Page:United States Statutes at Large Volume 120.djvu/575

 120 STAT. 544

PUBLIC LAW 109–241—JULY 11, 2006 through recommendations to the North Pacific Council, the Secretary, or the State of Alaska, as the case may be; and ‘‘(II) coordinate and facilitate activities of the entities under the program. ‘‘(iv) UNANIMITY REQUIRED.—The panel may act only by unanimous vote of all 6 members of the panel and may not act if there is a vacancy in the membership of the panel. ‘‘(H) DECENNIAL REVIEW AND ADJUSTMENT OF ENTITY ALLOCATIONS.— ‘‘(i) IN GENERAL.—During calendar year 2012 and every 10 years thereafter, the State of Alaska shall evaluate the performance of each entity participating in the program based on the criteria described in clause (ii). ‘‘(ii) CRITERIA.—The panel shall establish a system to be applied under this subparagraph that allows each entity participating in the program to assign relative values to the following criteria to reflect the particular needs of its villages: ‘‘(I) Changes during the preceding 10-year period in population, poverty level, and economic development in the entity’s member villages. ‘‘(II) The overall financial performance of the entity, including fishery and nonfishery investments by the entity. ‘‘(III) Employment, scholarships, and training supported by the entity. ‘‘(IV) Achieving of the goals of the entity’s community development plan. ‘‘(iii) ADJUSTMENT OF ALLOCATIONS.—After the evaluation required by clause (i), the State of Alaska shall make a determination, on the record and after an opportunity for a hearing, with respect to the performance of each entity participating in the program for the criteria described in clause (ii). If the State determines that the entity has maintained or improved its overall performance with respect to the criteria, the allocation to such entity under the program shall be extended by the State for the next 10-year period. If the State determines that the entity has not maintained or improved its overall performance with respect to the criteria— ‘‘(I) at least 90 percent of the entity’s allocation for each species under subparagraph (C) shall be extended by the State for the next 10-year period; and ‘‘(II) the State may determine, or the Secretary may determine (if State law prevents the State from making the determination), and implement an appropriate reduction of up to 10 percent of the entity’s allocation for each species under subparagraph (C) for all or part of such 10-year period. ‘‘(iv) REALLOCATION OF REDUCED AMOUNT.—If the State or the Secretary reduces an entity’s allocation

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