I
106TH CONGRESS
1ST SESSION
H. R. 3090
To amend the Alaska Native Claims Settlement Act to restore certain lands
to the Elim Native Corporation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 1999
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 re-
store certain lands to the Elim Native Corporation, 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. ELIM NATIVE CORPORATION LAND RESTORA-
TION.
The Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) is amended by adding at the end the fol-
lowing new section:
‘‘ELIM NATIVE CORPORATION LAND RESTORATION
‘‘SEC. 42. (a) FINDINGS.—The Congress finds that—
in which to file its selection of no more than 60,000
acres of land from the area described in subsection
(c). The selection application shall be filed with the
Bureau of Land Management, shall describe a single
tract adjacent to U.S. Survey No. 2548, Alaska, and
shall be reasonably compact, contiguous, and in
whole sections except when separated by unavailable
land or when the remaining entitlement is less than
a whole section. The Elim Native Corporation shall
prioritize its selections made pursuant to this section
at the time such selections are filed, and such
prioritization shall be irrevocable. Any lands selected
shall remain withdrawn until conveyed or full entitle-
ment has been achieved.
‘‘(2)(A) The selection filed by the Elim Native
Corporation pursuant to this section shall be subject
to valid existing rights and may not supersede prior
selections of the State of Alaska, any Native cor-
poration, or valid entries of any private individual
unless such selection or entry is relinquished prior to
any selection by the Elim Native Corporation. Any
lands held within the exterior boundaries of lands
conveyed to the Elim Native Corporation shall have
all rights of ingress and egress to be vested in the
inholder and the inholder’s agents, employees, co-
venturers, licensees, or subsequent grantees, and
such easements shall be reserved in the conveyance
to the Elim Native Corporation. Public Land Order
5563 of December 16, 1975, is hereby modified to
extend to the lands withdrawn pursuant to this sec-
tion and the Secretary is authorized, at the Sec-
retary’s discretion, to permit selections and convey-
ances of hot or medicinal springs (referred to herein
as ‘hot springs’) pursuant to this section.
‘‘(B) If any lands are conveyed to Elim Native
Corporation which are also subject to withdrawal for
hot springs under this section, there shall be in the
conveyance the following rights reserved to the
United States, covenants, and conditions:
‘‘(i) The right of ingress and egress over
easements under 17(b) of this Act for the pub-
lic to visit the hot springs for noncommercial
purposes and to use any part of the hot springs
that is not commercially developed.
‘‘(ii) The right of the United States to
enter upon the lands for the purpose of con-
ducting scientific research and to use the re-
sults of such research without compensation to
Elim Native Corporation.
‘‘(iii) A covenant running with the land
that commercial development of the hot springs
by Elim Native Corporation or its successors,
assigns, or grantees shall include the right to
develop a maximum of 15 percent of the land
upon which the hot springs are located and the
land within 1⁄4 mile of the land upon which the
hot springs are located.
‘‘(C) The Secretary is authorized to negotiate
with Elim Native Corporation a memorandum of un-
derstanding to implement the provisions of this
paragraph.
‘‘(3) The Bureau of Land Management shall re-
serve easements to the United States for the benefit
of the public pursuant to section 17(b) of this Act
in the conveyance to the Elim Native Corporation.
‘‘(4) The Bureau of Land Management may re-
serve an easement for the Iditarod National Historic
Trail in the conveyance to the Elim Native Corpora-
tion.
‘‘(e) FINALITY OF SELECTIONS.—Selection by the
Elim Native Corporation of lands under subsection (d)
and final conveyance of those lands to Elim Native Cor-
poration shall constitute full satisfaction of any claim of
entitlement of the Elim Native Corporation with respect
to its land entitlements under section 19(b).
‘‘(f) IMPLEMENTATION.—There are authorized to be
appropriated such sums as may be necessary to implement
this section.’’.
SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.
Section 7(h)(1)(C)(iii) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(h)(1)(C)(iii)) is amended
by inserting before the period at the end the following:
‘‘, notwithstanding an adoption, relinquishment, or termi-
nation of parental rights that may have altered or severed
the legal relationship between the gift donor and recipi-
ent’’.
SEC. 3. DEFINITION OF SETTLEMENT TRUST.
Section 3(t)(2) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602(t)(2)) is amended by striking
‘‘sole’’ and all that follows through ‘‘Stock’’ and inserting
‘‘benefit of shareholders, Natives, and descendants of Na-
tives,’’.
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