[Congressional Record Volume 142, Number 139 (Tuesday, October 1, 1996)]
[Senate]
[Pages S12059-S12060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               ALASKA SUBSISTENCE HUNTING AND FISHING ACT

  Mr. MURKOWSKI. Mr. President, I rise this morning for the purpose of 
speaking on legislation I introduced yesterday. This legislation is 
very important to my State of Alaska. The intention of the legislation 
is to try and address some of the issues regarding subsistence hunting 
and fishing in Alaska. I am under no false hope that at this late date 
this legislation will move through the Senate this year, but I want it 
to appear in the Record for the purposes of starting a dialog in our 
State and starting a dialog with the various Federal agencies involved.
  Mr. President, the issue of subsistence hunting and fishing in Alaska 
has caused a great deal of divisiveness in our State and has led to the 
State of Alaska becoming the only State in the Union which no longer 
retains the sole control of its fish and game resources on public 
lands. This is an extraordinary departure from the norm, but 
nevertheless it is a reality. The influence of the Federal Government 
over fish and wildlife resources in Alaska continues to grow and expand 
with each passing month.
  This legislation calls for the Presidential appointment of a special 
master to come up with nonbinding recommendations to the Secretary of 
Agriculture, the Secretary of the Interior, the Governor of the State 
of Alaska, the State of Alaska legislature and to the Congress, as 
well. The recommendation will be on how to return management of fish 
and game resources to the State and how best to provide for the 
continuation of a subsistence lifestyle for Alaska's residence.
  I hope to have significant discussions with the people of Alaska on 
this issue in the coming months during the recess and be prepared to 
move forward with the 105th Congress when we return in January. It 
would be my intention to introduce more definitive legislation on the 
subsistence issue at that time.
  What we are attempting to do is set, if you will, a skeleton schedule 
in place so we can build on it by generating public input.
  Mr. President, I ask unanimous consent that the text of the bill, S. 
2172, be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S12060]]

                                S. 2172

     SECTION 1. FINDINGS.

       The Congress finds that--
       (a) The State of Alaska received management authority and 
     responsibility for fish and game resources in the State at 
     the time of statehood.
       (b) The Alaska Constitution requires equal access for all 
     the citizens of the state to these fish and game resources.
       (c) The State of Alaska developed statutes to implement a 
     rural subsistence priority.
       (d) In 1980 Congress passed the Alaska National Interest 
     Lands Conservation Act providing that the ``taking on public 
     lands of fish and wildlife for nonwasteful subsistence uses 
     shall be accorded priority over the taking on such lands of 
     fish and wildlife for other purposes.''
       (e) In 1989 the Alaska Supreme Court ruled in McDowell v. 
     Alaska that the rural preference contained in the State's 
     subsistence statute violated the equal provision of the 
     Alaska Constitution putting the State's subsistence program 
     out of compliance with Title VIII of ANILCA resulting in the 
     Secretaries of Agriculture and the Interior assuming 
     subsistence management on the public lands in Alaska.
       (f) The Governor and the Lieutenant Governor of Alaska are 
     to be complimented on their several attempts to resolve the 
     issue and return management responsibilities of fish and game 
     back to the state; however, these efforts have not been 
     successful.
       (g) There continues to remain an impasse that is creating a 
     divisive atmosphere in Alaska among sport hunters, sport 
     fishermen, commercial fishermen, Alaska natives, as well as 
     urban and rural residents.
       (h) The Congress hereby declares that it is timely and 
     essential to conduct a review of Federal and State policies 
     and programs affecting subsistence in order to identify 
     specific actions that may be taken by the United States and 
     the State of Alaska to help assure that a fair subsistence 
     priority is provided to the citizens of Alaska and that 
     management authority over fish and game resources is 
     maintained by the State of Alaska.

     SEC. 2. APPOINTMENT OF SPECIAL MASTER.

       (a)(1) The President shall hereby appoint a Special Master 
     to mediate the issues involved in this impasse, and
       (2) In making the appointment of the Special Master, the 
     President shall give careful consideration to recommendations 
     submitted by the Governor of the State of Alaska and the 
     president of the Alaska State Senate, and the Speaker of the 
     Alaska State House.
       (b)(1) The principal office of the Special Master shall be 
     in the State of Alaska.
       (2) The Special Master shall--
       (A) review existing state and federal laws regarding 
     subsistence use in Alaska, and
       (B) after consultation with all interested parties, 
     including, but not limited to, Alaska natives, sport and 
     commercial fishing interests, sport hunting groups recreation 
     groups, the Governor of Alaska, the Alaska legislature, The 
     Secretaries of Agriculture and the Interior, and the members 
     of the Alaska Congressional delegation, recommend specific 
     actions to the Congress and to the State of Alaska including 
     state statutory amendments, changes in existing management 
     structures, constitutional amendments, and changes to Title 
     VIII of the ANILCA, that--
       (i) assure the State of Alaska recovers and retains 
     management authority and responsibility for fish and game on 
     all lands in Alaska, and
       (ii) provide for the continuation of the opportunity for 
     subsistence uses by residents of Alaska, including both 
     Natives and non-natives, on the public lands and by Alaska 
     Natives on Native lands which is essential for Native 
     physical, economic, traditional, and cultural existence and 
     to non-native physical, economic, traditional, and social 
     existence,
       (c) submit, by no later than the date that is six months 
     after appointment, a report on the recommendations developed 
     under paragraph (2), to the Secretary, the Congress, the 
     Governor of the State of Alaska, and the legislature of the 
     State of Alaska, and make such report available to the 
     public.
       (d) The Special Master shall have the power to--
       (1) procure, as authorized by section 3109 of title 5, 
     United States Code, temporary and intermittent services to 
     the same extent as is authorized by law for agencies in the 
     executive branch, but at rates not to exceed the daily 
     equivalent of the maximum annual rate of basic pay in effect 
     for grade GS-18 of such General Schedule.
       (e) service as a Special Master shall not be considered as 
     service or employment bringing such individual within the 
     provisions of any Federal law relating to conflicts of 
     interest or otherwise imposing restrictions, requirements, or 
     penalties in relation to the employment of persons, the 
     performance of services, or the payment or receipt of 
     compensation in connection with claims, proceedings, or 
     matters involving the United States. Service as a Special 
     Master, shall not be considered service in an appointive or 
     elective position in the Government for purposes of section 
     8344 of title 5, United States Code, or comparable provisions 
     of Federal law.
       (f)(1) The Special Master is authorized to--
       (A) hold such hearings and sit and act at such times,
       (B) take such testimony,
       (C) have such printing and binding done,
       (D) enter into such contracts and other arrangements,
       (E) make such expenditures, and
       (F) take such other actions, as the Special Master may seem 
     advisable.
       (2) The Special Master is authorized to establish task 
     forces which include individuals appointed for the purpose of 
     gathering information on specific subjects identified by the 
     Special Master as requiring the knowledge and expertise of 
     such individuals. No compensation may be paid to members of a 
     task force solely for their service on the task force, but 
     the Special Master may authorize the reimbursement of members 
     of a task force for travel and per diem in lieu of 
     subsistence expenses during the performance of duties while 
     away from the home, or regular place of business, of the 
     member, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code. The Special Master shall not 
     authorize the appointment of personnel to act as staff for 
     the task force.
       (3) The Special Master is authorized to accepts gifts of 
     services, or funds and to expend funds derived from sources 
     other than the Federal Government, including the State of 
     Alaska, private nonprofit organizations, corporations, or 
     foundations which are determined appropriate and necessary to 
     carry out the provisions of this section.
       (4) The Special Master is authorized to secure directly 
     from any officer, department, agency, establishment, or 
     instrumentality of the Federal Government such information as 
     the Special Master may require for the purpose of this 
     section, and each such officer, department, agency, 
     establishment, or instrumentality is authorized and directed 
     to furnish, to the extent permitted by law, such information, 
     suggestions, estimates, and statistics directly to the 
     Special Master, upon request
       (g) The provisions of the Federal Advisory Committee Act 
     shall not apply to the Special Master established under this 
     section.
       (h) Upon the request of the Special Master, the head of any 
     Federal department, agency, or instrumentality is authorized 
     to make any of the facilities and services of such 
     department, agency, or instrumentality available to the 
     Special Master and detail any of the personnel of such 
     department, agency, or instrumentality to the commission, on 
     a nonreimbursable basis, to assist the Special Master in 
     carrying out its duties under this section.
       (i) The Special Master may use the United States mails in 
     the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (j) The Special Master shall cease to exist on the date 
     that is one hundred eighty days after the date on which the 
     Special Master submits the report required under subsection 
     (c)(5). All records, documents, and materials of the Special 
     Master shall be transferred to the National Archives and 
     Records Administration on the date on which the Special 
     Master ceases to exist.
       (k) There is authorized to be appropriated to the Special 
     Master $250,000 to provide for the salaries and expenses to 
     carry out the provisions of this section. Such sum shall 
     remain available, without fiscal year limitation, until 
     expended.

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