[House Report 107-745]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-745
======================================================================
ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT ACT
_______
October 11, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4734]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 Conservation 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 wildlife,
conservation of fish and wildlife populations, continued
opportunity for subsistence uses by local residents, and
protection of archeological 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
communities. 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 whereby 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 follows:
(1) To promote innovative management strategies that are
designed to lead to greater efficiency in conservation system
unit management.
(2) To expand Alaska Native contracting opportunities.
(3) To increase local employment in Alaska.
(4) To further the unique purposes of conservation system
units as they relate to subsistence practices, Alaska Native
culture, and the conservation of fish and wildlife habitat and
populations.
SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION 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 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 organization, 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 stability and
capability, as evidenced by the Indian tribe or tribal
organization having no unresolved significant and material
audit exceptions for the previous 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, 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, services, 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
organizations to agree regarding which Indian tribe or tribal
organization 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 system 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 participating 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, functions,
and activities, or portions thereof, as described in subsection
(a), requested by the Indian tribe or tribal organization 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 contracts.--Not later
than 90 days after a participating Indian tribe or tribal
organization has notified the Secretary that it has completed
the planning phase required by subsection (e), the Secretary
shall initiate and conclude negotiations, unless an alternative
negotiation and implementation schedule is otherwise agreed to
by the parties. The declination and appeals provisions of the
Indian Self-Determination and Education Assistance Act,
including section 110 of such Act, shall apply to contracts and
agreements requested and negotiated under this Act.
(g) Contract Administration.--
(1) Inclusion of certain terms.--At the request of the
contracting Indian tribe or tribal organization, the benefits,
privileges, terms, and conditions of agreements entered into
pursuant to titles I and IV of the Indian Self-Determination
and Education 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 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 Federal 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 service by reason of such transfer.
Intergovernmental personnel 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, regulations, or other
orders from the Department of the Interior, 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 Secretary shall provide each
Indian tribe or tribal organization 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
entered into under this Act shall provide for advance 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 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 narrative, findings, and conclusions on
the costs and benefits of this demonstration project. The reports shall
identify remaining 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 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 National Park shall not
be subject to any of the provisions 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 chose 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 REFUGES DEMONSTRATION
PROJECT.
(a) In General.--The Secretary 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 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, 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 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 National 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.
PURPOSE OF THE BILL
The purpose of H.R. 4734 is 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.
BACKGROUND AND NEED FOR LEGISLATION
The Alaska National Interest Lands Conservation Act
(ANILCA) was enacted on December 2, 1980 as Public Law 96-487.
Since then, Congress has passed several public laws that have
amended ANILCA. Some of the major purposes of ANILCA are to
create and expand federal conservation system units (CSU's) in
Alaska; provide for the maintenance of sound populations of,
and habitat for, fish and wildlife; provide for the continued
opportunity for subsistence uses by local Alaska Native
residents; and protect archaeological sites associated with
Alaska Native cultures.
Many rural Alaska Native communities are located within
close proximity of CSU's that play an important role in the
culture of Alaska Natives and other residents in rural Alaska.
Congress, through sections 1306 and 1307 of ANILCA, directed
the Secretary of the Interior to establish programs whereby
Native lands were given preference for siting of CSU
facilities, and gave Native Corporations a preference in
providing certain visitor services on CSU's. Through Section
1308, Congress recognized that the Natives whose front and back
yards were now part of the federal parks, preserve, refuge,
monument, and wilderness systems should be involved in the
administering of the lands because of their special knowledge
and expertise concerning the natural or cultural resources of
such areas.
Public Law 106-488 authorized two pilot projects in the
Bering Straits and NANA Region in northwest Alaska. These
include the following preserves: Bering Land Bridge National
Preserve; Cape Krusenstern National Monument; Kobuk Valley
National Park; and Noatak National Preserve. Neither of these
projects have been implemented.
Twenty-two years have passed since ANILCA was enacted, and
Congress' goals regarding contracting and Native-hiring remain
unfulfilled by the Department of the Interior. H.R. 4734 would
remedy this by directing the Department of the Interior to
implement sections 1307 and 1308 of ANILCA and enter into
demonstration projects with no less than six eligible Alaska
Native tribes or tribal organizations in fiscal years 2003 and
2004.
H.R. 4734 also authorizes the Secretary of the Interior to
enter into a demonstration project with the Koyukuk River Basin
Moose Co-Management Team, Inc. (Team) to assume operation of
services, functions, and activities of the Koyukuk River
National Wildlife Refuge and Kanuti National Wildlife Refuge.
The contract would require the Team and the United States Fish
and Wildlife Service to enter into Intergovernmental Personnel
Act (IPA) transfer agreements to maintain the current refuge
staff. All current staff would be maintained as federal
employees, retaining all benefits and status of federal
service.
COMMITTEE ACTION
H.R. 4734 was introduced on May 14, 2002 by Congressman Don
Young (R-AK). The bill was referred to the Committee on
Resources. On June 5, 2002, the Committee held a hearing on the
bill. On September 12, 2002, the Committee met to consider the
legislation. Congressman Don Young offered an amendment in the
nature of a substitute that deletes references to subsistence,
spells out each of the contractible functions allowed in the
bill, prohibits the Department of the Interior to contract out
the management of permits, licenses or contracts that are
related to sport hunting and fish guiding activities in the
state of Alaska, and adds a new section 4 which clarifies that
the bill would not enlarge or diminish the responsibility or
the authority of the State of Alaska for the management of fish
and wildlife on public lands. The amendment was adopted by
voice vote. The bill, as amended, was then ordered favorably
reported to the House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 4, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4734, the Alaska
Federal Lands Management Demonstration Project Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs) and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4734--Alaska Federal Lands Management Demonstration Project Act
CBO estimates that implementing H.R. 4734 would cost $1.2
million over the 2003-2004 period, assuming appropriation of
the authorized amounts. The bill would not affect direct
spending or revenues.
H.R. 4734 would direct the Secretary of the Interior to
establish a pilot program for Alaska Native tribes to apply for
contracts to perform certain services on federal lands in
Alaska. The bill would require tribes to complete certain
planning requirements prior to entering into a contract with
the Department of the Interior (DOI) and would authorize the
appropriation of $600,000 in each of years 2003 and 2004 for
the Secretary to make grants to help tribes meet those
requirements. Assuming appropriation of the specified amounts,
we estimate that the Secretary would spend $600,000 in each of
those years for those grants. If the Secretary enters into a
contract with a tribe to provide certain services, the bill
would direct the Secretary to provide the tribe with funds at
least equal to what the federal government would have otherwise
spent for such services. Based on information from DOL, we
estimate that any increase in federal spending for these
activities, which would be subject to appropriation, would not
be significant.
H.R. 4734 also would direct the Secretary, subject to
appropriation of the necessary funds, to enter into a contract
with the Koyukuk River Basin Moose Co-Management Team, Inc., to
authorize that organization to manage wildlife resources within
the Koyukuk and Kanuti National Wildlife Refuges in Alaska.
Based on information from a representative of that
organization, CBO estimates that implementing this provision
would not significantly affect federal spending for resource
management.
H.R. 4734 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Any tribe choosing to enter into a contract authorized by this
bill would do so voluntarily.
The CBO staff for this estimate are Megan Carroll (for
federal costs) and Marjorie Miller (for the state and local
impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS OF REPRESENTATIVE GEORGE MILLER
H.R. 4734 as introduced would mandate an unprecedented
delegation of land management authorities for national parks
and national wildlife refuges to private Alaska Native
corporations and other entities. Contrary to existing laws, it
removes the Secretary of the Interior's discretion and even
provides for the transfer of federal employees. The substitute,
which was developed without consultation and not provided to
Democratic Members prior to the markup is narrower in scope but
remains flawed.
H.R. 4734 has created an unusual alliance of opponents,
including the Bush Administration, the Speaker of the House and
the President of the Senate in the Alaska legislature,
environmental groups and the AFL-CIO.
As the Department of the Interior noted in a June 21, 2002
letter opposing H.R. 4734, its non-discretionary contracting
provisions so beyond the Indian Self Determination and
Education Assistance Act contracting rules which currently
apply to Indian tribes and Alaska Natives:
Currently, Title I of the ISDEAA does not apply to
units of the National Park System and the National
Wildlife Refuge System as they are not ``programs for
the benefit of Indians because of their status as
Indians.'' Rather they are programs--conservation
system units--established for the American people as a
whole. * * * With parks and refuges, as opposed to
programs for Indians, there are no issues of self-
determination, and there is no basis for excepting the
parks and refuges from the normal contracting rules.
While the stated goals of this legislation--to increase the
``local hire'' employment of Alaskans and enhance contracting
opportunities between Native entities and the Department of the
Interior--are laudable, the means of effectuating those ends in
the bill as reported are not. The case has not been to create
new and non-discretionary contracting rules applicable only to
national parks and national wildlife refuge management in
Alaska. The Department has ample authority under current laws,
including the Alaska National Interest Lands Conservation Act,
to employ Alaskans and to contract with Native corporations and
other entities. Rather than passing new and untested
legislation, we should instead be encouraging the Bush
Administration to use the authority they already possess to
increase employment and contracting opportunities in a
responsible manner.
George Miller.