PUBLIC LAW 106–194—MAY 2, 2000 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.

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‘‘(A) approximately 350,000 acres of land were withdrawn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withdrawn, subject to valid existing rights, from all forms of appropriation or disposition under the public land laws, including the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’)

May 2, 2000

[H.R. 3090]

114 STAT. 240 PUBLIC LAW 106–194—MAY 2, 2000

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) 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.

Deadline.

PUBLIC LAW 106–194—MAY 2, 2000 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

114 STAT. 242 PUBLIC LAW 106–194—MAY 2, 2000

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,

PUBLIC LAW 106–194—MAY 2, 2000 114 STAT. 243

LEGISLATIVE HISTORY—H.R. 3090:

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.

Æ

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.