II

103D CONGRESS

1ST SESSION S. 1768

To amend the Alaska Native Claims Settlement Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To amend the Alaska Native Claims Settlement Act, 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. KAGEET POINT LAND SELECTION.

4 The lands contained in the western half of Township

5 21 South, Range 24 East, Copper River Meridian, com6 monly known as ‘‘Kageet Point’’, shall be considered and

7 treated as acreage allotted to the Chugach Alaska Cor8 poration for the purpose of making selections under sec9 tion 12(c) of the Alaska Native Claims Settlement Act (43

10 U.S.C. 1611(c)).
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1 SEC. 2. RATIFICATION OF CERTAIN CASWELL AND MON2 TANA CREEK NATIVE ASSOCIATIONS CON3 VEYANCES.

4 The conveyance of approximately 11,520 acres to

5 Montana Creek Native Association, Inc., and the convey6 ance of approximately 11,520 acres to Caswell Native As7 sociation, Inc., shall be considered and treated as convey8 ances under section 14(h)(2) of the Alaska Native Claims

9 Settlement Act (43 U.S.C. 1613(h)(2)). The group cor10 porations for Montana Creek and Caswell are hereby de11 clared to have received their full entitlement and shall not

12 be entitled to the receipt of any additional lands under

13 the Alaska Native Claims Settlement Act.

14 SEC. 3. MINING CLAIMS AFTER LANDS PATENTED TO RE15 GIONAL CORPORATION.

16 Section 22(c) of Alaska Native Claims Settlement Act

17 (43 U.S.C. 1621(c)) is amended by adding at the end the

18 following new paragraph:

19 ‘‘(3) After the fee or subsurface lands subject to a

20 valid mining claim have been patented to a Regional Cor21 poration—

22 ‘‘(A) any person holding such valid mining

23 claim shall continue to meet all requirements of the

24 general mining laws and section 314 of the Federal

25 Land Policy and Management Act of 1976 (43

26 U.S.C. 1744);
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1 ‘‘(B) the United States shall continue to admin2 ister the mining claim, unless and until the Sec3 retary, acting through the Bureau of Land Manage4 ment, waives administration in favor of the Regional

5 Corporation; and

6 ‘‘(C)(i) except as provided in clause (ii), all rev7 enues from the mining claim otherwise due the

8 United States shall be remitted to the Regional Cor9 poration for distribution pursuant to section 7(i) of

10 this Act; and

11 ‘‘(ii) if the Regional Corporation patent does

12 not cover all land covered by the mining claim, the

13 Regional Corporation shall be entitled only to the

14 proportion of revenues reasonably allocated to the

15 portion of the mining claim so covered.’’.

16 SEC. 4. AUTHORIZATION OF APPROPRIATIONS TO IMPLE17 MENT CONVEYANCES.

18 Section 14(c) of Alaska Native Claims Settlement Act

19 (43 U.S.C. 1613(c)) is amended—

20 (1) by redesignating paragraphs (1) through

21 (5) as subparagraphs (A) through (E), respectively;

22 (2) by striking ‘‘Each patent’’ and inserting

23 ‘‘(1) Each patent’’; and

24 (3) by adding at the end the following new

25 paragraph:
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1 ‘‘(2) There is authorized to be appropriated

2 such sums as are necessary to provide technical as3 sistance to Village Corporations in carrying out this

4 subsection. The Secretary may make amounts avail5 able pursuant to this subsection through contracts

6 with nonprofit organizations, whose function is to

7 provide technical assistance in planning, developing,

8 and administering assistance to Village Corporations

9 in fulfilling the requirements of this subsection.’’.

10 SEC. 5. OPEN SEASON FOR CERTAIN NATIVE ALASKA VET11 ERANS FOR ALLOTMENTS.

12 (a) IN GENERAL.—During the 1-year period begin13 ning on the date of enactment of this Act, an individual

14 described in subsection (b) is eligible for an allotment of

15 not to exceed 160 acres under the Act of May 17, 1906

16 (chapter 2469; 34 Stat. 197), as such Act was in effect

17 before December 18, 1971.

18 (b) ELIGIBLE INDIVIDUALS.—

19 (1) IN GENERAL.—An individual is eligible

20 under subsection (a) if the individual would have

21 been eligible under the Act of May 17, 1906 (chap22 ter 2469; 34 Stat. 197), as such Act was in effect

23 before December 18, 1971, and the individual is a

24 veteran of the Korean conflict or the Vietnam era.
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1 (2) DECEASED PERSONS.—In the case of an in2 dividual described in paragraph (1) who is deceased,

3 the heirs of the individual shall be treated as the in4 dividual described in paragraph (1).

5 (c) CONVEYANCE DEADLINE.—The Secretary of the

6 Interior shall complete land conveyances pursuant to this

7 section not later than 2 years after the date of enactment

8 of this Act.

9 (d) IMPLEMENTATION.—The Secretary shall pre10 scribe such rules as are necessary to carry out this section.

11 (e) DEFINITIONS.—For the purposes of this section,

12 the terms ‘‘veteran’’, ‘‘Korean conflict’’, and ‘‘Vietnam

13 era’’ have the meaning given such terms in paragraphs

14 (2), (9), and (29), respectively, of section 101 of title 38,

15 United States Code.

16 SEC. 6. TRANSFER OF WRANGELL INSTITUTE.

17 (a) PROPERTY RETURN.—Cook Inlet Region, Incor18 porated, is authorized to transfer to the United States the

19 10-acre site of the Wrangell Institute in Wrangell, Alaska,

20 and the structures contained thereon. The Administrator

21 of General Services shall accept title to such property and

22 the structures contained thereon, on behalf of the United

23 States.

24 (b) RESTORATION OF BIDDING CREDITS.—
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1 (1) IN GENERAL.—Subject to paragraphs (2),

2 (3), and (4), in exchange for the land and structures

3 at the Wrangell Institute transferred pursuant to

4 subsection (a), the Administrator of General Serv5 ices shall restore bidding credits to the Cook Inlet

6 Region, Incorporated property account in the Treas7 ury established pursuant to section 12(b) of Public

8 Law 94–204 (43 U.S.C. 1611 note), in an amount

9 equal to the sum of—

10 (A) $382,305, plus interest; and

11 (B) the cost of legal and other expenses in12 curred as a result of the return of the property.

13 (2) CALCULATION OF INTEREST.—The interest

14 credited to the Cook Inlet Region, Incorporated

15 property account pursuant to paragraph (1) shall be

16 compounded semiannually at the same interest rate

17 that was in effect for 5-year United States Treasury

18 bonds on November 2, 1987. The interest shall be

19 calculated for the period beginning on November 2,

20 1987, and ending on the date that the land is con21 veyed to the United States.

22 (3) USE OF RESTORED CREDITS.—Bidding

23 credits restored to the Cook Inlet Region, Incor24 porated property account pursuant to paragraph (1)
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1 shall be available solely for the acquisition of Gen2 eral Services Administration properties.

3 (4) HOLD HARMLESS.—The United States shall

4 defend and hold harmless Cook Inlet Region, Incor5 porated, and its subsidiaries, in any claim arising

6 from Federal or Cook Inlet Region, Incorporated,

7 ownership of the land and structures, prior to the

8 return of such land and structures to the United

9 States.

10 SEC. 7. LAPSED MINING CLAIMS.

11 Section 22(c)(2)(A) of the Alaska Native Claims Set12 tlement Act (43 U.S.C. 1621(c)) is amended—

13 (1) in clause (i)—

14 (A) by striking ‘‘outside the boundaries of

15 a conservation system unit (as such term is de16 fined in the Alaska National Interest Lands

17 Conservation Act) and’’; and

18 (B) by striking ‘‘The Secretary shall

19 promptly determine the validity of such claims

20 or locations within conservation system units.’’;

21 and

22 (2) in clause (ii), by striking ‘‘outside a con23 servation system unit’’ each place such phrase ap24 pears.

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