[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.




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