IB
Union Calendar No. 383
105TH CONGRESS
2D SESSION
H. R. 2000
[Report No. 105–677]
To amend the Alaska Native Claims Settlement Act to make certain
clarifications to the land bank protection provisions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 21, 1997
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
AUGUST 5, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 21, 1997]
A BILL
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,
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 Corporation 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 ‘‘Settlement 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 Corpora-
tions and trusts, partnerships, corporations, or joint
ventures, whose beneficiaries, partners, shareholders,
or joint venturers are Native Corporations.’’.
(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 pursu-
ant to an agreement between or among Native Cor-
porations and trusts, partnerships, or joint ventures
whose beneficiaries, partners, shareholders, or joint
venturers are Native Corporations.’’.
SEC. 2. RETAINED MINERAL ESTATE.
Section 12(c)(4) of the Alaska Native Claims Settle-
ment 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 Re-
gional 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 election
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 National
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 include
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)’’.
SEC. 3. 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
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. 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 adding
at the end the following new subsection:
‘‘(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 one year from the date
of the enactment of this subsection, CIRI shall select 3,520
acres of land from the area designated for selection by para-
graph I.B.(2)(b) of the document identified in section 12(b)
(referring to the Talkeetna Mountains) of the Act of Janu-
ary 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. CALISTA 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 with-
out further delay;
(2) the Calista Corporation, the Native Regional
Corporation organized under the authority of the
Alaska Native Claims Settlement Act (ANCSA) for
the Yupik Eskimos of Southwestern Alaska, which in-
cludes the entire Yukon Delta National Wildlife Ref-
uge—
(A) has responsibilities provided for by the
Settlement Act to help address social, cultural,
economic, health, subsistence, and related issues
within the Region and among its villages, in-
cluding the viability of the villages themselves,
many of which are remote and isolated;
(B) has been unable to fully carry out such
responsibilities; and
(C) the implementation of the exchange re-
ferred to in this paragraph is essential to help-
ing Calista utilize its assets to carry out those
responsibilities to realize the benefits of ANCSA;
(3) the parties to the exchange have been unable
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 102–171; and
(4) 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(a) of the Department of Defense Appropriations Act,
1992 (105 Stat. 1206) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by striking ‘‘October 1, 1996’’ and inserting
‘‘October 1, 2002’’;
(3) by inserting after ‘‘October 28, 1991’’ the fol-
lowing: ‘‘(hereinafter referred to as ‘CCRD’) and in
the document entitled, ‘The Calista Conveyance and
Relinquishment Document Addendum’, dated Septem-
ber 15, 1996 (hereinafter referred to as ‘CCRD Adden-
dum’)’’;
(4) by striking ‘‘The value’’ and all that follows
through ‘‘Provided, That the’’ and inserting in lieu
thereof the following:
‘‘(2) The aggregate values of such lands and interests
in lands, together with compensation for the considerations
set forth in the findings of this subsection, shall be the sum
provided in paragraph (6) of the CCRD Addendum. The’’;
(5) in the last sentence, by inserting a period
after ‘‘1642’’ and striking all that follows in that sen-
tence; and
(6) by adding at the end the following new para-
graph:
‘‘(3) The amount credited to the property account is
not subject to adjustment for minor changes in acreage re-
sulting from preparation or correction of the land descrip-
tions in the CCRD or CCRD Addendum or the exclusion
of any small tracts of land as a result of hazardous mate-
rials surveys.’’.
(c) EXTENSION OF RESTRICTION ON CERTAIN PROP-
ERTY TRANSFERS.—Section 8126(b) of Public Law 102–
172 (105 Stat. 1206) is amended by striking ‘‘October 1,
1996’’ and inserting ‘‘October 1, 2002’’.
(d) EXCHANGE ADMINISTRATION.—Section 8126(c) of
Public Law 102–172 (105 Stat. 1207) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) by striking the sentence beginning ‘‘On Octo-
ber 1, 1996,’’ and inserting in lieu thereof the follow-
ing: ‘‘To the extent such lands and interests have not
been exchanged with the United States, on January
1, 1998, the Secretary of the Treasury shall establish
a property account on behalf of Calista Corporation.
If the parties have mutually agreed to a value as pro-
vided in subsection (a)(2), the Secretary of the Treas-
ury shall credit the account accordingly. In the ab-
sence of such an agreement the Secretary of the Treas-
ury shall credit the account with an amount equal to
66 percent of the total amount determined by para-
graph (6) of the CCRD Addendum. The account shall
be available for use as provided in subsection (c)(3),
as follows:
‘‘(A) On January 1, 1998, an amount equal to
one-half the amount credited pursuant to this para-
graph shall be available for use as provided.
‘‘(B) On October 1, 1998, the remaining one-half
of the amount credited pursuant to this paragraph
shall be available for use as provided.
‘‘(2) On October 1, 2002, to the extent any portion of
the lands and interests in lands have not been exchanged
pursuant to subsection (a) or conveyed or relinquished to
the United States pursuant to paragraph (1), the account
established by paragraph (1) shall be credited with an
amount equal to any remainder of the value determined
pursuant to paragraph (1).’’;
(3) by inserting ‘‘(3)’’ before ‘‘Subject to’’;
(4) by striking ‘‘on or after October 1, 1996,’’
and by inserting after ‘‘subsection (a) of this section,’’
the following: ‘‘upon conveyance or relinquishment of
equivalent portions of the lands referenced in the
CCRD and the CCRD Addendum,’’; and
(5) by adding at the end the following new para-
graphs:
‘‘(4) Notwithstanding any other provision of law,
Calista Corporation or the village corporations identified
in the CCRD Addendum may assign, without restriction,
any or all of the account upon written notification to the
Secretary of the Treasury and the Secretary of the Interior.
‘‘(5) Calista will provide to the Bureau of Land Man-
agement, Alaska State Office, appropriate documentation
to enable that office to perform the accounting required by
paragraph (1) and to forward such information, if re-
quested by Calista, to the Secretary of the Treasury as au-
thorized by such paragraph.
‘‘(6) For the purpose of the determination of the appli-
cability of section 7(i) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1606(i)) to revenues generated pursu-
ant to this section, such revenues shall be calculated in ac-
cordance with paragraph (5) of the CCRD Addendum.’’.
SEC. 6. 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 pro-
visions of this section shall apply to Haida Corpora-
tion 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 section
7(i) of this Act.’’.
SEC. 7. 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—
(1) by striking ‘‘Seventy per centum’’ and insert-
ing ‘‘(A) Except as provided by subparagraph (B),
seventy percent’’; and
(2) by adding at the end the following: