[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 501 Reported in Senate (RS)]






                                                       Calendar No. 238
106th CONGRESS
  1st Session
                                 S. 501

                          [Report No. 106-128]

  To address resource management issues in Glacier Bay National Park, 
                                Alaska.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 1999

 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

                             July 29, 1999

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To address resource management issues in Glacier Bay National Park, 
                                Alaska.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Glacier Bay Fisheries 
Act''.</DELETED>

<DELETED>SEC. 2. RESOURCE HARVESTING.</DELETED>

<DELETED>    (a) In Glacier Bay National Park, the Secretary of the 
Interior shall accommodate--</DELETED>
        <DELETED>    (1) the conduct of subsistence fishing and 
        gathering under title VIII of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3111 et. seq.); and</DELETED>
        <DELETED>    (2) the conduct by the State of Alaska, in 
        accordance with the principles of sustained yield, of marine 
        commercial fisheries, except fishing for Dungeness crab in the 
        waters of the Beardslee Islands and upper Dundas Bay.</DELETED>

<DELETED>SEC. 3. CLAIMS FOR LOST EARNINGS.</DELETED>

<DELETED>    Section 3(g) of Public Law 91-383 (16 U.S.C. 1a-2(g)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (2), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(3) to pay an aggregate of not more than 
        $2,000,000 per fiscal year in actual and punitive damages to 
        persons that, at any time after January 1, 1999, suffered or 
        suffer a loss in earnings from commercial fisheries legally 
        conducted in the marine waters of Glacier Bay National Park, 
        due to any action by an officer, employee, or agent of any 
        Federal department or agency, that interferes with any person 
        legally fishing or attempting to fish in such commercial 
        fisheries.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Glacier Bay Fisheries Act''.

SEC. 2. RESOURCE MANAGEMENT AND USE.

    (a) Section 202(1) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 410hh-1) is amended by adding at the end 
thereof the following new sentence: ``Subsistence fishing and gathering 
by local residents shall be permitted in the park and preserve in 
accordance with the provisions of title VIII.''.
    (b) Within the boundaries of Glacier Bay National Park, the 
Secretary of the Interior shall not take any action that would 
adversely affect--
            (1) subsistence fishing and gathering under title VIII of 
        the Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3111 et seq.);
            (2) management by the State of Alaska of marine fisheries 
        including subsistence and commercial fisheries, in accordance 
        with the principles of sustained yield, except that commercial 
        fishing for Dungeness crab shall be prohibited; and,
            (3) subsistence gathering activities permitted under the 
        Migratory Bird Treaty.
    (c) Nothing in this section shall enlarge or diminish Federal or 
State title, jurisdiction or authority with respect to the waters of 
the State of Alaska, the waters within the boundaries of Glacier Bay 
National Park and Preserve, or the tidal or submerged lands.

SEC. 3. CLAIMS FOR LOST EARNINGS.

    Section 3(g) of Public Law 91-383 (16 U.S.C. 1a-2(g)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) to pay an aggregate of not more than $2,000,000 per 
        fiscal year in actual and punitive damages to persons who, at 
        any time after January 1, 1999, suffered or suffer a loss in 
        earnings from commercial fisheries legally conducted in the 
        marine waters of Glacier Bay National Park, due to any action 
        by an officer, employee, or agent of any Federal department or 
        agency.''




                                                       Calendar No. 238

106th CONGRESS

  1st Session

                                 S. 501

                          [Report No. 106-128]

_______________________________________________________________________

                                 A BILL

  To address resource management issues in Glacier Bay National Park, 
                                Alaska.

_______________________________________________________________________

                             July 29, 1999

                       Reported with an amendment