Union Calendar No. 434

104TH CONGRESS

2D SESSION H. R. 2505

[Report No. 104–797]

A BILL

To amend the Alaska Native Claims Settlement Act

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

SEPTEMBER 17, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 434

104TH CONGRESS

2D SESSION H. R. 2505

[Report No. 104–797]

To amend the Alaska Native Claims Settlement Act to make certain

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

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 18, 1995

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Resources

SEPTEMBER 17, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 18, 1995]

A BILL

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 Lands

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

6 inserting ‘‘or conveyed to a Native Corporation pursuant

7 to an exchange authorized by section 22(f) of Alaska Native

8 Claims Settlement Act or section 1302(h) of this Act or

9 other applicable law’’ after ‘‘Settlement Trust’’.

10 (b) LANDS EXCHANGED AMONG NATIVE CORPORA11 TIONS.—Section 907(d)(2)(B) of such Act (43 U.S.C.

12 1636(d)(2)(B)) is amended by striking ‘‘and’’ at the end

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

14 (iii) and inserting ‘‘; and’’, and by adding at the end the

15 following:

16 ‘‘(iv) lands or interest in lands shall not be con17 sidered developed or leased or sold to a third party

18 as a result of an exchange or conveyance of such land

19 or interest in land between or among Native Corpora20 tions and trusts, partnerships, corporations, or joint

21 ventures, whose beneficiaries, partners, shareholders,

22 or joint venturers are Native Corporations.’’.

23 (c) ACTIONS BY TRUSTEE SERVING PURSUANT TO

24 AGREEMENT OF NATIVE CORPORATIONS.—Section

25 907(d)(3)(B) of such Act (43 U.S.C. 1636(d)(3)(B)) is

26 amended by striking ‘‘or’’ at the end of clause (i), by strik-
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1 ing the period at the end of clause (ii) and inserting ‘‘;

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

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

4 or interest in land or interests in land arises pursu5 ant to an agreement between or among Native Cor6 porations and trusts, partnerships, or joint ventures

7 whose beneficiaries, partners, shareholders, or joint

8 venturers are Native Corporations.’’.

9 SEC. 2. RETAINED MINERAL ESTATE.

10 Section 12(c)(4) of the Alaska Native Claims Settle11 ment Act (43 U.S.C. 1611(c)(4)) is amended—

12 (1) by redesignating subparagraphs (C) and (D)

13 as subparagraphs (D) and (E), respectively, and by

14 inserting after subparagraph (B) the following new

15 subparagraph:

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

17 contiguous to subsurface lands obtained by a Regional Cor18 poration under subsection (a) or (b), the Corporation may,

19 upon request, have such public land conveyed to it.’’; and

20 (2) in subparagraph (D) (as so redesignated), by

21 striking ‘‘(A) or (B)’’ and inserting ‘‘(A), (B), or

22 (C)’’.

23 SEC. 3. ELIM NATIVE CORPORATION LAND RESTORATION.

24 (a) WITHDRAWAL AND AVAILABILITY FOR SELEC25 TION.—The lands described in subsection (b) are withdrawn
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1 from disposition under the public land laws, entry or ap2 propriation under the mining laws of the United States,

3 and the operation of the mineral leasing laws of the United

4 States, subject to valid existing rights, for a period of one

5 year from the date of enactment of this Act, for selection

6 by the Elim Native Corporation under this section.

7 (b) LANDS DESCRIBED.—The lands described in this

8 section are a parcel of land in the vicinity of Elim, Alaska,

9 at approximately latitude 64 50 N. Longitude 162 00 W,

10 more particularly described as follows:

11 Beginning at the point of intersection of line 3–

12 4, U.S. Survey No. 2548 with the protracted West

13 Boundary of T8S, R18W KRM, Alaska;

14 Thence North, along the west boundary of the

aforementioned township, approximately 41 15 ⁄2 miles to

16 the protracted position for the corner of sections 1, 6,

17 7, and 12;

18 Thence Northeasterly, parallel with line 4–3 of

U.S. Survey No. 2548, approximately 201 19 ⁄2 miles, to

20 a point;

21 Thence East approximately 6 miles to corner No.

22 3 U.S. Survey No. 2548;

23 Thence Southwesterly along lines 3–4, U.S. Survey 2548 approximately 271 24 ⁄2 miles to the point of be25 ginning, containing, 52,799.3 acres, more or less.
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1 (c) AUTHORIZATION TO SELECT LANDS; RESERVATION

2 OF EASEMENT.—The Elim Native Corporation is author3 ized to select the lands described in subsection (b) to satisfy

4 its land entitlements under section 19(b) of the Alaska Na5 tive Claims Settlement Act (43 U.S.C. 1618(b)). The Sec6 retary is authorized to receive, adjudicate and convey the

7 lands to the Elim Native Corporation subject to (1) valid

8 existing rights, and (2) an easement reserved to the United

9 States for the benefit of the public. An easement in the lands

10 shall be reserved to the Iditarod National Historic Trail.

11 (d) WITHDRAWAL AND SELECTION OF ADDITIONAL

12 LANDS.—The Secretary is authorized to withdraw, and

13 Elim Native Corporation is authorized to select, within 18

14 months after the date of the enactment of this Act additional

15 lands adjacent to the lands withdrawn by subsection (a)

16 to fulfill Elim Native Corporation’s land entitlements equal

17 to the total acreage of the Norton Bay Reservation as with18 drawn by Executive Order No. 2508, dated January 3,

19 1917.

20 SEC. 4. PROPOSED AMENDMENT TO PUBLIC LAW 102–415.

21 Section 20(f) of the Alaska Land Status Technical Cor22 rections Act of 1992 (106 Stat. 2129) is amended by adding

23 at the end the following new paragraph:

24 ‘‘(4) The Region shall be deemed to have 3,520 acres

25 of subsurface entitlement pursuant to this section, which en-
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1 titlement shall be satisfied in the manner prescribed for the

2 Region in section 14(h)(9) of the Alaska Native Claims Set3 tlement Act (43 U.S.C. 1613(h)(9)).’’.

4 SEC. 5. CALISTA CORPORATION LAND EXCHANGE.

5 (a) CONGRESSIONAL FINDINGS.—Congress finds and

6 declares that—

7 (1) the land exchange authorized by section 8126

8 of Public Law 102–172 should be implemented with9 out further delay;

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

11 are within the boundaries of the Yukon Delta Na12 tional Wildlife Refuge established by the Alaska Na13 tional Interest Lands Conservation Act (ANILCA)

14 and include wetlands, grasslands, marshes, and

15 riverine and upland fish and wildlife habitat lands,

16 which represent the premier habitat area for water17 fowl and other birds in the Pacific and other

18 flyways—

19 (A) for nesting, breeding, and staging

20 grounds for countless thousands of migratory wa21 terfowl, including species such as Spectacled

22 Eider, Tundra Swan, White-fronted Goose, many

23 song birds and neotropical migrants, Harlequin

24 Duck, Canvasbacked Duck, Snow Goose, several

25 species of diving and dabbling ducks, Cackling
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1 and other subspecies of Canada Geese, and Em2 peror Goose; and

3 (B) as habitat for other wildlife and fish

4 such as wolf, brown and black bear, moose, cari5 bou, otter, fox, mink, musk ox, salmon, grayling,

6 sheefish, rainbow trout, blackfish, pike, and dolly

7 varden;

8 the acquisition of which lands and interests in lands

9 would further the purposes for which the refuge was

10 established by ANILCA;

11 (3) the Yukon-Kuskokwim Delta Region is bur12 dened by some of the most serious and distressing eco13 nomic, social, and health conditions existing any14 where in the United States, including high incidence

15 of infant mortality, teenage suicide, hepatitis, alcohol16 ism, meningitis, tuberculosis, and unemployment (60

17 to 90 percent);

18 (4) the Calista Corporation, the Native Regional

19 Corporation organized under the authority of the

20 Alaska Native Claims Settlement Act (ANCSA) for

21 the Yupik Eskimos of Southwestern Alaska, which in22 cludes the entire Yukon Delta National Wildlife Ref23 uge—

24 (A)(i) has responsibilities provided for by

25 the Settlement Act to help address social, cul-
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1 tural, economic, health, subsistence, and related

2 issues within the Region and among its villages,

3 including the viability of the villages themselves,

4 many of which are remote and isolated; and

5 (ii) has been unable to fully carry out such

6 responsibilities; and

7 (B) the implementation of this exchange is

8 essential to helping Calista utilize its assets to

9 carry out those responsibilities to realize the ben10 efits of ANCSA;

11 (5) the parties to the exchange have been unable

12 to reach agreement on the valuation of the lands and

13 interests in lands to be conveyed to the United States

14 under section 8126 of Public Law 102–171; and

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

16 and necessary in this unique situation that Congress

17 authorize and direct the implementation of this ex18 change as set forth in this section in furtherance of

19 the purposes and underlying goals of the Alaska Na20 tive Claims Settlement Act and the Alaska National

21 Interest Lands Conservation Act.

22 (b) LAND EXCHANGE IMPLEMENTATION.—Section

23 8126(a) of Public Law 102–172 (105 Stat. 1206) is amend24 ed—

25 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
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1 (2) by inserting after ‘‘October 28, 1991’’ the fol2 lowing: ‘‘(hereinafter referred to as ‘CCRD’) and in

3 the document entitled, ‘The Calista Conveyance and

4 Relinquishment Document Addendum’, dated July 16,

5 1996 (hereinafter referred to as ‘CCRD Addendum’)’’;

6 (3) by striking ‘‘The value’’ and all that follows

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

8 thereof the following:

9 ‘‘(2) Unless prior to October 1, 1996, the parties mutu10 ally agree on a value of the lands and interests in lands

11 to be exchanged as contained in the CCRD or the CCRD

12 Addendum, the Secretary of the Treasury shall credit the

13 property account to be established by subsection (c) with

14 an amount determined by paragraph (5) of the CCRD Ad15 dendum. The’’;

16 (4) in the last sentence, by inserting a period

17 after ‘‘1642’’ and striking all that follows in that sen18 tence; and

19 (5) by adding at the end the following new para20 graph:

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

22 not subject to adjustment for minor changes in acreage re23 sulting from preparation or correction of the land descrip24 tions in the CCRD or CCRD Addendum or the exclusion
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1 of any small tracts of land as a result of hazardous mate2 rials surveys.’’.

3 (c) EXCHANGE ADMINISTRATION.—Section 8126(c) of

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

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

6 (2) by inserting after ‘‘subsection (a) of this sec7 tion,’’ the following: ‘‘upon conveyance or relinquish8 ment of the remaining lands in the CCRD and the

9 CCRD Addendum,’’; and

10 (3) by adding at the end the following new para11 graphs:

12 ‘‘(2) Notwithstanding any other provision of law,

13 Calista Corporation may assign, without restriction, any

14 or all of the account upon written notification to the Sec15 retary of the Treasury and the Secretary of the Interior.

16 ‘‘(3) Calista will provide to the Bureau of Land Man17 agement, Alaska State Office, appropriate documentation

18 to enable that office to perform the accounting required by

19 paragraph (1) and to forward such information, if re20 quested by Calista, to the Secretary of the Treasury as au21 thorized by such paragraph.

22 ‘‘(4) For the purpose of the determination of the appli23 cability of section 7(i) of the Alaska Native Claims Settle24 ment Act (43 U.S.C. 1606(i)) to revenues generated pursu-
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1 ant to this section, such revenues shall be calculated in ac2 cordance with paragraph (4) of the CCRD Addendum.’’.

3 SEC. 6. MINING CLAIMS.

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

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

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

7 place it appears and inserting in lieu thereof ‘‘Re8 gional Corporation’’; and

9 (2) by adding at the end the following: ‘‘The pro10 visions of this section shall apply to Haida Corpora11 tion and the Haida Traditional Use Sites, which

12 shall be treated as a Regional Corporation for the

13 purposes of this paragraph, except that any revenues

14 remitted to Haida Corporation under this section

15 shall not be subject to distribution pursuant to section

16 7(i) of this Act.’’.

17 SEC. 7. SALE, DISPOSITION, OR OTHER USE OF COMMON

18 VARIETIES OF SAND, GRAVEL, STONE, PUM19 ICE, PEAT, CLAY, OR CINDER RESOURCES.

20 Subsection (i)(1) of section 7 of the Alaska Native

21 Claims Settlement Act (43 U.S.C. 1606(i)(1)) is amended—

22 (1) by striking ‘‘Seventy per centum’’ and insert23 ing ‘‘(A) Except as provided by subparagraph (B),

24 seventy percent’’; and

25 (2) by adding at the end the following:
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1 ‘‘(B) In the case of the sale, disposition, or other use

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

3 clay, or cinder resources made after the date of enactment

4 of this subparagraph, the revenues received by a Regional

5 Corporation shall not be subject to division under subpara6 graph (A). Nothing in this subparagraph is intended to or

7 shall be construed to alter the ownership of such sand, grav8 el, stone, pumice, peat, clay, or cinder resources.’’.

9 SEC. 8. ALASKA NATIVE ALLOTMENT APPLICATIONS.

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

11 Conservation Act (43 U.S.C. 1634(a)) is amended by add12 ing at the end the following:

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

14 shall apply, and paragraph (5) of this subsection shall cease

15 to apply, to an application—

16 ‘‘(A) that is open and pending on the date of en17 actment of this paragraph,

18 ‘‘(B) if the lands described in the application are

19 in Federal ownership, and

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

21 of Alaska pursuant to paragraph (5)(B) with respect

22 to the application have been withdrawn and not re23 asserted or are dismissed.’’.
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1 SEC. 9. VISITOR SERVICES.

2 Paragraph (1) of section 1307(b) of the Alaska Na3 tional Interest Lands Conservation Act (16 U.S.C.

4 3197(b)(1)) is amended—

5 (1) by striking ‘‘Native Corporation’’ and insert6 ing ‘‘Native Corporations’’; and

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

8 inserting ‘‘are most directly affected’’.

9 SEC. 10. REPORT.

10 Within nine months after the date of enactment of this

11 Act, the Secretary of the Interior shall submit to Congress

12 a report indicating the actions taken in carrying out sub13 section (b) of section 1308 of the Alaska National Interest

14 Lands Conservation Act (16 U.S.C. 3198). The report shall

15 also address the recruitment processes that may restrict em16 ployees hired under subsection (a) of such section from suc17 cessfully obtaining positions in the competitive service. The

18 Secretary of Agriculture shall cooperate with the Secretary

19 of the Interior in carrying out this section with respect to

20 the Forest Service.