IIB
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 SENATE OF THE UNITED STATES
NOVEMBER 10, 1999
Received
NOVEMBER 19, 1999
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
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,
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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.
Section 19 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1618) is amended by adding at the end
the following new subsection:
‘‘(c)(1) FINDINGS.—The Congress finds that—
‘‘(A) approximately 350,000 acres of land were
withdrawn by Executive orders in 1917 for the use
of the United States Bureau of Education and of
the Natives of Indigenous Alaskan race;
‘‘(B) these lands comprised the Norton Bay
Reservation (later referred to as Norton Bay Native
Reserve) and were set aside for the benefit of the
Native inhabitants of the Eskimo Village of Elim,
Alaska;
‘‘(C) in 1929, 50,000 acres of land were deleted
from the Norton Bay Reservation by Executive
order.
‘‘(D) the lands were deleted from the Reserva-
tion for the benefit of others;
‘‘(E) the deleted lands were not available to the
Native inhabitants of Elim under subsection (b) of
this section at the time of passage of this Act;
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‘‘(F) the deletion of these lands has been and
continues to be a source of deep concern to the in-
digenous people of Elim; and
‘‘(G) until this matter is dealt with, it will con-
tinue to be a source of great frustration and sense
of loss among the shareholders of the Elim Native
Corporation and their descendants.
‘‘(2) WITHDRAWAL.—The lands depicted and des-
ignated ‘Withdrawal Area’ on the map dated October 19,
1999, along with their legal descriptions, on file with the
Bureau of Land Management, and entitled ‘Land With-
drawal Elim Native Corporation’, are hereby withdrawn,
subject to valid existing rights, from all forms of appro-
priation or disposition under the public land laws, includ-
ing the mining and mineral leasing laws, for a period of
2 years from the date of the enactment of this subsection,
for selection by the Elim Native Corporation (hereinafter
referred to as ‘Elim’).
‘‘(3) AUTHORITY TO SELECT AND CONVEY.—Elim is
authorized to select in accordance with the rules set out
in this paragraph, 50,000 acres of land (hereinafter re-
ferred to as ‘Conveyance Lands’) within the boundary of
the Withdrawal Area described in paragraph (2). The Sec-
retary is authorized and directed to convey to Elim in fee
the surface and subsurface estates to 50,000 acres of valid
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selections in the Withdrawal Area, subject to the cov-
enants, reservations, terms and conditions and other pro-
visions of this subsection.
‘‘(A) Elim shall have 2 years from the date of
the enactment of this subsection in which to file its
selection of no more than 60,000 acres of land from
the area described in paragraph (2). The selection
application shall be filed with the Bureau of Land
Management, Alaska State Office, shall describe a
single tract adjacent to United States Survey No.
2548, Alaska, and shall be reasonably compact, con-
tiguous, and in whole sections except when separated
by unavailable land or when the remaining entitle-
ment is less than a whole section. Elim shall
prioritize its selections made pursuant to this sub-
section at the time such selections are filed, and
such prioritization shall be irrevocable. Any lands se-
lected shall remain withdrawn until conveyed or full
entitlement has been achieved.
‘‘(B) The selection filed by Elim pursuant to
this subsection shall be subject to valid existing
rights and may not supercede prior selections of the
State of Alaska, any Native corporation, or valid en-
tries of any private individual unless such selection
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or entry is relinquished, rejected, or abandoned prior
to conveyance to Elim.
‘‘(C) Upon receipt of the Conveyance Lands,
Elim shall have all legal rights and privileges as
landowner, subject only to the covenants, reserva-
tions, terms and conditions specified in this sub-
section.
‘‘(D) Selection by Elim of lands under this sub-
section and final conveyance of those lands to Elim
shall constitute full satisfaction of any claim of enti-
tlement of Elim with respect to its land entitlement.
‘‘(4) COVENANTS, RESERVATIONS, TERMS, AND CON-
DITIONS.—The covenants, reservations, terms and condi-
tions set forth in this paragraph and in paragraphs (5)
and (6) with respect to the Conveyance Lands shall run
with the land and shall be incorporated into the interim
conveyance, if any, and patent conveying the lands to
Elim.
‘‘(A) Consistent with paragraph (3)(C) and
subject to the applicable covenants, reservations,
terms, and conditions contained in this paragraph
and paragraphs (5) and (6), Elim shall have all
rights to the timber resources of the Conveyance
Lands for any use including, but not limited to, con-
struction of homes, cabins, for firewood and other
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domestic uses on any Elim lands: Provided, That
cutting and removal of Merchantable Timber from
the Conveyance Lands for sale shall not be per-
mitted: Provided further, That Elim shall not con-
struct roads and related infrastructure for the sup-
port of such cutting and removal of timber for sale
or permit others to do so. ’Merchantable Timber’
means timber that can be harvested and marketed
by a prudent operator.
‘‘(B) Public Land Order 5563 of December 16,
1975, which made hot or medicinal springs available
to other Native Corporations for selection and con-
veyance, is hereby modified to the extent necessary
to permit the selection by Elim of the lands here-
tofore encompassed in any withdrawal of hot or me-
dicinal springs and is withdrawn pursuant to this
subsection. The Secretary is authorized and directed
to convey such selections of hot or medicinal springs
(hereinafter referred to as ‘hot springs’) subject to
applicable covenants, reservations, terms and condi-
tions contained in paragraphs (5) and (6).
‘‘(C) Should Elim select and have conveyed to
it lands encompassing portions of the Tubutulik
River or Clear Creek, or both, Elim shall not permit
surface occupancy or knowingly permit any other ac-
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tivity on those portions of land lying within the bed
of or within 300 feet of the ordinary high waterline
of either or both of these water courses for purposes
associated with mineral or other development or ac-
tivity if they would cause or are likely to cause ero-
sion or siltation of either water course to an extent
that would significantly adversely impact water qual-
ity or fish habitat.
‘‘(5) RIGHTS RETAINED BY THE UNITED STATES.—
With respect to conveyances authorized in paragraph (3),
the following rights are retained by the United States:
‘‘(A) To enter upon the conveyance lands, after
providing reasonable advance notice in writing to
Elim and after providing Elim with an opportunity
to have a representative present upon such entry, in
order to achieve the purpose and enforce the terms
of this paragraph and paragraphs (4) and (6).
‘‘(B) To have, in addition to such rights held by
Elim, all rights and remedies available against per-
sons, jointly or severally, who cut or remove Mer-
chantable Timber for sale.
‘‘(C) In cooperation with Elim, the right, but
not the obligation, to reforest in the event previously
existing Merchantable Timber is destroyed by fire,
wind, insects, disease, or other similar manmade or
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natural occurrence (excluding manmade occurrences
resulting from the exercise by Elim of its lawful
rights to use the Conveyance Lands).
‘‘(D) The right of ingress and egress over ease-
ments under section 17(b) for the public to visit, for
noncommercial purposes, hot springs located on the
Conveyance Lands and to use any part of the hot
springs that is not commercially developed.
‘‘(E) The right to enter upon the lands con-
taining hot springs for the purpose of conducting
scientific research on such hot springs and to use
the results of such research without compensation to
Elim. Elim shall have an equal right to conduct re-
search on the hot springs and to use the results of
such research without compensation to the United
States.
‘‘(F) A covenant that commercial development
of the hot springs by Elim or its successors, assigns,
or grantees shall include the right to develop only a
maximum of 15 percent of the hot springs and any
land within 1⁄4 mile of the hot springs. Such com-
mercial development shall not alter the natural hy-
drologic or thermal system associated with the hot
springs. Not less than 85 percent of the lands within
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1⁄4 mile of the hot springs shall be left in their nat-
ural state.
‘‘(G) The right to exercise prosecutorial discre-
tion in the enforcement of any covenant, reservation,
term or condition shall not waive the right to enforce
any covenant, reservation, term or condition.
‘‘(6) GENERAL.—
‘‘(A) MEMORANDUM
OF
UNDERSTANDING.—
The Secretary and Elim shall, acting in good faith,
enter into a Memorandum of Understanding (herein-
after referred to as the ‘MOU’) to implement the
provisions of this subsection. The MOU shall include
among its provisions reasonable measures to protect
plants and animals in the hot springs on the Con-
veyance Lands and on the land within 1⁄4 mile of the
hot springs. The parties shall agree to meet periodi-
cally to review the matters contained in the MOU
and to exercise their right to amend, replace, or ex-
tend the MOU. Such reviews shall include the au-
thority to relocate any of the easements set forth in
subparagraph (D) if the parties deem it advisable.
‘‘(B) INCORPORATION OF TERMS.—Elim shall
incorporate the covenants, reservations, terms and
conditions, in this subsection in any deed or other
legal instrument by which it divests itself of any in-