II 

110TH CONGRESS 

1ST SESSION S. 1089 

To amend the Alaska Natural Gas Pipeline Act to allow the Federal Coordinator for Alaska Natural Gas Transportation Projects to hire employees 

more efficiently, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2007 

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

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

A BILL 

To amend the Alaska Natural Gas Pipeline Act to allow 

the Federal Coordinator for Alaska Natural Gas Transportation Projects to hire employees more efficiently, and 

for other purposes. 

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

3 SECTION 1. ADMINISTRATION. 

4 Section 106 of the Alaska Natural Gas Pipeline Act 

5 (15 U.S.C. 720d) is amended by adding at the end the 

6 following: 

7 ‘‘(h) ADMINISTRATION.— 

8 ‘‘(1) PERSONNEL APPOINTMENTS.— 

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1 ‘‘(A) IN GENERAL.—The Federal Coordi2 nator may appoint and terminate such per3 sonnel as the Federal Coordinator determines 

4 to be appropriate. 

5 ‘‘(B) AUTHORITY OF FEDERAL COORDI6 NATOR.—Personnel appointed by the Federal 

7 Coordinator under subparagraph (A) shall be 

8 appointed without regard to the provisions of 

9 title 5, United States Code, governing appoint10 ments in the competitive service. 

11 ‘‘(2) COMPENSATION.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), personnel appointed by the Federal 

14 Coordinator under paragraph (1)(A) shall be 

15 paid without regard to the provisions of sub16 chapter III of chapter 53 of title 5, United 

17 States Code (relating to classification and Gen18 eral Schedule pay rates). 

19 ‘‘(B) MAXIMUM LEVEL OF COMPENSA20 TION.—The rate of pay for personnel appointed 

21 by the Federal Coordinator under paragraph 

22 (1)(A) shall not exceed the maximum level of 

23 rate payable for level III of the Executive 

24 Schedule under chapter 11 of title 2, United 

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1 States Code, as adjusted by section 5318 of 

2 title 5, United States Code. 

3 ‘‘(3) TEMPORARY SERVICES.— 

4 ‘‘(A) IN GENERAL.—The Federal Coordi5 nator may procure temporary and intermittent 

6 services in accordance with section 3109(b) of 

7 title 5, United States Code. 

8 ‘‘(B) MAXIMUM LEVEL OF COMPENSA9 TION.—The level of compensation of an indi10 vidual employed on a temporary or intermittent 

11 basis under subparagraph (A) shall not exceed 

12 the maximum rate of basic pay authorized for 

13 senior-level positions under section 5376 of title 

14 5, United States Code. 

15 ‘‘(4) FEES, CHARGES, AND COMMISSIONS.— 

16 ‘‘(A) IN GENERAL.—The Federal Coordi17 nator may establish and modify reasonable fil18 ing and service fees, charges, and commissions, 

19 require deposits of payments, and provide re20 funds in accordance with section 304 of the 

21 Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1734), except that, in carrying 

23 out this subparagraph, each reference to the 

24 Secretary of the Interior in that section shall be 

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1 considered to be a reference to the Federal Co2 ordinator. 

3 ‘‘(B) USE OF FUNDS.—The Federal Coor4 dinator shall use amounts collected under sub5 paragraph (A) to carry out this section.’’. 

6 SEC. 2. CLARIFICATION OF AUTHORITY. 

7 Section 107(a) of the Alaska Natural Gas Pipeline 

8 Act (15 U.S.C. 720e(a)) is amended by striking paragraph 

9 (3) and inserting the following: 

10 ‘‘(3) the validity of any determination, permit, 

11 approval, authorization, review, or other related ac12 tion taken under any provision of law relating to a 

13 gas transportation project constructed and operated 

14 in accordance with section 103, including— 

15 ‘‘(A) subchapter II of chapter 5, and chap16 ter 7, of title 5, United States Code (commonly 

17 known as the ‘Administrative Procedure Act’); 

18 ‘‘(B) the Endangered Species Act of 1973 

19 (16 U.S.C. 1531 et seq.); 

20 ‘‘(C) the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.); and 

22 ‘‘(D) the National Historic Preservation 

23 Act (16 U.S.C. 470 et seq.).’’. 

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1 SEC. 3. CONFORMING AMENDMENTS. 

2 Section 304 of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1734) is amended— 

4 (1) in subsection (a), by striking ‘‘applications 

5 and other documents relating to the public lands’’ 

6 and inserting ‘‘the duties of the Federal Coordi7 nator,’’; 

8 (2) in subsection (b), in the first sentence, by 

9 striking ‘‘applications and other documents relating 

10 to such lands’’ and inserting ‘‘the duties of the Fed11 eral Coordinator’’; and 

12 (3) in subsection (c), by striking ‘‘sale, lease, 

13 use, or other disposition of public lands’’ and insert14 ing ‘‘duties of the Federal Coordinator’’. 

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