I
107TH CONGRESS
2D SESSION
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.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 2002
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:
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 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 preservation 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 conservation system
unit management functions that are inherently non-Fed-
eral.
(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 Indian tribe or trib-
al 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
contract with the Indian tribe or tribal organization
for the Indian tribe or tribal organization to plan,
conduct, and administer programs, services, func-
tions, and activities, or portions thereof, requested
by the Indian tribe or tribal organization and related
to the administration of a conservation system unit
or other public land unit that is substantially located
within the geographic region of the Indian tribe or
tribal organization.
(2) TECHNICAL RESEARCH.—At the request of
the Indian tribe or tribal organization, contracts
under this Act shall include provisions for the Indian
tribe or tribal organization to undertake the oper-
ation and support of the regional Federal subsist-
ence advisory councils, including biological research,
harvest monitoring, and other technical research re-
lated to conservation and allocation actions by the
regional Federal subsistence advisory councils, and
such other programs, functions, services, and activi-
ties reasonably necessary to carry out title VIII of
the Alaska National Interest Lands Conservation
Act.
(3) TIME
LIMITATION
FOR
NEGOTIATION
OF
CONTRACTS.—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 orga-
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 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
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) DENALI NATIONAL PARK.—The Denali Na-
tional Park shall not be subject to any of the provi-
sions of this Act.
(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 chose 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.—Notwithstanding any other provi-
sion of law, except as provided in this section, the Sec-
retary 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 Moose Co-Management Team, Inc.,
upon receipt of authorizing resolutions from its member
tribal or village councils, to establish a demonstration
project providing all programs, functions, services, and ac-
tivities of the Koyukuk and Kanuti National Wildlife Ref-
uges.
(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 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
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.
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