[Congressional Record Volume 144, Number 63 (Monday, May 18, 1998)]
[Senate]
[Page S5021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI:
  S. 2088. A bill to require the Secretary of Agriculture to grant an 
easement to Chugach Alaska Corporation, and for other purposes; to the 
Committee on Energy and Natural Resources.


        Chugach Alaska Corporation Settlement implementation act

 Mr. MURKOWSKI. Mr. President, this morning I introduce 
legislation to implement a settlement agreement between the Chugach 
Alaska Corporation (CAC) and the United States Forest Service.
  Pursuant to section 1430 of the Alaska National Interest Lands 
Conservation Act (ANILCA), the Secretary of the Interior, the Secretary 
of Agriculture, the State of Alaska, and the Chugach Alaska 
Corporation, were directed to study land ownership in and around the 
Chugach Region in Alaska. The purpose of this study was two-fold. 
First, was to provide for a fair and just settlement of the Chugach 
people and realizing the intent, purpose, and promise of the Alaska 
Native Claims Settlement Act by Chugach Alaska Corporation. Second, was 
to identify lands that, to the maximum extent possible, are of the 
like, kind, and character of those traditionally used and occupied by 
the Chugach people, and, to the maximum extent possible, are coastal 
accessible and economically viable.
  On September 17, 1982, the parties entered into an agreement now 
known as the 1982 Chugach Natives, Inc. Settlement Agreement in order 
to set forth a fair and just settlement for the Chugach people pursuant 
to the study directed by Congress. Among the many provisions of this 
agreement the United States was required to convey to Chugach Alaska 
Corporation not more than 73,308 acres of land in the vicinity of 
Carbon Mountain. The land eventually conveyed contained significant 
amounts of natural resources; however, they were inaccessible by road. 
Therefore, a second major provision of the Settlement Agreement granted 
Chugach Alaska Corporation rights-of-way across Chugach National Forest 
to their land and required the United States to also grant an easement 
for the purpose of constructing and using roads and other facilities 
necessary for development of that tract of land on terms and conditions 
to be determined in accordance with the Settlement Agreement. It is 
obvious that without such an easement the land conveyed to CAC could 
not be utilized or developed in a manner consistent with the intent of 
Congress as expressed in ANILCA and ANCSA.
  More than fifteen years after the Settlement Agreement was signed the 
much needed easement has still not been granted and the CAC remains 
unable to make economic use of their lands. It seems absurd to me that 
Congress passed a Settlement Act for the Benefit of Alaska Natives; 
then the federal government entered into a Settlement Agreement to 
implement that Act where the CAC was concerned; and today, we find 
ourselves once again in a position of having to force the government to 
comply with these agreements.
  I have spoken directly to the Regional Forester about this issue and 
to the Chief of the Forest Service. While they assure me the issue is 
being addressed and, in fact, have signed an MOU to keep it moving 
forward, they cannot give me any assurance that it will conclude. 
Therefore, I find it necessary to once again have Congress rectify 
inaction on behalf of the Forest Service.
  The legislation is simple and straightforward. It directs the 
Secretary of Agriculture to grant an easement to the CAC by December 
11, of this year. It does not prevent the current process from going 
forward, it simply assures that there will be an end to it.
  It is my intent to hold a hearing on this issue in the Energy and 
Natural Resources Committee as soon as possible.
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