To provide for the Conveyance to the Utrok Atoll Local Government of a Decommissioned National Oceanic and Atmospheric Administration Ship

TO PROVIDE FOR THE CONVEYANCE TO THE UTROK ATOLL LOCAL GOVERNMENT OF A DECOMMISSIONED NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SHIP

AMENDMENT NO. 2934
(Purpose: To repeal section 105 of the Consolidated Appropriations Act, 2004)
At the appropriate place, insert the following;

SEC. 305. REBUILDING FISH STOCKS.
Section 105 of division H of the Consolidated Appropriations Act, 2004, is repealed.
The amendment (No. 2935) was agreed to as follows:

AMENDMENT NO. 2935
(Purpose: To provide for implementation of the Pacific Albacore Tuna Treaty, and for other purposes)
On page 2, between lines 17 and 18, insert the following:
[Page S3116]

(C) Within 120 days after the date of enactment of this Act, the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, shall submit a plan for the use of the vessel to be conveyed under subsection (a) to the House of Representatives Committee on Resources, the House of Representatives Committee on Science, the Senate Committee on Energy and Natural Resources, and the Senate Committee on Commerce, Science, and Transportation.

On page 4, after line 6, add the following:
TITLE IV-PACIFIC ALBACORE TUNA TREATY SEC. 401. IMPLEMENTATION.
(a) IN GENERAL.-Notwithstanding anything to the contrary in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 28, 1981, including its Annexes and any amendments thereto.
(b) REGULATIONS.-The Secretary of Commerce, with the concurrence of the Secretary of State, may-

(1) promulgate regulations necessary to discharge the obligations of the United States under the Treaty and its Annexes; and
(2) provide for the application of any such regulation to any person or vessel subject to the jurisdiction of the United States, wherever that person or vessel may be located.

(c) ENFORCEMENT.-

(1) IN GENERAL.-The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall be enforced as if subsection (a) were a provision of that Act. Any reference in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to "this Act" or to any provision of that Act, shall be considered to be a reference to that Act as it would be in effect if subsection (a) were a provision of that Act.
(2) REGULATIONS.-The regulations promulgated under subsection (b), shall be enforced as if-

(A) subsection (a) were a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and
(B) the regulations were promulgated under that Act.

SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.
Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973d(a)) is amended by striking "outside of the 200 nautical mile fisheries zones of the Pacific Island Parties." and inserting "or to fishing by vessels using the longline method in the high seas areas of the Treaty area.".

Mr. BINGAMAN. Mr. President, I rise today in support of an amendment included in the package of amendments offered by the managers of H.R. 2584, a bill to provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes.

The Committee on Energy and Natural Resources, by virtue of its jurisdiction for the U.S. territories, has a long history in dealing with the islands of the former Trust Territory of the Pacific Islands. Utrok Atoll is one such group of islands located in the northern Marshall Islands, about 2500 miles southwest of Hawaii. One distinction of these islands is that they were affected by fallout from our Nation's first thermonuclear bomb test-the "Bravo" test held at Bikini Atoll in 1954. Since that time, the U.S. Government has been monitoring the health of the individuals affected, providing healthcare, and monitoring the radiation levels on the islands. All Americans should recognize the impact that the development of our nation's nuclear deterrent had on Utrok and the other affected communities at Enewetak, Bikini, and Rongelap. We have a continuing interest in their welfare.

This legislation, H.R. 2584, serves that continuing interest by authorizing the transfer of a decommissioned NOAA vessel to the Utrok local government to assist the community by improving transportation to the capital at Majuro. One reason to visit Majuro is to use the U.S. Department of Energy's whole-body counting facility located there. Members of the affected communities can get whole-body counts and reassure themselves about the efficacy of their radiation clean-up and remediation efforts.
One concern regarding the transfer of this vessel, however, is whether the community has properly planned for its use and operation. Over the years, the Energy Committee has been involved in several vessel transfers. Two common problems with these projects are that the vessels are found to be ill-suited to the needs of the community or the community lacks the resources to operate and maintain them.

I commend the managers of this bill for including an amendment that would require the Utrok government to submit a plan for the use of the vessel, including the identification of sources of funding for operations and maintenance. I understand that NOAA had an annual operating budget for this vessel of $2.9 million. While there would be economies available to reduce these costs, such as hiring a non-U.S. citizen crew, operation and maintenance costs will certainly be beyond the capacity of the Utrok local government. It is my hope that the Utrok local government will work with the Marshall Islands government and with other communities in the area to find the resources needed to make this project a success. If, in the end, the resources are not found, it may be necessary, as it has been in other cases, to sell the vessel in order to purchase a more suitable one, or to use the proceeds to meet the community's needs in other ways.

I thank the managers of this bill for including this amendment, and I look forward to reviewing with them, and with the Utrok community, the plan for this vessel's use.

The bill (H.R. 2584), as amended, was read the third time and passed.