A bill to authorize the exchange of lands between an Alaska Native Village Corporation and the Department of the Interior, and for other purposes.
PL 108-129 (S.924), enacted 11/17/2003

117 STAT. 1358
PUBLIC LAW 108–129—NOV. 17, 2003
Public Law 108–129
108th Congress
An Act
To authorize the exchange of lands between an Alaska Native Village Corporation
and the Department of the Interior, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘ANCSA’’ means the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
(2) ‘‘ANILCA’’ means the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.);
(3) ‘‘Calista’’ means the Calista Corporation, an Alaska
Native Regional Corporation established pursuant to ANCSA;
(4) ‘‘Identified Lands’’ means approximately 10,943 acres
of lands (including surface and subsurface estates) designated
as ‘‘Proposed Village Site’’ on a map entitled ‘‘Proposed Newtok
Exchange,’’ dated September, 2002, and available for inspection
in the Anchorage office of the United States Fish and Wildlife
Service;
(5) ‘‘limited warranty deed’’ means a warranty deed which
is, with respect to its warranties, limited to that portion of
the chain of title from the moment of conveyance from the
United States to Newtok to and including the moment at which
such title is validly reconveyed to the United States;
(6) ‘‘Newtok’’ means the Newtok Native Corporation, an
Alaska Native Village Corporation established pursuant to
ANCSA;
(7) ‘‘Newtok lands’’ means approximately 12,101 acres of
surface estate comprising conveyed lands and selected lands
identified as Aknerkochik on the map referred to in paragraph
(4) and that surface estate selected by Newtok on Baird Inlet
Island as shown on the map; and
(8) ‘‘Secretary’’ means the Secretary of the Interior.
SEC. 2. LANDS TO BE EXCHANGED.
(a) LANDS EXCHANGED TO THE UNITED STATES.—If, within 180
days after the date of enactment of this Act, Newtok expresses
to the Secretary in writing its intent to enter into a land exchange
with the United States, the Secretary shall accept from Newtok
a valid, unencumbered conveyance, by limited warranty deed, of
the Newtok lands previously conveyed to Newtok. The Secretary
shall also accept from Newtok a relinquishment of irrevocable
prioritized selections for approximately 4,956 acres for those validly
selected lands not yet conveyed to Newtok.
16 USC 668dd
note.
Nov. 17, 2003
[S. 924]
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117 STAT. 1359
PUBLIC LAW 108–129—NOV. 17, 2003
(b) LANDS EXCHANGED
TO NEWTOK.—In exchange for the
Newtok lands conveyed and selections relinquished under sub-
section (a), the Secretary shall, subject to valid existing rights
and notwithstanding section 14(f) of ANCSA, convey to Newtok
the surface and subsurface estates of the Identified Lands. The
conveyance shall be by interim conveyance. Subsequent to the
interim conveyance, the Secretary shall survey Identified Lands
at no cost to Newtok and issue a patent to the Identified Lands
subject to the provisions of ANCSA and this Act.
SEC. 3. CONVEYANCE.
(a) TIMING.—The Secretary shall issue interim conveyances
pursuant to subsection 2(b) at the earliest possible time after accept-
ance of the Newtok conveyance and relinquishment of selections
under subsection 2(a).
(b) RELATIONSHIP
TO ANCSA.—Lands conveyed to Newtok
under this Act shall be treated as having been conveyed under
the provisions of ANCSA, except that the provisions of 14(c) and
22g of ANCSA shall not apply to these lands. Consistent with
section 103(c) of ANILCA, these lands shall not be included as
a portion of the Yukon Delta National Wildlife Refuge and shall
not be subject to regulations applicable solely to public lands within
this Conservation System Unit.
(c) EFFECT ON ENTITLEMENT.—Except as otherwise provided,
nothing in this Act shall be construed to change the total acreage
of land to which Newtok is entitled under ANCSA.
(d) EFFECT ON NEWTOK LANDS.—The Newtok Lands shall be
included in the Yukon Delta National Wildlife Refuge as of the
date of acceptance of the conveyance of those lands from Newtok,
except that residents of the Village of Newtok, Alaska, shall retain
access rights to subsistence resources on those Newtok lands as
guaranteed under section 811 of ANILCA (16 U.S.C. 3121), and
to subsistence uses, such as traditional subsistence fishing, hunting
and gathering, consistent with section 803 of ANILCA (16 U.S.C.
3113).
(e) ADJUSTMENT TO CALISTA CORPORATION ANCSA ENTITLE-
MENT FOR RELINQUISHED NEWTOK SELECTIONS.—To the extent that
Calista subsurface rights are affected by this Act, Calista shall
be entitled to an equivalent acreage of in lieu subsurface entitlement
for the Newtok selections relinquished in the exchange as set forth
in subsection 2(a) of this Act. This equivalent entitlement shall
come from subsurface lands already selected by Calista, but which
have not been conveyed. If Calista does not have sufficient sub-
surface selections to accommodate this additional entitlement,
Calista Corporation is hereby authorized to make an additional
in lieu selection for the deficient acreage from lands within the
region but outside any conservation system unit.
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117 STAT. 1360
PUBLIC LAW 108–129—NOV. 17, 2003
LEGISLATIVE HISTORY—S. 924:
HOUSE REPORTS: No. 108–345 (Comm. on Resources).
SENATE REPORTS: No. 108–97 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 17, considered and passed Senate.
Nov. 4, considered and passed House.
(f) ADJUSTMENT TO EXCHANGE.—If requested by Newtok, the
Secretary may consider and make adjustments to the exchange
to meet the purposes of this Act, subject to all the same terms
and conditions of this Act.
Approved November 17, 2003.
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