IB
Union Calendar No. 465
107TH CONGRESS
2D SESSION
H. R. 4734
[Report No. 107–745]
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
MAY 14, 2002
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
OCTOBER 11, 2002
Additional sponsor: Mr. GALLEGLY
OCTOBER 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 14, 2002]
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 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 wild-
life, conservation of fish and wildlife populations,
continued opportunity for subsistence uses by local
residents, and protection of archeological sites associ-
ated 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 National
Interest Lands Conservation Act, which directed the
Secretary of the Interior to establish programs where-
by 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 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 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 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 In-
dian 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 dependency
upon the relevant conservation system unit or other
public land unit for which programs, functions, serv-
ices, 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 pur-
suant to the Indian Self-Determination and Education As-
sistance 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
(e), the Secretary shall negotiate and enter into a con-
tract with the Indian tribe or tribal organization for
the Indian tribe or tribal organization to plan, con-
duct, and administer programs, services, functions,
and activities, or portions thereof, as described in sub-
section (a), requested by the Indian tribe or tribal or-
ganization 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 CON-
TRACTS.—Not later than 90 days after a partici-
pating Indian tribe or tribal organization has noti-
fied the Secretary that it has completed the planning
phase required by subsection (e), the Secretary shall
initiate and conclude negotiations, unless an alter-
native negotiation and implementation schedule is
otherwise agreed to by the parties. The declination
and appeals provisions of the Indian Self-Determina-
tion and Education Assistance Act, including section
110 of such Act, shall apply to contracts and agree-
ments requested and negotiated under this Act.
(g) CONTRACT ADMINISTRATION.—
(1) INCLUSION OF CERTAIN TERMS.—At the re-
quest of the contracting Indian tribe or tribal organi-
zation, the benefits, privileges, terms, and conditions
of agreements entered into pursuant to titles I and IV
of the Indian Self-Determination and Education As-
sistance 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 not-
withstanding 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 single-agency audit report to
be filed as required by chapter 75 of title 31, United
States Code.
(3) TRANSFER OF EMPLOYEES.—Any career Fed-
eral 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 serv-