IIB
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.
Short title
This Act may be cited as the
Copper Valley Native Allotment
Resolution Act of 2007
.
Definitions
In this Act:
Association
The term Association
means
the Copper Valley Electric Association.
Native allotment
In general
The term Native allotment
means—
each of the following allotments issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469):
A–031653.
A–043380.
A–046337.
AA–5896.
AA–6014, Parcel B.
AA–6034.
AA–7059.
AA–7242, Parcel B.
AA–7336.
AA–7552.
AA–7553.
AA–7554.
AA–7600.
AA–8032; and
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.
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.
Secretary
The
term Secretary
means the Secretary of the Interior.
State
The
term State
means the State of Alaska.
Electric transmission line rights-of-way
In general
There is granted to the Association rights-of-way across the Native allotments for an electric transmission line owned by the Association.
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).
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.
Compensation
In general
The Secretary shall—
appraise the value of the rights-of-way granted under subsection (a);
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);
issue recordable instruments that indicate the location of the rights-of-way over the Native allotments;
provide written notice of the compensation procedure for the rights-of-way to—
the owner of record for each Native allotment; or
if the owner of record is deceased, the heir or assign of the owner of record; and
publish in the Federal Register and any newspaper of general circulation within the service area of the Association and location of the relevant allotment—
notice of the compensation procedure established by this subsection; and
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.
Calculation of payments
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—
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
interest calculated based on the section 3116 of title 40, United States Code.
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.
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.
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.
Lorraine C. Miller,
Clerk.