I
107TH CONGRESS
2D SESSION
H. R. 4587
To establish the Joint Federal and State Navigable Waters Commission
for Alaska.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 2002
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish the Joint Federal and State Navigable Waters
Commission for Alaska.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Joint Federal and
State Navigable Waters Commission for Alaska’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The efficient and orderly development of the
State of Alaska will be better achieved if the Federal
Government joins the State of Alaska in a carefully
coordinated approach to identify ownership and ju-
risdictional interests in land and waters.
(2) Alaska has abundant water resources that
are invaluable to State residents and all citizens of
the United States.
(3) Because of the massive number of navigable
waterways and other bodies of water in the State of
Alaska, the task of resolving submerged land owner-
ship and navigable water determinations has been
very slow, counter-productive from an orderly re-
source management standpoint, and costly as the
State, private landowners, and the Federal Govern-
ment attempt to initiate long-range planning proc-
esses.
(b) PURPOSES.—The purposes of this Act are the fol-
lowing:
(1) Expedite the process of quieting legitimate
title to the submerged lands in the State of Alaska.
(2) Facilitate determinations for purposes of
the Submerged Lands Act (43 U.S.C. 1301 et seq.),
to the extent possible, which bodies of water in Alas-
ka are navigable waters and which such bodies of
water are not navigable waters.
(3) Recommend to the State of Alaska and the
Federal Government—
(A) ways to improve the process of making
water use and navigability decisions; and
(B) ways to fairly and expeditiously quiet
title to the State’s submerged lands.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
‘‘Joint Federal and State Navigable Waters Commission
for Alaska’’ (in this Act referred to as the ‘‘Commission’’).
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall—
(1) make recommendations to the Secretary of
the Interior and the State of Alaska regarding deter-
mination of bodies of water in the State that are
navigable waters for purposes of the Submerged
Lands Act (43 U.S.C. 1301 et seq.);
(2) establish a process for employing estab-
lished standards to facilitate making such rec-
ommendations and determinations;
(3) develop procedures for involving private
landowners, including Alaska Native corporations
and the general public, in that process;
(4) for purposes of making such recommenda-
tions, undertake a process to identify navigable wa-
ters in Alaska pursuant to established standards and
criteria; and
(5) make recommendations to improve coordi-
nation and consultation between the government of
the State of Alaska and the Federal Government re-
garding navigability determinations and decisions
concerning title to submerged lands.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN
GENERAL.—The Commission shall be
composed of 10 members, of which 5 shall be Fed-
eral members appointed under subsection (b) and 5
shall be State members appointed under subsection
(c).
(2) APPOINTMENT DEADLINE.—Initial appoint-
ments under this section shall be made not later
than 60 days after the date of enactment of this
Act.
(b) FEDERAL MEMBERS.—The 5 Federal members
shall consist of—
(1) 1 member appointed by the President of the
United States;
(2) 1 member appointed by each of the three
members of the Congress who represent the State of
Alaska; and
(3) 1 member appointed by the Secretary of the
Interior.
(c) STATE MEMBERS.—The 5 State members shall
consist of—
(1) the Governor of the State of Alaska or the
Governor’s designee;
(2) 2 members appointed by the Governor of
the State of Alaska, of whom 1 shall be an Alaska
Native (as that term is defined in the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.));
(3) 1 member appointed by the President of the
Alaska Senate; and
(4) 1 member appointed by the Speaker of the
Alaska House of Representatives.
Each of State members shall serve at the pleasure of the
appointing authority for that member.
(d) INELIGIBILITY FOR APPOINTMENT.—Members of
Congress shall be ineligible for appointment to the Com-
mission.
(e) CO-CHAIRS.—The member appointed by the
President of the United States and the Governor or Gov-
ernor’s designee shall serve as co-chairs of the Commis-
sion.
(f) INITIAL MEETING.—The initial meeting of the
Commission shall be called by the co-chairs.
(g) TERM OF APPOINTMENT.—
(1) IN GENERAL.—Subject to paragraph (2),
members of the Commission shall be appointed for
the life of the Commission.
(2) EARLY TERMINATION OF APPOINTMENT.—
(A) Membership of a member of the Commission
shall terminate if the member is—
(i) an individual who is an officer or em-
ployee of a government body and who ceases to
serve as such an officer or employee; or
(ii) an individual who is not an officer or
employee of a government and who becomes an
officer or employee of a government.
(B) Termination of an individual’s membership
pursuant to subparagraph (A)(i) or (ii) shall take ef-
fect on the expiration of the 90-day period beginning
on the date such member ceases to be such an offi-
cer or employee of such government, or becomes an
officer or employee of a government, respectively.
(h) QUORUM.—3 Federal members and 3 State mem-
bers of the Commission shall constitute a quorum, but a
lesser number may conduct meetings. All decisions of the
Commission shall require concurrence by at least 3 State
members and 3 Federal members of the Commission.
(i) VACANCY.—A vacancy in the membership of the
commission—
(1) shall not affect the powers of the Commis-
sion to meet or conduct business, subject to sub-
section (h); and
(2) shall be filled in the same manner in which
the original appointment was made, by the same ap-
pointing authority.
SEC. 6. COMPENSATION OF THE COMMISSION.
(a) PAY FOR FEDERAL MEMBERS OF THE COMMIS-
SION.—
(1) 
NONGOVERNMENT
EMPLOYEES.—Each
Federal member of the Commission who is not oth-
erwise an officer or employee of the Federal Govern-
ment shall be entitled to receive the daily equivalent
of the annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title
5, United States Code, as in effect from time to
time, for each day (including travel time) during
which such member is engaged in the actual per-
formance of duties of the Commission.
(2) GOVERNMENT EMPLOYEES.—A member of
the Commission who is an officer or employee of ei-
ther the government of the State of Alaska or the
Federal Government shall serve without additional
pay or benefits for service as a member of the Com-
mission.
(b) TRAVEL EXPENSES.—Federal members of the
Commission shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with subchapter
I of chapter 57 of title 5, United States Code. State mem-
bers of the Commission are entitled to per diem and travel
expenses as authorized under pertinent laws of the State
of Alaska.
SEC. 7. POWERS OF THE COMMISSION.
(a) HEARINGS AND MEETINGS.—The Commission or,
on the authorization of the Commission, any subcommittee
or member of the Commission may, for the purposes of
carrying out its duties, hold hearings, take testimony, re-
ceive evidence, print or otherwise reproduce and distribute
all or part of commission proceedings and reports, and sit
and act at those times and places as the Commission, sub-
committee, or members consider desirable.
(b) INFORMATION
FOR
THE
COMMISSION.—The
Commission may obtain directly from any executive agen-
cy (as defined in section 105 of title 5 of the United States
Code) or court information necessary to enable it to carry
out its duties under this Act. On the request of either co-
chair of the Commission, and consistent with applicable
law, the head of an executive agency or of a Federal court
shall provide such information to the Commission.
(c) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized to take by this section.
(d) VOLUNTEER SERVICES.—The Commission may
accept volunteer services for the purpose of aiding or fa-
cilitating the work of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its responsibilities under
this Act.
(g) CONTRACT AUTHORITY.—To the extent or in the
amounts provided in advance in appropriation Acts, the
Commission may contract with and compensate govern-
ment and private agencies or persons for property or serv-
ices, without regard to section 3709 of the Revised Stat-
utes (41 U.S.C. 5).
SEC. 8. STAFF OF COMMISSION; EXPERTS AND CONSULT-
ANTS.
(a) STAFF.—Subject to rules prescribed by the Com-
mission, the co-chairs may appoint and fix the pay of per-
sonnel as they consider appropriate.
(b) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The staff of the Commission may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates, ex-
cept that an individual so appointed may not receive pay
in excess of the annual rate of basic pay for GS–15 of
the General Schedule.
(c) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the co-chairs may procure
temporary and intermittent services under section 3109(b)
of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual
rate of basic pay for GS–15 of the General Schedule.
(d) STAFF OF FEDERAL AGENCIES.—Upon request
of the co-chairs, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
SEC. 9. RELATIONSHIP TO OTHER LAW.
The Federal Advisory Committee Act (5 App. U.S.C.)
shall not apply to the Commission.
SEC. 10. REPORTS.
(a) ANNUAL REPORT.—Not later than January 31
of each year, the Commission shall submit to the President
of the United States, the Congress, the Governor of the
State of Alaska, and the legislature of the State of Alaska
a written report describing its activities during the pre-
ceding year.
(b) FINAL REPORT.—The Commission shall submit
a final comprehensive report to the officials and entities
referred to in subsection (a) at least 10 days before the
date the Commission terminates.
SEC. 11. TERMINATION OF THE COMMISSION.
The Commission is terminated 2 years after the date
of completion of appointment of all members of the Com-
mission.
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