43 U.S.C. § 1474d : US Code - Section 1474D: Environmental Improvement and Restoration Fund

Search 43 U.S.C. § 1474d : US Code - Section 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)
(M) one member nominated by the Governor of Oregon and
appointed by the Secretary of Commerce.(!2)
(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 15 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.