[Congressional Record Volume 153, Number 3 (Monday, January 8, 2007)]
[Senate]
[Page S240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS (for himself and Ms. Murkowski):
  S. 205. 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. Today I reintroduce legislation which 
will resolve an ongoing dispute in my State concerning rights of way in 
the Copper River Valley region.
  In the 109th Congress, both the Senate and House of Representatives 
held hearings on this bill. It is my hope that we can move this 
important legislation quickly through the Senate.
  When Congress attempted to settle outstanding land claims in Alaska, 
it unintentionally created a land dispute between Native allotees and 
utility companies. 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 that were 
later claimed by Alaska Natives. These rights were conveyed before 
Alaska Native allotment claims had been filed and processed.
  In 1980, Congress passed the Alaska National Interest Lands 
Conservation Act in 1980, which legislatively ratified native allotment 
land claims subject to the valid existing rights of other land holders. 
However, several Native allottees challenged the existing rights of 
other land holders and claimed that the Copper Valley Electric 
Association was trespassing on their lands. In 1987, the Department of 
Interior's 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 and threaten 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.

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