[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2539 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2539

To provide for the settlement of certain claims under the Alaska Native 
             Claims Settlement Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 7 (legislative day, September 12), 1994

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the settlement of certain claims under 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. SHORT TITLE.

    This Act may be cited as the ``Landless Native Land Allocation Act 
of 1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) In General.--Congress finds the following:
            (1) In 1971, Congress enacted the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) (referred to in this 
        section as the ``Act'') to recognize and settle the aboriginal 
        claims of Alaska Natives to the lands Alaska Natives had used 
        for traditional purposes.
            (2) The Act awarded approximately $1,000,000,000 and 
        44,000,000 acres of land to Alaska Natives and provided for the 
        establishment of Native corporations to receive and manage such 
        funds and land.
            (3) Pursuant to the Act, Alaska Natives have been enrolled 
        in one of thirteen Regional Corporations.
            (4) Most Alaska Natives reside in communities that are 
        eligible to form a Village or Urban Corporation under the Act 
        within the geographical area of a Regional Corporation.
            (5) Village or Urban Corporations established pursuant to 
        the Act received cash and surface rights to the settlement land 
        described in paragraph (2), and the corresponding Regional 
        Corporation received cash and land which includes the 
        subsurface rights to the land of the Village or Urban 
        Corporation.
            (6) The southeastern Alaska communities of Haines, 
        Ketchikan, Petersburg, Tenakee, and Wrangell are not listed 
        under the Act as communities eligible to form Village or Urban 
        Corporations, even though the population of such villages 
        comprises greater than 20 percent of the shareholders of the 
        Regional Corporation of southeastern Alaska and display 
        historic, cultural and traditional qualities of Alaska Natives.
            (7) The five communities described in paragraph (6) have 
        sought full eligibility for lands and benefits under the Act 
        for more than two decades.
            (8) In 1993, Congress directed the Secretary of the 
        Interior to prepare a report examining the reasons why the 
        communities listed in paragraph (6) had been denied eligibility 
        to form Village or Urban Corporations under the Act and receive 
        land and benefits pursuant to the Act.
            (9) The report described in paragraph (8), published in 
        February, 1994, indicates that--
                    (A) the five communities listed in paragraph (6) do 
                not differ significantly from the southeast Alaska 
                communities that were permitted to form Village or 
                Urban Corporations under the Act;
                    (B) such communities are similar to other 
                communities that are eligible to form Village or Urban 
                Corporations under the Act and receive lands and 
                benefits under the Act--
                            (i) in actual number and percentage of 
                        Native Alaskan population; and
                            (ii) with respect to the historic use and 
                        occupation of land;
                    (C) each such community was involved in advocating 
                the settlement of the aboriginal claims of the 
                community; and
                    (D) some of the communities appeared on early 
                versions of lists of Native villages prepared before 
                the date of enactment of the Act, but were not included 
                as Native villages in the Act.
            (10) The omissions described in paragraph (9)(D) are not 
        clearly explained in any provision of the Act or the 
        legislative history of the Act.
            (11) On the basis of the findings described in paragraphs 
        (1) through (10), Alaska Natives who were enrolled in the five 
        unlisted communities and their heirs have been inadvertently 
        and wrongly denied the financial and cultural benefits of 
        enrollment in a Village or Urban Corporation established 
        pursuant to such Act.
    (b) Purpose.--The purpose of this Act is to redress the omission of 
the five communities described in subsection (a)(6) from eligibility--
            (1) to form Village or Urban Corporations under the Act; 
        and
            (2) to receive certain settlement lands pursuant to the 
        Act.

SEC. 3. LAND ENTITLEMENT.

    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. LANDLESS NATIVES LAND ALLOCATION.

    ``(a) Definitions.--As used in this section:
            ``(1) Adequate and feasible access.--The term `adequate and 
        feasible access' includes--
                    ``(A) direct access to lands conveyed to a Landless 
                Village Corporation pursuant to this section from the 
                nearest body of navigable salt water if such lands are 
                effectively blocked by National Forest System lands or 
                the existence of one or more conservation system units, 
                national recreation areas, national conservation areas, 
                or public lands designated as wilderness study areas or 
                managed to maintain the wilderness character or 
                potential wilderness character of the land; and,
                    ``(B) access to and use of roads, log transfer 
                facilities and other infrastructure features of the 
                United States Forest Service.
            ``(2) Landless village corporation.--The term `Landless 
        Village Corporation' means any of the communities of Haines, 
        Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, that--
                    ``(A) has incorporated under applicable laws of the 
                State of Alaska; and
                    ``(B) has, pursuant to subsection (b), organized as 
                a Village Corporation in accordance with section 8.
            ``(3) Regional corporation of southeastern alaska.--The 
        term `Regional Corporation of southeastern Alaska' means the 
        Regional Corporation described in section 7(a)(10).
            ``(4) Unprocessed timber.--The term `unprocessed timber' 
        means any tree, or portion of a tree, or other roundwood that 
        is not processed in accordance with standards and 
        specifications suitable for end product use.
    ``(b) Status of Certain Communities as Native Villages.--Each of 
the Native communities of Haines, Ketchikan, Petersburg, Tenakee, and 
Wrangell, Alaska, shall be considered a Native village that is eligible 
to receive land and benefits under this Act (including funds 
distributed under section 7) and each such community may organize as a 
Village Corporation pursuant to section 8.
    ``(c) Enrollment.--
            ``(1) In general.--Unless specifically notified otherwise, 
        the Secretary shall enroll as a member of a Landless Village 
        Corporation each Native member of the community that organizes 
        as such Landless Village Corporation.
            ``(2) Shares for certain native members who were enrolled 
        in the regional corporation of southeastern alaska.--Each 
        Native member of a community described in subsection (b) who--
                    ``(A) is enrolled in a Landless Village Corporation 
                pursuant to paragraph (1), and
                    ``(B) on or before March 30, 1973, was enrolled as 
                a shareholder of the Regional Corporation of 
                southeastern Alaska,
        shall receive 100 shares of Settlement Common Stock in the 
        Landless Village Corporation.
            ``(3) Certain other natives.--Each Native member of a 
        community described in subsection (b) who--
                    ``(A) is not a shareholder described in paragraph 
                (2)(B), but
                    ``(B) received, by means of inheritance or gift, 
                shares of stock in the Regional Corporation of 
                southeastern Alaska that originally belonged to a 
                Native who, on or before March 30, 1973, was enrolled 
                as a shareholder of the Regional Corporation of 
                southeastern Alaska, and, if alive, would be enrolled 
                in a Landless Village Corporation pursuant to paragraph 
                (1),
        shall receive a number of shares of Settlement Common Stock in 
        the appropriate Landless Village Corporation equal to the 
        number of shares of stock of such Regional Corporation that the 
        Native inherited or received by gift pursuant to subparagraph 
        (B).
    ``(d) Land Withdrawal, Selection, and Conveyance.--
            ``(1) In general.--The Secretary is authorized and directed 
        to withdraw from all forms of appropriation under the public 
        land laws, including the mining and mineral leasing laws, all 
        eligible public lands described in paragraph (3). During the 5-
        year period beginning on the date of the withdrawal, each 
        Landless Village Corporation shall nominate for selection 
        public lands for conveyance to the Landless Village Corporation 
        pursuant to this section.
            ``(2) Withdrawal.--The withdrawal of land described in 
        paragraph (1) shall not be made, or deemed to have been made, 
        in accordance with or subject to sections 11, 14, or 16. Such 
        withdrawal shall be considered to be a separate withdrawal 
        authorized and directed by this subsection. The Secretary shall 
        make the withdrawal not later than 60 days after the date of 
        enactment of this section. The lands shall, subject to such 
        withdrawal, remain withdrawn until all selection and 
        conveyances are completed pursuant to this section.
            ``(3) Public lands eligible for selection.--Subject to 
        paragraph (4), the public lands eligible for selection for 
        conveyance to a Landless Village Corporation pursuant to this 
        Act shall be the lands located within the Regional Corporation 
        of southeastern Alaska, except that such public lands shall not 
        include lands--
                    ``(A) within a conservation system unit described 
                in section 101 of the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 3101);
                    ``(B) within the timber base described in the 1979 
                Tongass National Forest Land Management Plan;
                    ``(C) withdrawn or reserved for national defense 
                purposes; or
                    ``(D) selected by a Regional, Village, or Urban 
                Corporation pursuant to this Act and the State of 
                Alaska under the Act commonly known as the `Alaska 
                Statehood Act' (48 U.S.C. note prec. 21).
            ``(4) Valid existing rights.--The lands selected for 
        conveyance to a Landless Village Corporation pursuant to this 
        Act, shall be subject to valid and existing rights and the 
        patent rights described in section 14(g).
            ``(5) Acreage.--The quantity of acreage of public lands 
        that may be selected for a Landless Village Corporation on the 
        basis of nominations made by the Landless Village Corporation 
        pursuant to this subsection shall be--
                    ``(A) based on the number of Natives enrolled in 
                the Landless Village Corporation; and
                    ``(B) determined in accordance with the table 
                contained in section 14(a), except that the date of 
                establishment of the Landless Village Corporation shall 
                be substituted for the date specified in such table.
            ``(6) Review of nominated selections.--(A) The Secretary, 
        in consultation with the Secretary of Agriculture, shall review 
        the nominations for selection of public lands made by a 
        Landless Village Corporation pursuant to this subsection to 
        determine whether any conflict exists between the nominations 
        of the Landless Village Corporation and any other nominations 
        or selections made by any other Landless Village Corporation or 
        entity.
            ``(B) Except with respect to nominations for selections of 
        public lands made pursuant to this subsection by the Landless 
        Village Corporation of the community of Ketchikan, Alaska, any 
        conflict between the nominations for selection of public lands 
        made by a Landless Village Corporation pursuant to this 
        subsection and the nominations made by another Landless Village 
        Corporation pursuant to this subsection shall be resolved by 
        the Secretary in favor of the Landless Village Corporation that 
        is located closest to the lands that are the subject of the 
        conflict.
            ``(7) Conveyance of lands.--Immediately after the review of 
        each nomination for a selection made by a Landless Village 
        Corporation and the resolution of any conflicts described in 
        paragraph (6) carried out pursuant to this subsection, the 
        Secretary shall select and convey, subject to the terms and 
        conditions specified in this section--
                    ``(A) to the Landless Village Corporation that 
                makes the nomination for the selection, a patent to the 
                surface estate in the lands nominated for selection by 
                the Landless Village Corporation; and
                    ``(B) to the Regional Corporation of southeastern 
                Alaska, a patent to the subsurface estates of the 
                lands.
    ``(e) Access to Conveyed Lands.--
            ``(1) In general.--The Secretary of Agriculture or the head 
        of an appropriate Federal agency shall take such actions as may 
        be necessary to ensure that each Landless Village Corporation 
        and its assigns have such rights as may be necessary to ensure 
        adequate and feasible access to the lands conveyed to the 
        Landless Village Corporation pursuant to this section for 
        economic, cultural, and traditional purposes.
            ``(2) Permit applications.--In carrying out this 
        subsection, the appropriate head of a Federal agency shall 
        grant, in a reasonable and timely manner, any permit 
        application submitted to the agency head relating to access to 
        and from lands conveyed to a Landless Village Corporation 
        pursuant to this section.
            ``(3) National environmental policy act exemption.--
        Notwithstanding any other provision of law, the construction of 
        a road or other infrastructure project or any related activity 
        to provide adequate and feasible access to lands conveyed to a 
        Landless Village Corporation pursuant to this section that is 
        carried out by the head of a Federal agency or any other person 
        or entity shall not constitute a major Federal action for the 
        purposes of section 102 of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332) and shall not be subject to any 
        requirement under such Act relating to an environmental 
        assessment or environmental impact statement.
    ``(f) Grants.--
            ``(1) In general.--The Secretary is authorized to award a 
        grant in an amount equal to $250,000 to each Landless Village 
        Corporation that submits an application to the Secretary that 
        is approved by the Secretary. If an application submitted to 
        the Secretary pursuant to this paragraph specifies that the 
        Landless Village Corporation will use the grant award in 
        accordance with this subsection, the Secretary shall approve 
        the application in a reasonable and timely manner.
            ``(2) Purpose of grant.--A grant awarded under this 
        subsection may only be used for planning, development, or any 
        other purpose for which the Landless Corporation that is the 
        recipient of the grant has been organized under section 8.
    ``(g) Prohibition on Export of Unprocessed Timber.--
            ``(1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, the lands conveyed 
        by the Federal Government pursuant to this section shall be 
        conveyed on the condition that unprocessed timber from such 
        lands may not be exported from the southeast region of Alaska 
        served by the Regional Corporation of southeastern Alaska.
            ``(2) Exemptions.--(A) The prohibition contained in 
        paragraph (1) shall not apply to those grades of unprocessed 
        red and yellow cedar timber that the Secretary of Agriculture 
        determines to be surplus to the needs and demands of 
        manufacturing facilities in the region described in such 
        paragraph.
            ``(B) Not later than 1 year after the date of enactment of 
        this section, and annually thereafter, the Secretary of 
        Agriculture, in consultation with the Secretary of Commerce and 
        after providing public notice and an opportunity for comment, 
        shall make a determination under subparagraph (A) concerning 
        which grades of unprocessed cedar timber described in such 
        subparagraph constitute timber that is surplus to the needs and 
        demands of manufacturing facilities.
            ``(3) Penalty.--If the Secretary of Commerce finds, on the 
        record and after an opportunity for a hearing, that a person, 
        with willful disregard for the prohibition contained in this 
        section against exporting unprocessed timber, exported or 
        caused to be exported unprocessed timber originating from lands 
        conveyed pursuant this section, the Secretary may assess 
        against such person a civil penalty of not more than 2 times 
        the gross value of the unprocessed timber involved in the 
        violation.
    ``(h) Statutory Construction.--To the extent that there is any 
conflict between this section and any other provision of this Act or 
any other Federal law, this section shall govern.''.
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S 2539 IS----2