HR 865
4-17-07, House Agreed to Bill by Voice Vote
Referred to Senate Committee
on Energy & Natural Resources
110th CONGRESS
1st Session
H. R. 865
IN THE SENATE OF THE UNITED STATES
April 18, 2007
Received
April 23, 2007
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To grant rights-of-way for electric transmission lines over certain
Native allotments in the State of Alaska.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Copper Valley Native Allotment Resolution Act
of 2007'.
SEC. 2. DEFINITIONS.
(1) ASSOCIATION- The term `Association' means the Copper Valley Electric
Association.
(A) IN GENERAL- The term `Native allotment' means--
(i) each of the following allotments issued under the Act of May 17,
1906 (34 Stat. 197, chapter 2469):
(VIII) AA-7242, Parcel B.
(ii) any allotment for which a patent or Certificate of Allotment has
been issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469)
across which the Association maintains an electric transmission line
on the date of enactment of this Act.
(B) EXCLUSIONS- The term `Native allotment' does not include any allotment
to which the Secretary has approved the grant of a right of way or issued
a patent or Certificate of Allotment that is subject to a right of way
held by the Association.
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(4) STATE- The term `State' means the State of Alaska.
SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY.
(a) In General- There is granted to the Association rights-of-way across the
Native allotments for an electric transmission line owned by the Association.
(b) Width- After considering any information provided by the Association,
allottee, or any other source that the Secretary determines to be relevant,
the Secretary shall determine an accurate legal description of the rights-of-way,
the nature of the rights granted, and the widths of the rights-of-way granted
by subsection (a).
(c) Certain Agreements- Notwithstanding any other provision of this Act, this
Act does not apply to land owned by Ahtna, Inc. and any prior or current right-of-way
agreements that may exist between Ahtna, Inc. and the Copper Valley Electric
Association or the State.
(1) IN GENERAL- The Secretary shall--
(A) appraise the value of the rights-of-way granted under subsection (a);
(B) pay to any owner of a Native allotment or, if the owner is deceased,
an heir or assign of the owner, compensation for the grant of a right-of-way
over the Native allotment in an amount determined under paragraph (2);
(C) issue recordable instruments that indicate the location of the rights-of-way
over the Native allotments;
(D) provide written notice of the compensation procedure for the rights-of-way
to--
(i) the owner of record for each Native allotment; or
(ii) if the owner of record is deceased, the heir or assign of the owner
of record; and
(E) publish in the Federal Register and any newspaper of general circulation
within the service area of the Association and location of the relevant
allotment--
(i) notice of the compensation procedure established by this subsection;
and
(ii) with respect to a Native allotment described in section 2(2)(A)(ii),
the location of the right-of-way, as prepared by the Association and
provided to the Secretary, in accordance with any requirements established
by the Secretary.
(2) CALCULATION OF PAYMENTS-
(A) IN GENERAL- For purposes of calculating the amount of compensation
required under paragraph (1)(B), the Secretary shall determine, with respect
to a portion of a Native allotment encumbered by a right-of-way--
(i) compensation for each right-of-way based on an appraisal conducted
in conformity with the version of the Uniform Appraisal Standards for
Federal Land Acquisitions that is correct as of the date of the compensation
proceeding; and
(ii) interest calculated based on the section 3116 of title 40, United
States Code.
(B) DATE OF VALUATION- For purposes of subparagraph (A), the date of valuation
of the acquisition by the Association of each right-of-way shall be considered
to be the date of enactment of this Act.
(3) JUDICIAL REVIEW- Notwithstanding any other provision of law, judicial
review under this subsection shall be limited to a review of the determination
of the Secretary under paragraph (2) regarding the compensation for a right-of-way
over a Native allotment.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this Act.
Passed the House of Representatives April 17, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
END
