II Calendar No. 376 110th CONGRESS 1st Session S. 1089 [Report No. 110–178] 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.
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 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 under chapter 11 of title 2, United States Code, as adjusted by section 5318 of title 5, United States Code. (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 rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code. (4)
Fees, charges, and commissions
(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. (B)
Use of funds
The Federal Coordinator shall use amounts collected under subparagraph (A) to carry out this section. .
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.); and (D)the National Historic Preservation Act (16 U.S.C. 470 et seq.). .
3.
Conforming amendments
Section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734) is amended— (1)in subsection (a), by striking applications and other documents relating to the public lands and inserting the duties of the Federal Coordinator,; (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 (3)in subsection (c), by striking sale, lease, use, or other disposition of public lands and inserting duties of the Federal Coordinator.
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. .
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.). .
September 17, 2007 Reported with an amendment