I

104TH CONGRESS

1ST SESSION H. R. 2505

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

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,

3 SECTION 1. AUTOMATIC LAND BANK PROTECTION.

4 (a) LANDS RECEIVED IN EXCHANGE FROM CERTAIN

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

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

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

8 amended by inserting ‘‘or conveyed to a Native Corpora9 tion pursuant to an exchange authorized by section 22(f)

10 of Alaska Native Claims Settlement Act or section
2

•HR 2505 IH

1 1302(h) of this Act or other applicable law’’ after ‘‘Settle2 ment Trust’’.

3 (b) LANDS EXCHANGED AMONG NATIVE CORPORA4 TIONS.—Section 907(d)(2)(B) of such Act (43 U.S.C.

5 1636(d)(2)) is amended by striking ‘‘and’’ at the end of

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

7 and inserting ‘‘; and’’, and by adding at the end the follow8 ing:

9 ‘‘(iv) lands or interest in lands shall not be con10 sidered developed or leased or sold to a third party

11 as a result of an exchange or conveyance of such

12 land or interest in land between or among Native

13 Corporations and trusts, partnerships, corporations,

14 or joint ventures, whose beneficiaries, partners,

15 shareholders, or joint venturers are Native Corpora16 tions.’’.

17 (c) ACTIONS BY TRUSTEE SERVING PURSUANT TO

18 AGREEMENT OF NATIVE CORPORATIONS.—Section

19 907(d)(3)(B) of such Act (43 U.S.C. 1636(d)(3)(B)) is

20 amended by striking ‘‘or’’ at the end of clause (i), by strik21 ing the period at the end of clause (ii) and inserting ‘‘;

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

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

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

25 pursuant to an agreement between or among Native
3

•HR 2505 IH

1 Corporations and trusts, partnerships, or joint ven2 tures whose beneficiaries, partners, shareholders, or

3 joint venturers are Native Corporations.’’.

4 SEC. 2. RETAINED MINERAL ESTATE.

5 Section 12(c)(4) of the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1611(c)(4)) is amended—

7 (1) by redesignating subparagraphs (C) and

8 (D) as subparagraphs (D) and (E), respectively, and

9 by inserting after subparagraph (B) the following

10 new subparagraph:

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

12 contiguous to subsurface lands obtained by a Regional

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

14 may, upon request, have such public land conveyed to it.’’;

15 and

16 (2) in subparagraph (D) (as so redesignated),

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

18 (C)’’.

19 SEC. 3. ELIM NATIVE CORPORATION LAND RESTORATION.

20 (a) WITHDRAWAL AND AVAILABILITY FOR SELEC21 TION.—The lands described in subsection (b) are with22 drawn from disposition under the public land laws, entry

23 or appropriation under the mining laws of the United

24 States, and the operation of the mineral leasing laws of

25 the United States, subject to valid existing rights, for a
4

•HR 2505 IH

1 period of one year from the date of enactment of this Act,

2 for selection by the Elim Native Corporation under this

3 section:

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

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

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

7 more particularly described as follows:

8 Beginning at the point of intersection of line 3–

9 4, U.S. Survey No. 2548 with the protracted West

10 Boundary of T8S, R18W KRM, Alaska;

11 Thence North, along the west boundary of the

aforementioned township, approximately 41 12 ⁄2 miles

13 to the protracted position for the corner of sections

14 1, 6, 7, and 12;

15 Thence Northeasterly, parallel with line 4–3 of

U.S. Survey No. 2548, approximately 201 16 ⁄2 miles, to

17 a point;

18 Thence East approximately 6 miles to corner

19 no. 3 U.S. Survey No. 2548;

20 Thence Southwesterly along lines 3–4, U.S.

Survey 2548 approximately 271 21 ⁄2 miles to the point

22 of beginning, containing, 52,799.3 acres, more or

23 less.

24 (c) AUTHORIZATION TO SELECT LANDS; RESERVA25 TION OF EASEMENT.—The Elim Native Corporation is
5

•HR 2505 IH

1 authorized to select the lands described in subsection (b)

2 to satisfy its land entitlements under section 19(b) of the

3 Alaska Native Claims Settlement Act (43 U.S.C. 1618(b).

4 The Secretary is authorized to receive, adjudicate and con5 vey the lands to the Elim Native Corporation subject to

6 (1) valid existing rights, and (2) an easement reserved to

7 the United States for the benefit of the public. An ease8 ment in the lands shall be reserved to the Iditarod Na9 tional Historic Trail.

10 (d) WITHDRAWAL AND SELECTION OF ADDITIONAL

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

12 Elim Native Corporation is authorized to select, within 18

13 months after the date of the enactment of this Act addi14 tional lands adjacent to the lands withdrawn by subsection

15 (a) to fulfill Elim Native Corporation’s land entitlements

16 equal to the total acreage of the Norton Bay Reservation

17 as withdrawn by Executive Order No. 2508, dated Janu18 ary 3, 1917.

19 SEC. 4. EXTENSION OF EXEMPTION PERIOD FROM ESTATE

20 AND GIFT TAX FOR STOCK THROUGH ITS PE21 RIOD OF INALIENABILITY.

22 Section 21(f) of the Alaska Native Claims Settlement

23 Act (43 U.S.C. 1620(f)) is amended by striking ‘‘January

24 1, 1992,’’ and in lieu thereof ‘‘the date on which
6

•HR 2505 IH

1 alienability restrictions terminate in accordance with the

2 provisions of this title, settlement’’.

3 SEC. 5. PROPOSED AMENDMENT TO PUBLIC LAW 102–415.

4 Section 20(f) of the Alaska Land Status Technical

5 Corrections Act of 1992 (106 Stat. 2129) is amended by

6 adding at the end the following new paragraph:

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

8 acres of subsurface entitlement pursuant to this sec9 tion, which entitlement shall be satisfied in the man10 ner prescribed for the Region in section 14(h)(9) of

11 the Alaska Native Claims Settlement Act (43 U.S.C.

12 1613(h)(9)).’’.

13 SEC. 6. CALISTA CORPORATION LAND EXCHANGES.

14 (a) VALUATION OF LANDS.—Section 8126(a) of Pub15 lic Law 102–172 (105 Stat. 1206) is amended—

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

17 (2) in subsection (a)(1) (as so designated), by

18 inserting ‘‘, as amended’’ after ‘‘October 28, 1991’’;

19 (3) in subsection (a)(1) (as so designated)—

20 (A) by striking ‘‘The value of the lands’’

21 and all that follows through ‘‘establish the

22 value:’’ and inserting the following: ‘‘The value

23 of any interests in any fee estate, or entitlement

24 to select a fee estate, identified in that docu25 ment shall be set at no less than the acre-equiv-
7

•HR 2505 IH

1 alent exchange value referenced in section

2 12(b)(7)(iv) of the Act of January 2, 1976

3 (Public Law 94–204), as amended. The value of

4 any interests in any subsurface estate shall be

5 set at no less than 31 percent of such acre6 equivalent exchange value:’’; and

7 (B) by striking ‘‘43 U.S.C. 1601’’ and all

8 that follows and inserting in lieu thereof ‘‘the

9 Alaska Native Claims Settlement Act (43

10 U.S.C. 1601 et seq.), except for subsections (a),

11 (b), (c), (f), (g), (i), (h), and (j) of section 21

12 and section 30(b) (43 U.S.C. 1620 (a), (b), (c),

13 (f), (g), (i), (h), and (j); 1627(b)), and except

14 for section 907(d) of the Alaska National Inter15 est Lands Conservation Act (43 U.S.C.

16 1637(d)).’’; and

17 (4) by adding at the end the following:

18 ‘‘(2) The Secretary shall determine the value of the

19 lands or interests in lands pursuant to this subsection not

20 later than 60 days following enactment of this paragraph:

21 Provided, That, if the Secretary fails to determine a value

22 within the required time, the value of the lands and inter23 ests in lands shall be determined in accordance with para24 graph (1).’’.
8

•HR 2505 IH

1 (b) NATURAL RESOURCE REVENUES.—Section 7(i)

2 of the Alaska Native Claims Settlement Act (43 U.S.C.

3 1606(i)) is amended by adding at the end the following:

4 ‘‘For the purposes of this subsection, the term ‘revenues’

5 does not include any benefit received or realized for a sale

6 or exchange of assets pursuant to section 8126 of Public

7 Law 102–172, as amended.’’.

8 SEC. 7. MINING CLAIMS.

9 Section 22(c)(3) of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1621(c)(3)) is amended by striking

11 out ‘‘Regional Corporation’’ each place it appears, except

12 in the last sentence, and inserting in lieu thereof ‘‘Re13 gional Corporation, or Village Corporation where applica14 ble,’’.

Æ