[Congressional Record Volume 149, Number 175 (Monday, December 8, 2003)]
[House]
[Pages H12864-H12865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 RURAL ALASKA ACCESS RIGHTS ACT OF 1999

  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I ask unanimous consent 
that the Committee on Government Reform be discharged from further 
consideration of the Senate bill (S. 1683) to make technical changes to 
the Alaska National Interest Lands Conservation Act, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Virginia?
  There was no objection.
  The Clerk read the Senate bill as follows:

                                S. 1683

       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 referred to as the ``Rural Alaska Access 
     Rights Act of 1999''.

     SEC. 2. AMENDMENT OF ACT.

       The Alaska National Interest Lands Conservation Act (Public 
     Law 96-487; 94 Stat. 2371) is amended as follows:
       (a) Section 101 is amended by adding a new subsection (e) 
     as follows:
       ``(e) All Federal public land managers in Alaska, or a 
     region that includes Alaska, shall participate in an Alaska 
     National Interest Lands Conservation Act (ANILCA) training 
     class, as outlined in this legislation, to be completed 
     within 120 days after enactment. All future appointed Federal 
     public land managers in Alaska, or a region containing 
     Alaska, shall complete ANILCA training within 60 days of 
     assuming their position.''.
       (b) Section 103(c) is amended by inserting ``validly 
     selected or'' in the second sentence before the word 
     ``conveyed''.
       (c) In section 1102, add a new subsection (5) at the end as 
     follows:
       ``(5) The term `compatible with the uses for which the unit 
     was established' means activities which would not cause 
     significant adverse impacts on conservation system units 
     purposes.''.
       (d) Section 1105 is amended by designating the existing 
     language as subsection (a) and inserting a new subsection (b) 
     as follows:
       ``(b) any alternative route that may be identified by the 
     head of the Federal agency shall not be less economically 
     feasible and prudent than the route being sought by the 
     applicant.''.
       (e) Section 1109 is amended by deleting ``access.'' and 
     inserting in lieu thereof: ``access, including rights-of-way 
     established under Revised Statute 2477.''.
       (f) The second sentence of section 1110(a) is amended by 
     adding ``specifically and tangibly'' before the word 
     ``detrimental''.
       (g) The second sentence in section 1110(a) is amended by 
     striking ``area'' and inserting in lieu thereof: ``area: 
     except that (1) reasonable regulations shall not include any 
     requirements for the demonstration of pre-existing use and 
     (2) the Secretary shall limit any prohibitions to the 
     smallest area practicable and to the shortest period of time. 
     No prohibition may be imposed prior to formal consultation 
     with and consideration of the views of the State of 
     Alaska.''.
       (h) The last sentence of section 1110(b) is amended by 
     inserting ``may include easements, right-of-way, or other 
     interests in land or permits and'' after ``such rights''.
       (i) In the last sentence of section 1110(b), strike 
     ``lands.'' and insert in lieu thereof: ``lands, except that 
     the Secretary may not impose any unreasonable fees or charges 
     on those seeking to exercise their rights under this 
     subsection. Individuals or entities possessing rights under 
     this subsection shall not be subject to the requirement of 
     sections 1104, 1105, 1106, and 1107 of this Act.''.
       (j) Section 1301(d) is amended by striking ``permit'' in 
     the final sentence and inserting in lieu thereof ``shall 
     enable''.
       (k) Section 1303(a)(1)(D) is amended by striking 
     ``located.'' and inserting in lieu thereof: ``located, except 
     that the applicant may not be required to waive, forfeit, or 
     relinquish any possessory or personal interests in a cabin or 
     structure.''.
       (l) Section 1303(a)(2)(D) is amended by striking 
     ``located.'' and inserting in lieu thereof: ``located, except 
     that the applicant may not be required to waive, forfeit, or 
     relinquish any possessory or personal interests in a cabin or 
     structure.''.
       (m) Section 1303(b)(3)(D) is amended by striking 
     ``located.'' and inserting in lieu thereof: ``located, except 
     that the applicant may not be required to waive, forfeit, or 
     relinquish any possessory or personal interests in a cabin or 
     structure.''.
       (n) Section 1303 is amended by adding a new subsection (e) 
     as follows:
       ``(e)(1) All permits, permit renewals, or renewal or 
     continuation of valid leases issued pursuant to this section 
     shall provide for repair, maintenance, and replacement 
     activities and may authorize alterations to cabins and 
     similar structure that do not constitute a significant 
     impairment of unit purposes. Reasonable access, including 
     access by aircraft, shall be afforded to permittees and 
     lessees for these purposes.
       ``(2) Fees for all permits and leases issued pursuant to 
     this section shall be reasonable and consistent with purpose 
     of maintaining and facilitating authorized use. Reasonable 
     fees are those that enable the issuing agency to recover and 
     may not exceed permit or lease processing costs.
       ``(3) For purposes of this section, a claimant shall 
     include persons who have regularly used a cabin related to 
     the provision of authorized fishing or hunting services.''.
       (o) Section 1307 (a) is amended by adding a new sentence at 
     the end as follows: ``Inability to provide the service for up 
     to a five year period shall not constitute a relinquishment 
     of a right under this section.''.
       (p) Section 1313 is amended by adding at the end of the 
     first sentence: ``A purpose of all preserve units is to 
     provide for fish and wildlife dependent recreation including 
     fishing and hunting.''.
       (q) Section 1314 (c) is amended by striking ``law.'' at the 
     end of the first sentence and inserting the following: ``law 
     except that the taking of fish and wildlife for sport as well 
     as subsistence purposes shall be permitted on each unit of 
     the Refuge system in Alaska. The Secretary may designate 
     zones where and periods when no hunting, fishing, and 
     trapping may be permitted for reasons of public safety, 
     administration, floral and faunal protection, or public use 
     and enjoyment. Except in emergencies, any regulations 
     prescribing such restrictions relating to hunting, fishing, 
     or trapping shall be put into effect only after consultation 
     with the appropriate state agency having responsibility over 
     hunting, fishing, and trapping.''.
       (r) Section 1315 is amended by adding a new subsection 
     ``(g)'' as follows:
       ``(g) Notwithstanding any other provision of law, within 
     National Forest Wilderness Areas and National Forest Monument 
     areas as designated in this Act, the Secretary of Agriculture 
     shall permit or otherwise regulate helicopter use and 
     landings.''.
       (s) Section 1316 (a) is amended in the first sentence by 
     deleting ``equipment'' and inserting in lieu thereof: 
     ``equipment, including motorized and mechanical equipment,''.
       (t) Section 1316 (a) is amended in the second sentence by 
     striking ``consistent with the protection'' and inserting in 
     lieu thereof: ``not inconsistent with the conservation''.
       (u) Section 1316 (a) is amended by striking ``permittee.'' 
     in the last sentence and inserting in lieu thereof: 
     ``permittee except that structures and facilities may be 
     allowed to stand from season to season.''.
       (v) Section 1316 (b) is amended by inserting 
     ``significantly'' before the word ``detrimental''.
       (w) Section 1317 (c) is amended by deleting ``section.'' 
     and inserting in lieu thereof: ``section except that the 
     Secretary shall not establish management directives, 
     guidelines, policies or prescriptions for the purpose of 
     administering any study area to preserve Wilderness values 
     prior to action by Congress on recommendations, if any, for 
     wilderness designation of a study area.''.
       (x) Section 1319 is amended by designating the existing 
     text as subsection ``(a)'' and adding the following 
     subsection (b):
       ``(b) Nothing in this Act shall be construed as limiting or 
     restricting the power and authority of the State of Alaska 
     except as expressly provided herein.''.
       (y) The first sentence of Section 1326 (a) is amended by 
     striking ``withdraws'' in the first sentence and inserting in 
     lieu thereof: ``withdraws, redesignates or reclassifies into 
     a different or additional land management category''.

  The SPEAKER pro tempore. The gentlewoman from Virginia (Mrs. Jo Ann 
Davis) is recognized for 1 hour.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, first I want to say that this is an identical bill to 
one that I also introduced into the House, and I am very pleased that 
we are taking up the Senate bill so that we can get it out and do what 
is right for the law enforcement officers.
  Mr. Speaker, I rise today to speak in favor of S. 1683 a bill 
introduced by Senator George Voinovich to require the Federal 
Government to conduct study reviewing the pay and benefits for our 
128,000 federal law enforcement officers.

[[Page H12865]]

  This legislation is identical to a bill I introduced this year, H.R. 
3205. We are considering the Senate version of this bill, ``The Federal 
Law Enforcement Pay and Benefits Parity Act of 2003,'' which was 
approved by the Senate shortly before Thanksgiving, in an effort to 
speed up enactment of this important piece of legislation. I want to 
thank the leadership for bringing this matter to the floor today.
  It has become obvious over the last 2 years, but bears repeating: 
Federal law enforcement officers are part of our first line of defense 
in defending the Nation.
  The legislation would require that the government reexamine how we 
compensate these brave men and women--with the goals of eliminating 
disparities among various law enforcement agencies, improving 
recruitment and retention, and ensuring that the Federal Government is 
keeping pace with State and local law enforcement agencies in terms of 
compensation.
  For an example of why we need to investigate this matter, look no 
farther than the creation of the Transportation Security 
Administration, following the September 11th terrorist attacks.

  The TSA needed to hire tens of thousands of people very quickly, and 
the agency wound up cherry picking from other federal agencies, luring 
law enforcement officers with offers of better pay and benefits. This 
left the other agencies short-handed, and many still report recruiting 
problems.
  And very shortly, the Homeland Security Department is slated to 
establish its new pay system, which could once again attract law 
enforcement officers away from other agencies.
  The Civil Service and Agency Organization Subcommittee, which I 
chair, held a hearing on July 23rd on the subject of law enforcement 
compensation. It became clear to us that the Federal Government is 
facing a serious problem in recruiting, retaining and rewarding its law 
enforcement personnel.
  Having the Office of Personnel Management conduct a detailed analysis 
of the problem and offer some possible solutions is the first step 
toward fixing this problem.
  In addition to requiring OPM to review the classification, 
compensation and benefits of federal law enforcement officers, S. 1683 
also requires the establishment of an employee exchange program 
involving Federal, State and local law enforcement agents as a way of 
sharing best practices and maintaining a well-trained force.
  Once again, I want to thank the leadership for bringing this bill to 
the floor today. I urge passage of S. 1683, ``The Federal Law 
Enforcement Pay and Benefits Parity Act of 2003.''
  Mr. Speaker, I yield back the balance of my time.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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