S-4399-119
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
Sponsored by Lisa Murkowski (R-AK)
What it does
This bill would direct the Secretary of the Interior to convey approximately 21,578 acres of federal land — located in the preserve area of Denali National Park and Preserve — to Doyon, Limited, an Alaska Native regional corporation, within one year of enactment. The transfer would fulfill a land selection Doyon made in 1978 under the Alaska Native Claims Settlement Act (ANCSA). The conveyed land would be subject to restrictions prohibiting resale to non-federal parties, mining or mineral activities, and any development that would diminish the cultural significance of the Geese House site. The bill would also adjust the official boundary of Denali National Park and Preserve to exclude the transferred acreage.
Who benefits
Doyon, Limited, the Alaska Native regional corporation that selected this land in 1978 and has waited nearly 50 years for the conveyance. Alaska Native shareholders of Doyon (approximately 18,000 enrolled shareholders) who hold a stake in the corporation's land base. Alaska Native communities with cultural ties to the Geese House site. Alaska's congressional delegation, which has long sought to resolve outstanding ANCSA land conveyances. Federal land managers who would have a clearer, adjusted boundary for Denali National Park and Preserve.
Who is hurt
The general public, which would lose access to approximately 21,578 acres currently managed as federal public land within Denali's preserve area, subject to any public easements reserved under ANCSA §17(b). Recreational users — hikers, hunters, and wildlife viewers — who currently access the preserve area. Conservation organizations that prefer the land remain under federal management within the national park system. Federal agencies (NPS, BLM) that would relinquish jurisdiction over the parcel.
Supporters argue
Supporters argue that Doyon, Limited selected this land in September 1978 under the legally established ANCSA process, and that the federal government has been in breach of its statutory obligation to complete the conveyance for nearly five decades. They contend that honoring ANCSA commitments is a matter of legal obligation and treaty-like trust responsibility to Alaska Native peoples, and that the bill's strict restrictions — prohibiting mining, resale, and culturally harmful development — ensure the land's character is preserved while returning it to its rightful owners.
Opponents argue
Opponents argue that removing 21,578 acres from the Denali National Park and Preserve boundary permanently reduces the protected federal land base in one of America's most iconic national parks, setting a precedent for further boundary reductions. They contend that the restrictions on mining and development, while meaningful, are enforceable only as long as Doyon, Limited complies, and that the public loses the full suite of federal protections — including National Park Service management standards — that currently apply to the land.
Constitutional context
No significant constitutional tension is present. Congress has broad authority over federal lands under the Property Clause (Art. IV, §3, cl. 2), which grants Congress power to dispose of territory belonging to the United States. ANCSA itself was enacted under this authority and under Congress's plenary power over relations with Native peoples. The civil rights constitutional context assigned to this bill does not appear directly applicable to its operative provisions.
Checks and balances
The executive branch (Secretary of the Interior) gains a mandatory directive to complete the conveyance within one year, but Congress retains authority through the statutory restrictions on land use; courts could enforce those restrictions if violated.
Historical precedent
The Alaska Native Claims Settlement Act of 1971 established the framework for conveying millions of acres of federal land to Alaska Native corporations; numerous similar site-specific conveyance bills have been enacted to resolve outstanding ANCSA selections over the past five decades.