[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1064 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1064

 To amend the Alaska National Interest Lands Conservation Act to more 
effectively manage visitor service and fishing activity in Glacier Bay 
                 National Park, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 1997

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Alaska National Interest Lands Conservation Act to more 
effectively manage visitor service and fishing activity in Glacier Bay 
                 National Park, 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. SHORT TITLE.

    This Act may be cited as the ``Glacier Bay Management and 
Protection Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the geographical area comprising Glacier Bay National 
        Park has been recognized as having important national 
        significance since the creation of Glacier Bay National 
        Monument by Presidential proclamation on February 26, 1925, and 
        the subsequent Presidential proclamation expanding the monument 
        on April 18, 1939;
            (2) in 1980, Congress enlarged and redesignated the 
        monument as Glacier Bay National Park;
            (3) the Park provides valuable opportunities for the 
        scientific study of marine and terrestrial resources in various 
        stages of a postglaciation period;
            (4) the Park is a popular tourist destination for cruise 
        ship and tour boat passengers, recreational boaters, fishermen, 
        back-country kayakers, hikers, and other users;
            (5) improvements to the Park's infrastructure and an 
        increase in small passenger vessel capacity within the Park are 
        needed to provide for increased enjoyment by visitors to the 
        Park and more efficient management of Park activities;
            (6) Huna Tlingit Indians residing near Glacier Bay have 
        engaged in subsistence fishing and gathering in and around the 
        bay for approximately 9,000 years, interrupted only by periodic 
        glacial advances, and reestablished after each glacial retreat;
            (7) commercial fishing has occurred in and around Glacier 
        Bay for over 100 years, long before the area was recognized by 
        the Federal Government;
            (8) commercial fishing and subsistence fishing and 
        gathering in Glacier Bay National Park occur at stable levels 
        of activity that have no perceivable adverse effect on the 
        health or sustainability of marine resources in the Park, 
        including the marine resources of Glacier Bay;
            (9) commercial fishing and subsistence fishing and 
        gathering are of great importance to local residents who often 
        lack other alternatives for sustaining their livelihood; and
            (10) the continuation of commercial fishing and subsistence 
        fishing and gathering in Glacier Bay has widespread support 
        among local residents and Glacier Bay users, including the 
        environmental community and operators of back-country kayak 
        tours.

SEC. 3. INFRASTRUCTURE IMPROVEMENT.

    Section 1306 of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3196) is amended by adding at the end the following:
    ``(c) Glacier Bay Park.--
            ``(1) Glacier bay lodge.--
                    ``(A) Cooperative agreement.--The Secretary may 
                enter into a cooperative agreement, partnership, or 
                other contractual relationship with the operator of 
                Glacier Bay Lodge in Bartlett Cove for the purpose of 
                making improvements to the Lodge and related visitor 
                facilities.
                    ``(B) Scope of work.--Improvements to the physical 
                plant and infrastructure under subparagraph (A) may 
                include--
                            ``(i) expansion of the overnight lodging, 
                        meeting space, and food service capacity of the 
                        Lodge;
                            ``(ii) improvement of visitor access, 
                        including boat landing facilities, paths, 
                        walkways, and vehicular access routes;
                            ``(iii) construction of a visitor 
                        information center and an Alaska Native 
                        cultural center;
                            ``(iv) construction of research and 
                        maintenance facilities necessary to support 
                        Glacier Bay National Park and Glacier Bay Lodge 
                        activities;
                            ``(v) construction or alteration of staff 
                        housing; and
                            ``(vi) correction of deficiencies that may 
                        impair compliance with Federal or State 
                        construction, safety, or access requirements.
            ``(2) Alteration of park headquarters.--Before entering 
        into a cooperative agreement or contract for alteration or 
        expansion of National Park Service facilities in or near 
        Gustavus, Alaska, the Secretary shall provide to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Resources of the House of Representatives a report that 
        includes a cost-benefit analysis of the alteration or 
        expansion, including an examination of other reasonable 
        alternatives to achieve the desired level of service.''.

SEC. 4. SMALL PASSENGER VESSELS.

    Section 1307 of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3197) is amended by adding at the end the following:
    ``(d) Glacier Bay Passenger Vessels.--
            ``(1) In general.--Not later than 9 months after the date 
        of enactment of this subsection, the Secretary shall promulgate 
        regulations to increase the number of Glacier Bay entry permits 
        available to tour boats during June, July, and August to a 
        level consistent with the demand for the entries.
            ``(2) Transit separate from tour boats.--Increases in tour 
        boat entry permits for Glacier Bay under paragraph (1) shall be 
        considered separate from, and shall not affect or be affected 
        by, the number of entry permits provided to small passenger 
        vessels providing passage to and from Glacier Bay Lodge.''.

SEC. 5. SURVEY OF PARK USERS.

    Section 1307 of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3197) (as amended by section 4) is amended by adding at the 
end the following:
    ``(e) Survey of Glacier Bay Users.--
            ``(1) Survey design.--Not later than 60 days after the date 
        of enactment of this subsection, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Resources of the House of Representatives a 
        plan for conducting a comprehensive survey of Glacier Bay 
        National Park users during the following visitor season, 
        including individuals arriving in the Park on commercially 
        operated vessels, to determine--
                    ``(A) the extent to which the users consider the 
                activities of other groups of users of the Park as 
                having an adverse impact on the users' enjoyment of the 
                Park; and
                    ``(B) the extent to which the expectations of the 
                users for the Park are being satisfied.
            ``(2) Results.--Not later than December 31 of the calendar 
        year in which the survey is conducted pursuant to the plan 
        submitted under paragraph (1), the Secretary shall report to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Resources of the House of Representatives the 
        results of the survey and any recommendations the Secretary 
        considers necessary to reconcile competing uses of the Park or 
        satisfy visitor access needs of the Park.''.

SEC. 6. FISHING.

    Section 1314 of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3202) is amended by adding at the end the following:
    ``(d) Fishing in Glacier Bay National Park.--
    ``(1) Definitions.--In this subsection:
                    ``(A) Council.--The term `Council' means the 
                Glacier Bay Fishery Science Advisory Council 
                established by paragraph (6).
                    ``(B) Exterior waters of the park.--The term 
                `exterior waters of the Park' means the marine waters 
                in the Park but outside Glacier Bay proper.
                    ``(C) Glacier bay proper.--The term `Glacier Bay 
                proper' means the waters of Glacier Bay, including 
                coves and inlets, north of a line drawn from Point 
                Gustavus to Point Carolus.
                    ``(D) Park.--The term `Park' means Glacier Bay 
                National Park.
                    ``(E) Reserve.--The term `Reserve' means the 
                Glacier Bay Marine Fisheries Reserve designated by 
                paragraph (4).
                    ``(F) Resident population.--The term `resident 
                population' means a discrete population of fish or 
                shellfish that--
                            ``(i) spawns in the Park;
                            ``(ii) is comprised of individual fish or 
                        shellfish the majority of which spend the 
                        greater part of their life cycle in the Park; 
                        or
                            ``(iii) is demonstrated to be reliant on 
                        unique features of the Park for the survival of 
                        the population.
            ``(2) Subsistence use.--
                    ``(A) In general.--Subject to subparagraph (B), 
                subsistence fishing and gathering by a local resident 
                of the Park, including a resident of Hoonah, shall be 
                allowed in the Park in accordance with title VIII.
                    ``(B) Permanent structures.--No permanent structure 
                associated with subsistence fishing or gathering, 
                including a set net site, fish camp, cabin, or other 
                related structure, may be constructed in the Park.
            ``(3) Commercial fishing generally.--
                    ``(A) Allowed commercial fishing.--
                            ``(i) In general.--Subject to the other 
                        provisions of this subsection, the Secretary 
                        shall allow commercial fishing in the Park 
                        using the following methods and means in use 
                        for commercial fishing in the Park during 
                        calendar years 1980 through 1996:
                                    ``(I) Trolling or seining for 
                                salmon, except that seining may not be 
                                used in Glacier Bay proper.
                                    ``(II) Longlining.
                                    ``(III) Use pots or ring nets.
                            ``(ii) Federal and state laws.--Fishing 
                        allowed under clause (i) shall be subject to 
                        any applicable Federal or State law.
                            ``(iii) Adverse impact.--
                                    ``(I) In general.--If the Secretary 
                                determines that scientifically valid 
                                information demonstrates a significant 
                                adverse impact is occurring to a 
                                resident population as a result of 
                                commercial fishing in the Park, the 
                                Secretary shall consult with the 
                                relevant State fishery management 
                                authority and may request that the 
                                authority initiate remedial action.
                                    ``(II) Emergency action.--If the 
                                Secretary determines that commercial 
                                fishing is causing an emergency that 
                                poses an immediate threat to a Park 
                                resource, including a resident 
                                population of fish or shellfish, and 
                                that the relevant State fishery 
                                management authority is not taking 
                                appropriate action, the Secretary may 
                                promulgate such regulations as are 
                                necessary to protect the threatened 
                                resource for the duration of the 
                                emergency.
                    ``(B) Memorandum of understanding.--Not later than 
                90 days after the date of enactment of this subsection, 
                the Secretary and the relevant State fishery management 
                authority shall jointly prepare and publish a 
                memorandum of understanding that--
                            ``(i) describes the respective authority of 
                        the Secretary and the State fishery management 
                        authority with regard to the management of 
                        commercial fishing in the Park; and
                            ``(ii) establishes a process for 
                        consultations and regulatory action under 
                        subparagraph (A).
            ``(4) Glacier bay marine fisheries reserve.--
                    ``(A) Designation.--The waters of Glacier Bay 
                proper are designated as the Glacier Bay Marine 
                Fisheries Reserve.
                    ``(B) Purposes.--The purposes of the Reserve are--
                            ``(i) to maintain a high degree of 
                        protection for the living marine resources of 
                        the Glacier Bay marine ecosystem;
                            ``(ii) to provide for the continued health, 
                        diversity, and abundance of the resources in 
                        the Glacier Bay marine ecosystem;
                            ``(iii) to provide a continuing opportunity 
                        for the conduct of fisheries science in a 
                        postglacial ecological environment; and
                            ``(iv) to provide for sustainable public 
                        use and enjoyment of the marine resources of 
                        Glacier Bay.
                    ``(C) Fishing.--
                            ``(i) in general.--Subject to clauses (ii) 
                        and (iii), the Reserve shall remain open to 
                        fishing in accordance with paragraphs (2) and 
                        (3).
                            ``(ii) Closures and restrictions.--A 
                        closure or a restriction on time, area, or 
                        method or means of access to the Reserve may be 
                        implemented by the appropriate State fishery 
                        management authority if the closure or 
                        restriction--
                                    ``(I) is recommended by the 
                                Council; and
                                    ``(II) is required to achieve the 
                                purposes of the Reserve.
                            ``(iii) Comment.--Before implementing a 
                        closure under clause (ii), the appropriate 
                        State fishery management authority shall 
                        solicit comments from affected commercial or 
                        subsistence users of the Reserve.
            ``(5) Beardslee islands.--
                    ``(A) Restriction on fishing.--Notwithstanding 
                paragraph (4)(C), the waters of the Beardslee Islands 
                managed as wilderness shall be closed to commercial 
                fishing, except that the appropriate State fishery 
                management authority shall allow commercial fishing for 
                Dungeness crab by an individual who, during calendar 
                years 1984 through 1995--
                            ``(i) participated in commercial fishing 
                        for Dungeness crab in the Beardslee Islands for 
                        a minimum of 10 fishing seasons; and
                            ``(ii) was reliant on the fishing referred 
                        to in clause (i) for a significant part of the 
                        individual's fishery-related income.
                    ``(B) Information.--In making a determination of 
                eligibility under subparagraph (A), the appropriate 
                fishery management authority shall consider all 
                available public records as well as any other 
                information made available by the prospective 
                applicant.
                    ``(C) Ineligibility.--
                            ``(i) In general.--If an individual engaged 
                        in commercial fishing in the waters of the 
                        Beardslee Islands under this paragraph 
                        voluntarily ceases to participate actively in 
                        the fishing for a period of at least 1 year for 
                        any reason other than illness, injury, or 
                        national service, the individual shall not be 
                        eligible to engage in commercial fishing in the 
                        waters of the Beardslee Islands under this 
                        paragraph.
                            ``(ii) Designated successor.--
                                    ``(I) In general.--An individual 
                                who is ineligible to engage in 
                                commercial fishing under clause (i) 
                                may, at any time before or during the 
                                year in which the individual ceases to 
                                participate actively in fishing, 
                                designate a successor that may engage 
                                in commercial fishing for Dungeness 
                                crab in the waters of the Beardslee 
                                Islands under this paragraph as long as 
                                the successor--
                                            ``(aa) engages in 
                                        commercial fishing for 
                                        Dungeness crab in the waters of 
                                        the Beardslee Islands; and
                                            ``(bb) is reliant on the 
                                        fishing for a significant part 
                                        of the individual's fishery-
                                        related income.
                                    ``(II) Ineligibility of 
                                successor.--If a successor designated 
                                under subclause (I) voluntarily ceases 
                                to participate actively in fishing in 
                                the waters of the Beardslee Islands 
                                under this paragraph for a period of at 
                                least 1 year for any reason other than 
                                illness, injury, or national service, 
                                the individual shall no longer be 
                                eligible to engage in commercial 
                                fishing in the waters of the Beardslee 
                                Islands under this paragraph.
                    ``(D) Temporary successor.--
                            ``(i) In general.--If an individual 
                        eligible to engage in commercial fishing in the 
                        waters of the Beardslee Islands under this 
                        paragraph is forced by reason of illness, 
                        injury, or national service to forego the 
                        fishing, the individual may designate a 
                        temporary successor for a period of 1 year.
                            ``(ii) Renewal.--The designation of a 
                        temporary successor under clause (i) may be 
                        renewed yearly so long as the condition of 
                        illness, injury, or national service continues 
                        to prevent the eligible individual from 
                        participating in the commercial fishing.
                    ``(E) Other law.--An individual eligible to fish 
                under this paragraph shall be subject to any other 
                Federal or State law.
                    ``(F) Fishing cessation agreement.--
                            ``(i) In general.--The Secretary and an 
                        individual engaged in commercial fishing under 
                        this paragraph may agree on the cessation of 
commercial fishing by the individual.
                            ``(ii) Designation of successor.--An 
                        individual who agrees to cease commercial 
                        fishing under clause (i) may not designate a 
                        successor under subparagraph (C)(ii).
                    ``(G) Forced retirement of successor.--The 
                Secretary may require an individual designated as a 
                successor under subparagraph (C)(ii) to cease 
                commercial fishing under this paragraph if the 
                facility--
                            ``(i) determines that cessation of 
                        commercial fishing by the individual would be 
                        significantly beneficial to the Reserve; and
                            ``(ii) compensates the individual for the 
                        individual's expected lifetime earnings for the 
                        commercial fishing, as determined by--
                                    ``(I) the individual's average 
                                annual earnings over a 5-year period 
                                from the commercial fishing; or
                                    ``(II) if a minimum of 5 years of 
                                data on the individual's earnings from 
                                the commercial fishing are unavailable, 
                                the average annual earnings of the 
                                individual's predecessor for the 
                                commercial fishing.
            ``(6) Fishery science advisory council.--
                    ``(A) Establishment.--There is established the 
                Glacier Bay Fishery Science Advisory Council.
                    ``(B) Membership.--
                            ``(i) In general.--The Council shall 
                        consist of 5 members, of whom--
                                    ``(I) 2 members shall be 
                                professional fishery biologists 
                                appointed by the Secretary;
                                    ``(II) 2 members shall be 
                                professional fishery biologists 
                                appointed by the Governor of Alaska; 
                                and
                                    ``(III) 1 member shall be a 
                                professional fishery biologist who is 
                                not employed by the Federal Government 
                                or the State of Alaska, who shall--
                                            ``(aa) be appointed jointly 
                                        by the Secretary and the 
                                        Governor of Alaska; and
                                            ``(bb) serve as chairperson 
                                        of the Council.
                            ``(ii) Appointments.--Appointments to the 
                        Council shall be made not later than 60 days 
                        after the date of enactment of this subsection.
                            ``(iii) Replacement.--A Council member 
                        shall serve on the Council until replaced by 
                        the authority that appointed the individual.
                    ``(C) Responsibilities.--The Council shall--
                            ``(i) not later than 180 days after the 
                        date of enactment of this subsection, provide a 
                        report reviewing the status of knowledge about 
                        fishery resources in the Park to the Secretary, 
                        the State of Alaska, the Committee on Energy 
                        and Natural Resources of the Senate, and the 
                        Committee on Resources of the House of 
                        Representatives; and
                            ``(ii) not later than 1 year after the date 
                        of enactment of this subsection, in 
                        consultation with appropriate Federal and State 
                        agencies, prepare a fisheries management plan 
                        for the Reserve, including areas managed as 
wilderness, in accordance with subparagraph (D).
                    ``(D) Fisheries management plan.--The fisheries 
                management plan referred to in subparagraph (C)(ii) 
                shall--
                            ``(i) describe a framework for pursuing 
                        opportunities for fisheries science in 
                        combination with the continued harvest of fish 
                        and shellfish from the Reserve, consistent with 
                        sound management practices and in accordance 
                        with recognized principles for the management 
                        of sustainable resources; and
                            ``(ii) make such recommendations as the 
                        Council considers appropriate regarding fishery 
                        research needs and regulations regarding 
                        fishing times, areas, methods, and means.
                    ``(E) Continuing recommendation.--After completing 
                the fisheries management plan under subparagraph (D), 
                the Council shall continue to meet at least annually, 
                and at such other times as the Council considers 
                necessary, to provide to the Secretary and the entities 
                referred to in subparagraph (C)(i) such additional 
                recommendations on fishery research and management 
                priorities and needs in the Reserve as the Council 
                considers appropriate.
                    ``(F) Consensus decisions.--For a recommendation, 
                designation, or determination of the Council to be 
                effective it shall be made by consensus.
                    ``(G) FACA.--The Federal Advisory Committee Act (5 
                U.S.C. App.) shall not apply to the Council.
            ``(7) Effect on tidal and submerged land.--
                    ``(A) Claim to tidal or submerged land.--
                            ``(i) In general.--Nothing is this 
                        subsection invalidates, validates, or in any 
                        other way affects any claim of the State of 
                        Alaska to title to any tidal or submerged land.
                            ``(ii) Future action.--No action taken 
                        pursuant to or in accordance with this 
                        subsection shall bar the State of Alaska from 
                        asserting at any time its claim of title to any 
                        tidal or submerged land.
                    ``(B) Jurisdiction.--Nothing in this subsection, 
                and no action taken pursuant to this subsection, shall 
                expand or diminish Federal or State jurisdiction, 
                responsibility, interests, or rights in the management, 
                regulation, or control of waters or tidal or submerged 
                land of the State of Alaska.''.
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