§ 3645. — Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and Southern Boundary Restoration and Enhancement Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3645]
TITLE 16--CONSERVATION
CHAPTER 56A--PACIFIC SALMON FISHING
Sec. 3645. Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund and Southern Boundary
Restoration and Enhancement fund
(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).
(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.)
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.
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.
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.''
