[Senate Report 111-130]
[From the U.S. Government Publishing Office]
Calendar No. 280
111th Congress Report
SENATE
2d Session 111-130
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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.