II
109th CONGRESS
1st Session
S. 49
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.
Short title; table of contents
Short title
This Act may be cited as the Alaska Floodplain and Erosion Mitigation Commission Act of
2005
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
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.
Definitions
In this Act:
Commission
The term Commission means the Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska established by section 101(a).
Alaska Native
The term Alaska Native has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
Alaska Native village
The term Alaska Native village has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Alaska.
Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska
Establishment of commission
Establishment
There is established a commission to be known as the ‘‘Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska’’.
Membership
Composition
The Commission shall be composed of 7 members, of whom—
1 member shall be the Governor of the State, who shall serve as Cochairperson;
3 members shall be appointed by the Governor of the State, of whom—
1 member shall be a nonvoting ex officio Alaska Native; and
at least 1 member shall represent city or borough governments;
1 shall be appointed by the Secretary, shall be an employee of the Department of the Interior, and shall serve as Cochairperson;
1 member appointed by the Secretary of Agriculture shall be an employee of the Natural Resources Conservation Service of the Department of Agriculture; and
1 member, appointed by the Secretary of Defense, shall be an employee of—
the Department of Defense; or
the Corps of Engineers.
Date of appointments
The appointment of a member of the Commission shall be made not later than 90 days after the date of enactment of this Act.
Appointment; vacancies
Appointment
A member of the Commission shall serve at the pleasure of the appointing authority.
Vacancies
A vacancy on the Commission—
shall not affect the powers of the Commission; and
shall be filled in the same manner as the original appointment was made.
Initial meeting
Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.
Meetings
Subject to section 102(a), the Commission shall meet at the call of the Cochairpersons.
Quorum
A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
Concurrence of cochairpersons
A decision of the Commission shall require the concurrence of the Cochairpersons.
Principal office
The principal office of the Commission shall be in the State of Alaska.
Duties
Meetings
For the first 2 years following the date of enactment of this Act, the Commission shall meet not less than 2 times per year.
Study
In general
The Commission shall conduct a study of all matters relating to—
the feasibility of alternatives for flooding or erosion assistance; and
the development of a policy to guide infrastructure investments in the Alaska Native villages, cities, and boroughs that are most affected by flooding or erosion.
Matters to be studied
The matters to be studied by the Commission include—
flood and erosion processes;
the planning needs associated with flood and erosion processes, including identifying and making recommendations concerning—
specific flood and erosion circumstances that affect life and property in the State;
land use regulations, including area standards for designation of flood- and erosion-prone land;
uses to be made of flood- and erosion-prone land, and how State and Federal grants, loans, and capital improvements shall be invested in designated areas; and
how to regulate and implement the uses described in clause (iii) on—
land designated as an allotment for Alaska Native people;
land owned by an Alaska Native village corporation or a regional village corporation under the Alaska Native Claims Settlement Act (Public Law 92–203);
land owned by the Federal or State government;
city and borough land; and
other private land; and
the establishment of procedures to obtain the view of the public on land use planning needs, such as implementation and enforcement of flood and erosion control and mitigation solutions, including—
increased hydrologic and other specialized data collection; and
public hearings.
Evaluation
Not later than 120 days after the date of enactment of this Act and annually thereafter, the Commission shall evaluate specific flood and erosion circumstances that affect life and property in the State.
Recommendations
The Commission shall develop recommendations on—
the development and implementation of flood and erosion control and mitigation solutions in villages and communities identified by the Commission as being most in need of those solutions;
programs and budgets of Federal and State agencies responsible for administrating Federal and State floodplain management authorities;
the establishment of State erosion management responsibilities and authorities;
changes in law, policies, and programs that the Commission determines are necessary or desirable to provide an integrated Federal-State erosion and flood management authority;
improving coordination and consultation between the Federal and State governments in making resource allocation and flood and erosion control and mitigation decisions;
ways to avoid conflict between the State and Alaska Native people in the allocation of resources;
ensuring that higher priority is given to achieving long-term sustainability of communities from debilitating flood and erosion losses than to short-term project and infrastructure development needs, if the flood and erosion control and mitigation solution is publicly funded; and
ensuring that the economic and social well-being of Alaska Native people and other residents of the State is not compromised by a risk of erosion or flood that could be avoided through long-term planning.
Administration
Advisers
To assist the Commission in carrying out this Act, the Commission shall establish a committee of technical advisers to the Commission with expertise in—
coastal engineering;
the adverse impact of flood and erosion management;
rural community planning in the State;
how city and borough governments are affected by erosion;
the relationship between State and local governments and Alaska Native villages; and
any other interest that the Commission determines is appropriate.
Records
In general
The Commission shall maintain complete records of the activities of the Commission.
Public inspection
Records maintained under paragraph (1) shall be available for public inspection.
Hearings
The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this title.
Information from Federal agencies
In general
The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this title.
Provision of information
On request of a Cochairperson of the Commission, the head of the agency shall provide the information to the Commission.
Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property to carry out the duties of the Commission.
Commission personnel matters
Compensation of members
Non-Federal employees
A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.
Federal or state employees
A member of the Commission who is an officer or employee of the Federal or State government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal or State Government.
Travel expenses
A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
Staff
In general
The Cochairpersons of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.
Confirmation of executive director
The employment of an executive director shall be subject to confirmation by the Commission.
Compensation
In general
Except as provided in subparagraph (B), the Cochairpersons of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.
Maximum rate of pay
The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Detail of Federal government employees
In general
An employee of the Federal Government may be detailed to the Commission without reimbursement.
Civil service status
The detail of the employee shall be without interruption or loss of civil service status or privilege.
Procurement of temporary and intermittent services
The Cochairpersons of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
Reports
Interim reports
Not later than September 30 of each year, the Commission shall submit to Congress, the Secretary, and the legislature of the State—
a report that describes the activities of the Commission in the preceding calendar year; and
a report that describes—
any immediate need of the Commission; and
any imminent threat action directive for the coordinated response to erosion and flooding in the case of an emergency.
Final report
Not later than September 30, 2011, the Commission shall submit to Congress, the Secretary, and the legislature of the State a final report that describes—
the activities and findings of the Commission; and
the recommendations of the Commission for legislation and administrative actions the Commission considers appropriate.
Termination of commission
The Commission shall terminate on September 30, 2011.
Flood and erosion control and mitigation
Evaluation and prioritization
Not later than 120 days after the date of enactment of this Act and annually thereafter, the Secretary, in consultation with the Commission, shall evaluate and prioritize specific flood and erosion circumstances that affect life and property in the State.
Flood and erosion control and mitigation
In general
Not later than September 15, 2006, the Secretary, in consultation with the Commission, shall examine the most cost-effective ways of carrying out flood and erosion control and mitigation solutions devised by the Commission for the 9 villages in the State identified in the Government Accountability Office Report 04–142.
Cost-Effective technology
The Secretary, in consultation with the Commission, shall implement a solution described in subsection (a) using the most cost-effective technology to protect life and property in the State, including—
movement of structures;
nonstructural land management of erosion-prone areas; and
structural erosion control techniques.
Grants to State and local governments
For any fiscal year after fiscal year 2006, the Secretary may implement a solution described in subsection (a) through the State government or a local government by making a grant to a government using the remainder of any funds appropriated to the Secretary for appropriate flood and erosion control and mitigation solutions.
Factors
In implementing a solution under this section, the Secretary, in consultation with the Commission, shall consider—
the design life of structural erosion control projects;
the cost effectiveness of all erosion control projects; and
the availability of a revolving loan fund administered by the State for relocation, elevation, and flood proofing of flood- or erosion-prone structures.
Federal share
The Federal share of the cost of carrying out a project or activity under this section shall be 75 percent.
Mitigation
In general
The Secretary, in consultation with the Commission, may take any action necessary to mitigate the loss of structures and infrastructure from flood and erosion using the most cost effective means practicable to provide the longest-term benefit, including—
relocation;
elevation;
flood proofing; and
land management alternatives.
Administration
Consultation
The Secretary shall—
consult with the Commission and appropriate Federal and State agencies; and
provide oversight authority, responsibility, and directives to agencies developing relocation and flood and erosion control and mitigation plans.
Valid existing rights
This subsection does not limit any right recognized under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is in existence at the time of the enactment of this Act.
Authority of the secretary
This title does not impair the authority of the Secretary to make contracts and grant leases, permits, rights-of-way, and easements.
Authorization of appropriations
Authorization of appropriations
In general
There is authorized to be appropriated for each of fiscal years 2006 through 2011 such sums as are necessary to carry out this Act, to remain available until expended.
Commission
The Secretary may use not to exceed $250,000 of the funds made available under subsection (a) for the expenses of the Commission, including hiring any necessary staff.