[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Senate]
[Pages S9975-S9976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI:
  S. 1466. A bill to facilitate the transfer of land in the State of 
Alaska, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Ms. MURKOWSKI. Mr. President, the Alaska Land Transfer Acceleration 
Act of 2003 will transfer millions of acres of land to Alaska Natives, 
the State of Alaska and to Native Corporations by 2009. The Federal 
agencies in Alaska have management jurisdiction of over 63 percent of 
the State. It is time to transfer these public lands from Federal 
Government control to private ownership. This legislation creates a 
strategic plan for the Bureau of Land Management to finally resolve 
long-standing land survey, land entitlement issues and land claims 
issues, some of which date back to 1906. Since 1906 Congress has 
enacted other legislation that requires the BLM to transfer public 
lands to Alaska Natives, the State of Alaska and to Alaska Native 
Corporations.
  The land conveyance program is the largest and most complex of any in 
United States history. For many years, BLM's primary goal was to convey 
title to unsurveyed lands to the State and Native Corporations by 
tentative approval and interim conveyance, respectively. This 
management practice allowed the State and Native Corporations to manage 
their lands, subject only to the survey of the final boundary.
  This legislation will accelerate release of lands for conveyance to 
Native coporations and the State of Alaska. It will complete land 
patterns to allow land owners to more efficiently manage their land. It 
will clarify that certain minerals can be transferred to Native 
landowners. And frankly, split estates can be minimized. The University 
will be given the opportunity to select the remaining Federal interests 
in lands the University already owns, that will likely produce economic 
opportunities not presently available under this land lock.
  The complexity of land patterns and uses in Alaska is evident in the 
presence of federal mining claims that are within lands owned or 
selected by the State of Alaska. Our legislation would clarify miners' 
right to convert from Federal to State claims without jeopardizing 
ongoing mining operations. At the same time, BLM would be allowed to 
expedite conveyances to the State. Properly maintained Federal claims 
will continue to be excluded from conveyance. Entitlements to the State 
will remain secure. The miner will decide when or whether to convert 
his claims to State claims.
  For too many years, individuals, Native corporations and the State 
have been patiently waiting to receive title to their land. In 1958 the 
State of Alaska was promised 104 million acres of land, and has to date 
received final title to only 42 million acres; less than half of what 
is due. Of the 44 million acres of land that the Native Corporations 
are entitled to, only about a third has been conveyed or about 15 
million acres. Worse, yet, are the 2,500 parcels pending title to 
Native individuals out of 16,000 parcels. Almost 14,000 parcels are 
still awaiting basic adjudication to even make a determination of land 
transfer. Too much land is hanging in the balance that must be surveyed 
and patented to rightful owners. Between now and the sunset of this 
bill in 2009, more than 89 million acres must be surveyed on State and 
Native Corporation lands. The lands that are awaiting survey do not 
include lands that will eventually be titled to Native individuals; 
these lands too must first be surveyed.
  While some Native allotments have been conveyed, issues have arisen 
to challenge final conveyance to the land. Such challenges have 
included whether actual use of land occurred; the location of the 
parcel; or even who should receive title to the land. Sadly, some of 
the original Native allotment applicants have died waiting to receive 
title or have disputes resolved. Oftentimes, the death of an applicant 
can present

[[Page S9976]]

the agency with chain of title questions to determine who the rightful 
heir is, causing further delays to getting the lands transferred.
  Some disputes have been easier to handle than others, resulting in 
settlement through an administrative appeals process. The Federal 
agencies have been hampered by many administrative and legal obstacles. 
There have been court decisions and lawsuit settlements, new 
legislation creating new rights of changing rules midstream. Old cases 
have been reopened that have created new land patterns for adjudication 
and survey. The administrative appeals process was designed to be 
efficient, and immediately accessible to individuals who believe they 
have been adversely impacted by actions taken by the BLM. It too many 
instances this process has resulted in long delays that hinder the BLM 
from finalizing its work. In the meantime, the applicant suffers at the 
hands of a process that generally takes years just for a case to be 
reviewed for resolution.
  This legislation will provide the BLM with broader authority for 
solving many of the problems associated with land claims affecting all 
disputes that occur in Alaska. When disputes arise over the 
adjudication of land claims, BLM needs to have full authority to work 
in a more collaborative environment with its clientele.
  This legislation will provide the BLM the opportunity to caucus with 
its clients. It will allow for a process of negotiation to gain 
consensus on final resolution of land applications. What has been 
missing all these years is the flexibility for the Federal agencies to 
work in such a cooperative fashion. This new process is intended to be 
free of complicated rules that have plagued the agency to finding 
solutions. Resolution and closure must come quicker.

  Mr. President, I give great credit to the management and the 
employees of the BLM Alaska for their efforts over the years to 
transfer the land. They have proven to be dedicated and committed 
public servants. I believe they have tried to do the right thing; they 
just need the tools and the resources. They want to close the books on 
the Alaska conveyance program once and for all, and this bill will help 
them achieve that goal by 2009.
  In 1973 the Alaska Native Claims Appeal Board was established. The 
Board had jurisdiction over decisions made under the Alaska Native 
Claims Settlement Act. The Board consisted of four judges, and was able 
to decide a case within 3 to 6 months of the close of briefing. It 
usually had a small backlog. While the Board was able to act in a 
fairly responsive manner, there was criticism the Board did not 
correctly apply general Federal land law precedent and that some of 
their rulings were inconsistent with policy of the Department of the 
Interior. The Board was dissolved in 1981. The backlog of cases was not 
necessarily attributed to Native Corporation cases; most of the backlog 
related to all other matters. This legislation will create a hearings 
and appeals process located in Alaska. Presently, there are almost 100 
appeals of Alaska decisions pending before the Interior Board of Land 
Appeals. It usually takes this Board several years to rule on a case, 
sometimes as long as 3 to 5 years. The present process is broken. There 
should never be a process that controls the fate of someone's 
livelihood. Matters requiring resolution must not sit and languish for 
years without resolution. This practice is unacceptable and 
unreasonable.
  Additionally, more than 20 cases are pending before Administrative 
Law judges at various Office of Hearings Appeals offices--Virginia, 
Minnesota and Utah. The cases currently in their hands are Native 
allotments and mining claims. Substantial delays have resulted from the 
slow pace of scheduling hearings in Alaska. Establishing an Alaska 
hearings unit to handle all Alaska appeals would significantly speed up 
the current process. Such a new process would be able to routinely 
issue decisions within 3 to 6 months of the close of briefing.
  Challenges likely to emerge on land actions requiring judicial review 
will be handled by judges located in Alaska. Moreover, having judges 
located in Alaska, conducting Alaska business, would ensure an 
understanding of the special laws that are applicable to Alaska. In 
addition, this process would include all land transfer matters, not 
just claims under the Alaska Native Claims Settlement Act.
  To achieve the acceleration of land conveyances, we must be able to 
count on a consistent level of funding. We do not want any aspect of 
the acceleration plan to be hampered. As I pointed out earlier, almost 
90 million acres must be surveyed between now and 2009. The BLM is the 
single agency of the Federal Government that is charged with the 
authority and responsibility for surveys and land title record keeping. 
Official survey plats are the Government's record of the boundaries of 
an area and the description of such surveyed land is known as the legal 
land description. Land title or patents are based on such plats of 
survey. And, until the land is surveyed, the Alaska Natives, the State 
of Alaska and the Native Corporations will still be waiting way off 
into the future for this work to be finalized.
  The Alaska Land Transfer Acceleration Act of 2003 imposes very strict 
provisions on the agency to complete land conveyances by 2009 to Alaska 
Natives, the State of Alaska and to the Native Corporations. Some might 
view this plan as ambitious. I view it as being long overdue.

                          ____________________