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[106th Congress Public Law 194]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ194.106]

[[Page 114 STAT. 239]]

Public Law 106-194
106th Congress

                                 An Act

 
  To amend the Alaska Native Claims Settlement Act to restore certain 
          lands to the Elim Native Corporation, and for other 
             purposes. <<NOTE: May 2, 2000 -  [H.R. 3090]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. ELIM NATIVE CORPORATION LAND RESTORATION.

    Section 19 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1618) is amended by adding at the end the following new subsection:
    ``(c)(1) Findings.--The Congress finds that--
            ``(A) approximately 350,000 acres of land were withdrawn by 
        Executive orders in 1917 for the use of the United States Bureau 
        of Education and of the Natives of Indigenous Alaskan race;
            ``(B) these lands comprised the Norton Bay Reservation 
        (later referred to as Norton Bay Native Reserve) and were set 
        aside for the benefit of the Native inhabitants of the Eskimo 
        Village of Elim, Alaska;
            ``(C) in 1929, 50,000 acres of land were deleted from the 
        Norton Bay Reservation by Executive order;
            ``(D) the lands were deleted from the Reservation for the 
        benefit of others;
            ``(E) the deleted lands were not available to the Native 
        inhabitants of Elim under subsection (b) of this section at the 
        time of passage of this Act;
            ``(F) the deletion of these lands has been and continues to 
        be a source of deep concern to the indigenous people of Elim; 
        and
            ``(G) until this matter is dealt with, it will continue to 
        be a source of great frustration and sense of loss among the 
        shareholders of the Elim Native Corporation and their 
        descendants.

    ``(2) Withdrawal.--The lands depicted and designated `Withdrawal 
Area' on the map dated October 19, 1999, along with their legal 
descriptions, on file with the Bureau of Land Management, and entitled 
`Land Withdrawal Elim Native Corporation', are hereby withdrawn, subject 
to valid existing rights, from all forms of appropriation or disposition 
under the public land laws, including the mining and mineral leasing 
laws, for a period of 2 years from the date of the enactment of this 
subsection, for selection by the Elim Native Corporation (hereinafter 
referred to as `Elim').
    ``(3) Authority To Select and Convey.--Elim is authorized to select 
in accordance with the rules set out in this paragraph, 50,000 acres of 
land (hereinafter referred to as `Conveyance Lands')

[[Page 114 STAT. 240]]

within the boundary of the Withdrawal Area described in paragraph (2). 
The Secretary is authorized and directed to convey to Elim in fee the 
surface and subsurface estates to 50,000 acres of valid selections in 
the Withdrawal Area, subject to the covenants, reservations, terms and 
conditions and other provisions of this subsection.
            ``(A) <<NOTE: Deadline.>> Elim shall have 2 years from the 
        date of the enactment of this subsection in which to file its 
        selection of no more than 60,000 acres of land from the area 
        described in paragraph (2). The selection application shall be 
        filed with the Bureau of Land Management, Alaska State Office, 
        shall describe a single tract adjacent to United States Survey 
        No. 2548, Alaska, and shall be reasonably compact, contiguous, 
        and in whole sections except when separated by unavailable land 
        or when the remaining entitlement is less than a whole section. 
        Elim shall prioritize its selections made pursuant to this 
        subsection at the time such selections are filed, and such 
        prioritization shall be irrevocable. Any lands selected shall 
        remain withdrawn until conveyed or full entitlement has been 
        achieved.
            ``(B) The selection filed by Elim pursuant to this 
        subsection shall be subject to valid existing rights and may not 
        supercede prior selections of the State of Alaska, any Native 
        corporation, or valid entries of any private individual unless 
        such selection or entry is relinquished, rejected, or abandoned 
        prior to conveyance to Elim.
            ``(C) Upon receipt of the Conveyance Lands, Elim shall have 
        all legal rights and privileges as landowner, subject only to 
        the covenants, reservations, terms and conditions specified in 
        this subsection.
            ``(D) Selection by Elim of lands under this subsection and 
        final conveyance of those lands to Elim shall constitute full 
        satisfaction of any claim of entitlement of Elim with respect to 
        its land entitlement.

    ``(4) Covenants, Reservations, Terms and Conditions.--The covenants, 
reservations, terms and conditions set forth in this paragraph and in 
paragraphs (5) and (6) with respect to the Conveyance Lands shall run 
with the land and shall be incorporated into the interim conveyance, if 
any, and patent conveying the lands to Elim.
            ``(A) Consistent with paragraph (3)(C) and subject to the 
        applicable covenants, reservations, terms and conditions 
        contained in this paragraph and paragraphs (5) and (6), Elim 
        shall have all rights to the timber resources of the Conveyance 
        Lands for any use including, but not limited to, construction of 
        homes, cabins, for firewood and other domestic uses on any Elim 
        lands: Provided, That cutting and removal of Merchantable Timber 
        from the Conveyance Lands for sale shall not be permitted: 
        Provided further, That Elim shall not construct roads and 
        related infrastructure for the support of such cutting and 
        removal of timber for sale or permit others to do so. 
        `Merchantable Timber' means timber that can be harvested and 
        marketed by a prudent operator.
            ``(B) Public Land Order 5563 of December 16, 1975, which 
        made hot or medicinal springs available to other Native 
        Corporations for selection and conveyance, is hereby modified to 
        the extent necessary to permit the selection by Elim of the 
        lands heretofore encompassed in any withdrawal of hot or 
        medicinal springs and is withdrawn pursuant to this subsection.

[[Page 114 STAT. 241]]

        The Secretary is authorized and directed to convey such 
        selections of hot or medicinal springs (hereinafter referred to 
        as `hot springs') subject to applicable covenants, reservations, 
        terms and conditions contained in paragraphs (5) and (6).
            ``(C) Should Elim select and have conveyed to it lands 
        encompassing portions of the Tubutulik River or Clear Creek, or 
        both, Elim shall not permit surface occupancy or knowingly 
        permit any other activity on those portions of land lying within 
        the bed of or within 300 feet of the ordinary high waterline of 
        either or both of these water courses for purposes associated 
        with mineral or other development or activity if they would 
        cause or are likely to cause erosion or siltation of either 
        water course to an extent that would significantly adversely 
        impact water quality or fish habitat.

    ``(5) Rights Retained by the United States.--With respect to 
conveyances authorized in paragraph (3), the following rights are 
retained by the United States:
            ``(A) To enter upon the conveyance lands, after providing 
        reasonable advance notice in writing to Elim and after providing 
        Elim with an opportunity to have a representative present upon 
        such entry, in order to achieve the purpose and enforce the 
        terms of this paragraph and paragraphs (4) and (6).
            ``(B) To have, in addition to such rights held by Elim, all 
        rights and remedies available against persons, jointly or 
        severally, who cut or remove Merchantable Timber for sale.
            ``(C) In cooperation with Elim, the right, but not the 
        obligation, to reforest in the event previously existing 
        Merchantable Timber is destroyed by fire, wind, insects, 
        disease, or other similar manmade or natural occurrence 
        (excluding manmade occurrences resulting from the exercise by 
        Elim of its lawful rights to use the Conveyance Lands).
            ``(D) The right of ingress and egress over easements under 
        section 17(b) for the public to visit, for noncommercial 
        purposes, hot springs located on the Conveyance Lands and to use 
        any part of the hot springs that is not commercially developed.
            ``(E) The right to enter upon the lands containing hot 
        springs for the purpose of conducting scientific research on 
        such hot springs and to use the results of such research without 
        compensation to Elim. Elim shall have an equal right to conduct 
        research on the hot springs and to use the results of such 
        research without compensation to the United States.
            ``(F) A covenant that commercial development of the hot 
        springs by Elim or its successors, assigns, or grantees shall 
        include the right to develop only a maximum of 15 percent of the 
        hot springs and any land within \1/4\ mile of the hot springs. 
        Such commercial development shall not alter the natural 
        hydrologic or thermal system associated with the hot springs. 
        Not less than 85 percent of the lands within \1/4\ mile of the 
        hot springs shall be left in their natural state.
            ``(G) The right to exercise prosecutorial discretion in the 
        enforcement of any covenant, reservation, term or condition 
        shall not waive the right to enforce any covenant, reservation, 
        term or condition.

    ``(6) General.--
            ``(A) Memorandum of understanding.--The Secretary and Elim 
        shall, acting in good faith, enter into a Memorandum

[[Page 114 STAT. 242]]

        of Understanding (hereinafter referred to as the `MOU') to 
        implement the provisions of this subsection. The MOU shall 
        include among its provisions reasonable measures to protect 
        plants and animals in the hot springs on the Conveyance Lands 
        and on the land within \1/4\ mile of the hot springs. The 
        parties shall agree to meet periodically to review the matters 
        contained in the MOU and to exercise their right to amend, 
        replace, or extend the MOU. Such reviews shall include the 
        authority to relocate any of the easements set forth in 
        subparagraph (D) if the parties deem it advisable.
            ``(B) Incorporation of terms.--Elim shall incorporate the 
        covenants, reservations, terms and conditions, in this 
        subsection in any deed or other legal instrument by which it 
        divests itself of any interest in all or a portion of the 
        Conveyance Lands, including without limitation, a leasehold 
        interest.
            ``(C) Section 17(b) easements.--The Bureau of Land 
        Management, in consultation with Elim, shall reserve in the 
        conveyance to Elim easements to the United States pursuant to 
        subsection 17(b) that are not in conflict with other easements 
        specified in this paragraph.
            ``(D) Other easements.--The Bureau of Land Management, in 
        consultation with Elim, shall reserve easements which shall 
        include the right of the public to enter upon and travel along 
        the Tubutulik River and Clear Creek within the Conveyance Lands. 
        Such easements shall also include easements for trails confined 
        to foot travel along, and which may be established along each 
        bank of, the Tubutulik River and Clear Creek. Such trails shall 
        be 25 feet wide and upland of the ordinary high waterline of the 
        water courses. The trails may deviate from the banks as 
        necessary to go around man-made or natural obstructions or to 
        portage around hazardous stretches of water. The easements shall 
        also include one-acre sites along the water courses at 
        reasonable intervals, selected in consultation with Elim, which 
        may be used to launch or take out water craft from the water 
        courses and to camp in non-permanent structures for a period not 
        to exceed 24 hours without the consent of Elim.
            ``(E) Inholders.--The owners of lands held within the 
        exterior boundaries of lands conveyed to Elim shall have all 
        rights of ingress and egress to be vested in the inholder and 
        the inholder's agents, employees, co-venturers, licensees, 
        subsequent grantees, or invitees, and such easements shall be 
        reserved in the conveyance to Elim. The inholder may not 
        exercise the right of ingress and egress in a manner that may 
        result in substantial damage to the surface of the lands or make 
        any permanent improvements on Conveyance Lands without the prior 
        consent of Elim.
            ``(F) Iditarod trail.--The Bureau of Land Management may 
        reserve an easement for the Iditarod National Historic Trail in 
        the conveyance to Elim.

    ``(7) Implementation.--There are authorized to be appropriated such 
sums as may be necessary to implement this subsection.''.

SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.

    Section 7(h)(1)(C)(iii) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1606(h)(1)(C)(iii)) is amended by inserting before the period 
at the end the following: ``, notwithstanding an adoption,

[[Page 114 STAT. 243]]

relinquishment, or termination of parental rights that may have altered 
or severed the legal relationship between the gift donor and 
recipient''.

SEC. 3. DEFINITION OF SETTLEMENT TRUST.

    Section 3(t)(2) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602(t)(2)) is amended by striking ``sole'' and all that follows 
through ``Stock'' and inserting ``benefit of shareholders, Natives, and 
descendants of Natives,''.

    Approved May 2, 2000.

LEGISLATIVE HISTORY--H.R. 3090:
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HOUSE REPORTS: No. 106-452 (Comm. on Resources).
SENATE REPORTS: No. 106-258 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Nov. 9, considered and passed House.
                                                        Vol. 146 (2000):
                                    Apr. 13, considered and passed 
                                        Senate.

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