[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1686 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1686

   To amend the Alaska Native Claims Settlement Act to settle claims 
  arising from the contamination of transferred lands, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 19 (legislative day, November 2), 1993

 Mr. Murkowski introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Alaska Native Claims Settlement Act to settle claims 
  arising from the contamination of transferred lands, 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. SHORT TITLE.

    This Act may be cited as the ``ANCSA Land Transfer Equity Act of 
1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) certain real property, transferred to Native 
        Corporations pursuant to the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1601 et seq.), has been found to contain 
        contaminants;
            (2) real property transferred to Native Corporations 
        pursuant to such Act may also contain contaminants that have 
        not yet been detected;
            (3) in fulfilling the remainder of entitlements due to 
        Native Corporations under such Act, additional conveyances may 
        take place without disclosures by the Federal Government; and
            (4) the presence of contaminants on the real property 
        creates harmful economic, legal, and other conditions which 
        significantly undermine the intent of such Act.

SEC. 3. SETTLEMENT OF CLAIMS.

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

``SEC. 40. SETTLEMENT OF CLAIMS ARISING FROM CONTAMINATION OF 
              TRANSFERRED LANDS.

    ``(a) Definitions.--As used in this section:
            ``(1) Contaminant.--The term `contaminant' means any 
        element, substance, compound, or mixture including disease-
        causing agents, that after release into the environment and 
        upon exposure, ingestion, inhalation, or assimilation into any 
        organism, either directly from the environment or indirectly by 
        ingestion through food chains, will or may reasonably be 
        anticipated to cause death, disease, behavioral abnormalities, 
        cancer, genetic mutation, physiological malfunctions (including 
        malfunctions in reproduction) or physical deformations, in such 
        organisms or their offspring. The term shall not include 
        petroleum, including crude oil or any fraction thereof that is 
        not otherwise specifically listed or designated as a hazardous 
        substance under subparagraphs (A) through (F) of section 
        101(14) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) 
        and shall not include natural gas, liquefied natural gas, or 
        synthetic gas of pipeline quality (or mixtures of natural gas 
        and such synthetic gas).
            ``(2) Lands.--The term `lands' means real property 
        transferred to a Native Corporation pursuant to this Act.
    ``(b) Settlement of Claims.--
            ``(1) In general.--Not later than 1 year after being 
        notified by a Native Corporation of contaminants on lands, the 
        Secretary shall reach a settlement with the Native Corporation 
        that provides for--
                    ``(A) the removal of all contaminants left by the 
                United States, an agent of the United States, or a 
                lessee, from the transferred lands; or
                    ``(B) the replacement of the lands containing 
                contaminants in accordance with paragraph (2).
            ``(2) Replacement of contaminated lands.--If the settlement 
        reached pursuant to paragraph (1) provides for the replacement 
        of lands containing contaminants in accordance with paragraph 
        (1)(B), the Secretary shall--
                    ``(A) accept title to the lands containing 
                contaminants from the Native Corporation; and
                    ``(B) replace the lands by conveying to the Native 
                Corporation--
                            ``(i) other lands, from unreserved, vacant, 
                        and unappropriated public lands, in accordance 
                        with section 1302(h) of the Alaska National 
                        Interest Lands Conservation Act (16 U.S.C. 
                        3192(h)); or
                            ``(ii) other lands, interests in lands, or 
                        rights available under this Act, pursuant to 
                        such authority, and under such terms with 
                        respect to value and acreage, as governed the 
                        original conveyance.
    ``(c) Assumption of Liability.--The United States shall--
            ``(1) assume all past, present, and future liabilities and 
        obligations arising from the original transfer of contaminated 
        lands; and
            ``(2) defend and hold harmless Native Corporations in all 
        claims arising from the original transfer of contaminated 
        lands.''.

SEC. 4. PENDING TRANSFERS.

    Nothing in the amendments made by this Act is intended to impede or 
delay any transfer of lands under the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) that is pending on the date of enactment 
of this Act.

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