[Senate Report 108-251]
[From the U.S. Government Publishing Office]
Calendar No. 468
108th Congress Report
SENATE
2d Session 108-251
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ALASKA NATIVE ALLOTMENT SUBDIVISION ACT
_______
March 29, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1421]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1421), to authorize the subdivision and
dedication of restricted land owned by Alaska natives, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Allotment Subdivision
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Restricted land.--The term ``restricted land'' means land
in the State that is subject to Federal restrictions against
alienation and taxation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Alaska.
SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED LAND.
(a) In General.--An Alaska Native owner of restricted land may,
subject to the approval of the Secretary--
(1) subdivide the restricted land in accordance with the laws
of the--
(A) State; or
(B) applicable local platting authority; and
(2) execute a certificate of ownership and dedication with
respect to the restricted land subdivided under paragraph (1)
with the same effect under State law as if the restricted land
subdivided and dedicated were held by unrestricted fee simple
title.
(b) Ratification of Prior Subdivisions and Dedications.--Any
subdivision or dedication of restricted land executed before the date
of enactment of this Act that has been approved by the Secretary and by
the relevant State or local platting authority, as appropriate, shall
be considered to be ratified and confirmed by Congress as of the date
on which the Secretary approved the subdivision or dedication.
SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED.
Except in a case in which a specific interest in restricted land is
dedicated under section 3(a)(2), nothing in this Act terminates,
diminishes, or otherwise affects the continued existence and
applicability of Federal restrictions against alienation and taxation
on restricted land or interests in restricted land (including
restricted land subdivided under section 3(a)(1)).
PURPOSE OF THE MEASURE
The purpose of S. 1421 is to authorize the subdivision and
dedication of restricted land owned by Alaska Natives, subject
to the approval of the Secretary of the Interior.
BACKGROUND AND NEED
S. 1421 will provide Native landowners the authority to
subdivide property they have received under the Native
Allotment Act of 1906. Individual Alaska Native landowners
cannot subdivide their native allotments to transfer it either
by gift or by sale. Native landowners also lack authority to
dedicate rights-of-way across their land for public access or
for utility purposes. The lack of explicit statutory
authorization calls into question the legal validity of lands
that have been subdivided in the past and lands that likely
could be subdivided in the future. S. 1421 will provide the
necessary authorization to Alaska Native landowners to dedicate
their land for public purposes, subject to the approval of the
Secretary of the Interior. S. 1421 allows Alaska Natives to own
lands with the same obligations and privileges of other private
landowners in Alaska, but creates no obligation of Alaska
Natives to do anything with their allotments unless they elect
to sell or dispose of their lands.
LEGISLATIVE HISTORY
S. 1421 was introduced by Senator Murkowski on July 16,
2003. The Subcommittee on Public Lands and Forests held a field
hearing in Anchorage, Alaska, on August 6, 2003. S. Hrg. 108-
163. The Subcommittee held a second hearing in Washington, D.C.
on February 12, 2004. At the business meeting on March 10,
2004, the Committee on Energy and Natural Resources ordered S.
1421 favorably reported, with an amendment in the nature of a
substitute.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 10, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1421, if amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 1421, the Committee adopted
an amendment in the nature of a substitute. The amendment
deleted the congressional findings section and simplified the
savings clause language in the bill. The amendment is described
in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the bill the ``Alaska Native Allotment
Subdivision Act''.
Section 2 provides definitions used in the bill.
Section 3 grants to Alaska Native landowners the ability to
subdivide and dedicate restricted land in accordance with State
and local law, subject to the approval of the Secretary of the
Interior. The section also ratifies subdivisions and
dedications executed prior to the date of enactment.
Section 4 clarifies that nothing in this Act terminates,
diminishes or otherwise affects Federal restrictions or
alienation and taxation on restricted lands not dedicated by
this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1421--Alaska Native Allotment Subdivision Act
S. 1421 would allow Alaska Natives, subject to approval by
the Secretary of the Interior, to legally subdivide certain
parcels of land that have been allotted to them by the federal
government. Under current law, federal restrictions against
alienation and taxation prohibit individuals from subdividing
those lands in accordance with state and local law.
Based on information from the Department of the Interior,
CBO estimates that S. 1421 would have no significant impact on
the federal budget. The bill would not affect revenues. S. 1421
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1421. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1421.
EXECUTIVE COMMUNICATIONS
On February 12, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget. These
reports had not been received at the time this report was
filed. The testimony provided by the Bureau of Land Management
at the Subcommittee hearing follows:
Statement of Kathleen Clarke, Director, Bureau of Land Management,
Department of the Interior
Mr. Chairman and Members of the Committee, I am Kathleen
Clarke, Director of the Bureau of Land Management, Department
of the Interior. I appreciate the opportunity to appear before
you today to present the Department's views on S. 1421, the
Alaska Native Allotment subdivision Act. The Department
supports the intent of this bill. We would like to work with
Committee to make certain technical amendments designed to
clarify and strengthen the bill.
background
The purpose of the Federal statutory restrictions placed on
Alaska Native allotments and restricted Native townsite lots is
to protect Alaska Native owners against loss of their State and
local governments, the Bureau of Indian Affairs, realty service
providers under the Indian Self-Determination Act, and the
general public. All of these entities have in the past relied
upon the legal validity of dedications to the public which
appeared on the face of existing plats.
Enactment of S. 1421 would remove an obstacle to pending
lot sales and re-sales in existing subdivisions. It would pave
the way for other Native owners of restricted lands to create
new subdivisions in compliance with State or local platting
requirements without forcing them to choose between the
financial benefits of compliance with State law and the
retention of protections against taxation and creditor's claims
inherent in the restricted status of their lands. This feature
is clarified by Section 5(b) of S. 1421, which provides that
Federal restrictions against taxation and alienation are only
lost by compliance with State or local platting requirements as
to those specific interests expressly dedicated in the
Certificate of Ownership and Dedication.
The Department recommends amending Section 4(a)(1) of the
bill to read, ``subdivide the restricted land for rights-of-way
for public access, easements for utility installation, use and
maintenance and for other public purposes, in accordance with
the laws of the--'' to make this section consistent with the
findings in Section 2(a)(b)(c) of the bill. Additionally, the
Department recommends adding a new section to the bill
authorizing the promulgation of regulations to clarify how S.
1421 would be implemented.
conclusion
In closing, I would like to thank the Committee for its
continuing commitment to address these complex issues, and
reiterate the Department's support for the intent of this bill.
If enacted with certain technical changes, S. 1421 will allow
Native Alaskans to subdivide their restricted allotment lands
with the approval of the Secretary. We look forward to working
with the Committee on technical amendments to this bill. I will
be happy to answer any questions you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1421 as ordered
reported.