text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National Whale Conservation Fund Act 
  of 1998''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) the populations of whales that occur in waters of the 
          United States are resources of substantial ecological, 
          scientific, socioeconomic, and esthetic value;
              (2) whale populations--
                      (A) form a significant component of marine 
                  ecosystems;
                      (B) are the subject of intense research;
                      (C) provide for a multimillion dollar whale 
                  watching tourist industry that provides the public an 
                  opportunity to enjoy and learn about great whales and 
                  the ecosystems of which the whales are a part; and
                      (D) are of importance to Native Americans for 
                  cultural and subsistence purposes;
              (3) whale populations are in various stages of recovery, 
          and some whale populations, such as the northern right whale 
          (Eubaleana glacialis) remain perilously close to extinction;
              (4) the interactions that occur between ship traffic, 
          commercial fishing, whale watching vessels, and other 
          recreational vessels and whale populations may affect whale 
          populations adversely;
              (5) the exploration and development of oil, gas, and hard 
          mineral resources, marine debris, chemical pollutants, noise, 
          and other anthropogenic sources of change in the habitat of 
          whales may affect whale populations adversely;
              (6) the conservation of whale populations is subject to 
          difficult challenges related to--
                      (A) the migration of whale populations across 
                  international boundaries;
                      (B) the size of individual whales, as that size 
                  precludes certain conservation research procedures that 
                  may be used for other animal species, such as captive 
                  research and breeding;
                      (C) the low reproductive rates of whales that 
                  require long-term conservation programs to ensure 
                  recovery of whale populations; and
                      (D) the occurrence of whale populations in offshore 
                  waters where undertaking research, monitoring, and 
                  conservation measures is difficult and costly;
              (7)(A) the Secretary of Commerce, through the Administrator 
          of the National Oceanic and Atmospheric Administration, has 
          research and regulatory responsibility for the conservation of 
          whales under the Marine Mammal Protection Act of 1972 (16 
          U.S.C. 1361 et seq.); and
              (B) the heads of other Federal agencies and the Marine 
          Mammal Commission established under section 201 of the Marine 
          Mammal Protection Act of 1972 (16 U.S.C. 1401) have related 
          research and management activities under the Marine Mammal 
          Protection Act of 1972 or the Endangered Species Act of 1973 
          (16 U.S.C. 1531 et seq.);
              (8) the funding available for the activities described in 
          paragraph (8) is insufficient to support all necessary whale 
          conservation and recovery activities; and
              (9) there is a need to facilitate the use of funds from 
          non-Federal sources to carry out the conservation of whales.
  
  SEC. 3. NATIONAL WHALE CONSERVATION FUND.
  
      Section 4 of the National Fish and Wildlife Establishment Act (16 
  U.S.C. 3703) is amended by adding at the end the following:
      ``(f)(1) In carrying out the purposes under section 2(b), the 
  Foundation may establish a national whale conservation endowment fund, 
  to be used by the Foundation to support research, management 
  activities, or educational programs that contribute to the protection, 
  conservation, or recovery of whale populations in waters of the United 
  States.
      ``(2)(A) In a manner consistent with subsection (c)(1), the 
  Foundation may--
              ``(i) accept, receive, solicit, hold, administer, and use 
          any gift, devise, or bequest made to the Foundation for the 
          express purpose of supporting whale conservation; and
              ``(ii) deposit in the endowment fund under paragraph (1) 
          any funds made available to the Foundation under this 
          subparagraph, including any income or interest earned from a 
          gift, devise, or bequest received by the Foundation under this 
          subparagraph.
      ``(B) To raise funds to be deposited in the endowment fund under 
  paragraph (1), the Foundation may enter into appropriate arrangements 
  to provide for the design, copyright, production, marketing, or 
  licensing, of logos, seals, decals, stamps, or any other item that the 
  Foundation determines to be appropriate.
      ``(C)(i) The Secretary of Commerce may transfer to the Foundation 
  for deposit in the endowment fund under paragraph (1)--
              ``(I) any amount (or portion thereof) received by the 
          Secretary under section 105(a)(1) of the Marine Mammal 
          Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil 
          penalty assessed by the Secretary under that section; or
              ``(II) any amount (or portion thereof) received by the 
          Secretary as a settlement or award for damages in a civil 
          action or other legal proceeding relating to damage of natural 
          resources.
      ``(ii) The Directors of the Board shall ensure that any amounts 
  transferred to the Foundation under clause (i) for the endowment fund 
  under paragraph (1) are deposited in that fund in accordance with this 
  subparagraph.
      ``(3) It is the intent of Congress that in making expenditures from 
  the endowment fund under paragraph (1) to carry out activities 
  specified in that paragraph, the Foundation should give priority to 
  funding projects that address the conservation of populations of whales 
  that the Foundation determines--
              ``(A) are the most endangered (including the northern right 
          whale (Eubaleana glacialis)); or
              ``(B) most warrant, and are most likely to benefit from, 
          research managment, or educational activities that may be 
          funded with amounts made available from the fund.
      ``(g) In carrying out any action on the part of the Foundation 
  under subsection (f), the Directors of the Board shall consult with the 
  Administrator of the National Oceanic and Atmospheric Administration 
  and the Marine Mammal Commission.''.
target: National Whale Conservation Fund Act of 1998 - Amends the National Fish and Wildlife Establishment Act to authorize the National Fish and Wildlife Foundation to establish a national whale conservation endowment fund to be used to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in U.S. waters. 
  Permits the Foundation to enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate to raise funds to be deposited in the fund. 
  Authorizes the Secretary of Commerce to transfer to the Foundation for deposit in the fund:  (1) any amount received by the Secretary as a civil penalty assessed under the Marine Mammal Protection Act of 1972; or (2) any amount received by the Secretary as a settlement or award for damages in a civil action or other legal proceeding relating to damage of natural resources. 
  Declares it is the intent of the Congress that, in making expenditures from the fund, the Foundation should give priority to projects that address the conservation of populations of whales that the Foundation determines:  (1) are the most endangered; or (2) most warrant, and are most likely to benefit from, research management or educational activities. 
  Requires the Directors to consult with the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission in carrying out any action under this Act.
feat_title: National Whale Conservation Fund Act of 1998