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"Section 20: North half, north half southeast quarter, southeast quarter southeast quarter.

“Section 21: All.
“Section 22: South half, south half north half, fractional.
"Section 23: South half, fractional.
“Section 24: South half, fractional.
“Section 25: All, excluding islets.
"Section 26: North half, north half southeast quarter, fractional.

“Section 27: East half, east half west half, northwest quarter, northwest quarter, southwest quarter southwest quarter.

"Section 28: Northeast quarter northeast quarter, southeast quarter southeast quarter.

"Section 31: Southwest quarter, west half southeast quarter.

“Township 76 South, Range 86 East "Section 30: Southwest quarter, including all fractional lands on west shore of Big Creek Bay.

“Section 31: East half west half, southwest quarter southeast quarter, northwest quarter southeast quarter.

"Township 77 South, Range 86 East “Section 2: North half, southeast quarter, north half southwest quarter.

“(b) SELECTION.—(1) For a period of one year after the date of enactment of this section, Haida Corporation shall be entitled to select lands from among those lands withdrawn pursuant to subsection (a). Haida Corporation shall notify the Secretary of the Interior which lands so withdrawn Haida Corporation wishes to select and shall designate which Haida Exchange Lands and/or outstanding selection rights under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) Haida Corporation intends to exchange or relinquish in return for its selections hereunder.

“(2) The exchange of lands selected by Haida Corporation pursuant to this subsection for Haida Exchange Lands or selection rights under section 16 of the Alaska Native Claims Settlement Act shall be on an acre-for-acre basis. The conveyance of lands to Haida Corporation and Sealaska pursuant to this subsection shall be deemed a conveyance of lands pursuant to the Alaska Native Claims Settlement Act.

“(3) After the selection is made pursuant to paragraph (1), the surface estate in lands selected by Haida Corporation shall be conveyed to Haida Corporation subject to valid existing rights and the subsurface estate in such lands shall be conveyed to Sealaska Corporation subject to valid existing rights in partial fulfillment of such corporations' entitlement under the Alaska Native Claims Settlement Act and pursuant to the provisions of that Act: Provided, That the United States shall reserve the recorded existing easement, three hundred feet in total width on the Sulzer Portage trail between Cholmondley Sound and Hetta Inlet: Provided however, That timber occurring within those portions of the easement boundaries that traverse lands owned by Haida Corporation shall remain the property of Haida Corporation. The Secretary of Agriculture shall Transportation. allow the State of Alaska use of such easement for a transportation Highways and corridor.

roads.

"(c) DURATION.-The withdrawal made pursuant to subsection (a) shall terminate ninety days after the United States has conveyed the surface and subsurface estates of all lands selected by Haida Corporation pursuant to subsection (b) to Haida Corporation and Sealaska Corporation respectively, or one year after the date of enactment of this section, whichever is later.

"d) PROHIBITION.-Haida Corporation shall not be entitled to select lands pursuant to this Act or section 16 of the Alaska Native Claims Settlement Act in the area referred to in section 508(7) of the Alaska National Interest Lands Conservation Act.”.

TITLE V-MISCELLANEOUS PROVISIONS

16 USC 539e note.

SEC. 501. POTENTIAL ACQUISITION OF PREVIOUSLY HARVESTED LANDS.

(a) No later than one year after the date of enactment of this Act, the Secretary shall complete a study regarding the feasibility of acquiring private lands located within the boundary of the Tongass National Forest, which have been significantly harvested. Such study shall include, but not be limited to:

(1) a description of such lands;
(2) a status report regarding the ownership of such lands;

(3) an assessment of the suitability of such lands for future timber management, including potential timber production;

(4) an assessment of other present and future resource values associated with such lands; and

(5) an estimate of the cost of acquiring such lands. (b) Upon completion of the study, the Secretary shall transmit it to the Committee on Energy and Natural Resources of the Senate and Committee on Interior and Insular Affairs of the House of Representatives. SEC. 502. LAKE FLORENCE NEGOTIATIONS.

During the sixty-day period beginning on the date of enactment of this Act, the Secretary is directed to engage in expedited negotiations with Shee Atika, Inc., Atikon, Inc., and Sealaska for independent voluntary exchange agreements through which the United States would acquire all of the surface estate or all of the surface and subsurface estates held by these private parties in the Lake Florence, Lake Kathleen, and Wards Creek drainages of Admiralty Island. The first priority of such negotiations shall be acquisition of the Lake Florence drainage.

Approved November 28, 1990.

LEGISLATIVE HISTORY-H.R. 987:
HOUSE REPORTS: No. 101-84, Pt. 1 (Comm. on Interior and Insular Affairs) and

Pt. 2 (Comm. on Agriculture); and No. 101-931 (Comm. of

Conference).
SENATE REPORTS: No. 101-261 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:

Vol. 135 (1989): July 13, considered and passed House.
Vol. 136 (1990): June 12, 13, considered and passed Senate, amended.

Oct. 24, Senate agreed to conference report.
Oct. 26, House agreed to conference report.

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Nov. 28, 1990 [H.R. 2061]

To authorize appropriations to carry out the Magnuson Fishery Conservation and

Management Act through fiscal year 1993, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

Fishery
Conservation
Amendments of
1990.
16 USC 1801
note.

SHORT TITLE; TABLE OF CONTENTS

SECTION 1. (a) SHORT TITLE.—The Act may be cited as the “Fishery Conservation Amendments of 1990”.

(b) TABLE OF CONTENTS.

Sec. 1. Short title; table of contents.
TITLE I-AMENDMENTS TO MAGNUSON FISHERY CONSERVATION AND

MANAGEMENT ACT
Sec. 101. Findings, purposes, and policy.
Sec. 102. Definitions.
Sec. 103. Authority with respect to highly migratory species.
Sec. 104. Foreign fishing.
Sec. 105. Existing international fishery agreements.
Sec. 106. Permits for foreign fishing.
Sec. 107. Driftnet fishing.
Sec. 108. Regional Councils.
Sec. 109. Contents of fishery management plans.
Sec. 110. Action by Secretary of fishery management plans.
Sec. 111. Implementation of fishery management plans.
Sec. 112. State jurisdiction.
Sec. 113. Prohibition of certain acts.
Sec. 114. Civil penalties and permit sanctions.
Sec. 115. Criminal offenses and penalties.
Sec. 116. Civil forfeitures.
Sec. 117. Enforcement.
Sec. 118. North Pacific fisheries research plan.
Sec. 119. Authorization of appropriations.
Sec. 120. Miscellaneous technical amendments.

TITLE II-ATLANTIC TUNAS CONVENTION ACT OF 1975
Sec. 201. Limitations on appointments of Commissioners.
Sec. 202. Termination of current terms and completion of pending appointments.
Sec. 203. Travel expenses of Commissioners.
Sec. 204. Travel expenses of advisory committee.
Sec. 205. Species working groups.
Sec. 206. Regulations to carry out Commission recommendations.
Sec. 207. Recommended Commission actions regarding large-scale driftnet fishing

and conservation of Atlantic swordfish. Sec. 208. Authorization of appropriations.

TITLE III-FISHERMEN'S PROTECTIVE ACT OF 1967 Sec. 301. Vessel seizure reimbursement authority.

TITLE IV-ANADROMOUS FISH CONSERVATION ACT Sec. 401. Authorization of appropriations.

TITLE V-INTERJURISDICTIONAL FISHERIES ACT OF 1986 Sec. 501. Clarification of appointment limitation.

Sec. 502. Federal share of activities carried out with additional appropriations.
Sec. 503. Authorization of appropriations.
TITLE VI–CENTRAL, WESTERN, AND SOUTH PACIFIC FISHERIES

DEVELOPMENT ACT
Sec. 601. Authorization of appropriations.

TITLE VII–NATIONAL FISH AND SEAFOOD PROMOTIONAL COUNCIL
Sec. 701. Extension of termination date.
Sec. 702. Authorization of appropriations.
Sec. 703. Transfer of Saltonstall-Kennedy funds.
Sec. 704. Continuity of National Council membership.
Sec. 705. Continuity of Council functions, contracts, and personnel.

TITLE VIII—MISCELLANEOUS
Sec. 801. Certificate of legal origin for anadromous fish products.

TITLE IX-DOLPHIN PROTECTION CONSUMER INFORMATION
Sec. 901. Dolphin protection.

TITLE X-FISHERIES COMMISSION Sec. 1001. Redesignation of Fisheries Commission.

TITLE XI-REPORT ON MARINE MAMMALS Sec. 1101. Report on certain marine mammal populations.

TITLE I-AMENDMENTS TO MAGNUSON FISHERY

CONSERVATION AND MANAGEMENT ACT

FINDINGS, PURPOSES, AND POLICY

SEC. 101. (a) FINDINGS.-Section 2(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(a) is amended by adding at the end the following new paragraph:

"(8) The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the

fishery resources of the United States.". (b) PURPOSES.—(1) Section 2(b)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(b)(1)) is amended by striking “except highly migratory species”.

(2) Section 2(b)(5) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(b)(5)) is amended by striking “prepare, monitor, and revise” and inserting in lieu thereof “exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of".

(c) POLICY.-Section 2(c) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(c)) is amended

(1) in paragraph (3) by inserting "considers the effects of fishing on immature fish and encourages development of practical measures that avoid unnecessary waste of fish;” immediately after “and enforcement;”.

(2) by striking "and" at the end of paragraph (4); and

(3) by striking the period at the end of paragraph (5) and inserting in lieu thereof “, and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; and"; and

(4) by adding at the end the following new paragraph: “(6) to foster and maintain the diversity of fisheries in the United States.”.

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