Alaska Native Allotments: Alternatives to Address Conflicts with
Utility Rights-of-way (13-SEP-06, GAO-06-1107T).
In 1906, the Alaska Native Allotment Act authorized the Secretary
of the Interior to allot individual Alaska Natives (Native) a
homestead of up to 160 acres. The validity of some of Copper
Valley Electric Association's (Copper Valley) rights-of-way
within Alaska Native allotments is the subject of ongoing
dispute; in some cases the allottees assert that Copper Valley's
electric lines trespass on their land. The Department of the
Interior's (Interior) Bureau of Land Management (BLM) and Bureau
of Indian Affairs (BIA) are responsible for granting
rights-of-way and handling disputes between allottees and holders
of rights-of-way. This testimony is based on GAO's report, Alaska
Native Allotments: Conflicts with Utility Rights-of-way Have Not
Been Resolved through Existing Remedies (GAO-04-923, September 7,
2004). Specifically GAO determined (1) the number of conflicts
between Native allotments and Copper Valley rights-of-way and the
factors that contributed to these conflicts, (2) the extent to
which existing remedies have been used to resolve these
conflicts, and (3) what legislative alternatives, if any, could
be considered to resolve these conflicts.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-06-1107T
ACCNO: A60832
TITLE: Alaska Native Allotments: Alternatives to Address
Conflicts with Utility Rights-of-way
DATE: 09/13/2006
SUBJECT: Claims settlement
Federal/state relations
Indian lands
Land management
Legal rights
Native American claims
Native American rights
Native Americans
Public lands
Alaska
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GAO-06-1107T
* Background
* Conflicts Exist in 14 Cases
* Exiting Remedies to Resolve Disputes Have Produced Limited R
* Legislative Alternatives to Resolve Conflicts between Native
* Contacts and Acknowledgments
* GAO's Mission
* Obtaining Copies of GAO Reports and Testimony
* Order by Mail or Phone
* To Report Fraud, Waste, and Abuse in Federal Programs
* Congressional Relations
* Public Affairs
United States Government Accountability Office
Testimony
GAO
Before the Committee on Resources, House of Representatives
For Release on Delivery Expected ALASKA NATIVE ALLOTMENTS
at 2:00 p.m. EDT Wednesday,
September 13, 2006
Alternatives to Address
Conflicts with Utility Rights-of-way
Statement of Robin M. Nazzaro, Director
Natural Resources and Environment
GAO-06-1107T
ALASKA NATIVE ALLOTMENTS
Alternatives to Address Conflicts with Utility Rights-of-way
What GAO Found
There are 14 cases where conflict exists regarding Copper Valley's
rights-of-way within Native allotments. These conflicts stem from three
principal sources. First, BLM and a BIA realty service provider have
applied the relation back doctrine to invalidate or question Copper
Valley's rights-of-way in cases where the Native allottee's use and
occupancy of the land predates the right-of-way. In these instances,
Copper Valley obtained rights-of-way and built electric lines before the
land was awarded as an allotment. Second, Interior does not recognize
rights-of-way granted by the State of Alaska to Copper Valley to install
electric lines within certain highway easements granted to the state by
the federal government. Interior's Alaska Office of the Solicitor has
taken the position that the federal government did not convey to the State
of Alaska the authority to grant rights-of-way for utilities within
certain highway easements. Third, Copper Valley constructed electric lines
even though they were never issued a right-of-way.
Few cases have been resolved using existing remedies. Copper Valley
currently has three remedies available to it to resolve conflicts. It
could (1) negotiate rights-of-way with Native allottees in conjunction
with BIA; (2) relocate its electric lines outside of the allotment; or (3)
exercise the power of eminent domain, also known as condemnation, to
acquire the land. Since the mid-1990s, Copper Valley has negotiated
rights-of-way for 3 Native allotments; however, it has not relocated any
of its electric lines and has been reluctant to exercise eminent domain to
resolve other conflicts. Copper Valley has stopped trying to resolve these
conflicts because it maintains that the existing remedies are too costly,
impractical, and/or potentially damaging to relationships with the
community. Copper Valley officials told GAO that they should not have to
bear the cost of resolving conflicts that they believe the federal
government caused by applying the relation back doctrine and by not
recognizing their state issued rights-of-way.
Copper Valley representatives, Alaska Native advocates, and GAO identified
four legislative alternatives that could be considered to resolve these
conflicts.
o Change Interior's application of the relation back doctrine to Alaska
Native allotments so that the date an allotment was filed, rather than
the date an allottee claimed initial use and occupancy of the land, is
used to determine the rights of allottees and holders of
rights-of-way.
o Allow the U.S. government to be sued with regard to Alaska Native
allotments so that legal challenges to the relation back doctrine and
other legal issues can be heard in federal court.
o Ratify the rights-of-way granted by the State of Alaska within
federally granted highway easements, to provide for a valid
right-of-way dating back to the time the state right-of-way was
granted.
o Establish a federal fund to pay for rights-of-way across Alaska Native
allotments.
United States Government Accountability Office
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