A bill to amend the Alaska Native Claims Settlement Act.
PL 99-96 (S.444), enacted 09/25/1985

99 STAT. 460 
PUBLIC LAW 99-96—SEPT. 25, 1985 
Sept. 25, 1985 
[S. 444] 
43 u s e 1629. 
Corporation. 
Public lands. 
Public lands. 
Public Law 99-96 
99th Congress 
An Act 
To amend the Alaska Native Claims Settlement Act. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in congress assembled, 
SECTION 1. The Alaska Native Claims Settlement Act (85 Stat. 688, 
43 U.S.C. 1601-28), as amended, is further amended by adding at the 
end thereof the following new sections: 
"SEC. 34. (a) For purposes of this section the following terms shall 
have the following meanings: 
"(1) the term The Agreement' or 'Agreement' means the 
agreement entitled 'Terms and Conditions Governing Legisla-
tive Land Consolidation and Exchange between NANA Re-
gional Corporation, Inc., and the United States' executed by the 
Secretary of the Interior and the President of NANA Regional 
Corporation, Inc., on January 31 and January 24, 1985, respec-
tively. 
"(2) the term 'transportation system' means the Red Dog 
Mine Transportation System described in Exhibit B of the 
Agreement. 
"(3) the term 'NANA' means NANA Regional Corporation, 
Inc., a corporation formed for the Natives of Northwest Alaska 
pursuant to the provisions of this Act. 
"(b) Except as otherwise provided by this section, the Secretary 
shall convey to NANA, in accordance with the terms and conditions 
set forth in the Agreement, lands and interests in lands specified in 
the Agreement in exchange for lands and interests in lands of 
NANA, specified in the Agreement, upon fulfillment by NANA of 
its obligations under the Agreement: Provided, however, That this 
modified exchange is accepted by NANA within 60 days of enact-
ment. 
"(c)(1) The Secretary shall convey to NANA, pursuant to the 
provisions of paragraph A(l) of the Agreement, the right, title and 
interest of the United States only in and to those lands designated 
as 'Amended A(l) Lands' on the map entitled 'Modified Cape 
Krusenstern Land Exchange", dated July 18,1985. The charges to be 
made pursuant to paragraphs B(l) and D(27) of the Agreement 
against NANA's land entitlements under this Act shall be reduced 
by an amount equivalent to the difference between that acreage 
conveyed pursuant to this subsection and the acreage that would 
have been conveyed to NANA pursuant to paragraph A(l) of the 
Agreement but for this subsection. 
"(2) Notwithstanding the provisions of paragraph A(3) of the 
Agreement, the Secretary shall not convey to NANA any right, title 
and interest of the United States in the lands described in such 
paragraph A(3) and the Secretary shall make no charge to NANA's 
remaining entitlements under this Act with respect to such lands. 
Such lands shall be retained in Federal ownership but shall be 
subject to the easement described in Exhibit D to the Agreement as 
PUBLIC LAW 96-96—SEPT. 25, 1985 
99 STAT. 461 
if the lands had been conveyed to NANA pursuant to paragraph 
A(3) of the Agreement. 
"(d)(1) There is hereby granted to NANA an easement in and to Transportation, 
the lands designated as 'Transportation System Lands' on the map 
entitled 'Modified Cape Krusenstern Land Exchange', dated July 18, 
1985, for use in the construction, operation, maintenance, expansion 
and reclamation of the transportation system. Use of the easement 
for such purposes shall be subject only to the terms and conditions 
governing the construction, operation, maintenance, expansion and 
reclamation of the transportation system, as set forth in Exhibit B 
to the Agreement. 
"(2) The easement granted pursuant to this section shall be for a 
term of 100 years. The easement shall terminate prior to the 100-
year term: 
"(i) if it is relinquished to the United States; or 
"(ii) if construction of the transportation system has not 
commenced within 20 years of the enactment of this subsection. 
Computation of the 20-year period shall exclude periods when 
construction could not commence because of force majeure, act 
of God or order of a court; or 
"(iii) upon completion of reclamation pursuant to the rec-
lamation plan required by Exhibit B to the Agreement. 
"(3) Within 90 days after enactment of this section the Secretary 
shall execute the necessary documents evidencing the gi-ant to 
NANA of the easement granted by this section. 
"(4) Except as regards the trail easement described in Exhibit D to 
the Agreement (to which the 'Transportation System Lands' shall be 
subject as if such lands had been conveyed to NANA pursuant to 
paragraph A(l) of the Agreement), access to the lands subject to the 
easement granted by this section shall be subject to such limitations, 
restrictions or conditions as may be imposed by NANA, its succes-
sors and assigns, but NANA and its successors and assigns shall 
permit representatives of the Secretary such access as the Secretary 
determines is necessary for the monitoring required by this section. 
"(e) The easement granted by this section makes available land 
State and local 
for the transportation system, and is intended to be sufficient to 
governments. 
permit NANA to comply with the laws of the State of Alaska which 
Transportation. 
may be necessary to secure financing of the construction of the 
transportation system and the operation, maintenance or expansion 
thereof by the State of Alaska or by the Alaska Industrial Develop-
ment Authority. 
"(f) The easement granted to NANA by this section may be 
reconveyed by NANA, but after any such reconveyance the terms 
and conditions specified in Exhibit B of the Agreement shall con-
tinue to apply in full to the easement. 
"(g) NANA is hereby granted the right to use, develop and sell 
sand, gravel and related construction materials from borrow sites 
located within the easement granted pursuant to this section as 
required for the construction, operation, maintenance, expansion 
and reclamation of the transportation system, subject to the terms 
and conditions specified in Exhibit B of the Agreement. 
"(h)(1) The construction, operation, maintenance, expansion and 
Transportation. 
reclamation of any portion of the transportation system on any of 
the lands subject to the easement granted to NANA by this section 
shall be governed solely by the terms and conditions of the Agree-
ment, including the procedural and substantive provisions of Ex-
hibit B to the Agreement, as if the lands covered by the easement 
99 STAT. 462 
PUBLIC LAW 99-96—SEPT. 25, 1985 
43 u s e 1629a. 
Ante, p. 460. 
National parks, 
monuments, etc. 
Public lands. 
granted to NANA by this section had been conveyed to NANA 
pursuant to paragraph A(l) of the Agreement. 
"(2) The Secretary of the Interior, acting through the National 
Park Service, shall monitor the construction, operation, mainte-
nance, expansion and reclamation of the transportation system, as 
provided in the Agreement. Any complaint by any person or entity 
that any aspect of the construction, operation, maintenance, expan-
sion or reclamation of the portion of the transportation system on 
the lands subject to the easement granted to NANA by this section 
is not in accordance with the terms and conditions specified in the 
Agreement shall be made to the Secretary in writing. The Secretary 
shall review any such complaint and shall provide to NANA or its 
successors or assigns and to the complainant a decision in writing on 
the complaint within 90 days of receipt thereof. If the Secretary 
determines that the activity made the subject of a complaint is not 
in accordance with the terms specified in the Agreement, and 
NANA or its successors or assigns disagrees with that determina-
tion, the dispute shall be resolved according to the procedures 
established in Exhibit B to the Agreement. 
"(i) The Secretary shall make available to NANA and its succes-
sors and assigns the right to use sand, gravel and related construc-
tion materials located in Sections 23, 24, 25, 26, 35 and 36 of 
Township 26 North, Range 24 West, Kateel River Meridian, Alaska, 
if the Secretary determines either (1) that use of such sand, gravel or 
related construction material is necessary because there is no other 
sand, gravel or related construction material reasonably available 
for the construction, operation, maintenance, expansion or reclama-
tion of the transportation system; or (2) that use of such sand, gravel 
or related construction material is necessary in order to construct, 
operate, maintain, expand, or reclaim the transportation system in 
an environmentally sound manner, consistent with the require-
ments of Exhibit B of the Agreement. The right to use such sand, 
gravel and related construction material shall be subject to the 
terms and conditions of paragraph A of Exhibit B of the Agreement 
and such other reasonable terms and conditions as the Secretary 
may prescribe. 
"(j) Notwithstanding paragraph D(23) of the Agreement, the Sec-
retary shall not agree to any amendment to the Agreement without 
first consulting with the Committee on Interior and Insular Affairs 
of the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate and shall transmit copies of the 
text of any amendment to the Agreement to those Committees at 
the time of his agreeing to any such amendment. 
"SEC. 35. (a) The terms and conditions of this section are solely 
applicable to the lands described in paragraph A(l) of the Agree-
ment, which is defined by section 34(a)(1) of this Act and modified by 
section 34, and shall not affect the relinquishment by NANA de-
scribed in section B(l) of such Agreement. 
"(b) NANA Regional Corporation, Inc. ('NANA'), may convey by 
quit-claim deed to the United States all of its interest in the surface 
and subsurface estate in any lands described in subsection (a) of this 
section: Provided, however, That NANA can relinquish only lands 
that are compact and contiguous to other public lands within the 
Krusenstern National Monument and, if the lands to be relin-
quished have been disturbed by NANA, the Secretary must first 
determine that such disturbance has not rendered the lands 
incompatible with Monument values. Whenever NANA executes a 
PUBLIC LAW 99-96—SEPT. 25, 1985 
99 STAT. 463 
quit-claim deed pursuant to this section, it shall be entitled to 
designate and have conveyed to it any lands outside the boundaries 
of the Cape Krusenstern National Monument and any other con-
servation system unit, as established and defined by the Alaska 
National Interest Lands Conservation Act (Public Law 96-487; 94 
Stat. 2371, et seq.), covered by any of its pending selection applica-
tions filed under the entitlement provisions of either section 12(b), 
12(c) or 14(h)(8) of this Act, as amended. Lands conveyed to NANA 
pursuant to this subsection shall be of a like estate and equal in 
acreage to that conveyed by NANA to the United States. The lands 
conveyed to NANA pursuant to this subsection shall be in exchange 
for the lands conveyed by NANA to the United States and there 
shall be no change in the charges previously made to NANA's land 
entitlements with respect to the lands conveyed by NANA to the 
United States. Lands received by NANA pursuant to this subsection 
are Settlement Act lands. 
"(c) NANA may relinquish any interest it has under selection 
applications filed pursuant to this Act, as amended, in the surface 
and subsurface estate in lands described in subsection (a) of this 
section by formally withdrawing such application pursuant to this 
section: Provided, however. That NANA can relinquish only in-
terests in lands that are compact and contiguous to other public 
lands within the Krusenstern National Monument and, if the lands 
have been disturbed by NANA, the Secretary must first determine 
that such disturbance has not rendered the lands incompatible with 
Monument values. Whenever NANA formally withdraws a selection 
application pursuant to this section, it shall be entitled to designate 
and have conveyed to it lands outside the boundaries of Cape 
Krusenstern National Monument and any other conservation 
system unit, as established and defined by the Alaska National 
Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371, 
et seq.) pursuant to any of its pending selection applications filed 
under either section 12(b), 12(c) or 14(h)(8) of this Act. Lands con-
veyed to NANA under this subsection shall be of a like estate and 
equal in acreage to the interest which NANA relinquished, and 
when the lands are conveyed to NANA, the conveyance shall be 
charged against the same entitlement of NANA as if the lands had 
been conveyed pursuant to the relinquished selection applications. 
Lands received by NANA pursuant to this subsection are Settle-
ment Act lands. 
"(d) The provisions of this section shall remain in effect only until 
December 18,1991. 
16 u s e 3101 
note. 
43 u s e 1611, 
1613. 
43 u s e 1601 
note. 
National parks, 
monuments, etc. 
Public lands. 
Effective date. 
99 STAT. 464 
PUBLIC LAW 99-96—SEPT. 25, 1985 
"(e) Nothing in this section shall be deemed to alter or amend in 
any way NANA's selection rights or to increase or diminish NANA's 
total entitlement to lands pursuant to this Act.". 
Approved September 25, 1985. 
LEGISLATIVE HISTORY—S. 444 (H.R. 1092): 
SENATE REPORT No. 99-97 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
July 18, considered and passed Senate. 
July 29, H.R. 1092 considered and passed House; S. 444, amended, passed in 
lieu. 
Aug. 1, Senate concurred in House amendment with an amendment. 
Sept. 12, House concurred in Senate amendment.