[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 49 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 49

 To establish a joint Federal-State Floodplain and Erosion Mitigation 
                  Commission for the State of Alaska.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES



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

_______________________________________________________________________

                                 A BILL


 
 To establish a joint Federal-State Floodplain and Erosion Mitigation 
                  Commission for the State of Alaska.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Alaska Floodplain 
and Erosion Mitigation Commission Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
    TITLE I--JOINT FEDERAL-STATE FLOODPLAIN AND EROSION MITIGATION 
                         COMMISSION FOR ALASKA

Sec. 101. Establishment of commission.
Sec. 102. Duties.
Sec. 103. Administration.
Sec. 104. Commission personnel matters.
Sec. 105. Reports.
Sec. 106. Termination of commission.
           TITLE II--FLOOD AND EROSION CONTROL AND MITIGATION

Sec. 201. Evaluation and prioritization.
Sec. 202. Flood and erosion control and mitigation.
Sec. 203. Mitigation.
Sec. 204. Administration.
               TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Joint 
        Federal-State Floodplain and Erosion Mitigation Commission for 
        Alaska established by section 101(a).
            (2) Alaska native.--The term ``Alaska Native'' has the 
        meaning given the term in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602).
            (3) Alaska native village.--The term ``Alaska Native 
        village'' has the meaning given the term in section 3 of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1602).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Alaska.

    TITLE I--JOINT FEDERAL-STATE FLOODPLAIN AND EROSION MITIGATION 
                         COMMISSION FOR ALASKA

SEC. 101. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Joint Federal-State Floodplain and Erosion Mitigation 
Commission for Alaska''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 7 
        members, of whom--
                    (A) 1 member shall be the Governor of the State, 
                who shall serve as Cochairperson;
                    (B) 3 members shall be appointed by the Governor of 
                the State, of whom--
                            (i) 1 member shall be a nonvoting ex 
                        officio Alaska Native; and
                            (ii) at least 1 member shall represent city 
                        or borough governments;
                    (C) 1 shall be appointed by the Secretary, shall be 
                an employee of the Department of the Interior, and 
                shall serve as Cochairperson;
                    (D) 1 member appointed by the Secretary of 
                Agriculture shall be an employee of the Natural 
                Resources Conservation Service of the Department of 
                Agriculture; and
                    (E) 1 member, appointed by the Secretary of 
                Defense, shall be an employee of--
                            (i) the Department of Defense; or
                            (ii) the Corps of Engineers.
            (2) Date of appointments.--The appointment of a member of 
        the Commission shall be made not later than 90 days after the 
        date of enactment of this Act.
    (c) Appointment; Vacancies.--
            (1) Appointment.--A member of the Commission shall serve at 
        the pleasure of the appointing authority.
            (2) Vacancies.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold the initial meeting of the Commission.
    (e) Meetings.--Subject to section 102(a), the Commission shall meet 
at the call of the Cochairpersons.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Concurrence of Cochairpersons.--A decision of the Commission 
shall require the concurrence of the Cochairpersons.
    (h) Principal Office.--The principal office of the Commission shall 
be in the State of Alaska.

SEC. 102. DUTIES.

    (a) Meetings.--For the first 2 years following the date of 
enactment of this Act, the Commission shall meet not less than 2 times 
per year.
    (b) Study.--
            (1) In general.--The Commission shall conduct a study of 
        all matters relating to--
                    (A) the feasibility of alternatives for flooding or 
                erosion assistance; and
                    (B) the development of a policy to guide 
                infrastructure investments in the Alaska Native 
                villages, cities, and boroughs that are most affected 
                by flooding or erosion.
            (2) Matters to be studied.--The matters to be studied by 
        the Commission include--
                    (A) flood and erosion processes;
                    (B) the planning needs associated with flood and 
                erosion processes, including identifying and making 
                recommendations concerning--
                            (i) specific flood and erosion 
                        circumstances that affect life and property in 
                        the State;
                            (ii) land use regulations, including area 
                        standards for designation of flood- and 
                        erosion-prone land;
                            (iii) uses to be made of flood- and 
                        erosion-prone land, and how State and Federal 
                        grants, loans, and capital improvements shall 
                        be invested in designated areas; and
                            (iv) how to regulate and implement the uses 
                        described in clause (iii) on--
                                    (I) land designated as an allotment 
                                for Alaska Native people;
                                    (II) land owned by an Alaska Native 
                                village corporation or a regional 
                                village corporation under the Alaska 
                                Native Claims Settlement Act (Public 
                                Law 92-203);
                                    (III) land owned by the Federal or 
                                State government;
                                    (IV) city and borough land; and
                                    (V) other private land; and
                    (C) the establishment of procedures to obtain the 
                view of the public on land use planning needs, such as 
                implementation and enforcement of flood and erosion 
                control and mitigation solutions, including--
                            (i) increased hydrologic and other 
                        specialized data collection; and
                            (ii) public hearings.
    (c) Evaluation.--Not later than 120 days after the date of 
enactment of this Act and annually thereafter, the Commission shall 
evaluate specific flood and erosion circumstances that affect life and 
property in the State.
    (d) Recommendations.--The Commission shall develop recommendations 
on--
            (1) the development and implementation of flood and erosion 
        control and mitigation solutions in villages and communities 
        identified by the Commission as being most in need of those 
        solutions;
            (2) programs and budgets of Federal and State agencies 
        responsible for administrating Federal and State floodplain 
        management authorities;
            (3) the establishment of State erosion management 
        responsibilities and authorities;
            (4) changes in law, policies, and programs that the 
        Commission determines are necessary or desirable to provide an 
        integrated Federal-State erosion and flood management 
        authority;
            (5) improving coordination and consultation between the 
        Federal and State governments in making resource allocation and 
        flood and erosion control and mitigation decisions;
            (6) ways to avoid conflict between the State and Alaska 
        Native people in the allocation of resources;
            (7) ensuring that higher priority is given to achieving 
        long-term sustainability of communities from debilitating flood 
        and erosion losses than to short-term project and 
        infrastructure development needs, if the flood and erosion 
        control and mitigation solution is publicly funded; and
            (8) ensuring that the economic and social well-being of 
        Alaska Native people and other residents of the State is not 
        compromised by a risk of erosion or flood that could be avoided 
        through long-term planning.

SEC. 103. ADMINISTRATION.

    (a) Advisers.--To assist the Commission in carrying out this Act, 
the Commission shall establish a committee of technical advisers to the 
Commission with expertise in--
            (1) coastal engineering;
            (2) the adverse impact of flood and erosion management;
            (3) rural community planning in the State;
            (4) how city and borough governments are affected by 
        erosion;
            (5) the relationship between State and local governments 
        and Alaska Native villages; and
            (6) any other interest that the Commission determines is 
        appropriate.
    (b) Records.--
            (1) In general.--The Commission shall maintain complete 
        records of the activities of the Commission.
            (2) Public inspection.--Records maintained under paragraph 
        (1) shall be available for public inspection.
    (c) Hearings.--The Commission may hold such hearings, meet and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this title.
    (d) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers 
        necessary to carry out this title.
            (2) Provision of information.--On request of a 
        Cochairperson of the Commission, the head of the agency shall 
        provide the information to the Commission.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property to carry out the duties of the 
Commission.

SEC. 104. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Commission who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Federal or state employees.--A member of the Commission 
        who is an officer or employee of the Federal or State 
        government shall serve without compensation in addition to the 
        compensation received for the services of the member as an 
        officer or employee of the Federal or State Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
    (c) Staff.--
            (1) In general.--The Cochairpersons of the Commission may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director and 
        such other additional personnel as are necessary to enable the 
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Cochairpersons of the Commission may fix the 
                compensation of the executive director and other 
                personnel without regard to the provisions of chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the 
                executive director and other personnel shall not exceed 
                the rate payable for level V of the Executive Schedule 
                under section 5316 of title 5, United States Code.
    (d) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Commission without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Cochairpersons of the Commission may procure temporary and intermittent 
services in accordance with section 3109(b) of title 5, United States 
Code, at rates for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.

SEC. 105. REPORTS.

    (a) Interim Reports.--Not later than September 30 of each year, the 
Commission shall submit to Congress, the Secretary, and the legislature 
of the State--
            (1) a report that describes the activities of the 
        Commission in the preceding calendar year; and
            (2) a report that describes--
                    (A) any immediate need of the Commission; and
                    (B) any imminent threat action directive for the 
                coordinated response to erosion and flooding in the 
                case of an emergency.
    (b) Final Report.--Not later than September 30, 2011, the 
Commission shall submit to Congress, the Secretary, and the legislature 
of the State a final report that describes--
            (1) the activities and findings of the Commission; and
            (2) the recommendations of the Commission for legislation 
        and administrative actions the Commission considers 
        appropriate.

SEC. 106. TERMINATION OF COMMISSION.

    The Commission shall terminate on September 30, 2011.

           TITLE II--FLOOD AND EROSION CONTROL AND MITIGATION

SEC. 201. EVALUATION AND PRIORITIZATION.

    Not later than 120 days after the date of enactment of this Act and 
annually thereafter, the Secretary, in consultation with the 
Commission, shall evaluate and prioritize specific flood and erosion 
circumstances that affect life and property in the State.

SEC. 202. FLOOD AND EROSION CONTROL AND MITIGATION.

    (a) In General.--Not later than September 15, 2006, the Secretary, 
in consultation with the Commission, shall examine the most cost-
effective ways of carrying out flood and erosion control and mitigation 
solutions devised by the Commission for the 9 villages in the State 
identified in the Government Accountability Office Report 04-142.
    (b) Cost-Effective Technology.--The Secretary, in consultation with 
the Commission, shall implement a solution described in subsection (a) 
using the most cost-effective technology to protect life and property 
in the State, including--
            (1) movement of structures;
            (2) nonstructural land management of erosion-prone areas; 
        and
            (3) structural erosion control techniques.
    (c) Grants to State and Local Governments.--For any fiscal year 
after fiscal year 2006, the Secretary may implement a solution 
described in subsection (a) through the State government or a local 
government by making a grant to a government using the remainder of any 
funds appropriated to the Secretary for appropriate flood and erosion 
control and mitigation solutions.
    (d) Factors.--In implementing a solution under this section, the 
Secretary, in consultation with the Commission, shall consider--
            (1) the design life of structural erosion control projects;
            (2) the cost effectiveness of all erosion control projects; 
        and
            (3) the availability of a revolving loan fund administered 
        by the State for relocation, elevation, and flood proofing of 
        flood- or erosion-prone structures.
    (e) Federal Share.--The Federal share of the cost of carrying out a 
project or activity under this section shall be 75 percent.

SEC. 203. MITIGATION.

    (a) In General.--The Secretary, in consultation with the 
Commission, may take any action necessary to mitigate the loss of 
structures and infrastructure from flood and erosion using the most 
cost effective means practicable to provide the longest-term benefit, 
including--
            (1) relocation;
            (2) elevation;
            (3) flood proofing; and
            (4) land management alternatives.

SEC. 204. ADMINISTRATION.

    (a) Consultation.--The Secretary shall--
            (1) consult with the Commission and appropriate Federal and 
        State agencies; and
            (2) provide oversight authority, responsibility, and 
        directives to agencies developing relocation and flood and 
        erosion control and mitigation plans.
    (b) Valid Existing Rights.--This subsection does not limit any 
right recognized under the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.) that is in existence at the time of the enactment 
of this Act.
    (c) Authority of the Secretary.--This title does not impair the 
authority of the Secretary to make contracts and grant leases, permits, 
rights-of-way, and easements.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for each of 
fiscal years 2006 through 2011 such sums as are necessary to carry out 
this Act, to remain available until expended.
    (b) Commission.--The Secretary may use not to exceed $250,000 of 
the funds made available under subsection (a) for the expenses of the 
Commission, including hiring any necessary staff.
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