[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2587 Reported in Senate (RS)]

                                                       Calendar No. 648
107th CONGRESS
  2d Session
                                 S. 2587

 To establish the Joint Federal and State Navigable Waters Commission 
                              for Alaska.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2002

 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

                            October 8, 2002

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the Joint Federal and State Navigable Waters Commission 
                              for Alaska.

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

SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The efficient and orderly development of the State of 
        Alaska will be better achieved if the Federal Government joins 
        the State of Alaska in a carefully coordinated approach to 
        identify ownership and jurisdictional interests in land and 
        waters.
            (2) Alaska has abundant water resources that are invaluable 
        to State residents and all citizens of the United States.
            (3) Because of the massive number of navigable waterways 
        and other bodies of water in the State of Alaska, the task of 
        resolving submerged land ownership and navigable water 
        determinations has been very slow, counter-productive from an 
        orderly resource management standpoint, and costly as the 
        State, private landowners, and the Federal Government attempt 
        to initiate long-range planning processes.
    (b) Purposes.--The purposes of this Act are:
            (1) To expedite the process of quieting legitimate title to 
        the submerged lands in the State of Alaska;
            (2) To facilitate determinations for purposes of the 
        Submerged Lands Act (43 U.S.C. 1301 et seq.), to the extent 
        possible, which bodies of water in Alaska are navigable waters 
        and which such bodies of water are not navigable waters; and
            (3) To recommend to the State of Alaska and the Federal 
        Government--
                    (A) ways to improve the process of making water use 
                and navigability decisions; and
                    (B) ways to fairly and expeditiously quiet title to 
                the State's submerged <DELETED>lands. </DELETED>lands 
                and assist in the determination of the specifically 
                reserved lands that will remain in Federal ownership.

SEC. 2. SHORT TITLE.

    This Act may be cited as the ``Joint Federal and State Navigable 
Waters Commission for Alaska Act''.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``Joint 
Federal and State Navigable Waters Commission for Alaska'' (referred to 
in this Act as the ``Commission'').

SEC. 4. DUTIES OF THE COMMISSION.

    The Commission shall--
            (1) make recommendations to the Secretary of the Interior 
        and the State of Alaska regarding determinations of bodies of 
        water in the State that are navigable waters for purposes of 
        the Submerged Lands Act (43 U.S.C. 1301 et seq.);
            (2) establish a process for employing established standards 
        to facilitate making such recommendations and determinations;
            (3) develop procedures for involving private landowners, 
        including Alaska Native corporations and the general public, in 
        that process;
            (4) for purposes of making such recommendations, undertake 
        a process to identify navigable waters in Alaska pursuant to 
        established standards and criteria; and
            (5) make recommendations to improve coordination and 
        consultation between the government of the State of Alaska and 
        the Federal Government regarding navigability determinations 
        and decisions concerning title to submerged lands.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 14 
        members, of which 7 shall be Federal members appointed under 
        subsection (b) and 7 shall be State members appointed under 
        subsection (c).
            (2) Appointment deadline.--Initial appointments under this 
        section shall be made not later than 60 days after the date of 
        enactment of this Act.
    (b) Federal Members.--The 7 Federal members shall consist of--
            (1) 2 members appointed by the President of the United 
        States, one of which shall be designated as the President's 
        appointee for the position of Federal co-chair under subsection 
        (e);
            (2) 1 member appointed by each of the three members of the 
        Congress who represent the State of Alaska;
            (3) 1 member appointed by the Secretary of the Interior; 
        and
            (4) 1 member appointed by the Secretary of Agriculture.
    (c) State Members.--The 7 State members shall be appointed in 
accordance with the requirements of state law.
<DELETED>consist of--</DELETED>
        <DELETED>    (1) the Governor of the State of Alaska or the 
        Governor's designee;</DELETED>
        <DELETED>    (2) 2 members appointed by the Governor of the 
        State of Alaska, of whom 1 shall be an Alaska Native (as that 
        term is defined in the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.));</DELETED>
        <DELETED>    (3) 2 members appointed by the President of the 
        Alaska Senate; and</DELETED>
        <DELETED>    (4) 2 members appointed by the Speaker of the 
        Alaska House of Representatives.</DELETED>
<DELETED>Each of the State members shall serve at the pleasure of the 
appointing authority for that member.</DELETED>
    (d) Ineligibility for Appointment.--Members of Congress shall not 
be eligible for appointment to the Commission.
    (e) Co-Chairs.--One of the members appointed by the President of 
the United States and the Governor or Governor's designee shall serve 
as co-chairs of the Commission.
    (f) Initial Meeting.--The initial meeting of the Commission shall 
be called by the co-chairs.
    (g) Term of Appointment.--
            (1) In general.--Subject to paragraph (2), members of the 
        Commission shall be appointed for the life of the Commission.
            (2) Early termination of appointment.--
                    (A) Membership of a member of the Commission shall 
                terminate if the member is an individual who is an 
                officer or employee of a government body and who ceases 
                to serve as such an officer or employee, or if the 
                member is an individual who is not an officer or 
                employee of a government and who becomes an officer or 
                employee of a government.
                    (B) Termination of an individual's membership 
                pursuant to paragraph (A) shall take effect on the 
                expiration of the 90-day period beginning on the date 
                such member ceases to be such an officer or employee of 
                such government, or becomes an officer or employee of a 
                government, respectively.
    (h) Quorum.--4 Federal members and 4 State members of the 
Commission shall constitute a quorum, but a lesser number may conduct 
meetings. All decisions of the Commission shall require concurrence by 
at least 4 State members and 4 Federal members of the Commission.
    (i) Vacancy.--A vacancy in the membership of the Commission--
            (1) shall not affect the powers of the Commission to meet 
        or conduct business, subject to subsection (h); and
            (2) shall be filled in the same manner in which the 
        original appointment was made, by the same appointing 
        authority.

SEC. 6. COMPENSATION OF THE COMMISSION.

    (a) Pay for Federal Members of the Commission.--
            (1) Non-government employees.--Each Federal member of the 
        Commission who is not otherwise an officer or employee of the 
        Federal Government shall be entitled to receive the daily 
        equivalent of the annual rate of basic pay payable for Level IV 
        of the Executive Schedule under section 5315 of title 5, United 
        States Code, as in effect from time to time, for each day 
        (including travel time) during which such member is engaged in 
        the actual performance of duties of the Commission.
            (2) Government employees.--A member of the Commission who 
        is an officer or employee of either the government of the State 
        of Alaska or the Federal Government shall serve without 
        additional pay or benefits for service as a member of the 
        Commission.
    (b) Travel Expenses.--Federal members of the Commission shall 
receive travel expenses, including per diem in lieu of subsistence, in 
accordance with subchapter I of chapter 57 of title 5, United States 
Code. State members of the Commission are entitled to per diem and 
travel expenses as authorized under pertinent laws of the State of 
Alaska.

SEC. 7. POWERS OF THE COMMISSION.

    (a) Hearings and Meetings.--The Commission or, on the authorization 
of the Commission, any subcommittee or member of the Commission may, 
for the purposes of carrying out its duties, hold hearings, take 
testimony, receive evidence, print or otherwise reproduce and 
distribute all or part of commission proceedings and reports, and sit 
and act at those times and places as the Commission, subcommittee, or 
members consider desirable.
    (b) Information for the Commission.--The Commission may obtain 
directly from any executive agency (as defined in section 105 of title 
5 of the United States Code) or court, information necessary to enable 
it to carry out its duties under this Act. On this request of either 
co-chair of the Commission, and consistent with applicable law, the 
head of an executive agency or of a Federal court shall provide such 
information to the Commission.
    (c) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (d) Volunteer Services.--The Commission may accept volunteer 
services for the purpose of aiding or facilitating the work of the 
Commission.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (g) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons for property or 
services, without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5).

SEC. 8. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--Subject to rules prescribed by the Commission, the co-
chairs may appoint and fix the pay of personnel as they consider 
appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates, except that an 
individual so appointed may not receive pay in excess of the annual 
rate of basic pay for GS-15 of the General Schedule.
    (c) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the co-chairs may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, but at 
rates for individuals not to exceed the daily equivalent of the maximum 
annual rate of basic pay for GS-15 of the General Schedule.
    (d) Staff of Federal Agencies.--Upon request of the co-chairs, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 9. RELATIONSHIP TO OTHER LAW.

    The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply 
to the Commission.

SEC. 10. REPORTS.

    (a) Annual Report.--Not later than January 31 of each year, the 
Commission shall submit to the President of the United States, the 
Committee on Energy and Natural Resources of the United States Senate, 
the Committee on Resources of the House of Representatives, the 
Governor of the State of Alaska, and the legislature of the State of 
Alaska a written report describing its activities during the preceding 
year.
    (b) Final Report.--The Commission shall submit a final 
comprehensive report to the officials and entities referred to in 
subsection (a) at least 10 days before the date the Commission 
terminates.

SEC. 11. TERMINATION OF THE COMMISSION.

    The Commission is terminated 2 years after the date of completion 
of appointment of all members of the Commission.




                                                       Calendar No. 648

107th CONGRESS

  2d Session

                                S. 2587

_______________________________________________________________________

                                 A BILL

 To establish the Joint Federal and State Navigable Waters Commission 
                              for Alaska.

_______________________________________________________________________

                            October 8, 2002

                        Reported with amendments