Page:United States Statutes at Large Volume 100 Part 5.djvu/267

 PUBLIC LAW 99-659—NOV. 14, 1986

100 STAT. 3741

Coast Guard and Koniag, Incorporated, and includes the right to construct and operate an access road, bridges, guard rails, and other associated improvements; and ij; (B) a 40-foot wide utility easement adjacent to the access easement in paragraph (3)( A) of this subsection or a location that is mutually agreeable to the Coast Guard and Koniag, Incorporated. (4) The construction, maintenance, and operation of a dock facility or location of any structure or thing on the premises , ^^ ^ described in section (c) of Schedule 4 of the Agreement is not inconsistent with the easement for the barge landing easement and access to and from the barge landing area reserved by the United States Government (hereinafter referred to in this paragraph as the "Government"), if the dock facility is constructed ' or the structure or thing is located as approved by the Government. Approval by the Government is deemed to be granted if a proposal for the construction and location of the dock facility, '"' structure, or thing is submitted to the Government and— (A) the Government does not respond within 60 days of receipt of the proposal; or (B) if a response with recommendations for modification is submitted by the Government within 60 days of receipt of the proposal, the proposal is modified in a manner necessary to reasonably satisfy the requirements of the >: Government— (i) to use the dock facility for a barge landing area as contemplated by the easement; and (ii) to permit access to and from the barge loading area to public highways for the transportation of materials as specified in Agreement. (h) APPLICATION.—All rights or conveyances confirmed by this section are subject to the sanctions in the Agreement referred to in subsection (a). (c) IMPLEMENTATION.—The Commandant of the Coast Guard or Uniformed other appropriate Federal officer shall issue the appropriate correc- services, tive conveyance and perform any other appropriate ministerial or official act necessary to carry out the purposes of this section within 60 days after the date of the enactment of this title. SEC. 411. INCIDENTAL TAKING OF DEPLETED MARINE MAMMALS. (a) AMENDMENT OF THE MARINE MAMMAL PROTECTION ACT.—

Paragraph (5)(A) of section 101(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended— (1) by striking "that is not depleted"; (2) in clause (i)— (A) by striking "its habitat, and" and inserting in lieu thereof "will not have an unmitigable adverse impact"; and (B) by inserting "or, in the case of a cooperative agreement under both this Act and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 112(c)" immediately after "or section 109(f)"; and (3) in clause (ii)(I), by inserting ", and on the availability of such species or stock for subsistence uses" immediately after "significance". Ob) STATEMENT BY THE SECRETARY.—Paragraph 4 of section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)) is amended—

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