[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2505 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2505

   To amend the Alaska Native Claims Settlement Act to make certain 
 clarifications to the land bank protection provisions, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 1995

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Alaska Native Claims Settlement Act to make certain 
 clarifications to the land bank protection provisions, 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. AUTOMATIC LAND BANK PROTECTION.

    (a) Lands Received in Exchange From Certain Federal Agencies.--The 
matter preceding clause (i) of section 907(d)(1)(A) of the Alaska 
National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is 
amended by inserting ``or conveyed to a Native Corporation pursuant to 
an exchange authorized by section 22(f) of Alaska Native Claims 
Settlement Act or section 1302(h) of this Act or other applicable law'' 
after ``Settlement Trust''.
    (b) Lands Exchanged Among Native Corporations.--Section 
907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)) is amended by striking 
``and'' at the end of clause (ii), by striking the period at the end of 
clause (iii) and inserting ``; and'', and by adding at the end the 
following:
            ``(iv) lands or interest in lands shall not be considered 
        developed or leased or sold to a third party as a result of an 
        exchange or conveyance of such land or interest in land between 
        or among Native Corporations and trusts, partnerships, 
        corporations, or joint ventures, whose beneficiaries, partners, 
        shareholders, or joint venturers are Native Corporations.''.
    (c) Actions by Trustee Serving Pursuant to Agreement of Native 
Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C. 
1636(d)(3)(B)) is amended by striking ``or'' at the end of clause (i), 
by striking the period at the end of clause (ii) and inserting ``; 
or'', and by adding at the end the following:
            ``(iii) to actions by any trustee whose right, title, or 
        interest in land or interests in land arises pursuant to an 
        agreement between or among Native Corporations and trusts, 
        partnerships, or joint ventures whose beneficiaries, partners, 
        shareholders, or joint venturers are Native Corporations.''.

SEC. 2. RETAINED MINERAL ESTATE.

    Section 12(c)(4) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1611(c)(4)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively, and by inserting after 
        subparagraph (B) the following new subparagraph:
    ``(C) Where such public lands are surrounded by or contiguous to 
subsurface lands obtained by a Regional Corporation under subsections 
(a) or (b), the Corporation may, upon request, have such public land 
conveyed to it.''; and
            (2) in subparagraph (D) (as so redesignated), by striking 
        ``(A) or (B)'' and inserting ``(A), (B), or (C)''.

SEC. 3. ELIM NATIVE CORPORATION LAND RESTORATION.

    (a) Withdrawal and Availability For Selection.--The lands described 
in subsection (b) are withdrawn from disposition under the public land 
laws, entry or appropriation under the mining laws of the United 
States, and the operation of the mineral leasing laws of the United 
States, subject to valid existing rights, for a period of one year from 
the date of enactment of this Act, for selection by the Elim Native 
Corporation under this section:
    (b) Lands Described.--The lands described in this section are a 
parcel of land in the vicinity of Elim, Alaska, at approximately 
latitude 64 50 N. Longitude 162 00 W, more particularly described as 
follows:
            Beginning at the point of intersection of line 3-4, U.S. 
        Survey No. 2548 with the protracted West Boundary of T8S, R18W 
        KRM, Alaska;
            Thence North, along the west boundary of the aforementioned 
        township, approximately 4\1/2\ miles to the protracted position 
        for the corner of sections 1, 6, 7, and 12;
            Thence Northeasterly, parallel with line 4-3 of U.S. Survey 
        No. 2548, approximately 20\1/2\ miles, to a point;
            Thence East approximately 6 miles to corner no. 3 U.S. 
        Survey No. 2548;
            Thence Southwesterly along lines 3-4, U.S. Survey 2548 
        approximately 27\1/2\ miles to the point of beginning, 
        containing, 52,799.3 acres, more or less.
    (c) Authorization to Select Lands; Reservation of Easement.--The 
Elim Native Corporation is authorized to select the lands described in 
subsection (b) to satisfy its land entitlements under section 19(b) of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1618(b). The 
Secretary is authorized to receive, adjudicate and convey the lands to 
the Elim Native Corporation subject to (1) valid existing rights, and 
(2) an easement reserved to the United States for the benefit of the 
public. An easement in the lands shall be reserved to the Iditarod 
National Historic Trail.
    (d) Withdrawal and Selection of Additional Lands.--The Secretary is 
authorized to withdraw, and Elim Native Corporation is authorized to 
select, within 18 months after the date of the enactment of this Act 
additional lands adjacent to the lands withdrawn by subsection (a) to 
fulfill Elim Native Corporation's land entitlements equal to the total 
acreage of the Norton Bay Reservation as withdrawn by Executive Order 
No. 2508, dated January 3, 1917.

SEC. 4. EXTENSION OF EXEMPTION PERIOD FROM ESTATE AND GIFT TAX FOR 
              STOCK THROUGH ITS PERIOD OF INALIENABILITY.

    Section 21(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1620(f)) is amended by striking ``January 1, 1992,'' and in lieu 
thereof ``the date on which alienability restrictions terminate in 
accordance with the provisions of this title, settlement''.

SEC. 5. PROPOSED AMENDMENT TO PUBLIC LAW 102-415.

    Section 20(f) of the Alaska Land Status Technical Corrections Act 
of 1992 (106 Stat. 2129) is amended by adding at the end the following 
new paragraph:
            ``(4) The Region shall be deemed to have 3,520 acres of 
        subsurface entitlement pursuant to this section, which 
        entitlement shall be satisfied in the manner prescribed for the 
        Region in section 14(h)(9) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613(h)(9)).''.

SEC. 6. CALISTA CORPORATION LAND EXCHANGES.

    (a) Valuation of Lands.--Section 8126(a) of Public Law 102-172 (105 
Stat. 1206) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) in subsection (a)(1) (as so designated), by inserting 
        ``, as amended'' after ``October 28, 1991'';
            (3) in subsection (a)(1) (as so designated)--
                    (A) by striking ``The value of the lands'' and all 
                that follows through ``establish the value:'' and 
                inserting the following: ``The value of any interests 
                in any fee estate, or entitlement to select a fee 
                estate, identified in that document shall be set at no 
                less than the acre-equivalent exchange value referenced 
                in section 12(b)(7)(iv) of the Act of January 2, 1976 
                (Public Law 94-204), as amended. The value of any 
                interests in any subsurface estate shall be set at no 
                less than 31 percent of such acre-equivalent exchange 
                value:''; and
                    (B) by striking ``43 U.S.C. 1601'' and all that 
                follows and inserting in lieu thereof ``the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
                except for subsections (a), (b), (c), (f), (g), (i), 
                (h), and (j) of section 21 and section 30(b) (43 U.S.C. 
                1620 (a), (b), (c), (f), (g), (i), (h), and (j); 
                1627(b)), and except for section 907(d) of the Alaska 
                National Interest Lands Conservation Act (43 U.S.C. 
                1637(d)).''; and
            (4) by adding at the end the following:
    ``(2) The Secretary shall determine the value of the lands or 
interests in lands pursuant to this subsection not later than 60 days 
following enactment of this paragraph: Provided, That, if the Secretary 
fails to determine a value within the required time, the value of the 
lands and interests in lands shall be determined in accordance with 
paragraph (1).''.
    (b) Natural Resource Revenues.--Section 7(i) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1606(i)) is amended by adding at the 
end the following: ``For the purposes of this subsection, the term 
`revenues' does not include any benefit received or realized for a sale 
or exchange of assets pursuant to section 8126 of Public Law 102-172, 
as amended.''.

SEC. 7. MINING CLAIMS.

    Section 22(c)(3) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1621(c)(3)) is amended by striking out ``Regional Corporation'' 
each place it appears, except in the last sentence, and inserting in 
lieu thereof ``Regional Corporation, or Village Corporation where 
applicable,''.
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