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