[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[House]
[Pages 9010-9011]
[From the U.S. Government Publishing Office, www.gpo.gov]




         COPPER VALLEY NATIVE ALLOTMENT RESOLUTION ACT OF 2007

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 865) to grant rights-of-way for electric transmission lines 
over certain Native allotments in the State of Alaska, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 865

       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 ``Copper Valley Native 
     Allotment Resolution Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Association.--The term ``Association'' means the Copper 
     Valley Electric Association.
       (2) Native allotment.--
       (A) In general.--The term ``Native allotment'' means--
       (i) each of the following allotments issued under the Act 
     of May 17, 1906 (34 Stat. 197, chapter 2469):

       (I) A-031653.
       (II) A-043380.
       (III) A-046337.
       (IV) AA-5896.
       (V) AA-6014, Parcel B.
       (VI) AA-6034.
       (VII) AA-7059.
       (VIII) AA-7242, Parcel B.
       (IX) AA-7336.
       (X) AA-7552.

[[Page 9011]]

       (XI) AA-7553.
       (XII) AA-7554.
       (XIII) AA-7600.
       (XIV) AA-8032; and

       (ii) any allotment for which a patent or Certificate of 
     Allotment has been issued under the Act of May 17, 1906 (34 
     Stat. 197, chapter 2469) across which the Association 
     maintains an electric transmission line on the date of 
     enactment of this Act.
       (B) Exclusions.--The term ``Native allotment'' does not 
     include any allotment to which the Secretary has approved the 
     grant of a right of way or issued a patent or Certificate of 
     Allotment that is subject to a right of way held by the 
     Association.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Alaska.

     SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY.

       (a) In General.--There is granted to the Association 
     rights-of-way across the Native allotments for an electric 
     transmission line owned by the Association.
       (b) Width.--After considering any information provided by 
     the Association, allottee, or any other source that the 
     Secretary determines to be relevant, the Secretary shall 
     determine an accurate legal description of the rights-of-way, 
     the nature of the rights granted, and the widths of the 
     rights-of-way granted by subsection (a).
       (c) Certain Agreements.--Notwithstanding any other 
     provision of this Act, this Act does not apply to land owned 
     by Ahtna, Inc. and any prior or current right-of-way 
     agreements that may exist between Ahtna, Inc. and the Copper 
     Valley Electric Association or the State.
       (d) Compensation.--
       (1) In general.--The Secretary shall--
       (A) appraise the value of the rights-of-way granted under 
     subsection (a);
       (B) pay to any owner of a Native allotment or, if the owner 
     is deceased, an heir or assign of the owner, compensation for 
     the grant of a right-of-way over the Native allotment in an 
     amount determined under paragraph (2);
       (C) issue recordable instruments that indicate the location 
     of the rights-of-way over the Native allotments;
       (D) provide written notice of the compensation procedure 
     for the rights-of-way to--
       (i) the owner of record for each Native allotment; or
       (ii) if the owner of record is deceased, the heir or assign 
     of the owner of record; and
       (E) publish in the Federal Register and any newspaper of 
     general circulation within the service area of the 
     Association and location of the relevant allotment--
       (i) notice of the compensation procedure established by 
     this subsection; and
       (ii) with respect to a Native allotment described in 
     section 2(2)(A)(ii), the location of the right-of-way, as 
     prepared by the Association and provided to the Secretary, in 
     accordance with any requirements established by the 
     Secretary.
       (2) Calculation of payments.--
       (A) In general.--For purposes of calculating the amount of 
     compensation required under paragraph (1)(B), the Secretary 
     shall determine, with respect to a portion of a Native 
     allotment encumbered by a right-of-way--
       (i) compensation for each right-of-way based on an 
     appraisal conducted in conformity with the version of the 
     Uniform Appraisal Standards for Federal Land Acquisitions 
     that is correct as of the date of the compensation 
     proceeding; and
       (ii) interest calculated based on the section 3116 of title 
     40, United States Code.
       (B) Date of valuation.--For purposes of subparagraph (A), 
     the date of valuation of the acquisition by the Association 
     of each right-of-way shall be considered to be the date of 
     enactment of this Act.
       (3) Judicial review.--Notwithstanding any other provision 
     of law, judicial review under this subsection shall be 
     limited to a review of the determination of the Secretary 
     under paragraph (2) regarding the compensation for a right-
     of-way over a Native allotment.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from New Mexico (Mr. Pearce) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend and include extraneous 
material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 865, introduced by the gentleman from Alaska, Representative Don 
Young, would resolve a long-standing conflict between Alaska Native 
land titles and utility rights-of-way in Alaska. This legislation is in 
response to a September 2004 GAO report entitled, ``Alaska Native 
Allotments: Conflicts With Utility Rights-of-Way Have Not Been Resolved 
Through Existing Remedies.''
  Although the Copper Valley Electric Association, a rural non-profit 
electrical cooperative, holds rights-of-way granted in the 1950s and 
1960s, and built electric lines prior to the filing of the Alaska 
Native allotment claims, there is a conflict with land titles 
subsequently issued under the Alaska Native Allotment Act. In essence, 
H.R. 865 resolves that conflict by ratifying the existing rights-of-way 
across 14 specified Native allotments and providing for fair market 
value compensation for the landowners. As amended, the bill provides 
that the compensation, which is estimated by CBO to be no more than 
$150,000, is subject to appropriations. We have no objection to H.R. 
865.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PEARCE. Mr. Speaker, I rise in support of H.R. 865. The majority, 
Mr. Grijalva, has adequately explained this bill. I thank him for his 
consideration on behalf of the author, Don Young.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 865, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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