II

104TH CONGRESS

2D SESSION H. R. 2505

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 26, 1996

Received

AN ACT

To amend the Alaska Native Claims Settlement Act to make

certain clarifications to the land bank protection provisions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AUTOMATIC LAND BANK PROTECTION.

2 (a) LANDS RECEIVED IN EXCHANGE FROM CERTAIN

3 FEDERAL AGENCIES.—The matter preceding clause (i) of

4 section 907(d)(1)(A) of the Alaska National Interest

5 Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is

6 amended by inserting ‘‘or conveyed to a Native Corpora7 tion pursuant to an exchange authorized by section 22(f)

8 of Alaska Native Claims Settlement Act or section

9 1302(h) of this Act or other applicable law’’ after ‘‘Settle10 ment Trust’’.

11 (b) LANDS EXCHANGED AMONG NATIVE CORPORA12 TIONS.—Section 907(d)(2)(B) of such Act (43 U.S.C.

13 1636(d)(2)) is amended by striking ‘‘and’’ at the end of

14 clause (ii), by striking the period at the end of clause (iii)

15 and inserting ‘‘; and’’, and by adding at the end the follow16 ing:

17 ‘‘(iv) lands or interest in lands shall not be con18 sidered developed or leased or sold to a third party

19 as a result of an exchange or conveyance of such

20 land or interest in land between or among Native

21 Corporations and trusts, partnerships, corporations,

22 or joint ventures, whose beneficiaries, partners,

23 shareholders, or joint venturers are Native Corpora24 tions.’’.

25 (c) ACTIONS BY TRUSTEE SERVING PURSUANT TO

26 AGREEMENT OF NATIVE CORPORATIONS.—Section
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1 907(d)(3)(B) of such Act (43 U.S.C. 1636(d)(3)(B)) is

2 amended by striking ‘‘or’’ at the end of clause (i), by strik3 ing the period at the end of clause (ii) and inserting ‘‘;

4 or’’, and by adding at the end the following:

5 ‘‘(iii) to actions by any trustee whose right,

6 title, or interest in land or interests in land arises

7 pursuant to an agreement between or among Native

8 Corporations and trusts, partnerships, or joint ven9 tures whose beneficiaries, partners, shareholders, or

10 joint venturers are Native Corporations.’’.

11 SEC. 2. RETAINED MINERAL ESTATE.

12 Section 12(c)(4) of the Alaska Native Claims Settle13 ment Act (43 U.S.C. 1611(c)(4)) is amended—

14 (1) by redesignating subparagraphs (C) and

15 (D) as subparagraphs (E) and (F), respectively, and

16 by inserting after subparagraph (B) the following

17 new subparagraphs:

18 ‘‘(C) Where such public lands are surrounded by or

19 contiguous to subsurface lands obtained by a Regional

20 Corporation under subsections (a) or (b), the Corporation

21 may, upon request, have such public land conveyed to it.

22 ‘‘(D)(i) A Regional Corporation which elects to obtain

23 public lands under subparagraph (C) shall be limited to

24 a total of not more than 12,000 acres. Selection by a Re25 gional Corporation of in lieu surface acres under subpara-
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1 graph (E) pursuant to an election under subparagraph (C)

2 shall not be made from any lands within a conservation

3 system unit (as that term is defined by section 102(4) of

4 the Alaska National Interest Lands Conservation Act (16

5 U.S.C. 3102(4)).

6 ‘‘(ii) An election to obtain the public lands described

7 in subparagraph (A), (B), or (C) shall include all available

8 parcels within the township in which the public lands are

9 located.

10 ‘‘(iii) For purposes of this subparagraph and sub11 paragraph (C), the term ‘Regional Corporation’ shall refer

12 only to Doyon, Limited.’’; and

13 (2) in subparagraph (E) (as so redesignated),

14 by striking ‘‘(A) or (B)’’ and inserting ‘‘(A), (B), or

15 (C)’’.

16 SEC. 3. PROPOSED AMENDMENT TO PUBLIC LAW 102–415.

17 Section 20 of the Alaska Land Status Technical Cor18 rections Act of 1992 (106 Stat. 2129) is amended by add19 ing at the end the following new subsection:

20 ‘‘(h) Establishment of the account under subsection

21 (b) and conveyance of land under subsection (c), if any,

22 shall be treated as though 3,520 acres of land had been

23 conveyed to Gold Creek under section 14(h)(2) of the

24 Alaska Native Claims Settlement Act for which rights to

25 in-lieu subsurface estate are hereby provided to CIRI.
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1 Within 1 year from the date of enactment of this sub2 section, CIRI shall select 3,520 acres of land from the

3 area designated for in-lieu selection by paragraph

4 I.B.(2)(b) of the document identified in section 12(b) of

5 the Act of January 2, 1976 (43 U.S.C. 1611 note).’’.

6 SEC. 4. CALISTA CORPORATION LAND EXCHANGE.

7 (a) CONGRESSIONAL FINDINGS.—Congress finds and

8 declares that—

9 (1) the land exchange authorized by section

10 8126 of Public Law 102–172 should be implemented

11 without further delay;

12 (2) lands and interests in lands in the exchange

13 are within the boundaries of the Yukon Delta Na14 tional Wildlife Refuge established by the Alaska Na15 tional Interest Lands Conservation Act (ANILCA)

16 and include wetlands, grasslands, marshes, and

17 riverine and upland fish and wildlife habitat lands,

18 which represent the premier habitat area for water19 fowl and other birds in the Pacific and other

20 flyways—

21 (A) for nesting, breeding, and staging

22 grounds for countless thousands of migratory

23 waterfowl, including species such as Spectacled

24 Eider, Tundra Swan, White-fronted Goose,

25 many song birds and neotropical migrants,
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1 Harlequin Duck, Canvasbacked Duck, Snow

2 Goose, several species of diving and dabbling

3 ducks, Cackling and other subspecies of Canada

4 Geese, and Emperor Goose; and

5 (B) as habitat for other wildlife and fish

6 such as wolf, brown and black bear, moose, car7 ibou, otter, fox, mink, musk ox, salmon,

8 grayling, sheefish, rainbow trout, blackfish,

9 pike, and dolly varden,

10 the acquisition of which lands and interests in lands

11 would further the purposes for which the refuge was

12 established by ANILCA;

13 (3) the Yukon-Kuskokwim Delta Region is bur14 dened by some of the most serious and distressing

15 economic, social, and health conditions existing any16 where in the United States, including high incidence

17 of infant mortality, teenage suicide, hepatitis, alco18 holism, meningitis, tuberculosis, and unemployment

19 (60 to 90 percent);

20 (4) the Calista Corporation, the Native Re21 gional Corporation organized under the authority of

22 the Alaska Native Claims Settlement Act (ANCSA)

23 for the Yupik Eskimos of Southwestern Alaska,

24 which includes the entire Yukon Delta National

25 Wildlife Refuge—
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1 (A) has responsibilities provided for by the

2 Settlement Act to help address social, cultural,

3 economic, health, subsistence, and related issues

4 within the Region and among its villages, in5 cluding the viability of the villages themselves,

6 many of which are remote and isolated; and

7 (B) has been unable to fully carry out such

8 responsibilities, and

9 the implementation of this exchange is essential to

10 helping Calista utilize its assets to carry out those

11 responsibilities to realize the benefits of ANCSA;

12 (5) the parties to the exchange have been un13 able to reach agreement on the valuation of the

14 lands and interests in lands to be conveyed to the

15 United States under section 8126 of Public Law

16 102–171; and

17 (6) in light of the foregoing, it is appropriate

18 and necessary in this unique situation that Congress

19 authorize and direct the implementation of this ex20 change as set forth in this section in furtherance of

21 the purposes and underlying goals of the Alaska Na22 tive Claims Settlement Act and the Alaska National

23 Interest Lands Conservation Act.
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1 (b) LAND EXCHANGE IMPLEMENTATION.—Section

2 8126(a) of Public Law 102–172 (105 Stat. 1206) is

3 amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

5 (2) by striking ‘‘October 1, 1996’’ and inserting

6 ‘‘October 1, 2002’’;

7 (3) by inserting after ‘‘October 28, 1991’’ the

8 following: ‘‘(hereinafter referred to as ‘CCRD’) and

9 in the document entitled, ‘The Calista Conveyance

10 and Relinquishment Document Addendum’, dated

11 September 15, 1996 (hereinafter referred to as

12 ‘CCRD Addendum’)’’;

13 (4) by striking ‘‘The value’’ and all that follows

14 through ‘‘Provided, That the’’ and inserting in lieu

15 thereof the following:

16 ‘‘(2) Unless prior to December 31, 1996, the parties

17 mutually agree on a value of the lands and interests in

18 lands to be exchanged as contained in the CCRD and the

19 CCRD Addendum, the aggregate values of such lands and

20 interests in lands shall be established as of January 1,

21 1997, as provided in paragraph (6) of the CCRD Adden22 dum. The’’;

23 (5) in the last sentence, by inserting a period

24 after ‘‘1642’’ and striking all that follows in that

25 sentence; and
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1 (6) by adding at the end the following new

2 paragraph:

3 ‘‘(3) The amount credited to the property account is

4 not subject to adjustment for minor changes in acreage

5 resulting from preparation or correction of the land de6 scriptions in the CCRD or CCRD Addendum or the exclu7 sion of any small tracts of land as a result of hazardous

8 materials surveys.’’.

9 (c) EXTENSION OF RESTRICTION ON CERTAIN PROP10 ERTY TRANSFERS.—Section 8126(b) of Public Law 102–

11 172 (105 Stat. 1206) is amended by striking ‘‘October

12 1, 1996’’ and inserting ‘‘October 1, 2002’’.

13 (d) EXCHANGE ADMINISTRATION.—Section 8126(c)

14 of Public Law 102–172 (105 Stat. 1207) is amended—

15 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

16 (2) by striking the sentence beginning ‘‘On Oc17 tober 1, 1996,’’ and inserting in lieu thereof the fol18 lowing: ‘‘To the extent such lands and interests have

19 not been exchanged with the United States, on Jan20 uary 1, 1997, the Secretary of the Treasury shall es21 tablish a property account on behalf of Calista Cor22 poration. If the parties have mutually agreed to a

23 value as provided in subsection (a)(2), the Secretary

24 of the Treasury shall credit the account accordingly.

25 In the absence of such an agreement the Secretary
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1 of the Treasury shall credit the account with an

2 amount equal to 66 percent of the total amount de3 termined by paragraph (6) of the CCRD Addendum.

4 The account shall be available for use as provided in

5 subsection (c)(3), as follows:

6 ‘‘(A) On January 1, 1997, an amount equal to

7 one-half the amount credited pursuant to this para8 graph shall be available for use as provided.

9 ‘‘(B) On October 1, 1997, the remaining one10 half of the amount credited pursuant to this para11 graph shall be available for use as provided.

12 ‘‘(2) On October 1, 2002, to the extent any portion

13 of the lands and interests in lands have not been ex14 changed pursuant to subsection (a) or conveyed or relin15 quished to the United States pursuant to paragraph (1),

16 the account established by paragraph (1) shall be credited

17 with an amount equal to any remainder of the value deter18 mined pursuant to paragraph (1).’’;

19 (3) by inserting ‘‘(3)’’ before ‘‘Subject to’’;

20 (4) by striking ‘‘on or after October 1, 1996,’’

21 and by inserting after ‘‘subsection (a) of this sec22 tion,’’ the following: ‘‘upon conveyance or relinquish23 ment of equivalent portions of the lands referenced

24 in the CCRD and the CCRD Addendum,’’; and
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1 (5) by adding at the end the following new

2 paragraphs:

3 ‘‘(4) Notwithstanding any other provision of law,

4 Calista Corporation or the village corporations identified

5 in the CCRD Addendum may assign, without restriction,

6 any or all of the account upon written notification to the

7 Secretary of the Treasury and the Secretary of the Inte8 rior.

9 ‘‘(5) Calista will provide to the Bureau of Land Man10 agement, Alaska State Office, appropriate documentation,

11 including maps of the parcels to be exchanged to enable

12 that office to perform the accounting required by para13 graph (1) and to forward such information, if requested

14 by Calista, to the Secretary of the Treasury as authorized

15 by such paragraph. Minor boundary adjustments shall be

16 made between Calista and the Department to reflect the

17 acreage figures reflected in the CCRD and the CCRD Ad18 dendum.

19 ‘‘(6) For the purpose of the determination of the ap20 plicability of section 7(i) of the Alaska Native Claims Set21 tlement Act (43 U.S.C. 1606(i)) to revenues generated

22 pursuant to this section, such revenues shall be calculated

23 in accordance with paragraph (4) of the CCRD Adden24 dum.’’.
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1 SEC. 5. MINING CLAIMS.

2 Paragraph (3) of section 22(c) of the Alaska Native

3 Claims Settlement Act (43 U.S.C. 1621(c)) is amended—

4 (1) by striking out ‘‘regional corporation’’ each

5 place it appears and inserting in lieu thereof ‘‘Re6 gional Corporation’’; and

7 (2) by adding at the end the following: ‘‘The

8 provisions of this section shall apply to Haida Cor9 poration and the Haida Traditional Use Sites, which

10 shall be treated as a Regional Corporation for the

11 purposes of this paragraph, except that any revenues

12 remitted to Haida Corporation under this section

13 shall not be subject to distribution pursuant to sec14 tion 7(i) of this Act.’’.

15 SEC. 6. SALE, DISPOSITION, OR OTHER USE OF COMMON

16 VARIETIES OF SAND, GRAVEL, STONE, PUM17 ICE, PEAT, CLAY, OR CINDER RESOURCES.

18 Subsection (i) of section 7 of the Alaska Native

19 Claims Settlement Act (43 U.S.C. 1606(i)) is amended—

20 (1) by striking ‘‘Seventy per centum’’ and in21 serting ‘‘(A) Except as provided by subparagraph

22 (B), seventy percent’’; and

23 (2) by adding at the end the following:

24 ‘‘(B) In the case of the sale, disposition, or other use

25 of common varieties of sand, gravel, stone, pumice, peat,

26 clay, or cinder resources made after the date of enactment
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1 of this subparagraph, the revenues received by a Regional

2 Corporation shall not be subject to division under subpara3 graph (A). Nothing in this subparagraph is intended to

4 or shall be construed to alter the ownership of such sand,

5 gravel, stone, pumice, peat, clay, or cinder resources.’’.

6 SEC. 7. ALASKA NATIVE ALLOTMENT APPLICATIONS.

7 Section 905(a) of the Alaska National Interest Lands

8 Conservation Act (43 U.S.C. 1634(a)) is amended by add9 ing at the end the following:

10 ‘‘(7) Paragraph (1) of this subsection and section (d)

11 shall apply, and paragraph (5) of this subsection shall

12 cease to apply, to an application—

13 ‘‘(A) that is open and pending on the date of

14 enactment of this paragraph,

15 ‘‘(B) if the lands described in the application

16 are in Federal ownership, and

17 ‘‘(C) if all protests which were filed by the

18 State of Alaska pursuant to paragraph (5)(B) with

19 respect to the application have been withdrawn and

20 not reasserted or are dismissed.’’.

21 SEC. 8. VISITOR SERVICES.

22 Paragraph (1) of section 1307(b) of the Alaska Na23 tional Interest Lands Conservation Act (16 U.S.C.

24 3197(b)) is amended—
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1 (1) by striking ‘‘Native Corporation’’ and in2 serting ‘‘Native Corporations’’; and

3 (2) by striking ‘‘is most directly affected’’ and

4 inserting ‘‘are most directly affected’’.

5 SEC. 9. REPORT.

6 Within nine months after the date of enactment of

7 this Act, the Secretary of the Interior shall submit to Con8 gress a report which includes the following:

9 (1) LOCAL HIRE.—(A) The report shall—

10 (i) indicate the actions taken in carrying

11 out subsection (b) of section 1308 of the Alaska

12 National Interest Lands Conservation Act (16

13 U.S.C. 3198); and

14 (ii) also address the recruitment processes

15 that may restrict employees hired under sub16 section (a) of such section from successfully ob17 taining positions in the competitive service.

18 (B) The Secretary of Agriculture shall cooper19 ate with the Secretary of the Interior in carrying out

20 this paragraph with respect to the Forest Service.

21 (2) LOCAL CONTRACTS.—The report shall de22 scribe the actions of the Secretary of the Interior in
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1 contracting with Alaska Native Corporations to pro2 vide services with respect to public lands in Alaska.

Passed the House of Representatives September 26,

1996.

Attest: ROBIN H. CARLE,

Clerk.