasons for such determination and shall specify

the date by which a decision by the United States Section is

desired. If the United States Section has not reached a decision

by the date specified, the Secretary of State, after consultation

with the Secretary and the Secretary of the Interior, shall report

on the matter to the President.

(i) Consultation

In carrying out their functions under the Treaty, the

Commissioners and Panel members may consult with such other

interested parties as they consider appropriate. The Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply.

-SOURCE-

(Pub. L. 99-5, Sec. 3, Mar. 15, 1985, 99 Stat. 8; Pub. L. 106-113,

div. B, Sec. 1000(a)(1) (title VI, Sec. 623(c)), Nov. 29, 1999,

113 Stat. 1535, 1501A-59; Pub. L. 106-554, Sec. 1(a)(4) (div. B,

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

2763A-239.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (i),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

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

I, Sec. 144(c)(5)(A)), added subsec. (f). Former subsec. (f)

redesignated (g).

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

144(c)(5)(B), (C)), redesignated subsec. (f) as (g) and substituted

''For the northern, southern, and Fraser River panels, the

appointing authorities'' for ''The appointing authorities''.

Former subsec. (g) redesignated (h).

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

144(c)(5)(B)), redesignated subsec. (g) as (h). Former subsec. (h)

redesignated (i).

Subsec. (h)(3). Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I,

Sec. 144(c)(5)(D)), substituted ''northern, southern, and

transboundary'' for ''northern and southern''.

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

144(c)(5)(B)), redesignated subsec. (h) as (i).

1999 - Subsec. (g)(1). Pub. L. 106-113, Sec. 1000(a)(1) (title

II, Sec. 623(c)(1)), substituted ''Except as provided in paragraph

(2), the'' for ''The''.

Subsec. (g)(2) to (8). Pub. L. 106-113, Sec. 1000(a)(1) (title

II, Sec. 623(c)(2), (3)), added par. (2) and redesignated former

pars. (2) to (7) as (3) to (8), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3638 of this title.

-CITE-

16 USC Sec. 3633 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3633. Authority and responsibility

-STATUTE-

(a) Secretary of State

The Secretary of State is authorized to -

(1) receive and transmit, on behalf of the United States,

reports, requests, recommendations, proposals, and other

communications of and to the Commission and Panels;

(2) in consultation with the Secretary and the Secretary of the

Interior, approve, disapprove, object to, or withdraw objections

to fishery regimes, including enhancement programs and Fraser

River Panel regulations proposed in accordance with the Treaty,

on the condition that the United States shall be obligated to

carry out such regimes or regulations only to the extent that

funds are made available for such purposes in appropriation Acts;

and

(3) act upon, or refer to other appropriate authority, any

communication referred to in paragraph (1) of this subsection

other than a proposed fishery regime or Fraser River Panel

regulation.

(b) States and treaty Indian tribes

Recommendations of the Commission on fishery regimes or Fraser

River Panel regulations approved by the Secretary of State pursuant

to subsection (a)(2) of this section shall be forwarded immediately

to the States of Alaska, Oregon, Washington, and Idaho and to the

treaty Indian tribes, as appropriate. In the exercise of their

general fishery management authority, the States and treaty Indian

tribes may adopt corresponding laws, regulations, or orders within

their respective jurisdictions.

(c) Secretary of Commerce

In cooperation with the appropriate Regional Fishery Management

Councils, States and treaty Indian tribes, the Secretary shall

prepare, as appropriate, all statements, reports, and information

required by the Treaty and submit such documents to the Secretary

of State, who shall transmit them to the Commission.

-SOURCE-

(Pub. L. 99-5, Sec. 4, Mar. 15, 1985, 99 Stat. 10.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3638 of this title.

-CITE-

16 USC Sec. 3634 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3634. Interagency cooperation

-STATUTE-

(a) States, United States agencies, treaty Indian tribes, private

institutions and organizations

In carrying out the provisions of the Treaty and this chapter,

the Secretary, in consultation with the Secretary of the Interior,

may arrange for cooperation with agencies of the United States, the

States, treaty Indian tribes, private institutions and

organizations, and may execute such memoranda as may be necessary

to reflect such agreements.

(b) United States agencies; facilities and personnel

Agencies of the United States may cooperate in the conduct of

scientific and other programs, and may furnish facilities and

personnel, for the purposes of assisting the Commission and Panels

in carrying out their responsibilities under the Treaty. Such

agencies may accept reimbursement from the Commission for providing

such services, facilities, and personnel.

-SOURCE-

(Pub. L. 99-5, Sec. 5, Mar. 15, 1985, 99 Stat. 11.)

-CITE-

16 USC Sec. 3635 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3635. Preemption

-STATUTE-

If any State or treaty Indian tribe has taken any action, or

omitted to take any action, the results of which place the United

States in jeopardy of not fulfilling its international obligations

under the Treaty, or any fishery regime or Fraser River Panel

regulation adopted thereunder, the Secretary shall inform the State

or tribe of the manner in which the action or inaction places the

United States in jeopardy of not fulfilling its international

obligations under the Treaty, of any remedial action which would

relieve this concern, and of the intention to promulgate Federal

regulations if such remedial actions are not undertaken within

fifteen days unless an earlier action is required to avoid

violation of United States Treaty obligations. Should United

States action be required to meet Treaty obligations to Canada in

respect to treaty Indian fisheries conducted in terminal areas

subject to the continuing jurisdiction of a United States district

court, such action shall be taken within the framework of such

court jurisdiction. Otherwise, regulations may be promulgated by

the Secretary pursuant to section 3636(a) of this title which shall

supersede any State or treaty Indian tribal law, regulation or

order determined by the Secretary to place the United States in

jeopardy of not fulfilling its international obligations under the

Treaty. Timely notice of all such determinations shall be

disseminated by electronic media and shall be published in local

newspapers in the major fishing ports affected and in the Federal

Register. In order to enable the United States to fulfill its

obligations under article IV(7) of the Treaty, the States of

Alaska, Idaho, Oregon and Washington and the treaty Indian tribes

shall advise the Secretary of all pertinent laws or regulations

pertaining to the harvest of Pacific salmon, together with such

amendments thereto as may be adopted from time to time.

-SOURCE-

(Pub. L. 99-5, Sec. 6, Mar. 15, 1985, 99 Stat. 11.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3636, 3638 of this title.

-CITE-

16 USC Sec. 3636 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3636. Rulemaking

-STATUTE-

(a) Promulgation of regulations by Secretary of Commerce

The Secretary, in consultation with the Secretary of the

Interior, the Secretary of the Department in which the Coast Guard

is operating and the appropriate Regional Fishery Management

Council, shall promulgate such regulations as may be necessary to

carry out the United States international obligations under the

Treaty and this chapter, pursuant to section 3635 of this title, as

well as conforming amendatory regulations applicable to the United

States Exclusive Economic Zone. Any such regulation may be made

applicable, as necessary, to all persons and all vessels subject to

the jurisdiction of the United States, wherever located. Such

regulations as are necessary and appropriate to carry out

obligations of the United States under the Treaty involve a foreign

affairs function, and as such shall not be subject to sections 553

through 557 of title 5, or the National Environmental Policy Act

(42 U.S.C. 4321 et seq.).

(b) Additions to fishery regimes and Fraser River Panel regulations

The Secretary, in cooperation with the Regional Fishery

Management Councils, States, and treaty Indian tribes, may

promulgate regulations applicable to nationals or vessels of the

United States, or both, which are in addition to, and not in

conflict with, fishery regimes and Fraser River Panel regulations

adopted under the Treaty. Such regulations shall not discriminate

between residents of different States.

(c) Judicial review

Regulations promulgated by the Secretary under this chapter shall

be subject to judicial review by the district courts of the United

States to the extent authorized by, and in accordance with, chapter

7 of title 5; except that section 705 of such title is not

applicable, and the appropriate court shall only set aside any such

regulation on a ground specified in section 706(2)(A), (B), (C), or

(D) of such title. A civil action filed pursuant to this section

shall be assigned for hearing at the earliest possible date, shall

take precedence over other matters pending on the docket of the

United States district court at that time, and shall be expedited

in every way by such court and any appellate court.

-SOURCE-

(Pub. L. 99-5, Sec. 7, Mar. 15, 1985, 99 Stat. 12; Pub. L. 102-251,

title III, Sec. 306(b), Mar. 9, 1992, 106 Stat. 66.)

-STATAMEND-

AMENDMENT OF SUBSECTION (A)

Pub. L. 102-251, title III, Sec. 306(b), 308, Mar. 9, 1992, 106

Stat. 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, subsection

(a) is amended by inserting ''and special areas'' after

''Exclusive Economic Zone''.

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act, referred to in subsec.

(a), probably means the National Environmental Policy Act of 1969,

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of

Title 42 and Tables.

-MISC2-

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.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3635, 3638 of this title.

-CITE-

16 USC Sec. 3637 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3637. Prohibited acts and penalties

-STATUTE-

(a) Unlawful acts

It is unlawful for any person or vessel subject to the

jurisdiction of the United States -

(1) to violate any provision of this chapter, or of any

regulation adopted hereunder, or of any Fraser River Panel

regulation approved by the United States under the Treaty;

(2) to refuse to permit any officer authorized to enforce the

provisions of this chapter to board a fishing vessel subject to

such person's control for purposes of conducting any search or

inspection in connection with the enforcement of this chapter;

(3) to forcibly assault, resist, oppose, impede, intimidate, or

interfere with any such authorized officer in the conduct of any

search or inspection described in subparagraph (2);

(4) to resist a lawful arrest for any act prohibited by this

section;

(5) to ship, transport, offer for sale, sell, purchase, import,

export, or have custody, control, or possession of, any fish

taken or retained in violation of this chapter; or

(6) to interfere with, delay, or prevent, by any means, the

apprehension or arrest of another person, knowing that such other

person has committed any act prohibited by this section.

(b) Civil penalty

Any person who commits any act that is unlawful under subsection

(a) of this section shall be liable to the United States for a

civil penalty as provided by section 308 of the Magnuson Act (16

U.S.C. 1858).

(c) Criminal penalty

Any person who commits an act that is unlawful under paragraph

(2), (3), (4), or (6) of subsection (a) of this section shall be

guilty of an offense punishable as provided by section 309(b) of

the Magnuson Act (16 U.S.C. 1859(b)).

(d) Forfeiture

(1) Any vessel (including its gear, furniture, appurtenances,

stores, and cargo) used in the commission of an act which is

prohibited under subsection (a) of this section, and any fish (or

the fair market value thereof) taken or retained, in any manner, in

connection with or as a result of the commission of any act which

is prohibited by subsection (a) of this section, shall be subject

to forfeiture as provided by section 310 of the Magnuson Act (16

U.S.C. 1860).

(2) Any fish seized pursuant to this chapter may be disposed of

pursuant to the order of a court of competent jurisdiction or, if

perishable, in a manner prescribed by regulation of the Secretary.

(e) Enforcement authority

The Secretary and the Secretary of the Department in which the

Coast Guard is operating shall enforce the provisions of this

chapter and shall have the authority provided by subsections

311(a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861(a),

(b)(1), and (c)).

(f) Jurisdiction

The district courts of the United States shall have exclusive

jurisdiction over any case or controversy arising under this

section and may, at any time -

(1) enter restraining orders or prohibitions;

(2) issue warrants, process in rem, or other process;

(3) prescribe and accept satisfactory bonds or other security;

and

(4) take such other actions as are in the interest of justice.

-SOURCE-

(Pub. L. 99-5, Sec. 8, Mar. 15, 1985, 99 Stat. 12.)

-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. 3638 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3638. General standard

-STATUTE-

All actions taken under sections 3632(g), (FOOTNOTE 1) 3633,

3635, and 3636 of this title shall -

(FOOTNOTE 1) See References in Text note below.

(a) take into account the best scientific information

available;

(b) result in measures necessary and appropriate for the

conservation, management, utilization and development of the

Pacific salmon resource, with due consideration of social and

economic concerns; and

(c) be consistent with United States obligations under the

Treaty, domestic Indian treaties and other applicable law.

-SOURCE-

(Pub. L. 99-5, Sec. 9, Mar. 15, 1985, 99 Stat. 13.)

-REFTEXT-

REFERENCES IN TEXT

Section 3632(g) of this title, referred to in text, was

redesignated section 3632(h) of this title by Pub. L. 106-554, Sec.

1(a)(4) (div. B, title I, Sec. 144(c)(5)(B)), Dec. 21, 2000, 114

Stat. 2763, 2763A-239.

-CITE-

16 USC Sec. 3639 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3639. Advisory committee

-STATUTE-

(a) Appointment; membership

The United States Section shall appoint an advisory committee of

not less than twelve but not more than twenty members who are

knowledgeable and experienced with respect to fisheries subject to

the Treaty. One-half the membership of the committee shall be

residents of the State of Alaska and one member shall be a resident

of the State of Idaho. Each member shall serve a term of two years

and shall be eligible for reappointment.

(b) Functions

Members of the advisory committee may attend all public meetings

of the Commission and Panels and all nonexecutive sessions of the

United States Section and United States Panel sections. At

nonexecutive meetings of the United States Section and United

States Panel sections, members of the advisory committee shall be

given the opportunity to examine and to be heard on any

nonadministrative matter under consideration.

(c) Compensation

The members of the advisory committee shall receive no

compensation for their services as such members.

(d) Meetings

The Chairman of the United States Section shall call a meeting of

the advisory committee at least one time each year.

-SOURCE-

(Pub. L. 99-5, Sec. 10, Mar. 15, 1985, 99 Stat. 13.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 3640 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3640. Administrative matters

-STATUTE-

(a) Compensation of Commissioners and Alternate Commissioners

Commissioners and Alternate Commissioners who are not State or

Federal employees shall receive compensation at the daily rate of

GS-18 of the General Schedule when engaged in the actual

performance of duties for the United States Section or for the

Commission.

(b) Compensation of Panel Members and Alternate Panel Members

Panel Members and Alternate Panel Members who are not State or

Federal employees shall receive compensation at the daily rate of

GS-16 of the General Schedule when engaged in the actual

performance of duties for the United States Section or for the

Commission.

(c) Travel; other expenses

Travel and other necessary expenses shall be paid for all United

States Commissioners, Alternate Commissioners, Panel Members,

Alternate Panel Members, members of the Joint Technical Committee,

and members of the Advisory Committee when engaged in the actual

performance of duties for the United States Section or for the

Commission.

(d) Individuals not considered Federal employees

Except for officials of the United States Government, such

individuals shall not be considered to be Federal employees while

engaged in the actual performance of duties for the United States

Section or for the Commission, except for the purposes of injury

compensation or tort claims liability as provided in chapter 81 of

title 5 and chapter 71 (FOOTNOTE 1) of title 28.

(FOOTNOTE 1) So in original. Probably should be chapter

''171''.

-SOURCE-

(Pub. L. 99-5, Sec. 11, Mar. 15, 1985, 99 Stat. 14.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

16 USC Sec. 3641 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3641. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated from time to time such

sums as may be necessary for carrying out the purposes and

provisions of the Treaty and this chapter including -

(a) necessary travel expenses of the Commissioners, Panel

members, alternate Commissioners, alternate Panel members, United

States members of joint technical committees established under

article IV of the Treaty, and advisory committee members in

accordance with the Federal Travel Regulations and sections 5701,

5702, 5704 through 5708, and 5731 of title 5;

(b) the United States share of the joint expenses of the

Commission: Provided, That the United States Commissioners and

Panel members and alternates shall not, with respect to

commitments concerning the United States share of the joint

expenses of the Organization, be subject to section 262b of title

22 insofar as it limits the authority of United States

representatives to international organizations with respect to

such commitments;

(c) amounts for research, enhancement, and other activities

necessary to carry out the purposes of the Treaty and this

chapter; and

(d) such amounts as may be due to settle accounts upon

termination of the International Pacific Salmon Fisheries

Commission.

-SOURCE-

(Pub. L. 99-5, Sec. 12, Mar. 15, 1985, 99 Stat. 14.)

-CITE-

16 USC Sec. 3642 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3642. Disposition of property of International Pacific Salmon

Fisheries Commission

-STATUTE-

The Secretary of State shall dispose of any United States

property held by the International Pacific Salmon Fisheries

Commission on the date of its termination in a manner which would

further the purposes of this chapter.

-SOURCE-

(Pub. L. 99-5, Sec. 13 (part), Mar. 15, 1985, 99 Stat. 15.)

-COD-

CODIFICATION

Section consists of a part of section 13 of Pub. L. 99-5. The

remainder of section 13 of Pub. L. 99-5 provided for the repeal,

effective Dec. 31, 1985, of the Sockeye Salmon or Pink Salmon

Fishing Act of 1947, act July 29, 1947, ch. 345, 61 Stat. 511, as

amended, which was classified to chapter 10A (Sec. 776 et seq.) of

this title.

-CITE-

16 USC Sec. 3643 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3643. Savings provision

-STATUTE-

This chapter shall not be interpreted or applied so as to affect

or modify rights established in existing Indian treaties and other

existing Federal laws, including the Order entered in Confederated

Tribes and Bands of the Yakima Indian Nation v. Baldrige, Civil

No. 80-342 (WD WASH.). This section shall not be interpreted or

applied so as to affect or modify any rights or obligations of the

United States pursuant to the Treaty.

-SOURCE-

(Pub. L. 99-5, Sec. 14, Mar. 15, 1985, 99 Stat. 15.)

-CITE-

16 USC Sec. 3644 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3644. Restriction on spending authority

-STATUTE-

New spending authority or authority to enter into contracts

provided in this chapter shall be effective only to such extent, or

in such amounts, as are provided in advance in appropriation Acts.

-SOURCE-

(Pub. L. 99-5, Sec. 15, Mar. 15, 1985, 99 Stat. 15.)

-CITE-

16 USC Sec. 3645 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 56A - PACIFIC SALMON FISHING

-HEAD-

Sec. 3645. Northern Boundary and Transboundary Rivers Restoration

and Enhancement Fund and Southern Boundary Restoration and

Enhancement fund

-STATUTE-

(a) Northern Fund and Southern Fund

(1) As provided in the June 30, 1999, Agreement of the United

States and Canada on the Treaty Between the Government of the

United States and the Government of Canada Concerning Pacific

Salmon, 1985 (hereafter referred to as the ''1999 Pacific Salmon

Treaty Agreement'') there are hereby established a Northern

Boundary and Transboundary Rivers Restoration and Enhancement Fund

(hereafter referred to as the ''Northern Fund'') and a Southern

Boundary Restoration and Enhancement Fund (hereafter referred to as

the ''Southern Fund'') to be held by the Pacific Salmon Commission.

The Northern Fund and Southern Fund shall be invested in interest

bearing accounts, bonds, securities, or other investments in order

to achieve the highest annual yield consistent with protecting the

principal of each Fund. Income from investments made pursuant to

this paragraph shall be available until expended, without

appropriation or fiscal year limitation, for programs and

activities relating to salmon restoration and enhancement, salmon

research, the conservation of salmon habitat, and implementation of

the Pacific Salmon Treaty and related agreements. Amounts provided

by grants under this subsection may be held in interest bearing

accounts prior to the disbursement of such funds for program

purposes, and any interest earned may be retained for program

purposes without further appropriation. The Northern Fund and

Southern Fund are subject to the laws governing Federal

appropriations and funds and to unrestricted circulars of the

Office of Management and Budget. Recipients of amounts from either

Fund shall keep separate accounts and such records as are

reasonably necessary to disclose the use of the funds as well as to

facilitate effective audits.

(2) Fund Management. -

(A) As provided in the 1999 Pacific Salmon Treaty Agreement,

amounts made available from the Northern Fund pursuant to

paragraph (1) shall be administered by a Northern Fund Committee,

which shall be comprised of three representatives of the

Government of Canada, and three representatives of the United

States. The three United States representatives shall be the

United States Commissioner and Alternate Commissioner appointed

(or designated) from a list submitted by the Governor of Alaska

for appointment to the Pacific Salmon Commission and the Regional

Administrator of the National Marine Fisheries Service for the

Alaska Region. Only programs and activities consistent with the

purposes in paragraph (1) which affect the geographic area from

Cape Caution, Canada to Cape Suckling, Alaska may be approved for

funding by the Northern Fund Committee.

(B) As provided in the 1999 Pacific Salmon Treaty Agreement,

amounts made available from the Southern Fund pursuant to

paragraph (1) shall be administered by a Southern Fund Committee,

which shall be comprised of three representatives of Canada and

three representatives of the United States. The United States

representatives shall be appointed by the Secretary of Commerce:

one shall be selected from a list of three qualified individuals

submitted by the Governors of the States of Washington and

Oregon; one shall be selected from a list of three qualified

individuals submitted by the treaty Indian tribes (as defined by

the Secretary of Commerce); and one shall be the Regional

Administrator of the National Marine Fisheries Service for the

Northwest Region. Only programs and activities consistent with

the purposes in paragraph (1) which affect the geographic area

south of Cape Caution, Canada may be approved for funding by the

Southern Fund Committee.

(b) Pacific Salmon Treaty implementation

(1) None of the funds authorized by this section for

implementation of the 1999 Pacific Salmon Treaty Agreement shall be

made available until each of the following conditions to the 1999

Pacific Salmon Treaty Agreement has been fulfilled -

(A) stipulations are revised and court orders requested as set

forth in the letter of understanding of the United States

negotiators dated June 22, 1999. If such orders are not requested

by December 31, 1999, this condition shall be considered

unfulfilled; and

(B) a determination is made that -

(i) the entry by the United States into the 1999 Pacific

Salmon Treaty Agreement;

(ii) the conduct of the Alaskan fisheries pursuant to the

1999 Pacific Salmon Treaty Agreement, without further

clarification or modification of the management regimes

contained therein; and

(iii) the decision by the North Pacific Fisheries Management

Council to continue to defer its management authority over

salmon to the State of Alaska are not likely to cause jeopardy

to, or adversely modify designated critical habitat of, any

salmonid species listed under Public Law 93-205, as amended (16

U.S.C. 1531 et seq.), in any fishery subject to the Pacific

Salmon Treaty.

(2) If the requests for orders in subparagraph (1)(A) are

withdrawn after December 31, 1999, or if such orders are not

entered by March 1, 2000, amounts in the Northern Fund and the

Southern Fund shall be transferred to the general fund of the

United States Treasury.

(3) During the term of the 1999 Pacific Salmon Treaty Agreement,

the Secretary of Commerce shall determine whether Southern United

States fisheries are likely to cause jeopardy to, or adversely

modify designated critical habitat of, any salmonid species listed

under Public Law 93-205, as amended, before the Secretary of

Commerce may initiate or reinitiate consultation on Alaska

fisheries under such Act.

(4) During the term of the 1999 Pacific Salmon Treaty Agreement,

the Secretary of Commerce may not initiate or reinitiate

consultation on Alaska fisheries under section 7 of Public Law

93-205, as amended (16 U.S.C. 1536), until -

(A) the Pacific Salmon Commission has had a reasonable

opportunity to implement the provisions of the 1999 Pacific

Salmon Treaty Agreement, including the harvest responses pursuant

to paragraph 9, chapter 3 of Annex IV to the Pacific Salmon

Treaty; and

(B) he determines, in consultation with the United States

Section of the Pacific Salmon Commission, that implementation

actions under the 1999 Agreement will not return escapements as

expeditiously as possible to maximum sustainable yield or other

biologically-based escapement objectives agreed to by the Pacific

Salmon Commission.

(5) The Secretary of Commerce shall notify the Committee on

Commerce, Science, and Transportation of the Senate and the

Committee on Resources of the House of Representatives of his

intent to initiate or reinitiate consultation on Alaska fisheries.

(6)(A) For purposes of this section, ''Alaska fisheries'' means

all directed Pacific salmon fisheries off the coast of Alaska that

are subject to the Pacific Salmon Treaty.

(B) For purposes of this section, ''Southern United States

fisheries'' means all directed Pacific salmon fisheries in

Washington, Oregon, and the Snake River basin of Idaho that are

subject to the Pacific Salmon Treaty.

(c) Omitted

(d) Authorization of appropriations

(1) Pacific Salmon Treaty

(A) For capitalizing the Northern Fund there is authorized to

be appropriated in fiscal years 2000, 2001, 2002, and 2003 a

total of $75,000,000.

(B) For capitalizing the Southern Fund there is authorized to

be appropriated in fiscal years 2000, 2001, 2002, and 2003 a

total of $65,000,000.

(C) To provide economic adjustment assistance to fishermen

pursuant to the 1999 Pacific Salmon Treaty Agreement, there is

authorized to be appropriated in fiscal years 2000, 2001, and

2002 a total of $30,000,000.

(2) Pacific coastal salmon recovery

(A) For salmon habitat restoration, salmon stock enhancement,

and salmon research, including the construction of salmon

research and related facilities, there is authorized to be

appropriated for each of fiscal years 2000, 2001, 2002, and 2003,

$90,000,000 to the States of Alaska, Washington, Oregon, and

California. Amounts appropriated pursuant to this subparagraph

shall be made available as direct payments. The State of Alaska

may allocate a portion of any funds it receives under this

subsection to eligible activities outside Alaska.

(B) For salmon habitat restoration, salmon stock enhancement,

salmon research, and supplementation activities, there is

authorized to be appropriated in each of fiscal years 2000, 2001,

2002, and 2003, $10,000,000 to be divided between the Pacific

Coastal tribes (as defined by the Secretary of Commerce) and the

Columbia River tribes (as defined by the Secretary of Commerce).

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title VI, Sec. 623),

Nov. 29, 1999, 113 Stat. 1535, 1501A-56; Pub. L. 106-553, Sec.

1(a)(2) (title VI, Sec. 628), Dec. 21, 2000, 114 Stat. 2762,

2762A-108.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 93-205, referred to in subsec. (b)(1)(B)(iii), (3), is

Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, known as

the Endangered Species Act of 1973, which is classified generally

to chapter 35 (Sec. 1531 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1531 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 2000, and not as part of the Pacific Salmon

Treaty Act of 1985 which comprises this chapter.

Section is comprised of section 1000(a)(1) (title VI, Sec. 623)

of div. B of Pub. L. 106-113. Section 1000(a)(1) (title VI, Sec.

623(c)) of div. B of Pub. L. 106-113 amended section 3632 of this

title.

-MISC3-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-553, Sec. 1(a)(2) (title VI,

Sec. 628(a)), which directed the amendment of par. (1) by striking

out ''The Northern Fund and Southern Fund shall each receive

$10,000,000 of the amounts authorized by this section.'', was

executed by striking out ''The Northern Fund and Southern Fund

shall each receive $10,000,000, of the amounts authorized by this

section.'' after the second sentence, to reflect the probable

intent of Congress.

Subsec. (d). Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec.

628(b)), added subsec. (d) and struck out heading and text of

former subsec. (d). Text read as follows:

''(1) For capitalizing the Northern Fund and the Southern Fund,

there is authorized to be appropriated in fiscal year 2000,

$20,000,000.

''(2) For salmon habitat restoration, salmon stock enhancement,

salmon research, and implementation of the 1999 Pacific Salmon

Treaty Agreement and related agreements, there is authorized to

be appropriated in fiscal year 2000, $50,000,000 to the States of

California, Oregon, Washington, and Alaska. The State of Alaska

may allocate a portion of any funds it receives under this

subsection to eligible activities outside Alaska.

''(3) For salmon habitat restoration, salmon stock enhancement,

salmon research, and implementation of the 1999 Pacific Salmon

Treaty Agreement and related agreements, there is authorized to

be appropriated $6,000,000 in fiscal year 2000 to the Pacific

Coastal tribes (as defined by the Secretary of Commerce) and

$2,000,000 in fiscal year 2000 to the Columbia River tribes (as

defined by the Secretary of Commerce).

Funds appropriated to the States under the authority of this

section shall be subject to a 25 percent non-Federal match

requirement. In addition, not more than 3 percent of such funds

shall be available for administrative expenses, with the exception

of funds used in the Washington State for the Forest and Fish

Agreement.''

-CITE-