H. R. 3090—2
within the boundary of the Withdrawal Area described in paragraph
(2). The Secretary is authorized and directed to convey to Elim
in fee the surface and subsurface estates to 50,000 acres of valid
selections in the Withdrawal Area, subject to the covenants, reserva-
tions, terms and conditions and other provisions 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, contiguous, and in whole
sections except when separated by unavailable land or when
the remaining entitlement is less than a whole section. Elim
shall prioritize its selections made pursuant to this subsection
at the time such selections are filed, and such prioritization
shall be irrevocable. Any lands selected shall remain withdrawn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 entries of any private individual unless such selection
or entry is relinquished, rejected, or abandoned prior to convey-
ance to Elim.
‘‘(C) Upon receipt of the Conveyance Lands, Elim shall
have all legal rights and privileges as landowner, subject only
to the covenants, reservations, terms and conditions specified
in this subsection.
‘‘(D) Selection by Elim of lands under this subsection and
final conveyance of those lands to Elim shall constitute full
satisfaction of any claim of entitlement of Elim with respect
to its land entitlement.
‘‘(4) COVENANTS, RESERVATIONS, TERMS AND CONDITIONS.—The
covenants, reservations, terms and conditions set forth in this para-
graph 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 con-
tained 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, construction
of homes, cabins, for firewood and other domestic uses on
any Elim lands: Provided, That cutting and removal of
Merchantable Timber from the Conveyance Lands for sale shall
not be permitted: Provided further, That Elim shall not con-
struct roads and related infrastructure for the support of such
cutting and removal of timber for sale or permit others to
do so. ‘Merchantable Timber’ means timber that can be har-
vested 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 Cor-
porations for selection and conveyance, is hereby modified to
the extent necessary to permit the selection by Elim of the
lands heretofore encompassed in any withdrawal of hot or
medicinal springs and is withdrawn pursuant to this subsection.
H. R. 3090—3
The Secretary is authorized and directed to convey such selec-
tions of hot or medicinal springs (hereinafter referred to as
‘hot springs’) subject to applicable covenants, reservations,
terms and conditions 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 activity 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 activity if they would
cause or are likely to cause erosion or siltation of either water
course to an extent that would significantly adversely impact
water quality 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 pro-
viding 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 persons, jointly or
severally, who cut or remove Merchantable Timber for sale.
‘‘(C) In cooperation with Elim, the right, but not the obliga-
tion, to reforest in the event previously existing Merchantable
Timber is destroyed by fire, wind, insects, disease, or other
similar manmade or 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 easements 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 containing 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
research 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 commercial development shall not alter the nat-
ural hydrologic or thermal system associated with the hot
springs. Not less than 85 percent of the lands within 1⁄4 mile
of the hot springs shall be left in their natural state.
‘‘(G) The right to exercise prosecutorial discretion 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
H. R. 3090—4
of Understanding (hereinafter 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 Conveyance Lands
and on the land within 1⁄4 mile of the hot springs. The parties
shall agree to meet periodically to review the matters contained
in the MOU and to exercise their right to amend, replace,
or extend the MOU. Such reviews shall include the authority
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 interest in all or a portion of the Conveyance
Lands, including without limitation, a leasehold interest.
‘‘(C) SECTION
17(b)
EASEMENTS.—The Bureau of Land
Management, in consultation with Elim, shall reserve in the
conveyance to Elim easements to the United States pursuant
to subsection 17(b) that are not in conflict with other easements
specified in this paragraph.
‘‘(D) OTHER
EASEMENTS.—The Bureau of Land Manage-
ment, in consultation with Elim, shall reserve easements which
shall include the right of the public to enter upon and travel
along the Tubutulik River and Clear Creek within the Convey-
ance Lands. Such easements shall also include easements for
trails confined to foot travel along, and which may be estab-
lished along each bank of, the Tubutulik River and Clear Creek.
Such trails shall be 25 feet wide and upland of the ordinary
high waterline of the water courses. The trails may deviate
from the banks as necessary to go around man-made or natural
obstructions or to portage around hazardous stretches of water.
The easements shall also include one-acre sites along the water
courses at reasonable intervals, selected in consultation with
Elim, which may be used to launch or take out water craft
from the water courses and to camp in non-permanent struc-
tures for a period not to exceed 24 hours without the consent
of Elim.
‘‘(E) INHOLDERS.—The owners of lands held within the exte-
rior boundaries of lands conveyed to Elim shall have all rights
of ingress and egress to be vested in the inholder and the
inholder’s agents, employees, co-venturers, licensees, subse-
quent grantees, or invitees, and such easements shall be
reserved in the conveyance to Elim. The inholder may not
exercise the right of ingress and egress in a manner that
may result in substantial damage to the surface of the lands
or make any permanent improvements on Conveyance Lands
without the prior consent of Elim.
‘‘(F) IDITAROD TRAIL.—The Bureau of Land Management
may reserve an easement for the Iditarod National Historic
Trail in the conveyance to Elim.
‘‘(7) IMPLEMENTATION.—There are authorized to be appropriated
such sums as may be necessary to implement this subsection.’’.
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,
H. R. 3090—5
relinquishment, or termination of parental rights that may have
altered or severed the legal relationship between the gift donor
and recipient’’.
SEC. 3. DEFINITION OF SETTLEMENT TRUST.
Section 3(t)(2) of the Alaska Native Claims Settlement 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 Natives,’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.