59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–91 

COPPER VALLEY NATIVE ALLOTMENT RESOLUTION ACT 

OF 2007 

APRIL 17, 2007.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 865] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 865) to grant rights-of-way for electric transmission lines 

over certain Native allotments in the State of Alaska, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 865 is to grant rights of way for electric 

transmission lines over certain Native allotments in the State of 

Alaska. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 865 seeks to resolve a conflict in 14 cases between land titles issued under the Alaska Native Allotment Act of 1906 and 

rights-of-way granted by the Department of the Interior to the Copper Valley Electric Association, a rural non-profit electrical cooperative that provides electricity to about 4,000 members in Alaska’s 

Valdez and Copper River Basin areas. Extensive background on the 

subject may be found in the U.S. Government Accountability Office 

report: ‘‘Alaska Native Allotments: Conflicts with Utility Rights-ofway Have Not Been Resolved through Existing Remedies’’ (GAO– 

04–923, September 7, 2004). 

Under the Alaska Native Allotment Act of 1906, the Secretary of 

the Interior was authorized to grant individual Alaska Natives a 


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homestead of up to 160 acres of land. The Alaska Native Allotment 

Act was repealed by the Alaska Native Claims Settlement Act 

(Pub. L. 92–203) in 1971, and many allotment applications were 

filed shortly prior to the repeal. In 1980, Congress legislatively approved, subject to valid existing rights, pending Native Allotment 

claims in the Alaska National Interest Lands Conservation Act 

(Pub. L. 96–487). 

Although Copper Valley Electric Association holds right-of-ways 

granted in the 1950’s and 1960’s, and built electric lines prior to 

the filing of Alaska Native Allotment claims, the Interior Board of 

Land Appeals determined in 1987 that the Alaska Native allotees 

have priority under the ‘‘relation back doctrine.’’ Since then, efforts 

to resolve the conflicts between the federal laws have been largely 

unsuccessful. 

H.R. 865 ratifies existing rights-of-way across the 14 specified 

Native Allotments for electric transmission lines owned by the Copper Valley Electric Association. H.R. 865 also requires the Secretary of the Interior to appraise the fair market value of the 

rights-of-way and provides that compensation will be paid to the 

owners of the Native Allotments from the Treasury’s permanent 

Judgment Fund (31 U.S.C. Section 1304). 

COMMITTEE ACTION

H.R. 865 was introduced on February 6, 2007 by Representative 

Don Young (R–Alaska). The bill was referred to the Committee on 

Natural Resources. In the 109th Congress, the Committee held a 

hearing on a similar bill, H.R. 5781, on September 13, 2006. 

On March 7, 2007, the full Committee on Natural Resources met 

to consider H.R. 865. The bill was ordered favorably reported to the 

House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 entitles the bill the ‘‘Copper Valley Native Allotment 

Resolution Act of 2007.’’

Section 2. Definitions 

Section 2 defines the terms used in the Act. 

Section 3. Electrical transmission line rights-of-way 

Section 3(a) grants rights-of-way across the Native allotments for 

an electrical transmission line owned by the Copper Valley Electric 

Association. Section 3(b) requires that the Secretary of the Interior 

shall determine an accurate legal description of the rights-of-way, 

the nature of the rights granted, and the widths of the right-ofway. Subsection 3(c) clarifies that the Act does not apply to land 

owned by Ahtna, Inc. Section 3(d)(1) and (2) establishes a procedure for the Secretary to appraise the rights-of-way, provide notice, 

calculate payments and compensate Native allotment owners. Section 3(d)(3) provides that compensation to the Native allotment 

owners shall be paid from the permanent judgment appropriation 

under 31 U.S.C. Section 1304. Section 3(d)(4) limits judicial review 

to the determination of the Secretary regarding compensation. 


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Section 4. Authorization of appropriations 

Section 4 authorizes such sums as may be necessary to carry out 

this Act. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATION

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, credit authority, or an increase 

or decrease in revenues or tax expenditures. According to the Congressional Budget Office, compensation paid to Native allotment 

holders from the Treasury’s permanent Judgment Fund pursuant 

to H.R. 865 would result in an increase in direct spending of as 

much as $150,000. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to grant rights-of-way for electric transmission lines 

over certain Native allotments in the State of Alaska. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 865—Copper Valley Native Allotment Resolution Act of 2007 

H.R. 865 would grant rights-of-way to the Copper Valley Electric 

association across certain Alaskan Native allotments for electric 

transmission lines owned by the association. The Secretary of the 

Interior would be required to appraise the allotments for fair market value, and would compensate the landholders. 

Based on information from the Department of the Interior, CBO 

estimates that implementing H.R. 865 would not have a significant 

effect on the federal budget. We estimate that granting rights-ofway would increase the Bureau of Land Management’s administrative costs to prepare assessments of the value of the rights-of-way 

by less than $500,000, assuming the availability of appropriated 


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funds. Compensation paid to allotment holders would be paid from 

the Treasury’s permanent Judgment Fund, and would be consid- ered an increase in direct spending of as much as $150,000, CBO 

estimates. Enacting H.R. 865 would not affect revenues. 

H.R. 865 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

H.R. 865 would impose a private-sector mandate as defined in 

UMRA on certain owners of Native allotments in Alaska. It would 

grant the Copper Valley Electric Association rights-of-way across 

14 allotments. Based on information from government sources, 

CBO estimates the direct cost of complying with that mandate 

would be minimal compared to the annual threshold for privatesector mandates established in UMRA ($131 million in 2007, adjusted annually for inflation). 

The staff contact for this estimate is Tyler Kruzich. This estimate 

was approved by Peter H. Fontaine, Deputy Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 865 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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