II
Calendar No. 601
105TH CONGRESS
2D SESSION
H. R. 2000
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 24, 1998
Received; read twice and placed on the calendar
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)(B)) 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.’’.
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(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. DEVELOPMENT BY THIRD-PARTY TRESPASSERS.
Section 907(d)(2)(A)(i) of the Alaska National Inter-
est Lands Conservation Act (43 U.S.C. 1636(d)(2)(A)(i))
is amended—
(1) by inserting ‘‘Any such modification shall be
performed by the Native individual or Native Cor-
poration.’’ after ‘‘substantial modification.’’;
(2) by inserting a period after ‘‘developed
state’’ the second place it appears; and
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(3) by adding ‘‘Any lands previously developed
by third-party trespassers shall not be considered to
have been developed.’’.
SEC. 3. RETAINED MINERAL ESTATE.
(a) IN GENERAL.—Section 12(c)(4) of the Alaska
Native Claims Settlement 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. Se-
lection by a Regional Corporation of in lieu surface
acres under subparagraph (E) pursuant to an elec-
tion 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 Na-
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tional Interest Lands Conservation Act (16 U.S.C.
3102(4)).
‘‘(ii) An election to obtain the public lands de-
scribed in subparagraph (A), (B), or (C) shall in-
clude all available parcels within the township in
which the public lands are located.
‘‘(iii) For purposes of this subparagraph and
subparagraph (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)’’.
(b) FAILURE TO APPEAL NOT PROHIBITIVE.—Sec-
tion 12(c) of the Alaska Native Claims Settlement Act (43
U.S.C. 1611(c)) is amended by adding at the end the fol-
lowing:
‘‘(5) Subparagraphs (A), (B), and (C) of para-
graph (4) shall apply, notwithstanding the failure of
the Regional Corporation to have appealed the rejec-
tion of a selection during the conveyance of the rel-
evant surface estate.’’.
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:
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‘‘(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
subsurface estate are hereby provided to CIRI. Within 1
year from the date of the enactment of this subsection,
CIRI shall select 3,520 acres of subsurface estate in land
from the area designated for selection by paragraph
I.B.(2)(b) of the document identified in section 12(b) (re-
ferring to the Talkeetna Mountains) of the Act of January
2, 1976 (43 U.S.C. 1611 note). Not more than five selec-
tions shall be made under this subsection, each of which
shall be reasonably compact and in whole sections, except
when separated by unavailable land or when the remaining
entitlement is less than a whole section.’’.
SEC. 5. 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
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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. 6. CALISTA NATIVE 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 for the
Yupik Eskimos of Southwestern Alaska, which in-
cludes the majority of the Yukon Delta National
Wildlife Refuge—
(A) has responsibilities provided for by the
Alaska Native Claims Settlement Act to help
address social, cultural, economic, health, sub-
sistence, and related issues within the region
and among its villages, including the viability of
the villages themselves, many of which are re-
mote and isolated; and
(B) has been unable to fully carry out such
responsibilities;
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(3) the implementation of the exchange ref-
erenced in this subsection is essential to helping
Calista utilize its assets to carry out those respon-
sibilities and to realize the benefits of the Alaska
Native Claims Settlement Act;
(4) 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
102–172; and
(5) 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 of Public Law 102–172 (105 Stat. 1206) is amended
to read as follows:
‘‘SEC. 8126. (a)(1) In exchange for lands, partial es-
tates, and land selection rights identified in the document
entitled ‘The Calista Conveyance and Relinquishment
Document’, dated October 28, 1991, as amended Septem-
ber 22, 1998 (hereinafter referred to as ‘CCRD’), the
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United States will establish a property account for the
Calista Corporation, a corporation organized under the
laws of the State of Alaska, in the amount identified in
the CCRD, and in accordance with the provisions of this
Act.
‘‘(2) The CCRD contains the land descriptions of the
lands and interests in lands to be conveyed, the selections
to be relinquished, the charges to entitlement, the quantity
and class of entitlement to be transferred to the United
States, the terms of the Kuskokwim Corporation Con-
servation Easement, and the amount that is authorized
for the property account.
‘‘(3) The covenants, terms, and conditions to be used
in any transfers to the United States described in the
CCRD shall be binding on the United States and the par-
ticipating Native corporations and shall be a matter of
Federal law.
‘‘(b)(1) The aggregate values of such lands and inter-
ests in lands, together with compensation for the consider-
ations set forth in congressional findings concerning the
Calista Region and its villages, shall be the sum provided
in section IX of the CCRD. The amounts credited to the
property account described in this subsection shall not be
subject to adjustment for minor changes in acreage result-
ing from preparation or correction of the land descriptions
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in the CCRD or the exclusion of any small tracts of land
as a result of hazardous material surveys. The Secretary
of the Interior shall maintain an accounting of the lands
and interests in lands remaining to be conveyed or relin-
quished by Calista Corporation and the participating vil-
lage corporations pursuant to this section. The Secretary
of the Treasury on October 1, 1998, shall establish a prop-
erty account on behalf of Calista Corporation.
‘‘(2) The account shall be credited and available for
use as provided in paragraph (4), according to the follow-
ing schedule of percentages of the amount in section IX
of the CCRD:
‘‘(A) On October 1, 1999, and on October 1 of
each year thereafter through October 1, 2005, the
amount equal to 12.69 percent.
‘‘(B) On October 1, 2007, the amount equal to
11.17 percent.
‘‘(3)(A) Unless otherwise authorized by law, the ag-
gregate amount of all credits to the account, pursuant to
the schedule set forth in paragraph (2), shall be equal to
the amount in section IX of the CCRD.
‘‘(B) All amounts credited to the account shall be
from amounts in the Treasury not otherwise appropriated
and shall be available for expenditure without further ap-
propriation and without fiscal year limitation.
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‘‘(4) The property account may not be used until all
conveyances, relinquishments of selections, and adjust-
ments to entitlements described in the CCRD have been
made to and accepted by the United States. The Secretary
of the Interior shall notify the Secretary of the Treasury
when all requirements of the preceding sentence have been
met. Immediately thereafter the Secretary of the Treasury
shall comply with his duties under this paragraph includ-
ing the computations of the amount in the account, the
amount that may be expended in any particular Federal
fiscal year, and the balance of the account after any trans-
action. The property account may be used in the same
manner as any other property account held by any other
Alaska Native Corporation.
‘‘(5) Notwithstanding any other provision of law,
Calista Corporation on its own behalf or on behalf of the
village corporations identified in the CCRD, may assign
any or all of the account upon written notification to the
Secretary of the Treasury and the Secretary of the Inte-
rior.
‘‘(6) The Secretary of the Treasury shall notify the
Secretary of the Interior and Calista whenever there is a
reduction in the property account, the purpose for such
reduction and the remaining balance in the account. The
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Alaska State Office of the Bureau of Land Management
shall be the official repository of such notices.
‘‘(7) 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 that section, such revenues shall be calculated
in accordance with section IX of the CCRD.
‘‘(8) The United States shall not be liable for the re-
distribution of benefits by the Calista Corporation to the
participating Alaska Native village corporations pursuant
to this section.
‘‘(9) These transactions are not based on appraised
property values and therefore shall not be used as a prece-
dent for establishing property values.
‘‘(10) Prior to the issuance of any conveyance docu-
ments or relinquishments and acceptance, the Secretary
of the Interior and the participating Native corporations
may, by mutual agreement, modify the legal descriptions
included in the CCRD to correct clerical errors.
‘‘(11) Property located in the State of Alaska that
is purchased by use of the property account shall be con-
sidered and treated as conveyances of land selections
under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).
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‘‘(12) The conveyance of lands, partial estates and
land selection rights and relinquishment or adjustments
to entitlement made by the Alaska Native Corporations
pursuant to this section and the use of the property ac-
count in the Treasury shall be treated as the receipt of
land or any interest therein or cash in order to equalize
the values of properties exchanged pursuant to section
22(f) of the Alaska Native Claims Settlement Act (43
U.S.C. 1621(f)) as provided in the first sentence in section
21(c) of that Act (43 U.S.C. 1620(c)).
‘‘(13) With respect to the content of the CCRD, the
Secretary of the Interior, the Calista Regional Corpora-
tion, and the participating village corporations agree upon
the lands, interests in lands, relinquishments and adjust-
ments to entitlement described therein that may be offered
to the United States pursuant to this section. These par-
ties also agree with the amounts to be made available in
the 
property 
account 
once 
all 
conveyances 
and
relinquishments are completed, and the parties agree with
the needs set forth in the congressional findings in section
6(a) of the ANCSA Land Bank Protection Act of 1998.
The parties do not necessarily agree on the hortatory
statements, descriptions, and attributions of resource val-
ues which are included in the CCRD as drafted by Calista.
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But such disagreements will not affect the implementation
of this section.
‘‘(14) Descriptions of resource values provided for
surface lands which are not offered in the exchange and
will remain privately owned by village corporations form
no part of the consideration for the exchange.’’.
SEC. 7. 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. 8. 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—
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(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 during a fiscal year ending
after the date of enactment of this subparagraph, the reve-
nues received by a Regional Corporation shall not be sub-
ject to division under subparagraph (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. 9. 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 subsection
(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 other than as a result of
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reacquisition by the United States after January 3,
1959; and
‘‘(C) if any protest which is filed by the State
of Alaska pursuant to paragraph (5)(B) with respect
to the application is withdrawn or dismissed either
before, on, or after the date of the enactment of this
paragraph.
‘‘(8)(A) Any allotment application which is open and
pending and which is legislatively approved by enactment
of paragraph (7) shall, when allotted, be made subject to
any easement, trail, or right-of-way in existence on the
date of the Native allotment applicant’s commencement of
use and occupancy.
‘‘(B) The jurisdiction of the Secretary is extended to
make any factual determinations required to carry out this
paragraph.’’.
SEC. 10. 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’’.
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SEC. 11. LOCAL HIRE REPORT.
(a) IN GENERAL.—Not later than 18 months after
the date of enactment of this Act, the Secretary of the
Interior shall transmit to Congress a report.
(b) LOCAL HIRE.—The report required by subsection
(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.
SEC. 12. SHAREHOLDER BENEFITS.
Section 7 of the Alaskan Native Claims Settlement
Act (43 U.S.C. 1606) is amended by adding at the end
the following:
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‘‘(r) BENEFITS FOR SHAREHOLDERS OR IMMEDIATE
FAMILIES.—The authority of a Native Corporation to pro-
vide benefits to its shareholders who are Natives or de-
scendants of Natives or to its shareholders’ immediate
family members who are Natives or descendants of Na-
tives to promote the health, education, or welfare of such
shareholders or family members is expressly authorized
and confirmed. Eligibility for such benefits need not be
based on share ownership in the Native Corporation and
such benefits may be provided on a basis other than pro
rata based on share ownership.’’.
SEC. 13. SHAREHOLDER HOMESITE PROGRAM.
Section 39(b)(1)(B) of the Alaskan Native Claims
Settlement Act (43 U.S.C. 1629e(b)(1)(B)) is amended by
inserting after ‘‘settlor corporation’’ the following: ‘‘or the
land is conveyed for a homesite by the Trust to a bene-
ficiary of the Trust who is also a legal resident under Alas-
ka law of the Native village of the settlor corporation and
the conveyance does not exceed 1.5 acres’’.
SEC. 14. SHORT TITLE.
This Act may be cited as the ‘‘ANCSA Land Bank
Protection Act of 1998’’.
Passed the House of Representatives September 23,
1998.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 601
105TH CONGRESS
2D SESSION
H. R. 2000
AN ACT
To amend the Alaska Native Claims Settlement Act
to make certain clarifications to the land bank
protection provisions, and for other purposes.
SEPTEMBER 24, 1998
Received; read twice and placed on the calendar