[Congressional Record Volume 143, Number 106 (Thursday, July 24, 1997)]
[Senate]
[Pages S8093-S8096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 1064. A bill to amend the Alaska National Interest Lands 
Conservation Act to more effectively manage visitor service and fishing 
activity in Glacier Bay National Park, and for other purposes; to the 
Committee on Energy and Natural Resources.


         THE GLACIER BAY MANAGEMENT AND PROTECTION ACT OF 1997

  Mr. MURKOWSKI. Mr. President, I rise today to introduce legislation 
addressing several important aspects of the administration and 
management of Glacier Bay National Park, one of the most popular and 
unique tourist destinations in the country.
  This bill will encourage the continuation of the Park Service's 
ongoing efforts to work with concession operators to improve visitor 
services, as well as deal fairly and finally with a long-standing 
dispute over the status of commercial and subsistence fishing.
  On the latter subject, this bill reflects the progress of several 
years of discussions with local interests and the Park Service. These 
efforts have been positive, but have been hampered from achieving 
consensus by some groups' unwillingness to compromise. Insofar as 
possible, this bill represents an attempt to stake out reasonable and 
responsible middle ground that respects the wishes of all concerned.
  Mr. President, commercial fishermen have plied the waters of Glacier 
Bay and the outer coast of the area now included in the park for over 
100 years. local native villagers, the Huna Tlingit people, have done 
so for thousands of years. At no time have these activities damaged the 
park or its resources, nor have they harmed the area's wild and scenic 
qualities in any way.
  This simple fact cannot be overemphasized. To put it another way--
commercial fishermen and local villagers have continually fished in 
Glacier Bay since long before it became a park or a monument, and the 
fact that we value it so highly today is proof that they have not had 
an adverse impact on the species of the bay.
  Unfortunately, some interests don't care about fairness, and would 
like to see fishing and gathering banned no matter how environmentally 
benign or how critical to local livelihoods.
  On subsistence, this bill corrects inconsistencies in the Alaska 
National Interest Lands Conservation Act [ANILCA] concerning 
subsistence fishing and gathering in Glacier Bay National Park. 
Villagers living near Glacier Bay, whose ancestors have used the bay 
continually for the last 9,000 years, must be allowed to use the bay's 
resources to feed their families --to fish for halibut, salmon, and 
crabs, and to collect clams, seaweeds, berries, and other foods that 
are traditional in their culture.
  Let me emphasize that we are talking about a relative handful of 
families from the local Native village of Hoonah, which has a 
population of less than 900, and a few people from other nearby 
communities such as Elfin Cove, Gustavus, and Pelican. We are not 
talking about thousands of people. These Alaskans do not have 
convenient supermarkets. They deserve respect--they deserve to have 
their historic use recognized and provided for by this Congress.
  My bill also addresses commercial fishing in the park. For 
generations, commercial fishermen have caught salmon, halibut, and 
crabs in Glacier Bay and have fished the rich grounds of the outside 
coast.
  There is no biological reason for restricting commercial fishing 
activity anywhere in the park. The fishery resources are healthy, 
diverse, closely monitored, and carefully regulated. It should also be 
noted that of the park's approximately 3 million acres of marine 
waters, only about 500,000 are productive enough to warrant significant 
interest.
  These fisheries already are restricted as to method and number of 
participants, and are carefully managed to ensure continued abundance. 
There is nothing in this bill, and there is no desire by the fishing 
industry, to change these controls or increase the level of this 
sustainable activity. Closely monitored by the State of Alaska, which 
has proven itself a reliable custodian of the fisheries resources, 
commercial fishing does not harm the environment in any way.
  Mr. President, in the grand scheme of this Nation's economy, these 
fisheries are small potatoes. But to the fishermen who depend upon 
them, to their families, and to the small, remote communities in which 
they live, these fisheries are of utmost importance. They are harm-
free, and those who participate in them deserve their government's 
help, not the destruction of their simple lifestyle.
  This bill authorizes fishing throughout the park. However, because 
there are special sensitivities inside Glacier Bay itself, it also 
designates the waters inside the bay--as opposed to the outer coast--as 
a special scientific reserve, for which a joint Federal-State group of 
scientists will make recommendations on where fishing should or should 
not occur, and at what level.
  A further special provision is also included in the one area where 
there is a significant potential for conflict between fishermen and 
certain nonmotorized uses such as kayaking. This area is the Beardlee 
Islands, near the entrance to the bay. Under this bill, the only 
commercial fishing that would be allowed in the Beardslees would be 
crab fishing, and that only by the very small number of people--perhaps 
half a dozen--that can show both a significant history of participation 
and significant dependence on that fishery for their livelihoods. This 
privilege could be transferred to one successor when the original 
fisherman retires, but will cease after that. And at any point, the 
Park Service could eliminate all fishing in the Beardslees with a fair 
payment to the individual fishermen. The

[[Page S8094]]

reason for such a special rule in the Beardslees is simply that these 
fishermen have no other option than fishing in the Beardslees, due to 
the size of their vessels, their reliance on this one fishery, and 
other factors.
  This bill will not contribute to any increase in fishing pressure; in 
fact, over time the opposite may occur. It will simply provide for the 
scientifically sound continuation of an environmentally benign 
activity.
  In closing, Mr. President, let me add that the continuation of both 
subsistence and commercial fishing enjoys wide support from local 
residents, including environmental groups such as the Southeast Alaska 
Conservation Council.
  I ask unanimous consent that the text of the bill be printed in the 
Record and look forward to my colleagues' support for this measure.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1064

       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 ``Glacier Bay Management and 
     Protection Act of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the geographical area comprising Glacier Bay National 
     Park has been recognized as having important national 
     significance since the creation of Glacier Bay National 
     Monument by Presidential proclamation on February 26, 1925, 
     and the subsequent Presidential proclamation expanding the 
     monument on April 18, 1939;
       (2) in 1980, Congress enlarged and redesignated the 
     monument as Glacier Bay National Park;
       (3) the Park provides valuable opportunities for the 
     scientific study of marine and terrestrial resources in 
     various stages of a postglaciation period;
       (4) the Park is a popular tourist destination for cruise 
     ship and tour boat passengers, recreational boaters, 
     fishermen, back-country kayakers, hikers, and other users;
       (5) improvements to the Park's infrastructure and an 
     increase in small passenger vessel capacity within the Park 
     are needed to provide for increased enjoyment by visitors to 
     the Park and more efficient management of Park activities;
       (6) Huna Tlingit Indians residing near Glacier Bay have 
     engaged in subsistence fishing and gathering in and around 
     the bay for approximately 9,000 years, interrupted only by 
     periodic glacial advances, and reestablished after each 
     glacial retreat;
       (7) commercial fishing has occurred in and around Glacier 
     Bay for over 100 years, long before the area was recognized 
     by the Federal Government;
       (8) commercial fishing and subsistence fishing and 
     gathering in Glacier Bay National Park occur at stable levels 
     of activity that have no perceivable adverse effect on the 
     health or sustainability of marine resources in the Park, 
     including the marine resources of Glacier Bay;
       (9) commercial fishing and subsistence fishing and 
     gathering are of great importance to local residents who 
     often lack other alternatives for sustaining their 
     livelihood; and
       (10) the continuation of commercial fishing and subsistence 
     fishing and gathering in Glacier Bay has widespread support 
     among local residents and Glacier Bay users, including the 
     environmental community and operators of back-country kayak 
     tours.

     SEC. 3. INFRASTRUCTURE IMPROVEMENT.

       Section 1306 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3196) is amended by adding at the 
     end the following:
       ``(c) Glacier Bay Park.--
       ``(1) Glacier bay lodge.--
       ``(A) Cooperative agreement.--The Secretary may enter into 
     a cooperative agreement, partnership, or other contractual 
     relationship with the operator of Glacier Bay Lodge in 
     Bartlett Cove for the purpose of making improvements to the 
     Lodge and related visitor facilities.
       ``(B) Scope of work.--Improvements to the physical plant 
     and infrastructure under subparagraph (A) may include--
       ``(i) expansion of the overnight lodging, meeting space, 
     and food service capacity of the Lodge;
       ``(ii) improvement of visitor access, including boat 
     landing facilities, paths, walkways, and vehicular access 
     routes;
       ``(iii) construction of a visitor information center and an 
     Alaska Native cultural center;
       ``(iv) construction of research and maintenance facilities 
     necessary to support Glacier Bay National Park and Glacier 
     Bay Lodge activities;
       ``(v) construction or alteration of staff housing; and
       ``(vi) correction of deficiencies that may impair 
     compliance with Federal or State construction, safety, or 
     access requirements.
       ``(2) Alteration of park headquarters.--Before entering 
     into a cooperative agreement or contract for alteration or 
     expansion of National Park Service facilities in or near 
     Gustavus, Alaska, the Secretary shall provide to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that includes a cost-benefit analysis of the 
     alteration or expansion, including an examination of other 
     reasonable alternatives to achieve the desired level of 
     service.''.

     SEC. 4. SMALL PASSENGER VESSELS.

       Section 1307 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3197) is amended by adding at the 
     end the following:
       ``(d) Glacier Bay Passenger Vessels.
       ``(1) In general.--Not later than 9 months after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to increase the number of Glacier Bay 
     entry permits available to tour boats during June, July, and 
     August to a level consistent with the demand for the entries.
       ``(2) Transit separate from tour boats.--Increases in tour 
     boat entry permits for Glacier Bay under paragraph (1) shall 
     be considered separate from, and shall not affect or be 
     affected by, the number of entry permits provided to small 
     passenger vessels providing passage to and from Glacier Bay 
     Lodge.''.

     SEC. 5. SURVEY OF PARK USERS.

       Section 1307 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3197) (as amended by section 4) 
     is amended by adding at the end the following:
       ``(e) Survey of Glacier Bay Users.--
       ``(1) Survey design.--Not later than 60 days after the date 
     of enactment of this subsection, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives a plan for conducting a comprehensive survey 
     of Glacier Bay National Park users during the following 
     visitor season, including individuals arriving in the Park on 
     commercially operated vessels, to determine--
       ``(A) the extent to which the users consider the activities 
     of other groups of users of the Park as having an adverse 
     impact on the users' enjoyment of the Park; and
       ``(B) the extent to which the expectations of the users for 
     the Park are being satisfied.
       ``(2) Results.--Not later than December 31 of the calendar 
     year in which the survey is conducted pursuant to the plan 
     submitted under paragraph (1), the Secretary shall report to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Resources of the House of 
     Representatives the results of the survey and any 
     recommendations the Secretary considers necessary to 
     reconcile competing uses of the Park or satisfy visitor 
     access needs of the Park.''.

     SEC. 6. FISHING.

       Section 1314 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3202) is amended by adding at the 
     end the following:
       ``(d) Fishing in Glacier Bay National Park.--
       ``(1) Definitions.--In this subsection:
       ``(A) Council.--The term `Council' means the Glacier Bay 
     Fishery Science Advisory Council established by paragraph 
     (6).
       ``(B) Exterior waters of the park.--The term `exterior 
     waters of the Park' means the marine waters in the Park but 
     outside Glacier Bay proper.
       ``(C) Glacier bay proper.--The term `Glacier Bay proper' 
     means the waters of Glacier Bay, including coves and inlets, 
     north of a line drawn from Point Gustavus to Point Carolus.
       ``(D) Park.--The term `Park' means Glacier Bay National 
     Park.
       ``(E) Reserve.--The term `Reserve' means the Glacier Bay 
     Marine Fisheries Reserve designated by paragraph (4).
       ``(F) Resident population.--The term `resident population' 
     means a discrete population of fish or shellfish that--
       ``(i) spawns in the Park;
       ``(ii) is comprised of individual fish or shellfish the 
     majority of which spend the greater part of their life cycle 
     in the Park; or
       ``(iii) is demonstrated to be reliant on unique features of 
     the Park for the survival of the population.
       ``(2) Subsistence use.--
       ``(A) In general.--Subject to subparagraph (B), subsistence 
     fishing and gathering by a local resident of the Park, 
     including a resident of Hoonah, shall be allowed in the Park 
     in accordance with title VIII.
       ``(B) Permanent structures.--No permanent structure 
     associated with subsistence fishing or gathering, including a 
     set net site, fish camp, cabin, or other related structure, 
     may be constructed in the Park.
       ``(3) Commercial fishing generally.--
       ``(A) Allowed commercial fishing.--
       ``(i) In general.--Subject to the other provisions of this 
     subsection, the Secretary shall allow commercial fishing in 
     the Park using the following methods and means in use for 
     commercial fishing in the Park during calendar years 1980 
     through 1996:

       ``(I) Trolling or seining for salmon, except that seining 
     may not be used in Glacier Bay proper.
       ``(II) Longlining.
       ``(III) Use pots or ring nets.

       ``(ii) Federal and state laws.--Fishing allowed under 
     clause (i) shall be subject to any applicable Federal or 
     State law.
       ``(iii) Adverse impact.--

       ``(I) In general.--If the Secretary determines that 
     scientifically valid information demonstrates a significant 
     adverse impact is occurring to a resident population as a 
     result of commercial fishing in the Park, the Secretary shall 
     consult with the relevant State fishery management authority 
     and may request that the authority initiate remedial action.

[[Page S8095]]

       ``(II) Emergency action.--If the Secretary determines that 
     commercial fishing is causing an emergency that poses an 
     immediate threat to a Park resource, including a resident 
     population of fish or shellfish, and that the relevant State 
     fishery management authority is not taking appropriate 
     action, the Secretary may promulgate such regulations as are 
     necessary to protect the threatened resource for the duration 
     of the emergency.

       ``(B) Memorandum of understanding.--Not later than 90 days 
     after the date of enactment of this subsection, the Secretary 
     and the relevant State fishery management authority shall 
     jointly prepare and publish a memorandum of understanding 
     that--
       ``(i) describes the respective authority of the Secretary 
     and the State fishery management authority with regard to the 
     management of commercial fishing in the Park; and
       ``(ii) establishes a process for consultations and 
     regulatory action under subparagraph (A).
       ``(4) Glacier bay marine fisheries reserve.--
       ``(A) Designation.--The waters of Glacier Bay proper are 
     designated as the Glacier Bay Marine Fisheries Reserve.
       ``(B) Purposes.--The purposes of the Reserve are--
       ``(i) to maintain a high degree of protection for the 
     living marine resources of the Glacier Bay marine ecosystem;
       ``(ii) to provide for the continued health, diversity, and 
     abundance of the resources in the Glacier Bay marine 
     ecosystem;
       ``(iii) to provide a continuing opportunity for the conduct 
     of fisheries science in a postglacial ecological environment; 
     and
       ``(iv) to provide for sustainable public use and enjoyment 
     of the marine resources of Glacier Bay.
       ``(C) Fishing.--
       ``(i) in general.--Subject to clauses (ii) and (iii), the 
     Reserve shall remain open to fishing in accordance with 
     paragraphs (2) and (3).
       ``(ii) Closures and restrictions.--A closure or a 
     restriction on time, area, or method or means of access to 
     the Reserve may be implemented by the appropriate State 
     fishery management authority if the closure or restriction--

       ``(I) is recommended by the Council; and
       ``(II) is required to achieve the purposes of the Reserve.

       ``(iii) Comment.--Before implementing a closure under 
     clause (ii), the appropriate State fishery management 
     authority shall solicit comments from affected commercial or 
     subsistence users of the Reserve.
       ``(5) Beardslee islands.--
       ``(A) Restriction on fishing.--Notwithstanding paragraph 
     (4)(C), the waters of the Beardslee Islands managed as 
     wilderness shall be closed to commercial fishing, except that 
     the appropriate State fishery management authority shall 
     allow commercial fishing for Dungeness crab by an individual 
     who, during calendar years 1984 through 1995--
       ``(i) participated in commercial fishing for Dungeness crab 
     in the Beardslee Islands for a minimum of 10 fishing seasons; 
     and
       ``(ii) was reliant on the fishing referred to in clause (i) 
     for a significant part of the individual's fishery-related 
     income.
       ``(B) Information.--In making a determination of 
     eligibility under subparagraph (A), the appropriate fishery 
     management authority shall consider all available public 
     records as well as any other information made available by 
     the prospective applicant.
       ``(C) Ineligibility.--
       ``(i) In general.--If an individual engaged in commercial 
     fishing in the waters of the Beardslee Islands under this 
     paragraph voluntarily ceases to participate actively in the 
     fishing for a period of at least 1 year for any reason other 
     than illness, injury, or national service, the individual 
     shall not be eligible to engage in commercial fishing in the 
     waters of the Beardslee Islands under this paragraph.
       ``(ii) Designated successor.--

       ``(I) In general.--An individual who is ineligible to 
     engage in commercial fishing under clause (i) may, at any 
     time before or during the year in which the individual ceases 
     to participate actively in fishing, designate a successor 
     that may engage in commercial fishing for Dungeness crab in 
     the waters of the Beardslee Islands under this paragraph as 
     long so the successor--

       ``(aa) engages in commercial fishing for Dungeness crab in 
     the waters of the Beardslee Islands; and
       ``(bb) is reliant on the fishing for a significant part of 
     the individual's fishery-related income.

       ``(II) Ineligibility of successor.--If a successor 
     designated under subclause (I) voluntarily ceases to 
     participate actively in fishing in the waters of the 
     Beardslee Islands under this paragraph for a period of at 
     least 1 year for any reason other than illness, injury, or 
     national service, the individual shall no longer be eligible 
     to engage in commercial fishing in the waters of the 
     Beardslee Islands under this paragraph.

       ``(D) Temporary successor.--
       ``(i) In general.--If an individual eligible to engage in 
     commercial fishing in the waters of the Beardslee Islands 
     under this paragraph is forced by reason of illness, injury, 
     or national service to forego the fishing, the individual may 
     designate a temporary successor for a period of 1 year.
       ``(ii) Renewal.--The designation of a temporary successor 
     under clause (i) may be renewed yearly so long as the 
     condition of illness, injury, or national service continues 
     to prevent the eligible individual from participating in the 
     commercial fishing.
       ``(E) Other law.--An individual eligible to fish under this 
     paragraph shall be subject to any other Federal or State law.
       ``(F) Fishing cessation agreement.--
       ``(i) In general.--The Secretary and an individual engaged 
     in commercial fishing under this paragraph may agree on the 
     cessation of commercial fishing by the individual.
       ``(ii) Designation of successor.--An individual who agrees 
     to cease commercial fishing under clause (i) may not 
     designate a successor under subparagraph (C)(ii).
       ``(G) Forced retirement of successor.--The Secretary may 
     require an individual designated as a successor under 
     subparagraph (C)(ii) to cease commercial fishing under this 
     paragraph if the facility--
       ``(i) determines that cessation of commercial fishing by 
     the individual would be significantly beneficial to the 
     Reserve; and
       ``(ii) compensates the individual for the individual's 
     expected lifetime earnings for the commercial fishing, as 
     determined by--

       ``(I) the individual's average annual earnings over a 5-
     year period from the commercial fishing; or
       ``(II) if a minimum of 5 years of data on the individual's 
     earnings from the commercial fishing are unavailable, the 
     average annual earnings of the individual's predecessor for 
     the commercial fishing.

       ``(6) Fishery science advisory council.--
       ``(A) Establishment.--There is established the Glacier Bay 
     Fishery Science Advisory Council.
       ``(B) Membership.--
       ``(i) In general.--The Council shall consist of 5 members, 
     of whom--

       ``(I) 2 members shall be professional fishery biologists 
     appointed by the Secretary;
       ``(II) 2 members shall be professional fishery biologists 
     appointed by the Governor of Alaska; and
       ``(III) 1 member shall be a professional fishery biologist 
     who is not employed by the Federal Government or the State of 
     Alaska, who shall--

       ``(aa) be appointed jointly by the Secretary and the 
     Governor of Alaska; and
       ``(bb) serve as chairperson of the Council.
       ``(ii) Appointments.--Appointments to the Council shall be 
     made not later than 60 days after the date of enactment of 
     this subsection.
       ``(iii) Replacement.--A Council member shall serve on the 
     Council until replaced by the authority that appointed the 
     individual.
       ``(C) Responsibilities.--The Council shall--
       ``(i) not later than 180 days after the date of enactment 
     of this subsection, provide a report reviewing the status of 
     knowledge about fishery resources in the Park to the 
     Secretary, the State of Alaska, the Committee on Energy and 
     Natural Resources of the Senate, and the Committee on 
     Resources of the House of Representatives; and
       ``(ii) not later than 1 year after the date of enactment of 
     this subsection, in consultation with appropriate Federal and 
     State agencies, prepare a fisheries management plan for the 
     Reserve, including areas managed as wilderness, in accordance 
     with subparagraph (D).
       ``(D) Fisheries management plan.--The fisheries management 
     plan referred to in subparagraph (C)(ii) shall--
       ``(i) describe a framework for pursuing opportunities for 
     fisheries science in combination with the continued harvest 
     of fish and shellfish from the Reserve, consistent with sound 
     management practices and in accordance with recognized 
     principles for the management of sustainable resources; and
       ``(ii) make such recommendations as the Council considers 
     appropriate regarding fishery research needs and regulations 
     regarding fishing times, areas, methods, and means.
       ``(E) Continuing recommendation.--After completing the 
     fisheries management plan under subparagraph (D), the Council 
     shall continue to meet at least annually, and at such other 
     times as the Council considers necessary, to provide to the 
     Secretary and the entities referred to in subparagraph (C)(i) 
     such additional recommendations on fishery research and 
     management priorities and needs in the Reserve as the Council 
     considers appropriate.
       ``(F) Consensus decisions.--For a recommendation, 
     designation, or determination of the Council to be effective 
     it shall be made by consensus.
       ``(G) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Council.
       ``(7) Effect on tidal and submerged land.--
       ``(A) Claim to tidal or submerged land.--
       ``(i) In general.--Nothing is this subsection invalidates, 
     validates, or in any other way affects any claim of the State 
     of Alaska to title to any tidal or submerged land.
       ``(ii) Future action.--No action taken pursuant to or in 
     accordance with this subsection shall bar the State of Alaska 
     from asserting at any time its claim of title to any tidal or 
     submerged land.
       ``(B) Jurisdiction.--Nothing in this subsection, and no 
     action taken pursuant to this subsection, shall expand or 
     diminish Federal or State jurisdiction, responsibility, 
     interests, or rights in the management, regulation, or 
     control of waters or tidal or submerged land of the State of 
     Alaska.''.
  Mr. President, I rise today to offer a bill to provide tax relief to 
America's

[[Page S8096]]

farmer-owned cooperatives. My bill would allow members of America's 
farmer-owned cooperatives to passthrough the small producer tax credit 
for ethanol to cooperative members, who are currently not able to take 
this credit.
  Farmer-owned cooperatives are at the heart of America's rural 
communities. Cooperatives and cooperative members--family farmers whose 
survival and prosperity are essential for our whole country--work hard, 
invest, and contribute to their communities daily. We owe them their 
fair share of that daily effort, along with a level playing field to 
compete on with other businesses.
  I am therefore introducing legislation that will allow the small 
ethanol producer credit to pass through to cooperative owners and 
members. Farmer-owned cooperatives have invested over $1 billion in 
ethanol production and marketing, and more than 857,000 farmers have a 
stake in the continued development and growth of this important 
domestic value-added industry. Yet, the members of these cooperatives 
are unable to benefit from this tax credit because cooperatives are not 
allowed to passthrough the credit.
                                 ______