II
104TH CONGRESS
2D SESSION
H. R. 2505
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26, 1996
Received
AN ACT
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,
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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 by striking ‘‘and’’ at the end of
clause (ii), by striking the period at the end of clause (iii)
and inserting ‘‘; and’’, and by adding at the end the follow-
ing:
‘‘(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
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907(d)(3)(B) of such Act (43 U.S.C. 1636(d)(3)(B)) is
amended by striking ‘‘or’’ at the end of clause (i), by strik-
ing the period at the end of clause (ii) and inserting ‘‘;
or’’, and 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-
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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. PROPOSED 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.
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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. 4. 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) lands and interests in lands in the exchange
are within the boundaries of the Yukon Delta Na-
tional Wildlife Refuge established by the Alaska Na-
tional Interest Lands Conservation Act (ANILCA)
and include wetlands, grasslands, marshes, and
riverine and upland fish and wildlife habitat lands,
which represent the premier habitat area for water-
fowl and other birds in the Pacific and other
flyways—
(A) for nesting, breeding, and staging
grounds for countless thousands of migratory
waterfowl, including species such as Spectacled
Eider, Tundra Swan, White-fronted Goose,
many song birds and neotropical migrants,
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Harlequin Duck, Canvasbacked Duck, Snow
Goose, several species of diving and dabbling
ducks, Cackling and other subspecies of Canada
Geese, and Emperor Goose; and
(B) as habitat for other wildlife and fish
such as wolf, brown and black bear, moose, car-
ibou, otter, fox, mink, musk ox, salmon,
grayling, sheefish, rainbow trout, blackfish,
pike, and dolly varden,
the acquisition of which lands and interests in lands
would further the purposes for which the refuge was
established by ANILCA;
(3) the Yukon-Kuskokwim Delta Region is bur-
dened by some of the most serious and distressing
economic, social, and health conditions existing any-
where in the United States, including high incidence
of infant mortality, teenage suicide, hepatitis, alco-
holism, meningitis, tuberculosis, and unemployment
(60 to 90 percent);
(4) 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—
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(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, and
the implementation of this exchange is essential to
helping Calista utilize its assets to carry out those
responsibilities to realize the benefits of ANCSA;
(5) 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
(6) 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.
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(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, 1996, 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,
1997, 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
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(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, 1997, 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
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of the Treasury shall credit the account with an
amount equal to 66 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, 1997, 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, 1997, 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