I
103D CONGRESS
1ST SESSION
H. R. 3612
To amend the Alaska Native Claims Settlement Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 21, 1993
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To amend the Alaska Native Claims Settlement Act, 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. RESCISSION OF RELINQUISHMENT.
Section 12 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611) is amended by adding at the end
the following:
‘‘(f) The Secretary of the Interior shall develop proce-
dures under which a rescission of a relinquishment of a
parcel of land properly selected pursuant to this Act may
be made before adjudication with respect to that parcel
and conveyance to a third party.’’.
SEC. 2. KAGEET POINT LAND SELECTION.
The following lands shall be treated as acreage allot-
ted to the Chugach Alaska Corporation for the purpose
of making selections under section 12(c) of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1611(c)): those
lands contained within the west half of Township 21
South, Range 24 East, Copper River Meridian, commonly
known as ‘‘Kageet Point’’.
SEC. 3. RATIFICATION OF CERTAIN CASWELL AND MON-
TANA CREEK NATIVE ASSOCIATIONS CON-
VEYANCES.
The conveyance of approximately 11,520 acres to
Montana Creek Native Association, Inc., and the convey-
ance of approximately 11,520 acres to Caswell Native As-
sociation, Inc., by Cook Inlet Region, Inc. In fulfillment
of the agreement of February 3, 1976, and subsequent
letter agreement of March 26, 1982, among the three par-
ties are hereby adopted and ratified as a matter of Federal
law. These conveyances shall be deemed to be conveyances
pursuant to section 14(h)(2) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(2)). The group cor-
porations for Montana Creek and Caswell are hereby de-
clared to have received their full entitlement and shall not
be entitled to the receipt of any additional lands under
the Alaska Native Claims Settlement Act.
SEC. 4. MINING CLAIMS AFTER LANDS PATENTED TO RE-
GIONAL CORPORATION.
Section 22(c) of Alaska Native Claims Settlement Act
(43 U.S.C. 1621(c)) is amended by adding at the end the
following:
‘‘(3) After the fee or subsurface lands subject to a
valid mining claim have been patented to a Regional Cor-
poration—
‘‘(A) any person holding such valid mining
claim shall continue to meet all requirements of the
general mining laws and section 314 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1744);
‘‘(B) the administration of the mining claim
shall continue to be by the United States, unless the
Secretary, acting through the Bureau of Land Man-
agement, waives administration in favor of the Re-
gional Corporation; and
‘‘(C) all revenues from the mining claim other-
wise due the United States shall be remitted to the
Regional Corporation for distribution pursuant to
section 7(i) of this Act, except that in the event that
the Regional Corporation patent does not cover all
land embraced within the mining claim, the Regional
Corporation shall be entitled only to that proportion
of revenues reasonably allocated to the portion of the
mining claim so covered.’’.
SEC. 5. SETTLEMENT OF CLAIMS ARISING FROM CONTAMI-
NATION OF TRANSFERRED LANDS.
(a) IN GENERAL.—The Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) is amended by adding
at the end the following:
‘‘CLAIMS ARISING FROM CONTAMINATION OF
TRANSFERRED LANDS
‘‘SEC. 40. (a) As used in this section:
‘‘(1) The term ‘contaminant’ means substances
harmful to public health or the environment, includ-
ing asbestos.
‘‘(2) The term ‘lands’ means real property
transferred to a Native Corporation pursuant to this
Act.
‘‘(b)(1) Not later than one year after being notified
by a Native Corporation of contaminants on lands, the
Secretary shall reach a settlement with the Native Cor-
poration that provides for—
‘‘(A) the removal of all contaminants left by the
United States, an agent of the United States, or a
lessee, from the transferred lands; or
‘‘(B) the replacement of the lands containing
contaminants in accordance with paragraph (2).
‘‘(2) If the settlement reached pursuant to paragraph
(1) provides for the replacement of lands containing con-
taminants in accordance with paragraph (1)(B), the Sec-
retary shall—
‘‘(A) accept title to the lands containing con-
taminants from the Native Corporation; and
‘‘(B) replace the lands by conveying to the Na-
tive Corporation—
‘‘(i) other lands, from unreserved, vacant,
and unappropriated public lands, in accordance
with section 1302(h) of the Alaska National In-
terest Lands Conservation Act (16 U.S.C.
3192(h)); or
‘‘(ii) other lands, interests in lands, or
rights available under this Act, pursuant to
such authority, and under such terms with re-
spect to value and acreage, as governed the
original conveyance.
‘‘(c) The United States shall—
‘‘(1) assume all past, present, and future liabil-
ities and obligations arising from the original trans-
fer of contaminated lands; and
‘‘(2) defend and hold harmless Native Corpora-
tions in all claims arising from the original transfer
of contaminated lands.’’.
(b) PENDING TRANSFERS.—Nothing in the amend-
ment made by subsection (a) is intended to impede or
delay any transfer of lands under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) that is
pending on the date of enactment of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE
PURPOSES OF IMPLEMENTING REQUIRED
RECONVEYANCES.
Section 14(c) of Alaska Native Claims Settlement Act
(43 U.S.C. 1613(c)) is amended by adding at the end the
following:
‘‘There is authorized to be appropriated such sums as may
be necessary for the purpose of providing technical assist-
ance to Village Corporations in carrying out this sub-
section. The Secretary may provide amounts appropriated
pursuant to this subsection through contracts to nonprofit
organizations whose function is to provide technical assist-
ance in planning, developing, and administering assistance
to Village Corporations in fulfilling their requirements
under this subsection.’’.
SEC. 7. COMMUNITY NEED.
Section 14(c)(3) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1613(c)(3)) is amended—
(1) by striking ‘‘community needs: Provided,’’
and inserting ‘‘community needs: Provided, That the
Village Corporation need not convey any particular
lands unless the Municipal Corporation or the State
in trust shows that those lands are necessary for
community expansion, rights-of-way, or other fore-
seeable community needs: Provided further,’’; and
(2) by inserting after ‘‘one thousand two hun-
dred and eighty acres:’’ the following: ‘‘Provided fur-
ther, That if the improved lands owned by the Vil-
lage Corporation within the Native Village plus the
Village Corporation lands that are shown to be nec-
essary for community expansion, rights-of-way, or
other foreseeable community needs amount to less
than 1,280 acres, and if the Municipal Corporation
or the State in trust cannot reach a written agree-
ment with the Village Corporation, then the Village
Corporation shall have the discretion to designate
which additional lands shall be conveyed to bring the
total conveyance to 1,280 acres:’’.
SEC. 8. NATIVE ALLOTMENTS.
Section 1431(o) of the Alaska National Interest
Lands Conservation Act (94 Stat. 2542) is amended by
adding at the end the following:
‘‘(5) Following the exercise by Arctic Slope Regional
Corporation of its option under paragraph (1) to acquire
the subsurface estate beneath lands within the National
Petroleum Reserve—Alaska selected by a Village Corpora-
tion, where such subsurface estate entirely surrounds
lands subject to a Native allotment application approved
under section 905 of this Act, and the oil and gas in such
lands have been reserved to the United States, Arctic
Slope Regional Corporation, at its further option, shall be
entitled to receive a conveyance of the reserved oil and
gas, including all rights and privileges therein reserved to
the United States, in such lands. Upon the receipt of a
conveyance of such oil and gas interests, the entitlement
of Arctic Slope Regional Corporation to in-lieu subsurface
lands under section 12(a)(1) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(a)(1)) shall be reduced
by the amount of acreage determined by the Secretary to
be conveyed to Arctic Slope Regional Corporation pursu-
ant to this paragraph.’’.
SEC. 9. OPEN SEASON FOR CERTAIN NATIVE ALASKAN VET-
ERANS FOR ALLOTMENTS.
(a) IN GENERAL.—During the one-year period begin-
ning on the date of enactment of this Act, an individual
described in subsection (b) is eligible for an allotment of
not to exceed 160 acres under the Act of May 17, 1906
(Chapter 2469; 34 Stat. 197), as such Act was in effect
before December 18, 1971. The Secretary shall prescribe
such rules as may be necessary to carry out this section.
(b) ELIGIBLE INDIVIDUALS.—(1) An individual is eli-
gible under subsection (a) if the individual would have
been eligible under the Act of May 17, 1906 (Chapter
2469; 34 Stat. 197), as such Act was in effect before De-
cember 18, 1971, and the individual is a veteran of the
Korean conflict or the Vietnam era.
(2) In the case of an individual described in para-
graph (1) who is deceased, the heirs of the individual shall
be treated as the individual described in paragraph (1).
(c) CONVEYANCE DEADLINE.—The Secretary of the
Interior shall complete land conveyances pursuant to this
section within one year after the end of the period referred
to in subsection (a).
(d) DEFINITIONS.—For the purposes of this section,
the terms ‘‘veteran’’, ‘‘Korean conflict’’, and ‘‘Vietnam
era’’ have the meaning given such terms by paragraphs
(2), (9), and (29), respectively, of section 101 of title 38,
United States Code.
SEC. 10. LAPSED MINING CLAIMS.
Section 22(c)(2)(A) of the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1621(c)(2)(A)) is amended—
(1) in clause (i)—
(A) by striking ‘‘outside the boundaries of
a conservation system unit (as such term is de-
fined in the Alaska National Interest Lands
Conservation Act) and’’; and
(B) by striking ‘‘The Secretary shall
promptly determine the validity of such claims
or locations within conservation system units.’’;
and
(2) in clause (ii), by striking ‘‘outside a con-
servation system unit’’ both places it appears.
SEC. 11. TRANSFER OF WRANGELL INSTITUTE.
(a) PROPERTY TRANSFER.—Cook Inlet Region, In-
corporated, is authorized to transfer to the United States
and the General Services Administration shall accept an
approximately 10-acre site of the Wrangell Institute in
Wrangell, Alaska, and the structures contained thereon.
(b) RESTORATION OF PROPERTY CREDITS.—
(1) IN
GENERAL.—In exchange for the land
and structures transferred under subsection (a),
property bidding credits in the total amount of
$382,305, and in addition, interest calculated in ac-
cordance with paragraph (2), shall be restored to the
Cook Inlet Region, Incorporated, property account in
the Treasury established under section 12(b) of the
Act of January 2, 1976 (Public Law 94–204; 43
U.S.C. 1611 note), referred to in such section as the
‘‘Cook Inlet Region, Incorporated, property ac-
count.’’ Property bidding credits sufficient to reim-
burse Cook Inlet Region for all legal and other ex-
penses incurred due to the return of this property,
shall also be added to the property account provided
that all such credits restored or added to the prop-
erty account shall be used solely for the acquisition
or purchase of General Services Administration
properties.
(2) CALCULATIONS OF INTEREST.—The inter-
est credited to the Cook Inlet Region, Incorporated,
property account shall be compounded semiannually
and calculated at the same interest rate as that of
5-year Treasury bonds issued by the United States
Treasury on or about November 2, 1987. The inter-
est shall be calculated on a principal amount equal
to the property bidding credits restored to the prop-
erty account under paragraph (1), and shall be for
the time period from November 2, 1987, to the date
of conveyance of the land and buildings to the Unit-
ed States.
(3) HOLD HARMLESS.—The United States shall
defend and hold harmless Cook Inlet Region, Incor-
porated, and its subsidiaries in any and all claims
arising from Federal or Cook Inlet Region, Incor-
porated, ownership of the land and structures prior
to their return to the United States.
Æ