I 
108TH CONGRESS 
1ST SESSION 
H. R. 950
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2003
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To expand Alaska Native contracting of Federal land man-
agement functions and activities and to promote hiring 
of Alaska Natives by the Federal Government within 
the State of Alaska, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 Con-
servation Act (16 U.S.C. 3101 et seq.) established 
new and expanded units of the National Park Sys-
tem and the National Wildlife Refuge System in 
many areas of Alaska. The purposes of these con-
servation 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 archeo-
logical 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 Alaska commu-
nities. Congress recognized this close relationship in 
sections 1306, 1307, and 1308 of the Alaska Na-
tional Interest Lands Conservation Act, which di-
rected the Secretary of the Interior to establish pro-
grams whereby Alaska Native lands were given pref-
erence for the siting of conservation system unit fa-
cilities, Alaska Native corporations and local resi-
dents were given preference for the provision of vis-
itor services, and local residents were given pref-
erence for employment.
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To promote innovative management strate-
gies that are designed to lead to greater efficiency 
in conservation system unit management. 
(2) To expand Alaska Native contracting oppor-
tunities. 
(3) To increase local native employment in 
Alaska. 
(4) To further the unique purposes of conserva-
tion system units as they relate to subsistence prac-
tices, Alaska Native culture, and the conservation of 
fish and wildlife habitat and populations. 
SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEM-
ONSTRATION 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 Dem-
onstration Project’’ by which 12 Indian tribes or tribal or-
ganizations may contract to perform construction, mainte-
nance, 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 organiza-
tion, 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 sta-
bility and capability, as evidenced by the Indian 
tribe or tribal organization having no unresolved sig-
nificant and material audit exceptions for the pre-
vious 3 fiscal years; and 
(3) demonstrate significant use of or depend-
ency 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, serv-
ices, 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 organi-
zations to agree regarding which Indian tribe or tribal or-
ganization 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 sys-
tem 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 partici-
pating Indian tribe or tribal organization that has 
completed the planning phase pursuant to subsection
nization, the benefits, privileges, terms, and condi-
tions of agreements entered into pursuant to titles 
I and IV of the Indian Self-Determination and Edu-
cation 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 condi-
tions as are mutually agreed to and not otherwise 
contrary to law. 
(2) AUDIT.—Contracts entered into under this 
Act shall provide for a single-agency 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 trans-
fer of an operation or program to an Indian tribe or 
tribal organization shall not be separated from Fed-
eral service by reason of such transfer. Intergovern-
mental personnel actions may be used to transfer su-
pervision of such employees to the contracting In-
dian tribe or tribal organization. Such transferred 
employees shall be given priority placement for any
available position within their respective agency, not-
withstanding any priority reemployment lists, direc-
tives, rules, regulations, or other orders from the 
Department of the Interior, the Office of Manage-
ment 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 or-
ganization funds in an amount not less than the Secretary 
would have otherwise provided for the operation of the re-
quested programs, services, functions, and activities. Con-
tracts entered into under this Act shall provide for ad-
vance 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 partici-
pate in the demonstration project shall complete the plan-
ning phase required by subsection (e) not later than 1 cal-
endar year after the date that it was selected for participa-
tion and may begin implementation of its requested con-
tract 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. Con-
tracts 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 2004 and 2007, the Secretary shall 
present to the Congress detailed reports, including a nar-
rative, findings, and conclusions on the costs and benefits 
of this demonstration project. The reports shall identify 
remaining institutional and legal barriers to the con-
tracting of conservation system unit management to Alas-
ka 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 in-
clude 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 Na-
tional Park shall not be subject to any of the provi-
sions of this Act. 
(4) STATE’S
MANAGEMENT
AUTHORITY
FOR 
FISH AND WILDLIFE.—Nothing in this Act is in-
tended 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, services, and activities as au-
thorized under this Act and meet the planning phase 
requirement of subsection (e). An Indian tribe or 
tribal organization may choose to meet the planning 
phase requirement without applying for a grant
under this subsection. No Indian tribe or tribal or-
ganization 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 REF-
UGES DEMONSTRATION PROJECT. 
(a) IN GENERAL.—The Secretary shall enter into 
contracts, compacts, or funding agreements under the In-
dian 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 au-
thorizing 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