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APPENDIX F
Title IV--Environmental Improvement
and Restoration Fund
--inserted into H.R. 2107 as Title IV (43 U.S.C. §1474d, P.L. 105-83)
SEC. 401.
a. FUND One half of the amounts awarded by the Supreme Court to
the United States in the case of United States of America v. State of
Alaska (117 S. Ct. 1888) shall be deposited in a fund in the Treasury
of the United States to be known as the `Environmental Improve-
ment and Restoration Fund' (referred to in this section as the `Fund').
b. INVESTMENTS --
1. IN GENERAL -- The Secretary of the Treasury shall invest
amounts in the Fund in interest bearing obligations of the
United States.
2. ACQUISITION OF OBLIGATIONS -- For the purpose of
investments under paragraph (1), obligations may be acquired
A. on original issue at the issue price; or
B. by purchase of outstanding obligations at the market
price.
3. SALE OF OBLIGATIONS -- Any obligations acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
4. CREDITS TO FUND -- The interest earned from investments
of the Fund shall be covered into and form a part of the Fund.
122
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APPENDIX F 123
c. TRANSFER AND AVAILABILITY OF AMOUNTS EARNED --
Each year, interest earned and covered into the Fund in the previous
fiscal year shall be made available for as follows:
1. To the extent provided in the subsequent appropriations Acts,
80 percent of such amounts shall be made available to be
equally divided among the Directors of the National Park
Service, the United States Fish and Wildlife Service, the Bureau
of Land Management, and the Chief of the Forest Service for
high priority deferred maintenance and modernization of
facilities that directly enhance the experience of visitors, includ-
ing natural, cultural, recreational, and historic resources pro-
tection projects in National Parks, National Wildlife Refuges,
and the public lands respectively as provided in subsection (d)
and for payment to the State of Louisiana and its lessees for oil
and gas drainage in the West Delta field. The Secretary shall
submit with the annual budget submission to Congress a list of
high priority maintenance and modernization projects for con-
gressional consideration.
2. 20 percent of such amounts shall be made available without
further appropriation to the Secretary of Commerce for the pur-
pose of carrying out marine research activities in the North
Pacific in accordance with subsection (e).
d. PROJECTS A project referred to in subsection (c)(1) shall be
consistent with the laws governing the National Park System, the
National Wildlife Refuge System, the public lands and Forest Service
lands and management plan for such unit.
e. MARINE RESEARCH ACTIVITIES --
1. Funds available under subsection (c)(2) shall be used by the
Secretary of Commerce according to this subsection to provide
grants to Federal, State, private or foreign organizations or
individuals to conduct research activities on or relating to the
fisheries or marine ecosystems in the north Pacific Ocean,
Bering Sea, and Arctic Ocean (including any lesser related
bodies of water).
2. Research priorities and grant requests shall be reviewed by a
board to be known as the North Pacific Research Board
(referred to in this subsection as the `Board'). The Board shall
seek to avoid duplicating other research activities, and shall
place a priority on cooperative research efforts designed to
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124 APPENDIX F
address pressing fishery management or marine ecosystem
information needs.
3. The Board shall be comprised of the following representatives
or their designees
A. the Secretary of Commerce;
B. the Secretary of State;
C. the Secretary of the Interior;
D. the Commandant of the Coast Guard;
E. the Director of the Office of Naval Research;
F. the Alaska Commissioner of Fish and Game;
G. the Chairman of the North Pacific Fishery Management
Council;
H. the Chairman of the Arctic Research Commission;
I. the Director of the Oil Spill Recovery Institute;
J. the Director of the Alaska SeaLife Center;
K. five members nominated by the Governor of Alaska and
appointed by the Secretary of Commerce, one of whom
shall represent fishing interests, one of whom shall rep-
resent Alaska Natives, one of whom shall represent
environmental interests, one of whom shall represent
academia, and one of whom shall represent oil and gas
interests;
L. three members nominated by the Governor of Wash-
ington and appointed by the Secretary of Commerce;
M. one member nominated by the Governor of Oregon and
appointed by the Secretary of Commerce;
N. one member who shall represent fishing interests and
shall be nominated by the Board and appointed by the
Secretary of Commerce.
The members of the Board shall be individuals knowledgeable
by education, training, or experience regarding fisheries or
marine ecosystems in the North Pacific Ocean, Bering Sea, or
Arctic Ocean. Three nominations shall be submitted for each
member to be appointed under subparagraphs (K), (L), and
(M). Board members appointed under subparagraphs (K), (L),
and (M) shall serve for three-year terms, and may be reappointed.
4.
A. The Secretary of Commerce shall review grants recom-
mended by the Board. If the Secretary does not approve
a grant recommended by the Board, the Secretary shall
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APPENDIX F 125
explain in writing the reasons for not approving such
grant, and the amount recommended to be used for such
grant shall be available only for other grants recom-
mended by the Board.
B. The Board shall establish written criteria for the submis-
sion of grant requests through a competitive process and
for deciding upon the award of grants. Grants shall be
recommended by the Board on the basis of merit in
accordance with the priorities established by the Board.
The Secretary shall provide the Board such administra-
tive and technical support as is necessary for the effec-
tive functioning of the Board. The Board shall be con-
sidered an advisory panel established under section
302(g) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) for the
purposes of section 302(i) (1) of such Act, and the other
procedural matters applicable to advisory panels under
section 302(i) of such Act shall apply to the Board to the
extent practicable. Members of the Board may be reim-
bursed for actual expenses incurred in performance of
their duties for the Board. Not more than 5 percent of
the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the
Board and administer grants under this subsection.
5. All decisions of the Board, including grant recommendations,
shall be by majority vote of the members listed in paragraphs
(3)(A), (3)(F), (3)(G), (3)(J), and (3)(N), in consultation with the
other members. The five voting members may act on behalf of
the Board in all matters of administration, including the dispo-
sition of research funds not made available by this section, at
any time on or after October 1, 2000.
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Representative terms from entire chapter:
national wildlife
