House Report 106-201 - YUKON RIVER SALMON ACT OF 1999

[House Report 106-201]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-201

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YUKON RIVER SALMON ACT OF 1999

_______

June 25, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

[To accompany H.R. 1652]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 1652) to establish the Yukon River Salmon Advisory Panel,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Yukon River Salmon Act of 1999''.

SEC. 2. YUKON RIVER SALMON PANEL.

(a) Establishment.--
(1) In general.--There shall be a Yukon River Salmon Panel
(in this Act referred to as the ``Panel'').
(2) Functions.--The Panel shall--
(A) advise the Secretary of State regarding the
negotiation of any international agreement with Canada
relating to management of salmon stocks originating
from the Yukon River in Canada;
(B) advise the Secretary of the Interior regarding
restoration and enhancement of such salmon stocks; and
(C) perform other functions relating to conservation
and management of such salmon stocks as authorized by
this or any other Act.
(3) Designation as united states representatives on bilateral
body.--The Secretary of State may designate the members of the
Panel to be the United States representatives on any successor
to the panel established by the interim agreement for the
conservation of salmon stocks originating from the Yukon River
in Canada agreed to through an exchange of notes between the
Government of the United States and the Government of Canada on
February 3, 1995, if authorized by any agreement establishing
such successor.
(b) Membership.--
(1) In general.--The Panel shall be comprised of six members,
as follows:
(A) One member who is an official of the United
States Government with expertise in salmon conservation
and management, who shall be appointed by the Secretary
of State.
(B) One member who is an official of the State of
Alaska with expertise in salmon conservation and
management, who shall be appointed by the Governor of
Alaska.
(C) Four members who are knowledgeable and
experienced with regard to the salmon fisheries on the
Yukon River, who shall be appointed by the Secretary of
State in accordance with paragraph (2).
(2) Appointees from alaska.--(A) The Secretary of State shall
appoint the members under paragraph (1)(C) from a list of at
least 3 individuals nominated for each position by the Governor
of Alaska.
(B) In making the nominations, the Governor of Alaska may
consider suggestions for nominations provided by organizations
with expertise in Yukon River salmon fisheries.
(C) The Governor of Alaska may make appropriate nominations
to allow for appointment of, and the Secretary of State shall
appoint, under paragraph (1)(C)--
(i) at least one member who is qualified to represent
the interests of Lower Yukon River fishing districts;
and
(ii) at least one member who is qualified to
represent the interests of Upper Yukon River fishing
districts.
(D) At least one of the members appointed under paragraph
(1)(C) shall be an Alaska Native.
(3) Alternates.--(A) The Secretary of State may designate an
alternate Panel member for each Panel member the Secretary
appoints under paragraphs (1) (A) and (C), who meets the same
qualifications, to serve in the absence of the Panel member.
(B) The Governor of the State of Alaska may designate an
alternative Panel member for the Panel member appointed under
subsection (b)(1)(B), who meets the same qualifications, to
serve in the absence of that Panel member.
(c) Term Length.--Panel members and alternate Panel members shall
serve four-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed for the
remainder of that term.
(d) Reappointment.--Panel members and alternate Panel members shall
be eligible for reappointment.
(e) Decisions.--Decisions of the Panel shall be made by the consensus
of the Panel members appointed under subparagraphs (B) and (C) of
subsection (b)(1).
(f) Consultation.--In carrying out their functions, Panel members may
consult with such other interested parties as they consider
appropriate.

SEC. 3. ADVISORY COMMITTEE.

(a) Appointments.--The Governor of Alaska may establish and appoint
an advisory committee of not less than 8, but not more than 12,
individuals who are knowledgeable and experienced with regard to the
salmon fisheries on the Yukon River. At least 2 of the advisory
committee members shall be Alaska Natives. Members of the advisory
committee may attend all meetings of the Panel, and shall be given the
opportunity to examine and be heard on any matter under consideration
by the Panel.
(b) Compensation.--The members of such advisory committee shall
receive no compensation for their services.
(c) Term Length.--Members of such advisory committee shall serve two-
year terms. Any individual appointed to fill a vacancy occurring before
the expiration of any term shall be appointed for the remainder of that
term.
(d) Reappointment.--Members of such advisory committee shall be
eligible for reappointment.

SEC. 4. EXEMPTION.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Panel or to an advisory committee established under section 3.

SEC. 5. AUTHORITY AND RESPONSIBILITY.

(a) Responsible Management Entity.--The State of Alaska Department of
Fish and Game shall be the responsible management entity for the United
States for the purposes of any agreement with Canada regarding
management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of Designation.--The designation under subsection (a)
shall not be considered to expand, diminish, or otherwise change the
management authority of the State of Alaska or the Federal Government
with respect to fishery resources.
(c) Recommendations of Panel.--In addition to recommendations made by
the Panel to the responsible management entities in accordance with any
agreement with Canada regarding management of salmon stocks originating
from the Yukon River in Canada, the Panel may make recommendations
concerning the conservation and management of salmon originating in the
Yukon River to the Department of the Interior, the Department of
Commerce, the Department of State, the North Pacific Fishery Management
Council, and other Federal or State entities as appropriate.
Recommendations by the Panel shall be advisory in nature.

SEC. 6. ADMINISTRATIVE MATTERS.

(a) Compensation.--Panel members and alternate Panel members who are
not State or Federal employees shall receive compensation at the daily
rate of GS-15 of the General Schedule when engaged in the actual
performance of duties.
(b) Travel and Other Necessary Expenses.--Travel and other necessary
expenses shall be paid by the Secretary of the Interior for all Panel
members, alternate Panel members, and members of any advisory committee
established under section 3 when engaged in the actual performance of
duties.
(c) Treatment as Federal Employees.--Except for officials of the
United States Government, all Panel members, alternate Panel members,
and members of any advisory committee established under section 3 shall
not be considered to be Federal employees while engaged in the actual
performance of duties, except for the purposes of injury compensation
or tort claims liability as provided in chapter 81 of title 5, United
States Code, and chapter 71 of title 28, United States Code.

SEC. 7. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT PROJECTS.

(a) In General.--The Secretary of the Interior, in consultation with
the Secretary of Commerce, may carry out projects to restore or enhance
salmon stocks originating from the Yukon River in Canada and the United
States.
(b) Cooperation With Canada.--If there is in effect an agreement
between the Government of the United States and the Government of
Canada for the conservation of salmon stocks originating from the Yukon
River in Canada that includes provisions governing projects authorized
under this section, then--
(1) projects under this section shall be carried out in
accordance with that agreement; and
(2) amounts available for projects under this section--
(A) shall be expended in accordance with the
agreement; and
(B) may be deposited in any joint account established
by the agreement to fund such projects.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of the
Interior to carry out this Act $4,000,000 for each of fiscal years
2000, 2001, 2002, and 2003, of which--
(1) such sums as are necessary shall be available each fiscal
year for travel expenses of Panel members, alternate Panel
members, United States members of the Joint Technical Committee
established by paragraph C.2 of the memorandum of understanding
concerning the Pacific Salmon Treaty between the Government of
the United States and the Government of Canada (recorded
January 28, 1985), and members of an advisory committee
established and appointed under section 3, in accordance with
Federal Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code;
(2) such sums as are necessary shall be available for the
United States share of expenses incurred by the Joint Technical
Committee and any panel established by any agreement between
the Government of the United States and the Government of
Canada for restoration and enhancement of salmon originating in
Canada;
(3) up to $3,000,000 shall be available each fiscal year for
activities by the Department of the Interior and the Department
of Commerce for survey, restoration, and enhancement activities
related to salmon stocks originating from the Yukon River in
Canada, of which up to $1,200,000 shall be available each
fiscal year for Yukon River salmon stock restoration and
enhancement projects under section 7(b); and
(4) $600,000 shall be available each fiscal year for
cooperative salmon research and management projects in the
portion of the Yukon River drainage located in the United
States that are recommended by the Panel.

PURPOSE OF THE BILL

The purpose of H.R. 1652 is to establish the Yukon River
Salmon Advisory Panel.

BACKGROUND AND NEED FOR LEGISLATION

Over a ten-year period beginning in 1985, the United States
and Canada met to negotiate a long-term agreement for the
conservation of salmon stocks originating from the Yukon River
in Canada. The headwaters of the Yukon River are located in
Canada, and fishermen from both the United States and Canada
harvest salmon originating there. Concerns over the level of
each country's harvest and the conservation of the stocks
sparked the negotiations between the U.S. and Canada.
On February 3, 1995, the United States and Canada agreed,
through an exchange of diplomatic notes, on an interim
agreement for the conservation of salmon stocks originating
from the Yukon River in Canada. The interim agreement
implemented provisions agreed to by the parties and allowed the
institutional arrangements to commence while negotiations
continued on a long-term arrangement. This agreement was
scheduled to expire on December 31, 1997, but it was extended
until March 1998 to allow for future negotiations. The
negotiations were unsuccessful and the interim agreement
expired.
The United States implemented the interim agreement through
the enactment of the Fisheries Act of 1995 (Public Law104-43,
Section VII). The implementing legislation created the United
States section of the Yukon River Salmon Panel and a U.S.
Advisory Committee. The U.S. section of the Panel is comprised
of six members--a Federal official, appointed by the Secretary
of State; a State of Alaska official, appointed by its
Governor; and four knowledgeable and experienced individuals,
nominated by the Governor of Alaska and appointed by the
Secretary of State. Out of these four individuals, one is
required to represent the interests of the lower Yukon River
Fishing Districts, one must represent the interests of the
upper Yukon River Fishing Districts, and at least one Panel
member must be an Alaskan Native. Each member serves a four-
year term. The Act also created an Advisory Committee comprised
of at least eight but no more than 12 individuals, with at
least two members required to be Alaskan Natives. The Governor
of Alaska appoints the Advisory Committee members, who serve
two-year terms.
The Fisheries Act of 1995 authorized appropriations of $4
million for each fiscal year to carry out the Agreement. Of
this appropriation, not more than $3 million was authorized for
each fiscal year for the Department of the Interior and the
Department of Commerce for survey, restoration, and enhancement
activities. In addition, $400,000 was authorized for fiscal
years 1996-1999 for the Yukon River Restoration and Enhancement
Fund. To date, $200,000 has been appropriated annually for
Yukon River Panel activities and $400,000 for the joint Yukon
River Restoration and Enhancement Fund. Panel activities
covered under the appropriation include travel expenses of the
Panel members, alternate Panel members, U.S. members of the
Joint Technical Committee, and members of the Advisory
Committee when they are engaged in the actual performance of
duties. The Restoration and Enhancement Fund is managed by the
Panel. The Fund supports programs and directly associated
research and management activities on either side of the U.S.-
Canada border, based on recommendations by the Joint Technical
Committee and are directed toward the restoration and
enhancement of Canadian-origin salmon stocks.
Because the interim agreement has expired, it was unclear
whether the Panel or the Advisory Committee, which were
described in the interim agreement and created in the 1995 Act,
were still viable. H.R. 1652 clarifies that the Panel and
Advisory Committee remain in place to advise and recommend
restoration and enhancement projects in lieu of an agreement.
These Panel members and Advisory Committee members would also
remain in place should a long-term agreement be implemented.
In addition, H.R. 1652 authorizes funds for restoration and
enhancement projects on the U.S. side of the Yukon River. If
there is an agreement in effect between the U.S. and the
Canada, funds are also authorized for joint restoration and
enhancement projects. The projects and funds should be carried
out and expended in accordance with any future agreement
reached between the two countries.

COMMITTEE ACTION

H.R. 1652 was introduced on April 29, 1999, by Congressmen
Don Young (R-AK) and Jim Saxton (R-NJ). The bill was referred
to the Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On
March 11, 1999, the Subcommittee held a hearing on the interim
agreement, the 1995 Yukon River Salmon Act, and the need to
allow the U.S. section of the Yukon River Panel to function
without an agreement with Canada. The Administration testified
in support of these measures. On May 6, 1999, the Subcommittee
met to mark up the bill. There were no amendments and the bill
was ordered favorably reported to the Full Committee by voice
vote. On June 9, 1999, the Full Resources Committee met to
consider the bill. Mr. Saxton offered an amendment in the
nature of a substitute which made technical changes requested
by the Administration. It was adopted by voice vote. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by voice vote.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

This section establishes the short title of the Act as the
``Yukon River Salmon Act of 1999.''

Section 2. Yukon River Panel

This section establishes the Yukon River Panel, its
membership, functions, and designation as United States
representatives on any future bilateral body. Membership on the
Panel includes a federal government official, an official of
the State of Alaska, and four Alaskans who are knowledgeable
andexperienced with regard to salmon fisheries on the Yukon
River. The designation of alternates, term lengths, and the decision
process are also described.
It is the intent of the Committee under section 2(a)(3) of
H.R. 1652 that the Secretary of State, when negotiating an
agreement with Canada, include in the agreement language that
makes it clear that the Panel created in this legislation is
the Panel to represent the United States in any future
agreement with Canada on the conservation and management of
Yukon River salmon stocks originating in Canada and the United
States.

Section 3. Advisory Committee

This section establishes the Advisory Committee. The
Governor of Alaska may establish and appoint an Advisory
Committee of not less than eight, but not more than 12,
individuals who are knowledgeable and experienced with regard
to salmon fisheries on the Yukon River. Advisory Committee
members receive no compensation. Term lengths are two years and
members may be reappointed.

Section 4. Exemption

This section clarifies that the Panel and Advisory
Committee are exempt from the requirements of the Federal
Advisory Committee Act.

Section 5. Authority and responsibility

This section directs that the State of Alaska Department of
Fish and Game shall be named as the responsible management
entity for the United States. It also requires that the Panel
make recommendations to the responsible management entity. In
addition, the Panel can also make recommendations to the
Department of the Interior, Department of Commerce, the
Department of State, the North Pacific Fishery Management
Council, and other federal or State entities. This section also
clarifies that all of the Panel's recommendations are advisory
in nature.

Section 6. Administrative matters

This section allows the Panel members and its alternates to
receive compensation when engaged in the actual performance of
duties. Travel expenses will be paid for the Panel members,
alternates and any Advisory Committee member when performing
their duties. None of the Panel members, alternates, or
Advisory Committee members shall be considered federal
employees while engaged in their duties, except for injury
compensation or tort claims liability.

Section 7. Yukon River salmon stock restoration and enhancement
projects

This section authorizes the Secretary of the Interior, in
consultation with the Secretary of Commerce, to carry out
projects to restore or enhance Yukon River salmon stocks. If
there is an agreement in effect between the United States and
Canada, this section allows money to be used for projects on
the Canadian side of the Yukon River. Projects under this
section shall be carried out in accordance with the agreement,
and amounts available for projects shall be expended in
accordance with the agreement and may be deposited in a joint
account established by the agreement.

Section 8. Authorization of appropriations

This section authorizes an appropriation of $4 million to
the Secretary of the Interior for each of fiscal years 2000-
2003. The authorization of appropriation allows for travel
expenses for the Panel members, alternate Panel members, and
United States members of the Joint Technical Committee to be
covered. In addition, any expenses incurred by the United
States section of the Joint Technical Committee are authorized
to be covered. Up to $3 million shall be available in each
fiscal year for activities by the Department of the Interior
and the Department of Commerce for survey, restoration, and
enhancement activities related to Yukon River salmon stocks.
Out of the $3 million, up to $1.2 million shall be available
for projects under section 7(b) of the Act. In addition,
$600,000 is earmarked for projects in the portion of the Yukon
River drainage located in the United States that are
recommended by the Panel.
It is the Committee's intention that the $600,000 be used
only for United States projects and not to cover any of the
administrative costs funded under paragraphs 1 and 2 of this
section. In addition, any money appropriated under paragraph 3
of this section shall be used for both United States and
Canadian projects. However, projects on the Yukon River
originating in Canada will only be funded if there is an
agreement in effect between the United States and Canada for
the conservation and management of Yukon River salmon stocks.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.

FEDERAL ADVISORY COMMITTEE STATEMENT

The advisory committee authorized in H.R. 1652 is already
authorized by existing law, and its functions could not be
performed by one or more federal agencies nor by enlarging the
mandate of another existing advisory committee.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1652, the Yukon
River Salmon Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

H.R. 1652--Yukon River Salmon Act of 1999

Summary: Assuming appropriation of the authorized amounts,
CBO estimates that the federal government would spend about $16
million over the next five years to implement H.R. 1652. The
bill would not affect direct spending or receipts; therefore,
pay-as-you-go procedures would not apply. H.R. 1652 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of states, local, or tribal
governments.
H.R. 1652 would reauthorize the Yukon River Salmon Panel,
which advises the Secretary of State on the negotiation of
international agreements with Canada regarding management of
certain salmon stocks from the Yukon River. This 6-member,
salaried panel also advised the Secretaries of State, Commerce,
and the Interior and other regulatory bodies on the
conservation and management of such salmon stocks. The bill
also would reauthorize a related advisory committee, an unpaid
group of local citizens and other knowledgeable individuals who
advise the panel.
Section 7 of the bill would authorize the Secretary of the
Interior, in consultation with the Secretary of Commerce, to
carry out projects to restore salmon stocks originating from
the Yukon River in Canada and the United States. Section 8
would authorize the appropriation of $4 million for each of
fiscal years 2000 through 2003 to carry out the legislation. Of
this amount, $3 million would be available to the Secretaries
of Commerce and the Interior for surveys and restoration
projects and $0.6 million would be used for salmon research and
management projects. The balance would cover administrative
expenses such as panel salaries, travel expenses of the panel,
the advisory committee, and the Joint Technical Committee
established under a memorandum of understanding with Canada.
Such costs also could include the United States' share of
restoration costs that may be incurred under any future
agreement between the U.S. and Canada.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1652 is shown in the following table.
For purposes of this estimate, CBO assumes that the entire
amounts authorized will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar programs. The costs of this legislation fall within
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
Budget authority \1\.................................. 1 0 0 0 0 0
Estimated outlays..................................... 1 0 0 0 0 0
Proposed changes:
Authorization level................................... 0 4 4 4 4 0
Estimated outlays..................................... 0 3 4 4 4 1
Spending under H.R. 1652:
Authorization level \1\............................... 1 4 4 4 4 0
Estimated outlays..................................... 1 3 4 4 4 1
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.

Pay-as-you-go considerations: None.
Estimated impact on state, local, and tribal governments:
H.R. 1652 contains no intergovernmental or private-sector
mandates as defined in UMRA and would have no significant
impact on the budgets of state, local, or tribal governments.
Estimate prepared by: Deborah Reis.
Estimate Approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104-4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or
tribal law.

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing
law.