[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5781 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5781

  To grant rights-of-way for electric transmission lines over certain 
               Native allotments in the State of Alaska.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2006

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

_______________________________________________________________________

                                 A BILL


 
  To grant rights-of-way for electric transmission lines over certain 
               Native allotments in the State of Alaska.

    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 ``Copper Valley Native Allotment 
Resolution Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Association.--The term ``Association'' means the Copper 
        Valley Electric Association.
            (2) Native allotment.--
                    (A) In general.--The term ``Native allotment'' 
                means--
                            (i) each of the following allotments issued 
                        under the Act of May 17, 1906 (34 Stat. 197, 
                        chapter 2469)--
                                    (I) A-031653;
                                    (II) A-043380;
                                    (III) A-046337;
                                    (IV) AA-5896;
                                    (V) AA-6014, Parcel B;
                                    (VI) AA-6034;
                                    (VII) AA-7059;
                                    (VIII) AA-7242, Parcel B;
                                    (IX) AA-7336;
                                    (X) AA-7552;
                                    (XI) AA-7553;
                                    (XII) AA-7554;
                                    (XIII) AA-7600;
                                    (XIV) AA-8032; and
                            (ii) any allotment for which a patent or 
                        Certificate of Allotment has been issued under 
                        the Act of May 17, 1906 (34 Stat. 197, chapter 
                        2469) across which the Association maintains an 
                        electric transmission line on the date of 
                        enactment of this Act.
                    (B) Exclusions.--The term ``Native allotment'' does 
                not include any allotment to which the Secretary has 
                approved the grant of a right of way or issued a patent 
                or Certificate of Allotment that is subject to a right 
                of way held by the Association.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Alaska.

SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY.

    (a) In General.--There is granted to the Association rights-of-way 
across the Native allotments for an electric transmission line owned by 
the Association.
    (b) Width.--After considering any information provided by the 
Association, allottee, or any other source that the Secretary 
determines to be relevant, the Secretary shall determine an accurate 
legal description of the rights-of-way, the nature of the rights 
granted, and the widths of the rights-of-way granted by subsection (a).
    (c) Ratification of Existing Rights-of-Ways.--
            (1) In general.--Except as provided in paragraph (2), any 
        electric transmission right-of-way or conveyance within a 
        federally granted highway easement granted by the State to the 
        Association before the date of enactment of this Act is 
        ratified.
            (2) Certain agreements.--Notwithstanding any other 
        provision of this Act, this Act does not apply to land owned by 
        Ahtna, Inc. and any prior or current right-of-way agreements 
        that may exist between Ahtna, Inc. and the Copper Valley 
        Electric Association or the State.
    (d) Compensation.--
            (1) In general.--The Secretary shall--
                    (A) appraise the value of the rights-of-way granted 
                under subsection (a);
                    (B) pay to any owner of a Native allotment or, if 
                the owner is deceased, an heir or assign of the owner, 
                compensation for the grant of a right-of-way over the 
                Native allotment in an amount determined under 
                paragraph (2);
                    (C) issue recordable instruments that indicate the 
                location of the rights-of-way over the Native 
                allotments;
                    (D) provide written notice of the compensation 
                procedure for the rights-of-way to--
                            (i) the owner of record for each Native 
                        allotment; or
                            (ii) if the owner of record is deceased, 
                        the heir or assign of the owner of record; and
                    (E) publish in the Federal Register and any 
                newspaper of general circulation within the service 
                area of the Association and location of the relevant 
                allotment--
                            (i) notice of the compensation procedure 
                        established by this subsection; and
                            (ii) with respect to a Native allotment 
                        described in section 2(2)(A)(ii), the location 
                        of the right-of-way, as prepared by the 
                        Association and provided to the Secretary, in 
                        accordance with any requirements established by 
                        the Secretary.
            (2) Calculation of payments.--
                    (A) In general.--For purposes of calculating the 
                amount of compensation required under paragraph (1)(B), 
                the Secretary shall determine, with respect to a 
                portion of a Native allotment encumbered by a right-of-
                way--
                            (i) compensation for each right-of-way 
                        based on an appraisal conducted in conformity 
                        with the version of the Uniform Appraisal 
                        Standards for Federal Land Acquisitions that is 
                        correct as of the date of the compensation 
                        proceeding; and
                            (ii) interest calculated based on the 
                        section 3116 of title 40, United States Code.
                    (B) Date of valuation.--For purposes of 
                subparagraph (A), the date of valuation of the 
                acquisition by the Association of each right-of-way 
                shall be considered to be the date on which the 
                Association first entered upon the Native allotment at 
                issue to develop the utility line of the Association, 
                as determined by the Secretary.
            (3) Source of compensation payments.--Notwithstanding any 
        other provision of law, any compensation payments required by 
        this subsection shall be paid on a nonreimbursable basis from 
        the permanent judgment appropriation under section 1304 of 
        title 31, United States Code.
            (4) Judicial review.--Notwithstanding any other provision 
        of law, judicial review under this subsection shall be limited 
        to a review of the determination of the Secretary under 
        paragraph (2) regarding the compensation for a right-of-way 
        over a Native allotment.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>