    [Senate Report 111-130]
    [From the U.S. Government Publishing Office]

                                                           Calendar No. 280
    111th Congress                                                   Report
                                     SENATE
     2d Session                                                     111-130

    ======================================================================

                   SALMON LAKE LAND SELECTION RESOLUTION ACT

                                    _______

                     March 2, 2010.--Ordered to be printed

                                    _______

       Mr. Bingaman, from the Committee on Energy and Natural Resources,
                            submitted the following

                                  R E P O R T

                             [To accompany S. 522]

        The Committee on Energy and Natural Resources, to which was
    referred the bill (S. 522) to resolve the claims of the Bering
    Straits Native Corporation and the State of Alaska to land
    adjacent to Salmon Lake in the State of Alaska and to provide
    for the conveyance to the Bering Straits Native Corporation of
    certain other public land in partial satisfaction of the land
    entitlement of the Corporation under the Alaska Native Claims
    Settlement Act, 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 all after the enacting clause and insert the
    following:

    SECTION 1. SHORT TITLE.

      This Act may be cited as the ``Salmon Lake Land Selection Resolution
    Act''.

    SEC. 2. PURPOSE.

      The purpose of this Act is to ratify the Salmon Lake Area Land
    Ownership Consolidation Agreement entered into by the United States,
    the State of Alaska, and the Bering Straits Native Corporation.

    SEC. 3. DEFINITIONS.

      In this Act:
              (1) Agreement.--The term ``Agreement'' means the document
            between the United States, the State, and the Bering Straits
            Native Corporation that--
                      (A) is entitled the ``Salmon Lake Area Land Ownership
                    Consolidation Agreement'';
                      (B) had an initial effective date of July 18, 2007,
                    which was extended until January 1, 2011 by agreement
                    of the parties to the Agreement effective January 1,
                    2009; and
                      (C) is on file with Department of the Interior, the
                    Committee on Energy and Natural Resources of the
                    Senate, and the Committee on Natural Resources of the
                    House of Representatives.
              (2) Bering straits native corporation.--The term ``Bering
            Straits Native Corporation'' means an Alaskan Native Regional
            Corporation formed under the Alaska Native Claims Settlement
            Act (43 U.S.C. 1601 et seq.) for the Bering Straits region of
            the State.
              (3) Secretary.--The term ``Secretary'' means the Secretary of
            the Interior.
              (4) State.--The term ``State'' means the State of Alaska.

    SEC. 4. RATIFICATION AND IMPLEMENTATION OF AGREEMENT.

      (a) In General.--Subject to the provisions of this Act, Congress
    ratifies the Agreement.
      (b) Easements.--The conveyance of land to the Bering Straits Native
    Corporation, as specified in the Agreement, shall include the
    reservation of the easements that--
              (1) are identified in Appendix E to the Agreement; and
              (2) were developed by the parties to the Agreement in
            accordance with section 17(b) of the Alaska Native Claims
            Settlement Act (43 U.S.C. 1616(b)).
      (c) Corrections.--Beginning on the date of enactment of this Act, the
    Secretary, with the consent of the other parties to the Agreement, may
    only make typographical or clerical corrections to the Agreement and
    any exhibits to the Agreement.
      (d) Authorization.--The Secretary shall carry out all actions
    required by the Agreement.

                                    PURPOSE

        The purpose of S. 522 is to ratify an agreement entered
    into by the Secretary of the Interior, the State of Alaska, and
    the Bering Straits Native Corporation to resolve certain land
    selections under the Alaska Native Claims Settlement Act and
    the Alaska Statehood Act.

                              BACKGROUND AND NEED

        Salmon Lake is one of the largest bodies of fresh water on
    the Seward Peninsula and has been an important source of food
    and resources for Native Alaskans since ancient times. The lake
    is located approximately 40 miles northeast of Nome and is a
    popular recreation destination with campgrounds and other lands
    that are managed by the Bureau of Land Management (BLM).
        The Alaska Native Claims Settlement Act (ANCSA) created
    Regional Native Corporations with the right to select certain
    Federal land as part of a settlement of aboriginal land claims
    in Alaska. The Bering Straits Native Corporation (BSNC)
    exercised its rights under ANCSA by selecting land around
    Salmon Lake. The State of Alaska also selected some of the same
    land under the Alaska Statehood Act, which granted the State
    the opportunity to select certain Federal land in Alaska for
    the benefit of the State.
        To resolve the conflicting claims and avoid further
    administrative and legal challenges, the State, BSNC and the
    BLM entered into negotiations and subsequently signed the
    ``Salmon Lake Area Land Ownership Consolidation Agreement'' in
    2007. Both the State and BSNC relinquished certain claims in
    order to settle the dispute. The Agreement provides for the
    conveyance of approximately 3,084 acres of land in the Salmon
    Lake area to the State and approximately 14,644 acres of land
    in the Salmon Lake, Imuruk Basin, and Windy Cove areas to BSNC.
    The BLM would maintain ownership of a nine acre campground with
    access to other important Federal lands nearby and retain a
    number of public access easements and other appropriate
    reservations.
        The initial effective date of the negotiated agreement was
    July 18, 2007, and it was set to expire by its own terms on
    January 1, 2009. The term of the Agreement was extended until
    January 1, 2011, unless legislation is enacted ratifying the
    terms of the Agreement or the parties agree to further extend
    the term of the Agreement.

                              LEGISLATIVE HISTORY

        S. 522 was introduced by Senators Murkowski and Begich on
    March 4, 2009. The Subcommittee on Public Lands and Forests
    held a hearing on the bill on October 8, 2009. At its business
    meeting on December 16, 2009, the Committee on Energy and
    Natural Resources ordered S. 522 favorably reported with an
    amendment in the nature of a substitute.

                            COMMITTEE RECOMMENDATION

        The Committee on Energy and Natural Resources, in open
    business session on December 16, 2009, by a voice vote of a
    quorum present, recommends that the Senate pass S. 522, if
    amended as described herein.

                              COMMITTEE AMENDMENT

        During its consideration of S. 522, the Committee adopted
    an amendment in the nature of a substitute. The amendment
    clarifies and adds a number of definitions to the bill,
    includes specific direction on the reservation of easements by
    the United States, and limits future modifications to the
    Agreement. The amendment is explained in detail in the section-
    by-section analysis below.

                          SECTION-BY-SECTION ANALYSIS

        Sections 1, 2, and 3 provide the short title, purpose, and
    definitions for the bill.
        Section 4(a) ratifies the Agreement.
        Subsection (b) requires the conveyance of land to BSNC to
    be subject to the reservation of certain easements specified in
    the Agreement. Paragraph 4.b.(3)(B) of the Agreement provides
    that the conveyances to the State shall be ``subject to
    appropriate reservations, exceptions, exclusions, and
    limitations.'' Paragraph 4.b.(3)(C) of the Agreement has
    identical language in relation to the conveyances to BSNC, but
    it also provides for the reservation of specific easements
    (identified in Appendix E to the Agreement), which ``shall be
    reserved pursuant to the legislation ratifying this
    Agreement.'' Subsection (b) specifically provides for those
    easements to be reserved pursuant to terms of the bill, while
    at the same time clarifying that the easements are
    substantively the same as easements reserved pursuant to
    section 17(b) of ANCSA.
        Subsection (c) limits modifications to the Agreement after
    the date of enactment of the bill to typographical and clerical
    corrections.
        Subsection (d) directs the Secretary of the Interior to
    carry out all actions required by the Agreement.

                       COST AND BUDGETARY CONSIDERATIONS

        The following estimate of costs of this measure has been
    provided by the Congressional Budget Office:

    S. 522--Salmon Lake Land Selection Resolution Act

        S. 522 would ratify an agreement settling a land dispute
    between the state of Alaska and the Bering Straits Native
    Corporation (a native-owned regional corporation established to
    administer land given to Alaska Natives under the Alaska Native
    Claims Settlement Act). Based on information from the Bureau of
    Land Management (BLM), CBO expects that implementing the
    legislation would have a negligible impact on the federal
    budget.
        Under the bill, the federal government would convey about
    18,000 acres of land located in western Alaska to the Bering
    Straits Native Corporation and the state of Alaska to satisfy
    claims made by those parties under the Alaska Native Claims
    Settlement Act and the Alaska Statehood Act. The federal
    government currently collects about $1,500 per year from a
    lease on the affected land. Based on information from BLM, CBO
    estimates that implementing the bill would reduce federal
    receipts by less than $20,000 over the 2010-2020 period.
        S. 522 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 Jeff LaFave. The
    estimate was approved by Theresa Gullo, 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. 522.
        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. 522, as ordered reported.

                       CONGRESSIONALLY DIRECTED SPENDING

        S. 522, as reported, does not contain any congressionally
    directed spending items, limited tax benefits, or limited
    tariff benefits as defined in rule XLIV of the Standing Rules
    of the Senate.

                            EXECUTIVE COMMUNICATIONS

        The testimony provided by the Bureau of Land Management at
    the subcommittee hearing on S. 522 on October 8, 2009 follows:

       Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land
                       Management, Department of Interior

        Thank you for the opportunity to testify on S. 522, the
    Salmon Lake Land Selection Resolution Act. As a party to the
    Salmon Lake Area Land Ownership Consolidation Agreement, the
    Bureau of Land Management (BLM) has supported efforts between
    the State of Alaska and the Bering Straits Native Corporation
    (BSNC) to resolve overlapping land selections at Salmon Lake.
    As such, the BLM supports S. 522 because it will ratify the
    agreement between the BLM, BSNC, and the State of Alaska, and
    allow for a reasonable and practicable conveyance of lands in
    the Salmon Lake area.

                                   background

        Salmon Lake is located on the Seward Peninsula,
    approximately 40 miles northeast of Nome. The lake is one of
    the largest bodies of fresh water on the peninsula, and has
    long been an important source of food and resources for the
    Native people. Because the area contains significant fisheries
    and other subsistence resources, it remains a popular resource
    and destination for local communities.
        The BLM is responsible for expediting the conveyance of
    Federal lands to Native corporations, including the BSNC, under
    the Alaska Native Claims Settlement Act (ANCSA), and to the
    State of Alaska under the Alaska Statehood Act of 1958.
        The BSNC, the Native regional corporation for the Bering
    Straits area, and the State of Alaska each sought to gain title
    to the Salmon Lake area through selection applications filed
    under respective provisions of ANCSA and the Alaska Statehood
    Act. However, the land addressed by the two applications
    overlapped. The BSNC and the State negotiated a resolution to
    this issue whereby each entity would receive title to distinct
    lands. The BLM supported this resolution, and the three parties
    signed the Salmon Lake Area Land Ownership Consolidation
    Agreement on July 18, 2007. Legislation is now required to
    ratify the Agreement between the United States (acting through
    the Department of Interior, BLM), the BSNC, and the State of
    Alaska. The Agreement would have expired on January 1, 2009,
    but its term was extended to January 1, 2011 in anticipation of
    ratifying legislation.

                                     s. 522

        S. 522 represents an opportunity to resolve the overlapping
    land selections between the BSNC and the State. The bill would
    ratify the Agreement between the BLM, the BSNC, and the State,
    and allow for finalization of land conveyances in the Salmon
    Lake area. The lands would be transferred in accordance with
    the terms of the signed Agreement.
        As noted, the BLM supported the efforts between the BSNC
    and State, and signed the Agreement to recognize the desires of
    the entities. The bill would also further the intent of the
    Alaska Land Transfer Acceleration Act of 2004 (PL 108-452),
    expediting the transfer of title to federal lands to Native
    corporations and the State of Alaska.

                                   conclusion

        Thank you for the opportunity to testify in support of S.
    522. I am happy to answer any questions.

                            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 S. 522, as ordered
    reported.