[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4734 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4734

    To expand Alaska Native contracting of Federal land management 
functions and activities and to promote hiring of Alaska Natives by the 
 Federal Government within the State of Alaska, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2002

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To expand Alaska Native contracting of Federal land management 
functions and activities and to promote hiring of Alaska Natives by the 
 Federal Government within the State of Alaska, 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. SHORT TITLE.

    This Act may be cited as the ``Alaska Federal Lands Management 
Demonstration Project Act''.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) The Alaska National Interest Lands Conservation Act (16 
        U.S.C. 3101 et seq.) established new and expanded units of the 
        National Park System and the National Wildlife Refuge System in 
        many areas of Alaska. The purposes of these conservation system 
        units include protection of habitat for fish and wildlife, 
        conservation of fish and wildlife populations in their natural 
        state, continued opportunity for subsistence uses by local 
        residents, and protection of archeological sites associated 
        with Alaska Native cultures.
            (2) Many rural Alaskan communities are in close proximity 
        to conservation system units and the purposes of these 
        conservation system units are uniquely relevant to the culture 
        and ways of Alaska Natives and other residents of rural Alaska 
        communities. Congress recognized this close relationship in 
        sections 1306, 1307, and 1308 of the Alaska National Interest 
        Lands Conservation Act, which directed the Secretary of the 
        Interior to establish programs whereby Alaska Native lands were 
        given preference for the siting of conservation system unit 
        facilities, Alaska Native corporations and local residents were 
        given preference for the provision of visitor services, and 
        local residents were given preference for employment.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To promote innovative management strategies that are 
        designed to lead to greater efficiency in conservation system 
        unit management.
            (2) To expand Alaska Native contracting opportunities.
            (3) To increase local employment in Alaska.
            (4) To further the unique purposes of conservation system 
        units as they relate to subsistence practices, Alaska Native 
        culture, and the preservation of fish and wildlife habitat and 
        populations.

SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT.

    (a) In General.--The Secretary shall carry out a program within the 
Department of the Interior to be known as the ``Alaska Federal Lands 
Management Demonstration Project'' by which 12 Indian tribes or tribal 
organizations may contract to perform conservation system unit 
management functions that are inherently non-Federal.
    (b) Participation.--During each of the 2 fiscal years immediately 
following the date of the enactment of this Act, the Secretary shall 
select, in a manner to achieve geographic representation within Alaska, 
not less than 6 eligible Indian tribes or tribal organizations per year 
to participate in the demonstration project.
    (c) Eligibility.--To be eligible to participate in the 
demonstration project, an Indian tribe or tribal organization, shall--
            (1) request participation by resolution or other official 
        action of the governing body of the Indian tribe or tribal 
        organization;
            (2) demonstrate financial and management stability and 
        capability, as evidenced by the Indian tribe or tribal 
        organization having no unresolved significant and material 
        audit exceptions for the previous 3 fiscal years; and
            (3) demonstrate significant use of or dependency upon the 
        relevant conservation system unit or other public land unit for 
        which programs, functions, services, and activities are 
        requested to be placed under contract.-
    (d) Priority.--If the Secretary receives a request to contract 
specific conservation system unit programs, services, functions, and 
activities, or portions thereof, from more than one Indian tribe or 
tribal organization meeting the criteria set forth in subsection (c), 
the Secretary shall apply the priority selection criteria applied by 
the Alaska Region of the Bureau of Indian Affairs for contracting 
pursuant to the Indian Self-Determination and Education Assistance Act. 
If, after applying such criteria, more than one eligible Indian tribe 
or tribal organization remains and such Indian tribes or tribal 
organizations have overlapping requests to negotiate and contract for 
the same programs, services, functions, and activities, or portions 
thereof, the Secretary may require such Indian tribes or tribal 
organizations to agree regarding which Indian tribe or tribal 
organization shall have the ability to contract or to submit a joint 
request prior to entering into negotiations.
    (e) Planning Phase.--Each Indian tribe and tribal organization 
selected by the Secretary to participate in the demonstration project 
shall complete a planning phase prior to negotiating and entering into 
a conservation system unit management contract. The planning phase 
shall be conducted to the satisfaction of the Indian tribe or tribal 
organization and shall include--
            (1) legal and budgetary research; and
            (2) internal tribal planning and organizational 
        preparation.
    (f) Contracts.--
            (1) In general.--Upon request of a participating Indian 
        tribe or tribal organization that has completed the planning 
        phase pursuant to subsection (e), the Secretary shall negotiate 
        and enter into a contract with the Indian tribe or tribal 
        organization for the Indian tribe or tribal organization to 
        plan, conduct, and administer programs, services, functions, 
        and activities, or portions thereof, requested by the Indian 
        tribe or tribal organization and related to the administration 
        of a conservation system unit or other public land unit that is 
        substantially located within the geographic region of the 
        Indian tribe or tribal organization.
            (2) Technical research.--At the request of the Indian tribe 
        or tribal organization, contracts under this Act shall include 
        provisions for the Indian tribe or tribal organization to 
        undertake the operation and support of the regional Federal 
        subsistence advisory councils, including biological research, 
        harvest monitoring, and other technical research related to 
        conservation and allocation actions by the regional Federal 
        subsistence advisory councils, and such other programs, 
        functions, services, and activities reasonably necessary to 
        carry out title VIII of the Alaska National Interest Lands 
        Conservation Act.
            (3) Time limitation for negotiation of contracts.--Not 
        later than 90 days after a participating Indian tribe or tribal 
        organization has notified the Secretary that it has completed 
        the planning phase required by subsection (e), the Secretary 
        shall initiate and conclude negotiations, unless an alternative 
        negotiation and implementation schedule is otherwise agreed to 
        by the parties. The declination and appeals provisions of the 
        Indian Self-Determination and Education Assistance Act, 
        including section 110 of such Act, shall apply to contracts and 
        agreements requested and negotiated under this Act.
    (g) Contract Administration.--
            (1) Inclusion of certain terms.--At the request of the 
        contracting Indian tribe or tribal organization, the benefits, 
        privileges, terms, and conditions of agreements entered into 
        pursuant to titles I and IV of the Indian Self-Determination 
        and Education Assistance Act may be included in a contract 
        entered into under this Act. If any provisions of the Indian 
        Self-Determination and Education Assistance Act are 
        incorporated, they shall have the same force and effect as if 
        set out in full in this Act and shall apply notwithstanding any 
        other provision of law. The parties may include such other 
        terms and conditions as are mutually agreed to and not 
        otherwise contrary to law.
            (2) Audit.--Contracts entered into under this Act shall 
        provide for a single-agency audit report to be filed as 
        required by chapter 75 of title 31, United States Code.
            (3) Transfer of employees.--Any career Federal employee 
        employed at the time of the transfer of an operation or program 
        to an Indian tribe or tribal organization shall not be 
        separated from Federal service by reason of such transfer. 
        Intergovernmental personnel actions may be used to transfer 
        supervision of such employees to the contracting Indian tribe 
        or tribal organization. Such transferred employees shall be 
        given priority placement for any available position within 
        their respective agency, notwithstanding any priority 
        reemployment lists, directives, rules, regulations, or other 
        orders from the Department of the Interior, the Office of 
        Management and Budget, or other Federal agencies.
    (h) Available Funding; Payment.--Under the terms of a contract 
negotiated pursuant to subsection (f), the Secretary shall provide each 
Indian tribe or tribal organization funds in an amount not less than 
the Secretary would have otherwise provided for the operation of the 
requested programs, services, functions, and activities. Contracts 
entered into under this Act shall provide for advance payments to the 
tribal organizations in the form of annual or semiannual installments.
    (i) Timing; Contract Authorization Period.--An Indian tribe or 
tribal organization selected to participate in the demonstration 
project shall complete the planning phase required by subsection (e) 
not later than 1 calendar year after the date that it was selected for 
participation and may begin implementation of its requested contract no 
later than the first day of the next fiscal year. The Indian tribe or 
tribal organization and the Secretary may agree to an alternate 
implementation schedule. Contracts entered into pursuant to this Act 
are authorized to remain in effect for 5 consecutive fiscal years, 
starting from the fiscal year the participating Indian tribe or tribal 
organization first entered into its contract under this Act.
    (j) Report.--Not later than 90 days after the close of each of 
fiscal years 2003 and 2006, the Secretary shall present to the Congress 
detailed reports, including a narrative, findings, and conclusions on 
the costs and benefits of this demonstration project. The reports shall 
identify remaining institutional and legal barriers to the contracting 
of conservation system unit management to Alaska Native entities and 
shall contain recommendations for improving, continuing, and expanding 
the demonstration project. The reports shall be authored jointly with, 
and shall include the separate views of, all participating Indian 
tribes and tribal organizations.
    (k) Limitations.--
            (1) Revenue producing visitor services.--Contracts 
        authorized under this Act shall not include revenue-producing 
        visitor services, unless an agreement is reached with the most 
        directly affected Alaska Native corporations to allow such 
        services to be included in the contract. Such contracts shall 
        not otherwise repeal, alter, or otherwise modify section 1307 
        or 1308 of the Alaska National Interests Lands Conservation 
        Act.
            (2) Denali national park.--The Denali National Park shall 
        not be subject to any of the provisions of this Act.
    (l) Planning Grants.--
            (1) In general.--Subject to the availability of 
        appropriated funds, upon application the Secretary shall award 
        a planning grant in the amount of $100,000 to any Indian tribe 
        or tribal organization selected for participation in the 
        demonstration project to enable it to plan for the contracting 
        of programs, functions, services, and activities as authorized 
        under this Act and meet the planning phase requirement of 
        subsection (e). An Indian tribe or tribal organization may 
        chose to meet the planning phase requirement without applying 
        for a grant under this subsection. No Indian tribe or tribal 
        organization may receive more than 1 grant under this 
        subsection.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $600,000 for each of the 2 fiscal years 
        immediately following the date of the enactment of this Act to 
        fund planning grants under this section.

SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION 
              PROJECT.

    (a) In General.--Notwithstanding any other provision of law, except 
as provided in this section, the Secretary shall enter into contracts, 
compacts, or funding agreements under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) with the Koyukuk River 
Moose Co-Management Team, Inc., upon receipt of authorizing resolutions 
from its member tribal or village councils, to establish a 
demonstration project providing all programs, functions, services, and 
activities of the Koyukuk and Kanuti National Wildlife Refuges.
    (b) Assignment of Employees.--To the maximum extent possible, 
contracts and compacts under subsection (a) shall provide that the 
United States Fish and Wildlife Service shall assign employees assigned 
to the Koyukuk and Kanuti National Wildlife Refuges to the contractor 
pursuant to the Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.) 
with all such employees maintained as Federal employees retaining all 
benefits and status of Federal service.

SEC. 5. DEFINITIONS.

    For the purposes of this Act:
            (1) Conservation system unit.--The term ``conservation 
        system unit'' shall have the meaning given that term in section 
        102(4) of the Alaska National Interest Lands Conservation Act.
            (2) Indian tribe.--The term ``Indian tribe'' shall have the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal organization.--The term ``tribal organization'' 
        shall have the meaning given that term in section 4(l) of the 
        Indian Self-Determination and Education Assistance Act.
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