[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3612 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 3612


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 12), 1994

                                Received

            October 8 (legislative day, September 12), 1994

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
    To amend the Alaska Native Claims Settlement Act, 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. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE 
              ASSOCIATIONS CONVEYANCES.

    The conveyance of approximately 11,520 acres to Montana Creek 
Native Association, Inc., and the conveyance of approximately 11,520 
acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc. 
in fulfillment of the agreement of February 3, 1976, and subsequent 
letter agreement of March 26, 1982, among the three parties are hereby 
adopted and ratified as a matter of Federal law. These conveyances 
shall be deemed to be conveyances pursuant to section 14(h)(2) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group 
corporations for Montana Creek and Caswell are hereby declared to have 
received their full entitlement and shall not be entitled to the 
receipt of any additional lands under the Alaska Native Claims 
Settlement Act. The ratification of these conveyances shall not have 
any other effect upon section 14(h) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613(h)) or upon the duties and obligations 
of the United States to any Alaska Native Corporation. This 
ratification shall not be the basis for any claim to land or money by 
Caswell or Montana Creek group corporations or any other Alaska Native 
Corporation against the State of Alaska, the United States, or Cook 
Inlet Region, Incorporated.

SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL 
              CORPORATION.

    Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1621(c)) is amended by adding at the end the following:
    ``(3) This section shall apply to lands conveyed by interim 
conveyance or patent to a regional corporation pursuant to this Act 
which are made subject to a mining claim or claims located under the 
general mining laws, including lands conveyed prior to enactment of 
this paragraph. Effective upon the date of the enactment of this 
paragraph, the Secretary, acting through the Bureau of Land Management 
and in a manner consistent with section 14(g) of this Act, shall 
transfer to the regional corporation administration of all mining 
claims determined to be entirely within lands conveyed to that 
corporation. Any person holding such mining claim or claims shall meet 
such requirements of the general mining laws and section 314 of the 
Federal Land Management and Policy Act of 1976 (43 U.S.C. 1744), except 
that any filings which would have been made with the Bureau of Land 
Management if the lands were within Federal ownership shall be timely 
made to the appropriate regional corporation. The validity of any such 
mining claim or claims may be contested by the regional corporation, in 
the place of the United States. All contest proceedings and appeals by 
the mining claimants of adverse decisions made by the regional 
corporation shall be brought in Federal District Court for the District 
of Alaska. Neither the United States nor any Federal agency or official 
shall be named or joined as a party in such proceedings or appeals. All 
revenues from such mining claims received after passage of this 
paragraph shall be remitted to the regional corporation subject to 
distribution pursuant to section 7(i) of this Act, except that in the 
event that the mining claim or claims are not totally within the lands 
conveyed to the regional corporation, the regional corporation shall be 
entitled only to that proportion of revenues, other than administrative 
fees, reasonably allocated to the portion of the mining claim or claims 
so conveyed.''.

SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE 
              CONTAMINATION OF TRANSFERRED LANDS.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

        ``claims arising from contamination of transferred lands

    ``Sec. 40. (a) As used in this section:
            ``(1) The term `contaminant' means hazardous substances 
        harmful to public health or the environment, including 
        asbestos.
            ``(2) The term `lands' means real property transferred to 
        an Alaska Native Corporation pursuant to this Act.
    ``(b) Within 18 months of enactment of this section, and after 
consultation with the Secretary of Agriculture, State of Alaska, and 
appropriate Alaska Native corporations and organizations, the Secretary 
shall submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, a report addressing issues presented by the presence of 
hazardous substances on lands conveyed or prioritized for conveyance to 
such corporations pursuant to this Act. Such report shall consist of--
            ``(1) existing information concerning the nature and types 
        of contaminants present on such lands prior to conveyance to 
        Alaska Native corporations;
            ``(2) existing information identifying the existence and 
        availability of potentially responsible parties for the removal 
        or amelioration of the effects of such contaminants;
            ``(3) identification of existing remedies; and
            ``(4) recommendations for any additional legislation that 
        the Secretary concludes is necessary to remedy the problem of 
        contaminants on such lands.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
              IMPLEMENTING REQUIRED RECONVEYANCES.

    Section 14(c) of Alaska Native Claims Settlement Act (43 U.S.C. 
1613(c)) is amended by adding at the end the following:
``There is authorized to be appropriated such sums as may be necessary 
for the purpose of providing technical assistance to Village 
Corporations established pursuant to this Act in order that they may 
fulfill the reconveyance requirements of section 14(c) of this Act. The 
Secretary may make funds available as grants to ANCSA or nonprofit 
corporations that maintain in-house land planning and management 
capabilities.''.

SEC. 5. NATIVE ALLOTMENTS.

    Section 1431(o) of the Alaska National Interest Lands Conservation 
Act (94 Stat. 2542) is amended by adding at the end the following:
    ``(5) Following the exercise by Arctic Slope Regional Corporation 
of its option under paragraph (1) to acquire the subsurface estate 
beneath lands within the National Petroleum Reserve--Alaska selected by 
Kuukpik Corporation, where such subsurface estate entirely surrounds 
lands subject to a Native allotment application approved under section 
905 of this Act, and the oil and gas in such lands have been reserved 
to the United States, Arctic Slope Regional Corporation, at its further 
option, shall be entitled to receive a conveyance of the reserved oil 
and gas, including all rights and privileges therein reserved to the 
United States, in such lands. Upon the receipt of a conveyance of such 
oil and gas interests, the entitlement of Arctic Slope Regional 
Corporation to in-lieu subsurface lands under section 12(a)(1) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)(1)) shall be 
reduced by the amount of acreage determined by the Secretary to be 
conveyed to Arctic Slope Regional Corporation pursuant to this 
paragraph.''.

SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKAN 
              VETERANS FOR ALLOTMENTS.

    (a) In General.--No later than six months after the date of 
enactment of this Act, the Secretary of the Interior, in consultation 
with the Secretary of Agriculture, the State of Alaska and appropriate 
Native corporations and organizations, shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate, a report which shall 
include, but not be limited to, the following:
            (1) The number of Vietnam era veterans, as defined in 
        section 101 of title 38, United States Code, who were eligible 
        for but did not apply for an allotment of not to exceed 160 
        acres under the Act of May 17, 1906 (Chapter 2469; 34 Stat. 
        197), as such Act was in effect before December 18, 1971;
            (2) an assessment of the potential impacts of additional 
        allotments on conservation system units as such term is defined 
        in section 102(4) of the Alaska National Interest Lands 
        Conservation Act (94 Stat. 2375); and
            (3) recommendations for any additional legislation that the 
        Secretary concludes is necessary.
    (b) Requirement.--The Secretary of Veterans Affairs shall release 
to the Secretary of the Interior information relevant to the report 
required under subsection (a).

SEC. 7. TRANSFER OF WRANGELL INSTITUTE.

    (a) Property Transfer.--Cook Inlet Region, Incorporated, is 
authorized to transfer to the United States and the General Services 
Administration shall accept an approximately 10-acre site of the 
Wrangell Institute in Wrangell, Alaska, and the structures contained 
thereon.
    (b) Restoration of Property Credits.--
            (1) In general.--In exchange for the land and structures 
        transferred under subsection (a), property bidding credits in 
        the total amount of $382,305, shall be restored to the Cook 
        Inlet Region, Incorporated, property account in the Treasury 
        established under section 12(b) of the Act of January 2, 1976 
        (Public Law 94-204; 43 U.S.C. 1611 note), referred to in such 
        section as the ``Cook Inlet Region, Incorporated, property 
        account''. Such property bidding credits shall be used in the 
        same fiscal year as received by Cook Inlet Region, 
        Incorporated.
            (2) Hold harmless.--The United States shall defend and hold 
        harmless Cook Inlet Region, Incorporated, and its subsidiaries 
        in any and all claims arising from Federal or Cook Inlet 
        Region, Incorporated, ownership of the land and structures 
        prior to their return to the United States.

SEC. 8. SHISHMAREF AIRPORT AMENDMENT.

    The Shishmaref Airport, conveyed to the State of Alaska on January 
5, 1967, in Patent No. 1240529, is subject to reversion to the United 
States, pursuant to the terms of that patent for nonuse as an airport. 
The Secretary is authorized to reacquire the interests originally 
conveyed pursuant to Patent No. 1240529, and, notwithstanding any other 
provision of law, the Secretary shall immediately thereafter transfer 
all right, title, and interest of the United States in the subject 
lands to the Shishmaref Native Corporation. Nothing in this section 
shall relieve the State, the United States, or any other potentially 
responsible party of liability, if any, under existing law for the 
cleanup of hazardous or solid wastes on the property, nor shall the 
United States or Shishmaref Native Corporation become liable for the 
cleanup of the property solely by virtue of acquiring title from the 
State or from the United States.

SEC. 9. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION.

    (a) In General.--Section 7(h) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the 
following new paragraph:
    ``(4)(A) As used in this paragraph, the term `Cook Inlet Regional 
Corporation' means Cook Inlet Region, Incorporated.
    ``(B) The Cook Inlet Regional Corporation may, by an amendment to 
its articles of incorporation made in accordance with the voting 
standards under section 36(d)(1), purchase Settlement Common Stock of 
the Cook Inlet Regional Corporation and all rights associated with the 
stock from the shareholders of Cook Inlet Regional Corporation in 
accordance with any provisions included in the amendment that relate to 
the terms, procedures, number of offers to purchase, and timing of 
offers to purchase.
    ``(C) Subject to subparagraph (D), and notwithstanding paragraph 
(1)(B), the shareholders of Cook Inlet Regional Corporation may, in 
accordance with an amendment made pursuant to subparagraph (B), sell 
the Settlement Common Stock of the Cook Inlet Regional Corporation to 
itself.
    ``(D) No sale or purchase may be made pursuant to this paragraph 
without the prior approval of the board of directors of Cook Inlet 
Regional Corporation. Except as provided in subparagraph (E), each sale 
and purchase made under this paragraph shall be made pursuant to an 
offer made on the same terms to all holders of Settlement Common Stock 
of the Cook Inlet Regional Corporation.
    ``(E) To recognize the different rights that accrue to any class or 
series of shares of Settlement Common Stock owned by stockholders who 
are not residents of a Native village (referred to in this paragraph as 
`non-village shares'), an amendment made pursuant to subparagraph (B) 
shall authorize the board of directors (at the option of the board) to 
offer to purchase--
            ``(i) the non-village shares, including the right to share 
        in distributions made to shareholders pursuant to subsections 
        (j) and (m) (referred to in this paragraph as `nonresident 
        distribution rights'), at a price that includes a premium, in 
        addition to the amount that is offered for the purchase of 
        other village shares of Settlement Common Stock of the Cook 
        Inlet Regional Corporation, that reflects the value of the 
        nonresident distribution rights; or
            ``(ii) non-village shares without the nonresident 
        distribution rights associated with the shares.
    ``(F) Any shareholder who accepts an offer made by the board of 
directors pursuant to subparagraph (E)(ii) shall receive, with respect 
to each non-village share sold by the shareholder to the Cook Inlet 
Regional Corporation--
            ``(i) the consideration for a share of Settlement Common 
        Stock offered to shareholders of village shares; and
            ``(ii) a security for only the nonresident rights that 
        attach to such share that does not have attached voting rights 
        (referred to in this paragraph as a `non-voting security').
    ``(G) An amendment made pursuant to subparagraph (B) shall 
authorize the issuance of a non-voting security that--
            ``(i) shall, for purposes of subsections (j) and (m), be 
        treated as a non-village share with respect to--
                    ``(I) computing distributions under such 
                subsections; and
                    ``(II) entitling the holder of the share to the 
                proportional share of the distributions made under such 
                subsections;
            ``(ii) may be sold to Cook Inlet Region, Inc.; and
            ``(iii) shall otherwise be subject to the restrictions 
        under paragraph (1)(B).
    ``(H) Any shares of Settlement Common Stock purchased pursuant to 
this paragraph shall be canceled on the conditions that--
            ``(i) non-village shares with the nonresident rights that 
        attach to such shares that are purchased pursuant to this 
        paragraph shall be considered to be--
                    ``(I) outstanding shares; and
                    ``(II) for the purposes of subsection (m), shares 
                of stock registered on the books of the Cook Inlet 
                Regional Corporation in the names of nonresidents of 
                villages; and
            ``(ii) any amount of funds that would be distributable with 
        respect to non-village shares or non-voting securities pursuant 
        to subsection (j) or (m) shall be distributed by Cook Inlet 
        Regional Corporation to itself; and
            ``(iii) village shares that are purchased pursuant to this 
        paragraph shall be considered to be--
                    ``(I) outstanding shares, and
                    ``(II) for the purposes of subsection (k) shares of 
                stock registered on the books of the Cook Inlet 
                Regional Corporation in the names of the residents of 
                villages.
    ``(I) Any offer to purchase Settlement Common Stock made pursuant 
to this paragraph shall exclude from the offer--
            ``(i) any share of Settlement Common Stock held, at the 
        time the offer is made, by an officer (including a member of 
        the board of directors) of Cook Inlet Regional Corporation or a 
        member of the immediate family of the officer; and
            ``(ii) any share of Settlement Common Stock held by any 
        custodian, guardian, trustee, or attorney representing a 
        shareholder of Cook Inlet Regional Corporation in fact or law, 
        or any other similar person, entity, or representative.
    ``(J)(i) The board of directors of Cook Inlet Regional Corporation, 
in determining the terms of an offer to purchase made under this 
paragraph, including the amount of any premium paid with respect to a 
non-village share, may rely upon the good faith opinion of a recognized 
firm of investment bankers or valuation experts.
    ``(ii) Notwithstanding any other provision of law, Cook Inlet 
Regional Corporation, a member of the board of directors of Cook Inlet 
Regional Corporation, and any firm or member of a firm of investment 
bankers or valuation experts who assists in a determination made under 
this subparagraph shall not be liable for damages resulting from terms 
made in an offer made in connection with any purchase of Settlement 
Common Stock if the offer was made--
            ``(I) in good faith;
            ``(II) in reliance on a determination made pursuant to 
        clause (i); and
            ``(III) otherwise in accordance with this paragraph.
    ``(K) The consideration given for the purchase of Settlement Common 
Stock made pursuant to an offer to purchase that provides for such 
consideration may be in the form of cash, securities, or a combination 
of cash and securities, as determined by the board of directors of Cook 
Inlet Regional Corporation, in a manner consistent with an amendment 
made pursuant to subparagraph (B).
    ``(L) Sale of Settlement Common Stock in accordance with this 
paragraph shall not diminish a shareholder's status as an Alaska Native 
or descendant of a Native for the purpose of qualifying for those 
programs, benefits and services or other rights or privileges set out 
for the benefit of Alaska Natives and Native Americans. Proceeds from 
the sale of Settlement Common Stock shall not be excluded in 
determining eligibility for any needs-based programs that may be 
provided by Federal, State or local agencies.''.
    (b) Conforming Amendment.--Section 8(c) of such Act (43 U.S.C. 
1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than 
paragraph (4))''.

            Passed the House of Representatives October 3, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.