[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2172 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2172

    To provide for the appointment of a Special Master to meet with 
 interested parties in Alaska and make recommendations to the Governor 
of Alaska, the Alaska State Legislature, the Secretary of Agriculture, 
the Secretary of the Interior, and the United States Congress on how to 
return management of fish and game resources to the State of Alaska and 
   provide for subsistence uses by Alaskans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1996

 Mr. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To provide for the appointment of a Special Master to meet with 
 interested parties in Alaska and make recommendations to the Governor 
of Alaska, the Alaska State Legislature, the Secretary of Agriculture, 
the Secretary of the Interior, and the United States Congress on how to 
return management of fish and game resources to the State of Alaska and 
   provide for subsistence uses by Alaskans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (a) the State of Alaska received management authority and 
        responsibility for fish and game resources in the State at the 
        time of statehood;
            (b) the Alaska constitution requires equal access for all 
        citizens of the state to these fish and game resources;
            (c) the State of Alaska developed statutes to implement a 
        rural subsistence priority;
            (d) in 1980 Congress passed the Alaska National Interest 
        Lands Conservation Act providing that the ``taking on public 
        lands of fish and wildlife for nonwasteful subsistence uses 
        shall be accorded priority over the taking on such lands of 
        fish and wildlife for other purposes'';
            (e) in 1989 the Alaska Supreme Court ruled in McDowell v. 
        Alaska that the rural preference contained in the State's 
        subsistence statute violated the equal access provision of the 
        Alaska Constitution putting the State's subsistence program out 
        of compliance with title VIII of ANILCA resulting in the 
        Secretaries of Agriculture and the Interior assuming 
        subsistence management on the public lands in Alaska;
            (f) the Governor and the Lieutenant Governor of Alaska are 
        to be complimented on their several attempts to resolve the 
        issue and return management responsibilities of fish and game 
        back to the State; however, these efforts have not been 
        successful;
            (g) there continues to remain an impasse that is creating a 
        divisive atmosphere in Alaska among sport hunters, sport 
        fishermen, commercial fishermen, Alaska Natives, as well as 
        urban and rural residents; and
            (h) the Congress hereby declares that it is timely and 
        essential to conduct a review of Federal and State policies and 
        programs affecting subsistence in order to identify specific 
        actions that may be taken by the United States and the State of 
        Alaska to help assure that a fair subsistence priority is 
        provided to the citizens of Alaska and that management 
        authority over fish and game resources is maintained by the 
        State of Alaska.

SEC. 2. APPOINTMENT OF SPECIAL MASTER.

    (a)(1) The President shall hereby appoint a Special Master to 
mediate the issues involved in this impasse, and
    (2) In making the appointment of the Special Master, the President 
shall give careful consideration to recommendations submitted by the 
Governor of the State of Alaska and the president of the Alaska State 
Senate, and the Speaker of the Alaska State House.
    (b)(1) The principal office of the Special Master shall be in the 
State of Alaska.
    (2) The Special Master shall--
            (A) review existing State and Federal laws regarding 
        subsistence use in Alaska; and
            (B) after consultation with all interested parties, 
        including, but not limited to, Alaska natives, sport and 
        commercial fishing interests, sport hunting groups, recreation 
        groups, the Governor of Alaska, the Alaska legislature, the 
        Secretaries of Agriculture and the Interior, and the members of 
        the Alaska Congressional delegation, recommend specific actions 
        to the Congress and to the State of Alaska including state 
        statutory amendments, changes in existing management 
        structures, constitutional amendments, and changes to title 
        VIII of ANILCA, that--
                    (i) assure the State of Alaska recovers and retains 
                management authority and responsibility for fish and 
                game on all lands in Alaska; and
                    (ii) provide for the continuation of the 
                opportunity for subsistence uses by residents of 
                Alaska, including both Natives and non-natives, on the 
                public lands and by Alaska Natives on Native lands 
                which is essential for Native physical, economic, 
                traditional, and cultural existence and to non-native 
                physical, economic, traditional, and social existence.
    (c) Submit, by no later than the date that is six months after 
appointment, a report on the recommendations developed under paragraph 
(2), to the Secretary, the Congress, the Governor of the State of 
Alaska, and the legislature of the State of Alaska, and make such 
report available to the public.
    (d) The Special Master shall have the power to procure, as 
authorized by section 3109 of title 5, United States Code, temporary 
and intermittent services to the same extent as is authorized by law 
for agencies in the executive branch, but at rates not to exceed the 
daily equivalent of the maximum annual rate of basic pay in effect for 
grade GS-18 of such General Schedule.
    (e) Service as a Special Master shall not be considered as service 
or employment bringing such individual within the provisions of any 
Federal law relating to conflicts of interest or otherwise imposing 
restrictions, requirements, or penalties in relation to the employment 
of persons, the performance of services, or the payment or receipt of 
compensation in connection with claims, proceedings, or matters 
involving the United States. Service as a Special Master, shall not be 
considered service in an appointive or elective position in the 
Government for purposes of section 8344 of title 5, United States Code, 
or comparable provisions of Federal law.
    (f)(1) The Special Master is authorized to--
            (A) hold such hearings and sit and act at such times,
            (B) take such testimony,
            (C) have such printing and binding done,
            (D) enter into such contracts and other arrangements,
            (E) make such expenditures, and
            (F) take such other actions, as the Special Master may deem 
        advisable.
    (2) The Special Master is authorized to establish task forces which 
include individuals appointed for the purpose of gathering information 
on specific subjects identified by the Special Master as requiring the 
knowledge and expertise of such individuals. No compensation may be 
paid to members of a task force solely for their service on the task 
force, but the Special Master may authorize the reimbursement of 
members of a task force for travel and per diem in lieu of subsistence 
expenses during the performance of duties while away from the home, or 
regular place of business, of the member, in accordance with subchapter 
I of chapter 57 of title 5, United States Code. The Special Master 
shall not authorize the appointment of personnel to act as staff for 
the task force.
    (3) The Special Master is authorized to accept gifts of services, 
or funds and to expend funds derived from sources other than the 
Federal Government, including the State of Alaska, private nonprofit 
organizations, corporations, or foundations which are determined 
appropriate and necessary to carry out the provisions of this section.
    (4) The Special Master is authorized to secure directly from any 
officer, department, agency, establishment, or instrumentality of the 
Federal Government such information as the Special Master may require 
for the purpose of this section, and each such officer, department, 
agency, establishment, or instrumentality is authorized and directed to 
furnish, to the extent permitted by law, such information, suggestions, 
estimates, and statistics directly to the Special Master, upon request.
    (g) The provisions of the Federal Advisory Committee Act shall not 
apply to the Special Master established under this section.
    (h) Upon the request of the Special Master, the head of any Federal 
department, agency, or instrumentality is authorized to make any of the 
facilities and services of such department, agency, or instrumentality 
available to the Special Master and detail any of the personnel of such 
department, agency, or instrumentality to the commission, on a 
nonreimbursable basis, to assist the Special Master in carrying out its 
duties under this section.
    (i) The Special Master may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.
    (j) The Special Master shall cease to exist on the date that is one 
hundred and eighty days after the date on which the Special Master 
submits the report required under subsection (c)(5). All records, 
documents, and materials of the Special Master shall be transferred to 
the National Archives and Records Administration on the date on which 
the Special Master ceases to exist.
    (k) There is authorized to be appropriated to the Special Master 
$250,000 to provide for the salaries and expenses to carry out the 
provisions of this section. Such sum shall remain available, without 
fiscal year limitation, until expended.
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