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§ 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.
---------------------------------------------------------------------------
        (M) one member nominated by the Governor of Oregon and appointed 
    by the Secretary of Commerce.\2\
---------------------------------------------------------------------------
    \2\ So in original. The period probably should be ``; and''.
---------------------------------------------------------------------------
        (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.



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