II 

109TH CONGRESS 

1ST SESSION S. 49 

To establish a joint Federal-State Floodplain and Erosion Mitigation 

Commission for the State of Alaska. 

IN THE SENATE OF THE UNITED STATES 

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

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

A BILL 

To establish a joint Federal-State Floodplain and Erosion 

Mitigation Commission for the State of 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Alaska Floodplain and Erosion Mitigation Commission 

6 Act of 2005’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 
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TITLE I—JOINT FEDERAL-STATE FLOODPLAIN AND EROSION 

MITIGATION COMMISSION FOR ALASKA 

Sec. 101. Establishment of commission. 

Sec. 102. Duties. 

Sec. 103. Administration. 

Sec. 104. Commission personnel matters. 

Sec. 105. Reports. 

Sec. 106. Termination of commission. 

TITLE II—FLOOD AND EROSION CONTROL AND MITIGATION 

Sec. 201. Evaluation and prioritization. 

Sec. 202. Flood and erosion control and mitigation. 

Sec. 203. Mitigation. 

Sec. 204. Administration. 

TITLE III—AUTHORIZATION OF APPROPRIATIONS 

Sec. 301. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Joint Federal-State Floodplain and Ero5 sion Mitigation Commission for Alaska established 

6 by section 101(a). 

7 (2) ALASKA NATIVE.—The term ‘‘Alaska Na8 tive’’ has the meaning given the term in section 3 

9 of the Alaska Native Claims Settlement Act (43 

10 U.S.C. 1602). 

11 (3) ALASKA NATIVE VILLAGE.—The term 

12 ‘‘Alaska Native village’’ has the meaning given the 

13 term in section 3 of the Alaska Native Claims Set14 tlement Act (43 U.S.C. 1602). 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 
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1 (5) STATE.—The term ‘‘State’’ means the State 

2 of Alaska. 

3 TITLE I—JOINT FEDERAL-STATE 

4 FLOODPLAIN AND EROSION 

5 MITIGATION COMMISSION 

6 FOR ALASKA 

7 SEC. 101. ESTABLISHMENT OF COMMISSION. 

8 (a) ESTABLISHMENT.—There is established a com9 mission to be known as the ‘‘Joint Federal-State Flood10 plain and Erosion Mitigation Commission for Alaska’’. 

11 (b) MEMBERSHIP.— 

12 (1) COMPOSITION.—The Commission shall be 

13 composed of 7 members, of whom— 

14 (A) 1 member shall be the Governor of the 

15 State, who shall serve as Cochairperson; 

16 (B) 3 members shall be appointed by the 

17 Governor of the State, of whom— 

18 (i) 1 member shall be a nonvoting ex 

19 officio Alaska Native; and 

20 (ii) at least 1 member shall represent 

21 city or borough governments; 

22 (C) 1 shall be appointed by the Secretary, 

23 shall be an employee of the Department of the 

24 Interior, and shall serve as Cochairperson; 
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1 (D) 1 member appointed by the Secretary 

2 of Agriculture shall be an employee of the Nat3 ural Resources Conservation Service of the De4 partment of Agriculture; and 

5 (E) 1 member, appointed by the Secretary 

6 of Defense, shall be an employee of— 

7 (i) the Department of Defense; or 

8 (ii) the Corps of Engineers. 

9 (2) DATE OF APPOINTMENTS.—The appoint10 ment of a member of the Commission shall be made 

11 not later than 90 days after the date of enactment 

12 of this Act. 

13 (c) APPOINTMENT; VACANCIES.— 

14 (1) APPOINTMENT.—A member of the Commis15 sion shall serve at the pleasure of the appointing au16 thority. 

17 (2) VACANCIES.—A vacancy on the Commis18 sion— 

19 (A) shall not affect the powers of the Com20 mission; and 

21 (B) shall be filled in the same manner as 

22 the original appointment was made. 

23 (d) INITIAL MEETING.—Not later than 30 days after 

24 the date on which all members of the Commission have 
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1 been appointed, the Commission shall hold the initial 

2 meeting of the Commission. 

3 (e) MEETINGS.—Subject to section 102(a), the Com4 mission shall meet at the call of the Cochairpersons. 

5 (f) QUORUM.—A majority of the members of the 

6 Commission shall constitute a quorum, but a lesser num7 ber of members may hold hearings. 

8 (g) CONCURRENCE OF COCHAIRPERSONS.—A deci9 sion of the Commission shall require the concurrence of 

10 the Cochairpersons. 

11 (h) PRINCIPAL OFFICE.—The principal office of the 

12 Commission shall be in the State of Alaska. 

13 SEC. 102. DUTIES. 

14 (a) MEETINGS.—For the first 2 years following the 

15 date of enactment of this Act, the Commission shall meet 

16 not less than 2 times per year. 

17 (b) STUDY.— 

18 (1) IN GENERAL.—The Commission shall con19 duct a study of all matters relating to— 

20 (A) the feasibility of alternatives for flood21 ing or erosion assistance; and 

22 (B) the development of a policy to guide 

23 infrastructure investments in the Alaska Native 

24 villages, cities, and boroughs that are most af25 fected by flooding or erosion. 
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1 (2) MATTERS TO BE STUDIED.—The matters to 

2 be studied by the Commission include— 

3 (A) flood and erosion processes; 

4 (B) the planning needs associated with 

5 flood and erosion processes, including identi6 fying and making recommendations con7 cerning— 

8 (i) specific flood and erosion cir9 cumstances that affect life and property in 

10 the State; 

11 (ii) land use regulations, including 

12 area standards for designation of flood13 and erosion-prone land; 

14 (iii) uses to be made of flood- and ero15 sion-prone land, and how State and Fed16 eral grants, loans, and capital improve17 ments shall be invested in designated 

18 areas; and 

19 (iv) how to regulate and implement 

20 the uses described in clause (iii) on— 

21 (I) land designated as an allot22 ment for Alaska Native people; 

23 (II) land owned by an Alaska 

24 Native village corporation or a re25 gional village corporation under the 
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1 Alaska Native Claims Settlement Act 

2 (Public Law 92–203); 

3 (III) land owned by the Federal 

4 or State government; 

5 (IV) city and borough land; and 

6 (V) other private land; and 

7 (C) the establishment of procedures to ob8 tain the view of the public on land use planning 

9 needs, such as implementation and enforcement 

10 of flood and erosion control and mitigation solu11 tions, including— 

12 (i) increased hydrologic and other spe13 cialized data collection; and 

14 (ii) public hearings. 

15 (c) EVALUATION.—Not later than 120 days after the 

16 date of enactment of this Act and annually thereafter, the 

17 Commission shall evaluate specific flood and erosion cir18 cumstances that affect life and property in the State. 

19 (d) RECOMMENDATIONS.—The Commission shall de20 velop recommendations on— 

21 (1) the development and implementation of 

22 flood and erosion control and mitigation solutions in 

23 villages and communities identified by the Commis24 sion as being most in need of those solutions; 
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1 (2) programs and budgets of Federal and State 

2 agencies responsible for administrating Federal and 

3 State floodplain management authorities; 

4 (3) the establishment of State erosion manage5 ment responsibilities and authorities; 

6 (4) changes in law, policies, and programs that 

7 the Commission determines are necessary or desir8 able to provide an integrated Federal-State erosion 

9 and flood management authority; 

10 (5) improving coordination and consultation be11 tween the Federal and State governments in making 

12 resource allocation and flood and erosion control and 

13 mitigation decisions; 

14 (6) ways to avoid conflict between the State and 

15 Alaska Native people in the allocation of resources; 

16 (7) ensuring that higher priority is given to 

17 achieving long-term sustainability of communities 

18 from debilitating flood and erosion losses than to 

19 short-term project and infrastructure development 

20 needs, if the flood and erosion control and mitigation 

21 solution is publicly funded; and 

22 (8) ensuring that the economic and social well23 being of Alaska Native people and other residents of 

24 the State is not compromised by a risk of erosion or 
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1 flood that could be avoided through long-term plan2 ning. 

3 SEC. 103. ADMINISTRATION. 

4 (a) ADVISERS.—To assist the Commission in car5 rying out this Act, the Commission shall establish a com6 mittee of technical advisers to the Commission with exper7 tise in— 

8 (1) coastal engineering; 

9 (2) the adverse impact of flood and erosion 

10 management; 

11 (3) rural community planning in the State; 

12 (4) how city and borough governments are af13 fected by erosion; 

14 (5) the relationship between State and local 

15 governments and Alaska Native villages; and 

16 (6) any other interest that the Commission de17 termines is appropriate. 

18 (b) RECORDS.— 

19 (1) IN GENERAL.—The Commission shall main20 tain complete records of the activities of the Com21 mission. 

22 (2) PUBLIC INSPECTION.—Records maintained 

23 under paragraph (1) shall be available for public in24 spection. 
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1 (c) HEARINGS.—The Commission may hold such 

2 hearings, meet and act at such times and places, take such 

3 testimony, and receive such evidence as the Commission 

4 considers advisable to carry out this title. 

5 (d) INFORMATION FROM FEDERAL AGENCIES.— 

6 (1) IN GENERAL.—The Commission may secure 

7 directly from a Federal agency such information as 

8 the Commission considers necessary to carry out this 

9 title. 

10 (2) PROVISION OF INFORMATION.—On request 

11 of a Cochairperson of the Commission, the head of 

12 the agency shall provide the information to the Com13 mission. 

14 (e) GIFTS.—The Commission may accept, use, and 

15 dispose of gifts or donations of services or property to 

16 carry out the duties of the Commission. 

17 SEC. 104. COMMISSION PERSONNEL MATTERS. 

18 (a) COMPENSATION OF MEMBERS.— 

19 (1) NON-FEDERAL EMPLOYEES.—A member of 

20 the Commission who is not an officer or employee of 

21 the Federal Government shall be compensated at a 

22 rate equal to the daily equivalent of the annual rate 

23 of basic pay prescribed for level IV of the Executive 

24 Schedule under section 5315 of title 5, United 

25 States Code, for each day (including travel time) 
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1 during which the member is engaged in the perform2 ance of the duties of the Commission. 

3 (2) FEDERAL OR STATE EMPLOYEES.—A mem4 ber of the Commission who is an officer or employee 

5 of the Federal or State government shall serve with6 out compensation in addition to the compensation 

7 received for the services of the member as an officer 

8 or employee of the Federal or State Government. 

9 (b) TRAVEL EXPENSES.—A member of the Commis10 sion shall be allowed travel expenses, including per diem 

11 in lieu of subsistence, at rates authorized for an employee 

12 of an agency under subchapter I of chapter 57 of title 

13 5, United States Code, while away from the home or reg14 ular place of business of the member in the performance 

15 of the duties of the Commission. 

16 (c) STAFF.— 

17 (1) IN GENERAL.—The Cochairpersons of the 

18 Commission may, without regard to the civil service 

19 laws (including regulations), appoint and terminate 

20 an executive director and such other additional per21 sonnel as are necessary to enable the Commission to 

22 perform the duties of the Commission. 

23 (2) CONFIRMATION OF EXECUTIVE DIREC24 TOR.—The employment of an executive director shall 

25 be subject to confirmation by the Commission. 
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1 (3) COMPENSATION.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the Cochairpersons of the 

4 Commission may fix the compensation of the 

5 executive director and other personnel without 

6 regard to the provisions of chapter 51 and sub7 chapter III of chapter 53 of title 5, United 

8 States Code, relating to classification of posi9 tions and General Schedule pay rates. 

10 (B) MAXIMUM RATE OF PAY.—The rate of 

11 pay for the executive director and other per12 sonnel shall not exceed the rate payable for 

13 level V of the Executive Schedule under section 

14 5316 of title 5, United States Code. 

15 (d) DETAIL OF FEDERAL GOVERNMENT EMPLOY16 EES.— 

17 (1) IN GENERAL.—An employee of the Federal 

18 Government may be detailed to the Commission 

19 without reimbursement. 

20 (2) CIVIL SERVICE STATUS.—The detail of the 

21 employee shall be without interruption or loss of civil 

22 service status or privilege. 

23 (e) PROCUREMENT OF TEMPORARY AND INTERMIT24 TENT SERVICES.—The Cochairpersons of the Commission 

25 may procure temporary and intermittent services in ac-
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1 cordance with section 3109(b) of title 5, United States 

2 Code, at rates for individuals that do not exceed the daily 

3 equivalent of the annual rate of basic pay prescribed for 

4 level V of the Executive Schedule under section 5316 of 

5 that title. 

6 SEC. 105. REPORTS. 

7 (a) INTERIM REPORTS.—Not later than September 

8 30 of each year, the Commission shall submit to Congress, 

9 the Secretary, and the legislature of the State— 

10 (1) a report that describes the activities of the 

11 Commission in the preceding calendar year; and 

12 (2) a report that describes— 

13 (A) any immediate need of the Commis14 sion; and 

15 (B) any imminent threat action directive 

16 for the coordinated response to erosion and 

17 flooding in the case of an emergency. 

18 (b) FINAL REPORT.—Not later than September 30, 

19 2011, the Commission shall submit to Congress, the Sec20 retary, and the legislature of the State a final report that 

21 describes— 

22 (1) the activities and findings of the Commis23 sion; and 
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1 (2) the recommendations of the Commission for 

2 legislation and administrative actions the Commis3 sion considers appropriate. 

4 SEC. 106. TERMINATION OF COMMISSION. 

5 The Commission shall terminate on September 30, 

6 2011. 

7 TITLE II—FLOOD AND EROSION 

8 CONTROL AND MITIGATION 

9 SEC. 201. EVALUATION AND PRIORITIZATION. 

10 Not later than 120 days after the date of enactment 

11 of this Act and annually thereafter, the Secretary, in con12 sultation with the Commission, shall evaluate and 

13 prioritize specific flood and erosion circumstances that af14 fect life and property in the State. 

15 SEC. 202. FLOOD AND EROSION CONTROL AND MITIGATION. 

16 (a) IN GENERAL.—Not later than September 15, 

17 2006, the Secretary, in consultation with the Commission, 

18 shall examine the most cost-effective ways of carrying out 

19 flood and erosion control and mitigation solutions devised 

20 by the Commission for the 9 villages in the State identified 

21 in the Government Accountability Office Report 04–142. 

22 (b) COST-EFFECTIVE TECHNOLOGY.—The Secretary, 

23 in consultation with the Commission, shall implement a 

24 solution described in subsection (a) using the most cost- 
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1 effective technology to protect life and property in the 

2 State, including— 

3 (1) movement of structures; 

4 (2) nonstructural land management of erosion5 prone areas; and 

6 (3) structural erosion control techniques. 

7 (c) GRANTS TO STATE AND LOCAL GOVERNMENTS.— 

8 For any fiscal year after fiscal year 2006, the Secretary 

9 may implement a solution described in subsection (a) 

10 through the State government or a local government by 

11 making a grant to a government using the remainder of 

12 any funds appropriated to the Secretary for appropriate 

13 flood and erosion control and mitigation solutions. 

14 (d) FACTORS.—In implementing a solution under this 

15 section, the Secretary, in consultation with the Commis16 sion, shall consider— 

17 (1) the design life of structural erosion control 

18 projects; 

19 (2) the cost effectiveness of all erosion control 

20 projects; and 

21 (3) the availability of a revolving loan fund ad22 ministered by the State for relocation, elevation, and 

23 flood proofing of flood- or erosion-prone structures. 
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1 (e) FEDERAL SHARE.—The Federal share of the cost 

2 of carrying out a project or activity under this section shall 

3 be 75 percent. 

4 SEC. 203. MITIGATION. 

5 (a) IN GENERAL.—The Secretary, in consultation 

6 with the Commission, may take any action necessary to 

7 mitigate the loss of structures and infrastructure from 

8 flood and erosion using the most cost effective means prac9 ticable to provide the longest-term benefit, including— 

10 (1) relocation; 

11 (2) elevation; 

12 (3) flood proofing; and 

13 (4) land management alternatives. 

14 SEC. 204. ADMINISTRATION. 

15 (a) CONSULTATION.—The Secretary shall— 

16 (1) consult with the Commission and appro17 priate Federal and State agencies; and 

18 (2) provide oversight authority, responsibility, 

19 and directives to agencies developing relocation and 

20 flood and erosion control and mitigation plans. 

21 (b) VALID EXISTING RIGHTS.—This subsection does 

22 not limit any right recognized under the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1601 et seq.) that is 

24 in existence at the time of the enactment of this Act. 
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1 (c) AUTHORITY OF THE SECRETARY.—This title does 

2 not impair the authority of the Secretary to make con3 tracts and grant leases, permits, rights-of-way, and ease4 ments. 

5 TITLE III—AUTHORIZATION OF 

6 APPROPRIATIONS 

7 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There is authorized to be appro9 priated for each of fiscal years 2006 through 2011 such 

10 sums as are necessary to carry out this Act, to remain 

11 available until expended. 

12 (b) COMMISSION.—The Secretary may use not to ex13 ceed $250,000 of the funds made available under sub14 section (a) for the expenses of the Commission, including 

15 hiring any necessary staff. 

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