(PDF provides a complete and accurate display of this text.)
Calendar No. 593
104th Congress Report
2d Session 104-397
KENAI NATIVES ASSOCIATION EQUITY ACT AMENDMENTS OF 1996
October 2, 1996.--Ordered to be printed
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1889]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1889) to authorize the exchange of
certain lands conveyed to the Kenai Natives Association
pursuant to the Alaska Native Claims Settlement Act, to make
adjustments to the National Wilderness System, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
The amendment is as follows:
On page 14, line 19, delete all through page 17, line 17
and insert in lieu thereof the following:
SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL MANAGEMENT AREA.
(a) Purpose.--To offset the removal of KNA lands from the Refuge
System, the Secretary is hereby authorized to withdraw, subject to
valid existing rights, and to create as a special management unit for
uses other than wilderness, including the protection of fish, wildlife,
and habitat, certain unappropriated and unreserved public lands,
totaling approximately 15,500 acres adjacent to the west boundary of
the Kanuti National Wildlife Refuge to be known as the ``Lake
Todatonten Special Management Area'', from the 37,000 acres as depicted
on the map entitled Proposed: Lake Todatonten Special Management Area,
dated June 13, 1996, and to be managed by the Bureau of Land
Management. Such withdrawal shall not include any validly selected land
by the State of Alaska or Alaska Native Corporation or any lands that
the Secretary determines has mineral potential based on surveys
conducted or to be conducted by the U.S. Geological Survey. Such
withdrawals shall not occur, however, until the Secretary has complied
with the requirements of subparagraphs (1) through (12) of paragraph
204(c)(2) of FLPMA. The Secretary may study the remaining lands within
the area depicted on the map for future potential withdrawal pursuant
to Section 204 of FLPMA.
(1) Such designation is subject to all valid existing rights
including R.S. 2477 Rights-of-Way, as well as the subsistence
preferences provided under title VIII of ANILCA.
(2)(A) The BLM shall establish the Lake Todatonten Special
Management Area Committee. The membership of the Committee
shall consist of 11 members as follows:
(i) Two residents each from the villages of Alatna,
Allakaket, Hughes, and Tanana.
(ii) One representative from each of Doyon
Corporation, the Tanana Chiefs Conference, and the
State of Alaska.
(B) Members of the Committee shall serve without pay.
(C) The BLM shall hold meetings of the Lake Todatonten
Special Management Area Committee at least once per year to
discuss management issues within the Special Management Area.
The BLM shall not allow any new type of activity in the Special
Management Area without first conferring with the Committee in
a timely manner.
(c) Access.--The Secretary shall allow the following:
(1) Private access for any purpose, including economic
development, to lands within the boundaries of the Special
Management Area which are owned by third parties or are held in
trust by the Secretary for third parties pursuant to the Alaska
Native Allotment Act (25 U.S.C. 336). Such rights may be
subject to restrictions issued by the BLM to protect
subsistence uses of Special Management Area.
(2) Section 1110 of ANILCA shall apply to the Special
(c) Secretarial Order and Maps.--The Secretary shall file with the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources, the Secretarial Order and
maps setting forth the boundaries of the Area within 90 days of the
completion of the acquisition authorized by this Act. Once established,
this Order may only be amended or revoked by Act of Congress.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
purpose of the measure
S. 1889 would authorize an exchange and acquisition of
lands in Alaska between the Kenai Natives Association (KNA) and
the U.S. Fish and Wildlife Service (FWS).
background and need
S. 1889 is intended to resolve a longstanding conflict over
the use of lands conveyed under the Alaska Native Claims
Settlement Act of 1971 (ANCSA) to the Native people of Kenai,
Alaska. These lands have been precluded from development
because of their location within the Kenai National Wildlife
Our purpose of ANCSA was to extinguish all outstanding
aboriginal land claims held by Alaska Natives. Under ANCSA
Alaska Native villages and urban centers were organized as
corporations under Alaska law. Each urban corporation was given
the right to select lands owned by the Federal Government
located near its urban center. This was intended to give urban
Natives ownership of land on which they could achieve economic
benefits, since the urban corporations were only entitled to
land and receive no cash settlement. KNA was formed as an urban
corporation and was entitled to receive 23,040 acres of land.
KNA ultimately selected 19,000 acres within what later
became the Kenai National Wildlife Refuge. The KNA lands are
located between operating oil fields within the Refuge to the
north and urban and suburban developments to the south. At the
request of the FWS, KNA officials chose lands along the
boundaries of the Refuge so that development would be allowed.
Notwithstanding the representation that development would be
allowed in these locations, FWS advised KNA after land
selections were made that use of the selected property was to
be severely restricted under section 22(g) of ANCSA. Section
22(g) requires that all uses of private lands within the Refuge
comply with the laws and regulations applicable to the public
lands within the Refuge and that those lands be managed
consistently with the purposes for which the Refuge was
established. Section 22(g) has been the subject of a great
degree of controversy in Alaska in that it significantly limits
any economic use of privately owned lands within wildlife
refuges. The Department of the Interior Solicitor has
determined that the removal of section 22(g) restrictions from
private lands requires the approval of Congress.
S. 1889 executes an offer to KNA from the Secretary of the
Interior to resolve land use restrictions by offering to
exchange interests in lands. In essence, the legislation
provides authority for the Secretary of the Interior to convey
specified interests in land now held by the Federal Government,
including partial subsurface interests underlying lands now
held by KNA. In exchange, KNA would convey to the Federal
Government certain land KNA owns within the boundary of the
Kenai National Wildlife Refuge. KNA would also relinquish its
remaining ANCSA entitlement on lands within the Refuge. The
land that KNA receives would be removed from the Refuge and the
boundary adjusted accordingly. The rights of other parties with
land interests in the area would not be impacted by this
Specifically, the legislation would allow the FWS to
acquire three small parcels of land and KNA's remaining ANCSA
entitlement at appraised value: Stephanka Tract (803 acres) on
the Kenai River; Moose River Patented Tract (1,234 acres);
Moose River Selected Tract (753 acres); and 454 acres of
remaining entitlement. A payment of $4,443,000 for the total
habitat acquisition of 2,253 acres will be made from the Exxon
Valdez Oil Spill trust fund, as the lands involved were part of
the region affected by the 1989 oil spill and include important
habitat for fish and wildlife harmed by the spill. KNA shall
receive a cash payment solely from the Exxon Valdez trust fund,
which has already been approved by the Exxon Valdez Oil Spill
Trustee Council for this acquisition. Therefore, no Federal
appropriation will be required.
In return, KNA will also gain title to approximately 13,642
acres of subsurface estate (less coal, oil and gas) under those
lands which were previously held by the United States, and use
of sand and gravel on another 1,738.04 acres in the Swanson
River Road East parcel. Furthermore, the Kenai National
Wildlife Refuge boundary would be adjusted to remove 15,500
acres of existing KNA lands from the Refuge, thus resolving the
ANCSA section 22(g) conflict.
Under S. 1889 shareholders would retain the right to visit
an historic village site located on the Kenai River properties
which would be conveyed to the United States. KNA would also
receive title to the old Kenai National Wildlife Refuge
headquarters site in downtown Kenai which consists of a
building and a five-acre parcel. KNA intends to use this site
for economic development purposes.
Finally, to maintain equivalent natural resources
protection for Federal resources, S. 1889 designates the Lake
Todatonten area (approximately 15,500 acres) as a Special
Management Area (SMA). Lake Todatonten is adjacent to the
Kanuti National Wildlife Refuge which is located in north-
central Alaska. The SMA will be managed by the Bureau of Land
Management. The SMA contains significant habitat for
subsistence resources, waterfowl and migratory birds. S. 1889
designates this SMA and clarifies that the SMA would be subject
to subsistence preferences under title VIII of the Alaska
National Interest Lands Conservation Act (ANILCA) and valid
existing rights. S. 1889 also guarantees public access to the
SMA and gives residents of surrounding villages the ability to
participate in decisions relative to management of the SMA.
S. 1889, was introduced by Senator Murkowski on behalf of
himself and Senator Stevens on June 19, 1996. A hearing was
held before the Senate Energy and Natural Resources Committee
on June 26, 1996. At the business meeting on September 12,
1996, the Committee on Energy and Natural Resources ordered S.
1889, as amended, favorably reported.
A similar measure H.R. 401 passed the House on September 4,
1996, by voice vote under suspension of the rules.
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on September 12, 1996, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1889, if amended as described herein.
During the consideration of S. 1889, the Committee adopted
an amendment offered by Senator Murkowski as described herein.
The legislation, as introduced, called for additional
mitigation to compensate for the KNA lands being removed from
the boundary of the refuge. The additional mitigation consisted
of the designation of a 37,000 acre Special Management Area
adjacent to the Kanuti National Wildlife Refuge some 450 miles
north of the Kenai National Wildlife Refuge. This Special
Management area would close current BLM lands to all forms of
mineral entry and location. Additionally, the Special
Management area would have included lands that were validly
selected by the State of Alaska under the Alaska Statehood Act.
The amendment adopted by the Committee maintains the
establishment of the Lake Todatonten Special Management Area,
however reduces the acreage from 37,000 to 15,500 to make it of
equal size with the private acres being removed from the
boundary of the Kenai National Wildlife Refuge. Furthermore,
the amendment prohibits the SMA from including any land validly
selected by the State of Alaska or Alaska Native Corporation or
any lands that the Secretary determines have mineral potential.
This was done as the state considers these important lands for
a future access corridor. The requirement of a mineral
assessment was added because the mineral potential of the area
is largely unknown. In order to make sound policy regarding the
SMA, the Committee felt it was important to know what potential
existed first and then determine whether the area should be
closed to mineral entry. Lastly, the amendment required that
the withdrawal of the SMA can only occur after the Secretary
has complied with the requirements of subparagraphs (1) through
(12) of paragraph 204(c)(2) of FLPMA.
This section also authorized the Secretary to study
additional lands for future potential withdrawal in compliance
with all the provisions of section 204 of FLPMA.
Section 1. Short title
The short title of the bill is the ``Kenai Natives
Association Equity Act of 1995''.
Section 2. Findings and purpose
This section sets forth the findings and purposes of the
Section 3. Definitions
This section provides definitions for the purposes of this
Section 4. Acquisition of lands
This section sets forth the terms of the land exchange and
acquisition between the Federal Government and the Kenai
Natives Association (KNA). The section identifies lands within
the boundaries of the Kenai National Wildlife Refuge to be
conveyed to the United States by KNA as well as those lands to
be conveyed by the United States to KNA.
This section provides for the payment of Exxon Valdez Oil
Spill Trustee Council settlement funds for KNA lands described
in this section. This section also nominates the Stephanka
Tract to the National Register of Historic Places, in
recognition of the archaeological artifacts from the original
Kenaitze Indian settlement.
Subsection (c)(1)(A) removes from the Kenai National
Wildlife Refuge all lands retained by or conveyed to KNA under
the legislation, as well as the subsurface interests held by
the relevant regional corporation, Cook Inlet Region, Inc.
(CIRI). In addition, the subsection requires a boundary
adjustment to reflect removal of these interests from the
Refuge. The interests conveyed to or retained by KNA, and those
held by CIRI, are to be held free of any conveyance restriction
imposed by section 22(g) of ANCSA and shall neither be
considered a part of the Refuge nor subject to any laws or
regulations pertaining solely to lands within the boundaries of
Subsection (c)(1)(B) also provides an alternative means to
specify the manner in which the subsurface interests conveyed
to KNA under the legislation shall be managed in relation to
the oil, coal and gas interests already held by CIRI in the
area. Currently, development of CIRI's interests are governed
by paragraph l(B)(1) of the Terms and Conditions for Land
Consolidation and Management in the Cook Inlet Area, which has
been consented to by CIRI and authorized by other Federal law
(Public Law 94-204).
Under section 4(c), the Secretary of the Interior, KNA and
CIRI are required to develop and execute an agreement which
adequately addresses the management issues associated with the
boundary adjustment provided for in the subsection and which
preserves CIRI's rights and obligations under the Terms and
Conditions. By providing a deadline for the execution of the
required agreement, the Committee intends that terms of
management of the area be provided under mutual agreement. If
the parties fail to reach an agreement within the time
required, subparagraph (ii) recognizes that existing rights and
responsibilities of CIRI provided under the Terms and
Conditions shall remain in effect, despite the conveyances of
interest to KNA under the legislation.
Subsection (c)(1)(C) provides authority to the Secretary to
acquire lands and interests retained by or conveyed to KNA on a
willing seller basis only. The subsection makes it clear that
any acquired interests will automatically be included back into
the Refuge system, and all pertinent laws and regulations
pertaining to Refuge lands would be reapplied. If any surface
estate is acquired, then the subsurface interests below such
surface, regardless of whether owned by KNA or CIRI, would also
return to the Refuge system. The boundaries of the Refuge would
be readjusted to include any such acquired lands.
Subsection (c)(1)(E) clarifies that CIRI is entitled to
1,207 of in lieu subsurface entitlement, in accordance with
section 12(a)(1) of ANCSA and paragraph (B)(2)(A) of the Terms
Finally, section 4 further provides KNA the ability to take
the final agreement to a vote of its shareholders and report to
the Secretary within 180 days.
Section 5. Adjustments to the National Wilderness System
This section provides for that portion of the Stephanka
Tract lying south and west of the Kenai River (approximately
592 acres) acquired by the United States to be included in and
managed as part of the Kenai Wilderness.
Section 6. Designation of Lake Todatonten Special Management Area
This section establishes the Lake Todatonten Special
Management Area (SMA) consisting of approximately 15,500 acres
adjacent to the western boundary of the Kanuti National
Wildlife Refuge. This section also provides that the SMA is to
be managed by the Bureau of Land Management (BLM), for purposes
other than wilderness, and that the SMA is subject to all valid
existing rights and subsistence preferences provided under
title VIII of ANILCA. Furthermore, the SMA can not include any
land validly selected by the State of Alaska or Alaska Native
Corporation or any lands that the Secretary determines has
mineral potential. The withdrawal for the SMA can only occur
after the Secretary has complied with the requirements of
subparagraphs (1) through (12) of paragraph 204(c)(2) of FLPMA.
This section also authorizes the Secretary to study
additional lands for future potential withdrawal in compliance
with all the provisions of section 204 of FLPMA.
This section further directs the BLM to establish a Lake
Todatonten Special Management Area Committee made up of
residents of surrounding villages and other interested parties.
The residents will be consulted on all management decisions.
Public access to and across the SMA is granted and section
1110, of ANILCA shall apply to the SMA.
Finally, this section authorizes such sums as may be
necessary to carry out the purposes of this Act.
cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
Congressional Budget Office,
Washington, DC, September 16, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 1889, the Kenai Natives Association Equity Act
Amendments of 1996, as ordered reported by the Senate Committee
on Energy and Natural Resources on September 12, 1996. Enacting
S. 1889 could affect direct spending; therefore, pay-as-you-go
procedures would apply to the bill. However, we estimate that
enacting the bill would not significantly affect direct
spending. S. 1889 contains no private-sector or
intergovernmental mandates as defined in the Unfunded Mandates
Reform Act of 1995 (Public Law 104-4), and would impose no
costs on state, local, or tribal governments.
S. 1889 would authorize the Secretary of the Interior to
complete an agreement between the Kenai Natives Association
(KNA) and the United States Fish and Wildlife Service (USFWS)
for the acquisition of KNA property located within the Kenai
National Wildlife Refuge in Alaska. Under section 4 of the
bill, the federal government would pay KNA $4.443 million for
3,253 acres of land within the refuge boundaries. This
provision would direct the federal government to make the
$4.443 million payment from amounts allocated to the USFWS from
the Exxon Valdez oil spill joint trust fund, contingent on the
approval of the trustees. Other lands and property interests,
including access easements, would be acquired in exchange for
specified land, subsurface estates or other property interests
(such as the nonexclusive right to use sand and gravel located
on certain federal property). The bill also specifies that the
Cook Inlet Region, Incorporated (CIRI), a Native Regional
Corporation, would be entitled to receive 1,207 acres of
federal subsurface estate in lieu of the subsurface estate it
Section 4 also would remove from the National Wildlife
Refuge System all lands retained by or conveyed to KNA, as well
as certain subsurface interests underlying such lands. The bill
would direct the Secretary of the Interior to adjust the
boundaries of the Kenai National Wildlife Refuge to reflect
these changes. Section 5 of the bill provides that about 592
acres of the land to be acquired by the U.S. be managed as part
of the Kenai Wilderness. In addition, the bill would direct the
Secretary to nominate an area known as the Stephanka Tract to
the National Register of Historic Places. If the Department of
the Interior (DOI) establishes an historical, cultural, or
archaeological interpretive site on that tract, KNA would have
the exclusive right to operate it.
Section 6 would authorize the Secretary of the Interior to
designate about 15,500 acres of public land adjacent to the
Kanuti National Wildlife Refuge in Alaska as the Lake
Todatonten Special Management Area and to withdraw it from
location, entry, and patent under the mining laws.
Federal budgetary impact
Based on information provided by the USFWS and DOI, CBO
expects that the $4.443 million payment to KNA for purchase of
its holdings in the Kenai National Wildlife Refuge will be made
even in the absence of this legislation. Therefore, that
provision would have no impact on the federal budget. The
provision permitting CIRI to receive 1,207 acres of in-lieu
subsurface entitlement could affect direct spending if the
regional corporation selects land currently generating receipts
to the federal government. However, we have no basis for
estimating when such in-lieu subsurface acres would be
identified from the available pool of acres, and in any case we
do not estimate that the provision would significantly affect
direct spending. We estimate that the costs of implementing
other provisions of sections 4 and 5, including up-front
expenditures related to the land exchange and the refuge
boundary adjustment, as well as ongoing costs to manage the new
federal property, would have no significant impact on the
affected agencies' operating expenses.
Based on information from Bureau of Land Management (BLM),
we estimate that section 6 would not affect the agency's
discretionary spending since that agency already manages the
Lake Todatonten area in a manner consistent with the Special
Management Area designation. BLM expects no mineral activity to
occur on the land in any case; therefore, withdrawing the land
from mineral entry would not change spending or receipts.
Impact on State, local, and tribal governments
The land exchange authorized by this bill would be
voluntary on the part of the Kenai Natives Association. Should
the association agree to the exchange, it would receive a cash
payment of $4.443 million in addition to the lands and rights
specified in the bill. Upon completion of the exchange, the
lands retained by or conveyed to the KNA would be removed from
the Kenai National Wildlife Refuge, so the KNA would be able to
develop those lands.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and Victoria V. Heid (for federal costs) and Marjorie
Miller (for the state, local, and tribal impact).
June E. O'Neill, Director.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1889. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
Little, if any, additional paperwork would result from the
enactment of S. 1889, as ordered reported.
The testimony provided by the Department of the Interior on
behalf of the Administration at the Committee hearing follows:
Testimony of Dr. Robert Shallenberger, Chief, Division of Refuges,
United States Fish and Wildlife Service, Department of the Interior
Mr. Chairman, I appreciate the opportunity to testify today
on S. 1889, the Kenai Natives Association Equity Act. I am
accompanied by Mr. W. Hord Tipton, Assistant Director for
Resource Use and Protection of the Bureau of Land Management.
I am pleased to advise the Committee that the Department
has reached a tentative agreement with the Kenai Natives
Association, Incorporated (KNA) for a sale and exchange of
interests in land. S. 1889 reflects the agreement, and we
strongly support its enactment. This agreement provides
beneficial opportunities for KNA to achieve the economic
viability contemplated by the Alaska Native Claims Settlement
In 1993 the Fish and Wildlife Service and KNA reached a
preliminary version of the current agreement. Unfortunately,
funding for the total acquisitions called for in that agreement
did not appear to be achievable.
We have since worked with the Federal and State of Alaska
trustees on the availability of Exxon Valdez oil spill
settlement funds for the purchase of some or all of KNA's lands
within the Refuge. The lands on the Kenai River system have
significant value for species and resources injured by the
Exxon Valdez spill, including salmon, bald eagles, otters,
archaeological resources, and recreation and tourism. As a
result, the trustees have agreed to fund the purchase of a
significant portion of the lands included in the earlier
With little promise for full funding, the Department last
December met with KNA's leadership and asked them whether they
wished to continue to pursue the earlier agreement or to
negotiate a new agreement based on the settlement funds
available. KNA elected this latter course and we have now
reached an agreement that we are confident can be funded and
implemented if and when endorsed by KNA shareholders.
Under the proposed agreement, the United States would
purchase with settlement funds approximately 3,254 acres of KNA
lands and valid ANCSA land selections within the Kenai National
Wildlife Refuge for $4,443,000. This purchase price represents
an appraised fair market value of the land. In addition, the
agreement provides for the United States to transfer to KNA the
old Kenai Refuge Headquarters site (5 acres) in the city of
Where Cook Inlet Region, Inc. (CIRI) already holds
subsurface rights to coal, oil and gas underlying some 13,641
acres of KNA surface lands, the agreement provides that KNA
will receive the remainder of the subsurface. To consolidate
management responsibilities, we have also agreed to exchange
the Beaver Cheek Selected Tract now owned by the United States
for an equivalent value of KNA lands that will be contiguous
with the remaining parts of the Refuge.
The lands presently owned by KNA or received under this
agreement will be removed from the Refuge and the boundaries
redrawn accordingly. In addition, KNA will receive the right to
use sand and gravel and to conduct excavations necessary to
develop their surface estate to another 1738 acres of land for
which the United States presently owns the entire subsurface.
For these lands, located within the Swanson River East Tract,
the boundary of the Refuge will be redrawn to exclude the
surface estate held by KNA.
All of the lands remaining in KNA ownership will be removed
from the Refuge, and the patent restrictions of Section 22(g)
of ANCSA which subjects such lands to Refuge laws and
regulations will also be lifted.
Finally, the agreement also provides that the Kenai Refuge
Wilderness area will be expanded by 592 acres of land received
from KNA, and that the Secretary will nominate the Stephanka
tract of land received from KNA to the National Register of
Historic Places due to its archaeological values.
So that there is no net loss of wildlife values as a result
of removing KNA's lands from the refuge, the agreement provides
for the establishment of BLM of a Special Management Area on
public lands in the Lake Todatonten watershed, adjacent to the
Kanuti National Wildlife Refuge. This area, consisting of
approximately 37,000 acres provides key habitat for waterfowl
and other migratory birds, and its designation as a BLM Special
Management Area would result in its withdrawal from mining
entry, subject to valid existing rights, and enhanced
protection for these wildlife resources. The subsistence
priorities for use of the public lands under Title VIII of
ANILCA would continue under the designation.
The Special Management Area provides balance and public
benefits to this legislative package. Currently, we are in
active discussions with the Tanana Chiefs Conference and with
the surrounding villages of Allakaket, Alatna and Hughes about
For more than a decade, KNA and the Service have sought a
means to resolve the conflicts between the fish and wildlife
resources intended to be protected by the Refuge and KNA's
ability to develop its ANCSA holdings. This has been a long
exercise for all parties, and we are hopeful that it will now
come to a successful conclusion. If the tentative agreement is
finalized and enacted, both KNA and the nation's fish and
wildlife will receive significant benefits.
We therefore urge prompt action by the Committee and look
forward to enactment of the bill.
Thank you again, Mr. Chairman, for the opportunity to
testify. I will be pleased to respond to questions.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1889, as