II 

Calendar No. 376 

110TH CONGRESS 

1ST SESSION S. 1089 

[Report No. 110–178] 

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 

SEPTEMBER 17, 2007 

Reported by Mr. BINGAMAN, with an amendment 

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

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, 


bajohnson on PROD1PC69 with BILLS
2 

•S 1089 RS

1 SECTION 1. ADMINISTRATION. 

2 Section 106 of the Alaska Natural Gas Pipeline Act 

3 (15 U.S.C. 720d) is amended by adding at the end the 

4 following: 

5 ‘‘(h) ADMINISTRATION.— 

6 ‘‘(1) PERSONNEL APPOINTMENTS.— 

7 ‘‘(A) IN GENERAL.—The Federal Coordi8 nator may appoint and terminate such per9 sonnel as the Federal Coordinator determines 

10 to be appropriate. 

11 ‘‘(B) AUTHORITY OF FEDERAL COORDI12 NATOR.—Personnel appointed by the Federal 

13 Coordinator under subparagraph (A) shall be 

14 appointed without regard to the provisions of 

15 title 5, United States Code, governing appoint16 ments in the competitive service. 

17 ‘‘(2) COMPENSATION.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), personnel appointed by the Federal 

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

21 paid without regard to the provisions of sub22 chapter III of chapter 53 of title 5, United 

23 States Code (relating to classification and Gen24 eral Schedule pay rates). 

25 ‘‘(B) MAXIMUM LEVEL OF COMPENSA26 TION.—The rate of pay for personnel appointed 


bajohnson on PROD1PC69 with BILLS
3 

•S 1089 RS

1 by the Federal Coordinator under paragraph 

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

3 rate payable for level III of the Executive 

4 Schedule under chapter 11 of title 2, United 

5 States Code, as adjusted by section 5318 of 

6 title 5, United States Code. 

7 ‘‘(3) TEMPORARY SERVICES.— 

8 ‘‘(A) IN GENERAL.—The Federal Coordi9 nator may procure temporary and intermittent 

10 services in accordance with section 3109(b) of 

11 title 5, United States Code. 

12 ‘‘(B) MAXIMUM LEVEL OF COMPENSA13 TION.—The level of compensation of an indi14 vidual employed on a temporary or intermittent 

15 basis under subparagraph (A) shall not exceed 

16 the maximum rate of basic pay authorized for 

17 senior-level positions under section 5376 of title 

18 5, United States Code. 

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

20 ‘‘(A) IN GENERAL.—The Federal Coordi21 nator may establish and modify reasonable fil22 ing and service fees, charges, and commissions, 

23 require deposits of payments, and provide re24 funds in accordance with section 304 of the 

25 Federal Land Policy and Management Act of 


bajohnson on PROD1PC69 with BILLS
4 

•S 1089 RS

1 1976 (43 U.S.C. 1734), except that, in carrying 

2 out this subparagraph, each reference to the 

3 Secretary of the Interior in that section shall be 

4 considered to be a reference to the Federal Co5 ordinator. 

6 ‘‘(B) USE OF FUNDS.—The Federal Coor7 dinator shall use amounts collected under sub8 paragraph (A) to carry out this section.’’. 

9 SEC. 2. CLARIFICATION OF AUTHORITY. 

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

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

12 (3) and inserting the following: 

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

14 approval, authorization, review, or other related ac15 tion taken under any provision of law relating to a 

16 gas transportation project constructed and operated 

17 in accordance with section 103, including— 

18 ‘‘(A) subchapter II of chapter 5, and chap19 ter 7, of title 5, United States Code (commonly 

20 known as the ‘Administrative Procedure Act’); 

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

22 (16 U.S.C. 1531 et seq.); 

23 ‘‘(C) the National Environmental Policy 

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


bajohnson on PROD1PC69 with BILLS
5 

•S 1089 RS

1 ‘‘(D) the National Historic Preservation 

2 Act (16 U.S.C. 470 et seq.).’’. 

3 SEC. 3. CONFORMING AMENDMENTS. 

4 Section 304 of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1734) is amended— 

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

7 and other documents relating to the public lands’’ 

8 and inserting ‘‘the duties of the Federal Coordi9 nator,’’; 

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

11 striking ‘‘applications and other documents relating 

12 to such lands’’ and inserting ‘‘the duties of the Fed13 eral Coordinator’’; and 

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

15 use, or other disposition of public lands’’ and insert16 ing ‘‘duties of the Federal Coordinator’’. 

17 SECTION 1. ADMINISTRATION. 

18 Section 106 of the Alaska Natural Gas Pipeline Act 

19 (15 U.S.C. 720d) is amended by adding at the end the fol20 lowing: 

21 ‘‘(h) ADMINISTRATION.— 

22 ‘‘(1) PERSONNEL APPOINTMENTS.— 

23 ‘‘(A) IN GENERAL.—The Federal Coordi24 nator may appoint and terminate such personnel 


bajohnson on PROD1PC69 with BILLS
6 

•S 1089 RS

1 as the Federal Coordinator determines to be ap2 propriate. 

3 ‘‘(B) AUTHORITY OF FEDERAL COORDI4 NATOR.—Personnel appointed by the Federal Co5 ordinator under subparagraph (A) shall be ap6 pointed without regard to the provisions of title 

7 5, United States Code, governing appointments 

8 in the competitive service. 

9 ‘‘(2) COMPENSATION.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), personnel appointed by the Federal 

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

13 paid without regard to the provisions of chapter 

14 51 and subchapter III of chapter 53 of title 5, 

15 United States Code (relating to classification 

16 and General Schedule pay rates). 

17 ‘‘(B) MAXIMUM LEVEL OF COMPENSA18 TION.—The rate of pay for personnel appointed 

19 by the Federal Coordinator under paragraph 

20 (1)(A) shall not exceed the maximum level of rate 

21 payable for level III of the Executive Schedule. 

22 ‘‘(C) APPLICABILITY OF SECTION 5941.— 

23 Section 5941 of title 5, United States Code, shall 

24 apply to personnel appointed by the Federal Co25 ordinator under paragraph (1)(A). 


bajohnson on PROD1PC69 with BILLS
7 

•S 1089 RS

1 ‘‘(3) TEMPORARY SERVICES.— 

2 ‘‘(A) IN GENERAL.—The Federal Coordi3 nator may procure temporary and intermittent 

4 services in accordance with section 3109(b) of 

5 title 5, United States Code. 

6 ‘‘(B) MAXIMUM LEVEL OF COMPENSA7 TION.—The level of compensation of an indi8 vidual employed on a temporary or intermittent 

9 basis under subparagraph (A) shall not exceed 

10 the maximum level of rate payable for level III 

11 of the Executive Schedule. 

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

13 ‘‘(A) IN GENERAL.—The Federal Coordi14 nator shall have the authority to establish, 

15 change, and abolish reasonable filing and service 

16 fees, charges, and commissions, require deposits 

17 of payments, and provide refunds as provided to 

18 the Secretary of the Interior in section 304 of the 

19 Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1734), except that the authority 

21 shall be with respect to the duties of the Federal 

22 Coordinator, as described in this Act. 

23 ‘‘(B) AUTHORITY OF SECRETARY OF THE

24 INTERIOR.—Subparagraph (A) shall not affect 

25 the authority of the Secretary of the Interior to 


bajohnson on PROD1PC69 with BILLS
8 

•S 1089 RS

1 establish, change, and abolish reasonable filing 

2 and service fees, charges, and commissions, re3 quire deposits of payments, and provide refunds 

4 under section 304 of the Federal Land Policy 

5 and Management Act of 1976 (43 U.S.C. 1734). 

6 ‘‘(C) USE OF FUNDS.—The Federal Coordi7 nator is authorized to use, without further ap8 propriation, amounts collected under subpara9 graph (A) to carry out this section.’’. 

10 SEC. 2. CLARIFICATION OF AUTHORITY. 

11 Section 107(a) of the Alaska Natural Gas Pipeline Act 

12 (15 U.S.C. 720e(a)) is amended by striking paragraph (3) 

13 and inserting the following: 

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

15 approval, authorization, review, or other related ac16 tion taken under any provision of law relating to a 

17 gas transportation project constructed and operated 

18 in accordance with section 103, including— 

19 ‘‘(A) subchapter II of chapter 5, and chap20 ter 7, of title 5, United States Code (commonly 

21 known as the ‘Administrative Procedure Act’); 

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

23 (16 U.S.C. 1531 et seq.); 

24 ‘‘(C) the National Environmental Policy 

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


bajohnson on PROD1PC69 with BILLS
9 

•S 1089 RS

1 ‘‘(D) the National Historic Preservation Act 

2 (16 U.S.C. 470 et seq.); and 

3 ‘‘(E) the Alaska National Interest Lands 

4 Conservation Act (16 U.S.C. 3101 et seq.).’’. 


bajohnson on PROD1PC69 with BILLS
Calendar No. 376 

110TH CONGRESS 

1ST SESSION S. 1089 

[Report No. 110

–178] 

A BILL 

To amend the Alaska Natural Gas Pipeline Act to 

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

SEPTEMBER 17, 2007 

Reported with an amendment 


bajohnson on PROD1PC69 with BILLS