99–010 

Calendar No. 132 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–52 

SALMON LAKE LAND SELECTION RESOLUTION ACT 

AUGUST 30 (legislative day, AUGUST 2), 2011.—Ordered to be printed 

Filed, under authority of the order of the Senate of August 2, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 292] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 292) to resolve the claims of the Bering Straits 

Native Corporation and 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: 

On page 2, strike lines 18 through 20 and insert ‘‘2007; and’’. 

PURPOSE

The purpose of S. 292 is to ratify an agreement among 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 time immemorial. 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). 


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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 14,645 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 on January 1, 2009. The term 

of the Agreement was extended by the parties until January 1, 

2011, and then again until January 1, 2013, unless legislation is 

enacted ratifying the terms of the Agreement or the parties agree 

to further extend the term of the Agreement. S. 292 would ratify 

the agreement, thereby enabling the parties to carry out its terms 

and finalize the conveyances in accordance with the agreement and 

the terms of the bill. 

LEGISLATIVE HISTORY

S. 292 was introduced by Senators Murkowski and Begich on 

February 4, 2011. The Subcommittee on Public Lands and Forests 

held a hearing on the bill on May 18, 2011 (S. Hrg. 112–39). At 

its business meeting on July 14, 2011, the Committee on Energy 

and Natural Resources ordered S. 292 favorably reported with an 

amendment. 

In the 111th Congress, similar bills were reported by the Committee (S. 522; S. Rept. 111–130) and passed by the House of Representatives (H.R. 2340, as amended, by a vote of 410–0 on July 

1, 2010), but the Senate took no further action on either bill. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 14, 2011, by a voice vote of a quorum present, 

recommends that the Senate pass S. 292, if amended as described 

herein. 

COMMITTEE AMENDMENT

During its consideration of S. 292, the Committee adopted a technical amendment that simplifies the description of Agreement. 


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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, subject to the provisions of 

the bill. 

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. 292—Salmon Lake Land Selection Resolution Act 

Summary: S. 292 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 increase direct spending; therefore, pay-as-you-go 

procedures apply. CB0 estimates, however, that such effects would 

be insignificant for each year over the 2012–2021 period. 

S. 292 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: 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, respectively. The federal government currently collects about $1,500 per year from a lease on the affected land. Thus, 

CBO estimates that conveying that land would reduce offsetting receipts (a credit against direct spending) by about $15,000 over the 

2012–2021 period. In addition, upon enactment of the bill, BLM 

would transfer 90 percent of all receipts collected over the life of 

the lease (about $20,000 to date) to the state of Alaska and would 

deposit the remaining 10 percent of those funds in the U.S. TreasVerDate Mar 15 2010 14:04 Aug 31, 2011 Jkt 099010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR052.XXX SR052

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ury. In total, CBO estimates that implementing the bill would increase direct spending by about $35,000 over the 2012–2021 period. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net budgetary changes that are subject to pay-as-you-go procedures are 

shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 292, THE SALMON LAKE LAND SELECTION 

RESOLUTION ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JUNE 16, 2010 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011– 

2016 

2011– 

2021 

NET INCREASE OR DECREASE (-) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 0 0 0 0 0 0 0 0 0 0 

Intergovernmental and private-sector impact: S. 292 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Martin von Gnechten; Impact on State, Local, and Tribal Governments: Melissa Merrell; Impact on the Private Sector: Amy Petz. 

Estimate 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. 292. 

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. 292, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 292, as ordered 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 May 18, 2011, hearing on S. 292 follows. 

STATEMENT OF MIKE POOL, DEPUTY DIRECTOR, BUREAU OF

LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to testify on S. 292, the 

Salmon Lake Land Selection Resolution Act. As a party to 

the Salmon Lake Area Land Ownership Consolidation 


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Agreement, the BLM has supported efforts between the 

State of Alaska and the Bering Straits Native Corporation 

(BSNC) to resolve competing land selections at Salmon 

Lake. As such, BLM supports S. 292, with one minor technical amendment, 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 the Interior, BLM), the BSNC, and the 

State of Alaska. The Agreement would have expired January 1, 2011, but its term was extended until January 1, 

2013 in anticipation of ratifying legislation. Accordingly, 

the Department recommends that Section 3(1)(b) of the bill 

be amended to reflect the extension of the Agreement to 

January 1, 2013. 

S. 292

S. 292 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 


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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. 

292. 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 the bill S. 292, as ordered reported. 

Æ 


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