WASHINGTON -- Alaska Sen. Frank Murkowski today kicked off his effort to win Senate Energy and Natural Resources Committee approval of legislation to help states deal with coastal oil and gas developmental impacts by explaining how the Senate version will fully protect the rights of private property owners.

Murkowski, in opening a markup in his panel on the Senate version of the Conservation and Reinvestment Act (CARA), argued that the compromise version of the legislation that he and Sen. Jeff Bingaman, D-N.M., have drafted should solve the concerns of private property rights advocates. He said the bill should be acceptable since it states no land can be acquired unless there is a willing seller, or the acquisition is specifically authorized by an act of Congress.

"The provision before you fully preserves Congressional oversight and approval of every dollar that will be spent on federal land acquisition. There is no default provision that would give the Executive Branch any funding in the absence of congressional action.... Congress will have the final word on the amount of appropriations and the identification of projects -- there will be no unfettered slush fund for the Administration," said Murkowski.

Murkowski said the bill protects private property owners from being pushed to sell their lands to the government by requiring a "willing seller" to a specific congressional authorization. The bill also contains language setting out that the federal government can¹t impose regulations on private property and that the government can¹t ever acquire property without just compensation.

"We shouldn't have to state it, but this legislation does not provide any independent authority to acquire lands. ...We have stated explicitly, however, the requirement of the Fifth Amendment that nothing in this act would authorize any taking of private property without just compensation. We have also made it clear that nothing in this act creates any new authority for federal agencies to apply regulations on privately owned land. ... Because groups keep saying we are out to regulate private land, we have explicitly stated that there is no such authority," said Murkowski.

He noted the bill devotes only 15 percent of its funding to potential land acquisitions, leaving 85 percent for coastal impact and conservation programs. He said the funding in the bill allows for only a bit more money than the average of congressionally approved land acquisition funding over the past five years -- the bill devoting $450 million a year for land buys, compared to the $418 million that has been spent yearly over the past five years.

Murkowski this afternoon started to formally explain the compromise to members that proposes to split revenues from Outer Continental Shelf oil and gas leasing between the federal treasury and impacted coastal states and conservation programs. Under the bill about $2.99 billion would be funneled into impact aid and to fund a series of conservation programs to aid hunters and fishermen, fund local park and recreation facilities and help historic preservation.

The bill for the first time would fully fund the Payment in Lieu of Taxes program to provide funding to local communities and boroughs to offset the loss of revenue from non-taxable federal land in local jurisdictions.

Under the bill Alaska would receive about $164 million a year -- the largest source of federal funding, outside the federal highway trust fund. The state's revenues from PILT would rise to $22 million a year, from the current $9 million, while $17 million would go to fish and wildlife programs to aid hunters and fishermen.

Senators wishing to amend the legislation will have that opportunity during mark up sessions on the bill that will resume Thursday morning.

MEDIA NOTE: There will be a satellite feed giving the senator¹s view on the bill and comments from other senators during the morning session of the hearing. (Because of Senate rules camera coverage was not available during the afternoon). The feed will run from 1:45 to 2 p.m. ADT this afternoon on Telestar 6, transponder 7V, channel 7, downlink 3840. Audio will be available by calling 1-800 545-1267 then pressing 322. Digital audio is available on the web at: www./senate.gov/SRC/radio/murkowski.

The cuts in order will be of Murkowski, committee ranking minority member Jeff Bingaman, D-N.M.; Mary Landrieu, D-La.; Conrad Burns, R-Mont.; and Byron Dorgan, D-N.D. (TV Note Byron is the correct spelling, not what is on the satellite feed slate.)