§ 1166. — Financial assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1166]
TITLE 16--CONSERVATION
CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
SUBCHAPTER II--ADMINISTRATION OF PRIBILOF ISLANDS
Sec. 1166. Financial assistance
(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.
(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.)
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.
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.
Section Referred to in Other Sections
This section is referred to in section 1165 of this title.
