I
105TH CONGRESS
1ST SESSION
H. R. 2000
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
JUNE 21, 1997
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 provi-
sions, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTOMATIC LAND BANK PROTECTION.
(a) LANDS RECEIVED IN EXCHANGE FROM CERTAIN
FEDERAL AGENCIES.—The matter preceding clause (i) of
section 907(d)(1)(A) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is
amended by inserting ‘‘or conveyed to a Native Corpora-
tion pursuant to an exchange authorized by section 22(f)
of Alaska Native Claims Settlement Act or section
1302(h) of this Act or other applicable law’’ after ‘‘Settle-
ment Trust’’.
(b) LANDS EXCHANGED AMONG NATIVE CORPORA-
TIONS.—Section 907(d)(2)(B) of such Act (43 U.S.C.
1636(d)(2)) is amended—
(1) by striking ‘‘and’’ at the end of clause (ii);
(2) by striking the period at the end of clause
(iii) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iv) lands or interest in lands shall not be con-
sidered developed or leased or sold to a third party
as a result of an exchange or conveyance of such
land or interest in land between or among Native
Corporations and trusts, partnerships, corporations,
or joint ventures, whose beneficiaries, partners,
shareholders, or joint venturers are Native Corpora-
tions.’’.
(c) ACTIONS BY TRUSTEE SERVING PURSUANT TO
AGREEMENT
OF
NATIVE
CORPORATIONS.—Section
907(d)(3)(B) of such Act (43 U.S.C. 1636(d)(3)(B)) is
amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iii) to actions by any trustee whose right,
title, or interest in land or interests in land arises
pursuant to an agreement between or among Native
Corporations and trusts, partnerships, or joint ven-
tures whose beneficiaries, partners, shareholders, or
joint venturers are Native Corporations.’’.
SEC. 2. RETAINED MINERAL ESTATE.
Section 12(c)(4) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611(c)(4)) is amended—
(1) by redesignating subparagraphs (C) and
(D) as subparagraphs (E) and (F), respectively, and
by inserting after subparagraph (B) the following
new subparagraphs:
‘‘(C) Where such public lands are surrounded by or
contiguous to subsurface lands obtained by a Regional
Corporation under subsections (a) or (b), the Corporation
may, upon request, have such public land conveyed to it.
‘‘(D)(i) A Regional Corporation which elects to obtain
public lands under subparagraph (C) shall be limited to
a total of not more than 12,000 acres. Selection by a Re-
gional Corporation of in lieu surface acres under subpara-
graph (E) pursuant to an election under subparagraph (C)
shall not be made from any lands within a conservation
system unit (as that term is defined by section 102(4) of
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3102(4)).
‘‘(ii) An election to obtain the public lands described
in subparagraph (A), (B), or (C) shall include all available
parcels within the township in which the public lands are
located.
‘‘(iii) For purposes of this subparagraph and sub-
paragraph (C), the term ‘Regional Corporation’ shall refer
only to Doyon, Limited.’’; and
(2) in subparagraph (E) (as so redesignated),
by striking ‘‘(A) or (B)’’ and inserting ‘‘(A), (B), or
(C)’’.
SEC. 3. CLARIFICATION ON TREATMENT OF BONDS FROM A
NATIVE CORPORATION.
Section 29(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1626(c)) is amended—
(1) in paragraph (3)(A), by inserting ‘‘and on
bonds received from a Native Corporation’’ after
‘‘from a Native Corporation’’; and
(2) in paragraph (3)(B), by inserting ‘‘or bonds
issued by a Native Corporation which bonds shall be
subject to the protection of section 7(h) until volun-
tarily and expressly sold or pledged by the share-
holder subsequent to the date of distribution’’ before
the semicolon.
SEC. 4. AMENDMENT TO PUBLIC LAW 102–415.
Section 20 of the Alaska Land Status Technical Cor-
rections Act of 1992 (106 Stat. 2129), is amended by add-
ing at the end the following new subsection:
‘‘(h) Establishment of the account under subsection
(b) and conveyance of land under subsection (c), if any,
shall be treated as though 3,520 acres of land had been
conveyed to Gold Creek under section 14(h)(2) of the
Alaska Native Claims Settlement Act for which rights to
in-lieu subsurface estate are hereby provided to CIRI.
Within 1 year from the date of enactment of this sub-
section, CIRI shall select 3,520 acres of land from the
area designated for in-lieu selection by paragraph
I.B.(2)(b) of the document identified in section 12(b) of
the Act of January 2, 1976 (43 U.S.C. 1611 note).’’.
SEC. 5. CALISTA CORPORATION LAND EXCHANGE.
(a) CONGRESSIONAL FINDINGS.—Congress finds and
declares that—
(1) the land exchange authorized by section
8126 of Public Law 102–172 should be implemented
without further delay;
(2) the Calista Corporation, the Native Re-
gional Corporation organized under the authority of
the Alaska Native Claims Settlement Act (ANCSA)
for the Yupik Eskimos of Southwestern Alaska,
which includes the entire Yukon Delta National
Wildlife Refuge—
(A) has responsibilities provided for by the
Settlement Act to help address social, cultural,
economic, health, subsistence, and related issues
within the Region and among its villages, in-
cluding the viability of the villages themselves,
many of which are remote and isolated; and
(B) has been unable to fully carry out such
responsibilities.
(C) the implementation of the exchange re-
ferred to in this paragraph is essential to help-
ing Calista utilize its assets to carry out those
responsibilities to realize the benefits of
ANCSA;
(3) the parties to the exchange have been un-
able to reach agreement on the valuation of the
lands and interests in lands to be conveyed to the
United States under section 8126 of Public Law
102–171; and
(4) in light of the foregoing, it is appropriate
and necessary in this unique situation that Congress
authorize and direct the implementation of this ex-
change as set forth in this section in furtherance of
the purposes and underlying goals of the Alaska Na-
tive Claims Settlement Act and the Alaska National
Interest Lands Conservation Act.
(b) LAND EXCHANGE IMPLEMENTATION.—Section
8126(a) of Public Law 102–172 (105 Stat. 1206) is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by striking ‘‘October 1, 1996’’ and inserting
‘‘October 1, 2002’’;
(3) by inserting after ‘‘October 28, 1991’’ the
following: ‘‘(hereinafter referred to as ‘CCRD’) and
in the document entitled, ‘The Calista Conveyance
and Relinquishment Document Addendum’, dated
September 15, 1996 (hereinafter referred to as
‘CCRD Addendum’)’’;
(4) by striking ‘‘The value’’ and all that follows
through ‘‘Provided, That the’’ and inserting in lieu
thereof the following:
‘‘(2) Unless prior to December 31, 1997, the parties
mutually agree on a value of the lands and interests in
lands to be exchanged as contained in the CCRD and the
CCRD Addendum, the aggregate values of such lands and
interests in lands shall be established as of January 1,
1998, as provided in paragraph (6) of the CCRD Adden-
dum. The’’;
(5) in the last sentence, by inserting a period
after ‘‘1642’’ and striking all that follows in that
sentence; and
(6) by adding at the end the following new
paragraph:
‘‘(3) The amount credited to the property account is
not subject to adjustment for minor changes in acreage
resulting from preparation or correction of the land de-
scriptions in the CCRD or CCRD Addendum or the exclu-
sion of any small tracts of land as a result of hazardous
materials surveys.’’.
(c) EXTENSION OF RESTRICTION ON CERTAIN PROP-
ERTY TRANSFERS.—Section 8126(b) of Public Law 102–
172 (105 Stat. 1206) is amended by striking ‘‘October
1, 1996’’ and inserting ‘‘October 1, 2002’’.
(d) EXCHANGE ADMINISTRATION.—Section 8126(c)
of Public Law 102–172 (105 Stat. 1207) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) by striking the sentence beginning ‘‘On Oc-
tober 1, 1996,’’ and inserting in lieu thereof the fol-
lowing: ‘‘To the extent such lands and interests have
not been exchanged with the United States, on Jan-
uary 1, 1998, the Secretary of the Treasury shall es-
tablish a property account on behalf of Calista Cor-
poration. If the parties have mutually agreed to a
value as provided in subsection (a)(2), the Secretary
of the Treasury shall credit the account accordingly.
In the absence of such an agreement the Secretary
of the Treasury shall credit the account with an
amount equal to 50 percent of the total amount de-
termined by paragraph (6) of the CCRD Addendum.
The account shall be available for use as provided
in subsection (c)(3), as follows:
‘‘(A) On January 1, 1998, an amount equal to
one-half the amount credited pursuant to this para-
graph shall be available for use as provided.
‘‘(B) On October 1, 1998, the remaining one-
half of the amount credited pursuant to this para-
graph shall be available for use as provided.
‘‘(2) On October 1, 2002, to the extent any portion
of the lands and interests in lands have not been ex-
changed pursuant to subsection (a) or conveyed or relin-
quished to the United States pursuant to paragraph (1),
the account established by paragraph (1) shall be credited
with an amount equal to any remainder of the value deter-
mined pursuant to paragraph (1).’’;
(3) by inserting ‘‘(3)’’ before ‘‘Subject to’’;
(4) by striking ‘‘on or after October 1, 1996,’’
and by inserting after ‘‘subsection (a) of this sec-
tion,’’ the following: ‘‘upon conveyance or relinquish-
ment of equivalent portions of the lands referenced
in the CCRD and the CCRD Addendum,’’; and
(5) by adding at the end the following new
paragraphs:
‘‘(4) Notwithstanding any other provision of law,
Calista Corporation or the village corporations identified
in the CCRD Addendum may assign, without restriction,
any or all of the account upon written notification to the
Secretary of the Treasury and the Secretary of the Inte-
rior.
‘‘(5) Calista will provide to the Bureau of Land Man-
agement, Alaska State Office, appropriate documentation
to enable that office to perform the accounting required
by paragraph (1) and to forward such information, if re-
quested by Calista, to the Secretary of the Treasury as
authorized by such paragraph.
‘‘(6) For the purpose of the determination of the ap-
plicability of section 7(i) of the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1606(i)) to revenues generated
pursuant to this section, such revenues shall be calculated
in accordance with paragraph (4) of the CCRD Adden-
dum.’’.
SEC. 6. MINING CLAIMS.
Paragraph (3) of section 22(c) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1621(c)) is amended—
(1) by striking out ‘‘regional corporation’’ each
place it appears and inserting in lieu thereof ‘‘Re-
gional Corporation’’; and
(2) by adding at the end the following: ‘‘The
provisions of this section shall apply to Haida Cor-
poration and the Haida Traditional Use Sites, which
shall be treated as a Regional Corporation for the
purposes of this paragraph, except that any revenues
remitted to Haida Corporation under this section
shall not be subject to distribution pursuant to sec-
tion 7(i) of this Act.’’.
SEC. 7. SALE, DISPOSITION, OR OTHER USE OF COMMON
VARIETIES OF SAND, GRAVEL, STONE, PUM-
ICE, PEAT, CLAY, OR CINDER RESOURCES.
Subsection (i) of section 7 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1606(i)) is amended—
(1) by striking ‘‘Seventy per centum’’ and in-
serting ‘‘(A) Except as provided by subparagraph
(B), seventy percent’’; and
(2) by adding at the end the following:
‘‘(B) In the case of the sale, disposition, or other use
of common varieties of sand, gravel, stone, pumice, peat,
clay, or cinder resources made after the date of enactment
of this subparagraph, the revenues received by a Regional
Corporation shall not be subject to division under subpara-
graph (A). Nothing in this subparagraph is intended to
or shall be construed to alter the ownership of such sand,
gravel, stone, pumice, peat, clay, or cinder resources.’’.
SEC. 8. ALASKA NATIVE ALLOTMENT APPLICATIONS.
Section 905(a) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1634(a)) is amended by add-
ing at the end the following:
‘‘(7) Paragraph (1) of this subsection and section (d)
shall apply, and paragraph (5) of this subsection shall
cease to apply, to an application—
‘‘(A) that is open and pending on the date of
enactment of this paragraph,
‘‘(B) if the lands described in the application
are in Federal ownership, and
‘‘(C) if all protests which were filed by the
State of Alaska pursuant to paragraph (5)(B) with
respect to the application have been withdrawn and
not reasserted or are dismissed.’’.
SEC. 9. VISITOR SERVICES.
Paragraph (1) of section 1307(b) of the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C.
3197(b)) is amended—
(1) by striking ‘‘Native Corporation’’ and in-
serting ‘‘Native Corporations’’; and
(2) by striking ‘‘is most directly affected’’ and
inserting ‘‘are most directly affected’’.
SEC. 10. REPORT.
(a) IN GENERAL.—Not later than nine months after
the date of enactment of this Act, the Secretary of the
Interior shall transmit to Congress a report.
(b) LOCAL HIRE.—(A) The report required by sub-
section (a) shall—
(1) indicate the actions taken in carrying out
subsection (b) of section 1308 of the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C.
3198);
(2) address the recruitment processes that may
restrict employees hired under subsection (a) of such
section from successfully obtaining positions in the
competitive service; and
(3) describe the actions of the Secretary of the
Interior in contracting with Alaska Native Corpora-
tions to provide services with respect to public lands
in Alaska.
(c) COOPERATION.—The Secretary of Agriculture
shall cooperate with the Secretary of the Interior in carry-
ing out this section with respect to the Forest Service.
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