H.R. 5781

Copper Valley Native Allotment Resolution Act of 2006

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I

109th CONGRESS

2d Session

H. R. 5781

IN THE HOUSE OF REPRESENTATIVES

July 12, 2006

Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Resources

A BILL

To grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska.

1.

Short title

This Act may be cited as the Copper Valley Native Allotment Resolution Act of 2006.

2.

Definitions

In this Act:

(1)

Association

The term Association means the Copper Valley Electric Association.

(2)

Native allotment

(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)—

(I)

A–031653;

(II)

A–043380;

(III)

A–046337;

(IV)

AA–5896;

(V)

AA–6014, Parcel B;

(VI)

AA–6034;

(VII)

AA–7059;

(VIII)

AA–7242, Parcel B;

(IX)

AA–7336;

(X)

AA–7552;

(XI)

AA–7553;

(XII)

AA–7554;

(XIII)

AA–7600;

(XIV)

AA–8032; and

(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.

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)

Ratification of existing rights-of-ways

(1)

In general

Except as provided in paragraph (2), any electric transmission right-of-way or conveyance within a federally granted highway easement granted by the State to the Association before the date of enactment of this Act is ratified.

(2)

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.

(d)

Compensation

(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 on which the Association first entered upon the Native allotment at issue to develop the utility line of the Association, as determined by the Secretary.

(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.

4.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.