[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3005 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3005

   To establish the Alaska Land Use Council, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2016

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

_______________________________________________________________________

                                 A BILL


 
   To establish the Alaska Land Use Council, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Land Use Council Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to facilitate enhanced coordination and 
cooperation among Federal, State, and Alaska Native Corporation and 
tribal land and resource managers in the implementation of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) and 
other applicable land and resource management laws.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conservation system unit.--The term ``conservation 
        system unit'' has the meaning given the term in section 102 of 
        the Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3102).
            (2) Council.--The term ``Council'' means the Alaska Land 
        Use Council established by section 4(a).
            (3) Native; native corporation; regional corporation; 
        village corporation.--The terms ``Native'', ``Native 
        Corporation'', ``Regional Corporation'', and ``Village 
        Corporation'' have the meanings given the terms 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, except that when such term is used with 
        respect to any unit of the National Forest System, such term 
        means the Secretary of Agriculture.
            (5) State.--The term ``State'' means the State of Alaska.

SEC. 4. ESTABLISHMENT; MEMBERSHIP.

    (a) Establishment.--There is established the Alaska Land Use 
Council.
    (b) Composition.--
            (1) Permanent members.--The Council shall consist of each 
        of the following permanent members:
                    (A) Federal members.--The head of the Alaska 
                offices of each of the following Federal agencies:
                            (i) The National Park Service.
                            (ii) The United States Fish and Wildlife 
                        Service.
                            (iii) The Forest Service.
                            (iv) The Bureau of Land Management.
                    (B) State members.--The following State members:
                            (i) The Commissioner of the Alaska 
                        Department of Environmental Conservation.
                            (ii) The Commissioner of the Alaska 
                        Department of Fish and Game.
                            (iii) The Commissioner of the Alaska 
                        Department of Natural Resources.
                            (iv) The Commissioner of the Alaska 
                        Department of Transportation and Public 
                        Facilities.
                    (C) Alaska native members.--The following Alaska 
                Native members:
                            (i) 2 representatives selected by the 
                        Regional Corporations, in consultation with the 
                        respective Village Corporations, that represent 
                        the 12 geographic regions described in section 
                        7(a) of the Alaska Native Claims Settlement Act 
                        (43 U.S.C. 1606(a)); and
                            (ii) 2 representatives of Alaska Natives 
                        selected through the Alaska Federation of 
                        Natives, at least 1 of whom represents an 
                        Alaska Native tribe.
            (2) Advisory members.--
                    (A) In general.--In addition to the permanent 
                members of the Council appointed under paragraph (1), 
                representatives of other agencies may participate, with 
                the concurrence of the permanent members of the 
                Council, on an ad hoc basis, with respect to specific 
                projects or activities of the Council.
                    (B) Inclusions.--Individuals that may participate 
                on an ad hoc basis under subparagraph (A) include 
                representatives of--
                            (i) the Alaska Department of Commerce, 
                        Community, and Economic Development;
                            (ii) the Citizens' Advisory Commission on 
                        Federal Areas;
                            (iii) the State ANILCA Program Coordinator 
                        or members of the State ANILCA Program within 
                        the State administration;
                            (iv) the University of Alaska;
                            (v) the Alaska Mental Health Land Trust 
                        Authority;
                            (vi) units of local government in the 
                        State;
                            (vii) the Bureau of Indian Affairs;
                            (viii) the Coast Guard;
                            (ix) the Environmental Protection Agency;
                            (x) the Federal Aviation Administration;
                            (xi) the National Oceanic and Atmospheric 
                        Administration;
                            (xii) the Bureau of Ocean Energy 
                        Management;
                            (xiii) the Corps of Engineers;
                            (xiv) the United States Geological Survey; 
                        and
                            (xv) the Federal Highway Administration.
            (3) Vacancy.--Any vacancy on the Council shall be filled in 
        the same manner as the original appointment was made.
    (c) Presiding Officer.--The Council shall elect a Presiding Officer 
from among the permanent members of the Council on an annual basis.
    (d) Location of Office.--The office of the Council shall be located 
in the State.
    (e) Meetings.--
            (1) In general.--The Council shall meet at the call of the 
        Presiding Officer, but not less than 4 times each year.
            (2) Open to the public.--All Council meetings shall be open 
        to the public.
            (3) Notice.--At least 30 days before the date on which a 
        meeting of the Council is to be held, the Presiding Officer 
        shall publish notice of the meeting in--
                    (A) the Federal Register;
                    (B) newspapers of general circulation in various 
                areas throughout the State; and
                    (C) all Federal and State agency websites that 
                regularly provide notice of public meetings, including 
                any social media websites.
    (f) Rules.--The Council shall adopt any internal rules of procedure 
for the Council that the Council determines to be necessary.

SEC. 5. COUNCIL PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Federal members.--A member of the Council who is a 
        Federal employee shall receive no additional compensation for 
        service on the Council.
            (2) State members.--A State member of the Council shall be 
        compensated in accordance with applicable State law.
            (3) Travel expenses.--A member or advisory member of the 
        Council shall be allowed travel expenses, including per diem, 
        at rates authorized for experts or consultants under section 
        5703 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 Council.
    (b) Staff.--The Presiding Officer may--
            (1) create and abolish staff positions, including positions 
        for temporary and intermittent staff;
            (2) establish and provide for the qualification, 
        appointment, removal, and compensation of Council staff; and
            (3) procure office space, supplies, and equipment needed 
        for the Council.
    (c) Limitation on Use of Federal Funds.--During any 1 fiscal year, 
the Federal Government shall provide not more than $2,000,000 of the 
costs and other expenses of the Council (other than salaries and 
benefits of members of the Council) incurred by the Council in carrying 
out the duties of the Council under this Act.

SEC. 6. POWERS.

    (a) Hearings.--For the purpose of carrying out this Act, the 
Council may hold such hearings, take such testimony, receive such 
evidence, and print or otherwise prepare, reproduce, and distribute 
reports relating to any proceedings that the Council determines to be 
advisable.
    (b) Use of Equipment and Personnel.--
            (1) In general.--The Council may, with the consent of the 
        head of the Federal or other agency, as applicable, use the 
        services, equipment, personnel, and facilities of Federal and 
        other agencies, with or without reimbursement.
            (2) Cooperation required.--Each department and agency of 
        the Federal Government shall cooperate fully in making the 
        services, equipment, personnel, and facilities of the 
        department or agency available to the Council.
            (3) Supervision.--Personnel detailed to the Council under 
        this subsection shall be under the direction of the Presiding 
        Officer (or a designee of the Presiding Officer) during any 
        period in which the staff are detailed to the Council.
    (c) Donations.--The Council may accept and use donations, gifts, 
and other contributions to carry out the duties of the Council under 
this Act.

SEC. 7. DUTIES.

    (a) Studies; Advisory Role.--The Council shall conduct studies and 
advise the Secretary, the Secretary of Agriculture, other Federal 
agencies, the State, units of local government in the State, Alaska 
Native tribes, and Native Corporations with respect to--
            (1) ongoing, planned, and proposed land and resource uses 
        in the State (including transportation planning, land use 
        designation and classification, fish and wildlife management, 
        tourism, agricultural development, coastal zone management, and 
        preservation of cultural and historical resources); and
            (2) such other matters as may be submitted by--
                    (A) the permanent members of the Council for 
                advice; and
                    (B) the advisory members of the Council, subject to 
                the approval of the permanent members of the Council.
    (b) Recommendations.--The Council shall make recommendations--
            (1) to appropriate officials of the Federal Government and 
        the State with respect to--
                    (A) proposed and existing regulations issued by a 
                Federal agency to carry out the responsibilities of the 
                Federal agency under the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 3101 et seq.) and other 
                applicable Federal laws;
                    (B) management plans and studies required by the 
                Alaska National Interest Lands Conservation Act (16 
                U.S.C. 3101 et seq.) and other applicable Federal laws 
                related to public lands (as defined in section 102 of 
                the Alaska National Interest Lands Conservation Act (16 
                U.S.C. 3102)), including plans and studies for 
                conservation system units, national recreation areas, 
                national conservation areas, the National Petroleum 
                Reserve--Alaska, designated wilderness study areas, 
                other areas managed for wilderness characteristics, and 
                other public land managed by the Secretary of 
                Agriculture or the Secretary of the Interior;
                    (C) proposed regulations issued by the State to 
                carry out the responsibilities of the State under the 
                Alaska National Interest Lands Conservation Act (16 
                U.S.C. 3101 et seq.);
                    (D) the implementation of any regulations, 
                management plans, or studies described in subparagraphs 
                (A) through (C), including through policies, 
                procedures, guidance, programs, or administrative 
                directives;
                    (E) ways to improve coordination and consultation 
                between the Federal Government and the State in land 
                and wildlife management, transportation planning, 
                natural resource development, wilderness review, and 
                other governmental activities that--
                            (i) may affect land and resource 
                        responsibilities of Federal, State, or Alaska 
                        Native entities; or
                            (ii) require regional or statewide 
                        coordination;
                    (F) ways to ensure that economic development is--
                            (i) orderly and planned;
                            (ii) consistent with the Alaska National 
                        Interest Lands Conservation Act (16 U.S.C. 3101 
                        et seq.); and
                            (iii) compatible with State and national 
                        economic, social, and environmental objectives;
                    (G) any changes in laws, policies, guidance, 
                procedures, administrative directives, and programs 
                relating to publicly managed land and resources that 
                the Council determines to be necessary;
                    (H)(i) the inventory, planning, classification, 
                management, and use of Federal land and State land, 
                respectively; and
                    (ii) to provide to Native Corporations, on request 
                of the Native Corporations, assistance with the 
                activities described in clause (i);
                    (I) any necessary modifications with respect to 
                existing withdrawals of Federal land and State land; 
                and
                    (J) the programs and budgets of Federal agencies 
                and State agencies responsible for the administration 
                of Federal land and State land, respectively; and
            (2) to appropriate officials of the Federal Government, the 
        State, and Native Corporations, with respect to land exchanges, 
        land acquisitions, and boundary adjustments among the Federal 
        Government, the State, and Native Corporations.
    (c) Cooperative Planning.--
            (1) Recommendations.--The Council shall recommend the 
        establishment of cooperative planning zones consisting of areas 
        of the State in which the management of land or resources by 1 
        member of the Council materially affects the management of land 
        or resources of 1 or more other members of the Council.
            (2) Cooperative agreements.--Federal members of the Council 
        may enter into cooperative agreements with Federal, State, and 
        local agencies and Native Corporations that provide for mutual 
        consultation, review, and coordination of land and resource 
        management plans and programs within the zones recommended 
        under paragraph (1).
            (3) Assistance.--
                    (A) In general.--With respect to land, water, and 
                interests in land and water that are subject to a 
                cooperative agreement in accordance with this 
                subsection, the Secretary may provide technical and 
                other assistance to the landowner with respect to fire 
                control, trespass control, law enforcement, resource 
                use, and planning.
                    (B) Reimbursement not required.--Assistance may be 
                provided under subparagraph (A) without reimbursement 
                if the Secretary determines that providing the 
                assistance without reimbursement would--
                            (i) further the purposes of the cooperative 
                        agreement; and
                            (ii) be in the public interest.
            (4) Public participation.--A cooperative agreement entered 
        into under this subsection shall include a plan for public 
        participation consistent with the guidelines established by the 
        Council under section 8.
    (d) Failure To Accept Recommendations.--
            (1) In general.--Except as provided in paragraph (2), if 
        any Federal or State agency does not accept a recommendation 
        made by the Council pursuant to subsection (b) or (c), not 
        later than 60 days after the date of receipt of the 
        recommendation, the agency shall inform the Council, in writing 
        of the reasons of the agency for the action, including, for a 
        Federal agency, a statement of--
                    (A) whether the Federal agency will pursue part or 
                none of the recommended action; and
                    (B) reasons for the decision of the Federal agency 
                with respect to the recommended action.
            (2) Council proposals for changes to existing federal 
        regulations, policies, and decisions.--
                    (A) In general.--If the Council recommends in 
                writing that an action be taken by a Federal agency to 
                modify Federal regulations, policies, or decisions, the 
                head of the Federal agency shall respond in writing to 
                the Council not later than 90 days after the date on 
                which the Federal agency received the recommendation of 
                the Council.
                    (B) Requirement.--In a response to the Council 
                under paragraph (1), the head of the Federal agency 
                shall--
                            (i) state whether the Federal agency will 
                        take all, part, or none of the recommended 
                        action; and
                            (ii) provide a statement of reasons for the 
                        decision of the Federal agency with respect to 
                        the recommended action.
    (e) Recordkeeping.--The Council shall--
            (1) maintain complete accounts and records of the 
        activities and transactions of the Council; and
            (2) make accounts and records maintained under paragraph 
        (1) available for public inspection.
    (f) Report.--Not later than February 1 of each calendar year after 
the calendar year in which the Council is established, the Presiding 
Officer shall submit to the President, Congress, the Governor of the 
State, and the State legislature a report that--
            (1) describes the activities of the Council during the 
        previous year; and
            (2) includes any recommendations of the Council for 
        legislative or other actions in furtherance of the purposes of 
        this Act.

SEC. 8. PUBLIC PARTICIPATION PROGRAM.

    (a) Establishment.--The Council may establish and implement a 
public participation program to assist the Council in carrying out the 
duties of the Council under this Act.
    (b) Committee of Land Use Advisors.--
            (1) In general.--The program established under subsection 
        (a) may include a committee of land use advisors composed of 
        representatives of commercial and industrial land users in the 
        State, recreational land users, wilderness users, environmental 
        groups, Native Corporations, tribal organizations, and other 
        public and private organizations, to be appointed by the 
        Council.
            (2) Membership.--To the maximum extent practicable, the 
        membership of the committee established under paragraph (1) 
        shall provide a balanced mixture of national, State, and local 
        perspectives and expertise on land and resource use issues.
    (c) Proposed Systems.--The program established under subsection (a) 
may include--
            (1) a system for the identification of persons and 
        communities in rural and urban Alaska that may be directly or 
        significantly affected by studies conducted, or advice and 
        recommendations given, by the Council under this Act; and
            (2) guidelines for, and implementation of, a system for 
        effective public participation by the persons and communities 
        described in paragraph (1) in the development of the studies, 
        advice, and recommendations by the Council.

SEC. 9. TERMINATION.

    (a) In General.--Unless extended by Congress, the Council shall 
terminate 15 years after the date of enactment of this Act.
    (b) Report.--Not later than 1 year before the termination date 
under subsection (a), the Presiding Officer shall submit to Congress a 
report that--
            (1) describes the accomplishments of the Council;
            (2) includes recommendations of the Council as to whether 
        the Council should be extended; and
            (3) if the Council determines that the Council should not 
        be extended, includes recommendations for legislation or other 
        actions to be carried out following the termination of the 
        Council to continue carrying out the purposes for which the 
        Council was established.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Council $2,000,000, 
to remain available until expended.
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