448
Subtitle I—Technical Corrections
and Miscellaneous Provisions
SEC. 1391. TECHNICAL CORRECTIONS.
(a) REDUCTION OF WAITING PERIOD FOR OBLIGA-
TION OF FUNDS PROVIDED UNDER RECLAMATION SAFE-
TY OF DAMS ACT OF1978.—Section 5 of the Reclamation
Safety of Dams Act of 1978 (92 Stat. 2471; 43 U.S.C.
509) is amended by striking ‘‘sixty days’’ and all that fol-
lows through ‘‘day certain)’’ and inserting ‘‘30 calendar
days’’.
(b) ALBUQUERQUE METROPOLITAN AREA RECLAMA-
TION AND REUSE PROJECT.—Section 1621 of the Rec-
lamation Projects Authorization and Adjustment Act of
1992, as added by section 2(a)(2) of the Reclamation Re-
cycling and Water Conservation Act of 1996 (110 Stat.
3292; 43 U.S.C. 390h–12g), is amended—
(1) in the heading by striking ‘‘STUDY’’ and in-
serting ‘‘PROJECT’’; and
(2) in subsection (a)—
(A) by inserting ‘‘the planning, design, and
construction of’’ after ‘‘participate in’’;
(B) by striking ‘‘Study’’ and inserting
‘‘Project’’; and
(C) by inserting ‘‘and nonpotable surface
water’’ after ‘‘impaired groundwater’’.
449
(c) PHOENIX METROPOLITAN WATER RECLAMATION
AND REUSE PROJECT.—Section 1608 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (106
Stat. 4666; 43 U.S.C. 390h–6) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) The Secretary, in cooperation with the city of
Phoenix, Arizona, shall participate in the planning, design,
and construction of the Phoenix Metropolitan Water Rec-
lamation and Reuse Project to utilize fully wastewater
from the regional wastewater treatment plant for direct
municipal, industrial, agricultural, and environmental pur-
poses, groundwater recharge, and indirect potable reuse
in the Phoenix metropolitan area.’’;
(2) in subsection (b) by striking the first sen-
tence; and
(3) by striking subsection (c).
(d) REFUND
OF
CERTAIN
AMOUNTS
RECEIVED
UNDER RECLAMATION REFORM ACT OF 1982.—
(1) REFUND REQUIRED.—Subject to paragraph
(2) and the availability of appropriations, the Sec-
retary of the Interior shall refund fully amounts re-
ceived by the United States as collections under sec-
tion 224(i) of the Reclamation Reform Act of 1982
(101 Stat. 1330–268; 43 U.S.C. 390ww(i)) for paid
450
bills (including interest collected) issued by the Sec-
retary of the Interior before January 1, 1994, for
full-cost charges that were assessed for failure to file
certain certification forms under sections 206 and
224(c) of such Act (96 Stat. 1266, 1272; 43 U.S.C.
390ff, 390ww(c)).
(2) ADMINISTRATIVE FEE.—In the case of a re-
fund of amounts collected in connection with sec-
tions 206 and 224(c) of the Reclamation Reform Act
of 1982 (96 Stat. 1266, 1272; 43 U.S.C. 390ff,
390ww(c)) with respect to any water year after the
1987 water year, the amount refunded shall be re-
duced by an administrative fee of $260 for each oc-
currence.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $3,000,000.
(e) EXTENSION OF PERIODS FOR REPAYMENTS FOR
NUECES RIVER RECLAMATION PROJECT AND CANADIAN
RIVER RECLAMATION PROJECT, TEXAS.—Section 2 of the
Emergency Drought Relief Act of 1996 (Public Law 104–
318; 110 Stat. 3862) is amended by adding at the end
the following new subsection:
‘‘(c) EXTENSION OF PERIODS FOR REPAYMENT.—
Notwithstanding any provision of the Reclamation Project
451
Act of 1939 (43 U.S.C. 485 et seq.), the Secretary of the
Interior—
‘‘(1) shall extend the period for repayment by
the city of Corpus Christi, Texas, and the Nueces
River Authority under contract No. 6–07–01–
X0675, relating to the Nueces River reclamation
project, Texas, until—
‘‘(A) August 1, 2029, for repayment pur-
suant to the municipal and industrial water
supply benefits portion of the contract; and
‘‘(B) until August 1, 2044, for repayment
pursuant to the fish and wildlife and recreation
benefits portion of the contract; and
‘‘(2) shall extend the period for repayment by
the Canadian River Municipal Water Authority
under contract No. 14–06–500–485, relating to the
Canadian River reclamation project, Texas, until Oc-
tober 1, 2021.’’.
(f) SOLANO PROJECT WATER.—
(1) AUTHORIZATION.—The Secretary of the In-
terior is authorized to enter into contracts with the
Solano County Water Agency, or any of its member
unit contractors for water from the Solano Project,
California, pursuant to the Act of February 21,
1911 (43 U.S.C. 523), for—
452
(A) the impounding, storage, and carriage
of nonproject water for domestic, municipal, in-
dustrial, and other beneficial purposes, using
any facilities associated with the Solano
Project, California, and
(B) the exchange of water among Solano
Project contractors, for the purposes set forth
in subparagraph (A), using facilities associated
with the Solano Project, California.
(2) LIMITATION.—The authorization under
paragraph (1) shall be limited to the use of that por-
tion of the Solano Project facilities downstream of
Mile 26 of the Putah South Canal (as that canal is
depicted on the official maps of the Bureau of Rec-
lamation), which is below the diversion points on the
Putah South Canal utilized by the city of Fairfield
for delivery of Solano Project water.
(g) FISH PASSAGE AND PROTECTIVE FACILITIES,
ROGUE RIVER BASIN, OREGON.—The Secretary of the In-
terior is authorized to use otherwise available amounts to
provide up to $2,000,000 in financial assistance to the
Medford Irrigation District and the Rogue River Valley
Irrigation District for the design and construction of fish
passage and protective facilities at North Fork Little
Butte Creek Diversion Dam and South Fork Little Butte
453
Creek Diversion Dam in the Rogue River basin, Oregon,
if the Secretary determines in writing that these facilities
will enhance the fish recovery efforts currently underway
at the Rogue River Basin Project, Oregon.
SEC. 1392. AUTHORIZATION TO CONSTRUCT TEMPERATURE
CONTROL DEVICES.
(a) FOLSOM DAM.—The Secretary of the Interior is
hereby authorized to construct in accordance with the
draft environmental impact statement/environmental im-
pact report for the Central Valley Supply contracts under
Public Law 101–514 (section 206) and the report entitled
‘‘Assessment of the Beneficial and Adverse Impacts of Op-
erating a Temperature Control Device (TCD) at the
Water Supply Intakes of Folsom Dam’’, a temperature
control device on Folsom Dam and necessary associated
temperature monitoring facilities. The temperature control
device and said associated temperature monitoring facili-
ties shall be operated as an integral part of the Central
Valley Project for the benefit and propagation of fall-run
chinook salmon and steelhead trout in the American River,
California.
(b) DEVICE ON NON-CVP FACILITIES.—The Sec-
retary of the Interior is hereby authorized to construct or
assist in the construction of 1 or more temperature control
devices on existing non-Federal facilities delivering Cen-
455
SEC. 1393. COLUSA BASIN WATERSHED INTEGRATED RE-
SOURCES MANAGEMENT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Colusa Basin Watershed Integrated Resources Manage-
ment Act’’.
(b) AUTHORIZATION
OF
ASSISTANCE.—The Sec-
retary of the Interior (in this section referred to as the
‘‘Secretary’’) may provide financial assistance to the
Colusa Basin Drainage District, California (in this section
referred to as the ‘‘District’’), for use by the District or
by local agencies acting pursuant to section 413 of the
State of California statute known as the Colusa Basin
Drainage Act (California Stats. 1987, ch. 1399), as in ef-
fect on the date of the enactment of this Act (in this sec-
tion referred to as the ‘‘State statute’’), for planning, de-
sign, environmental compliance, and construction required
in carrying out eligible projects in the Colusa Basin Wa-
tershed to—
(1)(A) reduce the risk of damage to urban and
agricultural areas from flooding or the discharge of
drainage water or tailwater;
(B) assist in groundwater recharge efforts to al-
leviate overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and
riparian habitat; and
456
(2) capture, as an incidental purpose of any of
the purposes referred to in paragraph (1), surface or
stormwater for conservation, conjunctive use, and in-
creased water supplies.
(c) PROJECT SELECTION.—
(1) ELIGIBLE PROJECTS.—A project shall be an
eligible project for purposes of subsection (b) only if
it is—
(A) identified in the document entitled
‘‘Colusa Basin Water Management Program’’,
dated February 1995; and
(B) carried out in accordance with that
document and all environmental documentation
requirements that apply to the project under
the laws of the United States and the State of
California.
(2) COMPATIBILITY REQUIREMENT.—The Sec-
retary shall ensure that projects for which assistance
is provided under this section are not inconsistent
with watershed protection and environmental res-
toration efforts being carried out under the author-
ity of the Central Valley Project Improvement Act
(Public Law 102–575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.
(d) COST SHARING.—
457
(1) 
NON-FEDERAL
SHARE.—The 
Secretary
shall require that the District and cooperating non-
Federal agencies or organizations pay—
(A) 25 percent of the costs associated with
construction of any project carried out with as-
sistance provided under this section; and
(B) 100 percent of any operation, mainte-
nance, and replacement and rehabilitation costs
with respect to such a project.
(2) PLANNING, DESIGN, AND COMPLIANCE AS-
SISTANCE.—Funds appropriated pursuant to this
section may be made available to fund all costs in-
curred for planning, design, and environmental com-
pliance activities by the District or by local agencies
acting pursuant to the State statute, in accordance
with agreements with the Secretary.
(3) TREATMENT
OF
CONTRIBUTIONS.—For
purposes of this subsection, the Secretary shall treat
the value of lands, interests in lands (including
rights-of-way and other easements), and necessary
relocations contributed by the District to a project
as a payment by the District of the costs of the
project.
(e) COSTS NONREIMBURSABLE.—Amounts expended
pursuant to this section shall be considered nonreimburs-
458
able for purposes of the Act of June 17, 1902 (32 Stat.
388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof
and supplemental thereto.
(f) AGREEMENTS.—Funds appropriated pursuant to
this section may be made available to the District or a
local agency only if the District or local agency, as applica-
ble, has entered into a binding agreement with the Sec-
retary—
(1) under which the District or the local agency
is required to pay the non-Federal share of the costs
of construction required by subsection (d)(1); and
(2) governing the funding of planning, design,
and compliance activities costs under subsection
(d)(2).
(g) REIMBURSEMENT.—For project work (including
work associated with studies, planning, design, and con-
struction) carried out by the District or by a local agency
acting pursuant to the State statute referred to in sub-
section (b) before the date amounts are provided for the
project under this section, the Secretary shall, subject to
amounts being made available in advance in appropria-
tions Acts, reimburse the District or the local agency,
without interest, an amount equal to the estimated Fed-
eral share of the cost of such work under subsection (d).
(h) COOPERATIVE AGREEMENTS.—
459
(1) IN
GENERAL.—The Secretary may enter
into cooperative agreements and contracts with the
District to assist the Secretary in carrying out the
purposes of this section.
(2) SUBCONTRACTING.—Under such coopera-
tive agreements and contracts, the Secretary may
authorize the District to manage and let contracts
and receive reimbursements, subject to amounts
being made available in advance in appropriations
Acts, for work carried out under such contracts or
subcontracts.
(i) RELATIONSHIP TO RECLAMATION REFORM ACT
OF 1982.—Activities carried out, and financial assistance
provided, under this section shall not be considered a sup-
plemental or additional benefit for purposes of the Rec-
lamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C.
390aa et seq.).
(j) APPROPRIATIONS AUTHORIZED.—There are au-
thorized to be appropriated to the Secretary to carry out
this section $25,000,000, plus such additional amount, if
any, as may be required by reason of changes in costs of
services of the types involved in the District’s projects as
shown by engineering and other relevant indexes. Sums
appropriated under this subsection shall remain available
until expended.
460
TITLE XIV—PROVISIONS
SPECIFIC TO ALASKA
Subtitle A—Land Exchange Near
Gustavus and Related Provisions
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ‘‘Glacier Bay Na-
tional Park Boundary Adjustment Act of 1998’’.
SEC. 1402. LAND EXCHANGE AND WILDERNESS DESIGNA-
TION.
(a) IN GENERAL.—(1) Subject to conditions set forth
in subsection (c), if the State of Alaska, in a manner con-
sistent with this subtitle, offers to transfer to the United
States the lands identified in paragraph (4) in exchange
for the lands identified in paragraph (3), selected from
the area described in section 1403(b)(1), the Secretary of
the Interior (in this subtitle referred to as the ‘‘Sec-
retary’’) shall complete such exchange no later than 6
months after the issuance of a license to Gustavus Electric
Company by the Federal Energy Regulatory Commission
(in this subtitle referred to as ‘‘FERC’’), in accordance
with this subtitle. This land exchange shall be subject to
the laws applicable to exchanges involving lands managed
by the Secretary as part of the National Park System in
Alaska and the appropriate process for the exchange of
State lands required by State law.
461
(2) The lands to be conveyed to the United States
by the State of Alaska shall be determined by mutual
agreement of the Secretary and the State of Alaska.
Lands that will be considered for conveyance to the United
States pursuant to the process required by State law are
lands owned by the State of Alaska in the Long Lake area
within Wrangell-St. Elias National Park and Preserve, or
other lands owned by the State of Alaska.
(3) If the Secretary and the State of Alaska have not
agreed on which lands the State of Alaska will convey by
a date not later than 6 months after a license is issued
pursuant to this subtitle, the United States shall accept,
within 1 year after a license is issued, title to land having
a sufficiently equal value to satisfy State and Federal law,
subject to clear title and valid existing rights, and absence
of environmental contamination, and as provided by the
laws applicable to exchanges involving lands managed by
the Secretary as part of the National Park System in Alas-
ka and the appropriate process for the exchange of State
lands required by State law. Such land shall be accepted
by the United States, subject to the other provisions of
this subtitle, from among the following State lands in the
priority listed:
COPPER RIVER MERIDIAN
(A) T.6 S., R. 12 E., partially surveyed, Sec. 5,
lots 1, 2, and 3, NE1⁄4, S1⁄2NW1⁄4, and S1⁄2. Con-
462
taining 617.68 acres, as shown on the plat of survey
accepted June 9, 1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec.
11, lots 1 and 2, NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, and
N1⁄2SE1⁄4; Sec. 12; Sec. 14, lots 1 and 2,
NW1⁄4NW1⁄4. Containing 838.66 acres, as shown on
the plat of survey accepted June 9, 1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2,
NW1⁄4NE1⁄4 and NW1⁄4. Containing 200.00 acres, as
shown on the plat of survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec.
6, lots 1 through 10, E1⁄2SW1⁄4 and SE1⁄4. Contain-
ing approximately 529.94 acres, as shown on the
plat of survey accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska
by the United States under paragraph (1) are lands to
be designated by the Secretary and the State of Alaska,
consistent with sound land management principles, based
on those lands determined by FERC with the concurrence
of the Secretary and the State of Alaska, in accordance
with section 1403(b), to be the minimum amount of land
necessary for the construction and operation of a hydro-
electric project.
(5) The time periods set forth for the completion of
the land exchanges described in this subtitle may be ex-
463
tended as necessary by the Secretary should the processes
of State law or Federal law delay completion of an ex-
change.
(6) For purposes of this subtitle, the term ‘‘land’’
means lands, waters, and interests therein.
(b) WILDERNESS.—(1) To ensure that this trans-
action maintains, within the National Wilderness Preser-
vation System, approximately the same amount of area of
designated wilderness as currently exists, the following
lands in Alaska shall be designated as wilderness in the
priority listed, upon consummation of the land exchange
authorized by this subtitle and shall be administered ac-
cording to the laws governing national wilderness areas
in Alaska:
(A) An unnamed island in Glacier Bay National
Park lying southeasterly of Blue Mouse Cove in sec-
tions 5, 6, 7, and 8, T. 36 S., R. 54 E., CRM, and
shown on United States Geological Survey quad-
rangle Mt. Fairweather (D–2), Alaska, containing
approximately 789 acres.
(B) Cenotaph Island of Glacier Bay National
Park lying within Lituya Bay in sections 23, 24, 25,
and 26, T. 37 S., R. 47 E., CRM, and shown on
United States Geological Survey quadrangle Mt.
464
Fairweather (C–5), Alaska, containing approxi-
mately 280 acres.
(C) An area of Glacier Bay National Park lying
in T. 31. S., R. 43 E and T. 32 S., R. 43 E., CRM,
that is not currently designated wilderness, contain-
ing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wil-
derness designations may be reasonably adjusted by the
Secretary, consistent with sound land management prin-
ciples, to approximately equal, in sum, the total wilderness
acreage deleted from Glacier Bay National Park and Pre-
serve pursuant to the land exchange authorized by this
subtitle.
(c) CONDITIONS.—Any exchange of lands under this
subtitle may occur only if—
(1) following the submission of a complete li-
cense application, FERC has conducted economic
and environmental analyses under the Federal
Power Act (16 U.S.C. 791–828) (notwithstanding
provisions of that Act and the Federal regulations
that otherwise exempt this project from economic
analyses), the National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370), and the Fish and
Wildlife Coordination Act (16 U.S.C. 661–666), that
conclude, with the concurrence of the Secretary of
465
the Interior with respect to subparagraphs (A) and
(B), that the construction and operation of a hydro-
electric power project on the lands described in sec-
tion 1403(b)—
(A) will not adversely impact the purposes
and values of Glacier Bay National Park and
Preserve (as constituted after the consumma-
tion of the land exchange authorized by this
section);
(B) will comply with the requirements of
the National Historic Preservation Act (16
U.S.C. 470–470w); and
(C) can be accomplished in an economically
feasible manner;
(2) FERC held at least one public meeting in
Gustavus, Alaska, allowing the citizens of Gustavus
to express their views on the proposed project;
(3) FERC has determined, with the concur-
rence of the Secretary and the State of Alaska, the
minimum amount of land necessary to construct and
operate this hydroelectric power project; and
(4) Gustavus Electric Company has been grant-
ed a license by FERC that requires Gustavus Elec-
tric Company to submit an acceptable financing plan
466
to FERC before project construction may commence,
and the FERC has approved such plan.
SEC. 1403. ROLE OF FERC.
(a) LICENSE APPLICATION.—(1) The FERC licens-
ing process shall apply to any application submitted by
Gustavus Electric Company to the FERC for the right
to construct and operate a hydropower project on the
lands described in subsection (b).
(2) FERC is authorized to accept and consider an
application filed by Gustavus Electric Company for the
construction and operation of a hydropower plant to be
located on lands within the area described in subsection
(b), notwithstanding section 3(2) of the Federal Power
Act (16 U.S.C. 796(2)). Such application must be submit-
ted within 3 years after the date of the enactment of this
Act.
(3) FERC will retain jurisdiction over any hydro-
power project constructed on this site.
(b) ANALYSES.—(1) The lands referred to in sub-
section (a) of this section are lands in the State of Alaska
described as follows:
COPPER RIVER MERIDIAN
Township 39 South, Range 59 East, partially sur-
veyed, 
Section 
(unsurveyed), 
SE1⁄4SW1⁄4,
S1⁄2SW1⁄4SW1⁄4, NE1⁄4SW1⁄4, W1⁄2W1⁄2NW1⁄4SE1⁄4, and
S1⁄2SE1⁄4NW1⁄4. Containing approximately 130 acres.
467
Township 40 South, Range 59 East, partially sur-
veyed, Section 1 (unsurveyed), NW1⁄4, SW1⁄4, W1⁄2SE1⁄4,
and SW1⁄4SW1⁄4NE1⁄4, excluding U.S. Survey 944 and
Native allotment A–442; Section 2 (unsurveyed), frac-
tional, that portion lying above the mean high tide line
of Icy Passage, excluding U.S. Survey 944 and U.S. Sur-
vey 945; Section 11 (unsurveyed), fractional, that portion
lying above the mean high tide line of Icy Passage, exclud-
ing U.S. Survey 944; Section 12 (unsurveyed), fractional,
NW1⁄4NE1⁄4, W1⁄2NW1⁄4SW1⁄4NE1⁄4, and those portions
of NW1⁄4 and SW1⁄4 lying above the mean high tide line
of Icy Passage, excluding U.S. Survey 944 and Native al-
lotment A–442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as
needed in the study area described in paragraph (1) to
account for accretion to these lands from natural forces.
(3) With the concurrence of the Secretary and the
State of Alaska, the FERC shall determine the minimum
amount of lands necessary for construction and operation
of such project.
(4) The National Park Service shall participate as a
joint lead agency in the development of any environmental
document under the National Environmental Policy Act
of 1969 in the licensing of such project. Such environ-
mental document shall consider both the impacts resulting
468
from licensing and any land exchange necessary to author-
ize such project.
(c) ISSUANCE OF LICENSE.—(1) A condition of the
license to construct and operate any portion of the hydro-
electric power project shall be FERC’s approval, prior to
any commencement of construction, of a finance plan sub-
mitted by Gustavus Electric Company.
(2) The National Park Service, as the existing super-
visor of potential project lands ultimately to be deleted
from the Federal reservation in accordance with this sub-
title, waives its right to impose mandatory conditions on
such project lands pursuant to section 4(e) of the Federal
Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project,
or amend the project license unless it determines, with the
Secretary’s concurrence, that the project will not adversely
impact the purposes and values of Glacier Bay National
Park and Preserve (as constituted after the consummation
of the land exchange authorized by this subtitle). Addi-
tionally, a condition of the license, or any succeeding li-
cense, to construct and operate any portion of the hydro-
electric power project shall require the licensee to mitigate
any adverse effects of the project on the purposes and val-
ues of Glacier Bay National Park and Preserve identified
by the Secretary after the initial licensing.
469
(4) A condition of the license to construct and operate
any portion of the hydroelectric power project shall be the
completion, prior to any commencement of construction,
of the land exchange described in this subtitle.
SEC. 1404. ROLE OF SECRETARY OF THE INTERIOR.
(a) SPECIAL USE PERMIT.—Notwithstanding the
provisions of the Wilderness Act (16 U.S.C. 1133–1136),
the Secretary shall issue a special use permit to Gustavus
Electric Company to allow the completion of the analyses
referred to in section 1403. The Secretary shall impose
conditions in the permit as needed to protect the purposes
and values of Glacier Bay National Park and Preserve.
(b) PARK SYSTEM.—The lands acquired from the
State of Alaska under this subtitle shall be added to and
administered as part of the National Park System, subject
to valid existing rights. Upon completion of the exchange
of lands under this subtitle, the Secretary shall adjust, as
necessary, the boundaries of the affected National Park
System units to include the lands acquired from the State
of Alaska; and adjust the boundary of Glacier Bay Na-
tional Park and Preserve to exclude the lands transferred
to the State of Alaska under this subtitle. Any such ad-
justment to the boundaries of National Park System units
shall not be considered in applying any acreage limitations
under section 103(b) of Public Law 96–487.
470
(c) WILDERNESS AREA BOUNDARIES.—The Sec-
retary shall make any necessary modifications or adjust-
ments of boundaries of wilderness areas as a result of the
additions and deletions caused by the land exchange ref-
erenced in section 1402. Any such adjustment to the
boundaries of National Park System units shall not be
considered in applying any acreage limitations under sec-
tion 103(b) of Public Law 96–487.
(d) CONCURRENCE OF THE SECRETARY.—Whenever
in this subtitle the concurrence of the Secretary is re-
quired, it shall not be unlawfully withheld or unreasonably
delayed.
SEC. 1405. APPLICABLE LAW.
The authorities and jurisdiction provided in this sub-
title shall continue in effect until such time as this subtitle
is expressly modified or repealed by Congress.
Subtitle B—Amendments to Alaska
Native Claims Settlement Act
and Related Provisions
SEC. 1411. 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-
471
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.’’.
(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);
472
(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. 1412. 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
(3) by adding ‘‘Any lands previously developed
by third-party trespassers shall not be considered to
have been developed.’’.
SEC. 1413. 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—
473
(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-
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.