19–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–745

ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION 

PROJECT ACT

OCTOBER 11, 2002.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 4734] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 4734) to expand Alaska Native contracting of Federal land 

management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, 

and for other purposes, having considered the same, report favorably thereon with an amendment and recommend 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 ‘‘Alaska Federal Lands Management Demonstration 

Project Act’’. 

SEC. 2. FINDINGS. 

(a) FINDINGS.—Congress finds the following: 

(1) The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et 

seq.) established new and expanded units of the National Park System and the 

National Wildlife Refuge System in many areas of Alaska. The purposes of 

these conservation system units include protection of habitat for fish and wildlife, conservation of fish and wildlife populations, continued opportunity for subsistence uses by local residents, and protection of archeological sites associated 

with Alaska Native cultures. 

(2) Many rural Alaskan communities are in close proximity to conservation 

system units and the purposes of these conservation system units are uniquely 

relevant to the culture and ways of Alaska Natives and other residents of rural 

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Alaska communities. Congress recognized this close relationship in sections 

1306, 1307, and 1308 of the Alaska National Interest Lands Conservation Act, 

which directed the Secretary of the Interior to establish programs whereby 

Alaska Native lands were given preference for the siting of conservation system 

unit facilities, Alaska Native corporations and local residents were given preference for the provision of visitor services, and local residents were given preference for employment. 

(b) PURPOSES.—The purposes of this Act are as follows: 

(1) To promote innovative management strategies that are designed to lead 

to greater efficiency in conservation system unit management. 

(2) To expand Alaska Native contracting opportunities. 

(3) To increase local employment in Alaska. 

(4) To further the unique purposes of conservation system units as they relate 

to subsistence practices, Alaska Native culture, and the conservation of fish and 

wildlife habitat and populations. 

SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. 

(a) IN GENERAL.—The Secretary shall carry out a program within the Department 

of the Interior to be known as the ‘‘Alaska Federal Lands Management Demonstration Project’’ by which 12 Indian tribes or tribal organizations may contract to perform construction, maintenance, data collection, biological research, and harvest 

monitoring on conservation system units in Alaska. 

(b) PARTICIPATION.—During each of the 2 fiscal years immediately following the 

date of the enactment of this Act, the Secretary shall select, in a manner to achieve 

geographic representation within Alaska, not less than 6 eligible Indian tribes or 

tribal organizations per year to participate in the demonstration project. 

(c) ELIGIBILITY.—To be eligible to participate in the demonstration project, an Indian tribe or tribal organization, shall—

(1) request participation by resolution or other official action of the governing 

body of the Indian tribe or tribal organization; 

(2) demonstrate financial and management stability and capability, as evidenced by the Indian tribe or tribal organization having no unresolved significant and material audit exceptions for the previous 3 fiscal years; and 

(3) demonstrate significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract. 

(d) PRIORITY.—If the Secretary receives a request to contract specific conservation 

system unit programs, services, functions, and activities, or portions thereof, from 

more than one Indian tribe or tribal organization meeting the criteria set forth in 

subsection (c), the Secretary shall apply the priority selection criteria applied by the 

Alaska Region of the Bureau of Indian Affairs for contracting pursuant to the Indian Self-Determination and Education Assistance Act. If, after applying such criteria, more than one eligible Indian tribe or tribal organization remains and such 

Indian tribes or tribal organizations have overlapping requests to negotiate and contract for the same programs, services, functions, and activities, or portions thereof, 

the Secretary may require such Indian tribes or tribal organizations to agree regarding which Indian tribe or tribal organization shall have the ability to contract or 

to submit a joint request prior to entering into negotiations. 

(e) PLANNING PHASE.—Each Indian tribe and tribal organization selected by the 

Secretary to participate in the demonstration project shall complete a planning 

phase prior to negotiating and entering into a conservation system unit management contract. The planning phase shall be conducted to the satisfaction of the Secretary, Indian tribe, or tribal organization, and shall include—

(1) legal and budgetary research; and 

(2) internal tribal planning and organizational preparation. 

(f) CONTRACTS.—

(1) IN GENERAL.—Upon request of a participating Indian tribe or tribal organization that has completed the planning phase pursuant to subsection (e), the 

Secretary shall negotiate and enter into a contract with the Indian tribe or tribal organization for the Indian tribe or tribal organization to plan, conduct, and 

administer programs, services, functions, and activities, or portions thereof, as 

described in subsection (a), requested by the Indian tribe or tribal organization 

and related to the administration of a conservation system unit that is substantially located within the geographic region of the Indian tribe or tribal organization. 

(2) TIME LIMITATION FOR NEGOTIATION OF CONTRACTS.—Not later than 90 days 

after a participating Indian tribe or tribal organization has notified the Secretary that it has completed the planning phase required by subsection (e), the 

Secretary shall initiate and conclude negotiations, unless an alternative negotiaVerDate 0ct 02 2002 18:38 Oct 15, 2002 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR745.XXX HR745
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tion and implementation schedule is otherwise agreed to by the parties. The 

declination and appeals provisions of the Indian Self-Determination and Education Assistance Act, including section 110 of such Act, shall apply to contracts 

and agreements requested and negotiated under this Act. 

(g) CONTRACT ADMINISTRATION.— (1) INCLUSION OF CERTAIN TERMS.—At the request of the contracting Indian 

tribe or tribal organization, the benefits, privileges, terms, and conditions of 

agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act may be included in a contract entered 

into under this Act. If any provisions of the Indian Self-Determination and Education Assistance Act are incorporated, they shall have the same force and effect 

as if set out in full in this Act and shall apply notwithstanding any other provision of law. The parties may include such other terms and conditions as are mutually agreed to and not otherwise contrary to law. 

(2) AUDIT.—Contracts entered into under this Act shall provide for a singleagency audit report to be filed as required by chapter 75 of title 31, United 

States Code. 

(3) TRANSFER OF EMPLOYEES.—Any career Federal employee employed at the 

time of the transfer of an operation or program to an Indian tribe or tribal organization shall not be separated from Federal service by reason of such transfer. 

Intergovernmental personnel actions may be used to transfer supervision of 

such employees to the contracting Indian tribe or tribal organization. Such 

transferred employees shall be given priority placement for any available position within their respective agency, notwithstanding any priority reemployment 

lists, directives, rules, regulations, or other orders from the Department of the 

Interior, the Office of Management and Budget, or other Federal agencies. 

(h) AVAILABLE FUNDING; PAYMENT.—Under the terms of a contract negotiated 

pursuant to subsection (f), the Secretary shall provide each Indian tribe or tribal 

organization funds in an amount not less than the Secretary would have otherwise 

provided for the operation of the requested programs, services, functions, and activities. Contracts entered into under this Act shall provide for advance payments to 

the tribal organizations in the form of annual or semiannual installments. 

(i) TIMING; CONTRACT AUTHORIZATION PERIOD.—An Indian tribe or tribal organization selected to participate in the demonstration project shall complete the planning phase required by subsection (e) not later than 1 calendar year after the date 

that it was selected for participation and may begin implementation of its requested 

contract no later than the first day of the next fiscal year. The Indian tribe or tribal 

organization and the Secretary may agree to an alternate implementation schedule. 

Contracts entered into pursuant to this Act are authorized to remain in effect for 

5 consecutive fiscal years, starting from the fiscal year the participating Indian tribe 

or tribal organization first entered into its contract under this Act. 

(j) REPORT.—Not later than 90 days after the close of each of fiscal years 2003 

and 2006, the Secretary shall present to the Congress detailed reports, including a 

narrative, findings, and conclusions on the costs and benefits of this demonstration 

project. The reports shall identify remaining institutional and legal barriers to the 

contracting of conservation system unit management to Alaska Native entities and 

shall contain recommendations for improving, continuing, and expanding the demonstration project. The reports shall be authored jointly with, and shall include the 

separate views of, all participating Indian tribes and tribal organizations. 

(k) LIMITATIONS.—

(1) REVENUE PRODUCING VISITOR SERVICES.—Contracts authorized under this 

Act shall not include revenue-producing visitor services, unless an agreement is 

reached with the most directly affected Alaska Native corporations to allow 

such services to be included in the contract. Such contracts shall not otherwise 

repeal, alter, or otherwise modify section 1307 or 1308 of the Alaska National 

Interests Lands Conservation Act. 

(2) CONTRACTS.—Contracts authorized under this Act shall not grant or include any authority to administer or otherwise manage or oversee permits, licenses, or contracts related to sport hunting and fishing guiding activities. 

(3) DENALI NATIONAL PARK.—The Denali National Park shall not be subject 

to any of the provisions of this Act. 

(4) STATE’S MANAGEMENT AUTHORITY FOR FISH AND WILDLIFE.—Nothing in this 

Act is intended to enlarge or diminish the responsibility and authority of the 

State of Alaska for management of fish and wildlife. 

(l) PLANNING GRANTS.—

(1) IN GENERAL.—Subject to the availability of appropriated funds, upon application the Secretary shall award a planning grant in the amount of $100,000 

to any Indian tribe or tribal organization selected for participation in the demonstration project to enable it to plan for the contracting of programs, functions, 

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services, and activities as authorized under this Act and meet the planning 

phase requirement of subsection (e). An Indian tribe or tribal organization may 

chose to meet the planning phase requirement without applying for a grant 

under this subsection. No Indian tribe or tribal organization may receive more 

than 1 grant under this subsection. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $600,000 for each of the 2 fiscal years immediately following the date 

of the enactment of this Act to fund planning grants under this section. 

SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION PROJECT. 

(a) IN GENERAL.—The Secretary shall enter into contracts, compacts, or funding 

agreements under the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.) with the Koyukuk River Basin Moose Co-Management Team, 

Inc., upon receipt of authorizing resolutions from its member tribal or village councils, to establish a demonstration project providing programs, functions, services, 

and activities of the Koyukuk and Kanuti National Wildlife Refuges. 

(b) ASSIGNMENT OF EMPLOYEES.—To the maximum extent possible, contracts and 

compacts under subsection (a) shall provide that the United States Fish and Wildlife 

Service shall assign employees assigned to the Koyukuk and Kanuti National Wildlife Refuges to the contractor pursuant to the Intergovernmental Personnel Act (5 

U.S.C. 3371 et seq.) with all such employees maintained as Federal employees retaining all benefits and status of Federal service. 

SEC. 5. DEFINITIONS. 

For the purposes of this Act: 

(1) CONSERVATION SYSTEM UNIT.—The term ‘‘conservation system unit’’ shall 

have the meaning given that term in section 102(4) of the Alaska National Interest Lands Conservation Act. 

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ shall have the meaning given that 

term in section 4(e) of the Indian Self-Determination and Education Assistance 

Act. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(4) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ shall have the 

meaning given that term in section 4(l) of the Indian Self-Determination and 

Education Assistance Act.

PURPOSE OF THE BILL

The purpose of H.R. 4734 is to expand Alaska Native contracting 

of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal government within 

the State of Alaska, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Alaska National Interest Lands Conservation Act (ANILCA) 

was enacted on December 2, 1980 as Public Law 96–487. Since 

then, Congress has passed several public laws that have amended 

ANILCA. Some of the major purposes of ANILCA are to create and 

expand federal conservation system units (CSU’s) in Alaska; provide for the maintenance of sound populations of, and habitat for, 

fish and wildlife; provide for the continued opportunity for subsistence uses by local Alaska Native residents; and protect archaeological sites associated with Alaska Native cultures. 

Many rural Alaska Native communities are located within close 

proximity of CSU’s that play an important role in the culture of 

Alaska Natives and other residents in rural Alaska. Congress, 

through sections 1306 and 1307 of ANILCA, directed the Secretary 

of the Interior to establish programs whereby Native lands were 

given preference for siting of CSU facilities, and gave Native Corporations a preference in providing certain visitor services on 

CSU’s. Through Section 1308, Congress recognized that the Natives 

whose front and back yards were now part of the federal parks, 

preserve, refuge, monument, and wilderness systems should be inVerDate 0ct 02 2002 18:38 Oct 15, 2002 Jkt 019006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR745.XXX HR745
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volved in the administering of the lands because of their special 

knowledge and expertise concerning the natural or cultural resources of such areas. 

Public Law 106–488 authorized two pilot projects in the Bering 

Straits and NANA Region in northwest Alaska. These include the 

following preserves: Bering Land Bridge National Preserve; Cape 

Krusenstern National Monument; Kobuk Valley National Park; 

and Noatak National Preserve. Neither of these projects have been 

implemented. 

Twenty-two years have passed since ANILCA was enacted, and 

Congress’ goals regarding contracting and Native-hiring remain 

unfulfilled by the Department of the Interior. H.R. 4734 would 

remedy this by directing the Department of the Interior to implement sections 1307 and 1308 of ANILCA and enter into demonstration projects with no less than six eligible Alaska Native tribes or 

tribal organizations in fiscal years 2003 and 2004. 

H.R. 4734 also authorizes the Secretary of the Interior to enter 

into a demonstration project with the Koyukuk River Basin Moose 

Co-Management Team, Inc. (Team) to assume operation of services, 

functions, and activities of the Koyukuk River National Wildlife 

Refuge and Kanuti National Wildlife Refuge. The contract would 

require the Team and the United States Fish and Wildlife Service 

to enter into Intergovernmental Personnel Act (IPA) transfer agreements to maintain the current refuge staff. All current staff would 

be maintained as federal employees, retaining all benefits and status of federal service. 

COMMITTEE ACTION

H.R. 4734 was introduced on May 14, 2002 by Congressman Don 

Young (R–AK). The bill was referred to the Committee on Resources. On June 5, 2002, the Committee held a hearing on the bill. 

On September 12, 2002, the Committee met to consider the legislation. Congressman Don Young offered an amendment in the nature 

of a substitute that deletes references to subsistence, spells out 

each of the contractible functions allowed in the bill, prohibits the 

Department of the Interior to contract out the management of permits, licenses or contracts that are related to sport hunting and 

fish guiding activities in the state of Alaska, and adds a new section 4 which clarifies that the bill would not enlarge or diminish 

the responsibility or the authority of the State of Alaska for the 

management of fish and wildlife on public lands. The amendment 

was adopted by voice vote. The bill, as amended, was then ordered 

favorably reported to the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

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. 

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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, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

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 expand Alaska Native contracting of Federal land 

management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, 

and for other purposes. 

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:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 4, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4734, the Alaska Federal 

Lands Management Demonstration Project Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Megan Carroll (for federal costs) and Marjorie Miller (for the state and local impact). 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

H.R. 4734—Alaska Federal Lands Management Demonstration 

Project Act 

CBO estimates that implementing H.R. 4734 would cost $1.2 million over the 2003–2004 period, assuming appropriation of the authorized amounts. The bill would not affect direct spending or revenues. 

H.R. 4734 would direct the Secretary of the Interior to establish 

a pilot program for Alaska Native tribes to apply for contracts to 

perform certain services on federal lands in Alaska. The bill would 

require tribes to complete certain planning requirements prior to 

entering into a contract with the Department of the Interior (DOI) 

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and would authorize the appropriation of $600,000 in each of years 

2003 and 2004 for the Secretary to make grants to help tribes meet 

those requirements. Assuming appropriation of the specified 

amounts, we estimate that the Secretary would spend $600,000 in 

each of those years for those grants. If the Secretary enters into a 

contract with a tribe to provide certain services, the bill would direct the Secretary to provide the tribe with funds at least equal to 

what the federal government would have otherwise spent for such 

services. Based on information from DOL, we estimate that any increase in federal spending for these activities, which would be subject to appropriation, would not be significant. 

H.R. 4734 also would direct the Secretary, subject to appropriation of the necessary funds, to enter into a contract with the 

Koyukuk River Basin Moose Co-Management Team, Inc., to authorize that organization to manage wildlife resources within the 

Koyukuk and Kanuti National Wildlife Refuges in Alaska. Based 

on information from a representative of that organization, CBO estimates that implementing this provision would not significantly 

affect federal spending for resource management. 

H.R. 4734 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. Any tribe 

choosing to enter into a contract authorized by this bill would do 

so voluntarily. 

The CBO staff for this estimate are Megan Carroll (for federal 

costs) and Marjorie Miller (for the state and local impact). 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. 

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. 

(8)

DISSENTING VIEWS OF REPRESENTATIVE GEORGE MILLER 

H.R. 4734 as introduced would mandate an unprecedented delegation of land management authorities for national parks and national wildlife refuges to private Alaska Native corporations and 

other entities. Contrary to existing laws, it removes the Secretary 

of the Interior’s discretion and even provides for the transfer of federal employees. The substitute, which was developed without consultation and not provided to Democratic Members prior to the 

markup is narrower in scope but remains flawed. 

H.R. 4734 has created an unusual alliance of opponents, including the Bush Administration, the Speaker of the House and the 

President of the Senate in the Alaska legislature, environmental 

groups and the AFL–CIO. 

As the Department of the Interior noted in a June 21, 2002 letter 

opposing H.R. 4734, its non-discretionary contracting provisions so 

beyond the Indian Self Determination and Education Assistance 

Act contracting rules which currently apply to Indian tribes and 

Alaska Natives:

Currently, Title I of the ISDEAA does not apply to units 

of the National Park System and the National Wildlife 

Refuge System as they are not ‘‘programs for the benefit 

of Indians because of their status as Indians.’’ Rather they 

are programs—conservation system units—established for 

the American people as a whole. * * * With parks and refuges, as opposed to programs for Indians, there are no 

issues of self-determination, and there is no basis for excepting the parks and refuges from the normal contracting 

rules.

While the stated goals of this legislation—to increase the ‘‘local 

hire’’ employment of Alaskans and enhance contracting opportunities between Native entities and the Department of the Interior—

are laudable, the means of effectuating those ends in the bill as reported are not. The case has not been to create new and non-discretionary contracting rules applicable only to national parks and national wildlife refuge management in Alaska. The Department has 

ample authority under current laws, including the Alaska National 

Interest Lands Conservation Act, to employ Alaskans and to contract with Native corporations and other entities. Rather than 

passing new and untested legislation, we should instead be encouraging the Bush Administration to use the authority they already 

possess to increase employment and contracting opportunities in a 

responsible manner.

GEORGE MILLER.

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