II 

109TH CONGRESS 

2D SESSION S. 3000 

To grant rights-of-way for electric transmission lines over certain Native 

allotments in the State of Alaska. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2006 

Mr. STEVENS (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To grant rights-of-way for electric transmission lines over 

certain Native allotments in the State of Alaska. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Copper Valley Native 

5 Allotment Resolution Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSOCIATION.—The term ‘‘Association’’ 

9 means the Copper Valley Electric Association. 

10 (2) NATIVE ALLOTMENT.— 


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1 (A) IN GENERAL.—The term ‘‘Native allot2 ment’’ means— 

3 (i) each of the following allotments 

4 issued under the Act of May 17, 1906 (34 

5 Stat. 197, chapter 2469)— 

6 (I) A–031653; 

7 (II) A–043380; 

8 (III) A–046337; 

9 (IV) AA–5896; 

10 (V) AA–6014, Parcel B; 

11 (VI) AA–6034; 

12 (VII) AA–7059; 

13 (VIII) AA–7242, Parcel B; 

14 (IX) AA–7336; 

15 (X) AA–7552; 

16 (XI) AA–7553; 

17 (XII) AA–7554; 

18 (XIII) AA–7600; 

19 (XIV) AA–8032; and 

20 (ii) any allotment for which a patent 

21 or Certificate of Allotment has been issued 

22 under the Act of May 17, 1906 (34 Stat. 

23 197, chapter 2469) across which the Asso24 ciation maintains an electric transmission 

25 line on the date of enactment of this Act. 


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1 (B) EXCLUSIONS.—The term ‘‘Native al2 lotment’’ does not include any allotment to 

3 which the Secretary has approved the grant of 

4 a right of way or issued a patent or Certificate 

5 of Allotment that is subject to a right of way 

6 held by the Association. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (4) STATE.—The term ‘‘State’’ means the State 

10 of Alaska. 

11 SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY. 

12 (a) IN GENERAL.—There is granted to the Associa13 tion rights-of-way across the Native allotments for an elec14 tric transmission line owned by the Association. 

15 (b) WIDTH.—After considering any information pro16 vided by the Association, allottee, or any other source that 

17 the Secretary determines to be relevant, the Secretary 

18 shall determine an accurate legal description of the rights19 of-way, the nature of the rights granted, and the widths 

20 of the rights-of-way granted by subsection (a). 

21 (c) RATIFICATION OF EXISTING RIGHTS-OF-WAYS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), any electric transmission right-of-way or 

24 conveyance within a federally granted highway easeVerDate Aug 31 2005 21:13 May 31, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3000.IS S3000

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1 ment granted by the State to the Association before 

2 the date of enactment of this Act is ratified. 

3 (2) CERTAIN AGREEMENTS.—Notwithstanding 

4 any other provision of this Act, this Act does not 

5 apply to land owned by Ahtna, Inc. and any prior 

6 or current right-of-way agreements that may exist 

7 between Ahtna, Inc. and the Copper Valley Electric 

8 Association or the State. 

9 (d) COMPENSATION.— 

10 (1) IN GENERAL.—The Secretary shall— 

11 (A) appraise the value of the rights-of-way 

12 granted under subsection (a); 

13 (B) pay to any owner of a Native allotment 

14 or, if the owner is deceased, the estate or assign 

15 of the owner, compensation for the grant of a 

16 right-of-way over the Native allotment in an 

17 amount determined under paragraph (2); 

18 (C) issue recordable instruments that indi19 cate the location of the rights-of-way over the 

20 Native allotments; 

21 (D) provide written notice of the com22 pensation procedure for the rights-of-way to— 

23 (i) the owner of record for each Na24 tive allotment; or 


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1 (ii) if the owner of record is deceased, 

2 the heir or assign of the owner of record; 

3 and 

4 (E) publish in the Federal Register and 

5 any newspaper of general circulation within the 

6 service area of the Association and location of 

7 the relevant allotment— 

8 (i) notice of the compensation proce9 dure established by this subsection; and 

10 (ii) with respect to a Native allotment 

11 described in section 2(2)(A)(ii), the loca12 tion of the right-of-way, as prepared by the 

13 Association and provided to the Secretary, 

14 in accordance with any requirements estab15 lished by the Secretary. 

16 (2) CALCULATION OF PAYMENTS.— 

17 (A) IN GENERAL.—For purposes of calcu18 lating the amount of compensation required 

19 under paragraph (1)(B), the Secretary shall de20 termine, with respect to a portion of a Native 

21 allotment encumbered by a right-of-way— 

22 (i) compensation for each right-of-way 

23 based on an appraisal conducted in con24 formity with the version of the Uniform 

25 Appraisal Standards for Federal Land AcVerDate Aug 31 2005 21:13 May 31, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3000.IS S3000

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1 quisitions that is correct as of the date of 

2 the compensation proceeding; and 

3 (ii) interest calculated based on the 

4 section 3116 of title 40, United States 

5 Code. 

6 (B) DATE OF VALUATION.—For purposes 

7 of subparagraph (A), the date of valuation of 

8 the acquisition by the Association of each right9 of-way shall be considered to be the date on 

10 which the Association first entered upon the 

11 Native allotment at issue to develop the utility 

12 line of the Association, as determined by the 

13 Secretary. 

14 (3) SOURCE OF COMPENSATION PAYMENTS.— 

15 Notwithstanding any other provision of law, any 

16 compensation payments required by this subsection 

17 shall be paid on a nonreimbursable basis from the 

18 permanent judgment appropriation under section 

19 1304 of title 31, United States Code. 

20 (4) JUDICIAL REVIEW.—Notwithstanding any 

21 other provision of law, judicial review under this 

22 subsection shall be limited to a review of the deter23 mination of the Secretary under paragraph (2) re24 garding the compensation for a right-of-way over a 

25 Native allotment. 


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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


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