PUBLIC LAW 108–129—NOV. 17, 2003

ALASKAN NATIVE VILLAGE AND THE

INTERIOR DEPARTMENT LAND EXCHANGE

117 STAT. 1358 PUBLIC LAW 108–129—NOV. 17, 2003

Public Law 108–129

108th Congress

An Act

To authorize the exchange of lands between an Alaska Native Village Corporation

and the Department of the Interior, 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. DEFINITIONS.

For the purposes of this Act, the term—

(1) ‘‘ANCSA’’ means the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.);

(2) ‘‘ANILCA’’ means the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3101 et seq.);

(3) ‘‘Calista’’ means the Calista Corporation, an Alaska

Native Regional Corporation established pursuant to ANCSA;

(4) ‘‘Identified Lands’’ means approximately 10,943 acres

of lands (including surface and subsurface estates) designated

as ‘‘Proposed Village Site’’ on a map entitled ‘‘Proposed Newtok

Exchange,’’ dated September, 2002, and available for inspection

in the Anchorage office of the United States Fish and Wildlife

Service;

(5) ‘‘limited warranty deed’’ means a warranty deed which

is, with respect to its warranties, limited to that portion of

the chain of title from the moment of conveyance from the

United States to Newtok to and including the moment at which

such title is validly reconveyed to the United States;

(6) ‘‘Newtok’’ means the Newtok Native Corporation, an

Alaska Native Village Corporation established pursuant to

ANCSA;

(7) ‘‘Newtok lands’’ means approximately 12,101 acres of

surface estate comprising conveyed lands and selected lands

identified as Aknerkochik on the map referred to in paragraph

(4) and that surface estate selected by Newtok on Baird Inlet

Island as shown on the map; and

(8) ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 2. LANDS TO BE EXCHANGED.

(a) LANDS EXCHANGED TO THE UNITED STATES.—If, within 180

days after the date of enactment of this Act, Newtok expresses

to the Secretary in writing its intent to enter into a land exchange

with the United States, the Secretary shall accept from Newtok

a valid, unencumbered conveyance, by limited warranty deed, of

the Newtok lands previously conveyed to Newtok. The Secretary

shall also accept from Newtok a relinquishment of irrevocable

prioritized selections for approximately 4,956 acres for those validly

selected lands not yet conveyed to Newtok.

16 USC 668dd

note.

Nov. 17, 2003

[S. 924]

PUBLIC LAW 108–129—NOV. 17, 2003 117 STAT. 1359

(b) LANDS EXCHANGED TO NEWTOK.—In exchange for the

Newtok lands conveyed and selections relinquished under subsection (a), the Secretary shall, subject to valid existing rights

and notwithstanding section 14(f) of ANCSA, convey to Newtok

the surface and subsurface estates of the Identified Lands. The

conveyance shall be by interim conveyance. Subsequent to the

interim conveyance, the Secretary shall survey Identified Lands

at no cost to Newtok and issue a patent to the Identified Lands

subject to the provisions of ANCSA and this Act.

SEC. 3. CONVEYANCE.

(a) TIMING.—The Secretary shall issue interim conveyances

pursuant to subsection 2(b) at the earliest possible time after acceptance of the Newtok conveyance and relinquishment of selections

under subsection 2(a).

(b) RELATIONSHIP TO ANCSA.—Lands conveyed to Newtok

under this Act shall be treated as having been conveyed under

the provisions of ANCSA, except that the provisions of 14(c) and

22g of ANCSA shall not apply to these lands. Consistent with

section 103(c) of ANILCA, these lands shall not be included as

a portion of the Yukon Delta National Wildlife Refuge and shall

not be subject to regulations applicable solely to public lands within

this Conservation System Unit.

(c) EFFECT ON ENTITLEMENT.—Except as otherwise provided,

nothing in this Act shall be construed to change the total acreage

of land to which Newtok is entitled under ANCSA.

(d) EFFECT ON NEWTOK LANDS.—The Newtok Lands shall be

included in the Yukon Delta National Wildlife Refuge as of the

date of acceptance of the conveyance of those lands from Newtok,

except that residents of the Village of Newtok, Alaska, shall retain

access rights to subsistence resources on those Newtok lands as

guaranteed under section 811 of ANILCA (16 U.S.C. 3121), and

to subsistence uses, such as traditional subsistence fishing, hunting

and gathering, consistent with section 803 of ANILCA (16 U.S.C.

3113).

(e) ADJUSTMENT TO CALISTA CORPORATION ANCSA ENTITLEMENT FOR RELINQUISHED NEWTOK SELECTIONS.—To the extent that

Calista subsurface rights are affected by this Act, Calista shall

be entitled to an equivalent acreage of in lieu subsurface entitlement

for the Newtok selections relinquished in the exchange as set forth

in subsection 2(a) of this Act. This equivalent entitlement shall

come from subsurface lands already selected by Calista, but which

have not been conveyed. If Calista does not have sufficient subsurface selections to accommodate this additional entitlement,

Calista Corporation is hereby authorized to make an additional

in lieu selection for the deficient acreage from lands within the

region but outside any conservation system unit.

117 STAT. 1360 PUBLIC LAW 108–129—NOV. 17, 2003

LEGISLATIVE HISTORY—S. 924:

HOUSE REPORTS: No. 108–345 (Comm. on Resources).

SENATE REPORTS: No. 108–97 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 149 (2003):

July 17, considered and passed Senate.

Nov. 4, considered and passed House.

Æ

(f) ADJUSTMENT TO EXCHANGE.—If requested by Newtok, the

Secretary may consider and make adjustments to the exchange

to meet the purposes of this Act, subject to all the same terms

and conditions of this Act.

Approved November 17, 2003.