110th CONGRESS
1st Session
S. 205
To grant rights-of-way for electric transmission lines over certain
Native allotments in the State of Alaska.
IN THE SENATE OF THE UNITED STATES
January 8, 2007
Mr. STEVENS (for himself and Ms. MURKOWSKI) introduced the following bill;
which was read twice and referred to the Committee on Energy and Natural
Resources
A BILL
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) SOURCE OF COMPENSATION PAYMENTS- Notwithstanding any other provision
of law, any compensation payments required by this subsection shall be
paid on a nonreimbursable basis from the permanent judgment appropriation
under section 1304 of title 31, United States Code.
(4) 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.
END
