PUBLIC LAW 107–239—OCT. 11, 2002

ALASKA LAND EXCHANGE AGREEMENT

116 STAT. 1488 PUBLIC LAW 107–239—OCT. 11, 2002

Public Law 107–239

107th Congress

An Act

To ratify an agreement between The Aleut Corporation and the United States

of America to exchange land rights received under the Alaska Native Claims

Settlement Act for certain land interests on Adak Island, 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. FINDINGS.

Congress finds that:

(1) Adak Island is an isolated island located 1,200 miles

southwest of Anchorage, Alaska, between the Pacific Ocean

and the Bering Sea. The Island, with its unique physical and

biological features, including a deep water harbor and abundant

marine-associated wildlife, was recognized early for both its

natural and military values. In 1913, Adak Island was reserved

and set aside as a Preserve because of its value to seabirds,

marine mammals, and fisheries. Withdrawals of portions of

Adak Island for various military purposes date back to 1901

and culminated in the 1959 withdrawal of approximately half

of the Island for use by the Department of the Navy for military

purposes.

(2) By 1990, military development on Adak Island supported a community of 6,000 residents. Outside of the Adak

Naval Complex, there was no independent community on Adak

Island.

(3) As a result of the Defense Base Closure and Realignment Act of 1990 (104 Stat. 1808), as amended, the Adak

Naval Complex has been closed by the Department of Defense.

(4) The Aleut Corporation is an Alaskan Native Regional

Corporation incorporated in the State of Alaska pursuant to

the Alaska Native Claims Settlement Act (ANCSA), as amended

(43 U.S.C. 1601, et seq.). The Aleut Corporation represents

the indigenous people of the Aleutian Islands who prior to

the Russian exploration and settlement of the Aleutian Islands

were found throughout the Aleutian Islands which includes

Adak Island.

(5) None of Adak Island was available for selection by

The Aleut Corporation under section 14(h)(8) of ANCSA (43

U.S.C. 1613(h)(8)) because it was part of a National Wildlife

Refuge and because the portion comprising the Adak Naval

Complex was withdrawn for use by the United States Navy

for military purposes prior to the passage of ANCSA in

December 1971.

(6) The Aleut Corporation is attempting to establish a

community on Adak and has offered to exchange ANCSA land

Alaska.

16 USC 668dd

note.

Oct. 11, 2002

[S. 1325]

PUBLIC LAW 107–239—OCT. 11, 2002 116 STAT. 1489

selections and entitlements for conveyance of certain lands

and interests therein on a portion of Adak formerly occupied

by the Navy.

(7) Removal of a portion of the Adak Island land from

refuge status will be offset by the acquisition of high quality

wildlife habitat in other Aleut Corporation selections within

the Alaska Maritime National Wildlife Refuge, maintaining

a resident human population on Adak to control caribou, and

making possible a continued United States Fish and Wildlife

Service presence in that remote location to protect the natural

resources of the Aleutian Islands Unit of the Alaska Maritime

National Wildlife Refuge.

(8) It is in the public interest to promote reuse of the

Adak Island lands by exchanging certain lands for lands

selected by The Aleut Corporation elsewhere in the Alaska

Maritime National Wildlife Refuge. Experience with environmental problems associated with formerly used defense sites

in the State of Alaska suggests that the most effective and

efficient way to avoid future environmental problems on Adak

is to support and encourage active reuse of Adak.

SEC. 2. RATIFICATION OF AGREEMENT.

The document entitled the ‘‘Agreement Concerning the Conveyance of Property at the Adak Naval Complex’’ (hereinafter ‘‘the

Agreement’’), and dated September 20, 2000, executed by The Aleut

Corporation, the Department of the Interior and the Department

of the Navy, together with any technical amendments or modifications to the boundaries that may be agreed to by the parties

is hereby ratified, confirmed, and approved and the terms, conditions, procedures, covenants, reservations, indemnities and other

provisions set forth in the Agreement are declared to be obligations

and commitments of the United States and The Aleut Corporation:

Provided, That modifications to the maps and legal descriptions

of lands to be removed from the National Wildlife Refuge System

within the military withdrawal on Adak Island set forth in Public

Land Order 1949 may be made only upon agreement of all Parties

to the Agreement and notification given to the Committee on

Resources of the United States House of Representatives and the

Committee on Energy and Natural Resources of the United States

Senate: Provided further, That the acreage conveyed to the United

States by The Aleut Corporation under the Agreement, as modified,

shall be at least 36,000 acres.

SEC. 3. REMOVAL OF LANDS FROM REFUGE.

Effective on the date of conveyance to The Aleut Corporation

of the Adak Exchange Lands as described in the Agreement, all

such lands shall be removed from the National Wildlife Refuge

System and shall neither be considered as part of the Alaska

Maritime National Wildlife Refuge nor be subject to any laws pertaining to lands within the boundaries of the Alaska Maritime

National Wildlife Refuge, including the conveyance restrictions

imposed by section 22(g) of ANCSA (43 U.S.C. 1621(g)), for land

in the National Wildlife Refuge System. The Secretary shall adjust

the boundaries of the Refuge so as to exclude all interests in

lands and land rights, surface and subsurface, received by The

Aleut Corporation in accordance with this Act and the Agreement.

Effective date.

116 STAT. 1490 PUBLIC LAW 107–239—OCT. 11, 2002

SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.

Lands and interests therein exchanged and conveyed by the

United States pursuant to this Act shall be considered and treated

as conveyances of lands or interests therein under the Alaska

Native Claims Settlement Act, except that receipt of such lands

and interests therein shall not constitute a sale or disposition

of land or interests received pursuant to such Act. The public

easements for access to public lands and waters reserved pursuant

to the Agreement are deemed to satisfy the requirements and

purposes of section 17(b) of the Alaska Native Claims Settlement

Act.

SEC. 5. REACQUISITION OF LANDS.

The Secretary of the Interior is authorized to acquire by purchase or exchange, on a willing seller basis only, any land conveyed

to The Aleut Corporation under the Agreement and this Act. In

the event any of the lands are subsequently acquired by the United

States, they shall be automatically included in the Refuge System.

The laws and regulations applicable to Refuge lands shall then

apply to these lands and the Secretary shall then adjust the boundaries accordingly.

SEC. 6. GENERAL.

(a) Nothwithstanding the Federal Property and Administrative

Services Act of 1949, as amended (40 U.S.C. 483–484) and the

Defense Base Closure and Realignment Act of 1990, as amended

(10 U.S.C. 2687), and for the purposes of the transfer of property

authorized by this Act, Department of Navy personal property that

remains on Adak Island is deemed related to the real property

and shall be conveyed by the Department of the Navy to The

Aleut Corporation at no additional cost when the related real property is conveyed by the Department of the Interior.

(b) The Secretary of the Interior shall convey to The Aleut

Corporation those lands identified in the Agreement as the former

landfill sites without charge to The Aleut Corporation’s entitlement

under the Alaska Native Claims Settlement Act.

(c) Any property, including, but not limited to, appurtenances

and improvements, received pursuant to this Act shall, for purposes

of section 21(d) of the Alaska Native Claims Settlement Act, as

amended, and section 907(d) of the Alaska National Interest Lands

Conservation Act, as amended, be treated as not developed until

such property is actually occupied, leased (other than leases for

nominal consideration to public entities) or sold by The Aleut Corporation, or, in the case of a lease or other transfer by The Aleut

Corporation to a wholly owned development subsidiary, actually

occupied, leased, or sold by the subsidiary.

(d) Upon conveyance to The Aleut Corporation of the lands

described in Appendix A of the Agreement, the lands described

in Appendix C of the Agreement will become unavailable for selection under ANCSA.

Applicability.

PUBLIC LAW 107–239—OCT. 11, 2002 116 STAT. 1491

LEGISLATIVE HISTORY—S. 1325:

SENATE REPORTS: No. 107–180 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 148 (2002):

Aug. 1, considered and passed Senate.

Sept. 24, considered and passed House.

Æ

(e) The maps included as part of Appendix A to the Agreement

depict the lands to be conveyed to The Aleut Corporation. The

maps shall be left on file at the Region 7 Office of the United

States Fish and Wildlife Service and the offices of Alaska Maritime

National Wildlife Refuge in Homer, Alaska. The written legal

descriptions of the lands to be conveyed to The Aleut Corporation

are also part of Appendix A. In case of any discrepancies, the

maps shall be controlling.

Approved October 11, 2002.