II

Calendar No. 238

106TH CONGRESS

1ST SESSION S. 501

[Report No. 106–128]

To address resource management issues in Glacier Bay National Park, Alaska.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 1999

Mr. MURKOWSKI (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

JULY 29, 1999

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To address resource management issues in Glacier Bay

National Park, Alaska.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Glacier Bay Fisheries

5 Act’’.
2

S 501 RS

1 SEC. 2. RESOURCE HARVESTING.

2 (a) In Glacier Bay National Park, the Secretary of

3 the Interior shall accommodate—

4 (1) the conduct of subsistence fishing and gath5 ering under title VIII of the Alaska National Inter6 est Lands Conservation Act (16 U.S.C. 3111 et.

7 seq.); and

8 (2) the conduct by the State of Alaska, in ac9 cordance with the principles of sustained yield, of

10 marine commercial fisheries, except fishing for Dun11 geness crab in the waters of the Beardslee Islands

12 and upper Dundas Bay.

13 SEC. 3. CLAIMS FOR LOST EARNINGS.

14 Section 3(g) of Public Law 91–383 (16 U.S.C. 1a–

15 2(g)) is amended—

16 (1) in paragraph (1), by striking ‘‘and’’ at the

17 end;

18 (2) in paragraph (2), by striking the period at

19 the end and inserting ‘‘; and’’; and

20 (3) by inserting after paragraph (2) the fol21 lowing:

22 ‘‘(3) to pay an aggregate of not more than

23 $2,000,000 per fiscal year in actual and punitive

24 damages to persons that, at any time after January

25 1, 1999, suffered or suffer a loss in earnings from

26 commercial fisheries legally conducted in the marine
3

S 501 RS

1 waters of Glacier Bay National Park, due to any ac2 tion by an officer, employee, or agent of any Federal

3 department or agency, that interferes with any per4 son legally fishing or attempting to fish in such com5 mercial fisheries.’’.

6 SECTION 1. SHORT TITLE.

7 This Act may be cited as the ‘‘Glacier Bay Fisheries

8 Act’’.

9 SEC. 2. RESOURCE MANAGEMENT AND USE.

10 (a) Section 202(1) of the Alaska National Interest

11 Lands Conservation Act (16 U.S.C. 410hh–1) is amended

12 by adding at the end thereof the following new sentence:

13 ‘‘Subsistence fishing and gathering by local residents shall

14 be permitted in the park and preserve in accordance with

15 the provisions of title VIII.’’.

16 (b) Within the boundaries of Glacier Bay National

17 Park, the Secretary of the Interior shall not take any action

18 that would adversely affect—

19 (1) subsistence fishing and gathering under title

20 VIII of the Alaska National Interest Lands Conserva21 tion Act (16 U.S.C. 3111 et seq.);

22 (2) management by the State of Alaska of ma23 rine fisheries including subsistence and commercial

24 fisheries, in accordance with the principles of sus-
4

S 501 RS

1 tained yield, except that commercial fishing for Dun2 geness crab shall be prohibited; and,

3 (3) subsistence gathering activities permitted

4 under the Migratory Bird Treaty.

5 (c) Nothing in this section shall enlarge or diminish

6 Federal or State title, jurisdiction or authority with respect

7 to the waters of the State of Alaska, the waters within the

8 boundaries of Glacier Bay National Park and Preserve, or

9 the tidal or submerged lands.

10 SEC. 3. CLAIMS FOR LOST EARNINGS.

11 Section 3(g) of Public Law 91–383 (16 U.S.C. 1a–

12 2(g)) is amended—

13 (1) in paragraph (1), by striking ‘‘and’’ at the

14 end;

15 (2) in paragraph (2), by striking the period at

16 the end and inserting ‘‘; and’’; and

17 (3) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(3) to pay an aggregate of not more than

20 $2,000,000 per fiscal year in actual and punitive

21 damages to persons who, at any time after January

22 1, 1999, suffered or suffer a loss in earnings from

23 commercial fisheries legally conducted in the marine

24 waters of Glacier Bay National Park, due to any ac-
5

S 501 RS

1 tion by an officer, employee, or agent of any Federal

2 department or agency.’’
Calendar No. 238

106TH CONGRESS

1ST SESSION S. 501

[Report No. 106–128]

A BILL

To address resource management issues in Glacier

Bay National Park, Alaska.

JULY 29, 1999

Reported with an amendment