[House Report 104-687]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-687
_______________________________________________________________________


 
             REGULATING FISHING IN CERTAIN WATERS OF ALASKA
                                _______
                                

 July 18, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1786]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1786) to regulate fishing in certain waters of Alaska, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. DESCENDANTS' LAND USE.

  (a) In General.--Local residents who are descendants of Katmai 
residents who lived in the Naknek Lake and River Drainage shall be 
permitted, subject to reasonable regulations established by the 
Secretary of the Interior, to continue their traditional fishery for 
red fish within Katmai National Park (the national park and national 
preserve redesignated, established, and expanded under section 202(2) 
of the Alaska National Interest Lands Conservation Act (16 U.S.C. 
410hh-1)).
  (b) Red Fish Defined.--For the purposes of subsection (a), the term 
``red fish'' means spawned-out sockeye salmon that has no significant 
commercial value.

SEC. 2. EFFECT ON TITLE AND JURISDICTION OF TIDAL AND SUBMERGED LANDS.

  (a) Title.--No provision of this Act shall be construed to invalidate 
or validate or in any other way affect any claim by the State of Alaska 
to title to any or all submerged lands, nor shall any actions taken 
pursuant to or in accordance with this Act operate under any provision 
or principle of the law to bar the State of Alaska from asserting at 
any time its claim of title to any or all of the submerged lands.
  (b) Jurisdiction.--Nothing in this Act nor in any actions taken 
pursuant to this Act shall be construed as expanding or diminishing 
Federal or State jurisdiction, responsibility, interests, or rights in 
management, regulation, or control over waters of the State of Alaska 
or submerged lands under any provision of Federal or State law.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1786 is to regulate fishing in certain 
waters in Alaska.

                  BACKGROUND AND NEED FOR LEGISLATION

    The ancestors of local residents who reside within the 
boundaries of the Katmai National Park have participated in the 
annual harvest of red fish from August to early October every 
year. When the Katmai National Park was designated a park in 
the 1930s, the local residents were prohibited from the taking 
of fish except with a rod and reel.
    This bill is the result of the work of the Alaska 
Federation of Natives, the Bristol Bay Native Association and 
the Department of the Interior, and would reinstate the taking 
of red fish for local residents during the months of August 
through October.
    This bill was introduced in the 103d Congress as H.R. 4947; 
however, no committee action occurred.

                            committee action

    H.R. 1786 was introduced by Congressman Don Young (R-AK) on 
June 8, 1995. The bill was referred to the Committee on 
Resources. The Committee held a hearing on March 19, 1996, to 
accept testimony for the Bristol Bay Native Association and the 
Administration. The full Committee held a mark up of H.R. 1786 
on June 26, 1996, and accepted by voice vote an amendment in 
the nature of a substitute offered by Congressman Young. The 
bill was ordered favorably reported to the House of 
Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1.--Descendants' land use

    Section 1 defines the Katmai National Park and red fish.

Section 2.--Effect on title and jurisdiction of tidal and submerged 
        lands

    Section 2 addresses the effect of title and jurisdiction of 
tidal and submerged lands within the Katmai National Park.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     INFLATIONARY IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1786 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1786. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1786 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1786.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1786 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 16, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1786, a bill to regulate fishing in certain 
waters of Alaska, as ordered reported by the House Committee on 
Resources on June 26, 1996. We estimate that implementing this 
bill would have no significant impact on the federal budget. 
H.R. 1786 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 1786 would allow certain Alaskan natives who live 
within the boundaries of the Katmai National Park to catch red 
fish (spawned-out sockeye salmon) on park property. Based on 
information provided by the National Park Service, we estimate 
that the agency's cost to promulgate and enforce any necessary 
fishing regulations would not be significant.
    H.R. 1786 contains no private-sector or intergovernmental 
mandates as defined in Public Law 104-4 and would impose no 
costs on state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 1786 contains no unfunded mandates.

                          DEPARTMENTAL REPORTS

    The Committee has received no departmental reports on H.R. 
1786.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 1786 would make no changes in existing 
law.