
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
