article: 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.''.
summary: 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.