To amend the Alaska Native Claims Settlement Act to restore certain lands to the Elim Native Corporation, and for other purposes.
PL 106-194 (H.R.3090), enacted 05/02/2000

PUBLIC LAW 106-194—MAY 2, 2000 
114 STAT. 239 
Public Law 106-194 
106th Congress 
An Act 
To amend the Alaska Native Claims Settlement Act to restore certain lands to 
May 2, 2000 
the Elim Native Corporation, and for other purposes. 
[H.R. 3090] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION. 1. ELIM NATIVE CORPORATION LAND RESTORATION. 
Section 19 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1618) is amended by adding at the end the following new 
subsection: 
"(c)(1) FINDINGS.—^The Congress finds that— 
"(A) approximately 350,000 acres of land were withdrawn 
by Executive orders in 1917 for the use of the United States 
Bureau of Education and of the Natives of Indigenous Alaskan 
race; 
"(B) these lands comprised the Norton Bay Reservation 
(later referred to as Norton Bay Native Reserve) and were 
set aside for the benefit of the Native inhabitants of the Eskimo 
Village of Elim, Alaska; 
"(C) in 1929, 50,000 acres of land were deleted from the 
Norton Bay Reservation by Executive order; 
"(D) the lands were deleted from the Reservation for the 
benefit of others; 
"(E) the deleted lands were not available to the Native 
inhabitants of Elim under subsection (b) of this section at 
the time of passage of this Act; 
"(F) the deletion of these lands has been and continues 
to be a source of deep concern to the indigenous people of 
Elim; and 
"(G) until this matter is dealt with, it will continue to 
be a source of great frustration and sense of loss among the 
shareholders of the Elim Native Corporation and their descend-
ants. 
"(2) WITHDRAWAL.—^The lands depicted and designated With-
drawal Area' on the map dated October 19, 1999, along with their 
legal descriptions, on file with the Bureau of Land Management, 
and entitled 'Land Withdrawal Elim Native Corporation', are hereby 
withdrawn, subject to valid existing rights, from all forms of appro-
priation or disposition under the public land laws, including the 
mining and mineral leasing laws, for a period of 2 years from 
the date of the enactment of this subsection, for selection by the 
Elim Native Corporation (hereinafter referred to as 'Elim'). 
"(3) AUTHORITY TO SELECT AND CONVEY.—^Elim is authorized 
to select in accordance with the rules set out in this paragraph, 
50,000 acres of land (hereinafter referred to as 'Conveyance Lands') 
114 STAT. 240 
PUBLIC LAW 106-194—MAY 2, 2000 
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. 
Deadline. 
"(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 remsiin 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-
Eince 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 conveysmce 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 (3XC) 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. 'Merchsmtable 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 £ind 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. 
PUBLIC LAW 106-194—MAY 2, 2000 
114 STAT. 241 
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 shsdl 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, £ift;er 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 V4 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 Vi 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 
114 STAT. 242 
PUBLIC LAW 106-194—MAY 2, 2000 
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 Vi 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 i7(b) EASEMENTS.—^The Bureau of Land 
Management, in consultation with Elim, shall reserve in the 
conveygmce 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)(l)(C)(iii) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1606(h)(l)(C)(iii)) is amended by inserting before 
the period at the end the following: ", notwithstanding an adoption. 
PUBLIC LAW 106-194—MAY 2, 2000 
114 STAT. 243 
relinquishment, or termination of parental rights that may have 
altered or severed the legal relationship between the gift donor 
and recipient". 
SEC. 3. DEFINrnON OF SETTLEMENT TRUST. 
Section 3(tX2) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602(tX2)) is amended by striking "sole" and all that 
follows through "Stock" and inserting "benefit of shareholders, 
Natives, and descendants of Natives,". 
Approved May 2, 2000. 
LEGISLATIVE HISTORY—H.R. 3090: 
HOUSE REPORTS: No. 106-452 (Comm. on Resouxces). 
SENATE REPORTS: No. 106-258 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
W<A. 145 (1999): Nov. 9, considered and passed House. 
Vol. 146 (2000): ^ r . 13, considered and passed Senate.