§ 1161. — Administration of fur seal rookeries and other Federal real and personal property on Pribilof Islands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1161]
TITLE 16--CONSERVATION
CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
SUBCHAPTER II--ADMINISTRATION OF PRIBILOF ISLANDS
Sec. 1161. Administration of fur seal rookeries and other
Federal real and personal property on Pribilof Islands
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.
(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.)
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.
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.
