ice by reason of such transfer. Intergovernmental per-
sonnel 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, regula-
tions, or other orders from the Department of the In-
terior, 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 Sec-
retary shall provide each Indian tribe or tribal organiza-
tion 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 en-
tered into under this Act shall provide for advance pay-
ments 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 nar-
rative, findings, and conclusions on the costs and benefits
of this demonstration project. The reports shall identify re-
maining 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 agree-
ment is reached with the most directly affected Alaska
Native corporations to allow such services to be in-
cluded in the contract. Such contracts shall not other-
wise repeal, alter, or otherwise modify section 1307 or
1308 of the Alaska National Interests Lands Con-
servation 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 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, services, and activities as authorized 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 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 REF-
UGES DEMONSTRATION PROJECT.
(a) IN GENERAL.—The Secretary shall enter into con-
tracts, 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, func-
tions, 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 Serv-
ice shall assign employees assigned to the Koyukuk and
Kanuti National Wildlife Refuges to the contractor pursu-
ant to the Intergovernmental Personnel Act (5 U.S.C. 3371
et seq.) with all such employees maintained as Federal em-
ployees 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 Na-
tional 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 As-
sistance 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.
Union Calendar No. 465
107TH CONGRESS
2D SESSION
H. R. 4734
[Report No. 107–745]
A BILL
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.
OCTOBER 11, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed