[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[Senate]
[Pages S9497-S9504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REID:
S. 1418. A bill to amend title II of the Social Security Act to allow
workers who attain age 65 after 1981 and before 1992 to choose either
lump sum payments over four years totaling $5,000 or an improved
benefit computation formula under a new 10-year rule governing the
transition to the changes in benefits computation rules enacted in the
Social Security Amendments of 1977, and for other purposes; to the
Committee on Finance.
Mr. REID. Mr. President, I believe Social Security is one of the
greatest success stories of our government.
Social Security is the only program in the history of our Nation that
has provided dignity and respect for our senior citizens, regardless of
their income or backgrounds.
For almost 70 years, Social Security has been there for our citizens
when they need it. It has provided seniors with independence and
economic security in their retirement years.
In addition to helping millions of senior citizens, Social Security
has provided economic security for surviving spouses and children and
to countless Americans with disabilities.
It is easy to see why people believe Social Security is the most
successful social program our country has ever adopted.
I rise today to reintroduce legislation that would correct a problem
that plagues a special population of Social Security recipients. I am
speaking on behalf of those affected by Social Security notch.
The Social Security notch causes more than nine million Social
Security recipients born between the years of 1917 and 1926 to receive
fewer Social Security benefits than Americans born outside the notch
years due to changes made in 1977 to the Social Security benefit
formula.
I have continued to speak out on this issue and the injustice it
imposes on millions of seniors. The notch issue has been discussed,
studied and reviewed, yet to date, Congress has not corrected this
wrong. Because of this, many older Americans born during this period
cannot afford the most basic necessities.
Congress must accept responsibility for any error that was made. We
should not ask notch Seniors to accept less because of our mistake.
While we must preserve and protect Social Security for future
generations, we have an obligation to those, who through no fault of
their own, receive less than those that were fortunate enough to be
born just days before and after the notch period.
The notch situation has its origins in 1972, when Congress decided to
create automatic cost-of-living-adjustments to help Social Security
keep pace with inflation. Prior to 1972, each adjustment had to await
legislation, causing beneficiaries' monthly payments to lag behind
inflation. When Congress took this action, it was acting under the best
of intentions.
Unfortunately, this new benefit adjustment method was flawed. To
function properly, it required that the economy behave in much the same
fashion that it had in the 1950s and 1960s, with annual wage increases
outpacing prices, and inflation remaining relatively low. As we all
know, that did not happen. The rapid inflation and high unemployment of
the 1970s generated rapid increases in benefits.
In 1977, Congress revised the way that benefits were computed. In
making its revisions, Congress decided that it was not proper to reduce
benefits for persons already receiving them. It did, however, decide
that benefits for all future retirees should be reduced.
[[Page S9498]]
We have an obligation to convey to our constituents that Social
Security is a fair system. Notch Babies in Nevada feel slighted by
their government and if I were in their situation, I would too. Through
no fault of their own, they receive less, sometimes as much as $200
less, than their neighbors.
The legislation I am offering today is my proposal to right the
wrong. Let us fix the notch problem and restore the confidence of the
nine million notch babies across this land. Government has an
obligation to be fair. My support of notch babies is longstanding. I
sponsored numerous pieces of legislation over the years to address this
issue. With this legislation, my effort continues.
It is unfortunate that these measures have not seen the light of day.
Many who have written to me think Congress is waiting for notch babies
to die rather than honor this debt. I must tell you it concerns me when
our constituents have this perception of their elected representatives.
We have to do something to make sure Americans believe that Social
Security is a fair system. Passage of my legislation provides us that
chance.
My legislation is intended to make good on what this government
should have done long ago. I propose that workers who attain the age of
65 after 1981 and before 1992 be allowed to choose either lump sum
payment over four years totaling $5,000 or an improved benefit
computation formula under a new 10-year rule governing the transition
to the changes in benefit computation rules enacted in the Social
Security Amendments of 1977.
It is time to put these dollars into the hands of those who earned
them. It is time to show our support for notch reform.
I am introducing this legislation because actions speak louder than
words. The `Notch Fairness Act of 2003' that I am introducing on behalf
of notch victims today, is intended to put my words into action. I ask
all my colleagues to join me in support of this important and long
overdue legislation.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1418
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 ``Notch Fairness Act of
2003''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act
(42 U.S.C. 415(a)) is amended--
(1) in paragraph (4)(B)--
(A) by inserting ``(with or without the application of
paragraph (8))'' after ``would be made''; and
(B) in clause (i), by striking ``1984'' and inserting
``1989''; and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in
paragraph (4)(B) (subject to subparagraphs (F) and (G) of
this paragraph), the amount of the individual's primary
insurance amount as computed or recomputed under paragraph
(1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term
`applicable transitional increase amount' means, in the case
of any individual, the product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for The applicable
such benefits in: percentage is:
1979..................................................55 percent
1980..................................................45 percent
1981..................................................35 percent
1982..................................................32 percent
1983..................................................25 percent
1984..................................................20 percent
1985..................................................16 percent
1986..................................................10 percent
1987...................................................3 percent
1988...................................................5 percent.
``(C) For purposes of subparagraph (B), the term `excess
under former law' means, in the case of any individual, the
excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term
`applicable former law primary insurance amount' means, in
the case of any individual, the amount which would be such
individual's primary insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December
1978, or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an
individual's primary insurance amount as provided in
subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period
after 1950 (or 1936 if applicable) and ending with the
calendar year in which such individual attains age 61, plus
the 3 calendar years after such period for which the total of
such individual's wages and self-employment income is the
largest; and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to
any increases in that table' in such subdivision read
`including any increases in that table'.
``(F) This paragraph shall apply in the case of any
individual only if such application results in a primary
insurance amount for such individual that is greater than it
would be if computed or recomputed under paragraph (4)(B)
without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any
individual subject to any timely election to receive lump sum
payments under this subparagraph.
``(ii) A written election to receive lump sum payments
under this subparagraph, in lieu of the application of this
paragraph to the computation of the primary insurance amount
of an individual described in paragraph (4)(B), may be filed
with the Commissioner of Social Security in such form and
manner as shall be prescribed in regulations of the
Commissioner. Any such election may be filed by such
individual or, in the event of such individual's death before
any such election is filed by such individual, by any other
beneficiary entitled to benefits under section 202 on the
basis of such individual's wages and self-employment income.
Any such election filed after December 31, 2003, shall be
null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely
election filed by the individual described in paragraph
(4)(B) in accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary
of the Treasury, after receipt of such certification, shall
pay such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to
$5,000, in 4 annual lump sum installments of $1,250, the
first of which shall be made during fiscal year 2004 not
later than July 1, 2004, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31,
2003, of a timely election filed in accordance with clause
(ii) by at least one beneficiary entitled to benefits on the
basis of the wages and self-employment income of a deceased
individual described in paragraph (4)(B), if such deceased
individual has filed no timely election in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to
$5,000 (or, in the case of 2 or more such beneficiaries, such
amount distributed evenly among such beneficiaries), in 4
equal annual lump sum installments, the first of which shall
be made during fiscal year 2004 not later than July 1, 2004,
and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary insurance
amount under title II of the Social Security Act shall be
increased by reason of such amendments for any month before
July 2004.
(2) Recomputation to reflect benefit increases.--
Notwithstanding section 215(f)(1) of the Social Security Act,
the Commissioner of Social Security shall recompute the
primary insurance amount so as to take into account the
amendments made by this Act in any case in which--
(A) an individual is entitled to monthly insurance benefits
under title II of such Act for June 2004; and
(B) such benefits are based on a primary insurance amount
computed--
[[Page S9499]]
(i) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December
1978, or
(ii) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such
section (as amended by the Social Security Amendments of
1977).
______
By Ms. LANDRIEU (for herself, Mr. Bayh, Mr. Kerry, Mrs. Clinton,
and Mr. Daschle):
S. 1419. A bill to support the establishment or expansion and
operation of programs using a network of public and private community
entities to provide mentoring for children in foster care; to the
Committee on Finance.
Ms. LANDRIEU. Madam President, I send a bill to the desk and ask for
its appropriate referral. I send this bill to the desk on behalf of
myself, the Senator from Indiana, Senator Bayh, Senator Kerry, and
Senator Clinton.
The PRESIDING OFFICER. The bill will be received and appropriately
referred.
Ms. LANDRIEU. Madam President, I appreciate the Democratic leader's
generosity, to give some of his time for the introduction of this very
important bill. I thank the Senator from South Dakota.
This particular measure is called the Foster Mentoring Act of 2003. I
have spoken many times on the floor about the issue of foster care and
adoption, and our efforts as a Congress to try to keep our families
intact and to provide the economic systems in the country, as well as
the social systems from the Federal, State, and local level, to try to
help support our families in a way that will get them through crises
that all families experience.
It would be our goal as a nation to see that every child born in a
family gets to stay within that family and is loved and nurtured within
that family unit, either the immediate family or extended family. But
when family ties break down beyond the ability to repair them even with
the best efforts made by the churches and synagogues and mosques and
faith-based organizations as well as the Government, then we have to
create a system out-of-home care, or foster care.
We have done that. We have created a system, but we have to fix a
system that is now broken and in great need of repair. Many of us have
been working diligently over the past few years to do that. Some great
progress has been made.
Until the system can be reformed in its entirety, there are some
things we can do now, we can do immediately. Passing this Foster
Mentoring Act is one of these things. It would provide a $15 million
grant to States to provide foster care mentoring programs, provides $4
million for a public awareness campaign for the need for mentors for
the over 500,000 children who are in foster care in the United States
today, and it would provide, most significantly, up to $20,000 for loan
forgiveness for anyone who would mentor a foster care child.
You ask me have we done this before? Yes, in California, represented
by a list of advocates I will submit, Children Uniting Nations is the
lead nonprofit organization organizing this effort. Under the direction
of Governor Gray Davis and his wife, Sharon, they have been a
successful pilot for this kind of program in the United States.
This bill attempts to take what is working in California and expand
it nationally and provide foster care mentoring opportunities to
children in foster care.
I ask unanimous consent, because my time is short, to have printed in
the Record a letter from the former majority leader, Dick Armey, who
supports this initiative and really encourages the Congress to take a
serious look.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Richard K. Armey,
Former Majority Leader,
Washington, DC, July 16, 2003.
Hon. Mary Landrieu,
Hart Senate Office Building,
Washington, DC.
Dear Senator Landrieu: I understand you are introducing
legislation designed to promote mentoring for foster
children. I am writing to applaud your effort and objective.
Based on my own experience, mentoring works.
My own experience with mentoring convinces me that it
affords an opportunity for learning and encouragement to
children that is all too often not otherwise available. For
the past ten years I have sponsored a program, which we
called, Tools for Tomorrow in which we arranged scholarships
and mentors fifteen deserving children. I have seen first
hand how they blossomed through the experience and I have
enjoyed the special relationship between the children and
their mentors. Mentoring works in the lives of the children.
In addition to applauding your active leadership and
efforts with respect to mentoring for foster children I also
want to commend Daphna Ziman, and Children Using Nations for
their support and activities in the private sector. Daphna
Ziman, Chairperson of Children Uniting Nations, is a
recognized leader who gives much of herself in the tireless
pursuit of helping foster children. Her efforts and other
private sector initiatives play a critical role in advancing
this important cause.
With kind regards,
Dick Armey.
Ms. LANDRIEU. I urge my colleagues to take this issue, as I know they
will, quite seriously, to do what we can now to provide the hundreds of
thousands of children who are looking for mentorship and stability the
benefit of this act and, as quickly as we can, take it up in the
Senate. Of course, we urge our leadership to do so.
Finally, I thank Senator Daschle for giving me the minutes before his
amendment to offer this important legislation.
I yield any time remaining.
The PRESIDING OFFICER. The Democratic leader.
Mr. DASCHLE. Madam President, I complement the distinguished Senator
from Louisiana for her bill and her leadership on the issue of
mentoring. She knows a great deal about foster care. I am grateful to
her for the commitment she had made to the issue.
Recent statistics have shown that 45 percent of those children who
are in foster care are less likely to begin using drugs; 59 percent do
better academically; 73 percent set and attain a higher life
achievement goal. So there is a lot to be said for fostering. I believe
the Foster Care Mentoring Act that she has now just introduced is
meritorious and certainly deserves our support.
I ask to be a cosponsor.
Ms. LANDRIEU. I thank the Senator.
The PRESIDING OFFICER. Without objection, it is so ordered.
______
By Mr. CRAIG:
S. 1420. A bill to establish terms and conditions for use of certain
Federal land by outfitters and to facilitate public opportunities for
the recreational use and enjoyment of such land; to the Committee on
Energy and Natural Resources.
Mr. CRAIG. Mr. President, I am pleased to introduce today the
Outfitter Policy Act of 2003.
This legislation is very similar to legislation I introduced in past
Congresses. As that legislation did, this bill would put into law many
of the management practices by which Federal land management agencies
have successfully managed the outfitter and guide industry on National
Forests, National Parks and other Federal lands over many decades.
The bill recognizes that many Americans want and seek out the skills
and experience of commercial outfitters and guides to help them enjoy a
safe and pleasant journey.
The Outfitter Policy Act's primary purpose is to ensure accessibility
to public lands by all segments of the population and maintain the
availability of quality recreation services to the public. While
protecting access for many outdoor enthusiasts who possess the skills
to enjoy recreating on public lands without assistance, this Act
insures that outfitters and guides across the Nation can continue to
provide opportunities for outdoor recreation for the many families and
groups who would otherwise find the backcountry inaccessible.
Previous hearings and discussions on prior versions of this
legislation helped to refine the bill I am introducing today. This
process provided the intended opportunity for discussion. As well as it
allowed for the examination of the historical practices that have
offered consistent, reliable outfitter services to the public.
Congress has twice addressed this issue with respect to the National
Park System permits--originally establishing standards for Park Service
administration of guide/outfitter permits on their lands in 1965 and
amending that system in 1998. Therefore, it is appropriate to set
similar legislative standards for other public land systems
[[Page S9500]]
such as Forest Service and Bureau of Land Management lands. However,
these and other land management agencies are now without Congressional
guidance, and instead rules, permit terms and conditions and other
intricacies are often left to local agency personnel. The Outfitter
Policy Act would alleviate the discord involved in land management
permitting, providing consistent guidance on the administration of
guide/outfitter permits for the other federal land management agencies.
The Outfitter Policy Act provides the basic terms and conditions
necessary to sustain the substantial investment often needed to provide
the level of service demanded by the public. However, the bill provides
the agencies ample flexibility to adjust use, conditions, and permit
terms. All of which must be consistent with agency management plans and
policies for resource conservation. The Outfitter Policy Act strives to
provide a stable, consistent regulatory climate which encourages
qualified entrants to the guide/outfitting business, while giving the
agencies and operators clear directions.
The Outfitter Policy Act is a measure that will facilitate access to
public lands by the outfitted public, while providing incentives to
outfitters to provide the high quality services over time. It is
necessary to ensure that members of the public who need and rely on
guides and outfitters for recreational access to public lands will
continue to receive safe, quality services.
Unfortunately, this legislation has not passed in its current form.
So I will be working with my colleagues, Senators Bingaman and Wyden,
to capture these concepts and draft a bill that will pass our
committee.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1420
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 ``Outfitter Policy Act of
2003''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the Secretary of
Agriculture and the Secretary of the Interior to facilitate
the use and enjoyment of recreational and educational
opportunities on Federal land by establishing a program for
the permitting of providers of outfitted activities that--
(1) recognizes that outfitted activities constitute an
important component of meeting the recreational and
educational objectives of resource and land management;
(2) is based on developing an effective relationship
between the Federal agency and the outfitters that
facilitates an administrative framework and regulatory
environment that makes it possible for outfitters to engage
in, and invest in, a successful business venture that
provides for recreational use of Federal land by the segment
of the public that needs or wants the services of outfitters
and guides; and
(3) ensures that the United States receives fair value for
use of Federal land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allocation of use.--
(A) In general.--The term ``allocation of use'' means a
method or measurement of use that--
(i) is granted by the Secretary to an authorized outfitter
for the purpose of facilitating the occupancy and use of
Federal land by an outfitted visitor;
(ii) takes the form of--
(I) an amount or type of commercial outfitted activity
resulting from an apportionment of the total recreation
capacity of a resource area; or
(II) in the case of a resource area for which recreation
capacity has not been apportioned, a type of commercial
outfitted activity conducted in a manner that is not
inconsistent with or incompatible with an approved resource
management plan; and
(iii) is calibrated in terms of amount of use, type of use,
or location of a commercial outfitted activity, including
user days or portions of user days, seasons or other periods
of operation, launch dates, assigned camps, hunt, gun, or
fish days, or other formulations of the type or amount of
authorized activity.
(B) Inclusion.--The term ``allocation of use'' includes the
designation of a geographic area, zone, or district in which
a limited number of authorized outfitters are authorized to
operate.
(2) Authorized outfitter.--The term ``authorized
outfitter'' means a person or entity that conducts a
commercial outfitted activity on Federal land under an
outfitter authorization.
(3) Commercial outfitted activity.--The term ``commercial
outfitted activity'' means an activity--
(A) conducted for a member of the public in an outdoor
environment on Federal land, such as--
(i) outfitting;
(ii) guiding;
(iii) supervision;
(iv) education;
(v) interpretation;
(vi) skills training;
(vii) assistance; or
(viii) the dropping off or picking up of visitors,
supplies, or equipment;
(B) conducted under the direction of compensated
individuals; and
(C) for which an outfitted visitor is required to pay more
than shared expenses (including payment to an authorized
outfitter that is a nonprofit organization).
(4) Federal agency.--The term ``Federal agency'' means--
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the United States Fish and Wildlife Service; or
(D) the Bureau of Reclamation.
(5) Federal land.--
(A) In general.--The term ``Federal land'' means all land
and interests in land administered by a Federal agency.
(B) Exclusion.--The term ``Federal land'' does not
include--
(i) land held in trust by the United States for the benefit
of an Indian tribe or individual; or
(ii) land held by an Indian tribe or individual subject to
a restriction by the United States against alienation.
(6) Outfitter authorization.--The term ``outfitter
authorization'' means--
(A) an outfitter permit;
(B) a temporary outfitter authorization; or
(C) any other authorization to use and occupy Federal land
under this Act.
(7) Resource area.--The term ``resource area'' means a
management unit that is described by or contained within the
boundaries of--
(A) a national forest;
(B) an area of public land;
(C) a wildlife refuge;
(D) a congressionally designated area;
(E) a hunting zone or district; or
(F) any other Federal planning unit (including an area in
which outfitted activities are regulated by more than 1
Federal agency).
(8) Secretary.--The term ``Secretary'' means--
(A) with respect to Federal land administered by the Forest
Service, the Secretary of Agriculture;
(B) with respect to Federal land administered by the Bureau
of Land Management, the United States Fish and Wildlife
Service, or the Bureau of Reclamation, the Secretary of the
Interior.
SEC. 4. OUTFITTER AUTHORIZATIONS.
(a) In General.--
(1) Prohibition.--No person or entity, except an authorized
outfitter, shall conduct a commercial outfitted activity on
Federal land.
(2) Special rule for alaska.--With respect to a commercial
outfitted activity conducted in the State of Alaska, the
Secretary shall not establish or impose a limitation on
access by an authorized outfitter that is inconsistent with
the access ensured under subsections (a) and (b) of section
1110 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3170).
(b) Terms and Conditions.--An outfitter authorization shall
specify--
(1) the rights and privileges of the authorized outfitter
and the Secretary; and
(2) other terms and conditions of the authorization.
(c) Criteria For Issuing an Outfitter Permit.--The
Secretary shall establish criteria for the issuance of an
outfitter permit that--
(1) recognize skilled, experienced, and financially capable
persons or entities with knowledge of the resource area;
(2) consider the safety of, and the quality recreational
experience, educational opportunities, and resources
available to, the outfitted visitor; and
(3) recognize and provide a range of public services.
(d) Issuance of Outfitter Permit.--
(1) In general.--The Secretary may issue an outfitter
permit under this Act if--
(A) the commercial outfitted activity to be authorized is
not inconsistent with an approved resource management plan
applicable to the resource area in which the commercial
outfitted activity is to be conducted; and
(B) the authorized outfitter meets the criteria established
under subsection (c).
(2) Use of competitive process.--Except as otherwise
provided by this Act, the Secretary shall use a competitive
process to select an authorized outfitter if the Secretary
determines that there is a competitive interest in the
commercial outfitted activity to be conducted.
(e) Provisions of Outfitter Permits.--
(1) In general.--An outfitter permit shall provide for--
(A) the health and welfare of the public;
(B) conservation of resources;
(C) a return to the United States through the fees
authorized under section 5;
(D)(i) a term of 10 years; or
(ii) a term of less than 10 years if--
(I) foreseeable amendments in resource management plans
would create conditions
[[Page S9501]]
that, less than 10 years after the date of issuance of the
permit, would materially affect, and necessitate changes in
the terms and conditions of, a permit; and
(II) the Secretary and the authorized outfitter agree to
the reduced permit term;
(E) a probationary period of 2 years if the authorized
outfitter is a new authorized outfitter;
(F) the obligation of an authorized outfitter to defend and
indemnify the United States under section 6;
(G) a base allocation of outfitter use, and, if
appropriate, a temporary allocation of use;
(H) a plan to conduct performance evaluations under section
8;
(I) a means to modify, on the initiative of the Federal
agency or on the request of the authorized outfitter, an
outfitter permit to reflect material changes in terms and
conditions specified in the outfitter permit;
(J) notice of a right of appeal and judicial review; and
(K) such other terms and conditions as the Secretary may
require.
(2) Extensions.--The Secretary may issue not more than 3 1-
year extensions of an outfitter permit, unless the Secretary
determines that extraordinary circumstances warrant
additional extensions.
(f) Temporary Outfitter Authorizations.--
(1) In general.--The Secretary may issue a temporary
outfitter authorization for the purpose of conducting a
commercial outfitted activity on a limited basis.
(2) Term.--A temporary outfitter authorization shall have a
term of not more than 2 years.
(3) Reissuance or renewal.--A temporary outfitter
authorization may be reissued or renewed at the discretion of
the Secretary.
SEC. 5. FEES.
(a) Amount of Fee.--
(1) In general.--In determining the amount of a fee, the
Secretary shall--
(A) use consistent methodologies; and
(B) take into consideration--
(i) the financial obligations of the outfitter under the
outfitter permit;
(ii) the provision of a reasonable opportunity to engage in
a successful business;
(iii) the fair value of the use and occupancy granted by
the outfitter authorization; and
(iv) other fees charged to the general public, such as
entrance fees.
(2) Requirements.--The amount of the fee--
(A)(i) shall be expressed as--
(I) a simple charge per day of actual use; or
(II) an annual or seasonable flat fee; or
(ii) if calculated as a percentage of revenue--
(I) shall be determined based on adjusted gross receipts;
and
(II) shall include a minimum fee;
(B) shall be subordinate to the objectives of--
(i) conserving resources;
(ii) protecting the health and welfare of the public;
(iii) providing reliable and consistent performance in
conducting outfitted activities; and
(iv) providing quality service to the public; and
(C) shall be required to be paid on a reasonable schedule
during the operating season.
(3) Actual use.--For the purpose of calculating a fee based
on actual use, the Secretary shall--
(A) consider multiple outfitted activities conducted in 1
day with separate charges as 1 actual use day; and
(B) consider an activity conducted across agency
jurisdictions over the course of 1 day as 1 actual use day.
(4) Adjusted gross receipts.--For the purpose of paragraph
(2)(A)(ii), the Secretary shall--
(A) take into consideration revenue from the gross receipts
of the authorized outfitter from commercial outfitted
activities conducted on Federal land; and
(B) exclude from consideration any revenue that is derived
from--
(i) fees paid by the authorized outfitter to any unit of
Federal, State, or local government for--
(I) hunting or fishing licenses;
(II) entrance or recreation fees; or
(III) other purposes (other than commercial outfitted
activities conducted on Federal land);
(ii) a sale of assets used in the operations of the
authorized outfitter; or
(iii) activities conducted on non-Federal land.
(5) Fees for substantially similar services in a specific
geographic area.--
(A) In general.--Except as provided in subparagraph (B), if
more than 1 outfitter permit is issued to conduct the same or
similar commercial outfitted activities in the same resource
area, the Secretary shall establish an identical fee for all
such outfitter permits.
(B) Exception.--The terms and conditions of an existing
outfitter permit shall not be subject to modification or open
to renegotiation by the Secretary because of the issuance of
a new outfitter permit in the same resource area.
(6) Adjustment of fees.--The amount of a fee--
(A) shall be determined and made effective as of the date
of the outfitter permit; and
(B) may be modified to reflect--
(i) changes in outfitted activities relating to fees based
on actual use;
(ii) extraordinary unanticipated changes affecting
operating conditions, such as natural disasters, economic
conditions, or other material adverse changes from the terms
and conditions specified in the outfitter permit;
(iii) changes affecting operating or economic conditions
determined by other governing entities, such as the
availability of State fish or game licenses;
(iv) the imposition of new or increased fees assessed under
other law; or
(v) authorized adjustments made to an allocation of use.
(b) Other Fees and Costs.--
(1) In general.--In establishing fees other than the fees
authorized under this Act that may directly or indirectly
affect authorized outfitters, the Secretary shall--
(A) ensure that the fees do no materially and adversely
effect--
(i) the ability of authorized outfitters to provide quality
services at reasonable rates; and
(ii) the opportunity of authorized outfitters to engage in
a successful business venture; and
(B)(i) consider the cumulative impact of fees levied under
this Act, any cost recovery requirements, and State and local
taxes and fees on authorized outfitters; and
(ii) adjust the fees as appropriate;
(C) to the extent practicable, consolidate the fees into 1
predictable fee.
(2) Processing fees and costs.--Fees for processing
applications for outfitter permits or monitoring compliance
with permits terms and conditions shall not seek to recover
costs of agency activities that benefit broadly the general
public, relate directly to agency statutory duties, or are
not directly related to or required for processing of
applications or monitoring of an authorization.
(3) Notice.--A change in the manner in which a fee charged
under paragraph (1) or (2) is determined shall be valid only
if--
(A) the Secretary provides written notice to authorized
outfitters affected by the change; or
(B) the authorized outfitter agrees to the change.
SEC. 6. LIABILITY AND INDEMNIFICATION.
(a) General.--An authorized outfitter shall pay the United
States for all injury, loss, damage, and costs arising from
negligence, gross negligence, or willful and wanton disregard
for persons or property associated with the authorized
outfitter's conduct of a commercial outfitted activity under
an outfitter authorization.
(b) Indemnification.--An authorized outfitter shall defend
and indemnify the United States for all injury, loss, damage,
and costs the United States may incur as a result of
judgments, claims, or losses arising from negligence, gross
negligence, or willful and wanton disregard for persons or
property associated with the authorized outfitter's conduct
of a commercial outfitted activity under an outfitter
authorization.
(c) Environmental and Other Liability.--Subsections (a) and
(b) shall not be interpreted to limit any liability for, or
prevent the United States from taking any action to address,
injury, loss, damages, or costs associated with environmental
contamination, injury to natural resources, or other cause of
action that arises under other law, including the Resource
Conservation Recovery Act (7 U.S.C. 1010, et seq.), the
Comprehensive Environmental Response Compensation and
Liability Act (42 U.S.C. 19 9601, et seq.), and Clean Water
Act (33 U.S.C. 1251, et seq.), in connection with the
authorized outfitter's use and occupancy of Federal lands, or
to diminish any independent obligation of the authorized
outfitter to indemnify the United States with respect to the
same.
(d) Exception.--An authorized outfitter shall have no
obligation to pay, defend, or indemnify the United States
under subsections (a) and (b) for any injury, loss, damage,
or costs for which the United States is solely responsible.
(e) Finding of Cognizable Claim.--
(1) Actions required before presenting claim.--Before
presenting any claim to an authorized outfitter for injury,
loss, damage, or costs incurred by the United States pursuant
to subsection (a) or (b), the Secretary shall--
(A) submit to the authorized outfitter a preliminary
finding that the claim is cognizable; and
(B) provide the authorized outfitter with an opportunity to
comment before submitting the final finding to the authorized
outfitter.
(2) Administrative claims.--Nothing in this section is
intended to preclude the United States from pursuing its
claims administratively, without first obtaining a judicial
determination of liability.
(f) Assumption of Risk and Waivers of Liability.--
(1) General requirements.--An authorized outfitter may
enter into agreements with outfitted visitors for assumption
of risk and waiver of liability for negligence in connection
with inherently dangerous outfitted activities, if--
(A) the waiver of liability also runs in favor of the
United States and its agents, employees, or contractors;
(B) the waiver of liability adequately covers the risks of
loss to the United States associated with the authorized
outfitter's activities on Federal lands;
(C) the waiver of liability does not abrogate, limit, or in
any manner affect the authorized outfitter's obligation to
indemnify the United States under this section; and
(D) the waiver of liability does not affect the ability of
the United States to recover as
[[Page S9502]]
an additional insured under any insurance policy obtained by
an authorized outfitter in connection with a commercial
outfitted activity.
(2) Prior written approval required.--No waiver of
liability may be used by an authorized outfitter without
prior written approval of the Federal agency. The Federal
agency has the discretion to deny requests for the use of
waivers of liability for any reason if deemed not in the best
interests of the United States.
(3) Standardization.--Waivers of liability used by
authorized outfitters and insurance policies obtained by
authorized outfitters in connection with a commercial
outfitted activity shall be standardized to the greatest
extent possible. Authorized outfitters, the insurance
industry, and the Federal agencies shall work together to
achieve this goal.
SEC. 7. ALLOCATIONS OF USE.
(a) In General.--In a manner that is not inconsistent with
or incompatible with an approved resource management plan
applicable to the resource area in which a commercial
outfitted activity occurs, the Secretary--
(1) shall provide a base allocation of outfitter use to an
authorized outfitter under an outfitter permit; and
(2) may provide a base allocation of use to an authorized
outfitter under a temporary outfitter permit.
(b) Waiver of Allocation.--
(1) In general.--At the request of an authorized outfitter,
the Secretary may waive any obligation of the authorized
outfitter to use all or part of the amount of allocation of
use provided under the outfitter permit, if the request is
made in sufficient time to allow the Secretary to temporarily
reallocate the unused portion of the allocation of use in
that season or calendar year.
(2) Reclaiming of allocation of use.--Unless the Secretary
has reallocated the unused portion of an allocation of use in
accordance with paragraph (1), the authorized outfitter may
reclaim any part of the unused portion in that season or
calendar year.
(3) No fee obligation.--An outfitter permit fee may not be
charged for any amount of allocation of use subject to a
waiver under paragraph (1).
(c) Adjustment to Allocation of Use.--The Secretary--
(1) may adjust a base allocation of use to reflect--
(A) a material change arising from approval of an amendment
or revision in the resource management plan for the area of
operation; or
(B) requirements arising under other law; and
(2) shall provide an authorized outfitter with
documentation supporting the basis for any adjustment in the
base allocation of outfitter use, including new terms and
conditions that result from the adjustment.
(d) Renewals, Transfers, and Extensions.--Except as
provided in subsection (c), on renewal, transfer, or
extension of an outfitter permit, the same base allocation of
use shall be included in the terms and conditions of the
outfitter permit.
(e) Temporary Allocation of Use.--
(1) In general.--A temporary allocation of use may be
provided to an authorized outfitter at the discretion of the
Secretary for a period not to exceed 2 years beyond the base
allocation.
(2) Transfers and extensions.--A temporary allocation of
use may be transferred or extended at the discretion of the
Secretary.
SEC. 8. EVALUATION OF PERFORMANCE.
(a) Evaluation System.--The Secretary shall develop a
performance evaluation system that--
(1) ensures the continued availability of safe and
dependable commercial outfitted activities for the public;
and
(2) provides for the suspension or revocation of any
outfitter permit if an outfitter fails to meet the required
standards.
(b) Evaluation Criteria.--Criteria used by the Secretary to
evaluate the performance of an authorized outfitter shall--
(1) be objective, measurable, and attainable; and
(2) include, as determined to be appropriate by the
Secretary--
(A) standards generally applicable to all commercial
outfitted activities; and
(B) standards specific to a resource area or an individual
outfitter operation.
(c) Requirements.--In evaluating the level of performance
of an authorized outfitter, the Secretary shall--
(1) appropriately account for factors beyond the control of
the authorized outfitter;
(2) ensure that the effect of any performance deficiency
reflected by the performance rating is proportionate to the
severity of the deficiency, including any harm that may have
resulted from the deficiency;
(3) schedule evaluations to ensure the authorized outfitter
is present, or represented, at inspections of operations or
facilities and inspections, which inspections shall be
limited to the operations and facilities of the authorized
outfitter located on Federal land; and
(4) provide written notice of any conduct or condition
that, if not corrected, might lead to a performance
evaluation of marginal or unsatisfactory, which notice shall
include an explanation of needed corrections and provide a
reasonable period in which the corrections may be made
without penalty.
(d) Levels of Performance.--The Secretary shall define 3
levels of performance, as follows:
(1) Good, indicating a level of performance that fulfills
the terms and conditions of the outfitter permit.
(2) Marginal, indicating a level of performance that, if
not corrected, will result in an unsatisfactory level of
performance.
(3) Unsatisfactory, indicating a level of performance that
fails to fulfill the terms and conditions of the outfitter
permit.
(e) Marginal Performance.--If an authorized outfitter's
annual performance is determined to be marginal--
(1) the level of performance shall be changed to a ``good''
performance for the year if the authorized outfitter
completes the corrections within the time specified; or
(2) the level of performance shall be determined to be
unsatisfactory for the year if the authorized outfitter fails
to complete the corrections within the time specified.
(f) Determination of Eligibility for Renewal.--
(1) In general.--The results of all annual performance
evaluations of an authorized outfitter shall be reviewed by
the Secretary in the year preceding the year in which the
outfitter permit expires to determine whether the authorized
outfitter's overall performance during the term has met the
requirements for renewal under section 9.
(2) Failure to evaluate.--If, in any year of the term of an
outfitter permit, the Secretary fails to evaluate the
performance of the authorized outfitter by the date that is
90 days after the conclusion of the authorized outfitter's
operating season, the performance of the authorized outfitter
in that year shall be considered to have been good.
(3) Notice.--Not later than 90 days after the end of the
year preceding the year in which an outfitter permit expires,
the Secretary shall provide the authorized outfitter with the
cumulative results of performance evaluations conducted under
this subsection during the term of the outfitter permit.
(4) Unsatisfactory performance in final year.--If an
authorized outfitter receives an unsatisfactory performance
rating under subsection (d) in the final year of the term of
an outfitter permit, the review and determination of
eligibility for renewal of the outfitter permit under
paragraph (1) shall be revised to reflect that result.
SEC. 9. RENEWAL, REVOCATION, OR SUSPENSION OF OUTFITTER
PERMITS.
(a) Renewal at Expiration of Term.--
(1) In general.--On expiration of the term of an outfitter
authorization, the Secretary shall renew the authorization in
accordance with paragraph (2).
(2) Criteria for determination.--The Secretary shall renew
an outfitter authorization under paragraph (1) at the end of
the term of an outfitter authorization and subject to the
requirements of this Act if the Secretary determines that the
authorized outfitter has received not more than 1
unsatisfactory annual performance rating under section 8
during the term of the outfitter permit.
(3) Temporary outfitter authorization.--If the Secretary
determines that the authorized outfitter has received an
unsatisfactory annual performance rating in the last year of
the 10-year term of the outfitter permit--
(A) the Secretary may issue to the authorized outfitter a
temporary outfitter permit; and
(B) if during the 2-year period of the temporary outfitter
permit issued under subparagraph (A), the authorized
outfitter receives a good performance rating, the Secretary
shall renew the outfitter permit for an 8-year term.
(b) Suspension or Revocation.--An outfitter permit may be
suspended or revoked if the Secretary determines that--
(1)(A) the authorized outfitter has failed to correct a
condition for which the authorized outfitter received notice
under section 8(c)(4); and
(B) the condition is considered by the Secretary to be
significant with respect to the terms and conditions of the
outfitter permit;
(2) the authorized outfitter--
(A) is in arrears in the payment of fees under section 5;
and--
(B)(i) has not entered into a payment plan with the Federal
agency; or
(ii) has not brought a civil action or brought an
administrative claim under section 12; and
(3) the authorized outfitter's conduct demonstrates willful
disregard for--
(A) the health and welfare of outfitted visitors or other
visitors; or
(B) the conservation of resources on which the commercial
outfitted activities are conducted.
SEC. 10. TRANSFERABILITY OF OUTFITTER PERMITS.
(a) In General.--An outfitter permit shall not be
transferred (including assigned or otherwise conveyed or
pledged) by the authorized outfitter without prior written
notification to, and approval by, the Secretary.
(b) Approval.--
(1) In general.--The Secretary shall approve a transfer of
an outfitter permit unless the Secretary determines that the
transferee is--
(A) not qualified; or
(B) unable to satisfy the terms and conditions of the
outfitter permit.
(2) Qualified transferees.--Subject to section 4(d)(1), the
Secretary shall approve a transfer of an outfitter permit--
(A) to a purchaser of the operation of the authorized
outfitter;
(B) at the request of the authorized outfitter, to an
assignee, partner, or stockholder
[[Page S9503]]
or other owner of an interest in the operation of the
authorized outfitter; or
(C) on the death of the authorized outfitter, to an heir or
assign.
(c) Transfer Terms.--The terms and conditions of any
outfitter permit shall not be subject to modification or open
to renegotiation by the Secretary because of a transfer
described in subsection (a) unless--
(1) the modification is agreed to by, or at the request of,
the transferee;
(2) the terms and conditions of the outfitter permit that
is proposed to be transferred have become inconsistent or
incompatible with an approved resource management plan for
the resource area; or
(3) the transferee proposes activities outside the scope of
the existing authorization.
(d) Consideration Period.--
(1) Timeframe for review.--Subject to paragraph (2), if the
Secretary fails to act on the transfer of an outfitter permit
within 180 days after the date of receipt of an application
containing the information required with respect to the
transfer, the transfer shall be deemed to have been approved.
(2) Extension.--The Secretary may extend the period for
consideration of an application under paragraph (1) if--
(A) the Secretary and the authorized outfitter applying for
transfer of an outfitter permit agree to extend the period;
or
(B)(i) the transferee requests a modification of the terms
and conditions of the outfitter permit; and
(ii) the modification requires environmental analysis under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(e) Continuance of Outfitter Permit.--If the transfer of an
outfitter permit is not approved by the Secretary or if the
transfer is not subsequently made, the outfitter permit shall
remain in effect.
SEC. 11. RECORDKEEPING REQUIREMENTS.
(a) In General.--An authorized outfitter shall keep such
reasonable records as the Secretary may require to enable the
Secretary to determine that all the terms of the outfitter
permit are being met.
(b) Obligations of the Secretary and Authorized
Outfitter.--The recordkeeping requirements established by the
Secretary shall incorporate simplified procedures that do not
impose an undue burden on an authorized outfitter.
(c) Access to Records.--The Secretary, or an authorized
representative of the Secretary, shall for audit and
performance evaluation purposes have access to and the right
to examine for the 5-year period beginning on the termination
date of an outfitter permit any records of the authorized
outfitter relating to each outfitter authorization held by
the authorized outfitter during the business year.
SEC. 12. APPEALS AND JUDICIAL REVIEW.
(a) Appeals Procedure.--The Secretary shall by regulation--
(1) grant an authorized outfitter full access to
administrative remedies; and
(2) establish an expedited procedure for consideration of
appeals of Federal agency decisions to--
(A) deny, suspend, fail to renew, or revoke an outfitter
permit; or
(B) change a principal allocation of outfitter use.
(b) Judicial Review.--An authorized outfitter that is
adversely affected by a final decision of the Secretary under
this Act may commence a civil action in United States
district court.
SEC. 13. COLLECTION AND USE OF FUNDS.
Except as provided in section 7 of the Act of April 24,1950
(commonly known as the ``Granger-Thye Act'') (16 U.S.C.
580d), funds deposited under this Act shall be available to
the Secretary without further appropriation and shall remain
available for--
(1) administration of the outfitter permit;
(2) interpretive programs;
(3) trail maintenance; or
(4) any other activity to carry out this Act.
SEC. 14. REGULATIONS.
Not later than 2 years after the date of enactment of this
Act, the Secretary of the Interior and the Secretary of
Agriculture shall promulgate regulations for permitting
commercial outfitted activities on Federal land.
SEC. 15. RELATIONSHIP TO OTHER LAW.
(a) National Park Omnibus Management Act of 1998.--Nothing
in this Act supersedes or otherwise affects any provision of
title IV of the National Park Omnibus Management Act of 1998
(16 U.S.C. 5951 et seq.).
(b) ANILCA.--Nothing in this Act modifies, amends, or
otherwise affects section 1307 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197).
(c) State Outfitter Licensing Law.--This Act does not
preempt any outfitter or guide licensing law (including any
regulation) of any State or territory.
SEC. 16. TRANSITION PROVISIONS.
(a) Outfitters With Satisfactory Rating.--An outfitter that
holds a permit, contract, or other authorization to conduct
commercial outfitted activities (or an extension of such a
permit, contract, or other authorization) in effect on the
date of enactment of this Act shall be entitled, on
expiration of the authorization, to the issuance of a new
outfitter permit under this Act if the performance of the
outfitter under the permit, contract, or other authorization
was determined to be good or was the equivalent of good,
satisfactory, or acceptable under a rating system in use
before the date of enactment of this Act.
(b) Outfitters With No Ratings.--For the purpose of
subsection (a), if no recent performance evaluations exist to
determine the outfitter's performance, the performance shall
be deemed to be good.
(c) Effect of Issuance of Outfitter Permit.--The issuance
of an outfitter permit under subsection (a) shall not
adversely affect any right or obligation that existed under
the permit, contract, or other authorization (or an extension
of the permit, contract, or other authorization) on the date
of enactment of this Act.
SEC. 17. EFFECT.
(a) In General.--Nothing in this Act limits or restricts
any right, title, or interest of the United States in or to
any land or resource or establishes a property right in favor
of the authorized outfitter.
(b) Effect on Non-Outfitted Recreational or Academic Use.--
Nothing in this Act--
(1) establishes any preference for outfitted or non-
outfitted use;
(2) diminishes or impairs--
(A) any existing use or occupancy of Federal land by the
public (including the non-outfitted public); or
(B) any right or privilege of use, occupancy, or access to
Federal land by the public (including the non-outfitted
public);
(3) diminishes the existing authority of Federal agencies
to--
(A) establish levels of use; and
(B) allocate such use among or between the outfitted and
non-outfitted public; and
(4) applies to outdoor activity and services on Federal
land for or directly related to academic credit and provided
by a bona fide and accredited academic institution.
______
By Ms. MURKOWSKI:
S. 1421. A bill to authorize the subdivision and dedication of
restricted land owned by Alaska Natives; to the Committee on Energy and
Natural Resources.
Ms. MURKOWSKI. Mr. President, the Native Allotment Subdivision Act is
the only answer to resolving the question of whether Native landowners
have the authority to subdivide their own property. Individual Alaska
Native landowners cannot subdivide their land to transfer it either by
gift or by sale. There is no current authority that allows them to
dedicate rights-of-way across their land for public access or for
utility purposes. The lack of explicit statutory authorization calls
into question the legal validity of lands that have been subdivided and
lands that likely could be subdivided in the future. This legislation
will provide the necessary authorization to the Department of the
Interior and Native landowners to dedicate their land for public
purposes as they see fit. No other legislation or policy exists that
addresses such a unique problem. Essentially this bill allows Alaska
Natives to own lands with the same obligations and privileges of other
private landowners in Alaska. However, the bill creates no obligation
of Alaska Natives to do anything with their allotments unless they
elect to sell or dispose of their lands.
Over the past twenty years, hundreds of allotments have been
subdivided, either for the purpose of commercial sale or to facilitate
transfers of land to the landowners' children or other relatives.
Problems arose when the Borough placed a utility line across frontage
property of one of the Native landowners. Frontage property the Borough
thought it had legal access to; there was no reason to consider
potential conflicts existed. The new owner questioned the validity and
legality of the Borough placing any kind of feature across his land. In
addition, grantees of existing easements, such as utility easements for
local electric cooperatives, have felt threatened with trespass action
for easements previously granted in good faith.
The question clearly goes to whether a trespass had been committed by
local government. In fact in this case, subdivision plats were filed,
signed and approved as evidenced by the appropriate signatures of the
Bureau of Indian Affairs, the landowner and by the local governing
authority. The official plats show streets laid out to provide frontage
to the lots created by the subdivision, describing 10 foot utility
rights-of-way on each lot. It is recognized that compliance with State
law is required when landowners choose to subdivide their land. Given a
choice, it would be advantageous to the Alaska Native landowners if the
same opportunity was available to them. There is no applicable Federal
law on the subject of subdivision of Native allotment lands. State law
requires that access to subdivided lots be assured, typically by
dedication of public rights-of-way, which will be shown on the
subdivision plat.
[[Page S9504]]
In an effort to overcome this problem, a collaborative process was
undertaken by the affected Boroughs and the State of Alaska to validate
such dedications by separately conveying either easements or title to
roads and utility easements to State and local governments. This was so
burdensome, time-consuming and complex, the process had to be
abandoned. The platting authorities and the State were so disenchanted
by this process, they had no choice but to turn to Congress for relief.
The common sense approach to solving this dilemma, is to afford the
same considerations to Native landowners that others have. Native
landowners must have the same authority to subdivide and dedicate their
land as anyone else has the right to do, according to existing State
law
By speeding up and simplifying the allotment subdivision process, the
Native landowner, the Federal, State and local governments would all
benefit. This legislation permits a Native landowner at his own option
to abide by and receive the benefits of subdividing his land in
accordance with State or local law. The uncertainty of whether
officially filed allotment subdivision plats are valid would be
removed. This legislation will also serve to authorize future allotment
subdivisions, ratify and confirm the legal validity of those already
created.
The Native landowner will not be deprived of any of the protections
of restricted land status. This legislation will confirm the restricted
Native landowners' right to act in his own best interest. The issue
they face is a choice between being able to subdivide their land,
obtain a much greater total compensation for sales of subdivided lots
or continue to be unable to subdivide their land. Their only option
will be to sell one large tract that will almost always bring a
substantially smaller total amount of compensation.
The legislation I am introducing today is an issue that applies to
Alaska only. The solution affects the Native Allotment Act of 1906, the
same legislation which provides for Alaska Natives to receive title to
up to 160 acres of public land.
This legislation is non-controversial and is beneficial to all
affected parties and to the general public. The State of Alaska and
local governments have urged such legislation. The Department of the
Interior is supportive.
And, finally, passage of this legislation will be in the best
interest of the Native allotment owners and the general public. I urge
my colleagues to support this important legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1421
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 Native Allotment
Subdivision Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Alaska Natives that own land subject to Federal
restrictions against alienation and taxation need to be able
to subdivide the restricted land for the purposes of--
(A) transferring by gift, sale, or devise separate
interests in the land; or
(B) severing, by mutual consent, tenancies in common;
(2) for the benefit of the Alaska Native restricted
landowners, any persons to which the restricted land is
transferred, and the public in general, the Alaska Native
restricted landowners should be authorized to dedicate--
(A) rights-of-way for public access;
(B) easements for utility installation, use, and
maintenance; and
(C) additional land for other public purposes;
(3)(A) the lack of an explicit authorization by Congress
with respect to the subdivision and dedication of Alaska
Native land that is subject to Federal restrictions has
called into question whether such subdivision and dedication
is legal; and
(B) this legal uncertainty has been detrimental to the
rights of Alaska Native restricted landowners to use or
dispose of the restricted land in the same manner as other
landowners are able to use and dispose of land;
(4) extending to Alaska Native restricted land owners the
same authority that other landowners have to subdivide and
dedicate land should be accomplished without depriving the
Alaska Native restricted landowners of any of the protections
associated with restricted land status;
(5) confirming the right and authority of Alaska Native
restricted land owners, subject to the approval of the
Secretary of the Interior, to subdivide their land and to
dedicate their interests in the restricted land, should be
accomplished without affecting the laws relating to whether
tribal governments or the State of Alaska (including
political subdivisions of the State) have authority to
regulate land use;
(6) Alaska Native restricted land owners, persons to which
the restricted land is transferred, State and local platting
authorities, and members of the general public have formed
expectations in reliance on past subdivisions and
dedications; and
(7) those expectations should be fulfilled by ratifying the
validity under Federal law of the subdivisions and
dedications.
SEC. 3. DEFINITIONS.
In this Act:
(1) Restricted land.--The term ``restricted land'' means
land in the State that is subject to Federal restrictions
against alienation and taxation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Alaska.
SEC. 4. SUBDIVISION AND DEDICATION OF ALASKA NATIVE
RESTRICTED LAND.
(a) In General.--An Alaska Native owner of restricted land
may, subject to the approval of the Secretary--
(1) subdivide the restricted land in accordance with the
laws of the--
(A) State; or
(B) applicable local platting authority; and
(2) execute a certificate of ownership and dedication with
respect to the restricted land subdivided under paragraph (1)
with the same effect under State law as if the restricted
land subdivided and dedicated were held by unrestricted fee
simple title.
(b) Ratification of Prior Subdivisions and Dedications.--
Any subdivision or dedication of restricted land executed
before the date of enactment this Act that has been approved
by the Secretary and by the applicable State or local
platting authority, as appropriate, is ratified and confirmed
by Congress as of the date on which the Secretary approved
the subdivision or dedication.
SEC. 5. EFFECT.
(a) In General.--Nothing in this Act validates or
invalidates any assertion--
(1) that a Federally recognized Alaska Native tribe has or
lacks jurisdiction with respect to any land in the State;
(2) that Indian country (as defined in section 1151 of
title 18, United States Code) exists or does not exist in the
State; or
(3) that, except as provided in section 4, the State or any
political subdivision of the State does or does not have the
authority to regulate the use of any individually owned
restricted land.
(b) Effect on Status of Land Not Dedicated.--Except in a
case in which a specific interest in restricted land is
dedicated under section (4)(a)(2), nothing in this Act
terminates, diminishes, or otherwise affects the continued
existence and applicability of Federal restrictions against
alienation and taxation on restricted land or interests in
restricted land (including restricted land subdivided under
section 4(a)(1)).
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