S 190 — North Pacific Research Board Enhancement Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

 DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
1998

 * * * * * * *

 [43 U.S.C. 1474d(e)]

 TITLE IV--ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND

 Sec. 401. (a) * * *
 (b) * * *
 (c) * * *
 (d) * * *
 (e) Marine Research Activities.--(1) [Funds available under 
subsection (c)(2) shall be used] Not later than 14 days after 
the start of each fiscal year, funds shall be made available 
under subsection (c)(2) 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) * * *
 (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, who 
 shall also be a co-chair of the Board;
 (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]
 (M) one member nominated by the Governor of Oregon 
 and appointed by the Secretary of Commerce[.];
 (N) one member who shall represent fishing interests 
 and shall be nominated by the Board and appointed by 
 the Secretary[.]; and
 (O) one member who shall represent Alaska Natives and 
 possesses personal knowledge of, and direct experience 
 with, subsistence uses 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. Board 
members appointed under subparagraphs (N) and (O) shall serve 
for 3-year terms, and may be reappointed once.
 (4)(A) * * *
 (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 302(g) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) for the purposes of section 302(i)(1) of such Act, and 
the other procedural matters applicable to advisory panels 
under section 302(i) of such Act 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] Except as provided in 
paragraph (5), 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) If the amount made available for a fiscal year under 
subsection (c)(2) is less than the amount made available for 
the previous fiscal year, the Administrator of the National 
Oceanic and Atmospheric Administration may increase the 15 
percent cap on administrative expenses provided under paragraph 
(4)(B) for that fiscal year to prioritize--
 (A) continuing operation of the Board;
 (B) maximizing the percentage of funds directed to 
 research; and
 (C) maintaining the highest quality standards in 
 administering grants under this subsection.
 [(5)](6) 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.
 (f) * * *