[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Pages 19968-19969]
[From the U.S. Government Publishing Office, www.gpo.gov]




  STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS--JULY 25, 2003

      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, I am pleased to be joined by my 
colleague, Senator Ted Stevens, in introducing this very important 
legislation.
  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 claim 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 the 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 boundaries.
  This legislation will accelerate release of lands for conveyance to 
Native corporations and the State of Alaska. It will complete land 
patterns to allow land owners to more efficiently manager 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,

[[Page 19969]]

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 2500 parcels pending title to Native 
individuals out of 16000 parcels. Almost 14000 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 the 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 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 or 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. In 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 to 
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.
  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 
Claim Settlement Act. The Board consisted of four judges, and was able 
to decide a case within three to six 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 three to five 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 twenty 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 three to six 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.

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