[Senate Report 110-295]
[From the U.S. Government Publishing Office]
Calendar No. 647
110th Congress Report
SENATE
2d Session 110-295
======================================================================
THOMAS P. O'HARA PUBLIC LAND CAREER OPPORTUNITY ACT OF 2007
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1433]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1433) to amend the Alaska National
Interest Lands Conservation Act to provide competitive status
to certain Federal employees in the State of Alaska, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Beginning on page 1, strike line 6 and all that follows
through page 2, line 13, and insert the following:
``SEC. 2. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE STATE
OF ALASKA.
``Section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198) is amended by adding at the
end the following:
``(e) Competitive Status.--
``(1) In general.--Nothing in subsection (a) provides
that any person hired pursuant to the program
established under that subsection is not eligible for
competitive status in the same manner as any other
employee hired as part of the competitive service.
``(2) Redesignation of certain positions.--
``(A) Persons serving in original
positions.--Not later than 60 days after the
date of enactment of this subsection, with
respect to any person hired into a permanent
position pursuant to the program established
under subsection (a) who is serving in that
position as of the date of enactment of this
subsection, the Secretary shall redesignate
that position and the person serving in that
position as having been part of the competitive
service as of the date that the person was
hired into that position.
``(B) Persons no longer serving in original
positions.--With respect to any person who was
hired pursuant to the program established under
subsection (a) that is no longer serving in
that position as of the date of enactment of
this subsection--
``(i) the person may provide to the
Secretary a request for redesignation
of the service as part of the
competitive service that includes
evidence of the employment; and
``(ii) not later than 90 days of the
submission of a request under clause
(i), the Secretary shall redesignate
the service of the person as being part
of the competitive service.''.
Purpose
The purpose of S. 1433 is to amend the Alaska National
Interest Lands Conservation Act to provide competitive status
to certain Federal employees in the State of Alaska.
Background and Need
Section 1308 of the Alaska National Interest Lands
Conservation Act (ANILCA; Public Law 96-487) authorizes the
Secretary of the Interior to hire Alaska residents on a non-
competitive basis if the employee has special knowledge or
expertise concerning the natural or cultural resources of
public lands in Alaska by reason of having lived or worked in
or near the lands.
According to the Department of the Interior, there are
approximately 150 employees who have been hired pursuant to the
local hire preference authority of ANILCA. Many of these
employees have spent their entire career with the Department,
with significant expertise and important job skills. However,
because they were hired under a non-competitive authority, they
are unable to compete for promotions or other Federal jobs and
are prevented from moving within the Federal employment system
like other Federal employees.
The bill is named in honor of Thomas P. O'Hara, a National
Park Service pilot hired under the ANILCA local hire provisions
who was killed in a plane crash in 2002, while working in the
Alaska Peninsula National Wildlife Refuge.
Legislative History
S. 1433 was introduced by Senator Murkowski on May 21,
2007. The Subcommittee on Public Lands and Forests held a
hearing on the bill on September 20, 2007. (S. Hrg. 110-216.)
Similar bills were introduced in the 109th (S. 2797) and 108th
Congresses (S. 2768), but no further action was taken in either
Congress. At its business meeting on January 30, 2008, the
Committee on Energy and Natural Resources ordered S. 1433
favorably reported with an amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1433.
Committee Amendment
During consideration of S. 1433, the Committee adopted an
amendment that incorporates recommendations provided by the
National Park Service. Specifically, the amendment replaces
section 2 of the bill. Rather than converting the local hire
employees to a permanent position after two years of full-time
service, the amendment makes clear that a person hired pursuant
to the local hire program should be eligible for competitive
status in the same manner as any other employee hired as part
of the competitive service.
Furthermore, section 2, as amended, states that, not later
than 60 days after enactment, the Secretary shall redesignate
any position, and persons in such positions, as part of
competitive service if any person was hired into a permanent
position pursuant to the local hire program and is serving in
the position as of date of enactment. With respect to any
person hired pursuant to the local hire program who is no
longer serving in the position, the amendment provides that the
person may request redesignation of the service as part of the
competitive service and submit evidence of employment. The
amendment further states that not later than 90 days after the
request, the Secretary shall redesignate the service of the
person.
Section-by-Section Analysis
Section 1 provides the short title.
Section 2 amends section 1308 of the Alaska National
Interest Lands Conservation Act by adding a new subsection
regarding competitive status. This provision makes it clear
that persons hired pursuant to the local hire program are
eligible for competitive status in the same manner as any other
employee hired as part of the competitive service. Furthermore,
section 2 states that, not later than 60 days after enactment,
the Secretary shall redesignate any position, and persons in
such positions, as part of the competitive service if such
persons were hired into permanent positions pursuant to the
local hire program and are serving in the positions as of the
date of enactment. In addition, with respect to any person
hired pursuant to the local hire program who is no longer
serving in the position, this section provides that the person
may request redesignation of the service as part of the
competitive service and submit evidence of employment. Finally,
this section states that, not later than 90 days after the
request, the Secretary shall redesignate the service of the
person.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1433--Thomas P. O'Hara Public Land Career Opportunity Act of 2007
S. 1433 would amend existing law governing the local-hire
programs of the federal land management agencies that operate
in Alaska. CBO estimates that implementing this bill would have
no effect on the federal budget. Enacting S. 1433 would not
affect revenues or direct spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local or tribal
governments.
S. 1433 would amend the Alaska National Interest Lands
Conservation Act to clarify that local residents hired by the
Forest Service and the Department of the Interior may be
eligible for competitive status as federal employees. The bill
would ensure that certain federal employees in Alaska are
eligible for promotions but would not affect their current
payor benefits.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1433. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1433, as ordered reported.
Congressionally Directed Spending
S. 1433, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
Statement of Michael Nedd, Assistant Director, Mineral, Realty &
Resource Protection Bureau of Land Management
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 1433, a bill to
amend the Alaska National Interest Lands Conservation Act to
provide competitive status to certain federal employees in
Alaska.
S. 1433 is named after Thomas P. O'Hara, a National Park
Service employee who was a pilot at Katmai National Park and
Preserve. Tom and an employee of the U.S. Fish and Wildlife
Service were on a mission in the Alaska Peninsula National
Wildlife Refuge on December 19, 2002, when their plane went
down. Unfortunately, Tom did not survive the crash.
Tom O'Hara was an experienced pilot with thousands of hours
of service, whose skills benefited the residents of Bristol Bay
communities--an area where Tom grew up and lived. Tom was hired
because of a special local hire program for conservation units
in Alaska, which was authorized by Section 1308 of the Alaska
National Interest Lands Conservation Act (ANILCA). This program
allows bureaus in the Department of the Interior and the Forest
Service in the Department of Agriculture to hire ``any
individual who, by reason of having lived or worked in or near
a conservation system unit, has special knowledge or expertise
concerning the natural or cultural resources of such unit. . .
.'' These local individuals may be selected without regard to
normal civil service rules requiring formal training or
experience.
The program has been used with great success across Alaska.
The Departments have been administering this program as an
excepted service program meaning that local hire employees are
at a disadvantage when applying for other jobs within Alaska or
elsewhere in the country. Some employees have overcome this
disadvantage because of additional formal education, training
or experience. But for others, particularly in small, remote
locations, this transition to competitive status is difficult.
In discussing this program with the Office of Personnel
Management during the course of the review of S. 1433, the
Departments learned that local hire employees have been
mistakenly classified as being outside of the competitive
service. Because ANILCA specifically provides that veterans
preference applies to these positions the positions are by
their nature competitive and local hire employees should have
been classified as being eligible for competitive status.
S. 1433 provides that local hire employees, after two years
of satisfactory service, will be converted to competitive
status. There are many excepted services and positions within
the Federal government. The Office of Personnel Management is
rightly concerned about providing a group of excepted status
employees with this benefit which many others have sought and
been denied. However, in this case, it appears these local hire
employees were mistakenly placed into excepted service status.
Therefore we suggest that S. 1433 be amended to direct the
Secretary of the Interior and the Secretary of Agriculture to
reclassify as part of the competitive service those employees
hired into permanent positions pursuant to the local hire
provisions of ANILCA and currently serving in those positions.
In addition, provisions should be made for former local hire
employees who were competitively hired and who served the
requisite amount of time in their positions to apply to the
Secretary for competitive status.
This legislation will provide a lasting memorial to the
excellent work of Tom O'Hara and other employees who serve the
public with their expertise and knowledge of Alaska and help
preserve our public lands for others to enjoy. We would be
happy to work with the Committee on bill language that would
accomplish our suggested amendments.
Thank you for the opportunity to testify in support of S.
1433. I will be happy to answer any questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1433 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 96-487 (94 Stat. 2371, 16 USC 3101)
AN ACT To provide for the designation and conservation of certain
public lands in the State of Alaska, including the designation of units
of the National Park, National Wildlife Refuge, National Forest,
National Wild and Scenic Rivers, and National Wilderness Preservation
Systems, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 1. This Act may be cited as the ``Alaska National
Interest Lands Conservation Act''.
* * * * * * *
LOCAL HIRE
Sec. 1308. (a) Program.--After consultation with the Office
of Personnel Management, the Secretary shall establish a
program under which any individual who, by reason of having
lived or worked in or near public lands, has special knowledge
or expertise concerning the natural or cultural resources of
public lands and the management thereof (as determined by the
Secretary) shall be considered for selection for any position
within public lands without regard to--
(1) any provision of the civil service laws or
regulations thereunder which require minimum periods of
formal training or experience,
(2) any such provision which provides an employment
preference to any other class of applicant is such
selection, and
(3) any numerical limitation on personnel otherwise
applicable. Individuals appointed under this subsection
shall not be taken into account in applying any
personnel limitation described in paragraph (3).
(b) Preference Eligibles Within Local Hire.--
Notwithstanding the provisions of subsection (a) of this
section, any individual who is eligible to be selected for a
position under the provisions of subsection (a) of this section
and is a preference eligible as defined in section 2108(3) of
title 5 shall be given an employment preference, consistent
with the preference in the competitive service as defined in
section 2102 of such title for which such person is eligible
under subchapter I of chapter 33 of such title, in selection to
such position.
(c) Payment of Expenses After Death of an Employee.--
(1) Definition of immediate family member.--In this
subsection, the term ``immediate family member'' means
a person related to a deceased employee that was a
member of the household of the deceased employee at the
time of death.
(2) Payments.--If an employee appointed under the
program established by subsection (a) of this section
dies in the performance of any assigned duties on or
after October 1, 2002, the Secretary may--
(A) pay or reimburse reasonable expenses,
regardless of when those expenses are incurred,
for the preparation and transportation of the
remains of the deceased employee to a location
in the State of Alaska which is selected by the
surviving head of household of the deceased
employee;
(B) pay or reimburse reasonable expenses,
regardless of when those expenses are incurred,
for transporting immediate family members and
the baggage and household goods of the deceased
employee and immediate family members to a
community in the State of Alaska which is
selected by the surviving head of household of
the deceased employee.
(d) Reports.--The Secretary shall from time to time prepare
and submit to the Congress reports indicating the actions taken
in carrying out the provisions of subsection (a) of this
section together with any recommendations for legislation in
furtherance of the purposes of this section.
(e) Competitive Status.--
(1) In general.--Nothing in subsection (a) provides
that any person hired pursuant to the program
established under that subsection is not eligible for
competitive status in the same manner as any other
employee hired as part of the competitive service.
(2) Redesignation of certain positions.--
(A) Persons serving in original positions.--
Not later than 60 days after the date of
enactment of this subsection, with respect to
any person hired into a permanent position
pursuant to the program established under
subsection (a) who is serving in that position
as of the date of enactment of this subsection,
the Secretary shall redesignate that position
and the person serving in that position as
having been part of the competitive service as
of the date that the person was hired into that
position.
(B) Persons no longer serving in original
positions.--With respect to any person who was
hired pursuant to the program established under
subsection (a) that is no longer serving in
that position as of the date of enactment of
this subsection--
(i) the person may provide to the
Secretary a request for redesignation
of the service as part of the
competitive service that includes
evidence of the employment; and
(ii) not later than 90 days of the
submission of a request under clause
(i), the Secretary shall redesignate
the service of the person as being part
of the competitive service.
* * * * * * *