§ 1474d. — Environmental Improvement and Restoration 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: 43USC1474d]
TITLE 43--PUBLIC LANDS
CHAPTER 31--DEPARTMENT OF THE INTERIOR
Sec. 1474d. Environmental Improvement and Restoration Fund
(a) Fund
One half of the amounts awarded by the Supreme Court to the United
States in the case of United States of America v. State of Alaska (117
S.Ct. 1888) shall be deposited in a fund in the Treasury of the United
States to be known as the ``Environmental Improvement and Restoration
Fund'' (referred to in this section as the ``Fund'').
(b) Investments
(1) In general
The Secretary of the Treasury shall invest amounts in the Fund
in interest bearing obligations of the United States.
(2) Acquisition of obligations
For the purpose of investments under paragraph (1), obligations
may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations
Any obligations acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
(4) Credits to Fund
The interest earned from investments of the Fund shall be
covered into and form a part of the Fund.
(c) Transfer and availability of amounts earned
Each year, interest earned and covered into the Fund in the previous
fiscal year shall be made available as follows:
(1) To the extent provided in the subsequent appropriations
Acts, 80 percent of such amounts shall be made available to be
equally divided among the Directors of the National Park Service,
the United States Fish and Wildlife Service, the Bureau of Land
Management, and the Chief of the Forest Service for high priority
deferred maintenance and modernization of facilities that directly
enhance the experience of visitors, including natural, cultural,
recreational, and historic resources protection projects in National
Parks, National Wildlife Refuges, and the public lands respectively
as provided in subsection (d) of this section and for payment to the
State of Louisiana and its lessees for oil and gas drainage in the
West Delta field. The Secretary shall submit with the annual budget
submission to Congress a list of high priority maintenance and
modernization projects for congressional consideration.
(2) 20 percent of such amounts shall be made available without
further appropriation to the Secretary of Commerce for the purpose
of carrying out marine research activities in the North Pacific in
accordance with subsection (e) of this section.
(d) Projects
A project referred to in subsection (c)(1) of this section shall be
consistent with the laws governing the National Park System, the
National Wildlife Refuge System, the public lands and Forest Service
lands and management plan for such unit.
(e) Marine research activities
(1) Funds available under subsection (c)(2) of this section shall be
used by the Secretary of Commerce according to this subsection to
provide grants to Federal, State, private or foreign organizations or
individuals to conduct research activities on or relating to the
fisheries or marine ecosystems in the north Pacific Ocean, Bering Sea,
and Arctic Ocean (including any lesser related bodies of water).
(2) Research priorities and grant requests shall be reviewed by a
board to be known as the North Pacific Research Board (referred to in
this subsection as the ``Board''). The Board shall seek to avoid
duplicating other research activities, and shall place a priority on
cooperative research efforts designed to address pressing fishery
management or marine ecosystem information needs.
(3) The Board shall be comprised of the following representatives or
their designees--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game;
(G) the Chairman of the North Pacific Fishery Management
Council;
(H) the Chairman of the Arctic Research Commission;
(I) the Director of the Oil Spill Recovery Institute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of Alaska and
appointed by the Secretary of Commerce, one of whom shall represent
fishing interests, one of whom shall represent Alaska Natives, one
of whom shall represent environmental interests, one of whom shall
represent academia, and one of whom shall represent oil and gas
interests;
(L) three members nominated by the Governor of Washington and
appointed by the Secretary of Commerce; and \1\
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\1\ So in original. The word ``and'' probably should not appear.
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(M) one member nominated by the Governor of Oregon and appointed
by the Secretary of Commerce.\2\
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\2\ So in original. The period probably should be ``; and''.
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(N) one member who shall represent fishing interests and shall
be nominated by the Board and appointed by the Secretary.
The members of the Board shall be individuals knowledgeable by
education, training, or experience regarding fisheries or marine
ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.
Three nominations shall be submitted for each member to be appointed
under subparagraphs (K), (L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for three-year terms, and
may be reappointed.
(4)(A) The Secretary of Commerce shall review grants recommended by
the Board. If the Secretary does not approve a grant recommended by the
Board, the Secretary shall explain in writing the reasons for not
approving such grant, and the amount recommended to be used for such
grant shall be available only for other grants recommended by the Board.
(B) The Board shall establish written criteria for the submission of
grant requests through a competitive process and for deciding upon the
award of grants. Grants shall be recommended by the Board on the basis
of merit in accordance with the priorities established by the Board. The
Secretary shall provide the Board such administrative and technical
support as is necessary for the effective functioning of the Board. The
Board shall be considered an advisory panel established under section
1852(g) of title 16 for the purposes of section 1852(i)(1) of title 16,
and the other procedural matters applicable to advisory panels under
section 1852(i) of title 16 shall apply to the Board to the extent
practicable. Members of the Board may be reimbursed for actual expenses
incurred in performance of their duties for the Board. Not more than 5
percent of the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the Board and
administer grants under this subsection.
(5) All decisions of the Board, including grant recommendations,
shall be by majority vote of the members listed in paragraphs (3)(A),
(3)(F), (3)(G), (3)(J), and (3)(N), in consultation with the other
members. The five voting members may act on behalf of the Board in all
matters of administration, including the disposition of research funds
not made available by this section, at any time on or after October 1,
2000.
(Pub. L. 105-83, title IV, Sec. 401, Nov. 14, 1997, 111 Stat. 1607; Pub.
L. 105-277, div. A, Sec. 101(e) [title III, Sec. 331], Oct. 21, 1998,
112 Stat. 2681-231, 2681-293; Pub. L. 106-113, div. B, Sec. 1000(a)(3)
[title III, Sec. 352(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A-209; Pub.
L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(2)], Dec. 21,
2000, 114 Stat. 2763, 2763A-239.)
Amendments
2000--Subsec. (e)(2). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
I, Sec. 144(c)(2)(A)], struck out ``and recommended for Secretarial
approval'' after ``shall be reviewed''.
Subsec. (e)(3)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(2)(B)], struck out ``, who shall be a co-chair of the
Board'' before semicolon at end.
Subsec. (e)(3)(F). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(2)(C)], which directed amendment of subpar. (F) by striking
out ``, who shall be a co-chair of the Board'', was executed by striking
out ``, who shall also be a co-chair of the Board'' before semicolon at
end to reflect the probable intent of Congress.
Subsec. (e)(3)(N). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(2)(G)], which directed amendment of par. (3) by adding
subpar. (N) at the end, was executed by adding subpar. (N) after subpar.
(M), to reflect the probable intent of Congress.
Subsec. (e)(4)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(2)(D)], struck out ``and administer'' after ``shall
review''.
Subsec. (e)(4)(B). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(2)(E)], struck out ``Grant recommendations and other
decisions of the Board shall be by majority vote, with each member
having one vote.'' after ``(B)''.
Subsec. (e)(5). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(2)(F)], added par. (5).
1999--Subsec. (c). Pub. L. 106-113, Sec. 1000(a)(3) [title III,
Sec. 352(a)(1)], substituted ``made available'' for ``available for
appropriation, to the extent provided in the subsequent appropriations
Acts,'' in introductory provisions, inserted ``To the extent provided in
the subsequent appropriations Acts,'' before ``80 percent of such
amounts'' in par. (1), and ``without further appropriation'' after ``20
percent of such amounts shall be made available'' in par. (2).
Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(3) [title III,
Sec. 352(a)(2)], struck out heading and text of subsec. (f). Text read
as follows: ``If amounts are not assumed by the concurrent budget
resolution and appropriated from the Fund by December 15, 1999, the Fund
shall terminate and the amounts in the Fund including the accrued
interest shall be applied to reduce the Federal deficit.''
1998--Subsec. (f). Pub. L. 105-277 substituted ``1999'' for
``1998''.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.