[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1089 Reported in Senate (RS)]






                                                       Calendar No. 376
110th CONGRESS
  1st Session
                                S. 1089

                          [Report No. 110-178]

   To amend the Alaska Natural Gas Pipeline Act to allow the Federal 
  Coordinator for Alaska Natural Gas Transportation Projects to hire 
          employees more efficiently, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2007

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

                           September 17, 2007

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Alaska Natural Gas Pipeline Act to allow the Federal 
  Coordinator for Alaska Natural Gas Transportation Projects to hire 
          employees more efficiently, and for other purposes.

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

<DELETED>SECTION 1. ADMINISTRATION.</DELETED>

<DELETED>    Section 106 of the Alaska Natural Gas Pipeline Act (15 
U.S.C. 720d) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Administration.--</DELETED>
        <DELETED>    ``(1) Personnel appointments.--</DELETED>
                <DELETED>    ``(A) In general.--The Federal Coordinator 
                may appoint and terminate such personnel as the Federal 
                Coordinator determines to be appropriate.</DELETED>
                <DELETED>    ``(B) Authority of federal coordinator.--
                Personnel appointed by the Federal Coordinator under 
                subparagraph (A) shall be appointed without regard to 
                the provisions of title 5, United States Code, 
                governing appointments in the competitive 
                service.</DELETED>
        <DELETED>    ``(2) Compensation.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), personnel appointed by the Federal Coordinator 
                under paragraph (1)(A) shall be paid without regard to 
                the provisions of subchapter III of chapter 53 of title 
                5, United States Code (relating to classification and 
                General Schedule pay rates).</DELETED>
                <DELETED>    ``(B) Maximum level of compensation.--The 
                rate of pay for personnel appointed by the Federal 
                Coordinator under paragraph (1)(A) shall not exceed the 
                maximum level of rate payable for level III of the 
                Executive Schedule under chapter 11 of title 2, United 
                States Code, as adjusted by section 5318 of title 5, 
                United States Code.</DELETED>
        <DELETED>    ``(3) Temporary services.--</DELETED>
                <DELETED>    ``(A) In general.--The Federal Coordinator 
                may procure temporary and intermittent services in 
                accordance with section 3109(b) of title 5, United 
                States Code.</DELETED>
                <DELETED>    ``(B) Maximum level of compensation.--The 
                level of compensation of an individual employed on a 
                temporary or intermittent basis under subparagraph (A) 
                shall not exceed the maximum rate of basic pay 
                authorized for senior-level positions under section 
                5376 of title 5, United States Code.</DELETED>
        <DELETED>    ``(4) Fees, charges, and commissions.--</DELETED>
                <DELETED>    ``(A) In general.--The Federal Coordinator 
                may establish and modify reasonable filing and service 
                fees, charges, and commissions, require deposits of 
                payments, and provide refunds in accordance with 
                section 304 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1734), except that, in carrying 
                out this subparagraph, each reference to the Secretary 
                of the Interior in that section shall be considered to 
                be a reference to the Federal Coordinator.</DELETED>
                <DELETED>    ``(B) Use of funds.--The Federal 
                Coordinator shall use amounts collected under 
                subparagraph (A) to carry out this 
                section.''.</DELETED>

<DELETED>SEC. 2. CLARIFICATION OF AUTHORITY.</DELETED>

<DELETED>    Section 107(a) of the Alaska Natural Gas Pipeline Act (15 
U.S.C. 720e(a)) is amended by striking paragraph (3) and inserting the 
following:</DELETED>
        <DELETED>    ``(3) the validity of any determination, permit, 
        approval, authorization, review, or other related action taken 
        under any provision of law relating to a gas transportation 
        project constructed and operated in accordance with section 
        103, including--</DELETED>
                <DELETED>    ``(A) subchapter II of chapter 5, and 
                chapter 7, of title 5, United States Code (commonly 
                known as the `Administrative Procedure Act');</DELETED>
                <DELETED>    ``(B) the Endangered Species Act of 1973 
                (16 U.S.C. 1531 et seq.);</DELETED>
                <DELETED>    ``(C) the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.); and</DELETED>
                <DELETED>    ``(D) the National Historic Preservation 
                Act (16 U.S.C. 470 et seq.).''.</DELETED>

<DELETED>SEC. 3. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    Section 304 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1734) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``applications 
        and other documents relating to the public lands'' and 
        inserting ``the duties of the Federal Coordinator,'';</DELETED>
        <DELETED>    (2) in subsection (b), in the first sentence, by 
        striking ``applications and other documents relating to such 
        lands'' and inserting ``the duties of the Federal 
        Coordinator''; and</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``sale, lease, 
        use, or other disposition of public lands'' and inserting 
        ``duties of the Federal Coordinator''.</DELETED>

SECTION 1. ADMINISTRATION.

    Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) 
is amended by adding at the end the following:
    ``(h) Administration.--
            ``(1) Personnel appointments.--
                    ``(A) In general.--The Federal Coordinator may 
                appoint and terminate such personnel as the Federal 
                Coordinator determines to be appropriate.
                    ``(B) Authority of federal coordinator.--Personnel 
                appointed by the Federal Coordinator under subparagraph 
                (A) shall be appointed without regard to the provisions 
                of title 5, United States Code, governing appointments 
                in the competitive service.
            ``(2) Compensation.--
                    ``(A) In general.--Subject to subparagraph (B), 
                personnel appointed by the Federal Coordinator under 
                paragraph (1)(A) shall be paid without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code (relating to 
                classification and General Schedule pay rates).
                    ``(B) Maximum level of compensation.--The rate of 
                pay for personnel appointed by the Federal Coordinator 
                under paragraph (1)(A) shall not exceed the maximum 
                level of rate payable for level III of the Executive 
                Schedule.
                    ``(C) Applicability of section 5941.--Section 5941 
                of title 5, United States Code, shall apply to 
                personnel appointed by the Federal Coordinator under 
                paragraph (1)(A).
            ``(3) Temporary services.--
                    ``(A) In general.--The Federal Coordinator may 
                procure temporary and intermittent services in 
                accordance with section 3109(b) of title 5, United 
                States Code.
                    ``(B) Maximum level of compensation.--The level of 
                compensation of an individual employed on a temporary 
                or intermittent basis under subparagraph (A) shall not 
                exceed the maximum level of rate payable for level III 
                of the Executive Schedule.
            ``(4) Fees, charges, and commissions.--
                    ``(A) In general.--The Federal Coordinator shall 
                have the authority to establish, change, and abolish 
                reasonable filing and service fees, charges, and 
                commissions, require deposits of payments, and provide 
                refunds as provided to the Secretary of the Interior in 
                section 304 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1734), except that the authority 
                shall be with respect to the duties of the Federal 
                Coordinator, as described in this Act.
                    ``(B) Authority of secretary of the interior.--
                Subparagraph (A) shall not affect the authority of the 
                Secretary of the Interior to establish, change, and 
                abolish reasonable filing and service fees, charges, 
                and commissions, require deposits of payments, and 
                provide refunds under section 304 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1734).
                    ``(C) Use of funds.--The Federal Coordinator is 
                authorized to use, without further appropriation, 
                amounts collected under subparagraph (A) to carry out 
                this section.''.

SEC. 2. CLARIFICATION OF AUTHORITY.

    Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 
720e(a)) is amended by striking paragraph (3) and inserting the 
following:
            ``(3) the validity of any determination, permit, approval, 
        authorization, review, or other related action taken under any 
        provision of law relating to a gas transportation project 
        constructed and operated in accordance with section 103, 
        including--
                    ``(A) subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                `Administrative Procedure Act');
                    ``(B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(D) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); and
                    ``(E) the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 3101 et seq.).''.
                                                       Calendar No. 376

110th CONGRESS

  1st Session

                                S. 1089

                          [Report No. 110-178]

_______________________________________________________________________

                                 A BILL

   To amend the Alaska Natural Gas Pipeline Act to allow the Federal 
  Coordinator for Alaska Natural Gas Transportation Projects to hire 
          employees more efficiently, and for other purposes.

_______________________________________________________________________

                           September 17, 2007

                       Reported with an amendment