[Congressional Record Volume 152, Number 66 (Wednesday, May 24, 2006)]
[Senate]
[Pages S5120-S5121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS (for himself and Ms. Murkowski):
  S. 3000. A bill to grant rights-of-way for electric transmission 
lines over certain Native allotments in the State of Alaska; to the 
Committee on Energy and Natural Resources.
  Mr. STEVENS. Mr. President, I rise today to introduce legislation 
which will resolve an ongoing dispute in our State concerning rights of 
way in the Copper River Valley region.
  In 1906, Congress passed the Alaska Native Allotment Act, which 
allowed Alaska Natives to each claim up to 160 acres of land. Between 
1906 and 1970, Alaska Natives filed allotment applications. The 
majority of these were filed

[[Page S5121]]

in the late 1960s. In 1971, Congress repealed the Alaska Native 
Allotment Act as part of the Alaska Native Claims Settlement Act. 
Congress then resolved all outstanding land claims by approving pending 
applications in the 1980 Alaska National Interest Lands Conservation 
Act. This approval was subject to valid existing rights.
  When it settled the outstanding land claims in our State, Congress 
unintentionally created an issue which is now the subject of several 
lawsuits. In the 1950s and 1960s, the Federal Government and the State 
of Alaska granted rights of way to the Copper Valley Electric 
Association to run power lines across areas in our State which were 
later claimed by Alaska Natives. These rights were conveyed before 
Alaska Native allotment claims had been filed and processed.
  Since outstanding land claims were approved through ANILCA in 1980, 
several Native allottees have come forward and claimed the Copper 
Valley Electric Association is trespassing on their lands. In 1987, the 
Interior Board of Land Appeals affirmed this position, finding Native 
allotees have priority over other competing uses of land--in this case, 
those of the utility company--regardless of the fact that the rights of 
way were granted prior to the conveyance of the property in question to 
the allotees. This situation is still unresolved and has resulted in 
years of litigation.
  We have been unable to settle these disputes through existing 
remedies. These conflicts now jeopardize existing transportation and 
utility corridors. This issue threatens future infrastructure 
development in the region.
  At my request, the Government Accountability Office, GAO, reviewed 
this situation. The GAO issued its report and recommended solutions. 
This bill incorporates the GAO's recommendation. It compensates the 
owners of the Native allotments, while ensuring that the utility 
companies are able to provide residents with the infrastructure and 
services they need. I believe this is the most equitable solution 
available, and I urge the Senate to pass this bill.
                                 ______