ANCSA Land Bank Protection Act of 1998
PL 105-333 (H.R.2000), enacted 10/31/1998

PUBLIC LAW 105-333—OCT. 31, 1998 
112 STAT. 3129 
Public Law 105-333 
105th Congress 
An Act 
To amend the Alaska Native Claims Settlement Act to make certain clarifications 
Oct. 31, 1998 
to the land bank protection provisions, and for other purposes. 
[H R 20001 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
ANCSA Land 
Bank Protection 
SECTION 1. AUTOMATIC LAND BANK PROTECTION. 
Act of 1998. 
(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 the Alaska Native Claims Settlement Act or section 1302(h) 
of this Act or other applicable law" after "Settlement Trust". 
(b) LANDS EXCHANGED AMONG NATIVE CORPORATIONS.—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 considered 
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, partner-
ships, corporations, or joint ventures, whose beneficiaries, part-
ners, 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 pursuant to an agreement 
between or among Native Corporations and trusts, partner-
ships, or joint ventures whose beneficiaries, partners, share-
holders, or joint venturers are Native Corporations.". 
SEC. 2. DEVELOPMENT BY THIRD-PARTY TRESPASSERS. 
Section 907(d)(2)(A)(i) of the Alaska National Interest 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 Corporation." after "substan-
tial modification."; 
112 STAT. 3130 
PUBLIC LAW 105-333—OCT. 31, 1998 
(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 devel-
oped.". 
SEC. 3. 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— 
(1) by redesignating subparagraphs (C) and (D) as subpara-
graphs (E) and (F), respectively, and by inserting after subpara-
graph (B) the following new subparagraphs: 
"(C) Where such public lands are surrounded by or contig-
uous 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. Selection 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 described 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)". 
(b) FAILURE TO APPEAL NOT PROHIBITIVE.—Section 12(c) 
of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c)) is 
amended by adding at the end the following: 
"(5) Subparagraphs (A), (B), and (C) of paragraph (4) shall 
apply, notwithstanding the failure of the Regional Corporation 
to have appealed the rejection of a selection during the convey-
ance of the relevant surface estate.". 
SEC. 4. AMENDMENT TO PUBLIC LAW 102-415. 
Section 20 of the Alaska Land Status Technical Corrections 
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 
Deadline. 
CIRI. Within 1 year from the date of the enactment of this sub-
section, CIRI shall select 3,520 acres of subsurface estate in land 
from the area designated for selection by paragraph I.B.(2)(b) of 
the document identified in section 12(b) (referring to the Talkeetna 
Mountains) of the Act of January 2, 1976 (43 U.S.C. 1611 note). 
Not more than five selections 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.". 
PUBLIC LAW 105-333—OCT. 31, 1998 
112 STAT. 3131 
SEC. 5. 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 protec-
tion of section 7(h) until voluntarily and expressly sold or 
pledged by the shareholder subsequent to the date of distribu-
tion" before the semicolon. 
SEC. 6. CALISTA NATIVE 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 without further delay; 
(2) the Calista Corporation, the Native Regional Corpora-
tion organized under the authority of the Alaska Native Claims 
Settlement Act for the Yupik Eskimos of Southwestern Alaska, 
which includes the majority of the Yukon Delta National Wild-
life Refuge— 
(A) has responsibilities provided for by the Alaska 
Native Claims Settlement Act to help address social, cul-
tural, economic, health, subsistence, and related issues 
within the region and among its villages, including the 
viability of the villages themselves, many of which are 
remote and isolated; and 
(B) has been unable to fully carry out such responsibil-
ities; 
(3) the implementation of the exchange referenced in this 
subsection is essential to helping Calista utilize its assets to 
carry out those responsibilities and to realize the benefits of 
the Alaska Native Claims Settlement Act; 
(4) 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 102-172; and 
(5) in light of the foregoing, it is appropriate and necessary 
in this unique situation that Congress authorize and direct 
the implementation of this exchange as set forth in this section 
in furtherance of the purposes and underlying goals of the 
Alaska Native Claims Settlement Act and the Alaska National 
Interest Lands Conservation Act. 
(b) LAND EXCHANGE IMPLEMENTATION.—Section 8126 of Public 
Law 102-172 (105 Stat. 1206) is amended to read as follows: 
"SEC. 8126. (a)(1) In exchange for lands, partial estates, and Calista 
land selection rights identified in the document entitled The Calista Corporation. 
Conveyance and Relinquishment Document', dated October 28, 
1991, as amended September 22, 1998 (hereinafter referred to as 
'CCRD'), the United States will establish a property account for 
the Calista Corporation, a corporation organized under the laws 
of the State of Alaska, in the amount identified in the CCRD, 
and in accordance with the provisions of this Act. 
112 STAT. 3132 
PUBLIC LAW 105-333—OCT. 31, 1998 
"(2) The CCRD contains the land descriptions of the lands 
and interests in lands to be conveyed, the selections to be relin-
quished, the charges to entitlement, the quantity and class of 
entitlement to be transferred to the United States, the terms of 
the Kuskokwim Corporation Conservation Easement, and the 
amount that is authorized for the property account. 
"(3) The covenants, terms, and conditions to be used in any 
transfers to the United States described in the CCRD shall be 
binding on the United States and the participating Native corpora-
tions and shall be a matter of Federal law. 
"(b)(1) The aggregate values of such lands and interests in 
lands, together with compensation for the considerations set forth 
in congressional findings concerning the Calista Region and its 
villages, shall be the sum provided in section IX of the CCRD. 
The amounts credited to the property account described in this 
subsection shall not be subject to adjustment for minor changes 
in acreage resulting from preparation or correction of the land 
descriptions in the CCRD or the exclusion of any small tracts 
of land as a result of hazardous material surveys. The Secretary 
of the Interior shall maintain an accounting of the lands and 
interests in lands remaining to be conveyed or relinquished by 
Calista Corporation and the participating village corporations 
pursuant to this section. The Secretary of the Treasury on October 
1, 1998, shall establish a property account on behalf of Calista 
Corporation. 
"(2) The account shall be credited and available for use as 
provided in paragraph (4), according to the following schedule of 
percentages of the amount in section IX of the CCRD: 
"(A) On October 1, 1999, and on October 1 of each year 
thereafter through October 1, 2005, the amount equal to 12.69 
percent. 
"(B) On October 1, 2007, the amount equal to 11.17 percent. 
"(3)(A) Unless otherwise authorized by law, the aggregate 
amount of all credits to the account, pursuant to the schedule 
set forth in paragraph (2), shall be equal to the amount in section 
IX of the CCRD. 
"(B) All amounts credited to the account shall be from amounts 
in the Treasury not otherwise appropriated and shall be available 
for expenditure without further appropriation and without fiscal 
year limitation. 
"(4) The property account may not be used until all conveyances, 
relinquishments of selections, and adjustments to entitlements 
described in the CCRD have been made to and accepted by the 
Notification. 
United States. The Secretary of the Interior shall notify the Sec-
retary of the Treasury when all requirements of the preceding 
sentence have been met. Immediately thereafter the Secretary of 
the Treasury shall comply with his duties under this paragraph 
including the computations of the amount in the account, the 
amount that may be expended in any particular Federal fiscal 
year, and the balance of the account after any transaction. The 
property account may be used in the same manner as any other 
property account held by any other Alaska Native Corporation. 
"(5) Notwithstanding any other provision of law, Calista Cor-
poration on its own behalf or on behalf of the village corporations 
identified in the CCRD, may assign any or all of the account 
upon written notification to the Secretary of the Treasury and 
the Secretary of the Interior. 
PUBLIC LAW 105-333—OCT. 31, 1998 
112 STAT. 3133 
"(6) The Secretary of the Treasury shall notify the Secretary 
Notification. 
of the Interior and Calista whenever there is a reduction in the 
property account, the purpose for such reduction and the remaining 
balance in the account. The Alaska State Office of the Bureau 
of Land Management shall be the official repository of such notices. 
"(7) For the purpose of the determination of the applicability 
of section 7(i) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1606(i)) to revenues generated pursuant to that section, 
such revenues shall be calculated in accordance with section IX 
oftheCCRD. 
"(8) The United States shall not be liable for the redistribution 
of benefits by the Calista Corporation to the participating Alaska 
Native village corporations pursuant to this section. 
"(9) These transactions are not based on appraised property 
values and therefore shall not be used as a precedent for establish-
ing property values. 
"(10) Prior to the issuance of any conveyance documents or 
relinquishments and acceptance, the Secretary of the Interior and 
the participating Native corporations may, by mutual agreement, 
modify the legal descriptions included in the CCRD to correct cleri-
cal errors. 
"(11) Property located in the State of Alaska that is purchased 
by use of the property account shall be considered and treated 
as conveyances of land selections under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.). 
"(12) The conveyance of lands, partial estates, and land selec-
tion rights and relinquishment or adjustments to entitlement made 
by the Alaska Native Corporations pursuant to this section and 
the use of the property account in the Treasury shall be treated 
as the receipt of land or any interest therein or cash in order 
to equalize the values of properties exchanged pursuant to section 
22(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(f)) 
as provided in the first sentence in section 21(c) of that Act (43 
U.S.C. 1620(c)). 
"(13) With respect to the content of the CCRD, the Secretary 
of the Interior, the Calista Regional Corporation, and the participat-
ing village corporations agree upon the lands, interests in lands, 
relinquishments and adjustments to entitlement described therein 
that may be offered to the United States pursuant to this section. 
These parties also agree with the amounts to be made available 
in the property account once all conveyances and relinquishments 
are completed, and the parties agree with the needs set forth 
in the congressional findings in section 6(a) of the ANCSA Land 
Bank Protection Act of 1998. The parties do not necessarily agree 
on the hortatory statements, descriptions, and attributions of 
resource values which are included in the CCRD as drafted by 
Calista. But such disagreements will not affect the implementation 
of this section. 
"(14) Descriptions of resource values provided for surface lands 
which are not offered in the exchange and will remain privately 
owned by village corporations form no part of the consideration 
for the exchange.". 
SEC. 7. MINING CLAIMS. 
Paragraph (3) of section 22(c) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1621(c)) is amended— 
112 STAT. 3134 
PUBLIC LAW 105-333—OCT. 31, 1998 
Haida 
Corporation. 
Haida 
Traditional Use 
Sites. 
Applicability. 
(1) by striking out "regional corporation" each place it 
appears and inserting in lieu thereof "Regional Corporation"; 
and 
(2) by adding at the end the following: "The provisions 
of this section shall apply to Haida Corporation 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. 8. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES 
OF SAND, GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CIN-
DER RESOURCES. 
Subsection (i) of section 7 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1606(i)) is amended— 
(1) by striking "Seventy per centum" and inserting "(A) 
Except as provided by subparagraph (B), 70 percent"; and 
(2) by adding at the end the following: 
"(B) In the case of the sale, disposition, or other use of common 
varieties of sand, gravel, stone, pumice, peat, clay, or cinder 
resources made during a fiscal year ending after the date of enact-
ment of this subparagraph, the revenues received by a Regional 
Corporation shall not be subject to division under subparagraph 
(A). Nothing in this subparagraph is intended to or shall be con-
strued to alter the ownership of such sand, gravel, stone, pumice, 
peat, clay, or cinder resources.". 
SEC. 9. ALASKA NATIVE ALLOTMENT APPLICATIONS. 
Section 905(a) of the Alaska National Interest Lands Conserva-
tion Act (43 U.S.C. 1634(a)) is amended by adding at the end 
the following: 
"(7) Paragraph (1) of this subsection and subsection (d) shall 
apply, and paragraph (5) of this subsection shall cease to apply, 
to an application— 
"(A) that is open and pending on the date of enactment 
of this paragraph; 
"(B) if the lands described in the application are in Federal 
ownership other than as a result of reacquisition by the United 
States after January 3, 1959; and 
"(C) if any protest which is filed by the State of Alaska 
pursuant to paragraph (5)(B) with respect to the application 
is withdrawn or dismissed either before, on, or after the date 
of the enactment of this paragraph. 
"(8)(A) Any allotment application which is open and pending 
and which is legislatively approved by enactment of paragraph 
(7) shall, when allotted, be made subject to any easement, trail, 
or right-of-way in existence on the date of the Native allotment 
applicant's commencement of use and occupancy. 
"(B) The jurisdiction of the Secretary is extended to make 
any factual determinations required to carry out this paragraph.". 
SEC. 10. VISITOR SERVICES. 
Paragraph (1) of section 1307(b) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3197(b)) is amended— 
(1) by striking "Native Corporation" and inserting "Native 
Corporations"; and 
PUBLIC LAW 105-333—OCT. 31, 1998 
112 STAT. 3135 
(2) by striking "is most directly affected" and inserting 
"are most directly affected". 
SEC. 11. LOCAL HIRE REPORT. 
Deadline. 
(a) IN GENERAL.—Not later than 18 months after the date Jiot^^^^^^^ 
of enactment of this Act, the Secretary of the Interior shall transmit 
to Congress a report. 
(b) LOCAL HIRE.—The report required by subsection (a) shall— 
(1) indicate the actions taken in carrying out subsection 
(b) of section 1308 of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3198); 
(2) address the recruitment processes that may restrict 
employees hired under subsection (a) of such section from 
successfully obtaining positions in the competitive service; and 
(3) describe the actions of the Secretary of the Interior 
in contracting with Alaska Native Corporations to provide serv-
ices with respect to public lands in Alaska. 
(c) COOPERATION.—^The Secretary of Agriculture shall cooperate 
with the Secretary of the Interior in carrying out this section 
with respect to the Forest Service. 
SEC. 12. SHAREHOLDER BENEFITS. 
Section 7 of the Alaskan Native Claims Settlement Act (43 
U.S.C. 1606) is amended by adding at the end the following: 
"(r) BENEFITS FOR SHAREHOLDERS OR IMMEDIATE FAMILIES.— 
The authority of a Native Corporation to provide benefits to its 
shareholders who are Natives or descendants of Natives or to its 
shareholders' immediate family members who are Natives or 
descendants of Natives to promote the health, education, or welfare 
of such shareholders or family members is expressly authorized 
and confirmed. Eligibility for such benefits need not be based on 
share ownership in the Native Corporation and such benefits may 
be provided on a basis other than pro rata based on share owner-
ship.". 
SEC. 13. S H A R E H O L D E R HOMESITE PROGRAM. 
Section 39(b)(1)(B) of the Alaskan Native Claims Settlement 
Act (43 U.S.C. 1629e(b)(l)(B)) is amended by inserting after "settlor 
corporation" the following: "or the land is conveyed for a homesite 
by the Trust to a beneficiary of the Trust who is also a legal 
resident under Alaska law of the Native village of the settlor 
corporation and the conveyance does not exceed 1.5 acres". 
112 STAT. 3136 
PUBLIC LAW 105-333—OCT. 31, 1998 
43 u s e 1601 
SEC. 14. SHORT TITLE. 
°°*®- 
This Act may be cited as the "ANCSA Land Bank Protection 
Act of 1998". 
Approved October 31, 1998. 
LEGISLATIVE HISTORY—H.R. 2000: 
HOUSE REPORTS: No. 105-677 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 23, considered and passed House. 
Oct. 7, considered and passed Senate.